Exclusive

Marco Rubio out as acting head of National Archives

Before the end of his tenure, Rubio tapped James Byron, senior advisor to the archivist, to serve and perform the functions of archivist.

Secretary of State Marco Rubio is no longer serving as the acting head of the National Archives and Records Administration, a position he’s held for nearly a year.

A NARA spokesperson told Federal News Network in a statement that Rubio “is no longer serving as the acting archivist of the United States,” in compliance with the Federal Vacancies Reform Act.

The law restricts acting officials to a 210-day limit to carry out the duties of a Senate-confirmed position, although that timeframe can be extended in some circumstances — including during a presidential transition. Under a new president, appointees get an extra 90 days, for a total of 300 days.

The spokesperson said that before the end of his tenure, Rubio tapped James Byron, senior advisor to the archivist, to perform the duties of archivist.

NARA currently does not have a deputy archivist. By law, the agency’s second-in-command would typically serve as the acting archivist.

Two NARA employees told Federal News Network that official portraits of Rubio were recently removed from agency office buildings in Washington, D.C., and Maryland. Rubio’s name and title no longer appear on a list of senior agency staff on NARA’s website. An archived version of the agency’s website from Jan. 20 includes Rubio as the acting head of the agency. NARA employees said the agency had not yet communicated the change in agency leadership.

“Nothing has been said to staff,” one employee said.

In addition to leading the State Department, Rubio has held a variety of jobs within the Trump administration. He still serves as President Donald Trump’s acting national security advisor, and previously served as the head of the now-shuttered U.S. Agency for International Development.

Jason R. Baron, a professor at the University of Maryland and former director of litigation at NARA, said the archivist of the United States plays an important role in ensuring American history is preserved and made accessible to the American people, and that “being the archivist of the United States is a full-time job.”

Before winning reelection, Trump was indicted on felony charges of mishandling classified documents after his first term in office. A federal judge dismissed the case in July 2024

“To best ensure that all White House records will be properly transferred into the legal custody of the National Archives and Records Administration at the end of his second term in office, it is imperative that President Trump nominate and the Senate confirm the next Archivist of the United States, and the sooner the better,” Baron said.

Several other key administration officials also hold several top jobs.

Office of Management and Budget Director Russ Vought also serves as the acting head of the Consumer Financial Protection Bureau, an agency the Trump administration is trying to shut down. Last month, a federal judge in D.C. ruled that White House could not let funding for the CFPB lapse.  The ruling came just days before the bureau was set to run out of funds to pay employees.

Treasury Secretary Scott Bessent is also the acting IRS commissioner. Frank Bisignano, the head of the Social Security Administration, also serves as the “chief executive officer” of the IRS, a new role created under the Trump administration that oversees the agency’s day-to-day operations.

Transportation Secretary Sean Duffy briefly served as the acting head of NASA. He stepped down from NASA in mid-December, after the Senate confirmed Jared Isaacman, Trump’s permanent pick to lead the agency.

Deputy Labor Secretary Keith Sonderling also serves as the head of the Institute of Museum and Library Services, a small agency that the Trump administration sought to eliminate. Federal courts, however, blocked its closure, and Congress fully funded the agency for fiscal 2026.

Democratic lawmakers have criticized Rubio for conflicts of interest in holding several key leadership roles.

Last March, top House Democrats pressed Rubio about the “rushed” disposal of records at USAID, and argued his role represents “a fundamental conflict of interest that undermines Congress’s intent with the Federal Records Act and the integrity of NARA.”

In addition to managing the federal government’s trove of historical documents, the national archivist of the U.S. oversees recordkeeping requirements for agencies and compliance with the Freedom of Information Act.

Last March, the nonprofit American Oversight sued Rubio and other Trump administration officials for allegedly violating federal records laws through the use of Signal, an encrypted messaging app that can be set to delete messages over time.

Rubio was a part of the Signal thread set up by former National Security Advisor Michael Waltz to discuss airstrikes in Yemen. Waltz reportedly enabled a Signal function that allows some messages to be automatically deleted after set time limits. Defense Secretary Pete Hegeth was also included in the Signal chat.

American Oversight’s initial complaint highlights how Rubio, as acting head of NARA, “reasonably should know” that officials did not act to preserve federal records.

In an April 8 letter to Rubio and Attorney General Pam Bondi, Democrats on the Senate Homeland Security and Governmental Affairs Committee called for an investigation into whether officials were skirting records laws by using Signal and other unauthorized communications platforms.

If you would like to contact this reporter about recent changes in the federal government, please email jheckman@federalnewsnetwork.com, or reach out on Signal at jheckman.29

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