[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR171.24]

[Page 714-715]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 171_AVAILABILITY OF INFORMATION AND RECORDS TO THE PUBLIC
--Table of Contents
 
               Subpart C_Executive Order 12958 Provisions
 
Sec. 171.24  Access by historical researchers and certain former 
government personnel.

    (a) The restriction in E.O. 12958 and predecessor orders on limiting 
access to classified information to individuals who have a need-to-know 
the information may be waived, under the conditions set forth below, for 
persons who:
    (1) Are engaged in historical research projects;
    (2) Have served as Presidential or Vice Presidential appointees as 
defined in Sec. 171.20(j), or
    (3) Served as President or Vice President.
    (b) Requests by such persons must be submitted in writing to the 
Information and Privacy Coordinator at the address set forth in Sec. 
171.5 and must include a general description of the records sought, the 
time period covered by the request, and an explanation why access is 
sought. Requests for access by such requesters may be granted if:
    (1) The Secretary or the Senior Agency Official determines in 
writing that access is consistent with the interests of national 
security;
    (2) The requester agrees in writing to safeguard the information 
from unauthorized disclosure or compromise;
    (3) The requester submits a statement in writing authorizing the 
Department to review any notes and manuscripts created as a result of 
access;
    (4) The requester submits a statement in writing that any 
information obtained from review of the records will not be disseminated 
without the express written permission of the Department;
    (c) If a requester uses a research assistant, the requester and the 
research assistant must both submit a statement in writing acknowledging 
that the same access conditions set forth in paragraph (b)(4) of this 
section apply to the research assistant. Such a research assistant must 
be working for the applicant and not gathering information for 
publication on his or her own behalf.
    (d) Access granted under this section shall be limited to items the 
appointee originated, reviewed, signed, or received while serving as a 
Presidential or Vice Presidential appointee or as President or Vice 
President.
    (e) Such requesters may seek declassification and release of 
material to which they have been granted access under this section 
through either the FOIA or the mandatory declassification review 
provisions of E.O. 12958. Such requests shall be processed in the order 
received, along with other FOIA

[[Page 715]]

and mandatory declassification review requests, and shall be subject to 
the fees applicable to FOIA requests.