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. § 1270.46

Notice of intent to disclose Presidential records to the public

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When the Archivist determines it is in the public interest to make a Presidential record available to the public for the first time, the Archivist will:

(a) Promptly notify, in writing, the former President during whose term of office the record was created and the incumbent President, or their representatives, of the intended disclosure. This notice informs the Presidents of the 60-day period in which either President may make a claim of constitutionally based privilege under § 1270.48; and

(b) Notify the public. The notice includes the following information about the intended disclosure:

(1) The number of pages;

(2) A brief description of the records;

(3) The NARA case number;

(4) The date on which the 60-working-day period set out in § 1270.48(a) expires; and

(5) Any other information the Archivist may decide.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 2001–2021 · leading case: Am. Historical Ass'n v. Nat'l Archives & Records Admin., 516 F. Supp. 2d 90 (D.D.C. 2007).
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Am. Historical Ass'n v. Nat'l Archives & Records Admin., 516 F. Supp. 2d 90 (D.D.C. 2007). · cites it 8× “36 C.F.R. § 1270.46 (a), (b), (d). If after receiving notice from the Archivist, the former president raises such a right or privilege he believes would preclude disclosure, “and the Archivist nevertheless determines that the record in question should be disclosed, in whole or…”
Donald Trump v. Bennie Thompson, 20 F. 4th 10 (D.C. Cir. 2021). “36 C.F.R. § 1270.46 (a) (1989). If then “a former President raise[d] rights or privileges which he [or she] believe[d] should preclude the disclosure of a Presidential record,” but the Archivist decided that the record still should be disclosed, “in whole or in part,” the…”
Am. Historical Ass'n v. Nat'l Archives & Records Admin., 310 F. Supp. 2d 216 (D.D.C. 2004). · cites it 2× “36 C.F.R. § 1270.46 (a), (b), (d). If the former president raises such a right or privilege intending to preclude disclosure, “and the Archivist nevertheless determines that the record in question should be disclosed in whole or in part, the Archivist shall notify the former…”
Citizens for Responsibility & Ethics v. Off. of Admin., 593 F. Supp. 2d 156 (D.D.C. 2009). · cites it 2× “§ 2204 (a); (b) the right to be notified before any Presidential records are disclosed, 36 C.F.R. § 1270.46 ; and (c) the right to initiate a court action asserting that the Archivist’s determination as to certain records violates his rights or privileges, 44 U.”
Am. Historical Ass'n v. Nat'l Archives & Records Admin., 402 F. Supp. 2d 171 (D.D.C. 2005). “36 C.F.R. § 1270.46 (a), (b), (d). If the former president raises such a right or privilege intending to preclude disclosure, “and the Archivist nevertheless determines that the record in question should be disclosed in whole or in part, the Archivist *176 shall notify the…”
Applicability of Post-Emp. Restrictions in 18 U.S.C. § 207 to a Former Gov't Off. Representing a Former President or Vice President in Connection with the Presidential Records Act (OLC 2001). “See 36 C.F.R. § 1270.46 (a) (2001) (“The Archivist or his designee shall notify a former President or his designated representative(s) before any Presiden- tial records of his Administration are disclosed.”
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