---
kind: "section"
citation: "32 C.F.R. § 2400.26"
title: "32"
number: "2400.26"
heading: "Access by historical researchers and former Presidential appointees."
url: "https://uscodex.org/cfr/32/2400.26"
---

# §2400.26. Access by historical researchers and former Presidential appointees.

- (a) The requirement in [Section 4.1(a)](/cfr/32/4.1.md?p=a) of Executive Order 12356 that access to classified information may be granted only as is essential to the accomplishment of authorized and lawful Government purposes may be waived as provided in [paragraph (b)](#b) of this section for persons who:
  - (1) Are engaged in historical research projects, or
  - (2) **Previously have occupied policy-making positions to which they were appointed by the President.**
- (b) Waivers under [paragraph (a)](#a) of this section may be granted only if the Director, Office of Science and Technology Policy:
  - (1) Determines in writing that access is consistent with the interest of national security;
  - (2) Takes appropriate steps to protect classified information from unauthorized disclosure or compromise, and ensures that the information is safeguarded in a manner consistent with Executive Order 12356;
  - (3) Limits the access granted to former presidential appointees to items that the person originated, reviewed, signed, or received while serving as a presidential appointee; and
  - (4) Has received a written agreement from the researcher or former presidential appointee that his notes can be reviewed by OSTP for a determination that no classified material is contained therein.

## Notes

### Authority

Authority: E.O. 12356 and Information Security Oversight Office Directive No. 1.

### Source

Source: 48 FR 10821, Mar. 15, 1983, unless otherwise noted.