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approval by the Agency Director of Security of a current security clearance of the requester and of persons associated with him in the project, in accordance with Executive Order 10450, and upon the Coordinator's further determination that:

(1) A serious professional or scholarly research project is contemplated;

(2) Such access is clearly consistent with the interests of national security; (3) Appropriate steps have been taken to assure that classified information will not be published or otherwise compromised;

(4) The information requested is reasonably accessible and can be located and compiled with a reasonable amount of effort;

(5) The historical researcher agrees to safeguard the information in a manner consistent with Executive Order 11652 and the National Security Council Directive of May 1972; and

(6) The historical researcher agrees to authorize a prior review of his notes and manuscript by the Agency for the sole purpose of determining that no classified information is contained therein.

(c) An authorization shall be valid for the period required for the research project, as the Coordinator may determine, but in no event for more than two years. But upon renewed request in accordance with paragraph (a) of this section, authorization may be renewed in accordance with paragraph (b) and this paragraph. (d) The Coordinator shall cancel any authorization whenever the Director of Security cancels the security clearance of the requester or of any person associated with the requester in the research project or whenever the Coordinator determines that continued access would not be in compliance with one or more of the requirements of paragraph (b) of this section.

§ 1900.63 Suggestions and complaints.

Any person may direct any suggestion or complaint with respect to the Agency administration of Executive Order 11652 to the CIA Information Review Committee. The Committee shall consider such suggestions and complaints and shall take such action thereon as it may deem feasible and appropriate. This regulation shall become effective on February 19, 1975.

JOHN F. BLAKE,

Deputy Director for Administration, Central Intelligence Agency.

FEBRUARY 11, 1975.

[FR Doc. 75-4254 Filed 2-18-75; 8:45 am]

TITLE 32-NATIONAL DEFENSE

Chapter XIX-Central Intelligence Agency

PART 1900-PUBLIC ACCESS TO DOCUMENTS AND RECORDS AND
DECLASSIFICATION REQUESTS

PROCESSING REQUESTS FOR RECORDS

Section 1900.35 of Part 1900 of Title 32 of the Code of Federal Regulations, as amended 19 February 1975, is further amended as follows:

(a) The designation "(a)" is inserted preceding the sentence which comprises the section.

(b) A new paragraph (b) is added as follows:

§ 1900.35 Processing requests for records.

(b) Notwithstanding paragraph (a) of this section, the Coordinator may determine that there is no basis for searching for requested records or that the appropriate answer to a request obviates the need to determine the existence or nonexistence of records responsive to the request. Whenever the Coordinator makes such a determination he shall respond to the requester accordingly, and the requirements of paragraph (a) of this section and of §§ 1900.41 through 1900.47 shall not apply as to that request.

This amendment shall become effective on June 11, 1975.
Dated: June 2, 1975.

JOHN F. BLAKE.

Deputy Director for Administration, Central Intelligence Agency. [FR Doc. 75-15122 Filed 6-10-75; 8:45 am]

CENTRAL INTELLIGENCE AGENCY

(32 CFR Part 1900)

Freedom of Information

PUBLIC ACCESS TO DOCUMENTS AND RECORDS AND DECLASSIFICATION REQUESTS

The Central Intelligence Agency is considering amending its rules for access to records under the Freedom of Information Act to clarify and update the definition of "records" so that it includes machine readable materials and those documents and records furnished by other agencies, foreign governments, or international organizations and held by the CIA. Also, under the proposed amendment, a request under the Act for documents or records originated by CIA, which is referred to CIA by another agency, shall be considered a Freedom of Information request to the CIA. It will be processed in accordance with CIA regulations, as of the time that it is received by CIA, and CIA will respond directly to the requester, making it unnecessary for a requester to submit requests to both agencies. Similarly, a request directed to CIA that concerns documents or records originated by another agency will be transferred by CIA to the originating agency for their determination and direct response to the requester.

Interested persons are invited to participate in the making of the proposed rule by submitting such written data, views, or comments as they may desire to: Chief, Information and Privacy Staff, Central Intelligence Agency. Washington, D.C. 20505. All communications received on or before March 18, 1977, will be considered by CIA before taking action on the proposed rule.

These amendments are proposed under the authority of section 102 of the National Security Act of 1947, as amended (50 U.S.C. 403), the Central Intelligence Agency Act of 1949, as amended (50 U.S.C. 403a et seq.), Executive Order 11652, as amended (3 CFR revised as of January 1, 1974, p. 339), the Freedom of Information Act, as amended (5 U.S.C. 552), and the Federal Records Management Amendments of 1976 (Sec. 4, Pub. L. 94-575, 90 Stat. 2723).

In consideration of the foregoing, it is proposed to amend 32 CFR. Part 1900 as follows:

§ 1900.3 [Amended]

1. In § 1900.3 paragraph (g) is amended by inserting the words "machine readable materials" between the word "photographs" and the words "and other documentary materials" and by deleting paragraphs (4) and (5).

2. Section 1900.11 is amended by revising paragraph (d) to read as follows: § 1900.11 Freedom of information communications; requirements as to form.

(d) Any request or communication to an agency other than the Central Intelligence Agency which requests or concerns documents or records originated by the CIA, and which is transferred by that agency to the CIA, shall be considered a Freedom of Information request to the CIA for that referred document as of date of receipt by the CIA of the referral, and shall be processed pursuant to regulations. CIA will respond directly to the requester.

3. In § 1900.43 a new paragraph (c) is added to read as follows:

§ 1900.43 Reviewing records.

(c) In the event located records are determined to have originated with another government agency, the Coordinator shall notify the requester of such fact and shall expeditiously forward such records or a description thereof to the originating agency for their determination and direct response to the requester.

Dated: February 3, 1977.

JOHN F. BLAKE,

Deputy Director for Administration, Central Intelligence Agency. [FR Doc. 77-4296 Filed 2-9-77; 8:45 am]

TITLE 32-NATIONAL DEFENSE

Chapter XIX-Central Intelligence Agency

PART 1900-PUBLIC ACCESS TO DOCUMENTS AND RECORDS AND DECLASSIFICA❤ TION REQUESTS

FREEDOM OF INFORMATION

AGENCY: Central Intelligence Agency.

ACTION: Final rule.

Summary: This rule amends CIA regulations governing access to records under the Freedom of Information Act by clarifying and updating the term "records" so that it includes machine readable materials and those documents and records furnished by other agencies, foreign governments or international organizations and held by the CIA. Also, under this rule a request under the Act for documents or records originated by CIA, which is referred to CIA by another agency shall be considered a Freedom of Information request to the CIA. It will be processed in accordance with CIA regulations, as of the time that it is received by CIA, and CIA will respond directly to the requester, making it unnecessary for a requester to submit requests to both agencies. Similarly, a request directed to CIA that concerns documents or records orignated by another agency will be transferred by CIA to the originating agency or their determination and direct response to the requester.

Effective Date: May 12, 1977.

For further information contact: Gene F. Wilson, Information and Privacy Coordinator, Central Intelligence Agency, Washington, D.C. 20505, 703-351-7486. Supplementary information: Interested persons have been afforded an opportunity to participate in the making of these amendments by a notice of proposed rulemaking issued February 3, 1977 and published in the Federal Register, Vol. 42, No. 28, on February 10, 1977. No comments were received in response to the notice. These amendments are the same as those published in the notice. Accordingly 32 CFR Part 1900 is amended as follows:

§1900.3 [Amended]

1. In § 1900.3 paragraph (g) is amended by inserting the words "machine readable materials" between the word "photographs" and the words "and other documentary materials" and by deleting paragraphs (4) and (5).

2. Section 1900.11 is amended by revising paragraph (d) to read as follows: § 1900.11 Freedom of information communications; requirements as to form.

(d) Any request or communication to an agency other than the Central Intelligence Agency which requests or concerns documents or records originated by the CIA, and which is transferred by that agency to the CIA, shall be considered a Freedom of Information request to the CIA for that referred document as of date of receipt by the CIA of the referral and shall be processed pursuant to regulations. CIA will respond directly to the requester.

3. In § 1900.43 a new paragraph (c) is added to read as follows:

§1900.43 Reviewing records.

(c) In the event located records are determined to have originated with another government agency, the Coordinator shall notify the requester of such fact and shall expeditiously forward such records or a description thereof to the originating agency for their determination and direct response to the requester. Dated: April 30, 1977.

JOHN F. BLAKE,

Deputy Director for Administration, Central Intelligence Agency. [FR Doc. 77-13513 Filed 5-11-77; 8:45 am]

Sec.

6.1

6.2

6.3

6.4

6.5

6.6

6.7

6.8

3.9

[Exhibit 61]

STATE DEPARTMENT INFORMATION REGULATIONS

(22 CFR 6, 9)

PART 6-FREEDOM OF INFORMATION POLICY AND PROCEDURES

Definitions.

Availability of records.

Executive Order 11652.

Records which may be exempt from disclosure.

Classified records and information from other agencies.

Authority to release and certify; authority to withhold records.

Time limits.

Appeals.

Public reading room.

6.10 Manner of requesting records.

6.11

Requests addressed to Foreign Service posts.

6.12 Closing requests.

6.13 Subsequent requests for same records.

6.14 Schedule of fees and method of payment for services rendered. 6.15 Opening of records for nonofficial research.

6.16 Activities of advisory committees.

AUTHORITY: Sec. 4 of the Act of May 26, 1949, as amended (63 Stat. 111) (22 U.S.C. 2658); E.O. 11652, 37 FR 5209 (5 U.S.C. 552) (Pub L. 93-502). SOURCE: Dept. Reg. 108.711, 40 FR 7256, Feb. 19, 1975, unless otherwise noted.

§ 6.1 Definitions.

As used in this part, the following definitions shall apply:

(a) The term "identifiable" means, in the context of a request for a record, a description which reasonably identifies a particular record sought. Such a description, if possible, should include date, format, subject matter, country concerned, office or mission originating or receiving the record, and the name of any person to whom the record is known to relate.

(b) The term "record" includes all books, papers, maps, photographs, or other documentary material, or copies thereof, regardless of physical form or characteristics, made in or received by the Department of State (including Foreign Service posts abroad) and preserved as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Department or the Foreign Service. It does not include copies of the records of other Government agencies (except those which have been expressly placed under the control of the Department of State upon termination of another agency), foreign governments, international organizations, or non-governmental entities unless they evidence organization, functions, policies, decisions, procedures, operations, or activities of the Department of State. It does not include records in the Berlin Document Center.

§6.2 Availability of records.

(a) All identifiable records of the Department of State shall be made available to the public upon compliance with the procedures established in this part, except to the extent that a determination is made to withhold a record exemptable under 5 U.S.C. 552(b). That determination shall be made in accordance with § 6.6(b). (b) Unclassified information, documents, and forms which have previously been provided to the public as part of the normal services of the Department of State will continue to be made available on the same basis as before. Any Departmental officer who receives a request for records through normal channels of contact with the public, media, or the Congress which would not normally be made available shall advise the requester that, if the requester so wishes, the request will be referred to the Director, Freedom of Information Staff, Bureau of Public Affairs (hereinafter the FOI Director). If the Departmental officer has reason to believe that the request is intended to be one under the Freedom of Information Act (see § 6.10), the officer shall refer it immediately to the FOI Director and so advise the requester.

§6.3 Executive Order 11652.

A request for classification review under Executive Order 11652 (37 FR 5209) which is identified as specifically and exclusively so intended will be processed in accordance with that Order and the implementing National Security Council Directive (37 FR 10053).

§ 6.4 Records which may be exempt from disclosure.

(a) The following categories of records maintained by the Department of State may be exempted from disclosure:

(1) Records specifically authorized under criteria established by an executive order to be kept secret in the interest of national defense or foreign policy and in fact properly classified pursuant to such executive order

(2) Records related solely to the internal personnel rules and practices of an

agency.

(3) Records specifically exempted from disclosure by statute. Included in this category are records relating to the officers and employees of the Foreign Service, including efficiency records (§ 612 of the Foreign Service Act of 1946, as amended, 22 U.S.C. 986), the records of the Department of State or of diplomatic and consular officers of the United States pertaining to the issuance or refusal of visas of permits to enter the United States (§ 222(f) of the Immigration and Nationality Act of 1952, as amended, 8 U.S.C. 1202(f)), "Restricted Data" under section 224 of the Atomic Energy Act (42 U.S.C. 2274), and records subject to section 102(d) of the National Security Act of 1947 (61 Stat. 498).

(4) Records of trade secrets and commercial or financial information obtained from a person and privileged or confidential.

(5) Records which are inter-agency or intra-agency memorandums, letters, telegrams, or airgrams which would not be available by law to a party other than an agency in litigation with the agency.

(6) Records such as personnel and medical files and similar files the public disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

(7) Investigatory records compile for law enforcement purposes, but only to the extent that the production of such records would: (i) Interfere with enforcement proceedings; (ii) deprive a person of a right to a fair trial or an impartial adjudication; (iii) constitute an unwarranted invasion of personal privacy; (iv) disclose the identity of a confidential source and, in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source; (v) disclose investigative techniques and procedures; or (vi) endanger the life or physical safety of law enforcement personnel.

(8) Records contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions.

(9) Geological or geophysical information and data, including maps, concerning wells.

(b) Any reasonably segregable portion of a record shall be provided to any person requesting such record after deletion of the portions which are exempt under paragraph (a) of this section. Normally a portion of a record shall be considered reasonably segregable when segregation can produce an intelligible record which is not distorted out of context and does not contradict the record being withheld. § 6.5 Classified records and information from other agencies.

(a) The applicability of the exemption for classified information (§ 6.4(a) (1)) requires a determination that the record in question is specifically authorized under the criteria established by Executive Order 11652 to be kept classified and is in fact properly classified pursuant to that order. This determination shall be made whenever possible before the initial denial under § 6.6(b). It must, in any case, be made prior to the decision of an appeal under § 6.8. No denial should be based solely on the existence of a classification marking on the record, and there shall be a substantive review of the validity of the classification to the maximum extent feasible within the time limits for a denial under § 6.7.

(b) When a request for a Departmental record encompasses classified information originated by another department or agency, the request for that information shall be referred to the originator. The requester should be advised of the date

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