[Code of Federal Regulations]

[Title 36, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 36CFR1275.50]



[Page 976]

 

              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY

 

        CHAPTER XII--NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

 

PART 1275_PRESERVATION AND PROTECTION OF AND ACCESS TO THE PRESIDENTIAL 

HISTORICAL MATERIALS OF THE NIXON ADMINISTRATION--Table of Contents

 

                     Subpart D_Access by the Public

 

Sec. 1275.50  Restriction of materials related to abuses of governmental 

power.



    (a) The Archivist will restrict access to materials determined 

during the processing period to relate to abuses of governmental power, 

as defined in Sec. 1275.16(c), when:

    (1) The Archivist, in accordance with Sec. 1275.44, is in the 

process of reviewing or has determined the validity of a claim by any 

person of a legal or constitutional right or privilege; or

    (2) The Archivist, in accordance with Sec. 1275.44, is in the 

process of reviewing or has determined the validity of a petition by any 

person of the need to protect an individual's right to a fair and 

impartial trial; or

    (3) The release of the materials would violate a Federal statute; or

    (4) The materials are authorized under criteria established by 

Executive order to be kept secret in the interest of national defense or 

foreign policy, provided that any question as to whether materials are 

in fact properly classified or are properly subject to classification 

shall be resolved in accordance with the applicable Executive order or 

as otherwise provided by law. However, the Archivist may waive this 

restriction when:

    (i)(A) The requester is engaged in a historical research project; or

    (B) The requester is a former Federal official who had been 

appointed by the President to a policymaking position and who seeks 

access only to those classified materials which he originated, reviewed, 

signed or received while in public office; and

    (ii) The requester has a security clearance equivalent to the 

highest degree of national security classification that may be 

applicable to any of the materials to be examined; and

    (iii) The Archivist has determined that the heads of agencies having 

subject matter interest in the material do not object to the granting of 

access to the materials; and

    (iv) The requester has signed a statement, which declares that the 

requester will not publish, disclose, or otherwise compromise the 

classified material to be examined and that the requester has been made 

aware of Federal criminal statutes which prohibit the compromise or 

disclosure of this information.

    (b) The Archivist will restrict access to any portion of materials 

determined to relate to abuses of governmental power when the release of 

those portions would constitute a clearly unwarranted invasion of 

personal privacy or constitute libel of a living person: Provided, That 

if material related to an abuse of governmental power refers to, 

involves or incorporates such personal information, the Archivist will 

make available such personal information, or portions thereof, if such 

personal information, or portions thereof, is essential to an 

understanding of the abuses of governmental power.