§ 1270.40 - Restricting access to Presidential records.

§ 1270.40 Identification of restricted Restricting access to Presidential records.

(a) If a An incumbent President may, prior to the conclusion of his end of the President's term of office or last consecutive term of office, as the case may be, specifies durations, not to exceed 12 years, for which restrict access to certain information contained in within Presidential records shall be restricted, 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

or his designee shall identify the Presidential records affected

consults with that President or the President's designated representative to identify the affected records, or any reasonably segregable portion

thereof, in consultation with that President or his designated representative(s)

of them.

(

b

c) The Archivist

shall restrict

then restricts public access to the identified records or the restricted information contained in

those records identified as affected until -

them until the earliest of following occurs:

(1) The

date on which the former

restricting President waives the restriction

on disclosure of the record or information contained within

, in whole or in part;

(2) The

expiration of the period of restriction specified under 44 U.S.C. 2204

restriction period in paragraph (a) of this section expires for the category of information

under which a certain record, or a portion thereof, was restricted

; or

(3) The Archivist

has determined

determines that the

former

restricting President or an agent of

the former

that President has

placed in the public domain through publication a

published the 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

of the record, or any significant element or aspect of the information contained in the record, in the public domain.