[Federal Register Volume 76, Number 185 (Friday, September 23, 2011)]
[Proposed Rules]
[Pages 59073-59074]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21575]


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CENTRAL INTELLIGENCE AGENCY

32 CFR Part 1901


Privacy Act

AGENCY: Central Intelligence Agency.

ACTION: Proposed rule.

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SUMMARY: Consistent with the Privacy Act (PA), the Central Intelligence 
Agency (CIA) has undertaken and completed a review of its public PA 
regulations that govern certain aspects of its processing of PA access 
and amendment requests. As a result of this review, the Agency proposes 
to revise its PA regulations to more clearly reflect the current CIA 
organizational structure and policies and practices, and to eliminate 
ambiguous, redundant and obsolete regulatory provisions. As required by 
the PA, the Agency is providing an opportunity for interested persons 
to submit comments on these proposed regulations.

DATES: Submit comments on or before November 22, 2011.

ADDRESSES: Send comments to the Director, Information Management

[[Page 59074]]

Services, Central Intelligence Agency, Washington, DC 20505, or fax to 
(703) 613-3020.

FOR FURTHER INFORMATION CONTACT: Joseph W. Lambert, (703) 613-1379.

SUPPLEMENTARY INFORMATION: Consistent with the Privacy Act (PA), the 
CIA has undertaken and completed a review of its public PA regulations. 
As a result of this review, the Agency proposes to revise its PA 
regulations to update the title of the head of the CIA and to 
streamline the appeals structure.

List of Subjects in 32 CFR Part 1901

    Classified information, Privacy Act.

    As stated in the preamble, the CIA proposes to amend 32 CFR part 
1901 as follows:

PART 1901--PUBLIC RIGHTS UNDER THE PRIVACY ACT OF 1974

    1. The authority citation for part 1901 is revised to read as 
follows:

    Authority:  National Security Act of 1947, as amended; Central 
Intelligence Agency Act of 1949, as amended; Privacy Act, as 
amended.

    2. Amend Sec.  1901.02, by adding paragraphs (o) and (p) to read as 
follows:


Sec.  1901.02  Definitions.

* * * * *
    (o) Director of Central Intelligence Agency means the head of the 
Central Intelligence Agency.
    (p) Agency Release Panel (ARP) refers to the Agency's forum for 
reviewing information review and release policy, the adequacy of 
resources available to all Agency declassification and release 
programs, and hearing appeals in accordance with this section.


Sec.  1901.41  [Amended]

    3. Revise Sec.  1901.41 to read as follows:


Sec.  1901.41  Designation of authority to hear appeals.

    (a) Agency Release Panel (ARP). Appeals of initial adverse 
decisions under the Privacy Act shall be reviewed by the ARP which 
shall issue the final Agency decision.
    (b) ARP Membership. The ARP is chaired by the Chief, Information 
Review and Release Group, Information Management Services, and composed 
of the Information Review Officers from the various Directorates and 
the Director, Central Intelligence Agency (D/CIA) areas, as well as the 
representatives of the various release programs and offices. The 
Information and Privacy Coordinator also serves as Executive Secretary 
of the ARP.
    4. In Sec.  1901.42, revise paragraph (d) to read as follows:


Sec.  1901.42  Right of appeal and appeal procedures.

* * * * *
    (d) Receipt, recording, and tasking. The Agency shall promptly 
record each administrative appeal, acknowledge receipt to the requester 
in writing, and thereafter affect the necessary taskings to the 
Director(s) in charge of the directorate(s) which originated or has an 
interest in the record(s) subject to the appeal. As used herein, the 
term Director in charge of a directorate includes an equivalent senior 
official within the D/CIA area, as well as a designee known as the 
Information Review Officer for a directorate or area.


Sec.  1901.43  [Removed and Reserved]

    5. Remove and reserve Sec.  1901.43
    6. In Sec.  1901.44, revise paragraph (b) and remove and reserve 
paragraph (c) to read as follows:


Sec.  1901.44  Action by appeals authority.

* * * * *
    (b) Decision. The Agency Review Panel (ARP) shall meet on a regular 
schedule and may take action when a simple majority of the total 
membership is present. In all cases of a divided vote, before the 
decision of the ARP becomes final, any member of the ARP may by written 
memorandum to the Executive Secretary of the ARP, refer such matters to 
the Director, Information Management Services (D/IMS) for decision. In 
the event of a disagreement with any decision by D/IMS, Directorate 
heads may appeal to the Associate Deputy Director, CIA (ADD) for 
resolution. The final Agency decision shall reflect the vote of the 
ARP, unless changed by the D/IMS or the ADD.


Sec.  1901.45  [Amended]

    7. In Sec.  1901.45, revise paragraph (a) to read as follows:


Sec.  1901.45  Notification of decision and right of judicial review.

    (a) In general. The Executive Secretary of the Agency Review Panel 
shall promptly prepare and communicate the final Agency decision to the 
requester. With respect to any decision to deny a request, that 
correspondence shall state the reasons for the decision and include a 
notice of a right to seek judicial review.
* * * * *

    Dated: August 10, 2011.
Joseph W. Lambert,
Director, Information Management Services.
[FR Doc. 2011-21575 Filed 9-22-11; 8:45 am]
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