[Federal Register Volume 76, Number 185 (Friday, September 23, 2011)]
[Rules and Regulations]
[Pages 59031-59032]
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CENTRAL INTELLIGENCE AGENCY
32 CFR Part 1907
Classification Challenge Regulations
AGENCY: Central Intelligence Agency.
ACTION: Final rule.
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SUMMARY: Consistent with Executive Order 13526, the Central
Intelligence Agency (CIA) has undertaken and completed a review of its
public Classification Challenge regulations. As a result of this
review, the Agency has revised its Classification Challenge regulations
to more clearly reflect the current CIA organizational structure and
policies and practices, and to eliminate ambiguous, redundant and
obsolete regulatory provisions. This rule is being issued as a final
rule without prior notice of proposed rulemaking as allowed by the
Administrative Procedures Act for rules of agency procedure and
interpretation and the CIA Act.
DATES: Effective September 23, 2011.
FOR FURTHER INFORMATION CONTACT: Joseph W. Lambert, (703) 613-1379.
SUPPLEMENTARY INFORMATION: Consistent with Executive Order 13526, the
CIA has undertaken and completed a review of its public Classification
Challenge regulations. As a result of this review, the Agency has
revised its Classification Challenge regulations to more clearly
reflect the current CIA organizational structure, record system
configuration, and policies and practices and to eliminate ambiguous,
redundant and obsolete regulatory provisions. This rule is being issued
as a final rule without prior notice of proposed rulemaking as allowed
by the Administrative Procedures Act, 5 U.S.C. 553(b)(3)(A) for rules
of agency procedure and interpretation and Section 6 of the CIA Act, as
amended, 50 U.S.C. 403g.
List of Subjects in 32 CFR Part 1907
Classification challenge, Classified information.
Accordingly, the CIA is amending 32 CFR part 1907 as follows:
PART 1907--CHALLENGES TO CLASSIFICATION OF DOCUMENTS BY AUTHORIZED
HOLDERS PURSUANT TO SEC. 1.8 OF EXECUTIVE ORDER 13526
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1. The authority citation for part 1907 is revised to read as follows:
Authority: Executive Order 13526 75 FR 707, 3 CFR 2010 Comp.,
P. 298-327; section 102 of the National Security Act of 1947;
section 6 of the CIA Act of 1949.
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2. Revise the part heading to read as set forth above.
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3. Revise Sec. 1907.01 to read as follows:
Sec. 1907.01 Authority and purpose.
(a) Authority: This Part is issued under the authority of and in
order to implement section 1.8 of E.O. 13526, section 102 of the
National Security Act of 1947, and section 6 of the CIA Act of 1949.
(b) Purpose: This part prescribes procedures for non-Agency
personnel who are authorized holders of CIA information, to challenge
the classification status, whether classified or unclassified, based on
a good faith belief that the current status of CIA information is
improper. This part and section 1.8 of Executive Order 13526 confer no
rights upon members of the general public or individuals who are not
authorized holders of CIA information.
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4. In Sec. 1907.02, revise paragraphs (b) and (j) and add paragraphs
(k) and (l) as follows:
Sec. 1907.02 Definitions.
* * * * *
(b) Authorized holder means anyone who has satisfied the conditions
for access to classified information stated in section 4.1(a) of
Executive Order 13526 and who has been granted access to such
information; the term does not include anyone authorized such access by
section 4.4 of Executive Order 13526.
* * * * *
(j) The Order means Executive Order 13526 of December 29, 2009 and
published at 75 FR 707 (or successor Orders).
(k) Chief, Classification Management and Collaboration Group refers
to the Agency official authorized to make the initial Agency
determination with respect to a challenge of the classification status
of CIA information.
(l) Agency Release Panel 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.
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5. Revise Sec. 1907.12 to read as follows:
Sec. 1907.12 Requirements as to form.
The challenge shall include identification of the challenger by
full name, Executive Branch agency, title of position, and information
required for verification of access, security clearance, and status as
an authorized holder of the CIA information in question. In addition,
the challenger must clearly identify documents or
[[Page 59032]]
portions of documents at issue and identify and describe the reasons
why it is believed that the information is improperly classified. The
challenge, itself, must be properly marked and classified and, in this
regard, the authorized holder must assume the current classification
status and marking of the information is correct until determined
otherwise unless the challenger asserts that the information marked
unclassified should be classified or that the information should be
classified at a higher level, in which case the challenger should mark
the challenge and related documents at the asserted classification
level.
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6. Revise Sec. 1907.21 to read as follows:
Sec. 1907.21 Exceptions.
(a) Documents required to be submitted for prepublication review or
other administrative process pursuant to an approved nondisclosure
agreement is not covered by this section.
(b) Whenever the Agency receives a classification challenge to
information that has been the subject of a challenge within the past
two years, the Agency is not required to process the challenge beyond
informing the challenger of this fact and the prior review decision;
advising the challenger of the right to appeal a final Agency decision
to the Interagency Security Classification Appeals Panel (ISCAP); and
informing the challenger that if they wish to exercise this right, they
must do so through Chief, Classification Management and Collaboration
Group who will then forward the appeal to the ISCAP.
(c) The Agency is not required to process classification challenges
to information that is the subject of pending litigation. If the
information that is the subject of a challenge falls into this
category, the Agency will take no action on the challenge and will
notify the challenger of this fact within 10 business days.
Sec. 1907.22 [Removed and Reserved]
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7. Remove and reserve Sec. 1907.22.
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8. Revise Sec. 1907.23 to read as follows:
Sec. 1907.23 Designation of authority to hear challenges.
(a) Chief, Classification Management and Collaboration Group shall
be responsible for the initial Agency decision in a classification
challenge.
(b) Agency Release Panel (ARP). Appeals of denials of
classification challenges shall be reviewed by the ARP which shall
issue the final Agency decision in accordance with 1907.25(c).
(c) ARP membership: The ARP is chaired by the Chief, Information
Review and Release Group and composed of the Information Review
Officers from the various Directorates and the Director, Central
Intelligence Agency area, as well as the representatives of the various
release programs and offices. The Information and Privacy Coordinator
also serves as Executive Secretary of the Panel.
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9. Revise Sec. 1907.24 to read as follows:
Sec. 1907.24. Initial determination.
(a) Formal challenges shall be directed to the CIA Information and
Privacy Coordinator (Coordinator) who shall promptly forward the
challenge to the C/CMCG for action. The C/CMCG shall be responsible for
the administrative processing of the challenge consistent with this
section.
(b) Within 10 business days of receipt of a challenge, the
Coordinator shall record the receipt of the challenge and provide the
challenger with written acknowledgement of the Agency's receipt.
(c) Except as provided in paragraph (d) of this section, the Agency
shall render an initial written response to a challenge within 60
business days of receipt.
(d) If the C/CMCG determines that the Agency is unable to respond
with a determination within 60 business days of receipt of the
challenge, C/CMCG will inform the Coordinator who will provide the
challenger with written notice of the date by which the Agency will
respond and a statement that if no Agency response is received within
120 business days, the challenger has the right to have the challenge
forwarded to the ISCAP, and may exercise this right through C/CMCG who
will then forward the challenge to ISCAP.
(e) The C/CMCG, after consultation with the originator of the
information and other parties shall inform the Coordinator of the
initial decision on the challenge and the Coordinator shall promptly
inform the challenger of the decision in writing and inform the
challenger of the right to appeal to the ARP if the challenge was
denied.
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10. Revise Sec. 1907.25 to read as follows:
Sec. 1907.25 Action on appeal of initial Agency determination.
(a) The challenger may, within 45 calendar days of receiving notice
of a denial of the challenge, appeal the denial to the ARP by sending
the appeal and any supplementary information in support of the
challenge to the Executive Secretary of the ARP (ES/ARP).
(b) Within 10 business days of receipt of an appeal, the ES/ARP
will record receipt, provide the challenger with written
acknowledgement, and forward the appeal to C/CMCG, the appropriate
IMTOs, originator, and other appropriate parties, who shall review the
appeal and related materials, and within 30 business days provide a
written recommendation to the ARP.
(c) The ARP shall meet on a regular schedule and may take action
when a simple majority of the total membership is present. Issues shall
be decided by a majority of the members 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 ES/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 related to
the classification challenge, 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.
(d) The ES/ARP shall promptly provide the challenger with written
notice of the final Agency decision and, if the appeal is denied,
inform the challenger of the right to appeal to the ISCAP through C/
CMCG, who will forward the appeal to the ISCAP.
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11. Revise Sec. 1907.26 to read as follows:
Sec. 1907.26 Prohibition on adverse action.
Agency correspondence to the challenger shall include a notice that
CIA will take no adverse action or retribution against the challenger
for bringing the classification challenge in good faith.
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12. Revise Sec. 1907.31 to read as follows:
Sec. 1907.31 Right of appeal.
A right of appeal may be available to the ISCAP established
pursuant to section 5.3 of the Order. Action by that body will be the
subject of rules to be promulgated by the Information Security
Oversight Office.
Dated: August 10, 2011.
Joseph W. Lambert,
Director, Information Management Services.
[FR Doc. 2011-21574 Filed 9-22-11; 8:45 am]
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