40 CFR 11.6 – Access by historical researchers and former Government officials
(a) Access to classified information or material may be granted to historical researchers or to persons who formerly occupied policymaking positions to which they were appointed by the President: Provided, however, That in each case the head of the originating Department shall:
Terms Used In 40 CFR 11.6
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Donor: The person who makes a gift.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
(1) Determine that access is clearly consistent with the interests of the national security; and
(2) Take appropriate steps to assure that classified information or material is not published or otherwise compromised.
(b) Access granted a person by reason of his having previously occupied a policymaking position shall be limited to those papers which the former official originated, reviewed, signed, or received while in public office, except as related to the “Declassification of Presidential Papers,” which shall be treated as follows:
(1) Declassification of Presidential Papers. The Archivist of the United States shall have authority to review and declassify information and material which has been classified by a President, his White House Staff or special committee or commission appointed by him and which the Archivist has in his custody at any archival depository, including a Presidential library. Such declassification shall only be undertaken in accord with:
(i) The terms of the donor‘s deed of gift;
(ii) Consultations with the Departments having a primary subject-matter interest; and
(iii) The provisions of § 11.5(c).
(2) [Reserved]