Special Procedures for Discretionary Access to Classified Historical Central Intelligence Agency Records Requested by Other Federal Agencies in Furtherance of Historical Research, 52591-52592 [2016-15896]
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Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Rules and Regulations
This document contains a
correction to the link in the definition
of ‘‘limited resource farmer’’ that is
currently provided in the CFR.
DATES: Effective Date: August 9, 2016.
FOR FURTHER INFORMATION CONTACT: Tim
Hoffmann, Director, Product
Management, Product Administration
and Standards Division, Risk
Management Agency, United States
Department of Agriculture, Beacon
Facility, Stop 0812, Room 421, P.O. Box
419205, Kansas City, MO 64141–6205,
telephone (816) 926–7730.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
This correction is being published to
correct the link that is no longer valid
provided in the definition of ‘‘limited
resource farmer.’’
List of Subjects in 7 CFR Part 457
Administrative practice and
procedure, Crop insurance, Reporting
and recordkeeping requirements.
Need for Correction
As currently published, 7 CFR 457.8
contains an outdated link in the
definition of ‘‘limited resource farmer.’’
Accordingly, 7 CFR part 457 is corrected
by making the following amendment:
2. Amend § 457.8, in the Common
Crop Insurance Policy, as follows:
■ a. In section 1. Definitions, by revising
the definition of ‘‘Limited resource
farmer’’.
■
The application and policy.
*
*
Common Crop Insurance Policy
*
*
*
*
*
1. Definitions
*
*
*
*
Limited resource farmer. Has the same
meaning as the term defined by USDA
at https://lrftool.sc.egov.usda.gov/LRP_
Definition.aspx or successor Web site.
*
*
*
*
*
ehiers on DSK5VPTVN1PROD with RULES
*
Signed in Washington, DC, on July 29,
2016.
Timothy J. Gannon,
Acting Manager, Federal Crop Insurance
Corporation.
[FR Doc. 2016–18751 Filed 8–8–16; 8:45 am]
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ACTION:
Central Intelligence Agency.
Final rule.
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.
SUMMARY:
Effective August 9, 2016.
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.
SUPPLEMENTARY INFORMATION:
Authority: 7 U.S.C. 1506(l) and 1506(o).
*
AGENCY:
Joseph W. Lambert, (703) 613–1379.
1. The authority citation for 7 CFR
part 457 continues to read as follows:
*
Special Procedures for Discretionary
Access to Classified Historical Central
Intelligence Agency Records
Requested by Other Federal Agencies
in Furtherance of Historical Research
FOR FURTHER INFORMATION CONTACT:
■
*
32 CFR Part 1911
DATES:
PART 457—COMMON CROP
INSURANCE REGULATIONS
§ 457.8
CENTRAL INTELLIGENCE AGENCY
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:
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
52591
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).
§ 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.
§ 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.
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52592
Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Rules and Regulations
Records mean records as defined by
44 U.S.C. 3301.
§ 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.
§ 1911.4 Federal agency requests for
access and processing procedures.
ehiers on DSK5VPTVN1PROD with RULES
(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
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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
PO 00000
Frm 00004
Fmt 4700
Sfmt 9990
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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[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]
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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.
-----------------------------------------------------------------------
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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