Administrative Law - CFR - 32 CFR 2001.92: Definitions.


««« Previous Section  |  Next Section »»»

32 CFR 2001.92: Definitions.

(a) Accessioned records

means records of permanent historical value in the legal custody of NARA.

(b) Authorized person

means a person who has a favorable determination of eligibility for access to classified information, has signed an approved nondisclosure agreement, and has a need-to-know.

(c) Classification management

means the life-cycle management of classified national security information from original classification to declassification.

(d) Cleared commercial carrier

means a carrier that is authorized by law, regulatory body, or regulation, to transport Secret and Confidential material and has been granted a Secret facility clearance in accordance with the National Industrial Security Program.

(e) Control

means the authority of the agency that originates information, or its successor in function, to regulate access to the information.

(f) Employee

means a person, other than the President and Vice President, employed by, detailed or assigned to, an agency, including members of the Armed Forces; an expert or consultant to an agency; an industrial or commercial contractor, licensee, certificate holder, or grantee of an agency, including all subcontractors; a personal services contractor; or any other category of person who acts for or on behalf of an agency as determined by the appropriate agency head.

(g) Equity

 refers to information:
(1) Originally classified by or under the control of an agency;
(2) In the possession of the receiving agency in the event of transfer of function; or
(3) In the possession of a successor agency for an agency that has ceased to exist.

(h) Exempted

means nomenclature and markings indicating information has been determined to fall within an enumerated exemption from automatic declassification under the Order.

(i) Facility

means an activity of an agency authorized by appropriate authority to conduct classified operations or to perform classified work.

(j) Federal record

 includes all books, papers, maps, photographs, machine-readable materials, or other documentary materials, regardless of physical form or characteristics, made or received by an agency of the United States Government under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government or because of the informational value of data in them. Library and museum material made or acquired and preserved solely for reference, and stocks of publications and processed documents are not included. (44 U.S.C. 3301)

(k) Newly discovered records

means records that were inadvertently not reviewed prior to the effective date of automatic declassification because the appropriate agency personnel were unaware of their existence.

(l) Open storage area

means an area constructed in accordance with § 2001.53 of this part and authorized by the agency head for open storage of classified information.

(m) Original classification authority with jurisdiction over the information

 includes:
(1) The official who authorized the original classification, if that official is still serving in the same position;
(2) The originator's current successor in function;
(3) A supervisory official of either; or
(4) The senior agency official under the Order.

(n) Permanent records

means any Federal record that has been determined by the National Archives to have sufficient value to warrant its preservation in the National Archives. Permanent records include all records accessioned by the National Archives into the National Archives and later increments of the same records, and those for which the disposition is permanent on SF 115s, Request for Records Disposition Authority, approved by the National Archives on or after May 14, 1973.

(o) Permanently valuable information
 or permanent historical value

 refers to information contained in:
(1) Records that have been accessioned by the National Archives;
(2) Records that have been scheduled as permanent under a records disposition schedule approved by the National Archives; and
(3) Presidential historical materials, presidential records or donated historical materials located in the National Archives, a presidential library, or any other approved repository.

(p) Presidential papers, historical materials, and records

means the papers or records of the former Presidents under the legal control of the Archivist pursuant to sections 2111, 2111 note, or 2203 of title 44, U.S.C.

(q) Redaction

means the removal of classified information from copies of a document such that recovery of the information on the copy is not possible using any reasonably known technique or analysis.

(r) Risk management principles

means the principles applied for assessing threats and vulnerabilities and implementing security countermeasures while maximizing the sharing of information to achieve an acceptable level of risk at an acceptable cost.

(s) Security-in-depth

means a determination by the agency head that a facility's security program consists of layered and complementary security controls sufficient to deter and detect unauthorized entry and movement within the facility. Examples include, but are not limited to, use of perimeter fences, employee and visitor access controls, use of an Intrusion Detection System (IDS), random guard patrols throughout the facility during nonworking hours, closed circuit video monitoring or other safeguards that mitigate the vulnerability of open storage areas without alarms and security storage cabinets during nonworking hours.

(t) Supplemental controls

means prescribed procedures or systems that provide security control measures designed to augment the physical protection of classified information. Examples of supplemental controls include intrusion detection systems, periodic inspections of security containers or areas, and security-in-depth.

(u) Temporary records

means Federal records approved by NARA for disposal, either immediately or after a specified retention period. Also called disposable records.

(v) Transclassification

means information that has been removed from the Restricted Data category in order to carry out provisions of the National Security Act of 1947, as amended, and safeguarded under applicable Executive orders as “National Security Information.”

(w) Unscheduled records

means Federal records whose final disposition has not been approved by NARA. All records that fall under a NARA approved records control schedule are considered to be scheduled records.