The Archives — America's historian

The daily goings-on in every White House since John Adams contribute to the legacy not only of this nation, but every American. Where does that paperwork go when a president leaves office? The National Archives and Records Administration.

Behind headlines keeping it in this unprecedented spotlight, the Archives quietly does the job Congress gave it in 1934: Keeping the nation’s history, guarding its safety under the law. By creating it, and subsequent laws such as the Presidential Records Act of 1978 (added after Nixon tried to destroy records), Congress set out to ensure that at the moment of creation, America’s historical record belongs to, and would be preserved for, the public rather than any individual.

A home for the pages of our ongoing story.

Even before the National Archives and Records Administration, our fledgling government held on to pieces of history dating back to 1775. Slave ship manifests and the Emancipation Proclamation. Treaties and letters to Washington or penned by Lincoln. Photographs of frontier farmers.

Today behind the marble façade of its building in downtown D.C. dozens of civil servants fastidiously and in carefully organized fashion work as final custodians of American history, cataloging and preserving national records from the mundane to the monumental. From even the simplest of emails, letters, and memos to national treasures such as the Constitution, Bill of Rights, and Declaration of Independence the laws governing the Archives state that all records created by a president, vice president, or other member of the executive branch acting in official capacity are preserved in a certain way and turned over to the Archives at the end of each administration.

Presidents and vice presidents are history makers, and we don’t always know what history will judge important tomorrow. “Official” capacity covers more communications than you’d think, as they’re effectively on duty nearly all the time. If one of them writes it down, it’s probably a record under the law.

A presidential record – which includes vice presidential records - is defined as:

“(D)ocumentary materials, or any reasonably segregable portion thereof, created or received by the President, the President’s immediate staff, or a unit or individual of the Executive Office of the President whose function is to advise and assist the President, in the course of conducting activities which relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President.” [44 U.S.C. § 2201(2)].

That includes about a dozen other offices in the executive branch. Once these records are created (or received), they belong to the people, via the federal government. At noon on Inauguration Day, their custody transfers from the previous administration to the Archivist.

All of them. No mementos allowed.

Record keeping sounds simple, but the volume makes it daunting. The collection exceeds 13 billion pages and 10 million maps, charts, and drawings, as well as tens of millions of photos and other images. As if that isn’t enough, the Archives oversees 13 presidential libraries and 14 regional archives across the country. The D.C. headquarters spans 2 million cubic feet.

Knowing what does and doesn’t count as “official” isn’t readily clear to White House residents and staff, so the National Archives also provides guidance and consultation. The law actually requires that even while in office, the president or any member of that administration or their staff must first get archivist’s written advice before destroying any record.

Yes, the records are technically ours. But before you make a FOIA request to see what a president does all day, consider timing. National security sets limitations. A president can request a small, set number remain restricted from public view (although Congress and other officials can request access). Records from an outgoing administration can also be shielded from public view for five years after an administration ends.

The head of this public organization is the Archivist of the United States, who is nominated by a serving president, typically easily confirmed by the Senate, and serves until retirement. The last was David Ferriero, who retired in April after serving 12 years under three administrations. His deputy, Debra Steidel Wall, is serving as the acting archivist while President Biden’s nominee, Colleen Joy Shogan, awaits confirmation. Shogan is an executive at the White House Historical Association who also worked at the Library of Congress.

To learn more see NARA’s Guidance on Presidential Records at archives.gov/files/guidance-on-presidential-records-from-the-national-archives-and-records-administration-2020.pdf

Sholeh Patrick, J.D. is a columnist for the Hagadone News Network. Email sholeh@cdapress.com.