Sec. 632. Sense of Congress
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The sense of Congress is the following: The preservation of Presidential records (as defined in section 2201 of title 44, United States Code) is a legal obligation for every Presidential administration, as Presidential records are the most important and widely used source for studying how the executive branch of the Federal Government works, how it has changed over time, and how it might evolve to serve the needs of a new era. The preservation of Presidential records is therefore vital for— the public to be able to understand and learn from the past; future policymaking to build on the past administration’s successes and experience; ensuring accountability for results, performance, and conduct; and other purposes that serve to strengthen American democracy.
Any effort to destroy, alter, or remove Presidential records in violation of chapter 22 of title 44, United States Code— threatens the values described in paragraph (2); and may subject a person engaging in such efforts to other criminal penalties under section 641 or 2071 of title 18, United States Code. The lawful disposal of Presidential records that no longer have administrative, historical, informational, or evidentiary value must follow a process as described in section 2203 of title 44, United States Code.
What constitutes a Presidential record is determined solely by whether the record relates to the carrying out of constitutional, statutory, or other official or ceremonial duties of the President , as indicated in the definition of the term Presidential records in section 2201 of title 44, United States Code, and by the content of the information contained in the record. For communication between agencies and the Executive Office of the President, the copy of the record belonging to the agency is retained as an agency record pursuant to section 3301 of title 44, United States Code.
Consistent with section 2203 of title 44, United States Code, any Presidential records created with non-official electronic media shall be preserved , which includes a comprehensive documentation of all records and associated metadata and attachments. Applications or software with an automatic deleting functionality are antithetical to the legal and historical obligations described under chapter 22 of title 44, United States Code. Periods of Presidential transition are moments where the national security of the United States is most vulnerable, necessitating an early, good faith, and consistent commitment by the outgoing administration to ensure continuity of operations as it relates to national security and protecting critical infrastructure, among other reasons.
Agencies and the Executive Office of the President are required by law to cooperate with the Archivist of the United States and the Federal Transition Coordinator of the General Service Administration, who is tasked with ensuring agencies comply with all statutory requirements relating to transition planning under section 4(c) of the Presidential Transition Act of 1963 ( 3 U.S.C. 102 note). During a Presidential transition, Presidential records, which contain valuable information regarding agreements or negotiations with foreign governments and international organizations and the actions and beliefs of foreign nations or actors are of enormous value to the national security.
Any effort to delay briefings, coordination, and sharing information regarding key national security relationships, threats, and operations with an incoming administration or the destruction, removal, or alteration of Presidential records that attest to the information described in this section could pose a grave danger to the national security. An expeditious ascertainment of the plausible President-elect and Vice-President-elect by the Administrator of General Services plays a vital role in ensuring continuity of Government and protecting national security such that the risk of redundant expenditure is overwhelmed by the advantages of an early access to transition resources to allow for transition planning.
The National Archives and Records Administration plays an essential role in ensuring the official proceedings of Government are documented to improve democracy in the United States, protect national security, provide continuity of Government during a transition, and promote accountability for actions taking during a Presidency. The robust funding of the National Archives and Records Administration and protection of its officers and employees from political interference is a national imperative and must be a priority for Congress.
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U.S. Code