National Archives and Presidential Records

The National Archives and Records Administration (NARA) is the independent federal agency responsible for preserving the nation's most important documents — from the Constitution and Declaration of Independence to the records of every federal agency, Congress, and the presidency. Federal law establishes NARA's structure, the Archivist's authority, and the critical framework for Presidential Records that determines what happens to a president's papers when they leave office.

Current Law (2026)

Legal Authority

• 44 U.S.C. § 2102 — Establishment (creates NARA as an independent establishment in the executive branch, administered by the Archivist)
• 44 U.S.C. § 2103 — Officers (the Archivist is appointed by the President with Senate confirmation, without regard to political affiliations, solely based on professional qualifications)
• 44 U.S.C. § 2107 — Acceptance of records for historical preservation (authorizes the Archivist to accept records from federal agencies, Congress, the Architect of the Capitol, and the Supreme Court when the public interest requires)
• 44 U.S.C. § 2108 — Custody, use, and withdrawal (the Archivist is responsible for custody of transferred records; statutory access restrictions travel with the records)
• 44 U.S.C. § 2109 — Preservation and exhibition (directs the Archivist to preserve, arrange, repair, duplicate, describe, and exhibit records and documentary material)
• 44 U.S.C. § 2111 — Material accepted for deposit (authorizes acceptance of papers of Presidents, former Presidents, and other officials; personal papers; and documentary materials of organizations and individuals of historical significance)
• 44 U.S.C. § 2114 — Audio and visual records (authorizes preservation of motion pictures, photographs, sound recordings, and other media in any format)
• 44 U.S.C. § 2118 — Records of Congress (directs the Secretary of the Senate and Clerk of the House to transfer noncurrent congressional records to NARA at the close of each Congress)
• 44 U.S.C. § 2201 — Presidential records definitions (defines "documentary material" broadly: books, correspondence, memoranda, documents, papers, photographs, films, and all other materials regardless of physical form)
• 44 U.S.C. § 2202 — Ownership of Presidential records (the United States reserves complete ownership, possession, and control of Presidential records)
• 44 U.S.C. § 2203 — Management and custody (the President must take steps to ensure Presidential records are properly managed; custody transfers to the Archivist when the President leaves office)

How It Works

NARA occupies a unique position in the federal government as the custodian of national memory. The Archivist's appointment — specifically required to be non-political and based solely on professional qualifications — reflects the critical importance of keeping historical records above partisan considerations.

The Presidential Records Act (PRA), enacted after Watergate-era controversies about Nixon's papers, established that Presidential records are the property of the United States, not the personal property of the President. This was a fundamental shift. Before the PRA, presidents owned their papers and could destroy, restrict, or sell them at will. Under current law, the President must manage records during their term, and custody automatically transfers to the Archivist when the President leaves office. After a restricted period, Presidential records become available to the public under FOIA-like access provisions.

Presidential libraries — from Hoover through the present — are operated by NARA as "Presidential archival depositories." These institutions house not just papers and documents but also artifacts, gifts, and audiovisual materials. The Archivist accepts these materials and ensures their preservation and eventual public accessibility.

For federal agencies, NARA serves as the ultimate repository for records of enduring historical value. The Archivist determines which records warrant permanent preservation and accepts them from agencies when they're no longer needed for active business. This includes everything from policy deliberations to personnel records to scientific data.

Congressional records follow their own path: at the close of each Congress, the Secretary of the Senate and Clerk of the House transfer noncurrent records to NARA. This preserves the documentary record of legislative deliberations, committee proceedings, and congressional operations.

NARA's role complements the broader federal records management framework that governs how agencies create, maintain, and dispose of records during their active lifecycle. NARA's preservation mandate is technology-neutral — the law authorizes preservation of records "in analog, digital, or any other form." This flexibility is increasingly important as government records are overwhelmingly born-digital, requiring different preservation strategies than paper documents.

How It Affects You

State Variations

Implementing Regulations

• 36 CFR Parts 1220–1239 — Federal records management (creation, maintenance, disposition of federal records)

• 36 CFR Part 1270 — Presidential records (access procedures, restrictions, mandatory declassification review)

• 36 CFR Part 1290 — Guidance for Interpretation and Implementation of the JFK Assassination Records Collection Act of 1992: NARA regulations defining the scope of "assassination records" and implementation procedures for the President John F. Kennedy Assassination Records Collection Act of 1992 (JFK Act, 44 U.S.C. § 2107 note). Key provisions:

  • § 1290.1 — Scope of assassination record: an assassination record is any record, public or private, regardless of how labeled or identified, that documents, describes, reports on, analyzes, or interprets activities, persons, or events reasonably related to the assassination of President Kennedy or the investigation thereof; the definition is deliberately expansive — "reasonably related" is interpreted broadly to include not just direct assassination evidence but also records about the political environment, Cuban operations, Oswald background, and conspiracy investigations
  • § 1290.2 — Additional records and information: includes documents used by government offices during declassification review of assassination records, plus all other documents, indices, and other materials the Assassination Records Review Board (ARRB) determined were necessary to carry out the JFK Act's purposes; ARRB-designated "additional records" receive the same disclosure rules as assassination records proper
  • § 1290.3 — Sources: assassination records may be located at or under the control of agencies, offices, and entities of all three branches of government, as well as foreign governments, private organizations, and individuals; the reach of the JFK Act is intentionally broad — it covers not just federal agency files but any records held anywhere that fall within the definition
  • § 1290.4 — Types of materials: the term "record" includes papers, maps, photographs, films, sound recordings, electronic data, and any other documentary material regardless of form; handwritten notes, informal memoranda, and draft documents are within scope if they meet the substantive definition
  • § 1290.5 — Release in entirety: an assassination record must be released in its entirety except for portions specifically postponed under the statutory grounds for postponement (privacy, national security, foreign relations, law enforcement); the default is full disclosure — agencies cannot withhold entire documents based on a single sensitive passage, only the specific exempt portion
  • § 1290.8 — Notice of Assassination Record Designation: the NARD (Notice of Assassination Record Designation) was the mechanism by which the ARRB (which operated 1994–1998) publicly announced its determinations; NARDs remain in the administrative record and define which records are subject to the JFK Act's mandatory disclosure deadlines

  The JFK Act required that all assassination records be publicly released by October 26, 2017 — 25 years after enactment — with limited presidential authority to postpone release further. Presidents Trump (2017), Biden (2021–2022), and Trump again (2025) each exercised postponement authority, citing national security and law enforcement concerns from the CIA and FBI. As of 2026, approximately 3,000+ documents remain fully or partially withheld. The Trump administration in 2025 ordered a comprehensive release, but some records remained redacted following agency review. The JFK assassination records are housed in a dedicated collection at the National Archives (archives.gov/research/jfk) — the largest single-subject presidential records collection NARA maintains.

• 36 CFR Part 1206 — National Historical Publications and Records Commission (NHPRC) Grants Program (the implementing regulations for NARA's grant-making arm — the NHPRC — which funds the preservation and publication of historical records and documentary editions of American history):

  • § 1206.1 — Scope: Part 1206 governs NHPRC's grant application, review, award, and oversight procedures; the Commission awards grants to universities, libraries, historical societies, state archives, and other eligible organizations for projects involving the publication and preservation of historical documentary materials; NHPRC is one of the longest-operating federal humanities funders, established by 44 U.S.C. § 2506 and operating since 1950
  • § 1206.20 — Publications grants: support for documentary editing projects that collect, transcribe, annotate, and publish the papers of historically significant individuals and organizations; past NHPRC-funded documentary editions include the Papers of the Founders (Adams Papers, Jefferson Papers, Madison Papers, Hamilton Papers, Washington Papers), the Papers of Lincoln, the Papers of Frederick Douglass, and the Papers of Eleanor Roosevelt; the multi-volume Founders' collections published by university presses are the principal output of this grant category — editors at universities like Yale, Princeton, and University of Virginia spend decades under NHPRC grants producing these authoritative scholarly editions; § 1206.22 requires that proposals demonstrate how the project will make records "widely available" — online publication increasingly satisfies this requirement
  • § 1206.30 — Archival projects grants: support for preserving historical records held by state and local archives, historical societies, libraries, and tribal organizations; funded activities include processing (arranging and describing collections to make them accessible), conservation treatment (repairing or stabilizing damaged documents), digitization, and finding aid creation; § 1206.32 specifies eligible projects: records must be of "national significance" or of "substantial importance" to the history of a U.S. geographic area, ethnic or social group, profession, or topic area; state archival programs have used NHPRC grants to process millions of cubic feet of county court records, church records, labor union archives, and business collections that would otherwise remain inaccessible
  • § 1206.11 — Application process: applicants submit through Grants.gov; applications must include a project description, statement of historical significance, timeline, budget, and evidence of institutional capacity to carry out the work; NHPRC typically announces grant cycles annually and funds 30-60 grants per year across both grant categories; total annual grantmaking runs approximately $5-7 million — NHPRC is small relative to NEH and NEA but highly focused on primary source access
  • § 1206.12 — Grantee obligations: grant recipients must comply with federal grants administration requirements under 2 CFR Part 200 (Uniform Grant Guidance) — including financial management, procurement, property management, and reporting; NHPRC requires progress reports and final reports documenting the project's accomplishments against the funded scope; digitized materials produced under grants must be freely available online and deposited in NARA's National Digital Archives or a comparable institutional repository

  The NHPRC is NARA's outward-facing grant program, connecting the federal archival mission to the research and preservation work done by hundreds of institutions across the country. Without NHPRC, the documentary editing projects that produced the scholarly editions of the Founders' papers — the most authoritative sources for constitutional history — would largely not exist; most university presses cannot fund multi-decade scholarly projects without the long-term grant support NHPRC provides. For state and local archival institutions, NHPRC grants are often the only federal funding available for processing backlogs of unprocessed collections. The Commission includes members from outside NARA — historians, archivists, state archivists, and public members appointed by the President — giving it an independent advisory role alongside its grant-making function.

• 36 CFR Part 1260 — Declassification of National Security Information: NARA's regulations governing how classified national security information in NARA's holdings is reviewed for declassification — covering the National Declassification Center (NDC), the responsibility allocation among originating agencies, and the special procedures for nuclear and intelligence records. Part 1260 implements Executive Order 13526 (the current classification executive order) and the Presidential Records Act as applied to classified presidential materials transferred to NARA. Key provisions:

  • § 1260.20 — Originating agency responsibility: when a federal agency has accessioned classified records to NARA, the agency that originally created or classified the records remains responsible for reviewing them for declassification — NARA is the custodian but not the declassification authority; NARA coordinates with originating agencies to process records under E.O. 13526's automatic declassification timelines (25-year, 50-year, and 75-year thresholds)
  • § 1260.22 — White House materials: NARA itself is responsible for declassifying classified materials originated by the President, Vice President, and NSC staff from previous administrations; these records — including classified NSC meeting minutes, presidential decision directives, and classified presidential correspondence — are reviewed by NARA's declassification staff using classification guidance provided by the current intelligence community
  • § 1260.24 — Foreign government information: records originating from foreign governments (liaison materials, intelligence sharing, diplomatic cables marked classified by allied governments) are the responsibility of the receiving U.S. agency to declassify, not NARA; when an agency is defunct, NARA assumes responsibility; declassifying foreign-originated information requires coordination with the source government under diplomatic protocols
  • § 1260.26 — Intelligence and cryptologic records: the Director of National Intelligence (DNI) issues special declassification procedures for records pertaining to intelligence activities, sources, and methods, and for classified cryptologic records; these procedures supplement — and may override — the standard E.O. 13526 automatic declassification timelines; CIA, NSA, and other IC elements have historically used this authority to delay automatic declassification of records beyond the standard 25-year mark
  • § 1260.28 — Restricted Data and nuclear information: classified nuclear information (Restricted Data and Formerly Restricted Data under the Atomic Energy Act) may only be declassified by designated DOE officials — not by originating agencies or NARA; the AEA's category of "born classified" nuclear information operates completely separately from E.O. 13526; Transclassified Foreign Nuclear Information (TFNI) — foreign government nuclear information that the U.S. has classified at the Restricted Data level — is handled by DOE and the originating agency jointly
  • §§ 1260.30–1260.40 — National Declassification Center (NDC): the NDC was established by E.O. 13526 within NARA to streamline the massive backlog of classified federal records awaiting declassification review — primarily World War II, Korean War, and Vietnam War-era records that agencies had not reviewed despite the passage of 25 to 75 years since creation; the NDC operates an Interagency Referral Center (IRC) to process records that have been reviewed by one agency but contain classified information originating with another agency (requiring referral back to the originating agency for release authorization); agency heads must provide the NDC with current declassification guidelines and assign staff to support NDC operations; the NDC maintains quality-assurance sampling of declassification reviews to ensure consistency; it coordinates with the Interagency Security Classification Appeals Panel (ISCAP) for records where agencies disagree about declassification

  NARA's declassification responsibilities extend to the entire federal records legacy — every classified record transferred to NARA from defunct agencies, every classified presidential record from administrations going back to FDR, and every classified record in the accessioned holdings of agencies from State to Defense to Treasury. The NDC was created specifically because the backlog had become unmanageable: by 2010, hundreds of millions of pages of decades-old classified records remained unreviewed despite automatic declassification deadlines. The NDC's interagency coordination function is critical because many records require sign-off from multiple agencies before release — a 1952 CIA cable shared with the State Department requires both CIA and State to review before NARA can release it. For researchers, the NDC's referral processing status determines when records become available — backlogs in specific agency queues (particularly CIA and NSA) directly affect access timelines at the National Archives research rooms. Recent rulemakings: Part 1260 was substantially revised when E.O. 13526 was issued by President Obama in December 2009, replacing Reagan-era E.O. 12356 and Bush-era E.O. 13292; the current Part 1260 reflects the E.O. 13526 framework and the NDC's establishment.

• 36 CFR Part 1256 — Access to Records and Donated Historical Materials: NARA's regulations governing how researchers and members of the public access federal archival records held in NARA's custody, including federal records accessioned from executive branch agencies, donated historical materials (private papers donated to Presidential libraries and regional archives), and USIA audiovisual records transferred to the National Archives. Key provisions:

  • § 1256.20 — Open records: most Federal archival records are open for research without submitting a FOIA request; Part 1254 (research room rules) specifies the procedures for in-person research; records in Federal Records Centers (active agency storage) are accessible only through the originating agency — researchers must contact the creating agency, not NARA, to request access to agency records that haven't yet been transferred to the archives
  • § 1256.22 — Restricted records: some archival records are restricted and require either a FOIA request or a mandatory declassification review (MDR) request; NARA processes FOIA requests for its archival holdings using the same nine FOIA exemptions as other agencies, but applies them in the context of historical records that may be decades old; as records age, most FOIA exemptions become harder to sustain — a document withheld for law enforcement reasons in 1970 may be releasable by 2000
  • § 1256.24 — Long-term closures: some archival records remain closed for very long periods — classified information under general restrictions (§ 1256.46), privacy-restricted information about living individuals (§ 1256.56), and information exempt from disclosure by statute (§ 1256.50, covering tax returns, grand jury materials, and similar statute-specific exemptions); records containing information the originating agency marked as restricted remain closed until the originating agency authorizes release or the restriction expires
  • § 1256.28 — Privacy exceptions: NARA may provide access to privacy-restricted archival records (medical records, personnel files, information on living individuals) to the subject of the record or with the subject's written authorization; scholars and researchers may apply for special access to privacy-restricted records by demonstrating research value and agreeing to protect individual identities
  • §§ 1256.30–1256.36 — Donated historical materials: private papers donated to Presidential libraries and regional archives by individuals, organizations, and estates are subject to the conditions in the deed of gift — donors may restrict access to specific categories, impose time delays, or require prior review of publications citing the materials; NARA cannot release donated materials in violation of the deed of gift, even after the donor's death; researchers must apply to the Presidential library director or regional archives director for access to restricted donated materials
  • §§ 1256.46–1256.62 — General restrictions: NARA has authority to impose "general restrictions" — government-wide restrictions that apply regardless of which agency created the records — covering national security classified information, internal agency rules (FOIA Exemption 2), statute-exempt information (Exemption 3), trade secrets (Exemption 4), deliberative process and attorney-client privilege (Exemption 5), personal privacy (Exemption 6), law enforcement records (Exemption 7), financial institution records (Exemption 8), and geological information (Exemption 9)
  • §§ 1256.90–1256.102 — USIA audiovisual records: USIA (United States Information Agency, which handled Cold War public diplomacy, dissolved 1999) transferred its film, video, and audio archive to NARA; Congress imposed a special rule on USIA materials: they cannot be disseminated domestically for 12 years after their creation (because USIA content was produced for foreign audiences and U.S. law generally bars the government from propagandizing its own citizens); after 12 years, USIA audiovisual records become accessible like other archival records; the restriction has largely expired for pre-1987 materials

  No major recent rulemakings — Part 1256 was comprehensively revised in the early 2000s when the question-and-answer format was adopted (the "§ 1256.1 — What does this part cover?" style reflects a 2001 NARA regulatory plain-language initiative). The practical application of Part 1256 is most commonly encountered by genealogical researchers (accessing military records, immigration records, and census records) and by historians and journalists researching federal agency history.

• 36 CFR Part 1254 — Using Records and Donated Historical Materials (Research Room Procedures): the companion regulation to Part 1256, governing the physical and procedural rules that apply once a researcher arrives at a NARA research facility to examine records. Part 1254 covers researcher identification cards, research room conduct, document handling, and copying and microfilming rules. Key provisions:

  • § 1254.1 — What materials are available: NARA's archival holdings span all three branches of the federal government — executive agency records, records of Congress, and records of federal courts; Part 1254 applies to records at the National Archives Building (Washington, DC), the National Archives at College Park (Maryland), NARA's 13 regional archives, and Presidential libraries
  • § 1254.4 — Access locations and hours: researchers may access records at NARA research rooms during published hours; the NARA website (archives.gov) lists locations and current hours; researchers should contact facilities in advance to confirm availability of specific record groups
  • § 1254.8 — Researcher identification card: every researcher must obtain a NARA researcher identification card before examining original documents; obtaining a card requires presenting government-issued photo identification; § 1254.10 — cards are valid for 1 year and are valid at all NARA facilities (not just the issuing location); renewal requires re-registration
  • § 1254.20 — Research room rules: researchers may use original documents only in designated research rooms; documents may not be removed from the research room; NARA staff must be present whenever original documents are in use
  • §§ 1254.26–1254.28 — Permitted and prohibited items: researchers may bring pencils, laptops, cameras, and scanners into research rooms (subject to equipment logging at § 1254.12); overcoats, outerwear, personal paper copiers, and ink pens are prohibited; NARA furnishes pencils and special notepaper without charge
  • §§ 1254.34–1254.40 — Document handling and care: researchers must sign for documents received, keep unbound documents in order, use only pencils, not trace over documents, and handle fragile materials according to NARA staff instructions; removing, mutilating, or altering documents is a federal crime under 18 U.S.C. § 2071
  • §§ 1254.60–1254.80 — Self-service copying: researchers may photograph records with personal cameras and scanners subject to NARA equipment standards; flash photography, tripods, and equipment that risks document damage are prohibited; NARA also provides fee-based reproduction services for researchers who cannot self-copy
  • §§ 1254.90–1254.110 — Microfilming by outside contractors: organizations (genealogical societies, publishers, documentary projects) may apply to NARA to microfilm record groups for preservation or publication purposes; NARA evaluates whether the project would further NARA's preservation and access mission; § 1254.104 governs fees for document preparation work required before microfilming
  • § 1254.48 — Revocation of research privileges: NARA may deny or revoke a researcher's access if they refuse to comply with research room rules, damage or attempt to remove documents, or engage in disruptive conduct; revocation may be temporary or permanent depending on the violation

  Parts 1254 and 1256 work together as the complete public-access framework for NARA's archival holdings: Part 1256 defines which records are accessible and under what legal conditions, while Part 1254 specifies the physical procedures for using them. For most researchers — historians, genealogists, journalists, lawyers accessing federal court records, and policy researchers — Part 1254's research room rules are the practical regulations they encounter. The researcher card requirement applies equally at the main National Archives facilities in the Washington area and at all 13 regional archives locations.

Pending Legislation

• S 3226 — Create National Archives Collection and Review Board for military/civilian personnel records. Status: Introduced.
• HR 7220 — Create COINTELPRO Records Collection with independent Review Board. Status: Introduced.

Recent Developments

• DOJ opinion declaring PRA unconstitutional (April 2026): The Trump administration's DOJ Office of Legal Counsel issued an opinion concluding that the Presidential Records Act's requirement for presidents to preserve records and transfer them to the National Archives at the end of their term is unconstitutional — arguing that the PRA violates the separation of powers and presidential privilege. The opinion represents the most sweeping challenge to the PRA since its enactment in 1978. Critics noted the opinion could provide legal cover for any president to destroy or withhold official records. Legal scholars across the political spectrum challenged the analysis; congressional Democrats demanded the opinion be withdrawn. NARA's authority over records from future administrations is now legally uncertain.
• Signal use and federal records: The Trump administration's use of the commercial messaging app Signal for high-level national security discussions — revealed publicly when a journalist was accidentally added to a sensitive group chat in early 2025 — raised questions about federal records law compliance. The Federal Records Act and PRA require official communications to be preserved; using apps with disappearing messages potentially violates both. NARA issued guidance clarifying that Signal messages about government business are federal records and must be preserved, but enforcement of records law against executive branch officials is practically difficult.
• Trump documents case concluded: The criminal case against former President Trump for retaining classified documents at Mar-a-Lago (separate from the Biden classified documents matter) was dismissed by Judge Aileen Cannon in July 2024 on the grounds that Special Counsel Jack Smith's appointment was unconstitutional. After Trump won the 2024 presidential election, Smith dropped the government's appeal — applying the DOJ policy against prosecuting a sitting president. NARA had previously received tens of thousands of pages of records back under a 2022 settlement. The case highlighted the practical limitations of PRA and classified records law enforcement against former and current presidents.
• NARA digital preservation challenges: NARA continues to face significant challenges modernizing its digital preservation infrastructure to capture the explosive growth of born-digital government records — emails, messaging apps, social media, databases, video conferences, AI-generated documents. Its legacy systems are not designed for the current volume and variety of digital records.