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Federal Records: Types and Treatments [February 26, 2019]
"The Federal Records Act (FRA; 44 U.S.C. Chapters 21, 29, 31, and 33), enacted in 1950 and amended since, governs the collection, retention, and preservation of federal agency records. Congress deemed federal records worthy of preservation for the information they provide on the transaction of public business and also because they document the 'organization, functions, policies, decisions, procedures, and essential transactions' of the government (44 U.S.C. §3301). The FRA also governs how federal records are to be destroyed or provided to the National Archives and Records Administration (NARA) for 'permanent' archiving within the National Archives of the United States."
Library of Congress. Congressional Research Service
Stuessy, Meghan M.
2019-02-26
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Executive Order to Reduce the Number of Federal Advisory Committees [June 27, 2019]
From the Document: "On June 14, 2019, President Donald Trump issued Executive Order (E.O.) 13875, 'Evaluating and Improving the Utility of Federal Advisory Committees.' The E.O. intends to evaluate, reduce, and limit the number of federal advisory committees (FACs) subject to the Federal Advisory Committee Act (FACA; 5 U.S.C. Appendix--Federal Advisory Committee Act; as amended), including statutory committees established by Congress. E.O. 13875 is similar to a previous E.O. issued by President William Clinton. Questions remain, however, about whether President Clinton's E.O. was effective in reducing the number of and costs associated with FACs and how the implementation and outcome of the recent E.O. may differ."
Library of Congress. Congressional Research Service
Stuessy, Meghan M.
2019-06-27
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Records, Papers, Decisions: Kavanaugh Records and the Presidential Records Act [August 27, 2018]
"Since Judge Brett Kavanaugh's nomination to be an Associate Justice of the Supreme Court was received on July 10, papers detailing his activities in the George W. Bush Administration and the Office of Independent Counsel Kenneth W. Starr have been the subject of ongoing congressional interest. Specifically, many Members of Congress have discussed the public release of Judge Kavanaugh's records and whether the scope and volume of records released is similar to the records of previous Supreme Court nominees. The release and maintenance of records pertaining to Judge Kavanaugh's tenure in these offices is governed by the interaction of the Federal Records Act, the Presidential Records Act (PRA), and the Freedom of Information Act (FOIA). While the Federal Records Act applies to all federal records, such as Judge Kavanaugh's attorney work files from his tenure with the Office of Independent Counsel, the PRA applies only to records created on behalf of a president, such as records created during the George W. Bush Administration."
Library of Congress. Congressional Research Service
Stuessy, Meghan M.
2018-08-27
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Electronic Messaging Record Keeping Requirements [Updated May 21, 2019]
From the Document: "The emergence and widespread governmental adoption of digital technologies that create information subject to the retention and preservation requirements of the Federal Records Act (FRA; 44 U.S.C. Chapters 21, 29, 31, and 33), as amended, and the Presidential Records Act (PRA; 44 U.S.C. §§2201-2209), as amended, may be of interest to Congress, officials charged with maintaining government records, and the public. Processes related to the preservation and archiving of born-digital record materials created by email (referred to in statute as electronic mail), text messages, mobile applications, and other forms of electronic messaging--whether created using official, governmental resources, or through personal devices owned by government employees--may be of interest to multiple audiences. Congressional interest arises from many perspectives, including compliance with federal record keeping laws; the consequence of more-complicated, and potentially incomplete, record keeping information; and the ability of Congress to conduct oversight of executive branch activities."
Library of Congress. Congressional Research Service
Stuessy, Meghan M.
2019-05-21
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Statements of Administration Policy [June 21, 2016]
"Presidents communicate their views on pending legislation in a variety of ways. The Office of Management and Budget (OMB) formally communicates the Administration's views by way of Statements of Administration Policy. Statements of Administration Policy, or SAPs, are designed to signal the Administration's position on legislation scheduled on the House and Senate floor. SAPs are often the first public document outlining the Administration's views on pending legislation and allow for the Administration to assert varying levels of support for or opposition to a bill. While Administrations vary as to how frequently and how many SAPs are released, a SAP's value comes in its ability to speak for the coordinated executive Administration as a whole. SAPs grant the Administration the opportunity to go on record with its reasons for opposing and potentially vetoing legislation. SAPs also enable the Administration to identify key provisions of the legislation that it objects to or finds particularly favorable. SAPs may also provide Congress insights into the Administration's position towards possible bill implementation. When a SAP indicates that the Administration may veto a bill, it appears in one of two ways: (1) a statement indicating that the President intends to veto the bill, or (2) a statement that agencies or senior advisors would recommend that the President veto the bill. These two types indicate degrees of veto threat certainty."
Library of Congress. Congressional Research Service
Stuessy, Meghan M.
2016-06-21
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Bill Presentment and the Pocket Veto at the Conclusion of a Congress
From the document: "After the sine die adjournment of a Congress, Members and staff may inquire about the status of legislation passed and sent to the President in the days immediately prior to adjournment. This Insight provides information on the constitutional bill presentment period, options for presidential action and the pocket veto, and the resolution of a bill's status during this circumstance. It does not discuss the controversy over inter- or intra-session recesses and asserted pocket vetoes."
Library of Congress. Congressional Research Service
Stuessy, Meghan M.
2021-01-11
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Veto Threats and Vetoes in the George W. Bush and Obama Administrations [April 30, 2020]
From the Summary: "The Framers checked congressional legislative power by providing the President the power to veto legislation and, in turn, checked the President's veto power by providing Congress a means to override that veto. Over time, it has become clear that the presidential veto power, even if not formally exercised, provides the President some degree of influence over the legislative process. Most Presidents have exercised their veto power as a means to influence legislative outcomes. Of 45 Presidents, 37 have exercised their veto power. This report begins with a brief discussion of the ways Presidents communicate their intention to veto, oppose, or support a bill. It then examines the veto power and Congress's role in the veto process. The report then provides analysis of the use of veto threats and vetoes and the passage of legislation during the George W. Bush Administration (2001-2009) and the Obama Administration (2009-2017) with some observations of the potential influence of such actions on legislation."
Library of Congress. Congressional Research Service
Stuessy, Meghan M.
2020-04-30
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Presidential Transitions: Government Records [November 24, 2020]
From the Document: "In Section 2 of the Presidential Transition Act of 1963 (as amended; 3 U.S.C. 102 note), Congress declared that '[t]he national interest requires that [presidential] transitions ... be accomplished so as to assure continuity in the faithful execution of the laws and in the conduct of the affairs of the Federal Government, both foreign and domestic.' The crux of such a transition is the transfer of executive power from the incumbent to the President-elect. The executive's power manifests in a variety of processes with application to a broad range of policy areas and issues. CRS [Congressional Research Service] has produced a set of products examining selected processes and policies that may be of particular interest during a presidential transition. This Insight discusses presidential records access, federal records, and electronic records considerations. Other related products examine clemency, executive orders, presidential appointments (executive branch), rulemaking, and presidential transitions generally."
Library of Congress. Congressional Research Service
Stuessy, Meghan M.
2020-11-24
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Access to Government Information: An Overview [March 31, 2022]
From the Summary: "Congress has long recognized the people's right to know about the operations and actions of the federal government. A series of modern statutes provides a framework for ways the public may access government information. Built up over the past 60 years, these key statutes allow the public to access information about the federal government's operations, information the government might collect on individuals, and insight into some of the government's decisionmaking processes. [...] After enactment of these statutes and subsequent evolution in their implementation, Congress has continued to question whether they provide for sufficient public inspection of government activity and whether federal government actors are complying with or circumventing the intent of these statutes. To help determine whether or not information can be sufficiently accessed, Congress might evaluate multiple questions, including whether the sought-after information is exclusive to certain individuals or software, at what point the information can be retrieved during decisionmaking processes, and if the information provided is sufficient to determine the context in which it was created. This report provides an overview of each of the four statutes and includes a discussion of policy questions and legislative considerations for each one."
Library of Congress. Congressional Research Service
Stuessy, Meghan M.
2022-03-31
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Presidential Records Management: Preservation and Disposal [March 3, 2022]
From the Document: "Presidential records provide an essential window into many of the most consequential actions and decisions of the American government. The Presidential Records Act (PRA; 44 U.S.C. §§2201-2209) sets forth requirements regarding the maintenance, access, and preservation of presidential and vice presidential information during and after a presidency. The PRA provides records maintenance requirements and permissions that vary depending on whether a presidency is in progress or has concluded. These matters may be of particular interest to Congress as it carries out its oversight activities and ensures presidential records are effectively collected and controlled during and after a presidency."
Library of Congress. Congressional Research Service
Stuessy, Meghan M.
2022-03-03
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Financial Services and General Government (FSGG) FY2019 Appropriations: Independent Agencies and General Provisions [October 26, 2018]
"The Financial Services and General Government (FSGG) appropriations bill includes funding for more than two dozen independent agencies primarily in Title V. These agencies perform a wide range of functions, including the management of federal real property, the regulation of financial institutions and markets, and mail delivery. This report focuses on funding for those independent agencies in Title V of the FSGG appropriations bill. It also addresses general provisions that apply government-wide, which appear in Title VII, and provisions on Cuba sanctions, which would typically appear in Title I. In addition, the FSGG bill funds agencies not covered in this report--the Department of the Treasury (Title I), the Executive Office of the President (EOP; Title II), the judiciary (Title III), and the District of Columbia (Title IV). The bill typically funds mandatory retirement accounts in Title VI, which also contains general provisions applying to the FSGG agencies."
Library of Congress. Congressional Research Service
Webel, Baird; Christensen, Michelle D.; Dilger, Robert Jay, 1954- . . .
2018-10-26
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COVID-19 Impact on Access to Military Service Records [October 20, 2021]
From the Document: "Servicemembers and other constituents may require access to military service records for many reasons, including providing proof of service to obtain government benefits. During the Coronavirus Disease 2019 (COVID-19) pandemic, many federal agencies moved from on-site work to remote work status for the safety and health of employees. This shift impacted the workflows of the Department of Defense (DOD), Department of Veterans Affairs (VA), and the National Archives and Records Administration's (NARA's) National Personnel Records Center (NPRC), three agencies involved in processing veterans benefits claims. VA has continued to process benefits claims, albeit at a slower pace and with delays. The NPRC reported that its employees were often unable to retrieve materials due to the vast majority of records being in paper form and requiring in-person access. This challenge led to backlogs in processing various VA claims and also led veterans, Veterans Service Organizations, and many Members of Congress to push for the digitization of military service records. This In Focus provides information on the interaction of DOD, VA, and NPRC on records processing; quantifies the records request backlog and the impact of the COVID-19 pandemic on request responsiveness; and outlines administrative and legislative efforts to resolve the issue."
Library of Congress. Congressional Research Service
Salazar, Heather M.; Stuessy, Meghan M.
2021-10-20
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Freedom of Information Act Requests in FY2020: By the Numbers [October 26, 2021]
From the Document: "The Freedom of Information Act (FOIA; 5 U.S.C. §552) establishes a presumption that agency recordsin the possession of the executive branch and departments of the federal government are accessible to the public. Under FOIA, the burden of proof to access government information shifted from a requester's 'need to know' to a 'right to know' doctrine, where the federal government has to show a need to keep the information secret (H.Rept. 109- 226). Government-wide information on the administration of FOIA is provided by the Department of Justice (DOJ) at http://www.foia.gov. This In Focus provides and discusses information from agencies on the volume of FOIA requests during FY2020 and FY2019 that were received, processed, and backlogged."
Library of Congress. Congressional Research Service
Stuessy, Meghan M.; Marchsteiner, Kathleen E.
2021-10-26
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Sunshine Week: Selected Issues for Congress [March 13, 2020]
From the Document: "Coinciding with former President James Madison's birthday, Sunshine Week recognizes the importance of transparency in government operations, and the work of Freedom of Information Act (FOIA; 5 U.S.C. §552) professionals across the federal government. Considered a defender of open government, Madison wrote, 'A popular Government without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or, perhaps both. Knowledge will forever govern ignorance; And the people who mean to be their own Governors, must arm themselves with the power, which knowledge gives.' Recognition of the people's right to know what their government is doing through access to government information can be traced back to the early days of the nation; however, modern statutes provide guidance on how the public may access government information. One critical statute, which is celebrated alongside Madison's legacy during Sunshine Week, is FOIA. This Insight provides a brief summary of FOIA and its administration, and then provides an overview of selected issues relating to FOIA that may be of interest to Congress."
Library of Congress. Congressional Research Service
Stuessy, Meghan M.
2020-03-13
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Freedom of Information Act (FOIA) Processing Changes Due to COVID-19: In Brief [March 27, 2020]
From the Document: "As federal agencies adjust their operations in light of the COVID-19 pandemic, activities related to the processing and release of government information are also changing. [...] Government information requests through FOIA [Freedom of Information Act] may be impacted by COVID-19 in two ways. First, certain types of information related to the outbreak may be eligible for expedited consideration; FOIA requests are to be expedited as soon as practicable in cases in which the person requesting the records demonstrates a compelling need. Second, processes for locating information may change due to employees working remotely or on administrative leave. This In Brief report provides an overview of the typical FOIA request process and usual conditions for requesting expedited processing of a request. The report then provides analysis of the impact of agency procedures in response to the pandemic on government information availability, and concludes with a survey of announced agency processing alterations."
Library of Congress. Congressional Research Service
Marchsteiner, Kathleen E.; Stuessy, Meghan M.
2020-03-27
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U.S. Postal Service Financial Condition and Title VI of the CARES Act [May 12, 2020]
From the Document: "In its latest response to concerns about the financial condition of the United States Postal Service (USPS), Congress added a provision to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136, Section 6001) expanding USPS's authority to borrow from the Treasury. This comes at a time when USPS is delivering important information and products in connection with the ongoing COVID-19 pandemic, including economic impact payments, census mailings, mail-in election ballots, and vital medicines. The CARES Act borrowing authority raises new questions about USPS's fiscal condition. This Insight briefly reviews USPS's funding structure, its existing borrowing authority, and the financial challenges it faced before, and is likely to face after, the pandemic. It concludes with potential issues for congressional consideration."
Library of Congress. Congressional Research Service
Stuessy, Meghan M.; Gnanarajah, Raj
2020-05-12
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Regular Vetoes and Pocket Vetoes: In Brief [June 9, 2015]
"The veto power vested in the President by Article I, Section 7 of the Constitution has proven to be an effective tool in the executive branch's dealings with Congress. In order for a bill to become law, the President either signs the bill into law, or the President allows the bill to become law without signature after a 10-day period. Regular vetoes occur when the President refuses to sign a bill and returns the bill complete with objections to Congress within 10 days. Upon receipt of the rejected bill, Congress is able to begin the veto override process, which requires a two-thirds affirmative vote in both chambers in order for the bill to become law. Pocket vetoes occur when the President receives a bill but is unable to reject and return the bill to an adjourned Congress within the 10-day period. The bill, though lacking a signature and formal objections, does not become law. Pocket vetoes are not subject to the congressional veto override process."
Library of Congress. Congressional Research Service
Stuessy, Meghan M.
2015-06-09
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Proposals for a National Secure Data Service, in Context [August 5, 2021]
From the Document: "On June 28, 2021, the House passed H.R. 2225, the National Science Foundation for the Future Act [hyperlink], which would authorize appropriations and certain activities. One provision would establish a 'National Secure Data Service' (NSDS) demonstration project [hyperlink]. The proposal relates to a recommendation from an earlier Commission on Evidence-Based Policymaking (CEP) [hyperlink]. Among other things, CEP was charged [hyperlink] with considering [hyperlink] whether a federal government 'clearinghouse' for program and survey data should be established. CEP interpreted 'clearinghouse' [hyperlink] to mean 'a data storage facility that permanently stores records from multiple databases from multiple agencies and, therefore, grows with each new data linkage.' CEP rejected the clearinghouse model, however, citing [hyperlink] 'well-founded concerns about the potential privacy harm such a clearinghouse could raise.' Instead, it recommended [hyperlink] establishment of an NSDS, which would 'temporarily link existing data and provide secure access to those data for exclusively statistical purposes in connection with approved projects' and 'do this without creating a data clearinghouse or warehouse.' This Insight discusses NSDS proposals, related background, and potential issues for Congress."
Library of Congress. Congressional Research Service
Stuessy, Meghan M.; Brass, Clinton T.
2021-08-05
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The CASES Act: Implementation and Issues for Congress [July 8, 2022]
From the Document: The CASES [Creating Advanced Streamlined Electronic Services for Constituents] Act is intended to modernize and simplify what has been an inconsistent and variable process of obtaining an individual's written consent for information disclosure. The act would enable constituents to provide electronic authorization to additional parties, such as Members of Congress and their offices, to resolve constituent inquiries, compared to the current range of requirements for verbal or email authorizations, or 'wet' signatures. The Creating Advanced Streamlined Electronic Services for Constituents Act of 2019, or the CASES Act (P.L. [Public Law] 116-50), is designed to improve access to, and the efficiency of, government services and agencies for constituents by updating the casework process for an increasingly digital environment. Processing casework information often requires the disclosure of the constituent's individually identifiable information to a congressional office, and is subject to disclosure restrictions under the Privacy Act of 1974 (5 U.S.C. [United States Code] 552a). Generally, the Privacy Act prohibits disclosure of individually identifiable information by federal agencies to third parties, including congressional offices, without written consent."
Library of Congress. Congressional Research Service
Stuessy, Meghan M.; Petersen, R. Eric
2022-07-08
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