The National Archives and Records Administration:

How much time do outgoing Presidents have to go through their papers to determine what to retain as personal documents? 

The Presidential Records Act (PRA) requires the President to separate personal documents from Presidential records before leaving office. 44 U.S.C. 2203(b). The PRA makes clear that, upon the conclusion of the President’s term in office, NARA assumes responsibility for the custody, control, preservation of, and access to the records of a President. 44 U.S.C. 2203(g)(1). The PRA makes the legal status of Presidential records clear and unambiguous, providing that the United States reserves and retains “complete ownership, possession, and control of Presidential records.” 44 U.S.C. 2202. There is no history, practice, or provision in law for presidents to take official records with them when they leave office to sort through, such as for a two-year period as described in some reports. If a former President or Vice President finds Presidential records among personal materials, he or she is expected to contact NARA in a timely manner to secure the transfer of those Presidential records to NARA.

How does NARA store the records of an outgoing President after the end of an administration?

In the past, and in accordance with the Presidential Libraries Act (44 U.S.C. 2112), former Presidents would fund, build, endow, and donate to NARA a traditional Presidential Library (NARA-operated traditional Presidential Libraries exist from Presidents Hoover through George W. Bush). Accordingly, NARA would arrange to move the Presidential records to a temporary NARA facility near the designated location of the forthcoming Library – e.g., Hoffman Estates, IL, for the records of President Obama (who subsequently decided not to build a Presidential Library for NARA, see below); Dallas, TX, for President George W. Bush; Little Rock, AR, for President Clinton. In each case, the facility was modified to meet NARA requirements for records storage and security, NARA had physical and legal custody of the records from the end of the Administration, and the temporary facility was under the exclusive control of NARA.

NARA no longer expects to move Presidential records to a temporary facility outside of Washington, DC, given the relatively small volume of paper Presidential records created by recent administrations, as compared to the huge volume of electronic records and the strong interest in the digitization of paper records. In addition, the increased endowment requirements first applicable to President Obama under the Presidential Libraries Act may impact decisions by former Presidents concerning whether to build a traditional Presidential Library for NARA.

Prior to the end of his administration, President Trump did not communicate any intent to NARA with regard to funding, building, endowing, and donating a Presidential Library to NARA under the Presidential Libraries Act. Accordingly, the Trump Presidential records have been and continue to be maintained by NARA in the Washington, DC, area, and there was no reason for NARA to consider a temporary facility in Florida or elsewhere. [Continue reading…]