Public Interest Declassification Board; Revised Bylaws, 34765-34767 [2020-12364]
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Federal Register / Vol. 85, No. 110 / Monday, June 8, 2020 / Notices
Commission disclosing changes in its
membership. The notifications were
filed for the purpose of extending the
Act’s provisions limiting the recovery of
antitrust plaintiffs to actual damages
under specified circumstances.
Specifically, General Motors, LLC,
Detroit, MI and Mazda Motor of
America, Inc., Irvine, CA have
withdrawn as parties to this venture.
No other changes have been made in
either the membership or planned
activity of the group research project.
Membership in this group research
project remains open, and ACIC intends
to file additional written notifications
disclosing all changes in membership.
On January 11, 2017, ACIC filed its
original notification pursuant to Section
6(a) of the Act. The Department of
Justice published a notice in the Federal
Register pursuant to Section 6(b) of the
Act on February 27, 2017 (82 FR 11942).
The last notification was filed with
the Department on August 23, 2017. A
notice was published in the Federal
Register pursuant to Section 6(b) of the
Act on September 29, 2017 (82 FR
45611).
Suzanne Morris,
Chief, Premerger and Division Statistics,
Antitrust Division.
[FR Doc. 2020–12295 Filed 6–5–20; 8:45 am]
BILLING CODE 4410–11–P
DEPARTMENT OF JUSTICE
Suzanne Morris,
Chief, Premerger and Division Statistics,
Antitrust Division.
Antitrust Division
khammond on DSKJM1Z7X2PROD with NOTICES
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—Border Security
Technology Consortium
Notice is hereby given that, on May
19, 2020, pursuant to Section 6(a) of the
National Cooperative Research and
Production Act of 1993, 15 U.S.C. 4301
et seq. (‘‘the Act’’), Border Security
Technology Consortium (‘‘BSTC’’) has
filed written notifications
simultaneously with the Attorney
General and the Federal Trade
Commission disclosing changes in its
membership. The notifications were
filed for the purpose of extending the
Act’s provisions limiting the recovery of
antitrust plaintiffs to actual damages
under specified circumstances.
Specifically, Syzygy Integration LLC,
Philadelphia, PA; Rafael System Global
Sustainment, LLC, Bethesda, MD; and
Tsymmetry, Inc., Washington, DC have
been added as parties to this venture.
Also, Garud Technology Services,
Inc., Ellicott City, MD; Megaray LLC,
New York, NY; Intel Corporation, Santa
Clara, CA; TigerSwan, Inc., Apex, NC;
VerDate Sep<11>2014
17:09 Jun 05, 2020
Advanced Detection Technology, LLC,
Mooresville, NC; Surface Optics
Corporation, San Diego, CA;
SecureInsights, LLC, Washington, DC;
Synapse Technology Corporation, Palo
Alto, CA; Rigaku Analytical Devices,
Inc., Wilmington, DE; Tyto Athene, LLC,
Herndon, VA; BlackSky Geospatial
Solutions, Inc., Herndon, VA; Solute,
Inc., San Diego, CA; TCOM, LP,
Columbia, MD; Michael Baker Jr., Inc.,
Phoenix, AZ; Commdex Consulting,
LLC, Norcorss, GA; Unmanned
Solutions Technology, LLC,
Beavercreek, OH; Irvine Sensors
Corporation, Costa Mesa, CA; and ITI
Solutions, Inc., San Antonio, TX have
withdrawn as a party to this venture.
No other changes have been made in
either the membership or planned
activity of the group research project.
Membership in this group research
project remains open, and BSTC intends
to file additional written notifications
disclosing all changes in membership.
On May 30, 2012, BSTC filed its
original notification pursuant to Section
6(a) of the Act. The Department of
Justice published a notice in the Federal
Register pursuant to Section 6(b) of the
Act on June 18, 2012 (77 FR 36292).
The last notification was filed with
the Department on January 23, 2020. A
notice was published in the Federal
Register pursuant to section 6(b) of the
Act on February 27, 2020 (85 FR 11396).
Jkt 250001
[FR Doc. 2020–12306 Filed 6–5–20; 8:45 am]
34765
SAR, has been added as a party to this
venture.
Also, Visteon Corporation, Van Buren
Charter Township, MI; Guangdong
Creator & FlyAudio Ele & Tech Co., Ltd.,
Dongguan, PEOPLE’S REPUBLIC OF
CHINA; Lear Corporation, Detroit, MI;
IMAGICA Lab Inc., Tokyo, JAPAN;
Skypine Electronics (Shenzhen) Co.,
Ltd., Shenzhen City, PEOPLE’S
REPUBLIC OF CHINA; and Shanghai
Epic Music Manufacturing Operations,
Shanghai, PEOPLE’S REPUBLIC OF
CHINA, have withdrawn as parties to
this venture.
No other changes have been made in
either the membership or planned
activity of the group research project.
Membership in this group research
project remains open, and DVD CCA
intends to file additional written
notifications disclosing all changes in
membership.
On April 11, 2001, DVD CCA filed its
original notification pursuant to Section
6(a) of the Act. The Department of
Justice published a notice in the Federal
Register pursuant to Section 6(b) of the
Act on August 3, 2001 (66 FR 40727).
The last notification was filed with
the Department on December 26, 2019.
A notice was published in the Federal
Register pursuant to Section 6(b) of the
Act on January 27, 2020 (85 FR 4705).
Suzanne Morris,
Chief, Premerger and Division Statistics,
Antitrust Division.
[FR Doc. 2020–12303 Filed 6–5–20; 8:45 am]
BILLING CODE 4410–11–P
BILLING CODE 4410–11–P
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
DEPARTMENT OF JUSTICE
[NARA–2020–0046]
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—DVD Copy Control
Association
Notice is hereby given that, on May
27, 2020, pursuant to Section 6(a) of the
National Cooperative Research and
Production Act of 1993, 15 U.S.C. 4301
et seq. (‘‘the Act’’), DVD Copy Control
Association (‘‘DVD CCA’’) has filed
written notifications simultaneously
with the Attorney General and the
Federal Trade Commission disclosing
changes in its membership. The
notifications were filed for the purpose
of extending the Act’s provisions
limiting the recovery of antitrust
plaintiffs to actual damages under
specified circumstances. Specifically,
Ultra Source Trading Hong Kong
Limited, New Territories, HONG KONG
PO 00000
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Public Interest Declassification Board;
Revised Bylaws
Information Security Oversight
Office, National Archives and Records
Administration.
ACTION: Notice of revised Public Interest
Declassification Board Bylaws.
AGENCY:
We are announcing revisions
to the Bylaws of the Public Interest
Declassification Board (PIDB). The
members of the PIDB approved these
revised Bylaws and we are publishing
them with this notice, in accordance
with requirements in the Bylaws. You
may also find the Bylaws on the PIDB
website.
DATES: The revised Bylaws are effective
as of June 1, 2020.
ADDRESSES: You can see these Bylaws,
as well as additional information about
SUMMARY:
E:\FR\FM\08JNN1.SGM
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34766
Federal Register / Vol. 85, No. 110 / Monday, June 8, 2020 / Notices
the PIDB, at the PIDB website at https://
www.archives.gov/declassification/pidb.
FOR FURTHER INFORMATION CONTACT: John
C. Powers, Associate Director,
Classification Management, at the
Information Security Oversight Office,
by phone at 202.357.5183 or by email at
pidb@nara.gov.
SUPPLEMENTARY INFORMATION: The PIDB
is an executive branch board that
advises and makes recommendations to
the President and other executive
branch officials on matters related to
classifying and declassifying national
security information, as authorized by
Public Law 106–567, as amended, 50
U.S.C.A. § 3355a (Pub. L. 116–92,
December 20, 2019). The PIDB Bylaws
were previously last revised on May 30,
2007, and published in the Federal
Register on June 25, 2007. The Board’s
members approved the current revisions
to the Bylaws unanimously in a 5–0
vote with an effective date of June 1,
2020. The revisions include the
following changes: Adding the
requirement that the Board meet at least
quarterly in person, as provided in
Public Law 116–92, unless otherwise
prevented by public health or other
emergencies; clarifying what constitutes
a quorum for the Board to be authorized
to meet; a provision concerning
continuity of the Board in the event the
Board has fewer than three members
appointed; adjusting the decisionmaking process for declassification
recommendations to the President to
account for possible additional
vacancies on the Board; clarifying a
provision concerning the number of
votes required to approve amendments
to the Bylaws; and several minor
administrative changes.
PIDB Bylaws
(June 1, 2020)
Article I. Purpose
The purpose of the Public Interest
Declassification Board (the Board) and
these bylaws is to fulfill the functions
assigned to the Board by statute.
khammond on DSKJM1Z7X2PROD with NOTICES
Article II. Authority
Public Interest Declassification Act of
2000 (the Act, Pub. L. 106–567,
December 27, 2000), as amended, 50
U.S.C.A. § 3355a (Pub. L. 116–92,
December 20, 2019), and subsequent
amendments or successor authorities.
Article III. Membership
A. Membership. Appointments under
section 703(c) of the Act establish the
membership of the Board.
B. Chairperson. As provided in
section 703(d) of the Act, the President
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Jkt 250001
shall select the Chairperson from among
the members.
C. Vice Chairperson. The members
may elect from among the members a
Vice Chairperson who shall:
1. Chair meetings that the Chairperson
is unable to attend; and
2. Serve as Acting Chairperson during
a vacancy in the Chairperson of the
Board.
D. Continuity. During any period in
which the Board has fewer than three
current members appointed, the
Executive Secretary shall continue the
Board’s operations, in coordination with
current members, even though the
Board may not convene formal meetings
as described in Article IV below during
such time. This may include responding
to basic requests that do not require a
vote under Articles V and VIII below,
holding informal discussions with the
members, and maintaining or generating
records and reports.
Article IV. Meetings
A. Purpose. The primary purpose of
Board meetings is to discuss and bring
formal resolution to matters before the
Board.
B. Frequency. The Board shall meet at
the call of the Chairperson, who shall
schedule meetings at least quarterly and
in person, as provided in section 703(e)
of the Act, as amended (unless
otherwise prevented by public health or
other emergencies), and as may be
necessary for the Board to fulfill its
functions in a timely manner. The
Chairperson shall also convene the
Board when requested by a majority of
its members.
C. Quorum. Meetings of the Board
may be held only when a quorum is
present. As provided for in section
703(e) of the Act, a quorum requires the
presence of at least a majority of the
current members of the Board and shall
not be fewer than three members. If
there are fewer than three members
currently appointed at any time, the
Board may not convene a meeting, but
may have informal discussions of
administrative matters.
D. Attendance. To the greatest extent
feasible, meetings of the board will be
open to the public. In those instances
where the Board finds it necessary to
conduct business at a closed meeting,
attendance at meetings of the Board
shall be limited to those people
necessary for the Board to fulfill its
functions in a complete and timely
manner, as determined by the
Chairperson.
E. Agenda. The Chairperson shall
establish the agenda for all meetings.
Potential items for the agenda may be
submitted to the Chairperson by any
PO 00000
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Fmt 4703
Sfmt 4703
member or the Executive Secretary.
Acting through the Executive Secretary,
the Chairperson will distribute the
agenda and supporting materials to the
members as far in advance as possible
before a scheduled meeting. The
agendas shall be posted on the Board’s
website unless specified by the
Chairperson and agreed to by a majority
of the members.
F. Summaries. The Executive
Secretary shall be responsible for
preparing the summary of each meeting
and distributing it to each member. The
summaries will include a record of the
members present at the meeting and the
result of each vote. The summaries will
be maintained among the records of the
Board.
Article V. Voting
A. Motions. When the Board must
make a decision or recommendation to
resolve a matter before it, the
Chairperson shall request or accept a
motion for a vote. Any member,
including the Chairperson, may make a
motion for a vote. No second shall be
required to bring any motion to a vote.
A quorum must be present when a vote
is taken.
B. Eligibility. Only the members,
including the Chairperson, may vote on
a motion before the Board.
C. Voting procedures. Votes shall
ordinarily be taken and tabulated by a
show of hands, or other similar method
that can be used to record each
member’s vote.
D. Passing a motion. In response to a
motion, members may vote
affirmatively, negatively, or abstain from
voting. Except as otherwise provided in
these bylaws, a motion passes when a
majority of the members present vote in
the affirmative.
E. Votes in a non-meeting context.
The Chairperson may call for a vote of
the membership outside the context of
a formal Board meeting. The Executive
Secretary shall record and retain such
votes in a documentary form and
immediately report the results to the
Chairperson and other members.
Article VI. Support Staff
As provided in section 703(d)(2) of
the Act, the Director of the Information
Security Oversight Office will serve as
Executive Secretary to the Board, and,
in accordance with section 703(j) of the
Act, the staff of the Information Security
Oversight Office will provide program
and administrative support for the
Board. The Executive Secretary will
supervise the staff in this function
pursuant to the direction of the
Chairperson and Board. On an as
needed basis and in accordance with
E:\FR\FM\08JNN1.SGM
08JNN1
Federal Register / Vol. 85, No. 110 / Monday, June 8, 2020 / Notices
section 703(f) of the Act, the Board may
seek detailees from departments and
agencies to augment the staff of the
Information Security Oversight Office in
support of the Board.
khammond on DSKJM1Z7X2PROD with NOTICES
Article VII. Records
A. Integrity of Board records. The
Executive Secretary shall maintain
separately documentary materials,
regardless of their physical form or
characteristics, that are produced by or
presented to the Board or its staff in the
performance of the Board’s functions,
consistent with applicable Federal law.
B. Referrals. Any Freedom of
Information Act request or other access
request for a record that originated
within an agency other than the Board
shall be referred to that agency for
review.
Article VIII. Procedures for Handling
Congressional Requests To Declassify
Certain Records or Congressional
Requests To Review Declinations To
Declassify Specific Records and Making
Recommendations to the President
A. Purpose. This Article sets forth the
procedures for considering a proper
request under the Act from a committee
of jurisdiction in the Congress for the
Board to make a recommendation to the
President regarding the declassification
of certain records.
B. Narrowing requests. To expedite
the resolution of requests, and under the
direction of the Chairperson, the
Executive Secretary is authorized to
consult with the requesting committee
to narrow or prioritize the scope of the
request.
C. Standards for decision. A
recommendation to declassify a record
in whole or in part requires that the
Board determine, after careful
consideration of the views of the
original classifying authority, that
declassification is in the public interest.
A decision to recommend
declassification in whole or in part
requires that a majority of the members
present vote in the affirmative, except
when there are only three members
present, in which case all three must
vote in the affirmative.
D. Resolving requests. The Board may
recommend that the President: (1) Take
no action pursuant to the request; (2)
declassify the record(s) in whole or in
part pursuant to action taken in
accordance with paragraph C; or (3)
remand the matter to the agency
responsible for the record(s) for further
consideration and a timely response to
the Board.
E. Notification. The Chairperson shall
promptly convey to the President,
through the Assistant to the President
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for National Security Affairs, and to the
agency head responsible for the
record(s), the Board’s recommendation,
including a written justification for its
recommendation.
F. Protecting classified information.
Any classified information gathered to
evaluate a request shall be handled and
protected in accordance with Executive
Order 13526, Classified National
Security Information, or subsequent
executive order. Information that is
subject to a request for declassification
under this section shall remain
classified unless and until a final
decision is made by the President, or by
the agency head responsible for the
record(s), to declassify it. Decisions to
release declassified information rest
with the responsible agency rather than
the Board.
G. Maintaining records. The Executive
Secretary shall maintain a file of each
request among the records of the Board.
Article IX. Annual Reports to Congress
As provided in section 706(e) of the
Act, pertinent information and data
about the activities of the Board shall be
included in the report to the appropriate
congressional committees. The
Chairperson, in coordination with the
other members of the Board and the
Executive Secretary, shall determine
what information to include in each
Report.
Article X. Approval, Amendment, and
Publication of Bylaws
The approval and amendment of these
bylaws shall require that a majority of
the members present vote in the
affirmative, except when there are only
three members present, in which case
all three must vote in the affirmative.
The Executive Secretary shall submit
the approved bylaws and their
amendments for publication in the
Federal Register.
Kimberly Keravuori,
NARA Federal Register Liaison.
[FR Doc. 2020–12364 Filed 6–5–20; 8:45 am]
BILLING CODE 7515–01–P
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
[NARA–2020–0045]
Freedom of Information Act (FOIA)
Advisory Committee; Solicitation for
Committee Member Nominations
Office of Government
Information Services (OGIS), National
Archives and Records Administration
(NARA).
ACTION: Notice.
AGENCY:
PO 00000
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34767
The National Archives and
Records Administration (NARA) seeks
member nominations for the Freedom of
Information Act (FOIA) Advisory
Committee (Committee).
DATES: We must receive nominations for
Committee membership no later than
5:00 p.m. EDT on Thursday, July 2,
2020.
SUMMARY:
Email nominations to OGIS
at foia-advisory-committee@nara.gov.
We cannot accept submissions by mail
or delivery during this time period
because the building is closed due to
COVID–19 restrictions. If you are unable
to submit by email, please contact
Kirstin Mitchell at the contact
information below.
FOR FURTHER INFORMATION CONTACT:
Kirsten Mitchell by phone at
202.741.5775 or by email at foiaadvisory-committee@nara.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Background
The National Archives and Records
Administration (NARA) established the
Freedom of Information Act (FOIA)
Advisory Committee in accordance with
the United States Second Open
Government National Action Plan,
released on December 5, 2013, and
operates under the directive in FOIA, 5
U.S.C. 552(h)(2)(C), that the Office of
Government Information Services
(OGIS) within NARA ‘‘identify
procedures and methods for improving
compliance’’ with FOIA. The Committee
is governed by the provisions of the
Federal Advisory Committee Act, as
amended, 5 U.S.C. App.
II. Charter and Membership
Appointment Terms
NARA initially chartered the
Committee on May 20, 2014. The
Archivist of the United States renewed
the Committee’s charter for a fourth
term in May 2020 and certifies that
renewing the Committee is in the public
interest. Member appointment terms run
for two years, concurrent with the
Committee charter.
III. Committee Membership
The 2020–2022 FOIA Advisory
Committee will consist of no more than
20 individuals who will include a range
of Government and non-Government
representatives. Members are selected in
accordance with the charter.
Government members will include, at
a minimum: Three FOIA professionals
from Cabinet-level Departments; three
FOIA professionals from non-Cabinet
agencies; the director of the Department
of Justice’s Office of Information Policy
E:\FR\FM\08JNN1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 110 (Monday, June 8, 2020)]
[Notices]
[Pages 34765-34767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12364]
=======================================================================
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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
[NARA-2020-0046]
Public Interest Declassification Board; Revised Bylaws
AGENCY: Information Security Oversight Office, National Archives and
Records Administration.
ACTION: Notice of revised Public Interest Declassification Board
Bylaws.
-----------------------------------------------------------------------
SUMMARY: We are announcing revisions to the Bylaws of the Public
Interest Declassification Board (PIDB). The members of the PIDB
approved these revised Bylaws and we are publishing them with this
notice, in accordance with requirements in the Bylaws. You may also
find the Bylaws on the PIDB website.
DATES: The revised Bylaws are effective as of June 1, 2020.
ADDRESSES: You can see these Bylaws, as well as additional information
about
[[Page 34766]]
the PIDB, at the PIDB website at https://www.archives.gov/declassification/pidb.
FOR FURTHER INFORMATION CONTACT: John C. Powers, Associate Director,
Classification Management, at the Information Security Oversight
Office, by phone at 202.357.5183 or by email at [email protected].
SUPPLEMENTARY INFORMATION: The PIDB is an executive branch board that
advises and makes recommendations to the President and other executive
branch officials on matters related to classifying and declassifying
national security information, as authorized by Public Law 106-567, as
amended, 50 U.S.C.A. Sec. 3355a (Pub. L. 116-92, December 20, 2019).
The PIDB Bylaws were previously last revised on May 30, 2007, and
published in the Federal Register on June 25, 2007. The Board's members
approved the current revisions to the Bylaws unanimously in a 5-0 vote
with an effective date of June 1, 2020. The revisions include the
following changes: Adding the requirement that the Board meet at least
quarterly in person, as provided in Public Law 116-92, unless otherwise
prevented by public health or other emergencies; clarifying what
constitutes a quorum for the Board to be authorized to meet; a
provision concerning continuity of the Board in the event the Board has
fewer than three members appointed; adjusting the decision-making
process for declassification recommendations to the President to
account for possible additional vacancies on the Board; clarifying a
provision concerning the number of votes required to approve amendments
to the Bylaws; and several minor administrative changes.
PIDB Bylaws
(June 1, 2020)
Article I. Purpose
The purpose of the Public Interest Declassification Board (the
Board) and these bylaws is to fulfill the functions assigned to the
Board by statute.
Article II. Authority
Public Interest Declassification Act of 2000 (the Act, Pub. L. 106-
567, December 27, 2000), as amended, 50 U.S.C.A. Sec. 3355a (Pub. L.
116-92, December 20, 2019), and subsequent amendments or successor
authorities.
Article III. Membership
A. Membership. Appointments under section 703(c) of the Act
establish the membership of the Board.
B. Chairperson. As provided in section 703(d) of the Act, the
President shall select the Chairperson from among the members.
C. Vice Chairperson. The members may elect from among the members a
Vice Chairperson who shall:
1. Chair meetings that the Chairperson is unable to attend; and
2. Serve as Acting Chairperson during a vacancy in the Chairperson
of the Board.
D. Continuity. During any period in which the Board has fewer than
three current members appointed, the Executive Secretary shall continue
the Board's operations, in coordination with current members, even
though the Board may not convene formal meetings as described in
Article IV below during such time. This may include responding to basic
requests that do not require a vote under Articles V and VIII below,
holding informal discussions with the members, and maintaining or
generating records and reports.
Article IV. Meetings
A. Purpose. The primary purpose of Board meetings is to discuss and
bring formal resolution to matters before the Board.
B. Frequency. The Board shall meet at the call of the Chairperson,
who shall schedule meetings at least quarterly and in person, as
provided in section 703(e) of the Act, as amended (unless otherwise
prevented by public health or other emergencies), and as may be
necessary for the Board to fulfill its functions in a timely manner.
The Chairperson shall also convene the Board when requested by a
majority of its members.
C. Quorum. Meetings of the Board may be held only when a quorum is
present. As provided for in section 703(e) of the Act, a quorum
requires the presence of at least a majority of the current members of
the Board and shall not be fewer than three members. If there are fewer
than three members currently appointed at any time, the Board may not
convene a meeting, but may have informal discussions of administrative
matters.
D. Attendance. To the greatest extent feasible, meetings of the
board will be open to the public. In those instances where the Board
finds it necessary to conduct business at a closed meeting, attendance
at meetings of the Board shall be limited to those people necessary for
the Board to fulfill its functions in a complete and timely manner, as
determined by the Chairperson.
E. Agenda. The Chairperson shall establish the agenda for all
meetings. Potential items for the agenda may be submitted to the
Chairperson by any member or the Executive Secretary. Acting through
the Executive Secretary, the Chairperson will distribute the agenda and
supporting materials to the members as far in advance as possible
before a scheduled meeting. The agendas shall be posted on the Board's
website unless specified by the Chairperson and agreed to by a majority
of the members.
F. Summaries. The Executive Secretary shall be responsible for
preparing the summary of each meeting and distributing it to each
member. The summaries will include a record of the members present at
the meeting and the result of each vote. The summaries will be
maintained among the records of the Board.
Article V. Voting
A. Motions. When the Board must make a decision or recommendation
to resolve a matter before it, the Chairperson shall request or accept
a motion for a vote. Any member, including the Chairperson, may make a
motion for a vote. No second shall be required to bring any motion to a
vote. A quorum must be present when a vote is taken.
B. Eligibility. Only the members, including the Chairperson, may
vote on a motion before the Board.
C. Voting procedures. Votes shall ordinarily be taken and tabulated
by a show of hands, or other similar method that can be used to record
each member's vote.
D. Passing a motion. In response to a motion, members may vote
affirmatively, negatively, or abstain from voting. Except as otherwise
provided in these bylaws, a motion passes when a majority of the
members present vote in the affirmative.
E. Votes in a non-meeting context. The Chairperson may call for a
vote of the membership outside the context of a formal Board meeting.
The Executive Secretary shall record and retain such votes in a
documentary form and immediately report the results to the Chairperson
and other members.
Article VI. Support Staff
As provided in section 703(d)(2) of the Act, the Director of the
Information Security Oversight Office will serve as Executive Secretary
to the Board, and, in accordance with section 703(j) of the Act, the
staff of the Information Security Oversight Office will provide program
and administrative support for the Board. The Executive Secretary will
supervise the staff in this function pursuant to the direction of the
Chairperson and Board. On an as needed basis and in accordance with
[[Page 34767]]
section 703(f) of the Act, the Board may seek detailees from
departments and agencies to augment the staff of the Information
Security Oversight Office in support of the Board.
Article VII. Records
A. Integrity of Board records. The Executive Secretary shall
maintain separately documentary materials, regardless of their physical
form or characteristics, that are produced by or presented to the Board
or its staff in the performance of the Board's functions, consistent
with applicable Federal law.
B. Referrals. Any Freedom of Information Act request or other
access request for a record that originated within an agency other than
the Board shall be referred to that agency for review.
Article VIII. Procedures for Handling Congressional Requests To
Declassify Certain Records or Congressional Requests To Review
Declinations To Declassify Specific Records and Making Recommendations
to the President
A. Purpose. This Article sets forth the procedures for considering
a proper request under the Act from a committee of jurisdiction in the
Congress for the Board to make a recommendation to the President
regarding the declassification of certain records.
B. Narrowing requests. To expedite the resolution of requests, and
under the direction of the Chairperson, the Executive Secretary is
authorized to consult with the requesting committee to narrow or
prioritize the scope of the request.
C. Standards for decision. A recommendation to declassify a record
in whole or in part requires that the Board determine, after careful
consideration of the views of the original classifying authority, that
declassification is in the public interest. A decision to recommend
declassification in whole or in part requires that a majority of the
members present vote in the affirmative, except when there are only
three members present, in which case all three must vote in the
affirmative.
D. Resolving requests. The Board may recommend that the President:
(1) Take no action pursuant to the request; (2) declassify the
record(s) in whole or in part pursuant to action taken in accordance
with paragraph C; or (3) remand the matter to the agency responsible
for the record(s) for further consideration and a timely response to
the Board.
E. Notification. The Chairperson shall promptly convey to the
President, through the Assistant to the President for National Security
Affairs, and to the agency head responsible for the record(s), the
Board's recommendation, including a written justification for its
recommendation.
F. Protecting classified information. Any classified information
gathered to evaluate a request shall be handled and protected in
accordance with Executive Order 13526, Classified National Security
Information, or subsequent executive order. Information that is subject
to a request for declassification under this section shall remain
classified unless and until a final decision is made by the President,
or by the agency head responsible for the record(s), to declassify it.
Decisions to release declassified information rest with the responsible
agency rather than the Board.
G. Maintaining records. The Executive Secretary shall maintain a
file of each request among the records of the Board.
Article IX. Annual Reports to Congress
As provided in section 706(e) of the Act, pertinent information and
data about the activities of the Board shall be included in the report
to the appropriate congressional committees. The Chairperson, in
coordination with the other members of the Board and the Executive
Secretary, shall determine what information to include in each Report.
Article X. Approval, Amendment, and Publication of Bylaws
The approval and amendment of these bylaws shall require that a
majority of the members present vote in the affirmative, except when
there are only three members present, in which case all three must vote
in the affirmative. The Executive Secretary shall submit the approved
bylaws and their amendments for publication in the Federal Register.
Kimberly Keravuori,
NARA Federal Register Liaison.
[FR Doc. 2020-12364 Filed 6-5-20; 8:45 am]
BILLING CODE 7515-01-P
