36 CFR § 1250.6
Does the FOIA apply to all of the records at NARA?
November 4, 2020
No, the FOIA applies only to the records of the executive branch of the Federal Government and certain Presidential and Vice Presidential records:
Open Table
| If you want access to . . . | Then access is governed by . . . |
|---|---|
| (a) Records of executive branch agencies | This CFR part and parts 1254 through 1260 of this chapter. FOIA applies to these records. |
| (b) Records of the Federal courts and judicial branch agencies | Parts 1254 through 1260 of this chapter. FOIA does not apply to these records. |
| (c) Records of Congress and legislative branch agencies | Parts 1254 through 1260 of this chapter. FOIA does not apply to these records. |
| (d) Presidential records (created by Presidents and Vice Presidents holding office since 1981) | This part and parts 1254 through 1270 of this chapter. FOIA applies to these records five years after the President and Vice President leave office. |
| (e) Documents created by Presidents holding office before 1981 and housed in a NARA Presidential library | The deed of gift under which they were given to NARA. These documents are not agency records and FOIA does not apply to these materials. |
| (f) Nixon Presidential materials | Part 1275 of this chapter. FOIA does not apply to these materials. |
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