...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.
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