[Federal Register Volume 76, Number 185 (Friday, September 23, 2011)]
[Rules and Regulations]
[Pages 59034-59036]
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CENTRAL INTELLIGENCE AGENCY
32 CFR Part 1909
Access by Historical Researchers and Certain Former Government
Personnel
AGENCY: Central Intelligence Agency.
ACTION: Final rule.
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SUMMARY: Consistent with Executive Order 13526, the Central
Intelligence Agency (CIA) has undertaken and completed a review of its
public regulations on access by historical researchers and certain
former government personnel. As a result of this review, the Agency has
revised its access regulations to more clearly reflect the current CIA
organizational structure and policies and practices, and to eliminate
ambiguous, redundant and obsolete regulatory provisions. 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 September 23, 2011.
FOR FURTHER INFORMATION CONTACT: Joseph W. Lambert, (703) 613-1379.
SUPPLEMENTARY INFORMATION: Consistent with Executive Order 13526, the
CIA has undertaken and completed a review of its public regulations on
access by historical researchers and certain former government
personnel. As a result of this review, the Agency has revised its
access regulations to more clearly reflect the current CIA
organizational structure and policies and practices, and to eliminate
ambiguous, redundant and obsolete regulatory provisions. 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 1909
Access by historical researchers and certain former government
personnel, Classified information.
Accordingly, the CIA is amending 32 CFR part 1909 as follows:
PART 1909--ACCESS BY HISTORICAL RESEARCHERS AND CERTAIN FORMER
GOVERNMENT PERSONNEL PURSUANT TO SEC. 4.4 OF EXECUTIVE ORDER 13526
0
1. The authority citation for part 1909 is revised to read as follows:
Authority: Executive Order 13526, 75 FR 707, 3 CFR 2010 Comp.,
p. 298-327 (or successor Orders).
0
2. Revise the part heading to read as set forth above.
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3. Revise Sec. 1909.01 to read as follows:
Sec. 1909.01 Authority and purpose.
(a) Authority. This part is issued under the authority of and in
order to implement section 4.4 of E.O. 13526 (or successor Orders); the
CIA Information Act of 1984, as amended (50 U.S.C. 431); section 102 of
the National Security Act of 1947, as amended (50 U.S.C. 403); and
section 6 of the Central Intelligence Agency Act of 1949, as amended
(50 U.S.C. 403g).
[[Page 59035]]
(b) Purpose. This part prescribes procedures for:
(1) Requesting access to CIA records for purposes of historical
research, or
(2) Requesting access to CIA records as a former Presidential or
Vice Presidential appointee or designee.
0
4. In Sec. 1909.02, revise paragraphs (e), (g), (h), (i), (j), (k),
(l), (m), (n), and add paragraphs (o) and (p) to read as follows:
Sec. 1909.02 Definitions.
* * * * *
(e) Coordinator means the CIA Information and Privacy Coordinator
who serves as the Agency manager of the historical access program
established pursuant to section 4.4 of the Order.
* * * * *
(g) Director of Security means the Agency official responsible for
making all security and access approvals and for affecting the
necessary secrecy, non-disclosure, and/or pre-publication agreements as
may be required.
(h) Director, Information Management Services means the Senior
Agency Official as defined in Section 6.1(mm) of the Order.
(i) 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).
(j) Former Presidential or Vice Presidential appointee or designee
means any person who has previously occupied a senior policy-making
position in the executive branch of the United States Government to
which they were appointed by the current or a former President or Vice
President.
(k) Historical researcher means any individual with professional
training in the academic field of history (or related fields such as
journalism) engaged in a research project leading to publication (or
any similar activity such as academic course development) reasonably
intended to increase the understanding of the American public into the
operations and activities of the United States government. The term
includes anyone serving as a research associate of a former
Presidential or Vice Presidential appointee or designee.
(l) 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.
(m) Interested party means any official in the executive, military,
congressional, or judicial branches of government, United States or
foreign, or U.S. Government contractor who, in the sole discretion of
the CIA, has a subject matter or physical interest in the documents or
information at issue.
(n) Originator means the CIA officer who originated the information
at issue, or successor in office, or a CIA officer who has been
delegated classification authority for the information at issue in
accordance with the provisions of the Order.
(o) Agency Release Panel (ARP) refers to the Agency's forum for
reviewing information review and release policy, the adequacy of
resources available to all Agency declassification and release
programs, and hearing requests in accordance with this section.
(p) The Order means Executive Order 13526 of December 29, 2009 and
published at 75 FR 707 (or successor Orders).
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5. Revise Sec. 1909.04 to read as follows:
Sec. 1909.04 Suggestions and complaints.
The Agency welcomes suggestions, comments, or complaints with
regard to its administration of the historical access program
established pursuant to Executive Order 13526. Members of the public
shall address all such communications to the CIA Information and
Privacy Coordinator. The Agency will respond as determined feasible and
appropriate under the circumstances.
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6. In Sec. 1909.11, revise paragraphs (a)(2) and (b) to read as
follows:
Sec. 1909.11 Requirements as to who may apply.
(a) * * *
(2) Additional considerations. In light of the very limited Agency
resources, it is the policy of the Agency to consider applications for
historical research privileges only in those instances where the
researcher's needs cannot be satisfied through requests for access to
reasonably described records under the Freedom of Information Act or
the mandatory declassification review provisions of Executive Order
13526, and where issues of internal resource availability and fairness
to all members of the historical research community militate in favor
of a particular grant.
(b) Former Presidential and Vice Presidential appointees or
designees. Any former Presidential or Vice Presidential appointee or
designee as defined herein may also submit a request to be given access
to any items which they originated, reviewed, signed, or received while
serving in that capacity. Such appointees may also request approval for
a research associate but there is no entitlement to such enlargement of
access and the decision in this regard shall be in the sole discretion
of the Agency. Requests from appointees shall be in writing to the
Coordinator and shall identify the records of interest.
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7. Revise Sec. 1909.12 to read as follows:
Sec. 1909.12 Designation of authority to grant requests.
(a) The Agency Release Panel (ARP) is designated to hear requests
and shall issue the final Agency decision granting requests for access
by historical researchers and access by former Presidential and Vice
Presidential appointees and designees under Executive Order 13526 (or
successor Orders) and these regulations.
(b) ARP Membership. The ARP is chaired by the Chief, Information
Review and Release Group, Information Management Services, and composed
of the Information Review Officers from the various Directorates and
the D/CIA areas, as well as the representatives of the various release
programs and offices. The Information and Privacy Coordinator also
serves as Executive Secretary of the ARP.
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8. Revise Sec. 1909.14, revise the section heading and paragraph (a)
to read as follows:
Sec. 1909.14. Determinations on requests for access by Historical
Researchers.
Required determinations. The Agency shall make the following
determinations in writing:
(a) That a serious professional or scholarly research project by
the requester is contemplated;
(b) That such access is clearly consistent with the interests of
national security;
(c) That a non-disclosure agreement has been or will be executed by
the requester (and research associate, if any) and other appropriate
steps are taken to assure that classified information will not be
disclosed or otherwise compromised;
(d) That a pre-publication agreement has been or will be executed
by the requester (and research associate, if any) which provides for a
review of notes and any resulting manuscript;
(e) That the information requested be reasonably accessible and can
be located and compiled with a reasonable effort;
(f) That it is reasonably expected that substantial and substantive
government documents and/or information will be amenable to
declassification and release and/or publication;
(g) That sufficient resources are available for the administrative
support of the historical researcher given current requirements; and
[[Page 59036]]
(h) 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.
Sec. 1909.15 [Removed]
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9. Remove Sec. 1909.15.
Sec. 1909.16 [Amended]
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10. Revise Sec. 1909.16 to read as follows:
Sec. 1909.16 Action by Agency Release Panel (ARP).
The ARP shall meet on a regular schedule and may take action when a
simple majority of the total membership is present. Issues shall be
decided by a majority of the members present. In all cases of a divided
vote, before the decision of the ARP becomes final, any member of the
ARP may by written memorandum to the Executive Secretary of the ARP,
refer such matters to the Director, Information Management Services (D/
IMS) for decision. In the event of a disagreement with any decision by
D/IMS, Directorate heads may appeal to the Associate Deputy Director,
CIA (ADD) for resolution. The final Agency decision shall reflect the
vote of the ARP, unless changed by the D/IMS or the ADD.
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11. Revise Sec. 1909.17 as follows:
Sec. 1909.17 Notification of decision.
The Executive Secretary shall inform the requester of the final
Agency decision and, if favorable, shall manage the access for such
period as deemed required but in no event for more than two years
unless renewed by the Panel or Board in accordance with the
requirements of this Part.
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12. Revise Sec. 1909.18 to read as follows:
Sec. 1909.18 Termination of access.
The Coordinator shall cancel any authorization and deny any further
access whenever the Director of Security cancels the security clearance
of a requester (or research associate, if any); or whenever the Agency
Release Panel determines that continued access would no longer be
consistent with the requirements of this Part; or at the conclusion of
the authorized period of up to two years.
Dated: August 10, 2011.
Joseph W. Lambert,
Director, Information Management Services.
[FR Doc. 2011-21576 Filed 9-22-11; 8:45 am]
BILLING CODE 6310-02-P
[Federal Register Volume 76, Number 201 (Tuesday, October 18, 2011)]
[Rules and Regulations]
[Page 64237]
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CENTRAL INTELLIGENCE AGENCY
32 CFR Part 1909
Access by Historical Researchers and Certain Former Government
Personnel; Correction
AGENCY: Central Intelligence Agency.
ACTION: Final rule; correction.
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SUMMARY: On September 23, 2011, the Central Intelligence Agency
published a final rule resulting from a review of its public
regulations on access by historical researchers and certain former
government personnel. As a result of the review, the Agency has revised
its access regulations to more clearly reflect the current CIA
organizational structure and policies and practices, and to eliminate
ambiguous, redundant and obsolete regulatory provisions. Due to a
technical error in the review process, an amendment was worded
inaccurately. This document corrects that error.
DATES: Effective October 18, 2011 and applicable beginning September
23, 2011.
FOR FURTHER INFORMATION CONTACT: Joseph W. Lambert, (703) 613-1379.
SUPPLEMENTARY INFORMATION: In FR Doc. No. 2011-21576 appearing on page
59034 in the Federal Register of September 23, 2011, the following
correction is made:
Sec. 1909.14 [Corrected]
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1. On page 59035, in the third column, amendatory instruction 8 and
Sec. 1909.14 heading are revised to read as follows:
* * * * *
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8. Revise Sec. 1909.14 to read as follows:
Sec. 1909.14. Determinations on requests for access by historical
researchers.
* * * * *
Dated: October 11, 2011.
Joseph W. Lambert,
Director, Information Management Services.
[FR Doc. 2011-26901 Filed 10-17-11; 8:45 am]
BILLING CODE 6310-02-P
