81 FR 52591 - Special Procedures for Discretionary Access to Classified Historical Central Intelligence Agency Records Requested by Other Federal Agencies in Furtherance of Historical Research
CENTRAL INTELLIGENCE AGENCY Federal Register Volume 81, Issue 153 (August 9, 2016)
Federal Register Volume 81, Issue 153 (August 9, 2016)
| Page Range | 52591-52592 | |
| FR Document | 2016-15896 |
[Federal Register Volume 81, Number 153 (Tuesday, August 9, 2016)] [Rules and Regulations] [Pages 52591-52592] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15896] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] BILLING CODE 6310-02-P
![Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Rules and Regulations 52591
SUMMARY: This document contains a CENTRAL INTELLIGENCE AGENCY PART 1911—SPECIAL PROCEDURES
correction to the link in the definition FOR DISCRETIONARY ACCESS TO
of ‘‘limited resource farmer’’ that is 32 CFR Part 1911 CLASSIFIED HISTORICAL CENTRAL
currently provided in the CFR. INTELLIGENCE AGENCY RECORDS
Special Procedures for Discretionary REQUESTED BY OTHER FEDERAL
DATES: Effective Date: August 9, 2016.
Access to Classified Historical Central AGENCIES
FOR FURTHER INFORMATION CONTACT: Tim Intelligence Agency Records
Hoffmann, Director, Product Requested by Other Federal Agencies Sec.
Management, Product Administration in Furtherance of Historical Research 1911.1 Authority and purpose.
and Standards Division, Risk 1911.2 Definitions.
Management Agency, United States 1911.3 Applicability.
AGENCY: Central Intelligence Agency. 1911.4 Federal agency requests for access
Department of Agriculture, Beacon
ACTION: Final rule. and processing procedures.
Facility, Stop 0812, Room 421, P.O. Box
419205, Kansas City, MO 64141–6205, Authority: 50 U.S.C. 3001 et seq.; 50
telephone (816) 926–7730. SUMMARY: Consistent with the National U.S.C. 3141 et seq.; Executive Order 13526,
Security Act of 1947, as amended, the 75 FR 707, 3 CFR 2010 Comp., p. 298–327,
SUPPLEMENTARY INFORMATION: (or successor Orders); Executive Order 12333,
Central Intelligence Agency Act of 1949, 40 FR 235, 3 CFR 1981 Comp., p. 200 (or
Background as amended, and Executive Order successor Orders).
This correction is being published to 13526, as amended (or successor
Orders), and section 1.6 of Executive § 1911.1 Authority and purpose.
correct the link that is no longer valid
provided in the definition of ‘‘limited Order 12333, as amended (or successor (a) Authority. This part is issued
resource farmer.’’ Orders), CIA is providing greater clarity under the authority of the National
about the procedures under which, as a Security Act of 1947, as amended, the
List of Subjects in 7 CFR Part 457 matter of discretion, it may provide Central Intelligence Agency Act of 1949,
Administrative practice and access to classified historical CIA as amended, Executive Order 13526 (or
procedure, Crop insurance, Reporting records requested by other Federal successor Orders), and section 1.6 of
and recordkeeping requirements. agencies in furtherance of historical Executive Order 12333, as amended (or
research when such access is not successor Orders).
Need for Correction (b) Purpose. This part prescribes
expressly required by statute. This rule
As currently published, 7 CFR 457.8 procedures for providing, as a matter of
is being issued as a final rule without
contains an outdated link in the discretion, appropriately cleared staff
prior notice of proposed rulemaking as
definition of ‘‘limited resource farmer.’’ and contractor personnel of other
allowed by the Administrative Federal agencies with access to
Accordingly, 7 CFR part 457 is corrected Procedure Act for rules of agency
by making the following amendment: classified historical CIA records that
procedure and interpretation. their agency has requested when such
PART 457—COMMON CROP DATES: Effective August 9, 2016. access is not expressly required by
INSURANCE REGULATIONS statute.
FOR FURTHER INFORMATION CONTACT:
Joseph W. Lambert, (703) 613–1379. § 1911.2 Definitions.
■ 1. The authority citation for 7 CFR
part 457 continues to read as follows: As used in this part:
SUPPLEMENTARY INFORMATION: Consistent
Agency Release Panel (ARP) means
Authority: 7 U.S.C. 1506(l) and 1506(o). with the National Security Act of 1947, the CIA Agency Release Panel set forth
as amended, the Central Intelligence in part 1900 of this chapter.
■ 2. Amend § 457.8, in the Common Agency Act of 1949, as amended,
Crop Insurance Policy, as follows: CIA means the United States Central
Executive Order 13526, as amended (or Intelligence Agency.
■ a. In section 1. Definitions, by revising
successor Orders), and section 1.6 of Control means ownership or the
the definition of ‘‘Limited resource Executive Order 12333, as amended (or
farmer’’. authority of the CIA pursuant to Federal
successor Orders), the CIA has revised statute or privilege to regulate official or
§ 457.8 The application and policy. its regulations to more clearly set forth public access to records.
* * * * * the procedures used to provide, as a Federal agency means any executive
matter of discretion, access to classified department, military department or
Common Crop Insurance Policy historical CIA records requested by other establishment or entity included
* * * * * other Federal agencies in furtherance of in the definition of agency in 5 U.S.C.
historical research and when such 552(f).
1. Definitions Information means any knowledge
access is not expressly required by
* * * * * statute. This rule is being issued as a that can be communicated or
Limited resource farmer. Has the same final rule without prior notice of documentary material, regardless of its
meaning as the term defined by USDA proposed rulemaking as allowed by the physical form that is owned by,
at http://lrftool.sc.egov.usda.gov/LRP_ Administrative Procedure Act, 5 U.S.C. produced by or for, or is under the
Definition.aspx or successor Web site. control of the United States
553(b)(3)(A) for rules of agency
Government.
* * * * * procedure and interpretation. Interested party means any official in
Signed in Washington, DC, on July 29, List of Subjects in 32 CFR Part 1911 the executive, military, congressional, or
ehiers on DSK5VPTVN1PROD with RULES
2016. judicial branches of government, United
Timothy J. Gannon, Archives and records, Classified States or foreign, or under U.S.
Acting Manager, Federal Crop Insurance information, Historical records. Government contract who, in the sole
Corporation. discretion of the CIA, has a subject
Accordingly, the CIA is adding a new
[FR Doc. 2016–18751 Filed 8–8–16; 8:45 am] matter or physical interest in the
32 CFR part 1911 to read as follows:
BILLING CODE 3410–08–P documents or information at issue.
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![52592 Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Rules and Regulations
Records mean records as defined by considering any input received, the document will be submitted to the
44 U.S.C. 3301. Coordinator will either make or not Coordinator for declassification review;
make the determinations set forth in (8) That the information and
§ 1911.3 Applicability.
paragraph (c), in consultation with the documents will remain classified until a
This part does not apply to requests ARP, and forward the request and the final declassification review and release
for access to current information or Coordinator’s recommendation to the decision is made by CIA; and,
finished intelligence that is routinely Chief, Information Review and Release (9) That the request for access is an
disseminated to other Federal agencies Group (IRRG), Information Management official agency request, made in the
in support of the CIA’s intelligence, Services for decision on whether or not requester’s official capacity on behalf of
counterintelligence, or special activities to provide the access requested. A the requester’s agency.
responsibilities, or for administrative negative determination by the Chief of
purposes. This part applies to special (d) Limitations. (1) With respect to
IRRG shall be reviewed by the Director, requests for access to CIA information
requests for access to classified Information Management Services, who
historical CIA records in furtherance of and equities residing outside of CIA,
shall issue the final CIA decision upon a favorable CIA determination in
historical research and not expressly whether or not to grant the request for
required by statute that fall outside of accordance with paragraph (c) of this
access. section, the CIA will notify both the
the regular channels and procedures (c) Determinations. As a condition
that CIA has already established to requester and the agency holding the
precedent for access, the Coordinator records with CIA equities. The requester
provide information to U.S. Government
must make all of the following will need to follow the access
customers. Examples include, but are
determinations with respect to each requirements of the agency holding the
not limited to, a Federal agency,
request: records in addition to any access
including a branch of the military,
(1) That the requester is a current staff requirements mandated by CIA.
conducting research in preparation for
employee or contractor of the U.S. (2) If access to classified historical
the production of a set of historical
Government; CIA records is granted, as a rule, such
studies, an official agency history, or a
(2) That the requester is currently access shall be provided on CIA
review of past military activities, that
cleared, or security approved, for access premises only. No copies of any
require access to classified historical
to classified information and that the classified historical CIA records shall be
CIA records.
specific clearance or security approval provided to the requester for reference
§ 1911.4 Federal agency requests for and access levels of that individual has and use on requester premises without
access and processing procedures. been officially recorded; the express approval of the Director,
(a) Federal agency requests. Cleared (3) That the scope of the request for Information Management Services. In
staff and contractor personnel, working information is clearly delineated; exceptional cases, if the provision of
for a Federal agency, and seeking access (4) That the information requested is classified CIA historical records to the
to classified CIA historical records in an reasonably accessible and can be located requester for reference and use on
official capacity, shall send the request and compiled with a reasonable effort; requester premises is permitted, the
to the CIA Information and Privacy (5) That a nondisclosure agreement classified CIA historical records
Coordinator (Coordinator) identifying with a prepublication review clause has provided shall not be disclosed or
the particular records needed, the been executed by the requester; disseminated beyond the requesting
purpose for which the records are (6) That all notes and any resulting agency, and shall be returned to CIA or
needed, whether declassification of the document will be appropriately destroyed when use of the records has
information contained in the records safeguarded, that further access will be ended. Similarly, any notes taken that
will be required, and the position and appropriately limited, and that no are derived from classified historical
security clearances or security approvals further dissemination of information CIA records that have been accessed in
held by the requester. such as that marked ORCON accordance with this part shall not be
(b) Special procedures. The (Dissemination and Extraction of disclosed or disseminated beyond the
Coordinator shall review the request Information Controlled by Originator) or requesting agency.
and solicit input from the Director of the HUMINT (Human Intelligence) shall be
Center for the Study of Intelligence and made beyond the requesting agency Dated: June 10, 2016.
other interested parties concerning unless CIA permission is obtained; Joseph W. Lambert,
whether or not the required (7) That if the resulting document Director, Information Management Services.
determinations set forth in paragraph (c) containing CIA information or equities [FR Doc. 2016–15896 Filed 8–8–16; 8:45 am]
of this section can be made. After is intended to be declassified, the BILLING CODE 6310–02–P
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Document Created: 2016-08-09 01:10:11
Document Modified: 2016-08-09 01:10:11
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective August 9, 2016. | |
| Contact | Joseph W. Lambert, (703) 613-1379. | |
| FR Citation | 81 FR 52591 | |
| CFR Associated | Archives and Records; Classified Information and Historical Records |
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