[Federal Register Volume 76, Number 185 (Friday, September 23, 2011)]
[Rules and Regulations]
[Pages 59034-59036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21576]


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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.


0
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).


0
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.


0
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.


0
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.


0
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]

0
9. Remove Sec.  1909.15.

Sec.  1909.16  [Amended]

0
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.


0
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.


0
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]
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