[Federal Register Volume 76, Number 185 (Friday, September 23, 2011)]
[Rules and Regulations]
[Pages 59032-59034]
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CENTRAL INTELLIGENCE AGENCY
32 CFR Part 1908
Mandatory Declassification Review
AGENCY: Central Intelligence Agency.
ACTION: Final rule.
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[[Page 59033]]
SUMMARY: Consistent with Executive Order 13526, the Central
Intelligence Agency (CIA) has undertaken and completed a review of its
public Mandatory Declassification Review (MDR) regulations that govern
certain aspects of its processing of MDR requests. As a result of this
review, the Agency has revised its MDR 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 Procedure Act for rules of agency procedure and
interpretation.
DATES: Effective September 23, 2011.
FOR FURTHER INFORMATION CONTACT: Joseph W. Lambert, (703) 613-1379.
SUPPLEMENTARY INFORMATION: Consistent with Executive Order 13526, the
Central Intelligence Agency (CIA) has undertaken and completed a review
of its public Mandatory Declassification Review (MDR) regulations that
govern certain aspects of its processing of MDR requests. As a result
of this review, the Agency has revised its MDR 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 Procedure Act, 5 U.S.C. 553(b)(3)(A) for rules of agency
procedure and interpretation.
List of Subjects in 32 CFR Part 1908
Classified information, Mandatory declassification review.
Accordingly, the CIA is amending 32 CFR part 1908 as follows:
PART 1908--PUBLIC REQUESTS FOR MANDATORY DECLASSIFICATION REVIEW OF
CLASSIFIED INFORMATION PURSUANT TO SEC. 3.5 OF EXECUTIVE ORDER
13526
0
1. The authority citation for part 1908 is revised to read as follows:
Authority: Executive Order 13526 75 FR 707, 3 CFR 2010 Comp.,
p. 298-327 (or successor orders).
0
2. Revise the part heading to read as set forth above.
0
3. Revise Sec. 1908.01 to read as follows:
Sec. 1908.01 Authority and purpose.
(a) Authority: This part is issued under the authority of and in
order to implement section 3.5 of E.O. 13526 (or successor Orders); the
CIA Information Act of 1984), as amended (50 U.S.C. 431; section 102 of
the National Security Act of 1947, as amended (50 U.S.C. 403); and
section 6 of the CIA Act of 1949, as amended (5 U.S.C. 403g).
(b) Purpose: This part prescribes procedures, subject to
limitations set forth below, for members of the public to request a
declassification review of information classified under the Executive
Order 13526 or predecessor Orders. Section 3.5 of Executive Order 13526
and these regulations are not intended to and do not create any right
or benefit, substantive or procedural, enforceable at law by a party
against the United States, its agencies, officers, employees, or
agents, or any other person.
0
4. In Sec. 1908.02, revise paragraphs (d) and (l), and add paragraph
(m) to read as follows:
Sec. 1908.02 Definitions.
* * * * *
(d) Coordinator means the CIA Information and Privacy Coordinator
who serves as the Agency manager of the information review and release
program instituted under the mandatory declassification review
provisions of Executive Order 13526;
* * * * *
(l) The Order means Executive Order 13526 of December 29, 2009 and
published at 75 FR 707 (or successor Orders);
(m) 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.
0
5. Revise Sec. 1908.04 as follows:
Sec. 1908.04 Suggestions and complaints.
The Agency welcomes suggestions, comments, or complaints with
regard to its administration of the mandatory declassification review
program established under Executive Order 13526. Members of the public
shall address such communications to the CIA Information and Privacy
Coordinator. The Agency will respond as determined feasible and
appropriate under the circumstances.
0
6. Revise Sec. 1908.12 to read as follows:
Sec. 1908.12 Exceptions.
Mandatory Declassification Review requests will not be accepted
from an individual who is not a citizen of the United States or an
alien lawfully admitted for permanent residence, nor from a foreign
government entity or any representative thereof. Declassification
review requests will not be accepted for documents required to be
submitted for prepublication review or other administrative process
pursuant to an approved nondisclosure agreement; for information that
is the subject of pending litigation; nor for any document or material
containing information contained within an operational file exempted
from search and review, publication, and disclosure under the Freedom
of Information Act. If the Agency has reviewed the requested
information for declassification within the past two years, the Agency
will not conduct another review, but the Coordinator will notify
requester of this fact, the prior review decision, and of applicable
appeal rights pursuant to section 3.5(e) of the Order.
0
7. Revise Sec. 1908.13 to read as follows:
Sec. 1908.13 Requirements as to form.
The request shall describe the document or material containing the
information with sufficient specificity to enable the Agency to locate
it with a reasonable amount of effort.
Sec. 1908.14 [Amended]
0
8. Add Sec. 1908.14 to read as follows:
Sec. 1908.14 Fees.
(a) Form of payment. Fees may be paid in cash, by a check drawn on
or money order made payable to the Treasurer of the United States.
(b) Reproduction fees. Requesters submitting requests via NARA or
the various Presidential libraries or making requests directly to this
Agency shall be responsible for reproduction costs as follows: Fifty
cents per page and $10.00 per CD. There is a minimum fee of $15.00 per
request for reproductions.
(c) Search and review fees. Requesters making requests directly to
this agency also shall be liable for search and review fees as follows.
(d) Search fees. Applicable fees will be due even if our search
locates no responsive information or some or all of the responsive
information must be withheld under applicable authority.
(e) Computer searching. (1) Clerical/Technical--$20.00 per hour (or
fraction thereof).
(2) Professional/Supervisory--$40.00 per hour (or fraction
thereof).
(3) Manager/Senior Professional--$72.00 per hour (or fraction
thereof).
(f) Manual searching. (1) Clerical/Technical--$20.00 per hour (or
fraction thereof).
(2) Professional/Supervisory--$40.00 per hour (or fraction
thereof).
[[Page 59034]]
(3) Manager/Senior Professional--$72.00 per hour (or fraction
thereof).
(g) Document review. (1) Professional/Supervisory--$40.00 per hour
(or fraction thereof).
(2) Manager/Senior Professional--$72.00 per hour (or fraction
thereof).
(3) CIA will not charge review fees for time spent resolving
general legal or policy issues regarding the responsive information.
Sec. 1908.22 [Removed and Reserved]
0
9. Remove and reserve Sec. 1908.22.
0
10. In Sec. 1908.23, revise paragraph (b) to read as follows:
Sec. 1908.23 Determination by originator or interested party.
* * * * *
(b) Required determinations: These parties shall respond in writing
to the Coordinator with a finding as to the classified status of the
information, including the category of protected information as set
forth in section 1.4 of the Order, and, if older than ten years, the
basis for the extension of classification time under sections 1.5 and
3.3 of the Order. These parties shall also indicate whether withholding
is otherwise authorized and warranted in accordance with sections
3.5(c) and 6.2(d) of the Order.
* * * * *
Sec. 1908.24 [Removed and Reserved]
0
11. Remove and reserve Sec. 1908.24.
0
12. Revise Sec. 1908.33 to read as follows:
Sec. 1908.33 Designation of authority to hear appeals.
(a) Appeals: Appeals of initial denial decisions under the
Mandatory Declassification Request provisions of Executive Order 13526
shall be reviewed by the Agency Release Panel, which shall issue the
final Agency decision.
(b) Membership: The Agency Release Panel (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 ARP.
(c) Decisions: 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. Any
member of the ARP disagreeing with the results of a vote may appeal the
decision in writing to the Director, Information Management Services
(D/IMS). The appeal shall set forth clearly and concisely the reasons
D/IMS should reverse the ARP's decision. Upon receiving the written
appeal, D/IMS shall have ten business days to affirm or reverse, in
writing the APR's decision and shall so notify the appellant. In the
event of a disagreement with any declassification and release decision
by D/IMS, Directorate heads may appeal to the Associate Deputy Director
of 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. 1908.35 [Removed and Reserved]
0
13. Remove and reserve Sec. 1908.35.
0
14. Revise Sec. 1908.36 to read as follows:
Sec. 1908.36 Notification of decision and right of further appeal.
The Executive Secretary of the Agency Release Panel shall promptly
prepare and communicate the final Agency decision to the requester,
NARA, or the particular Presidential Library. That correspondence shall
include a notice, if applicable, that an appeal of the decision may be
made to the Interagency Security Classification Appeals Panel (ISCAP)
established pursuant to section 5.3 of the Order.
0
15. Revise Sec. 1908.41 to read as follows:
Sec. 1908.41 Right of Further Appeal.
A right of further appeal may be available to the Interagency
Security Classification Appeals Panel established pursuant to section
5.3 of the Order. Action by that Panel 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. 2011-21572 Filed 9-22-11; 8:45 am]
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