36 C.F.R. Subpart D—Access to Presidential Records
Title 36 - Parks, Forests, and Public Property
(a) If a President, prior to the conclusion of his term of office or last consecutive term of office, as the case may be, specifies durations, not to exceed 12 years, for which access to certain information contained in Presidential records shall be restricted, in accordance with 44 U.S.C. 2204, the Archivist or his designee shall identify the Presidential records affected, or any reasonably segregable portion thereof, in consultation with that President or his designated representative(s). (b) The Archivist shall restrict public access to the information contained in those records identified as affected until— (1) The date on which the former President waives the restriction on disclosure of the record or information contained within; (2) The expiration of the period of restriction specified under 44 U.S.C. 2204(a) for the category of information under which a certain record, or a portion thereof, was restricted; or (3) The Archivist has determined that the former President or an agent of the former President has placed in the public domain through publication a restricted record or a reasonably segregable portion thereof, if this date is earlier than either of the dates specified in paragraph (b)(1) or (2) of this section. (a) Any person denied access to a Presidential record (hereinafter the requester) because of a determination that the record or a reasonable segregable portion of the record was properly restricted under 44 U.S.C. 2204(a), and not placed in the public domain by the former President or his agent, may file an administrative appeal with the appropriate Presidential library director at the address cited in part 1253 of this chapter. (b) All appeals must be received by NARA within 35 calendar days of the date of NARA's denial letter. (c) Appeals shall be in writing and shall set forth the reason(s) why the requester believes access to the records sought should be allowed. The requester shall identify the specific records sought. (d) Upon receipt of an appeal, the appropriate Presidential library director has 30 working days from the date an appeal is received to consider the appeal and respond in writing to the requester. The director's response must state whether or not the Presidential records requested are to be released and the basis for this determination. The director's decision to withhold release of Presidential records is final and not subject to judicial review. [53 FR 50404, Dec. 15, 1988, as amended at 70 FR 16717, Apr. 1, 2005] (a) Notwithstanding any restrictions on access imposed pursuant to section 2204 or these regulations, and subject to any rights, defenses, or privileges which the United States or any agency or person may invoke, Presidential records shall be made available in the following instances: (1) Pursuant to subpoena or other judicial process properly issued by a court of competent jurisdiction for the purposes of any civil or criminal investigation or proceeding; (2) To an incumbent President if the records sought contain information which is needed for the conduct of current business of his office and is not otherwise available; (3) To either House of Congress, or, to the extent of matter within its jurisdiction, to a Congressional committee or subcommittee if the records sought contain information which is needed for the conduct of business within its jurisdiction and is not otherwise available. (b) Requests by an incumbent President, a House of Congress, or a Congressional committee or subcommittee pursuant to paragraph (a) of this section shall be addressed to the Archivist. All requests shall be in writing and, where practicable, identify the records sought with reasonable specificity. (c) Presidential records of a former President shall be available to the former President or his designated representative upon request. (a) The Archivist or his designee shall notify a former President or his designated representative(s) before any Presidential records of his Administration are disclosed. (b)(1) The notice given by the Archivist or his designee shall: (i) Be in writing; (ii) Identify the particular records with reasonable specificity; (iii) State the reason for the disclosure; and (iv) Specify the date on which the record will be disclosed. (2) In the case of records to be disclosed in accordance with §1270.44, the notice shall also: (i) Identify the requester and the nature of the request; (ii) Specify whether the requested records contain materials to which access would otherwise be restricted pursuant to 44 U.S.C. 2204(a) and identify the category of restriction within which the record to be disclosed falls; and (iii) Specify the date of the request. (c) If, after receiving the notice required by paragraph (a) of this section, a former President raises rights or privileges which he believes should preclude the disclosure of a Presidential record, and the Archivist nevertheless determines that the record in question should be disclosed, in whole or in part, the Archivist shall notify the former President or his representative of this determination. The notice given by the Archivist or his designee shall: (1) Be in writing; (2) State the basis upon which the determination to disclose the record is made; and (3) Specify the date on which the record will be disclosed. (d) The Archivist shall not disclose any records covered by any notice required by paragraph (a) or (c) of this section for at least 30 calendar days from receipt of the notice by the former President, unless a shorter time period is required by a demand for Presidential records under §1270.44. (e) Copies of all notices provided to former Presidents under this section shall be provided at the same time to the incumbent President.
Title 36: Parks, Forests, and Public Property
PART 1270—PRESIDENTIAL RECORDS
Subpart D—Access to Presidential Records
§ 1270.40 Identification of restricted records.
§ 1270.42 Denial of access to public; right to appeal.
§ 1270.44 Exceptions to restricted access.
§ 1270.46 Notice of intent to disclose Presidential records.
