§ 1909.8. Determinations on requests for access by former Presidents and Vice Presidents, former Presidential and Vice Presidential appointees or designees, and historical researchers.
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/us/cfr/t32/s§ 1909.8·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Required determinations for former Presidents and Vice Presidents. In order to recommend approval of an access request made by a former President or Vice President, the ARP must make the following determinations in writing:
(1)That the access is consistent with the interest of national security;
(2)That a nondisclosure agreement has been or will be executed by the requester and other appropriate steps are taken to assure that classified information will not be disclosed or otherwise compromised;
(3)That a CIA prepublication review agreement has been or will be executed by the requester which provides for a review of notes and any resulting manuscript; and,
(4)That appropriate steps can be taken to ensure that the information is safeguarded in a manner consistent with Executive Order 13526.
(b)Required determinations for former Presidential and Vice Presidential appointees or designees. In order to recommend approval of an access request made by a former Presidential or Vice Presidential appointee or designee, the ARP must make the following determinations in writing:
(1)That the requester has previously occupied a senior policy-making position to which the requester was appointed or designated by the President or Vice President;
(2)That the access is consistent with the interest of national security;
(3)That a nondisclosure agreement has been or will be executed by the requester and other appropriate steps are taken to assure that classified information will not be disclosed or otherwise compromised;
(4)That a CIA prepublication review agreement has been or will be executed by the requester which provides for a review of notes and any resulting manuscript;
(5)That appropriate steps can be taken to ensure that the information is safeguarded in a manner consistent with Executive Order 13526; and,
(6)That access will be limited to items that the person originated, reviewed, signed, or received while serving as a Presidential or Vice Presidential appointee or designee.
(c)Required determinations for a research associate of a former President or Vice President, or of a former Presidential or Vice Presidential appointee or designee. In order to recommend approval of a request for historical access by a research associate, the ARP must make the following determinations in writing:
(1)That the requester has been selected as a research associate of a former President or Vice President, or of a Presidential or Vice Presidential appointee or designee;
(2)That the access is consistent with the interest of national security, and one factor in that determination is that an appropriate security check has been conducted and a security clearance or access has been issued by an appropriate U.S. Government agency;
(3)That a nondisclosure agreement has been or will be executed by the requester and other appropriate steps are taken to assure that classified information will not be disclosed or otherwise compromised;
(4)That a CIA prepublication review agreement has been or will be executed by the requester which provides for a review of notes and any resulting manuscript;
(5)That appropriate steps can be taken to ensure that the information is safeguarded in a manner consistent with Executive Order 13526; and,
(6)That, in the case of a former Presidential or Vice Presidential appointee or designee, access by the research associate will be limited to items that the Presidential or Vice Presidential appointee or designee who selected the research associate originated, reviewed, signed, or received while serving as a Presidential or Vice Presidential appointee or designee.
(d)Required determinations for a historical researcher (other than a research associate). In order to recommend approval of an access request made by a historical researcher (other than a research associate to which paragraph
(c)of this section applies) the ARP must make the following determinations in writing:
(1)That a serious professional or scholarly research project by the requester is contemplated;
(2)That the access is consistent with the interest of national security, and one factor in that determination is that an appropriate security check has been conducted and a security clearance or access has been issued by an appropriate U.S. Government agency;
(3)That a nondisclosure agreement has been or will be executed by the requester, and other appropriate steps are taken to assure that classified information will not be disclosed or otherwise compromised;
(4)That a CIA prepublication review agreement has been or will be executed by the requester, which provides for a review of notes and any resulting manuscript;
(5)That the information requested is reasonably accessible and can be located and compiled with a reasonable effort;
(6)That it is reasonably expected that substantial and substantive Government documents and/or information will be amenable to declassification and release and/or publication;
(7)That sufficient resources are available for the administrative support of the historical researcher given current requirements; and,
(8)That the request cannot be satisfied to the same extent through requests for access to reasonably described records under the Freedom of Information Act or the Mandatory Declassification Review provisions of Executive Order 13526.
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§ 1909.8
Determinations on requests for access by former Presidents and Vice Presidents, former Presidential and Vice Presidential appointees or designees, and historical researchers.
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