Access to Classified Information by Historical Researchers and Certain Former Government Personnel, 64063-64066 [2016-21825]
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Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Rules and Regulations
§ 66.3
Definitions.
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Dependent.
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(2) An unmarried step-child under the
age of 18 living with the applicant.
(3) An unmarried biological child or
unmarried adopted child of the
applicant under the age of 18.
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■ 3. Amend § 66.5 by:
■ a. Revising paragraph (a).
■ b. Removing paragraph (c) and
redesignating paragraph (d) as
paragraph (c).
The revision reads as follows:
§ 66.5
Responsibilities.
(a) Under the authority, direction, and
control of the Under Secretary of
Defense for Personnel and Readiness
(USD(P&R)), the Assistant Secretary of
Defense for Manpower and Reserve
Affairs (ASD(M&RA)):
(1) Acts as an advisor to the
USD(P&R) on the Reserve enlistment
and appointment standards.
(2) Acts as an advisor to the
USD(P&R) on the height and weight
requirements of the standards in § 66.6.
(3) Ensures the U.S. Military Entrance
Processing Command assists the
Military Services in implementing the
standards in § 66.6.
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§ 66.6
[Amended]
4. Amend § 66.6 by:
a. In paragraph (b)(2)(ii), adding the
words ‘‘,when not operating as a Service
under the Navy’’ after ‘‘The Secretary of
Defense (or the Secretary of Homeland
Security for the Coast Guard.’’
■ b. In paragraph (b)(3)(ii), removing
‘‘Bearers of alternative credential’’ and
adding in its place ‘‘Bearers of an
alternative credential.’’
■ c. In paragraph (b)(8)(iii), adding a
comma after the words ‘‘conviction’’
and ‘‘adjudication.’’
■ d. In paragraph (b)(8)(vi)(A), removing
‘‘(OPM)’’ and adding in its place
‘‘(Office of Personnel Management
(OPM)).’’
■ e. In paragraph (b)(9)(ii), removing the
comma after ‘‘The MEPS Chief Medical
Officer.’’
■
■
§ 66.7
[Amended]
5. Amend § 66.7 by:
a. At the end of paragraph (a)
introductory text, adding the sentence
‘‘The waiver procedure is not automatic,
and approval is based on each
individual case.’’
■ b. In paragraph (a)(3), adding the
sentence ‘‘Waivers are not authorized
for cases noted in § 66.6(b)(8)(iii).’’ at
the end of the paragraph.
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c. In paragraph (b)(1), removing ‘‘State
or federal jurisdiction’’ and adding in its
place ‘‘the appropriate State or federal
jurisdiction.’’
■
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Jkt 238001
Dated: September 13, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2016–22408 Filed 9–16–16; 8:45 am]
BILLING CODE 5001–06–P
CENTRAL INTELLIGENCE AGENCY
32 CFR Part 1909
Access to Classified Information by
Historical Researchers and Certain
Former Government Personnel
Central Intelligence Agency.
ACTION: Final rule.
AGENCY:
Consistent with Executive
Order 13526, the Central Intelligence
Agency (CIA) is providing greater clarity
about the procedures under which it
may provide historical researchers and
certain former Government personnel
with access to classified CIA
information. 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 19, 2016.
FOR FURTHER INFORMATION CONTACT:
Joseph W. Lambert, (703) 613–1379.
SUPPLEMENTARY INFORMATION: Consistent
with section 4.4 of Executive Order
13526, the CIA has revised its access
regulations to more clearly set forth the
procedures used to provide historical
researchers and certain former
Government personnel with access to
classified CIA information. 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.
SUMMARY:
List of Subjects in 32 CFR Part 1909
Archives and records, Classified
information, Historical records.
■ Accordingly, the CIA is revising 32
CFR part 1909 as follows:
PART 1909—ACCESS TO CLASSIFIED
CIA INFORMATION BY HISTORICAL
RESEARCHERS AND CERTAIN
FORMER GOVERNMENT PERSONNEL
PURSUANT TO SEC. 4.4 OF
EXECUTIVE ORDER 13526
Sec.
1909.1
1909.2
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Authority and purpose.
Definitions.
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1909.3 Contact for general information and
requests.
1909.4 Suggestions and complaints.
1909.5 Requirements as to who may apply.
1909.6 Designation of authority to waive
need-to-know and grant historical access
requests.
1909.7 Receipt, recording, and tasking.
1909.8 Determinations on requests for
access by former Presidents and Vice
Presidents, former Presidential and Vice
Presidential appointees or designees, and
historical researchers.
1909.9 Action by the ARP.
1909.10 Final CIA decision.
1909.11 Notification of decision.
1909.12 Termination of access.
Authority: Executive Order 13526, 75 FR
707, 3 CFR 2010 Comp., p. 298–327 (or
successor Orders).
§ 1909.1
Authority and purpose.
(a) Authority. This part is issued
under the authority of and in order to
implement section 4.4 of Executive
Order 13526, as amended (or successor
Orders); section 1.6 of Executive Order
12333, as amended (or successor
Orders); section 102A of the National
Security Act of 1947, as amended; and
section 6 of the Central Intelligence
Agency Act of 1947, as amended.
(b) Purpose. This part prescribes
procedures for waiving the need-toknow requirement for access to
classified information with respect to
persons:
(1) Requesting access to classified CIA
information as historical researchers;
(2) Requesting access to classified CIA
information as a former Presidential or
Vice Presidential appointee or designee;
or
(3) Requesting access to classified CIA
information as a former President or
Vice President.
§ 1909.2
Definitions.
As used in this part:
Agency Release Panel or Panel or ARP
means the CIA Agency Release Panel
established pursuant to part 1900 of this
chapter.
CIA means the Unites States Central
Intelligence Agency.
Control means ownership or the
authority of the CIA pursuant to Federal
statute or legal privilege to regulate
official or public access to records.
Coordinator means the CIA
Information and Privacy Coordinator
who serves as the CIA manager of the
historical access process established
pursuant to section 4.4 of the Order.
Days means business days. Three (3)
days may be added to any time limit
imposed on a requester by this part if
responding by U.S. domestic mail; ten
(10) days may be added if responding by
international mail;
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Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Rules and Regulations
Director of Security means the CIA
official responsible for making
determinations regarding all security
and access approvals and overseeing
execution of the necessary secrecy,
nondisclosure, and/or prepublication
review agreements as may be required.
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 or designated by
the current or a former President or Vice
President.
Historical researcher means any
individual with professional training in
the academic field of history (or related
fields such as journalism) engaged in a
historical research project that is
intended for publication (or any similar
activity such as academic course
development) and that is reasonably
intended to increase the understanding
of the American public regarding the
operations and activities of the United
States Government. This term also
means anyone selected by a former
President or Vice President, or by a
former Presidential or Vice Presidential
appointee or designee, to assist them in
historical research as a research
associate.
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, 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;
Originator means the CIA officer who
originated the information at issue, or
successor in office, or a CIA officer who
has been delegated declassification
authority for the information at issue in
accordance with the provisions of the
Order.
Order means Executive Order 13526
of December 29, 2009 and published at
75 FR 707 (or successor Orders).
Senior Agency Official means the
official designated by the DCIA under
section 5.4(d) of the Order to direct and
administer the CIA’s program under
which information is classified,
safeguarded, and declassified.
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§ 1909.3 Contact for general information
and requests.
For general information on this part,
to inquire about access to CIA
information under this part, or to make
a formal request for such access, please
direct your communication in writing to
the Information and Privacy
Coordinator, Central Intelligence
Agency, Washington, DC 20505.
Inquiries will also by accepted by
facsimile at (703) 613–3007. For general
information only, the telephone number
is (703) 613–1287. Collect calls cannot
be accepted.
§ 1909.4
Suggestions and complaints.
The CIA welcomes suggestions,
comments, or complaints with regard to
its administration of the historical
access provisions of Executive Order
13526. Members of the public shall
address all such communications to the
CIA Information and Privacy
Coordinator. The CIA will respond as
determined feasible and appropriate
under the circumstances.
§ 1909.5
apply.
Requirements as to who may
(a) Historical researchers—(1) In
general. Any historical researcher as
defined above may submit a request in
writing to the Coordinator to be given
access to classified information for
purposes of that research. Any such
request shall indicate the nature,
purpose, and scope of the research
project.
(2) Additional considerations. In light
of the very limited Agency resources, it
is the policy of the Agency to consider
applications for access by historical
researchers (other than research
associates) 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
classified items which they originated,
reviewed, signed, or received while
serving in that capacity. Requests from
such appointees or designees shall be in
writing to the Coordinator and shall
identify the records containing the
classified information of interest. Such
appointees or designees may also
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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 Senior Agency
Official.
(c) Former Presidents and Vice
Presidents. Any former President or
Vice President may submit a request for
access to classified CIA information.
Requests from former Presidents or Vice
Presidents shall be in writing to the
Coordinator and shall identify the
records containing the classified
information of interest. A former
President or Vice President 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 Senior Agency
Official
§ 1909.6 Designation of authority to waive
need-to-know and grant historical access
requests.
(a) The Agency Release Panel (ARP) is
designated to review requests and shall
issue a recommendation to the Senior
Agency Official who shall issue the final
CIA decision whether or not to waive
the need-to-know and grant requests for
access by historical researchers, by
former Presidential and Vice
Presidential appointees and designees,
or by former Presidents and Vice
Presidents under Executive Order 13526
(or successor Orders) and these
regulations.
(b) ARP Membership. The ARP is
chaired by the Director, Information
Management Services and composed of
the Chief, Information Review and
Release Group, the Chief, Classification
Management Program Office, the
Information Review Officers from the
various Directorates and the DCIA area,
as well as the representatives of the
various release programs and offices
within CIA. The Information and
Privacy Coordinator also serves as
Executive Secretary of the ARP.
§ 1909.7
Receipt, recording, and tasking.
The Information and Privacy
Coordinator shall within ten (10) days
make a record of each request for access
received under this part, acknowledge
receipt to the requester in writing, and
take the following actions:
(a) Compliance with general
requirements. The Coordinator shall
review each request under this part and
determine whether it meets the general
requirements as set forth in § 1909.5 and
notify the requester that the request has
been accepted for consideration if it
does. If it does not, the Coordinator
shall so notify the requester and explain
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the basis for this decision and any steps
that can be taken to perfect the request.
(b) Action on requests meeting general
requirements. For requests which meet
the requirements of § 1909.5, the
Coordinator shall thereafter task the
Director, Center for the Study of
Intelligence, the originator(s) of the
information for which access is sought,
and other interested parties to review
the request and provide their input
concerning whether or not the required
determinations set forth in § 1909.8 can
be made. Additional taskings may be
directed as required during the review
process.
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§ 1909.8 Determinations on requests for
access by former Presidents and Vice
Presidents, former Presidential and Vice
Presidential appointees or designees, and
historical researchers.
(a) Required determinations for
former Presidents and Vice Presidents.
In order to recommend approval of an
access request made by a former
President or Vice President, the ARP
must make the following determinations
in writing:
(1) That the access is consistent with
the interest of national security;
(2) That a nondisclosure agreement
has been or will be executed by the
requester and other appropriate steps
are taken to assure that classified
information will not be disclosed or
otherwise compromised;
(3) That a CIA prepublication review
agreement has been or will be executed
by the requester which provides for a
review of notes and any resulting
manuscript; and,
(4) That appropriate steps can be
taken to ensure that the information is
safeguarded in a manner consistent with
Executive Order 13526.
(b) Required determinations for
former Presidential and Vice
Presidential appointees or designees. In
order to recommend approval of an
access request made by a former
Presidential or Vice Presidential
appointee or designee, the ARP must
make the following determinations in
writing:
(1) That the requester has previously
occupied a senior policy-making
position to which the requester was
appointed or designated by the
President or Vice President;
(2) That the access is consistent with
the interest of national security;
(3) That a nondisclosure agreement
has been or will be executed by the
requester and other appropriate steps
are taken to assure that classified
information will not be disclosed or
otherwise compromised;
(4) That a CIA prepublication review
agreement has been or will be executed
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by the requester which provides for a
review of notes and any resulting
manuscript;
(5) That appropriate steps can be
taken to ensure that the information is
safeguarded in a manner consistent with
Executive Order 13526; and,
(6) That access will be limited to
items that the person originated,
reviewed, signed, or received while
serving as a Presidential or Vice
Presidential appointee or designee.
(c) Required determinations for a
research associate of a former President
or Vice President, or of a former
Presidential or Vice Presidential
appointee or designee. In order to
recommend approval of a request for
historical access by a research associate,
the ARP must make the following
determinations in writing:
(1) That the requester has been
selected as a research associate of a
former President or Vice President, or of
a Presidential or Vice Presidential
appointee or designee;
(2) That the access is consistent with
the interest of national security, and one
factor in that determination is that an
appropriate security check has been
conducted and a security clearance or
access has been issued by an
appropriate U.S. Government agency;
(3) That a nondisclosure agreement
has been or will be executed by the
requester and other appropriate steps
are taken to assure that classified
information will not be disclosed or
otherwise compromised;
(4) That a CIA prepublication review
agreement has been or will be executed
by the requester which provides for a
review of notes and any resulting
manuscript;
(5) That appropriate steps can be
taken to ensure that the information is
safeguarded in a manner consistent with
Executive Order 13526; and,
(6) That, in the case of a former
Presidential or Vice Presidential
appointee or designee, access by the
research associate will be limited to
items that the Presidential or Vice
Presidential appointee or designee who
selected the research associate
originated, reviewed, signed, or received
while serving as a Presidential or Vice
Presidential appointee or designee.
(d) Required determinations for a
historical researcher (other than a
research associate). In order to
recommend approval of an access
request made by a historical researcher
(other than a research associate to which
paragraph (c) of this section applies) the
ARP must make the following
determinations in writing:
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64065
(1) That a serious professional or
scholarly research project by the
requester is contemplated;
(2) That the access is consistent with
the interest of national security, and one
factor in that determination is that an
appropriate security check has been
conducted and a security clearance or
access has been issued by an
appropriate U.S. Government agency;
(3) That a nondisclosure agreement
has been or will be executed by the
requester, and other appropriate steps
are taken to assure that classified
information will not be disclosed or
otherwise compromised;
(4) That a CIA prepublication review
agreement has been or will be executed
by the requester, which provides for a
review of notes and any resulting
manuscript;
(5) That the information requested is
reasonably accessible and can be located
and compiled with a reasonable effort;
(6) That it is reasonably expected that
substantial and substantive Government
documents and/or information will be
amenable to declassification and release
and/or publication;
(7) That sufficient resources are
available for the administrative support
of the historical researcher given current
requirements; and,
(8) 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.
§ 1909.9
Action by the ARP.
The ARP shall meet on a regular
schedule and may take action when a
simple majority of the total membership
is present. A recommendation to the
Senior Agency Official concerning
whether or not to grant requests for
access to classified CIA information by
former Presidents or Vice Presidents, by
former Presidential or Vice Presidential
appointees or designees, or by historical
researchers shall be made by a majority
vote of the members present.
§ 1909.10
Final CIA decision.
(a) Upon receipt of a recommendation
by the ARP concerning whether or not
to grant access to classified CIA
information under this part, the Senior
Agency Official may, in his sole
discretion, waive the need-to-know
requirement and approve such access
only if he or she:
(1) Determines in writing that access
is consistent with the interests of
national security;
(2) Takes appropriate steps to protect
classified information from
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Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Rules and Regulations
unauthorized disclosure or compromise
and ensures that the information is
safeguarded in a manner consistent with
Executive Order 13526; and,
(3) Limits any access granted to
former Presidential or Vice Presidential
appointees and designees (or any
research associate they select) to the
items that the former Presidential or
Vice Presidential appointee or designee
originated, reviewed, signed, or received
while serving in that capacity.
(b) The Director of the Central
Intelligence Agency reserves the
authority to make a superseding
decision concerning whether or not to
waive the need-to-know requirement
and to grant access to classified CIA
information under this part in any case
only if he or she:
(1) Determines in writing that access
is consistent with the interests of
national security;
(2) Takes appropriate steps to protect
classified information from
unauthorized disclosure or compromise,
and ensures that the information is
safeguarded in a manner consistent with
Executive Order 13526; and,
(3) Limits any historical access
granted to former Presidential or Vice
Presidential appointees and designees
(or any research associate they select) to
the items that the former Presidential or
Vice Presidential appointee or designee
originated, reviewed, signed, or received
while serving in that capacity.
(c) The Senior Agency Official also
may make a determination that a
successive request for historical access
falls within the scope of an earlier
waiver of the ‘‘need-to-know’’ criterion
under section 4.4 of the Order, so long
as the extant waiver is no more than two
years old.
§ 1909.11
Notification of decision.
The Executive Secretary shall inform
the requester of the final CIA decision
and, if favorable, shall manage the
access for such period of time as
deemed required, but in no event for
more than two years unless renewed by
the Senior Agency Official, in
accordance with the requirements of
this part for waiving need-to-know and
granting access in the first instance.
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§ 1909.12
Termination of access.
The Coordinator shall cancel any
authorization and deny any further
access whenever the Director of Security
cancels the security clearance of any
person who has been granted access to
classified CIA information under the
part; or whenever the Senior Agency
Official, or the Director of the Central
Intelligence Agency, determines that
continued access would no longer be
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consistent with the requirements of this
part; or at the conclusion of the
authorized period of up to two years if
there is no renewal under § 1909.11.
Dated: August 30, 2016.
Joseph W. Lambert,
Director, Information Management Services.
[FR Doc. 2016–21825 Filed 9–16–16; 8:45 am]
BILLING CODE 6310–02–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[USCG–2016–0790]
RIN 1625–AA87
Security Zone; 22nd International
Seapower Symposium, Goat Island,
Newport, RI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary security zone
along the western shore of Goat Island,
Newport, Rhode Island, including the
vicinity of Newport Harbor Light at the
northeastern point of Goat Island to and
around the Goat Island Connector
between Goat Island and Newport,
Rhode Island, in conjunction with the
22nd International Seapower
Symposium. Entry into this zone by any
vessel or persons is prohibited unless
specifically authorized by the Captain of
the Port (COTP), Southeastern New
England or the COTP’s designated onscene representative.
DATES: This rule is effective without
actual notice from September 19, 2016
until September 23, 2016. For the
purposes of enforcement, actual notice
will be used from September 18, 2016
until September 19, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0790 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or email Mr. Edward G.
LeBlanc at Sector Southeastern New
England; telephone (401) 435–2351,
email Edward.G.LeBlanc@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Acronyms
CFR
PO 00000
Code of Federal Regulations
Frm 00016
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COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
TFR Temporary Final Rule
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’
Under 5 U.S.C. 553(b)(B), the Coast
Guard finds that good cause exists for
not publishing a NPRM with respect to
this rule. Because of the sensitive
security issues related to these special
events, the Coast Guard was not aware
of the final details with sufficient time
to solicit public comments. Thus,
waiting for a full comment period to run
would inhibit the Coast Guard’s ability
to keep senior military leaders and
government officials, along with the
general public, safe from subversive acts
directed at these high visibility special
events. Providing a prolonged public
notice and comment period is contrary
to the public interest due to national
security concerns.
We are issuing this rule, and under 5
U.S.C. 553(d)(3), the Coast Guard finds
that good cause exists for making this
rule effective less than 30 days after
publication in the Federal Register. Any
delay encountered in this temporary
rule’s effective date would be contrary
to the public interest given the
immediate need to ensure the safety and
security of event attendees.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231;
which authorizes the Coast Guard to
define Security Zones.
This action is intended to temporarily
prohibit vessel traffic from transiting
within 250 yards of the western shore of
Goat Island and within a 250 yard
radius of Newport Harbor Light at the
northeastern point of Goat Island and
extending to 250 yards on either side of
the Goat Island Connector between Goat
Island and Newport, Rhode Island, to
ensure the security of attendees to the
22nd International Seapower
Symposium by properly safeguarding
against potential sabotage, subversive
acts, or other threats.
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]]>Agencies
[Federal Register Volume 81, Number 181 (Monday, September 19, 2016)]
[Rules and Regulations]
[Pages 64063-64066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21825]
=======================================================================
-----------------------------------------------------------------------
CENTRAL INTELLIGENCE AGENCY
32 CFR Part 1909
Access to Classified Information by Historical Researchers and
Certain Former Government Personnel
AGENCY: Central Intelligence Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Consistent with Executive Order 13526, the Central
Intelligence Agency (CIA) is providing greater clarity about the
procedures under which it may provide historical researchers and
certain former Government personnel with access to classified CIA
information. 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 19, 2016.
FOR FURTHER INFORMATION CONTACT: Joseph W. Lambert, (703) 613-1379.
SUPPLEMENTARY INFORMATION: Consistent with section 4.4 of Executive
Order 13526, the CIA has revised its access regulations to more clearly
set forth the procedures used to provide historical researchers and
certain former Government personnel with access to classified CIA
information. 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
Archives and records, Classified information, Historical records.
0
Accordingly, the CIA is revising 32 CFR part 1909 as follows:
PART 1909--ACCESS TO CLASSIFIED CIA INFORMATION BY HISTORICAL
RESEARCHERS AND CERTAIN FORMER GOVERNMENT PERSONNEL PURSUANT TO
SEC. 4.4 OF EXECUTIVE ORDER 13526
Sec.
1909.1 Authority and purpose.
1909.2 Definitions.
1909.3 Contact for general information and requests.
1909.4 Suggestions and complaints.
1909.5 Requirements as to who may apply.
1909.6 Designation of authority to waive need-to-know and grant
historical access requests.
1909.7 Receipt, recording, and tasking.
1909.8 Determinations on requests for access by former Presidents
and Vice Presidents, former Presidential and Vice Presidential
appointees or designees, and historical researchers.
1909.9 Action by the ARP.
1909.10 Final CIA decision.
1909.11 Notification of decision.
1909.12 Termination of access.
Authority: Executive Order 13526, 75 FR 707, 3 CFR 2010 Comp.,
p. 298-327 (or successor Orders).
Sec. 1909.1 Authority and purpose.
(a) Authority. This part is issued under the authority of and in
order to implement section 4.4 of Executive Order 13526, as amended (or
successor Orders); section 1.6 of Executive Order 12333, as amended (or
successor Orders); section 102A of the National Security Act of 1947,
as amended; and section 6 of the Central Intelligence Agency Act of
1947, as amended.
(b) Purpose. This part prescribes procedures for waiving the need-
to-know requirement for access to classified information with respect
to persons:
(1) Requesting access to classified CIA information as historical
researchers;
(2) Requesting access to classified CIA information as a former
Presidential or Vice Presidential appointee or designee; or
(3) Requesting access to classified CIA information as a former
President or Vice President.
Sec. 1909.2 Definitions.
As used in this part:
Agency Release Panel or Panel or ARP means the CIA Agency Release
Panel established pursuant to part 1900 of this chapter.
CIA means the Unites States Central Intelligence Agency.
Control means ownership or the authority of the CIA pursuant to
Federal statute or legal privilege to regulate official or public
access to records.
Coordinator means the CIA Information and Privacy Coordinator who
serves as the CIA manager of the historical access process established
pursuant to section 4.4 of the Order.
Days means business days. Three (3) days may be added to any time
limit imposed on a requester by this part if responding by U.S.
domestic mail; ten (10) days may be added if responding by
international mail;
[[Page 64064]]
Director of Security means the CIA official responsible for making
determinations regarding all security and access approvals and
overseeing execution of the necessary secrecy, nondisclosure, and/or
prepublication review agreements as may be required.
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 or designated by the current or a former
President or Vice President.
Historical researcher means any individual with professional
training in the academic field of history (or related fields such as
journalism) engaged in a historical research project that is intended
for publication (or any similar activity such as academic course
development) and that is reasonably intended to increase the
understanding of the American public regarding the operations and
activities of the United States Government. This term also means anyone
selected by a former President or Vice President, or by a former
Presidential or Vice Presidential appointee or designee, to assist them
in historical research as a research associate.
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,
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;
Originator means the CIA officer who originated the information at
issue, or successor in office, or a CIA officer who has been delegated
declassification authority for the information at issue in accordance
with the provisions of the Order.
Order means Executive Order 13526 of December 29, 2009 and
published at 75 FR 707 (or successor Orders).
Senior Agency Official means the official designated by the DCIA
under section 5.4(d) of the Order to direct and administer the CIA's
program under which information is classified, safeguarded, and
declassified.
Sec. 1909.3 Contact for general information and requests.
For general information on this part, to inquire about access to
CIA information under this part, or to make a formal request for such
access, please direct your communication in writing to the Information
and Privacy Coordinator, Central Intelligence Agency, Washington, DC
20505. Inquiries will also by accepted by facsimile at (703) 613-3007.
For general information only, the telephone number is (703) 613-1287.
Collect calls cannot be accepted.
Sec. 1909.4 Suggestions and complaints.
The CIA welcomes suggestions, comments, or complaints with regard
to its administration of the historical access provisions of Executive
Order 13526. Members of the public shall address all such
communications to the CIA Information and Privacy Coordinator. The CIA
will respond as determined feasible and appropriate under the
circumstances.
Sec. 1909.5 Requirements as to who may apply.
(a) Historical researchers--(1) In general. Any historical
researcher as defined above may submit a request in writing to the
Coordinator to be given access to classified information for purposes
of that research. Any such request shall indicate the nature, purpose,
and scope of the research project.
(2) Additional considerations. In light of the very limited Agency
resources, it is the policy of the Agency to consider applications for
access by historical researchers (other than research associates) 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 classified items which they originated, reviewed, signed, or
received while serving in that capacity. Requests from such appointees
or designees shall be in writing to the Coordinator and shall identify
the records containing the classified information of interest. Such
appointees or designees 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
Senior Agency Official.
(c) Former Presidents and Vice Presidents. Any former President or
Vice President may submit a request for access to classified CIA
information. Requests from former Presidents or Vice Presidents shall
be in writing to the Coordinator and shall identify the records
containing the classified information of interest. A former President
or Vice President 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 Senior
Agency Official
Sec. 1909.6 Designation of authority to waive need-to-know and grant
historical access requests.
(a) The Agency Release Panel (ARP) is designated to review requests
and shall issue a recommendation to the Senior Agency Official who
shall issue the final CIA decision whether or not to waive the need-to-
know and grant requests for access by historical researchers, by former
Presidential and Vice Presidential appointees and designees, or by
former Presidents and Vice Presidents under Executive Order 13526 (or
successor Orders) and these regulations.
(b) ARP Membership. The ARP is chaired by the Director, Information
Management Services and composed of the Chief, Information Review and
Release Group, the Chief, Classification Management Program Office, the
Information Review Officers from the various Directorates and the DCIA
area, as well as the representatives of the various release programs
and offices within CIA. The Information and Privacy Coordinator also
serves as Executive Secretary of the ARP.
Sec. 1909.7 Receipt, recording, and tasking.
The Information and Privacy Coordinator shall within ten (10) days
make a record of each request for access received under this part,
acknowledge receipt to the requester in writing, and take the following
actions:
(a) Compliance with general requirements. The Coordinator shall
review each request under this part and determine whether it meets the
general requirements as set forth in Sec. 1909.5 and notify the
requester that the request has been accepted for consideration if it
does. If it does not, the Coordinator shall so notify the requester and
explain
[[Page 64065]]
the basis for this decision and any steps that can be taken to perfect
the request.
(b) Action on requests meeting general requirements. For requests
which meet the requirements of Sec. 1909.5, the Coordinator shall
thereafter task the Director, Center for the Study of Intelligence, the
originator(s) of the information for which access is sought, and other
interested parties to review the request and provide their input
concerning whether or not the required determinations set forth in
Sec. 1909.8 can be made. Additional taskings may be directed as
required during the review process.
Sec. 1909.8 Determinations on requests for access by former
Presidents and Vice Presidents, former Presidential and Vice
Presidential appointees or designees, and historical researchers.
(a) Required determinations for former Presidents and Vice
Presidents. In order to recommend approval of an access request made by
a former President or Vice President, the ARP must make the following
determinations in writing:
(1) That the access is consistent with the interest of national
security;
(2) That a nondisclosure agreement has been or will be executed by
the requester and other appropriate steps are taken to assure that
classified information will not be disclosed or otherwise compromised;
(3) That a CIA prepublication review agreement has been or will be
executed by the requester which provides for a review of notes and any
resulting manuscript; and,
(4) That appropriate steps can be taken to ensure that the
information is safeguarded in a manner consistent with Executive Order
13526.
(b) Required determinations for former Presidential and Vice
Presidential appointees or designees. In order to recommend approval of
an access request made by a former Presidential or Vice Presidential
appointee or designee, the ARP must make the following determinations
in writing:
(1) That the requester has previously occupied a senior policy-
making position to which the requester was appointed or designated by
the President or Vice President;
(2) That the access is consistent with the interest of national
security;
(3) That a nondisclosure agreement has been or will be executed by
the requester and other appropriate steps are taken to assure that
classified information will not be disclosed or otherwise compromised;
(4) That a CIA prepublication review agreement has been or will be
executed by the requester which provides for a review of notes and any
resulting manuscript;
(5) That appropriate steps can be taken to ensure that the
information is safeguarded in a manner consistent with Executive Order
13526; and,
(6) That access will be limited to items that the person
originated, reviewed, signed, or received while serving as a
Presidential or Vice Presidential appointee or designee.
(c) Required determinations for a research associate of a former
President or Vice President, or of a former Presidential or Vice
Presidential appointee or designee. In order to recommend approval of a
request for historical access by a research associate, the ARP must
make the following determinations in writing:
(1) That the requester has been selected as a research associate of
a former President or Vice President, or of a Presidential or Vice
Presidential appointee or designee;
(2) That the access is consistent with the interest of national
security, and one factor in that determination is that an appropriate
security check has been conducted and a security clearance or access
has been issued by an appropriate U.S. Government agency;
(3) That a nondisclosure agreement has been or will be executed by
the requester and other appropriate steps are taken to assure that
classified information will not be disclosed or otherwise compromised;
(4) That a CIA prepublication review agreement has been or will be
executed by the requester which provides for a review of notes and any
resulting manuscript;
(5) That appropriate steps can be taken to ensure that the
information is safeguarded in a manner consistent with Executive Order
13526; and,
(6) That, in the case of a former Presidential or Vice Presidential
appointee or designee, access by the research associate will be limited
to items that the Presidential or Vice Presidential appointee or
designee who selected the research associate originated, reviewed,
signed, or received while serving as a Presidential or Vice
Presidential appointee or designee.
(d) Required determinations for a historical researcher (other than
a research associate). In order to recommend approval of an access
request made by a historical researcher (other than a research
associate to which paragraph (c) of this section applies) the ARP must
make the following determinations in writing:
(1) That a serious professional or scholarly research project by
the requester is contemplated;
(2) That the access is consistent with the interest of national
security, and one factor in that determination is that an appropriate
security check has been conducted and a security clearance or access
has been issued by an appropriate U.S. Government agency;
(3) That a nondisclosure agreement has been or will be executed by
the requester, and other appropriate steps are taken to assure that
classified information will not be disclosed or otherwise compromised;
(4) That a CIA prepublication review agreement has been or will be
executed by the requester, which provides for a review of notes and any
resulting manuscript;
(5) That the information requested is reasonably accessible and can
be located and compiled with a reasonable effort;
(6) That it is reasonably expected that substantial and substantive
Government documents and/or information will be amenable to
declassification and release and/or publication;
(7) That sufficient resources are available for the administrative
support of the historical researcher given current requirements; and,
(8) 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. 1909.9 Action by the ARP.
The ARP shall meet on a regular schedule and may take action when a
simple majority of the total membership is present. A recommendation to
the Senior Agency Official concerning whether or not to grant requests
for access to classified CIA information by former Presidents or Vice
Presidents, by former Presidential or Vice Presidential appointees or
designees, or by historical researchers shall be made by a majority
vote of the members present.
Sec. 1909.10 Final CIA decision.
(a) Upon receipt of a recommendation by the ARP concerning whether
or not to grant access to classified CIA information under this part,
the Senior Agency Official may, in his sole discretion, waive the need-
to-know requirement and approve such access only if he or she:
(1) Determines in writing that access is consistent with the
interests of national security;
(2) Takes appropriate steps to protect classified information from
[[Page 64066]]
unauthorized disclosure or compromise and ensures that the information
is safeguarded in a manner consistent with Executive Order 13526; and,
(3) Limits any access granted to former Presidential or Vice
Presidential appointees and designees (or any research associate they
select) to the items that the former Presidential or Vice Presidential
appointee or designee originated, reviewed, signed, or received while
serving in that capacity.
(b) The Director of the Central Intelligence Agency reserves the
authority to make a superseding decision concerning whether or not to
waive the need-to-know requirement and to grant access to classified
CIA information under this part in any case only if he or she:
(1) Determines in writing that access is consistent with the
interests of national security;
(2) Takes appropriate steps to protect classified information from
unauthorized disclosure or compromise, and ensures that the information
is safeguarded in a manner consistent with Executive Order 13526; and,
(3) Limits any historical access granted to former Presidential or
Vice Presidential appointees and designees (or any research associate
they select) to the items that the former Presidential or Vice
Presidential appointee or designee originated, reviewed, signed, or
received while serving in that capacity.
(c) The Senior Agency Official also may make a determination that a
successive request for historical access falls within the scope of an
earlier waiver of the ``need-to-know'' criterion under section 4.4 of
the Order, so long as the extant waiver is no more than two years old.
Sec. 1909.11 Notification of decision.
The Executive Secretary shall inform the requester of the final CIA
decision and, if favorable, shall manage the access for such period of
time as deemed required, but in no event for more than two years unless
renewed by the Senior Agency Official, in accordance with the
requirements of this part for waiving need-to-know and granting access
in the first instance.
Sec. 1909.12 Termination of access.
The Coordinator shall cancel any authorization and deny any further
access whenever the Director of Security cancels the security clearance
of any person who has been granted access to classified CIA information
under the part; or whenever the Senior Agency Official, or the Director
of the Central Intelligence Agency, 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 if there is
no renewal under Sec. 1909.11.
Dated: August 30, 2016.
Joseph W. Lambert,
Director, Information Management Services.
[FR Doc. 2016-21825 Filed 9-16-16; 8:45 am]
BILLING CODE 6310-02-P
