[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR11.6]
[Page 190]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
PART 11_SECURITY CLASSIFICATION REGULATIONS PURSUANT TO EXECUTIVE
ORDER 11652--Table of Contents
Sec. 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:
(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 Sec. 11.5(c).
(2) [Reserved]