Presidential Records, 26588-26592 [2017-11895]
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Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Rules and Regulations
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in E.O. 13132.
Also, this rule does not have tribal
implications under E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments, because it
does not have a substantial direct effect
on one or more Indian tribes, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
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F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that the establishment of a
safety zone is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This rule
involves a safety zone lasting up to eight
hours that will prohibit entry within
700-yards above and below the surface
of a Navy training exercise. It is
categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. A
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Record of Environmental Consideration
(REC) supporting this determination is
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T14–0421 to read as
follows:
■
§ 165. T14–0421 Safety Zone; Navy
Underwater Detonation (UNDET) Exercise,
Apra Outer Harbor, GU.
(a) Location. The following areas,
within the Captain of the Port (COTP)
Guam Zone (See 33 CFR 3.70–15), from
the surface of the water to the ocean
floor, are safety zones:
Apra Outer Harbor, Guam, June 21,
2017. All waters above and below the
surface bounded by a circle with a 700yard radius centered at 13 degrees 27
minutes 71 seconds North Latitude and
144 degrees 38 minutes 50 seconds East
Longitude, (NAD 1983).
(b) Effective period. This section is
effective from 8 a.m. through 4 p.m. on
June 21, 2017, unless canceled earlier by
the COTP Guam.
(c) Regulations. The general
regulations governing safety zones
contained in 33 CFR 165.23 apply. No
vessels, with the exception of exercise
participants may enter or transit safety
zones and no persons in the water, with
the exception of exercise participants
may enter or transit safety zone unless
authorized by the COTP Guam or a
designated representative thereof.
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(d) Enforcement. Any Coast Guard
commissioned, warrant, or petty officer,
and any other COTP Guam
representative permitted by law, may
enforce these temporary safety zones.
(e) Waiver. The COTP Guam may
waive any of the requirements of this
section for any person, vessel, or class
of vessel upon finding that application
of the safety zone is unnecessary or
impractical for the purpose of maritime
safety and security.
(f) Penalties. Vessels or persons
violating this rule are subject to the
penalties set forth in 33 U.S.C. 1232 and
50 U.S.C. 192.
Dated: May 17, 2017.
James B. Pruett,
Captain, U.S. Coast Guard, Captain of the
Port, Guam.
[FR Doc. 2017–11926 Filed 6–7–17; 8:45 am]
BILLING CODE 9110–04–P
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
36 CFR Part 1270
[FDMS No. NARA–16–0005; NARA–2017–
042]
RIN 3095–AB87
Presidential Records
National Archives and Records
Administration (NARA).
ACTION: Final rule.
AGENCY:
We are revising this
regulation to reflect changes instituted
by the Presidential and Federal Records
Acts Amendments of 2014 (2014
Amendments). These Amendments in
part added new requirements to the
Presidential Records Act (PRA), which
went into effect in 2014. The changes to
this regulation make clear that, when we
maintain electronic Presidential records
on behalf of the President before the
President’s term of office expires, the
President retains exclusive control over
the records. In addition, the proposed
changes establish procedures that we
will follow to notify an incumbent
President and former President when
we propose to disclose Presidential
records to the public, Congress, the
courts, or the incumbent President
under the provisions of the PRA
allowing for access to Presidential
records otherwise subject to restrictions.
We began the regulatory revision
process in response to the 2014
Amendments to reduce confusion about
access to Presidential records in light of
these recent changes in the law. We
published a notice of proposed
rulemaking in the Federal Register on
SUMMARY:
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December 28, 2016, with a public
comment period ending on January 27,
2017. We received no comments.
DATES: This rule is effective on July 10,
2017.
ADDRESSES: National Archives and
Records Administration; Regulation
Comments Desk, Suite 4100; 8601
Adelphi Road; College Park, MD 20746001.
FOR FURTHER INFORMATION CONTACT:
Kimberly Keravuori, by email at
regulation_comments@nara.gov, by
telephone at 301–837–3151, or by mail
at External Policy Program Manager;
Strategy Division (MP), Suite 4100;
National Archives and Records
Administration; 8601 Adelphi Road;
College Park, MD 20740–6001.
SUPPLEMENTARY INFORMATION:
The 2014 Amendments also
authorized an incumbent President to
transfer physical custody of their
permanent electronic Presidential
records to NARA, while leaving legal
custody with the President, and some
other minor changes. We are therefore
also revising the regulation to reflect
these changes.
We are also making a small revision
to the regulation to be consistent with
2016 amendments to the Freedom of
Information Act, and are revising the
wording and organization of the
regulation to make it easier to follow, in
compliance with provisions of the Plain
Writing Act of 2010.
Background
We are revising our regulations
governing Presidential and Vice
Presidential records to incorporate
changes made by the Presidential and
Federal Records Act Amendments of
2014, (‘‘2014 Amendments,’’ Pub. L.
113–187, 128 Stat. 1017).
The 2014 Amendments made several
changes to the Presidential Records Act
(44 U.S.C. 2201–2209). The most
substantial change was codifying the
procedures by which we notify former
and incumbent Presidents so that they
may consider whether to restrict public
access to Presidential records of former
Presidents that are in our legal custody.
Executive order previously controlled
this review process, which was then
subject to change by any sitting
administration. Because Congress
codified the privilege review for public
disclosures in the 2014 Amendments,
we are revising the regulation to set out
processes for giving notice in such
cases, and for former or incumbent
Presidents to consider whether to assert
a constitutionally based privilege.
The 2014 Amendments did not codify
the provisions of the Executive Order
allowing for notification to the former
and incumbent President when
Congress, the courts, or the incumbent
President (instead of the public) makes
the request for records subject to access
restrictions. To ensure that the former
and incumbent Presidents are given
notice and an opportunity to consider
whether to assert a constitutionally
based privilege in those circumstances
as well, we are revising our regulation
to set out procedures we follow prior to
disclosing records under the PRA’s
exceptions to restricted access, which
are similar to the procedures we follow
when we propose to make disclosures to
the public.
Executive Order 12866, Regulatory
Planning and Review, 58 FR 51735
(September 30, 1993), and Executive
Order 13563, Improving Regulation and
Regulation Review, 76 FR 23821
(January 18, 2011), direct agencies to
assess all costs and benefits of available
regulatory alternatives and, if regulation
is necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). This rule is ‘‘significant’’ under
section 3(f) of Executive Order 12866. It
involves revisions to existing
regulations to bring them in line with
statutory changes, and affects only
individuals or Government entities and
access to Presidential or Vice
Presidential records. The Office of
Management and Budget (OMB) has
reviewed this regulation.
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Regulatory Analysis
Review Under Executive Orders 12866
and 13563
Review Under Executive Order 13771
This action is exempt from Executive
Order 13771, 82 FR 9339 (February 3,
2017) because it is a regulation issued
with respect to agency organization and
management.
Review Under the Regulatory Flexibility
Act (5 U.S.C. 601, et seq.)
Although this rule is not subject to the
Regulatory Flexibility Act, see 5 U.S.C.
553(a)(2), 601(2), NARA has considered
whether this rule, if promulgated,
would have a significant economic
impact on a substantial number of small
entities (5 U.S.C. 603). NARA certifies,
after review and analysis, that this rule
will not have a significant adverse
economic impact on a substantial
number of small entities because it
affects only individuals or Government
entities and access to Presidential or
Vice Presidential records.
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Review Under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501, et seq.)
This rule does not contain any
information collection requirements
subject to the Paperwork Reduction Act.
Review Under Executive Order 13132,
Federalism, 64 FR 43255 (August 4,
1999)
Review under Executive Order 13132
requires that agencies review
regulations for Federalism effects on the
institutional interest of states and local
governments, and, if the effects are
sufficiently substantial, prepare a
Federal assessment to assist senior
policy makers. This rule will not have
any direct effects on State and local
governments within the meaning of the
Executive Order. Therefore, the
regulation requires no Federalism
assessment.
List of Subjects in 36 CFR Part 1270
Archives and records, Government in
the Sunshine Act, Open government,
Presidential records.
For the reasons stated in the preamble,
NARA revises 36 CFR part 1270 to read
as follows:
■
PART 1270—PRESIDENTIAL
RECORDS
Subpart A—General Provisions
Sec.
1270.1
1270.2
1270.4
Scope of part.
Application.
Definitions.
Subpart B—Custody and Control of
Presidential Records
1270.20 Presidential records in the physical
custody of the Archivist.
1270.22 Designating a representative to act
for a President.
1270.24 When the Archivist may act for a
President.
Subpart C—Disposing of Presidential
Records
1270.30 Disposing of Presidential records
by an incumbent President.
1270.32 Disposing of Presidential records in
the Archivist’s custody.
Subpart D—Accessing Presidential Records
1270.38 Public access to Presidential
records.
1270.40 Restricting access to Presidential
records.
1270.42 Appealing restricted access.
1270.44 Exceptions to restricted access.
1270.46 Notice of intent to disclose
Presidential records to the public.
1270.48 Releasing records to the public and
claiming privilege against disclosure.
1270.50 Consulting with law enforcement
agencies.
Authority: 44 U.S.C. 2201–2209.
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Subpart A—General Provisions
§ 1270.22 Designating a representative to
act for a President.
§ 1270.1
(a) Title 44 U.S.C. chapter 22 grants
the President certain discretion and
authority over Presidential records. An
incumbent or former President may
designate one or more representatives to
exercise this discretion and authority,
including in the event of the President’s
death or disability.
(b) The designation under paragraph
(a) of this section is effective only if the
Archivist receives written notice of it,
including the names of the
representatives, before the President
dies or is disabled.
Scope of part.
This part implements the provisions
of the Presidential Records Act of 1978,
as amended, 44 U.S.C. 2201–2209, and
establishes requirements for preserving,
protecting, disposing of, and providing
access to all Presidential and VicePresidential records created during a
Presidential or Vice Presidential term of
office beginning on or after January 20,
1981.
§ 1270.2
Application.
This part, except §§ 1270.46 and
1270.48, applies to Vice-Presidential
records in the same manner as to
Presidential records. The Vice
President’s duties and responsibilities,
with respect to Vice-Presidential
records, are the same as the President’s
duties and responsibilities with respect
to Presidential records, except those in
§§ 1270.46 and 1270.48. The Archivist’s
authority with respect to VicePresidential records is the same as the
Archivist’s authority with respect to
Presidential records, except that the
Archivist may enter into an agreement
with a non-Federal archival repository
to deposit Vice-Presidential records, if
the Archivist determines it to be in the
public interest.
§ 1270.4
Definitions.
For the purposes of this part—
Agency has the meaning given by 5
U.S.C. 551(1)(A)–(D) and 552(f).
Archivist means the Archivist of the
United States or staff of the National
Archives and Records Administration
acting on behalf of the Archivist.
Presidential records has the meaning
given by 44 U.S.C. 2201(2).
Subpart B—Custody and Control of
Presidential Records
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§ 1270.20 Presidential records in the
physical custody of the Archivist.
During a President’s term of office, the
President may request that the Archivist
maintain physical custody of
Presidential records, including digital or
electronic records. However, the
President remains exclusively
responsible for control and access to
their records until their term of office
concludes. During the President’s terms
of office, the Archivist does not disclose
any of these records, except under the
President’s direction, until the
President’s term of office concludes. If
a President serves consecutive terms,
the Archivist does not disclose records
without the President’s direction until
the end of the last term, or the end of
another period if specified in 44 U.S.C.
2204 and subpart E of this part.
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§ 1270.24 When the Archivist may act for
a President.
If a President specifies restrictions on
access to Presidential records under 44
U.S.C. 2204(a), but has not made a
designation under § 1270.22 at the time
of their death or disability, the Archivist
exercises the President’s discretion or
authority under 44 U.S.C. 2204, except
as limited by 44 U.S.C. 2208 and
§ 1270.48.
Subpart C—Disposing of Presidential
Records
§ 1270.30 Disposing of Presidential
records by an incumbent President.
An incumbent President may dispose
of any Presidential records of their
administration that, in the President’s
opinion, lack administrative, historical,
informational, or evidentiary value, if
the President obtains the Archivist’s
written views about the proposed
disposal and either—
(a) Those views state that the
Archivist does not intend to request
Congress’s advice on the matter because
the Archivist either does not consider
the records proposed for disposal to be
of special interest to Congress or does
not consider it to be in the public
interest to consult with Congress about
the proposed disposal; or
(b)(1) Those views state that the
Archivist considers either that the
records proposed for disposal may be of
special interest to Congress or that
consulting with Congress about the
proposed disposal is in the public
interest; and
(2) The President submits copies of
the proposed disposal schedule to the
Senate and the House of Representatives
at least 60 calendar days of continuous
congressional session before the
proposed disposal date. For the purpose
of this section, a continuous
congressional session breaks only when
Congress adjourns sine die (with no date
set to resume). If either House of
Congress adjourns with a date set to
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resume, and breaks for more than three
days, the adjourned days do not count
when computing the 60-day timeline.
The President submits copies of the
proposed disposal schedule to the
Senate Committees on Rules and
Administration and Homeland Security
and Governmental Affairs, and to the
House Committees on House
Administration and Oversight and
Government Reform.
§ 1270.32 Disposing of Presidential
records in the Archivist’s custody.
(a) The Archivist may dispose of
Presidential records in the Archivist’s
legal custody that the Archivist
appraises and determines to have
insufficient administrative, historical,
informational, or evidentiary value to
warrant continuing to preserve them.
(b) If the Archivist determines that
Presidential records have insufficient
value under paragraph (a) of this
section, the Archivist publishes a
proposed disposal notice in the Federal
Register with a public comment period
of at least 45 days. The notice describes
the records the Archivist proposes to
dispose of, the reason for disposing of
them, and the projected earliest disposal
date.
(c) After the public comment period
in paragraph (b) of this section, the
Archivist publishes a final disposal
notice in the Federal Register at least 60
calendar days before the earliest
disposal date. The notice includes:
(1) A reasonably specific description
of the records scheduled for disposal;
(2) The earliest disposal date; and
(3) A concise statement of the reason
for disposing of the records.
(d) Publishing the notice required by
paragraph (c) of this section in the
Federal Register constitutes a final
agency action for purposes of review
under 5 U.S.C. 701–706.
Subpart D—Accessing Presidential
Records
§ 1270.38
records.
Public access to Presidential
Public access to Presidential records
generally begins five years after the
President leaves office, and is
administered through the Freedom of
Information Act (5 U.S.C. 552), as
modified by the Presidential Records
Act (44 U.S.C. 2204(c)).
§ 1270.40 Restricting access to
Presidential records.
(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
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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.
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§ 1270.42
Appealing restricted access.
(a) If the Archivist denies a person
access to a Presidential record or a
reasonably segregable portion of it due
to a restriction made under § 1270.40,
that person may file an administrative
appeal. To file an administrative appeal
requesting access to Presidential
records, send it to the director of the
Presidential Library of the President
during whose term of office the record
was created, at the address listed in 36
CFR 1253.3. To file an administrative
appeal requesting access to Vice
Presidential records, send it to the
director of the Presidential Materials
Division at the address listed in 36 CFR
1253.1.
(b) An appeal must arrive to the
director within 90 calendar days from
the date on the access denial letter.
(c) Appeals must be in writing and
must identify:
(1) The specific records the requester
is seeking; and
(2) The reasons why the requester
believes they should have access to the
records.
(d) The director responds to the
requester in writing and within 30
working days from the date they receive
the appeal. The director’s response
states whether or not the director is
granting access to the Presidential
records and the basis for that decision.
The director’s decision to withhold
release of Presidential records is final
and is not subject to judicial review.
§ 1270.44
Exceptions to restricted access.
(a) Even when a President imposes
restrictions on access under § 1270.40,
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NARA still makes Presidential records
of former Presidents available in the
following instances, subject to any
rights, defenses, or privileges which the
United States or any agency or person
may invoke:
(1) To a court of competent
jurisdiction in response to a properly
issued subpoena or other judicial
process, for the purposes of any civil or
criminal investigation or proceeding;
(2) To an incumbent President if the
President seeks records that contain
information they need to conduct
current Presidential business and the
information is not otherwise available;
(3) To either House of Congress, or to
a congressional committee or
subcommittee, if the congressional
entity seeks records that contain
information it needs to conduct
business within its jurisdiction and the
information is not otherwise available;
or
(4) To a former President or their
designated representative for access to
the Presidential records of that
President’s administration, except that
the Archivist does not make any original
Presidential records available to a
designated representative that has been
convicted of a crime that involves
reviewing, retaining, removing, or
destroying NARA records.
(b) The President, either House of
Congress, or a congressional committee
or subcommittee must request the
records they seek under paragraph (a) of
this section from the Archivist in
writing and, where practicable, identify
the records with reasonable specificity.
(c) The Archivist promptly notifies
the President (or their representative)
during whose term of office the record
was created, and the incumbent
President (or their representative) of a
request for records under paragraph (a)
of this section.
(d) Once the Archivist notifies the
former and incumbent Presidents of the
Archivist’s intent to disclose records
under this section, either President may
assert a claim of constitutionally based
privilege against disclosing the record or
a reasonably segregable portion of it
within 30 calendar days after the date of
the Archivist’s notice. The incumbent or
former President must personally make
any decision to assert a claim of
constitutionally based privilege against
disclosing a Presidential record or a
reasonably segregable portion of it.
(e) The Archivist does not disclose a
Presidential record or reasonably
segregable part of a record if it is subject
to a privilege claim asserted by the
incumbent President unless:
(1) The incumbent President
withdraws the privilege claim; or
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(2) A court of competent jurisdiction
directs the Archivist to release the
record through a final court order that
is not subject to appeal.
(f)(1) If a former President asserts the
claim, the Archivist consults with the
incumbent President, as soon as
practicable and within 30 calendar days
from the date that the Archivist receives
notice of the claim, to determine
whether the incumbent President will
uphold the claim.
(2) If the incumbent President
upholds the claim asserted by the
former President, the Archivist does not
disclose the Presidential record or a
reasonably segregable portion of the
record unless:
(i) The incumbent President
withdraws the decision upholding the
claim; or
(ii) A court of competent jurisdiction
directs the Archivist to disclose the
record through a final court order that
is not subject to appeal.
(3) If the incumbent President does
not uphold the claim asserted by the
former President, fails to decide before
the end of the 30-day period detailed in
paragraph (f)(1) of this section, or
withdraws a decision upholding the
claim, the Archivist discloses the
Presidential record 60 calendar days
after the Archivist received notification
of the claim (or 60 days after the
withdrawal) unless a court order in an
action in any Federal court directs the
Archivist to withhold the record,
including an action initiated by the
former President under 44 U.S.C.
2204(e).
(g) The Archivist may adjust any time
period or deadline under this subpart,
as appropriate, to accommodate records
requested under this section.
§ 1270.46 Notice of intent to disclose
Presidential records to the public.
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;
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(4) The date on which the 60-workingday period set out in § 1270.48(a)
expires; and
(5) Any other information the
Archivist may decide.
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§ 1270.48 Releasing records to the public
and claiming privilege against disclosure.
(a) Once the Archivist notifies the
former and incumbent Presidents of the
Archivist’s intent to disclose records
under § 1270.46, either President may
assert a claim of constitutionally based
privilege against disclosing the record or
a reasonably segregable portion of it. A
President must assert their claim within
60 working days after the date of the
Archivist’s notice, and make the claim
in accordance with paragraph (d) of this
section.
(b) If neither President asserts a claim
within the 60-working-day period, the
Archivist discloses the Presidential
record covered by the notice. If either
President asserts a claim on a
reasonably segregable part of the record,
the Archivist may disclose only the
portion of the record not subject to the
claim.
(c)(1) The incumbent or former
President may extend the period under
paragraph (a) of this section once, for
not more than 30 additional working
days, by sending the Archivist a written
statement asserting that the President
needs the extension to adequately
review the record.
(2) However, if the 60-day period
under paragraph (a) of this section, or
any extension of that period under
paragraph (c)(1) of this section, would
end during the first six months of the
incumbent President’s first term of
office, then the 60-day period or
extension automatically extends to the
end of that six-month period.
(d)(1) The incumbent or former
President must personally make any
decision to assert a claim of
constitutionally based privilege against
disclosing a Presidential record or a
reasonably segregable portion of it.
(2) The President must notify the
Archivist, the Committee on Oversight
and Government Reform of the House of
Representatives, and the Committee on
Homeland Security and Governmental
Affairs of the Senate, of a privilege
claim under paragraph (a) of this section
on the same day that the President
asserts such a claim.
(e)(1) If a former President asserts the
claim, the Archivist consults with the
incumbent President, as soon as
practicable and within 30 calendar days
from the date that the Archivist receives
notice of the claim, to determine
whether the incumbent President will
uphold the claim.
VerDate Sep<11>2014
16:16 Jun 07, 2017
Jkt 241001
(2) The Archivist notifies the former
President and the public of the
incumbent President’s decision on the
former President’s claim no later than
30 calendar days after the Archivist
receives notice of the claim.
(3) If the incumbent President
upholds the claim asserted by the
former President, the Archivist does not
disclose the Presidential record or a
reasonably segregable portion of the
record unless:
(i) The incumbent President
withdraws the decision upholding the
claim; or
(ii) A court of competent jurisdiction
directs the Archivist to disclose the
record through a final court order that
is not subject to appeal.
(4) If the incumbent President does
not uphold the claim asserted by the
former President, fails to decide before
the end of the 30-day period detailed in
paragraph (e)(1) of this section, or
withdraws a decision upholding the
claim, the Archivist discloses the
Presidential record 90 calendar days
after the Archivist received notification
of the claim (or 90 days after the
withdrawal) unless a court order in an
action in any Federal court directs the
Archivist to withhold the record,
including an action initiated by the
former President under 44 U.S.C.
2204(e).
(f) The Archivist does not disclose a
Presidential record or reasonably
segregable part of a record if it is subject
to a privilege claim asserted by the
incumbent President unless:
(1) The incumbent President
withdraws the privilege claim; or
(2) A court of competent jurisdiction
directs the Archivist to release the
record through a final court order that
is not subject to appeal.
§ 1270.50 Consulting with law enforcement
agencies.
(a) The Archivist requests specific
guidance from the appropriate law
enforcement agency when the Archivist
is determining whether to release
Presidential records compiled for law
enforcement purposes that may be
subject to 5 U.S.C. 552(b)(7). The
Archivist requests guidance if:
(1) No general guidance applies;
(2) The record is particularly
sensitive; or
(3) The type of record or information
is widespread throughout the files.
(b) When the Archivist decides to
release Presidential records compiled
for law enforcement purposes, the
Archivist notifies any agency that has
provided guidance on those records
under this section. The notice includes
the following:
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
(1) A description of the records in
question;
(2) A statement that the records
described contain information compiled
for law enforcement purposes and may
be subject to the exemption provided by
5 U.S.C. 552(b)(7) for records of this
type; and
(3) The name of a contact person at
NARA.
(c) Any guidance an agency provides
under paragraph (a) of this section is not
binding on the Archivist. The Archivist
decides whether Presidential records are
subject to the exemption in 5 U.S.C.
552(b)(7).
David S. Ferriero,
Archivist of the United States.
[FR Doc. 2017–11895 Filed 6–7–17; 8:45 am]
BILLING CODE 7515–01–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 60
RIN 2900–AP45
Fisher Houses and Other Temporary
Lodging
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is amending its regulations
concerning Fisher House and other
temporary lodging furnished by VA
while a veteran is experiencing an
episode of care at a VA medical facility.
Such lodging is generally furnished at
no cost to veterans’ relatives, close
friends, and caregivers, because VA’s
experience has shown that veterans’
treatment outcomes are improved by
having loved ones nearby. The final rule
updates current regulations and better
describes the application process for
this lodging along with generally
reflecting current VA policy and
practice.
SUMMARY:
This final rule is effective July
10, 2017.
FOR FURTHER INFORMATION CONTACT:
Jennifer Koget, National Fisher House
and Family Hospitality Program
Manager, Care Management and Social
Work (10P4C), Veterans Health
Administration, Department of Veterans
Affairs, 810 Vermont Avenue NW.,
Washington, DC 20420, (202) 461–6780.
(This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: VA’s
program for providing temporary
lodging for certain individuals is
authorized by section 1708 of title 38,
United States Code (U.S.C.). Under
DATES:
E:\FR\FM\08JNR1.SGM
08JNR1
]]>Agencies
[Federal Register Volume 82, Number 109 (Thursday, June 8, 2017)]
[Rules and Regulations]
[Pages 26588-26592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11895]
=======================================================================
-----------------------------------------------------------------------
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
36 CFR Part 1270
[FDMS No. NARA-16-0005; NARA-2017-042]
RIN 3095-AB87
Presidential Records
AGENCY: National Archives and Records Administration (NARA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are revising this regulation to reflect changes instituted
by the Presidential and Federal Records Acts Amendments of 2014 (2014
Amendments). These Amendments in part added new requirements to the
Presidential Records Act (PRA), which went into effect in 2014. The
changes to this regulation make clear that, when we maintain electronic
Presidential records on behalf of the President before the President's
term of office expires, the President retains exclusive control over
the records. In addition, the proposed changes establish procedures
that we will follow to notify an incumbent President and former
President when we propose to disclose Presidential records to the
public, Congress, the courts, or the incumbent President under the
provisions of the PRA allowing for access to Presidential records
otherwise subject to restrictions. We began the regulatory revision
process in response to the 2014 Amendments to reduce confusion about
access to Presidential records in light of these recent changes in the
law. We published a notice of proposed rulemaking in the Federal
Register on
[[Page 26589]]
December 28, 2016, with a public comment period ending on January 27,
2017. We received no comments.
DATES: This rule is effective on July 10, 2017.
ADDRESSES: National Archives and Records Administration; Regulation
Comments Desk, Suite 4100; 8601 Adelphi Road; College Park, MD 2074-
6001.
FOR FURTHER INFORMATION CONTACT: Kimberly Keravuori, by email at
regulation_comments@nara.gov, by telephone at 301-837-3151, or by mail
at External Policy Program Manager; Strategy Division (MP), Suite 4100;
National Archives and Records Administration; 8601 Adelphi Road;
College Park, MD 20740-6001.
SUPPLEMENTARY INFORMATION:
Background
We are revising our regulations governing Presidential and Vice
Presidential records to incorporate changes made by the Presidential
and Federal Records Act Amendments of 2014, (``2014 Amendments,'' Pub.
L. 113-187, 128 Stat. 1017).
The 2014 Amendments made several changes to the Presidential
Records Act (44 U.S.C. 2201-2209). The most substantial change was
codifying the procedures by which we notify former and incumbent
Presidents so that they may consider whether to restrict public access
to Presidential records of former Presidents that are in our legal
custody. Executive order previously controlled this review process,
which was then subject to change by any sitting administration. Because
Congress codified the privilege review for public disclosures in the
2014 Amendments, we are revising the regulation to set out processes
for giving notice in such cases, and for former or incumbent Presidents
to consider whether to assert a constitutionally based privilege.
The 2014 Amendments did not codify the provisions of the Executive
Order allowing for notification to the former and incumbent President
when Congress, the courts, or the incumbent President (instead of the
public) makes the request for records subject to access restrictions.
To ensure that the former and incumbent Presidents are given notice and
an opportunity to consider whether to assert a constitutionally based
privilege in those circumstances as well, we are revising our
regulation to set out procedures we follow prior to disclosing records
under the PRA's exceptions to restricted access, which are similar to
the procedures we follow when we propose to make disclosures to the
public.
The 2014 Amendments also authorized an incumbent President to
transfer physical custody of their permanent electronic Presidential
records to NARA, while leaving legal custody with the President, and
some other minor changes. We are therefore also revising the regulation
to reflect these changes.
We are also making a small revision to the regulation to be
consistent with 2016 amendments to the Freedom of Information Act, and
are revising the wording and organization of the regulation to make it
easier to follow, in compliance with provisions of the Plain Writing
Act of 2010.
Regulatory Analysis
Review Under Executive Orders 12866 and 13563
Executive Order 12866, Regulatory Planning and Review, 58 FR 51735
(September 30, 1993), and Executive Order 13563, Improving Regulation
and Regulation Review, 76 FR 23821 (January 18, 2011), direct agencies
to assess all costs and benefits of available regulatory alternatives
and, if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
This rule is ``significant'' under section 3(f) of Executive Order
12866. It involves revisions to existing regulations to bring them in
line with statutory changes, and affects only individuals or Government
entities and access to Presidential or Vice Presidential records. The
Office of Management and Budget (OMB) has reviewed this regulation.
Review Under Executive Order 13771
This action is exempt from Executive Order 13771, 82 FR 9339
(February 3, 2017) because it is a regulation issued with respect to
agency organization and management.
Review Under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.)
Although this rule is not subject to the Regulatory Flexibility
Act, see 5 U.S.C. 553(a)(2), 601(2), NARA has considered whether this
rule, if promulgated, would have a significant economic impact on a
substantial number of small entities (5 U.S.C. 603). NARA certifies,
after review and analysis, that this rule will not have a significant
adverse economic impact on a substantial number of small entities
because it affects only individuals or Government entities and access
to Presidential or Vice Presidential records.
Review Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et
seq.)
This rule does not contain any information collection requirements
subject to the Paperwork Reduction Act.
Review Under Executive Order 13132, Federalism, 64 FR 43255 (August 4,
1999)
Review under Executive Order 13132 requires that agencies review
regulations for Federalism effects on the institutional interest of
states and local governments, and, if the effects are sufficiently
substantial, prepare a Federal assessment to assist senior policy
makers. This rule will not have any direct effects on State and local
governments within the meaning of the Executive Order. Therefore, the
regulation requires no Federalism assessment.
List of Subjects in 36 CFR Part 1270
Archives and records, Government in the Sunshine Act, Open
government, Presidential records.
0
For the reasons stated in the preamble, NARA revises 36 CFR part 1270
to read as follows:
PART 1270--PRESIDENTIAL RECORDS
Subpart A--General Provisions
Sec.
1270.1 Scope of part.
1270.2 Application.
1270.4 Definitions.
Subpart B--Custody and Control of Presidential Records
1270.20 Presidential records in the physical custody of the
Archivist.
1270.22 Designating a representative to act for a President.
1270.24 When the Archivist may act for a President.
Subpart C--Disposing of Presidential Records
1270.30 Disposing of Presidential records by an incumbent President.
1270.32 Disposing of Presidential records in the Archivist's
custody.
Subpart D--Accessing Presidential Records
1270.38 Public access to Presidential records.
1270.40 Restricting access to Presidential records.
1270.42 Appealing restricted access.
1270.44 Exceptions to restricted access.
1270.46 Notice of intent to disclose Presidential records to the
public.
1270.48 Releasing records to the public and claiming privilege
against disclosure.
1270.50 Consulting with law enforcement agencies.
Authority: 44 U.S.C. 2201-2209.
[[Page 26590]]
Subpart A--General Provisions
Sec. 1270.1 Scope of part.
This part implements the provisions of the Presidential Records Act
of 1978, as amended, 44 U.S.C. 2201-2209, and establishes requirements
for preserving, protecting, disposing of, and providing access to all
Presidential and Vice-Presidential records created during a
Presidential or Vice Presidential term of office beginning on or after
January 20, 1981.
Sec. 1270.2 Application.
This part, except Sec. Sec. 1270.46 and 1270.48, applies to Vice-
Presidential records in the same manner as to Presidential records. The
Vice President's duties and responsibilities, with respect to Vice-
Presidential records, are the same as the President's duties and
responsibilities with respect to Presidential records, except those in
Sec. Sec. 1270.46 and 1270.48. The Archivist's authority with respect
to Vice-Presidential records is the same as the Archivist's authority
with respect to Presidential records, except that the Archivist may
enter into an agreement with a non-Federal archival repository to
deposit Vice-Presidential records, if the Archivist determines it to be
in the public interest.
Sec. 1270.4 Definitions.
For the purposes of this part--
Agency has the meaning given by 5 U.S.C. 551(1)(A)-(D) and 552(f).
Archivist means the Archivist of the United States or staff of the
National Archives and Records Administration acting on behalf of the
Archivist.
Presidential records has the meaning given by 44 U.S.C. 2201(2).
Subpart B--Custody and Control of Presidential Records
Sec. 1270.20 Presidential records in the physical custody of the
Archivist.
During a President's term of office, the President may request that
the Archivist maintain physical custody of Presidential records,
including digital or electronic records. However, the President remains
exclusively responsible for control and access to their records until
their term of office concludes. During the President's terms of office,
the Archivist does not disclose any of these records, except under the
President's direction, until the President's term of office concludes.
If a President serves consecutive terms, the Archivist does not
disclose records without the President's direction until the end of the
last term, or the end of another period if specified in 44 U.S.C. 2204
and subpart E of this part.
Sec. 1270.22 Designating a representative to act for a President.
(a) Title 44 U.S.C. chapter 22 grants the President certain
discretion and authority over Presidential records. An incumbent or
former President may designate one or more representatives to exercise
this discretion and authority, including in the event of the
President's death or disability.
(b) The designation under paragraph (a) of this section is
effective only if the Archivist receives written notice of it,
including the names of the representatives, before the President dies
or is disabled.
Sec. 1270.24 When the Archivist may act for a President.
If a President specifies restrictions on access to Presidential
records under 44 U.S.C. 2204(a), but has not made a designation under
Sec. 1270.22 at the time of their death or disability, the Archivist
exercises the President's discretion or authority under 44 U.S.C. 2204,
except as limited by 44 U.S.C. 2208 and Sec. 1270.48.
Subpart C--Disposing of Presidential Records
Sec. 1270.30 Disposing of Presidential records by an incumbent
President.
An incumbent President may dispose of any Presidential records of
their administration that, in the President's opinion, lack
administrative, historical, informational, or evidentiary value, if the
President obtains the Archivist's written views about the proposed
disposal and either--
(a) Those views state that the Archivist does not intend to request
Congress's advice on the matter because the Archivist either does not
consider the records proposed for disposal to be of special interest to
Congress or does not consider it to be in the public interest to
consult with Congress about the proposed disposal; or
(b)(1) Those views state that the Archivist considers either that
the records proposed for disposal may be of special interest to
Congress or that consulting with Congress about the proposed disposal
is in the public interest; and
(2) The President submits copies of the proposed disposal schedule
to the Senate and the House of Representatives at least 60 calendar
days of continuous congressional session before the proposed disposal
date. For the purpose of this section, a continuous congressional
session breaks only when Congress adjourns sine die (with no date set
to resume). If either House of Congress adjourns with a date set to
resume, and breaks for more than three days, the adjourned days do not
count when computing the 60-day timeline. The President submits copies
of the proposed disposal schedule to the Senate Committees on Rules and
Administration and Homeland Security and Governmental Affairs, and to
the House Committees on House Administration and Oversight and
Government Reform.
Sec. 1270.32 Disposing of Presidential records in the Archivist's
custody.
(a) The Archivist may dispose of Presidential records in the
Archivist's legal custody that the Archivist appraises and determines
to have insufficient administrative, historical, informational, or
evidentiary value to warrant continuing to preserve them.
(b) If the Archivist determines that Presidential records have
insufficient value under paragraph (a) of this section, the Archivist
publishes a proposed disposal notice in the Federal Register with a
public comment period of at least 45 days. The notice describes the
records the Archivist proposes to dispose of, the reason for disposing
of them, and the projected earliest disposal date.
(c) After the public comment period in paragraph (b) of this
section, the Archivist publishes a final disposal notice in the Federal
Register at least 60 calendar days before the earliest disposal date.
The notice includes:
(1) A reasonably specific description of the records scheduled for
disposal;
(2) The earliest disposal date; and
(3) A concise statement of the reason for disposing of the records.
(d) Publishing the notice required by paragraph (c) of this section
in the Federal Register constitutes a final agency action for purposes
of review under 5 U.S.C. 701-706.
Subpart D--Accessing Presidential Records
Sec. 1270.38 Public access to Presidential records.
Public access to Presidential records generally begins five years
after the President leaves office, and is administered through the
Freedom of Information Act (5 U.S.C. 552), as modified by the
Presidential Records Act (44 U.S.C. 2204(c)).
Sec. 1270.40 Restricting access to Presidential records.
(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
[[Page 26591]]
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.
Sec. 1270.42 Appealing restricted access.
(a) If the Archivist denies a person access to a Presidential
record or a reasonably segregable portion of it due to a restriction
made under Sec. 1270.40, that person may file an administrative
appeal. To file an administrative appeal requesting access to
Presidential records, send it to the director of the Presidential
Library of the President during whose term of office the record was
created, at the address listed in 36 CFR 1253.3. To file an
administrative appeal requesting access to Vice Presidential records,
send it to the director of the Presidential Materials Division at the
address listed in 36 CFR 1253.1.
(b) An appeal must arrive to the director within 90 calendar days
from the date on the access denial letter.
(c) Appeals must be in writing and must identify:
(1) The specific records the requester is seeking; and
(2) The reasons why the requester believes they should have access
to the records.
(d) The director responds to the requester in writing and within 30
working days from the date they receive the appeal. The director's
response states whether or not the director is granting access to the
Presidential records and the basis for that decision. The director's
decision to withhold release of Presidential records is final and is
not subject to judicial review.
Sec. 1270.44 Exceptions to restricted access.
(a) Even when a President imposes restrictions on access under
Sec. 1270.40, NARA still makes Presidential records of former
Presidents available in the following instances, subject to any rights,
defenses, or privileges which the United States or any agency or person
may invoke:
(1) To a court of competent jurisdiction in response to a properly
issued subpoena or other judicial process, for the purposes of any
civil or criminal investigation or proceeding;
(2) To an incumbent President if the President seeks records that
contain information they need to conduct current Presidential business
and the information is not otherwise available;
(3) To either House of Congress, or to a congressional committee or
subcommittee, if the congressional entity seeks records that contain
information it needs to conduct business within its jurisdiction and
the information is not otherwise available; or
(4) To a former President or their designated representative for
access to the Presidential records of that President's administration,
except that the Archivist does not make any original Presidential
records available to a designated representative that has been
convicted of a crime that involves reviewing, retaining, removing, or
destroying NARA records.
(b) The President, either House of Congress, or a congressional
committee or subcommittee must request the records they seek under
paragraph (a) of this section from the Archivist in writing and, where
practicable, identify the records with reasonable specificity.
(c) The Archivist promptly notifies the President (or their
representative) during whose term of office the record was created, and
the incumbent President (or their representative) of a request for
records under paragraph (a) of this section.
(d) Once the Archivist notifies the former and incumbent Presidents
of the Archivist's intent to disclose records under this section,
either President may assert a claim of constitutionally based privilege
against disclosing the record or a reasonably segregable portion of it
within 30 calendar days after the date of the Archivist's notice. The
incumbent or former President must personally make any decision to
assert a claim of constitutionally based privilege against disclosing a
Presidential record or a reasonably segregable portion of it.
(e) The Archivist does not disclose a Presidential record or
reasonably segregable part of a record if it is subject to a privilege
claim asserted by the incumbent President unless:
(1) The incumbent President withdraws the privilege claim; or
(2) A court of competent jurisdiction directs the Archivist to
release the record through a final court order that is not subject to
appeal.
(f)(1) If a former President asserts the claim, the Archivist
consults with the incumbent President, as soon as practicable and
within 30 calendar days from the date that the Archivist receives
notice of the claim, to determine whether the incumbent President will
uphold the claim.
(2) If the incumbent President upholds the claim asserted by the
former President, the Archivist does not disclose the Presidential
record or a reasonably segregable portion of the record unless:
(i) The incumbent President withdraws the decision upholding the
claim; or
(ii) A court of competent jurisdiction directs the Archivist to
disclose the record through a final court order that is not subject to
appeal.
(3) If the incumbent President does not uphold the claim asserted
by the former President, fails to decide before the end of the 30-day
period detailed in paragraph (f)(1) of this section, or withdraws a
decision upholding the claim, the Archivist discloses the Presidential
record 60 calendar days after the Archivist received notification of
the claim (or 60 days after the withdrawal) unless a court order in an
action in any Federal court directs the Archivist to withhold the
record, including an action initiated by the former President under 44
U.S.C. 2204(e).
(g) The Archivist may adjust any time period or deadline under this
subpart, as appropriate, to accommodate records requested under this
section.
Sec. 1270.46 Notice of intent to disclose Presidential records to the
public.
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 Sec. 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;
[[Page 26592]]
(4) The date on which the 60-working-day period set out in Sec.
1270.48(a) expires; and
(5) Any other information the Archivist may decide.
Sec. 1270.48 Releasing records to the public and claiming privilege
against disclosure.
(a) Once the Archivist notifies the former and incumbent Presidents
of the Archivist's intent to disclose records under Sec. 1270.46,
either President may assert a claim of constitutionally based privilege
against disclosing the record or a reasonably segregable portion of it.
A President must assert their claim within 60 working days after the
date of the Archivist's notice, and make the claim in accordance with
paragraph (d) of this section.
(b) If neither President asserts a claim within the 60-working-day
period, the Archivist discloses the Presidential record covered by the
notice. If either President asserts a claim on a reasonably segregable
part of the record, the Archivist may disclose only the portion of the
record not subject to the claim.
(c)(1) The incumbent or former President may extend the period
under paragraph (a) of this section once, for not more than 30
additional working days, by sending the Archivist a written statement
asserting that the President needs the extension to adequately review
the record.
(2) However, if the 60-day period under paragraph (a) of this
section, or any extension of that period under paragraph (c)(1) of this
section, would end during the first six months of the incumbent
President's first term of office, then the 60-day period or extension
automatically extends to the end of that six-month period.
(d)(1) The incumbent or former President must personally make any
decision to assert a claim of constitutionally based privilege against
disclosing a Presidential record or a reasonably segregable portion of
it.
(2) The President must notify the Archivist, the Committee on
Oversight and Government Reform of the House of Representatives, and
the Committee on Homeland Security and Governmental Affairs of the
Senate, of a privilege claim under paragraph (a) of this section on the
same day that the President asserts such a claim.
(e)(1) If a former President asserts the claim, the Archivist
consults with the incumbent President, as soon as practicable and
within 30 calendar days from the date that the Archivist receives
notice of the claim, to determine whether the incumbent President will
uphold the claim.
(2) The Archivist notifies the former President and the public of
the incumbent President's decision on the former President's claim no
later than 30 calendar days after the Archivist receives notice of the
claim.
(3) If the incumbent President upholds the claim asserted by the
former President, the Archivist does not disclose the Presidential
record or a reasonably segregable portion of the record unless:
(i) The incumbent President withdraws the decision upholding the
claim; or
(ii) A court of competent jurisdiction directs the Archivist to
disclose the record through a final court order that is not subject to
appeal.
(4) If the incumbent President does not uphold the claim asserted
by the former President, fails to decide before the end of the 30-day
period detailed in paragraph (e)(1) of this section, or withdraws a
decision upholding the claim, the Archivist discloses the Presidential
record 90 calendar days after the Archivist received notification of
the claim (or 90 days after the withdrawal) unless a court order in an
action in any Federal court directs the Archivist to withhold the
record, including an action initiated by the former President under 44
U.S.C. 2204(e).
(f) The Archivist does not disclose a Presidential record or
reasonably segregable part of a record if it is subject to a privilege
claim asserted by the incumbent President unless:
(1) The incumbent President withdraws the privilege claim; or
(2) A court of competent jurisdiction directs the Archivist to
release the record through a final court order that is not subject to
appeal.
Sec. 1270.50 Consulting with law enforcement agencies.
(a) The Archivist requests specific guidance from the appropriate
law enforcement agency when the Archivist is determining whether to
release Presidential records compiled for law enforcement purposes that
may be subject to 5 U.S.C. 552(b)(7). The Archivist requests guidance
if:
(1) No general guidance applies;
(2) The record is particularly sensitive; or
(3) The type of record or information is widespread throughout the
files.
(b) When the Archivist decides to release Presidential records
compiled for law enforcement purposes, the Archivist notifies any
agency that has provided guidance on those records under this section.
The notice includes the following:
(1) A description of the records in question;
(2) A statement that the records described contain information
compiled for law enforcement purposes and may be subject to the
exemption provided by 5 U.S.C. 552(b)(7) for records of this type; and
(3) The name of a contact person at NARA.
(c) Any guidance an agency provides under paragraph (a) of this
section is not binding on the Archivist. The Archivist decides whether
Presidential records are subject to the exemption in 5 U.S.C.
552(b)(7).
David S. Ferriero,
Archivist of the United States.
[FR Doc. 2017-11895 Filed 6-7-17; 8:45 am]
BILLING CODE 7515-01-P
