H.R. 10131 explained  ·  119th Congress  ·  Pending in Congress

National Archives Protection Act

Create a free account or sign in to follow H.R. 10131 and get alerts. Policy area: Government Operations and Politics Create a free account or sign in to follow the Government Operations and Politics policy area and get alerts. ▲ 60 days since action Sponsor: Kevin Mullin, CA-15, D → Congress.gov

Cosponsors: 11 (11 D, 0 R) · per Congress.gov, 2026-10-14

Introduced: 2026-08-20

Latest action (2026-08-20): Referred to the House Committee on Oversight and Government Reform.

What H.R. 10131 does, in plain terms

The Congressional Research Service has not published a summary of H.R. 10131 yet. Its official title: “National Archives Protection Act”.

Constitution Index

“VFA Constitution grade”

Not graded yet

H.R. 10131 has not been graded yet. New measures with an official summary are graded daily under the published rubric.

The Framers

“Founders’ Verdict”

CONDITIONAL

Confidence 0.75

Archived SI output (machine-generated)

No editorial review recorded. This historical SI verdict was machine-generated by software and predates the review desk; check it against the official bill text.

Synthesis

Three Founders (Hamilton, Madison, Jefferson) find the bill constitutional under the Property Clause and Necessary and Proper Clause, while Marshall conditions constitutionality on whether the prohibition serves a legitimate federal purpose without unduly encroaching on executive discretion. The majority leans constitutional, but Marshall's conditional dissent creates a split.

Hamilton YES

The bill prohibits the closure of Federal records centers, which is a valid exercise of Congress's power under the Property Clause to make rules respecting the property of the United States, and under the Necessary and Proper Clause to enact laws that carry into execution the powers vested in the federal government. While the executive branch possesses discretion in managing federal property, Congress may impose restrictions on the disposition of such property, as it does here, without violating the separation of powers. The President retains the duty to faithfully execute the laws, including …

Article I, Section 8, Clause 18 Article IV, Section 3, Clause 2 Federalist No. 33 Federalist No. 70
Jefferson YES

Congress possesses clear constitutional authority to regulate the disposition of federal property and records under the Property Clause of Article IV, Section 3, Clause 2, which grants Congress power over the territories and property of the United States. Additionally, the Necessary and Proper Clause of Article I, Section 8, Clause 18 enables Congress to make laws that are necessary and proper for carrying into execution its enumerated powers, including the management and preservation of federal records. This bill, by prohibiting the closure of Federal records centers, is a proper exercise of …

Article IV, Section 3, Clause 2 Article I, Section 8, Clause 18 Amendment X
Madison YES

The bill, which prohibits the closure of Federal records centers, pertains solely to the management and preservation of federal property and records. The Constitution vests Congress with the power to make all laws which shall be necessary and proper for carrying into execution the enumerated powers of the federal government (Article I, Section 8, Clause 18). The operation and maintenance of federal records centers are integral to the administration of federal laws and the preservation of official documents, which fall within the legitimate scope of legislative authority. Moreover, the bill doe…

Article I, Section 8, Clause 18 Federalist No. 44
Marshall CONDITIONAL

The Constitution vests in Congress the power to make all laws which shall be necessary and proper for carrying into execution the enumerated powers, including the management of federal property and records. However, the prohibition on closure of Federal records centers must be examined under the Necessary and Proper Clause to ensure it is a legitimate means to a constitutional end, such as preserving records for the exercise of federal powers. If this prohibition impedes the Executive's ability to manage the internal operations of the government in a manner not inconsistent with constitutional…

Article I, Section 8, Clause 18 (Necessary and Proper Clause) McCulloch v. Maryland (1819) Marbury v. Madison (1803)
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What should pass

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Archived SI output (machine-generated) · No editorial review recorded

This historical draft has no editorial review time on record. Check its claims against the original bill and current law.

Federal Records Center Preservation and Access Assurance Act of 2025

Generated by VFA SI Solutions

Prevent the closure of federal records centers to ensure ongoing public access to federal records for accountability, transparency, and historical preservation.

Bipartisan rationale: Honors Democratic priorities of government transparency, accountability, and public access to records. Honors Republican priorities of fiscal responsibility and operational flexibility by allowing closure only after a cost-benefit analysis and public process, and by including a sunset to prevent permanent mandates.

Funding: No new funding required; restrictions on e Not applicable – no funding au Sunset 5y Oversight: Archivist of the United States Enforcement: Civil action for injunctive relief i
→ Article I, Section 8, Clause 18 (Necessary and Proper Clause to carry out the power of Congress to oversee the executive and to legislate on matters of federal records). → Article I, Section 9, Clause 7 (Appropriations Clause – conditioning the expenditure of funds). → Tenth Amendment – powers not delegated to the United States are reserved to the states or the people; this Act does not intrude on state powers.

Article I, Section 8, Clause 18 Article I, Section 9, Clause 7 Amendment X

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VFA Constitution grade for H.R. 10131

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