32 CFR Part 1911 — Special Procedures for Discretionary Access to Classified Historical Central Intelligence Agency Records Requested by Other Federal Agencies

PART 1911—SPECIAL PROCEDURES FOR DISCRETIONARY ACCESS TO CLASSIFIED HISTORICAL CENTRAL INTELLIGENCE AGENCY RECORDS REQUESTED BY OTHER FEDERAL AGENCIES Authority: 50 U.S.C. 3001 et seq.; et seq.; Source: 81 FR 52591, Aug. 9, 2016, unless otherwise noted. § 1911.1 Authority and purpose. (a) Authority. (b) Purpose. § 1911.2 Definitions. As used in this part: Agency Release Panel (ARP) CIA Control Federal agency Information Interested party Records § 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. (a) Federal agency requests. (b) Special procedures. (c) Determinations. (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. (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.

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