GUIDANCE ON

PRESIDENTIAL 

RECORDS

from the National Archives and Records Administration

GUIDANCE ON

PRESIDENTIAL 

RECORDS

from the National Archives and Records Administration
Front cover image: Pete Souza, Official White House Photo
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The National Archives and Records Administration (NARA) 

has long had a special relationship with the incoming Presidential Administration, including providing archival and records 

management guidance and support to the White House upon 

request. This relationship continues throughout the Administration, until the Presidential records are transferred into the 

National Archives for permanent preservation in our President 

Library system. 

As a member of the President’s White House staff, you will be creating Presidential records governed by the Presidential Records 

Act of 1978. The PRA places a number of recordkeeping requirements and responsibilities on the President and his staff for maintaining, preserving, and disposing of Presidential records. The 

information in this guidance will help you to carry out your dayto-day responsibilities, as well as to correctly fulfill obligations 

mandated by the PRA and to ensure that posterity has a full documentation of your Presidential Administration. This guidance 

also illustrates how NARA can assist the President and the White 

House staff in a variety of ways to fully document this Presidential Administration’s unique history.

I would like to welcome you on behalf of NARA as you begin a 

new Presidential Administration. We hope this guidance serves as 

a starting point for a long and productive relationship between 

the National Archives and the White House, and we look forward 

to working with you.

DAVID S. FERRIERO

Archivist of the United States 

from the Archivist

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Overview

The Presidential Records Act (PRA) of 1978, as 

amended, 44 U.S.C. §§ 2201-2209, governs the official records of Presidents and Vice Presidents created on or received after January 20, 1981. The PRA 

changed the legal ownership of the official records 

of the President from private to public. 

The PRA established a new statutory structure 

under which Presidents must manage their records. 

The Presidential Records Act: 

•	 Defines and states public ownership of the 

records;

•	 Places the responsibility for the custody 

and management of incumbent Presidential records with the President;

•	 Allows the incumbent President to dispose 

of records that no longer have administrative, historical, informational, or evidentiary value, once he has obtained the 

written views of the Archivist of the United 

States on the proposed disposal;

•	 Requires that the President and his staff take 

all practical steps to file personal records 

separately from Presidential records;

•	 Establishes a process for public access to and 

restriction of Presidential records. Specifically, 

the PRA allows for public access to Presidential records, including through the Freedom of 

Information Act (FOIA), beginning five years 

after the end of the Administration, but allows 

the President to invoke as many as six specific 

restrictions to public access for up to twelve 

years. The PRA also establishes procedures for 

Congress, courts, and subsequent Administrations to obtain “special” access to records that 

remain closed to the public. (A chart describing these access provisions and restrictions is 

attached.) The procedures for privilege review 

by the incumbent and former Presidents are 

established by the PRA, Executive order 13489 

and NARA’s regulations;

•	 Requires that Vice Presidential records are to be 

treated in the same way as Presidential records. 

Presidential records are defined as:

“documentary 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)]. 

These records can be in any media, including textual, audiovisual, and electronic.

Personal records are defined as: 

“documentary materials or any reasonably 

segregable portion thereof, of a purely private 

or nonpublic character, which do not relate to 

or have an effect upon the carrying out of the 

constitutional, statutory, or other official or 

ceremonial duties of the President” and which 

include “diaries, journals, or other personal 

How the Presidential Records Act Affects the President, Vice 

President, and White House Staff During the Administration

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notes serving as the functional equivalent of 

a diary or journal which are not prepared or 

utilized for, or circulated or communicated 

in the course of, transacting Government 

business,” “private political associations” and 

“materials relating exclusively to the President’s own election to the office of the Presidency” [44 U.S.C. § 2201(3)].

Personal records remain the personal property of 

the President or the record creator.

Records created by the President-elect and 

his transition team are also considered personal records. To the extent that these records 

are received and used after the inauguration 

by the incoming Presidential Administration, they may become Presidential or Federal 

records. Former Presidents have traditionally 

donated these personal transition records to 

the National Archives and Records Administration for deposit in their Presidential Library.

Who creates Presidential records?

The PRA applies to records created by components of the Executive Office of the President 

(EOP) that solely advise and assist the President. 

These components are not covered by the Federal 

Records Act. Even within the EOP, some components generate Federal records, while others 

generate Presidential records. Among the components of the Executive Office of the President 

that create Presidential records are:

•	 The White House Office

•	 The Office of the Vice President

•	 The Office of Policy Development

•	 The Council of Economic Advisors

•	 The National Security Council

•	 The President’s Foreign Intelligence Advisory Board 

•	 The President’s Intelligence Oversight Board

•	 The National Economic Council

•	 The Office of Administration 

Other EOP components generate Federal records 

that are governed by the Federal Records Act. 

Among the EOP offices that generate Federal 

records are:

•	 The Office of Management and Budget

•	 The Office of the United States Trade Representative

•	 The Council on Environmental Quality

•	 The Office of Science and Technology Policy

•	 The Office of National Drug Control Policy

NARA also works with those offices that create Federal records to ensure their proper maintenance and preservation. More information on 

managing Federal records can be found at NARA’s 

web site www.archives.gov/records-mgmt.

Records management requirements 

The Presidential Records Act gives records management authority for incumbent Presidential records 

to the President, and states that personal records 

should be kept separate upon their creation or 

receipt from the Presidential record files [44 U.S.C. 

§ 2203(b)]. The Office of the White House Counsel 

generally provides PRA policy guidance. Although 

NARA has limited records management authority over incumbent Presidential records, NARA 

routinely provides records management guidance 

based on its institutional knowledge and expertise 

to the incumbent Administration upon request. 

White House staff responsible for maintaining file 

systems must be trained to keep personal records 

separate from Presidential records at the point of 

creation. Once items have been mixed, it becomes 
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difficult to determine record status. Since the President has the discretion to determine what is personal material, this determination should be made 

during the incumbent’s term of office rather than 

after the records are transferred to NARA. 

Disposal authority

The PRA states that the incumbent President must 

obtain the views in writing of the Archivist before 

disposing of any Presidential records. This authority is routinely used to dispose of the extremely 

large volumes of public mail that the President 

and Vice President receive on a daily basis. Under 

certain circumstances, the Archivist must inform 

Congress of the proposed disposal. In these cases, 

the President must wait at least sixty legislative 

days before disposing of them. After the President’s term, the Archivist has authority to dispose 

of Presidential records, following a public notice 

and comment period [44 U.S.C. 2203(c)-(f)].

Notice and review before opening or 

accessing records of former Presidents 

NARA notifies the White House Counsel’s Office 

of requests for records of former Presidents (1) 

that are not currently opened to the public or are 

being requested under one of the categories of 

exceptions to restrictions provided by the Presidential Records Act (“special access requests”) 

and (2) that are being proposed for opening to the 

public. NARA also notifies the representatives of 

the former President and Vice President who created these records. 

The notification procedures for public release are 

found at 44 U.S.C. § 2208 and described in NARA’s 

implementing regulations (36 CFR Part 1270). 

Notification procedures for special access requests 

are outlined in Executive Order 13489 and in 36 

CFR Part 1270. The purpose of the notification is 

to give Counsel, on behalf of the incumbent President, the right to assert applicable constitutionally 

based privileges to prohibit access to or release of 

Presidential or Vice Presidential records. Although 

these records were created by a prior President, the 

incumbent President may believe that it is appropriate to assert Executive Privilege to bar the release 

of these records.

How the National Archives and Records 

Administration Implements the PRA

NARA reviews disposal requests 

of the incumbent President

The Archivist must provide his views in writing before the President and Vice President may 

dispose of any incumbent Presidential records. 

Because Presidential records document the highest level of activities in the Government, the PRA 

establishes a presumption that such records will 

be preserved permanently for eventual public 

access. As Presidential records increase in volume 

across all media and formats, however, certain 

types of administrative or high-volume records 

may be appropriate for disposal. 

Under the PRA, the Archivist may state that he 

does not intend to take any action under subsec6
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tion (e) of section 2203 [requesting the advice of 

Congress] or he must “request the advice of [the 

appropriate House and Senate Committees]...

whenever he considers that (1) these particular 

records may be of special interest to the Congress; 

or (2) consultation with the Congress regarding 

the disposal of these particular records is in the 

public interest.” Neither “special interest” nor 

“public interest” is further defined. There is no 

public notice or judicial review of an incumbent 

disposal request by the President. 

Presidents Reagan, George H.W. Bush, Clinton, George W. Bush, and Obama, and their Vice 

Presidents, have used this authority to dispose of 

incoming bulk mail. Bulk mail is defined as certain categories of routine and high-volume public mail including anonymous correspondence, 

correspondence with incomplete addresses, mail 

from prolific writers, and public opinion mail. 

Bulk mail also includes enclosures in public mail, 

such as brochures and clippings, when there is no 

historical importance to the materials. The bulk 

mail disposal program has been instituted with 

the assistance of NARA’s Presidential Materials 

Division. Staff sample the mail on a routine basis, 

and retain a small selected sample for permanent 

preservation. This program has resulted in the 

disposal of a large amount of Presidential records 

that have very little value. 

With the tremendous increase in the use of electronic systems to create records, NARA worked 

collaboratively with the George W. Bush and 

Obama Administrations to also authorize the 

disposal of bulk electronic records and certain 

low-level administrative files. NARA believes that 

additional disposal authority may be appropriate 

in other circumstances, including when records 

may exist in more than one media, or when there 

are electronic copies of records that are maintained in either an electronic or paper recordkeeping system. 

NARA takes legal custody of records at 

the end of the President’s term

On January 20th at the end of the President’s final 

term, the Presidential records of the Administration are automatically transferred to the legal custody of the Archivist of the United States and the 

National Archives and Records Administration. 

The records are eventually housed in a Presidential Library maintained by NARA. The National 

Archives and Records Administration preserves, 

reviews, arranges, describes, and makes available 

these records in its role as legal custodian. 

NARA notifies current and former Presidents 

of both requests for and proposed disclosure of 

records of former Presidents

NARA is responsible for providing notice to the 

incumbent and former Presidents before any 

outside access to the former President’s records 

can be provided. NARA also provides a copy 

of the notice to the Office of Legal Counsel in 

the Department of Justice. The procedures for 

privilege review by the incumbent and former 

Presidents are established by 44 U.S.C. § 2208, 

Executive order 13489 and NARA’s regulations. 

NARA disposes of Presidential records 

after the end of the Administration

44 U.S.C. 2203(f)(3) authorizes the Archivist 

of the United States to dispose of those records 

which he has appraised and determined to have 

insufficient administrative, historical, informational, or evidentiary value, following publication of a notice of the proposed disposal in the 

Federal Register. This action is subject to judicial 

review.
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Critical Steps for the Incoming President and Administration

Provide a briefing for White House staff 

members on their responsibilities 

under the PRA

At the start of a new Administration, NARA 

recommends that White House Counsel provide the President’s staff with guidance on the 

Presidential Records Act and its applicability to 

everyday work. Previous Presidential Administrations have provided this type of guidance and 

it has proved to be very helpful. NARA is able 

to assist with the drafting of this guidance and 

can assist with any briefings as well. Such briefings should include a summary of PRA requirements, an outline of the types of records covered 

by the Act, a listing of units in the EOP covered 

by the Act, instructions for maintaining Presidential records, and guidance for departing staff 

members. 

Designate the President’s and Vice 

President’s personal representatives 

in case of death or disability

44 U.S.C. § 2204 (d) states that “upon the death 

or disability of a President or former President, 

any discretion or authority the President or former President may have had under this chapter shall be exercised by the Archivist unless 

otherwise previously provided by the President or former President in a written notice to 

the Archivist.” Unless the President designates a 

representative, any authority with regard to the 

President’s or former President’s records would 

be exercised by the Archivist of the United States 

in the event of the President’s death or disability. 

This also applies to the Vice President. Former 

Presidents and Vice Presidents have usually designated their representatives within the first year 

of their Administrations. NARA recommends 

that the President and Vice President designate 

their representative or representatives as early as 

possible at the beginning of the Administration. 

The representatives can play a valuable role in 

interacting with NARA on a variety of records 

issues during the Administration. After the end 

of the Administration, these representatives 

serve as liaisons with NARA in reviewing access 

requests and public openings. (A sample letter 

designating representatives is attached.)

Consider whether to apply the 

PRA restrictive categories 

It is important that the President consider and 

decide whether to apply the six restrictive categories of the Presidential Records Act early in 

the Administration, because this action must 

be taken before the end of the Administration. 

(“Prior to the conclusion of a President’s term 

of office or last consecutive term of office, as the 

case may be, the President shall specify durations, not to exceed 12 years, for which access 

shall be restricted with respect to information, 

in a Presidential record” [44 U.S.C. § 2204(a)]. 

The Vice President must also apply these restrictions before the conclusion of the term of office. 

These restrictions expire twelve years after the 

President leaves office. NARA recommends that 

the President and Vice President consider the 

Presidential restrictions and decide whether 

they need to invoke these additional restrictions in addition to the eight applicable FOIA 

exemptions (the PRA specifically exempts Presidential records from FOIA exemption (b)(5)). 

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If the decision is made to apply these restrictions, we recommend that the President and 

Vice President invoke them as soon as possible 

at the beginning of the Administration to avoid 

any confusion at the close of the Administration. (A sample letter applying these restrictions 

is attached.) NARA can work with the President 

and Vice President to ease these restrictions later 

in the term or after they leave office. 

Designate a White House Counsel attorney to

serve as contact with NARA on all PRA issues, 

including access requests to NARA for 

Presidential records of former Presidents

Because the Administration faces an ongoing 

array of PRA issues, it is essential for NARA to 

have a primary point of contact in the White 

House Counsel’s Office as soon as possible. 

This is particularly important for responding 

to special access requests that NARA receives 

from Congress and the Courts for the Presidential records of former Presidents. The Clinton, 

George W. Bush, and Obama Administrations 

have followed this approach to good effect. 

NARA can provide training and guidance to 

such counsel on all requirements of the PRA. 

Involve NARA at design stage of electronic 

records systems to ensure that records 

management and transition issues 

are addressed

The vast and growing use of electronic systems to 

create and manage Presidential records requires 

special attention. Because so many of the most 

important policy records may exist only in electronic form, it is imperative that these records be 

identified, maintained, and protected from loss 

or change. Most of these systems will have to be 

transferred to NARA at the end of the Administration so that the records can be preserved 

and accessed. Accordingly, it is essential that 

records management requirements are designed 

directly into such systems from the very beginning, particularly when using proprietary systems, which can include capabilities to archive 

in place in coordination with NARA. This will 

help avoid complicated and expensive problems 

that can occur in transferring these records into 

NARA’s archival systems at the end of a Presidential Administration. 

NARA has significant expertise in the development and management of electronic records systems and strongly encourages the White House 

to include NARA in the development and maintenance of these systems. NARA looks forward 

to continuing to work closely with the White 

House, including the White House Office of 

Records Management and the Office of Administration, in developing ways to recognize, preserve, and manage electronic records at the 

earliest point in the new Administration. 

Establish separate files for personal records

Personal documents and files should be identified by the records creator and filed separately from those containing Presidential 

records. Clearly defined filing systems will 

ensure that questions concerning record status do not arise.

Send forward a request for the disposal of 

routine, high-volume Presidential records, 

such as bulk mail (including bulk email)

NARA strongly encourages the new Administration to send forward a request to establish 

authority for the routine disposal of certain 

high-volume Presidential records, such as those 

that meet the definition of bulk mail in both 

textual and electronic formats.
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NARA has had a special relationship with Presidents and their staffs since the agency’s establishment in 1934. NARA provides a variety of 

archival and records management assistance to 

the President, First Lady, Vice President and their 

staffs. This special relationship has included the 

following services:

Providing, at White House request, archival 

and records management guidance on 

Presidential records and the requirements 

of the Presidential Records Act, personal 

papers and gifts

NARA has long played an important role in providing archival and records management guidance to the White House staff upon request. 

This role has increased dramatically since the 

passage of the Presidential Records Act. In the 

Carter, Reagan, and George H.W. Bush Presidential Administrations, NARA had an office in the 

White House, or a NARA White House liaison 

based in the White House. This archival function 

is now performed by NARA’s Presidential Materials Division in coordination with other offices 

in NARA. 

In recent Administrations, guidance and requests 

dealing with Presidential records that have legal 

implications have been coordinated through the 

White House Counsel’s Office. For requests from 

White House Counsel’s Office, NARA’s General Counsel and Presidential Materials Division 

work jointly with the White House Counsel staff 

on these requests. 

Providing courtesy storage for incumbent 

Presidential and Vice Presidential records and gifts

The records, gifts, and historical materials of the President and Vice President are held on courtesy storage 

by NARA. These records are in the physical custody 

of NARA, while the White House maintains legal 

custody. The Presidential Materials Division provides 

reference service and, upon request, quickly returns 

these records back to the White House. These records, 

gifts, and historical materials are made available only 

to the incumbent Administration as requested for 

reference. Unless designated as open, boxes of textual records in courtesy storage remain sealed while 

in NARA custody. No archival processing takes place, 

and no one but designated Administration personnel 

can see the material. In 2014, the PRA was amended 

to make clear that when NARA provides courtesy 

storage to records, including in digital and electronic 

form, the President remains exclusively responsible 

for custody, control, and access to such Presidential 

records [44 U.S.C. § 2203(f)]. 

Providing guidance and approving schedules 

for Executive Office of the President staff 

who create Federal records

Several of the units of the EOP are considered to 

be Federal agencies, which create Federal records. 

NARA’s Chief Records Officer and General Counsel work in cooperation with the Office of Administration and with records officers and program staff 

in these units to provide records management guidance, training for staff, targeted assistance with particularly difficult recordkeeping problems or issues, 

and the review of records retention schedules.

How the National Archives and Records Administration 

Assists the White House

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Assisting in planning for and later 

managing the Presidential Library

Throughout the Presidential Administration, 

NARA provides guidance on planning for the 

Presidential Library and the selection of the 

Library site. The point of contact on any Library 

issues is the Director of the Office of Presidential Libraries. Traditionally, as the Administration 

draws to a close, NARA identifies appropriate 

space to temporarily house materials until the 

permanent Library is built.

Planning and executing the move of 

Presidential materials at the end of the 

Administration to a location close to where the 

President will build the Presidential Library

NARA is responsible for the planning and moving of all Presidential records and gifts, and 

any personal papers that are planned for donation to the government. NARA ensures physical 

and intellectual control over the records during 

their move from the White House complex to a 

NARA facility. On January 20th, NARA assumes 

legal custody of the Presidential records and gifts. 

NARA staffs and operates the temporary facility 

and later the Library.

Maintaining the Presidential Diary by 

providing the Presidential Diarist 

The Presidential Diary, similar in nature to a 

daily log, is a chronological record of the President’s movements, phone calls, trips, briefings, 

meetings, and activities. The Diarist compiles 

information from a wide array of Presidential 

records, manages the paper record and a computer database system, and assists the incumbent Administration with information requests 

regarding the official schedule of the President. 

Traditionally, the Diarist is based in the Office of 

Scheduling and Advance and works with Oval 

Office Operations. This organizational structure 

assists the Diarist in receiving the most complete 

scheduling information. As a NARA employee, 

the Diarist position is non-political in nature and 

the work is non-interpretive. The Diarist’s objectivity and non-partisanship is an important factor in maintaining consistency, completeness, 

and accuracy of the record.

Editing and publishing the Daily 

Compilation of Presidential Documents 

and the Public Papers of the Presidents

NARA’s Office of the Federal Register produces the 

Daily Compilation of Presidential Documents, a 

non-political, publicly available, daily journal of 

the public actions and words of the President, for 

use by Administration officials, Members of Congress, journalists, and others interested in the contemporary Presidency. The publication contains 

the public messages, statements, and remarks of 

the President. Operating under the auspices of the 

Staff Secretary, the Federal Register editors work 

with the Staff Secretary and the Office of the Press 

Secretary to collect the full range of the President’s 

public documents, and then edit and publish 

the materials, verifying spoken materials against 

audio tapes provided by the White House Communications Agency and written material against 

signed originals from the Executive Clerk. The 

Public Papers of the Presidents, which are based 

on the Daily Compilation of Presidential Documents, serve as the major historical documentary 

source on the public record of the President. Volumes are currently published approximately twice 

a year, and each volume covers approximately a 

six-month period.

The Daily Compilation is an online only publication. The Public Papers of the Presidents is available both in print and online.
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How Do Its Access Provisions Work? How Does It Intersect With FOIA?

Incumbent 

President

President Leaves 

Office

Years 

1 to 5

Years 

5 to 12

After

12 Years

Specifies up to 6 

restriction categories

Specifies duration of restrictions, up to 12 

years after term 

(s) end

During incumbency, no right 

of public access

President to segregate Presidential from 

personal records

Same provisions for Vice 

Presiden-tial 

records

Presidential 

records transfer 

to legal custody 

of the Archivist 

of the U.S.

Archivist 

responsible for 

custody, control, preservation and access

Archivist has 

“affirmative 

duty” to make 

records available to public 

“as rapidly and 

completely as 

possible”

Presidential 

records, even 

unrestricted, are 

exempt from 

FOIA access 

until earlier of:

∙ 5 years after

 Archivist takes

 custody or

∙ Archivist 

 completes 

 processing

Only access is 

“special access”: 

Congress, judicial process, 

or incumbent 

President (“current business”)

Access through 

FOIA

Both PRA 

restrictions and 

FOIA exemptions apply

Archivist determines PRA 

restrictions in 

consultation w/ 

former President

No judicial 

review of PRA 

restrictions

All disclosures: 

prior notice to 

current and former President

Access through 

FOIA

Only FOIA 

exemptions 

apply

But FOIA Ex. 

(b)5 is “not 

available” to 

withhold Presiden-tial records

All other provisions of FOIA 

apply

All disclosures: 

prior notice to 

current and former President

Attachments: Presidential Records Act of 

1978, 44 U.S.C. 2201-2209

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PRA restriction categories [44 U.S.C. § 2204(a)]:

1. National security information properly classified under Executive Order [FOIA Ex. 1]

2. Information relating to appointments to Federal Office

3. Exempted from disclosure by statute [FOIA Ex. 3]

4. Trade secrets and confidential business information [FOIA Ex. 4]

5. Confidential communications requesting or submitting advice, between the President and his advisors or between such advisors

6. Information which if disclosed would cause a clearly unwarranted invasion of personal privacy 

[FOIA Ex. 6]

SAMPLE LETTER ASSERTING PRA RESTRICTIONS

January 21, 2017

Dear Mr. Ferriero:

Pursuant to the provisions of the Presidential Records Act of 1978, 44 USC 2204(a), I specify 

[can specify all six Presidential restriction categories for a maximum of twelve (12) years]

for which the Act permits me to apply to the official records of my tenure as President of the 

United States.

Under the conditions set forth in section 2204(d) of the Act, as well as 36 C.F.R. 1270.20 implementing the Act, I hereby designate XXX and XXX as my representatives with authority to exercise all discretion or authority granted to me under the Act upon my death or disability.

Sincerely,

PRESIDENT OF THE UNITED STATES

The Honorable David S. Ferriero 

Archivist of the United States

Washington, DC 20408
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January 21, 2017

Dear Mr. Ferriero:

Under the conditions set forth in Section 2204(d) of the Presidential Records Act of 1978, as 

well as Section 1270.20 of the regulations implementing that Act (36 C.F.R. 1270.20), I hereby 

designate the following individuals to be my representatives with authority with respect to all 

my Presidential records:

[Specified individual or individuals]

Sincerely,

PRESIDENT OF THE UNITED STATES

The Honorable David S. Ferriero

Archivist of the United States

Washington, DC 20408

SAMPLE LETTER DESIGNATING PRA REPRESENTATIVE

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