[Code of Federal Regulations]
[Title 32, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR197.4]

[Page 56-57]
 
                       TITLE 32--NATIONAL DEFENSE
 
        CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED)
 
PART 197_HISTORICAL RESEARCH IN THE FILES OF THE OFFICE OF THE SECRETARY OF 
 
Sec. 197.4  Policy.

    It is DoD policy, pursuant to E.O. 12958, that:
    (a) Anyone accessing classified material must possess the requisite 
security clearance.
    (b) Information requested by historical researchers shall be 
accessed at a DoD activity or facility under the control of the National 
Archives and Records Administration (NARA). Usually such access will 
occur at either the Washington National Records Center (WNRC) in 
Suitland, Maryland, or NARA's Archives II in College Park, Maryland.
    (c) Access to records by historical researchers shall be limited to 
the specific records within the scope of the proposed historical 
research over which the Department of Defense has classification 
authority. Access shall also be limited to any other records for which 
the written consent of other Agencies that have classification authority 
over information contained in or revealed by the records has been 
obtained.
    (d) Access to unclassified OSD Component files by historical 
researchers shall be permitted consistent with the restrictions of the 
exemptions of the Freedom of Information Act that are contained in E.O. 
12958 and explained in the appendix B to this part (5 U.S.C. 552). The 
procedures for access to classified information shall be used if the 
requested unclassified information is contained in OSD files whose 
overall markings are classified.
    (e) Under E.O. 12958, or its successor, persons permanently assigned 
within the Executive Branch may be authorized access to classified 
information for official projects under DoD classification authority, 
provided such access is essential to the accomplishment of a lawful and 
authorized Government purpose and a written determination of the 
trustworthiness of the persons has been made.
    (f) Under E.O. 12958 and paragraph C6.2.2. of DoD 5200.01-R, persons 
not permanently assigned within the Executive Branch who are engaged in 
historical research projects or persons permanently assigned within the 
Executive Branch engaged in personal, i.e. unofficial projects, may be 
authorized access to classified information under DoD classification 
authority. The authorization shall be based on a written determination 
of the researcher's trustworthiness, on the proposed access being in the 
interests of national security, and on the researcher signing a copy of 
the letter (appendix E to this part) by which he or she agrees to 
safeguard the information and to authorize a review of any notes and 
manuscript for a determination that they contain no classified 
information.
    (g) Access for former Presidential appointees is limited to records 
they originated, reviewed, signed, or received while serving as 
Presidential appointees.
    (h) Contractors working for Executive Branch Agencies may be allowed 
access to classified OSD Component files. No copies of still classified 
documents will be released directly to a contractor. All copies of 
classified documents needed for a classified project will be forwarded 
to the office of the Contracting Government Agency responsible for 
monitoring the project. The monitoring office will be responsible for 
ensuring that the contractor safeguards the documents. The information 
is only used for the project for which it was requested, and that the 
contractor returns the documents upon completion of the final project. 
All copies of documents needed for an unclassified project will undergo 
a mandatory declassification review before the copies are released to 
the contractor to use in the project.
    (i) The records maintained in OSD Component office files and at the 
WNRC cannot be segregated, requiring that authorization be received from 
all agencies whose classified information is or is expected to be in the 
requested files for access to be permitted.
    (j) All researchers must hold security clearances at the 
classification level of the requested information. In addition, all DoD 
employed requesters, to include DoD contractors, must have Critical 
Nuclear Weapons Design Information (CNWDI) access and all other 
Executive Branch and non-Executive

[[Page 57]]

Branch requesters must have a Department of Energy issued ``Q'' 
clearance to access CNWDI information.