For decades, the issue of classified documents being inadvertently removed during Presidential transitions has persisted across both Republican and Democratic administrations. In response to recent discoveries of such documents in unsecured locations, President Biden established the Presidential Records Transition Task Force in February 2024. The task force was charged with evaluating current practices and offering recommendations for processing sensitive documents and Presidential records, including classified materials.
The task force is composed of various federal agencies and White House components involved in Presidential transitions. These include the General Services Administration, the National Archives and Records Administration, and the Office of the Director of National Intelligence. It also includes offices within the Executive Office of the President such as the White House Counsel’s Office, the Office of Management and Budget, and others.
The task force's mandate included studying previous transitions to recommend best practices, providing guidance and training for staff involved in these transitions, evaluating authorities for reform, and proposing improvements to safeguard classified documents during transitions.
To fulfill its objectives, four working groups were created: policy and legislation; classified records; logistics and administration; and post-transition management. Each group evaluated current practices related to their focus area before making recommendations.
The task force proposed three main recommendations: improving guidance materials for outgoing administrations during transitions; conducting better training on handling classified records according to the Presidential Records Act; and urging Congress to allocate resources for secure handling of sensitive materials in post-transition spaces.
The task force noted that "the inadvertent retention of classified materials is most likely to occur during an outgoing transition," due to departing employees' responsibilities. It recommends providing educational materials throughout this process so staff understand their obligations under the Presidential Records Act regarding classified information.
As part of implementing these recommendations during the Biden-Harris Administration transition, updated documentation was provided on handling both classified and unclassified records. Staff with security clearances received instructions on transferring classified materials for preservation.
Additionally, guidance was given on steps to take if sensitive materials are discovered after a transition. The Executive Office of the President is advised to incorporate guidance related to proper record handling into regular briefings on classified materials.
Finally, recognizing a gap in funding for secure spaces where former Presidents can review their records as entitled by law (44 U.S.C. § 2205(3)), it is recommended that Congress provide additional resources for secure storage facilities post-transition.
