[Code of Federal Regulations]

[Title 22, Volume 1]

[Revised as of April 1, 2006]

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

[CITE: 22CFR171.24]



[Page 759-760]

 

                       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 760]]



and mandatory declassification review requests, and shall be subject to 

the fees applicable to FOIA requests.