[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: 36CFR1270.40]



[Page 965]

 

              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY

 

        CHAPTER XII--NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

 

PART 1270_PRESIDENTIAL RECORDS--Table of Contents

 

                Subpart D_Access to Presidential Records

 

Sec. 1270.40  Identification of restricted records.





    (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.