36 CFR 1250.6 - Does the FOIA apply to all of the records at NARA?

Regulations last checked for updates: Feb 16, 2025

Title 36 - Parks, Forests, and Public Property last revised: Feb 13, 2025

§ 1250.6 - Does the FOIA apply to all of the records at NARA?

No, the FOIA applies only to the records of the executive branch of the Federal Government and certain Presidential and Vice Presidential records:

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.

authority: 44 U.S.C. 2104(a) and 2204 (3)(c)(1); 5 U.S.C. 552; Public Law 114-185; E.O. 13526; E.O. 12600; 52 FR 23781; 3 CFR, 1987 Comp., p. 235

source: 79 FR 56504, Sept. 22, 2014, unless otherwise noted.

cite as: 36 CFR 1250.6