[Federal Register Volume 81, Number 153 (Tuesday, August 9, 2016)]
[Rules and Regulations]
[Pages 52591-52592]
[FR Doc No: 2016-15896]
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CENTRAL INTELLIGENCE AGENCY
32 CFR Part 1911
Special Procedures for Discretionary Access to Classified
Historical Central Intelligence Agency Records Requested by Other
Federal Agencies in Furtherance of Historical Research
AGENCY: Central Intelligence Agency.
ACTION: Final rule.
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SUMMARY: Consistent with the National Security Act of 1947, as amended,
the Central Intelligence Agency Act of 1949, as amended, and Executive
Order 13526, as amended (or successor Orders), and section 1.6 of
Executive Order 12333, as amended (or successor Orders), CIA is
providing greater clarity about the procedures under which, as a matter
of discretion, it may provide access to classified historical CIA
records requested by other Federal agencies in furtherance of
historical research when such access is not expressly required by
statute. This rule is being issued as a final rule without prior notice
of proposed rulemaking as allowed by the Administrative Procedure Act
for rules of agency procedure and interpretation.
DATES: Effective August 9, 2016.
FOR FURTHER INFORMATION CONTACT: Joseph W. Lambert, (703) 613-1379.
SUPPLEMENTARY INFORMATION: Consistent with the National Security Act of
1947, as amended, the Central Intelligence Agency Act of 1949, as
amended, Executive Order 13526, as amended (or successor Orders), and
section 1.6 of Executive Order 12333, as amended (or successor Orders),
the CIA has revised its regulations to more clearly set forth the
procedures used to provide, as a matter of discretion, access to
classified historical CIA records requested by other Federal agencies
in furtherance of historical research and when such access is not
expressly required by statute. This rule is being issued as a final
rule without prior notice of proposed rulemaking as allowed by the
Administrative Procedure Act, 5 U.S.C. 553(b)(3)(A) for rules of agency
procedure and interpretation.
List of Subjects in 32 CFR Part 1911
Archives and records, Classified information, Historical records.
Accordingly, the CIA is adding a new 32 CFR part 1911 to read as
follows:
PART 1911--SPECIAL PROCEDURES FOR DISCRETIONARY ACCESS TO
CLASSIFIED HISTORICAL CENTRAL INTELLIGENCE AGENCY RECORDS REQUESTED
BY OTHER FEDERAL AGENCIES
Sec.
1911.1 Authority and purpose.
1911.2 Definitions.
1911.3 Applicability.
1911.4 Federal agency requests for access and processing procedures.
Authority: 50 U.S.C. 3001 et seq.; 50 U.S.C. 3141 et seq.;
Executive Order 13526, 75 FR 707, 3 CFR 2010 Comp., p. 298-327, (or
successor Orders); Executive Order 12333, 40 FR 235, 3 CFR 1981
Comp., p. 200 (or successor Orders).
Sec. 1911.1 Authority and purpose.
(a) Authority. This part is issued under the authority of the
National Security Act of 1947, as amended, the Central Intelligence
Agency Act of 1949, as amended, Executive Order 13526 (or successor
Orders), and section 1.6 of Executive Order 12333, as amended (or
successor Orders).
(b) Purpose. This part prescribes procedures for providing, as a
matter of discretion, appropriately cleared staff and contractor
personnel of other Federal agencies with access to classified
historical CIA records that their agency has requested when such access
is not expressly required by statute.
Sec. 1911.2 Definitions.
As used in this part:
Agency Release Panel (ARP) means the CIA Agency Release Panel set
forth in part 1900 of this chapter.
CIA means the United States Central Intelligence Agency.
Control means ownership or the authority of the CIA pursuant to
Federal statute or privilege to regulate official or public access to
records.
Federal agency means any executive department, military department
or other establishment or entity included in the definition of agency
in 5 U.S.C. 552(f).
Information means any knowledge that can be communicated or
documentary material, regardless of its physical form that is owned by,
produced by or for, or is under the control of the United States
Government.
Interested party means any official in the executive, military,
congressional, or judicial branches of government, United States or
foreign, or under U.S. Government contract who, in the sole discretion
of the CIA, has a subject matter or physical interest in the documents
or information at issue.
[[Page 52592]]
Records mean records as defined by 44 U.S.C. 3301.
Sec. 1911.3 Applicability.
This part does not apply to requests for access to current
information or finished intelligence that is routinely disseminated to
other Federal agencies in support of the CIA's intelligence,
counterintelligence, or special activities responsibilities, or for
administrative purposes. This part applies to special requests for
access to classified historical CIA records in furtherance of
historical research and not expressly required by statute that fall
outside of the regular channels and procedures that CIA has already
established to provide information to U.S. Government customers.
Examples include, but are not limited to, a Federal agency, including a
branch of the military, conducting research in preparation for the
production of a set of historical studies, an official agency history,
or a review of past military activities, that require access to
classified historical CIA records.
Sec. 1911.4 Federal agency requests for access and processing
procedures.
(a) Federal agency requests. Cleared staff and contractor
personnel, working for a Federal agency, and seeking access to
classified CIA historical records in an official capacity, shall send
the request to the CIA Information and Privacy Coordinator
(Coordinator) identifying the particular records needed, the purpose
for which the records are needed, whether declassification of the
information contained in the records will be required, and the position
and security clearances or security approvals held by the requester.
(b) Special procedures. The Coordinator shall review the request
and solicit input from the Director of the Center for the Study of
Intelligence and other interested parties concerning whether or not the
required determinations set forth in paragraph (c) of this section can
be made. After considering any input received, the Coordinator will
either make or not make the determinations set forth in paragraph (c),
in consultation with the ARP, and forward the request and the
Coordinator's recommendation to the Chief, Information Review and
Release Group (IRRG), Information Management Services for decision on
whether or not to provide the access requested. A negative
determination by the Chief of IRRG shall be reviewed by the Director,
Information Management Services, who shall issue the final CIA decision
whether or not to grant the request for access.
(c) Determinations. As a condition precedent for access, the
Coordinator must make all of the following determinations with respect
to each request:
(1) That the requester is a current staff employee or contractor of
the U.S. Government;
(2) That the requester is currently cleared, or security approved,
for access to classified information and that the specific clearance or
security approval and access levels of that individual has been
officially recorded;
(3) That the scope of the request for information is clearly
delineated;
(4) That the information requested is reasonably accessible and can
be located and compiled with a reasonable effort;
(5) That a nondisclosure agreement with a prepublication review
clause has been executed by the requester;
(6) That all notes and any resulting document will be appropriately
safeguarded, that further access will be appropriately limited, and
that no further dissemination of information such as that marked ORCON
(Dissemination and Extraction of Information Controlled by Originator)
or HUMINT (Human Intelligence) shall be made beyond the requesting
agency unless CIA permission is obtained;
(7) That if the resulting document containing CIA information or
equities is intended to be declassified, the document will be submitted
to the Coordinator for declassification review;
(8) That the information and documents will remain classified until
a final declassification review and release decision is made by CIA;
and,
(9) That the request for access is an official agency request, made
in the requester's official capacity on behalf of the requester's
agency.
(d) Limitations. (1) With respect to requests for access to CIA
information and equities residing outside of CIA, upon a favorable CIA
determination in accordance with paragraph (c) of this section, the CIA
will notify both the requester and the agency holding the records with
CIA equities. The requester will need to follow the access requirements
of the agency holding the records in addition to any access
requirements mandated by CIA.
(2) If access to classified historical CIA records is granted, as a
rule, such access shall be provided on CIA premises only. No copies of
any classified historical CIA records shall be provided to the
requester for reference and use on requester premises without the
express approval of the Director, Information Management Services. In
exceptional cases, if the provision of classified CIA historical
records to the requester for reference and use on requester premises is
permitted, the classified CIA historical records provided shall not be
disclosed or disseminated beyond the requesting agency, and shall be
returned to CIA or destroyed when use of the records has ended.
Similarly, any notes taken that are derived from classified historical
CIA records that have been accessed in accordance with this part shall
not be disclosed or disseminated beyond the requesting agency.
Dated: June 10, 2016.
Joseph W. Lambert,
Director, Information Management Services.
[FR Doc. 2016-15896 Filed 8-8-16; 8:45 am]
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