Mandatory Declassification Review, 59032-59034 [2011-21572]
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59032
Federal Register / Vol. 76, No. 185 / Friday, September 23, 2011 / Rules and Regulations
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.
■ 6. Revise § 1907.21 to read as follows:
§ 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.
§ 1907.22
■
■
[Removed and Reserved]
7. Remove and reserve § 1907.22.
8. Revise § 1907.23 to read as follows:
erowe on DSK2VPTVN1PROD with RULES
§ 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
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Jkt 223001
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.
■ 9. Revise § 1907.24 to read as follows:
§ 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.
■ 10. Revise § 1907.25 to read as
follows:
§ 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
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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.
■ 11. Revise § 1907.26 to read as
follows:
§ 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.
■ 12. Revise § 1907.31 to read as
follows:
§ 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]
BILLING CODE 6310–02–P
CENTRAL INTELLIGENCE AGENCY
32 CFR Part 1908
Mandatory Declassification Review
Central Intelligence Agency.
Final rule.
AGENCY:
ACTION:
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Federal Register / Vol. 76, No. 185 / Friday, September 23, 2011 / Rules and Regulations
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
1. The authority citation for part 1908
is revised to read as follows:
■
erowe on DSK2VPTVN1PROD with RULES
Authority: Executive Order 13526 75 FR
707, 3 CFR 2010 Comp., p. 298–327 (or
successor orders).
2. Revise the part heading to read as
set forth above.
■
■
§ 1908.01
Authority and purpose.
(a) Authority: This part is issued
under the authority of and in order to
VerDate Mar<15>2010
14:40 Sep 22, 2011
Jkt 223001
4. In § 1908.02, revise paragraphs (d)
and (l), and add paragraph (m) to read
as follows:
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.
■ 7. Revise § 1908.13 to read as follows:
§ 1908.02
§ 1908.13
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.
■
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.
■
5. Revise § 1908.04 as follows:
§ 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.
■ 6. Revise § 1908.12 to read as follows:
§ 1908.12
3. Revise § 1908.01 to read as follows:
59033
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
PO 00000
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Fmt 4700
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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.
§ 1908.14
■
[Amended]
8. Add § 1908.14 to read as follows:
§ 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).
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59034
Federal Register / Vol. 76, No. 185 / Friday, September 23, 2011 / Rules and Regulations
(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.
§ 1908.22
[Removed and Reserved]
9. Remove and reserve § 1908.22.
10. In § 1908.23, revise paragraph (b)
to read as follows:
■
■
§ 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.
*
*
*
*
*
§ 1908.24
[Removed and Reserved]
11. Remove and reserve § 1908.24.
■ 12. Revise § 1908.33 to read as
follows:
■
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§ 1908.33
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
14:40 Sep 22, 2011
Jkt 223001
§ 1908.35
[Removed and Reserved]
13. Remove and reserve § 1908.35.
■ 14. Revise § 1908.36 to read as
follows:
■
§ 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.
■ 15. Revise § 1908.41 to read as
follows:
§ 1908.41
Designation of authority to hear
VerDate Mar<15>2010
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.
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]
government personnel. As a result of
this review, the Agency has revised its
access 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 CIA
has undertaken and completed a review
of its public regulations on access by
historical researchers and certain former
government personnel. As a result of
this review, the Agency has revised its
access 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 1909
Access by historical researchers and
certain former government personnel,
Classified information.
Accordingly, the CIA is amending 32
CFR part 1909 as follows:
PART 1909—ACCESS BY HISTORICAL
RESEARCHERS AND CERTAIN
FORMER GOVERNMENT PERSONNEL
PURSUANT TO SEC. 4.4 OF
EXECUTIVE ORDER 13526
1. The authority citation for part 1909
is revised to read as follows:
■
BILLING CODE 6310–02–P
Authority: Executive Order 13526, 75 FR
707, 3 CFR 2010 Comp., p. 298–327 (or
successor Orders).
CENTRAL INTELLIGENCE AGENCY
■
32 CFR Part 1909
■
Access by Historical Researchers and
Certain Former Government Personnel
Central Intelligence Agency.
Final rule.
AGENCY:
ACTION:
SUMMARY: Consistent with Executive
Order 13526, the Central Intelligence
Agency (CIA) has undertaken and
completed a review of its public
regulations on access by historical
researchers and certain former
PO 00000
Frm 00032
Fmt 4700
2. Revise the part heading to read as
set forth above.
Sfmt 4700
3. Revise § 1909.01 to read as follows:
§ 1909.01
Authority and purpose.
(a) Authority. This part is issued
under the authority of and in order to
implement section 4.4 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 Central
Intelligence Agency Act of 1949, as
amended (50 U.S.C. 403g).
E:\FR\FM\23SER1.SGM
23SER1
]]>Agencies
[Federal Register Volume 76, Number 185 (Friday, September 23, 2011)]
[Rules and Regulations]
[Pages 59032-59034]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21572]
-----------------------------------------------------------------------
CENTRAL INTELLIGENCE AGENCY
32 CFR Part 1908
Mandatory Declassification Review
AGENCY: Central Intelligence Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
[[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]
BILLING CODE 6310-02-P
