[Federal Register Volume 81, Number 153 (Tuesday, August 9, 2016)]
[Rules and Regulations]
[Pages 52591-52592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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