These funds may also support exhibit-related and public-programming  expenses. Federal Laws and Regulations, NARA Policies, and Individual Library Agreements Provide Guidance on the Library–Foundation Relationship

		Federal Laws Govern Library Creation

The federal laws specific to presidential libraries focus primarily on the  design and construction of library facilities and, once constructed, the  deeding of the library facilities, or the rights to use the facilities, to the  federal government. Federal Regulations Govern the Use of Library Facilities by Outside Organizations

NARA’s building-use regulations outline the permissible and prohibited  uses of the presidential library facilities by other groups. The regulations prohibit the use of the facilities for profit-making,  commercial advertisement or sales, partisan political activities, or  sectarian activities. Federal Laws and Regulations Govern the Use of Staff

Federal laws and regulations specify for all federal employees—including  federal employees working at presidential libraries—what they may and  may not do in their official capacity. For example, federal employees may  not engage in commercial or political activity associated with their federal  positions. That office has developed systemwide policies, including the  Presidential Libraries Manual, which discusses museum activities and  records topics, and the NARA / Office of Presidential Libraries  Architecture and Design Standards for Presidential Libraries. The Office of  Presidential Libraries also works with the NARA General Counsel on the  development of policies governing the library–foundation relationship. The NARA General Counsel has issued legal opinions on foundations’ use  of library facilities, when and how library staff can support foundation  activities, and if library staff can fundraise for the foundations. Library–Foundation Agreements Further Define Their Relationship

Each presidential library has a written agreement with its associated  foundation and, if applicable, the associated university that governs  aspects of the relationship between the entities. These agreements differ  in format; content; and the extent to which they address use of facilities,  library and foundation staff relationships, and political activities. These  agreements must be consistent with the applicable statutes and NARA  regulations. According to NARA officials, these supplemental policies may  provide further detail on the library–foundation relationship regarding  facilities, staff, and political activities. Agency Comments

We provided a draft of this report to NARA. NARA had no substantive  comments and provided technical comments by e-mail, which we  incorporated as appropriate.
Why GAO Did This Study

The National Archives and Records Administration (NARA) operates presidential libraries for all of the former U.S. presidents since Herbert Hoover. These libraries received over 2.4 million visits in 2009, including researchers, public program attendees, and museum visitors. Each library is associated with a private foundation, which raised the funds to build the library and then turned the library facility over to the federal government. These foundations typically have ongoing relationships with the libraries they built, and some of these library-foundation relationships involve sharing of staff and facilities. Per congressional request, this report describes the principal laws, regulations, and NARA policies that govern library-foundation relationships and the appropriate use of library facilities and staff. GAO reviewed specific laws governing presidential libraries, and NARA regulations and policies. We also reviewed applicable laws and regulations governing activities held on government property and acceptable activities of federal employees. Further, we interviewed relevant NARA officials. NARA reviewed a draft of this report and had no substantive comments. NARA made technical suggestions which we incorporated as appropriate. GAO is not making any recommendations in this report.

What GAO Found

The federal laws specific to presidential libraries focus primarily on the design and construction of library facilities and, once constructed, the deeding of the library facilities, or the rights to use the facilities, to the federal government. NARA building-use regulations outline the permissible and prohibited uses of presidential library facilities by outside organizations. Prohibited uses include profit-making, commercial advertisement or sales, partisan political activities, or sectarian activities. Other laws and regulations govern what federal employees may and may not do in their official capacity. As federal employees, NARA library employees must follow these rules in their interactions with the foundation associated with the library. NARA's Office of Presidential Libraries has developed a policy manual and standards that address topics such as museum activities and records. This office also works with the NARA General Counsel to develop guidance governing the library-foundation relationship, such as those related to the foundations' use of library facilities and when and how library staff can support foundation activities. The libraries also have one or more written agreements with their associated foundation that govern different aspects of the relationship. These agreements differ in format; content; and the extent to which they address use of facilities, library and foundation staff relationships, and political activities.