C.F.R. » Title 36 » CHAPTER XII—NATIONAL ARCHIVES AND RECORDS ADMINISTRATION › SUBCHAPTER E—PRESIDENTIAL RECORDS › PART 1270—PRESIDENTIAL RECORDS › Subpart D—Accessing Presidential Records

36 C.F.R. § 1270.40

Restricting access to Presidential records

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(a) An incumbent President may, prior to the end of the President's term of office or last consecutive term of office, restrict access to certain information within Presidential records created during their administration, for a period not to exceed 12 years after the President leaves office (in accordance with 44 U.S.C. 2204).

(b) If a President specifies such restrictions, the Archivist consults with that President or the President's designated representative to identify the affected records, or any reasonably segregable portion of them.

(c) The Archivist then restricts public access to the identified records or the restricted information contained in them until the earliest of following occurs:

(1) The restricting President waives the restriction, in whole or in part;

(2) The restriction period in paragraph (a) of this section expires for the category of information; or

(3) The Archivist determines that the restricting President or an agent of that President has published the restricted record, a reasonably segregable portion of the record, or any significant element or aspect of the information contained in the record, in the public domain.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2021–2021 · leading case: Donald Trump v. Bennie Thompson, 20 F. 4th 10 (D.C. Cir. 2021).
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Donald Trump v. Bennie Thompson, 20 F. 4th 10 (D.C. Cir. 2021). · cites it 2× “§ 2204 (a) & (a)(1)–(a)(6); see also 36 C.F.R. § 1270.40 (a). The Act tasks the Archivist with properly designating “[a]ny Presidential record or reasonably segregable portion thereof containing information within a category restricted by the President[,]” and preventing public…”
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