Classification, De-Classification, and Public Availability of National Security Information, 35374-35376 [2020-10248]
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Federal Register / Vol. 85, No. 112 / Wednesday, June 10, 2020 / Rules and Regulations
consistent with the principle of safety
and soundness and the public interest,
any administrative burdens that such
regulations would place on depository
institutions, including small depository
institutions, and customers of
depository institutions, as well as the
benefits of such regulations. In addition,
section 302(b) of RCDRIA requires new
regulations and amendments to
regulations that impose additional
reporting, disclosures, or other new
requirements on IDIs generally to take
effect on the first day of a calendar
quarter that begins on or after the date
on which the regulations are published
in final form, with certain exceptions,
including for good cause.11 For the
reasons described above, the OCC finds
good cause exists under section 302 of
RCDRIA to publish this correcting
amendment with an immediate effective
date. As such, the IFR will be effective
immediately.
D. Regulatory Flexibility Act
The Regulatory Flexibility Act
(RFA) 12 requires an agency to consider
whether the rules it proposes will have
a significant economic impact on a
substantial number of small entities.13
The RFA applies only to rules for which
an agency publishes a general notice of
proposed rulemaking pursuant to 5
U.S.C. 553(b). As discussed previously,
consistent with section 553(b)(B) of the
APA, the OCC has determined for good
cause that general notice and
opportunity for public comment is
unnecessary, and therefore the OCC is
not issuing a notice of proposed
rulemaking. Accordingly, the OCC has
concluded that the RFA’s requirements
relating to initial and final regulatory
flexibility analysis do not apply.
F. Unfunded Mandates
As a general matter, the Unfunded
Mandates Act of 1995 (UMRA) 14
requires the preparation of a budgetary
impact statement before promulgating a
rule that includes a Federal mandate
that may result in the expenditure by
State, local, and tribal governments, in
the aggregate, or by the private sector, of
$100 million or more in any one year.
However, the UMRA does not apply to
final rules for which a general notice of
proposed rulemaking was not
DEPARTMENT OF COMMERCE
List of Subjects in 12 CFR Part 7
RIN 0605–AA41
Computer technology, Credit,
Derivatives, Federal savings
associations, Insurance, Investments,
Metals, National banks, Reporting and
recordkeeping requirements, Securities,
Security bonds.
Classification, De-Classification, and
Public Availability of National Security
Information
For the reasons set out in the
preamble, the OCC corrects 12 CFR part
7 by making the following correcting
amendment:
PART 7—ACTIVITIES AND
OPERATIONS
1. The authority citation for part 7
continues to read as follows:
■
Authority: 12 U.S.C. 1 et seq., 25b, 29, 71,
71a, 92, 92a, 93, 93a, 95(b)(1), 371, 371d, 481,
484, 1463, 1464, 1465, 1818, 1828(m),
3102(b), and 5412(b)(2)(B).
■
2. Add § 7.1001 to read as follows:
§ 7.1001 National bank acting as general
insurance agent
Pursuant to 12 U.S.C. 92, a national
bank may act as an agent for any fire,
life, or other insurance company in any
place the population of which does not
exceed 5,000 inhabitants. This section is
applicable to any office of a national
bank when the office is located in a
community having a population of less
than 5,000, even though the principal
office of such bank is located in a
community whose population exceeds
5,000.
§ 7.2001
■
[Reserved]
3. Remove and reserve § 7.2001.
Jonathan V. Gould,
Senior Deputy Comptroller and Chief
Counsel.
[FR Doc. 2020–12570 Filed 6–9–20; 8:45 am]
BILLING CODE 4810–33–P
11 12
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U.S.C. 4802.
U.S.C. 601 et seq.
13 Under regulations issued by the Small Business
Administration, a small entity includes a depository
institution, bank holding company, or savings and
loan holding company with total assets of $600
million or less and trust companies with total assets
of $41.5 million or less. See 13 CFR 121.201.
14 2 U.S.C. 1531 et seq.
published.15 Therefore, because the
OCC has found good cause to dispense
with notice and comment for this
correcting amendment, the OCC has not
prepared an economic analysis of the
rule under the UMRA.
12 5
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15 See
PO 00000
2 U.S.C. 1532(a).
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Sfmt 4700
Office of the Secretary
15 CFR Part 4a
[Docket No. 170329327–88116–01]
Office of Security, Department
of Commerce.
ACTION: Final rule.
AGENCY:
This rulemaking updates and
clarifies the Secretary of Commerce’s
delegation of authority, consistent with
current practice, for implementation of
the executive order ‘‘Classified National
Security Information,’’ as well as for
designations of ‘‘Original Classification
Authorities,’’ prohibitions of further
delegation, the designation of
classification levels and durations of
information classification, the process
for mandatory reviews of information
subject to declassification, and the
process and conditions for allowing
access to Department of Commerce
classified information by individuals
outside of the Government.
DATES: This rule is effective June 10,
2020.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Jason Groves, Information and
Personnel Security Division, Office of
Security, United States Department of
Commerce, Washington, DC 20230,
(202) 482–2685.
SUPPLEMENTARY INFORMATION: Part 4a of
title 15 of the Code of Federal
Regulation establishes responsibility
within the Department of Commerce for
the classification, declassification, and
public availability of national security
information in accordance with
applicable executive orders. Sections
4a.1, 4a.2, 4a.3 and 4a.5 of part 4a
reference Executive Order 12958 (E.O.
12958) of April 17, 1995 (60 FR 19825;
April 20, 1995). However, E.O. 12958
was revoked and replaced by Executive
Order 13526 (E.O. 13526) on December
29, 2009 (75 FR 707; January 5, 2010)
(See also, correction of signature date at
75 FR 1013; January 8, 2010). This final
rule updates and clarifies part 4a by
deleting all outdated references to E.O.
12958, and, instead, referring to the
requirements of E.O. 13526. In addition,
section 4a.2 lists the Deputy Assistant
Secretary for Security as the position
designated by the Secretary of
Commerce as being responsible for
implementing the executive order and
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Federal Register / Vol. 85, No. 112 / Wednesday, June 10, 2020 / Rules and Regulations
jbell on DSKJLSW7X2PROD with RULES
part 4a. However, the position of Deputy
Assistant Secretary no longer exists,
having been replaced by a Director for
Security. The Director for Security, a
member of the Senior Executive Service,
is now responsible for these duties.
Therefore, this rule also updates part 4a
by removing all references to ‘‘Deputy
Assistant Secretary’’ and instead,
referring to the ‘‘Director for Security’’
throughout.
E.O. 13526. E.O. 12958, which was
issued by President Clinton in 1995,
was the first post-Cold War executive
order to protect information critical to
the Nation’s security by prescribing a
uniform system for classifying,
safeguarding, and declassifying national
security information within the
Executive Branch. It also provided for
automatic declassification for
information determined to have
permanent historical value. E.O. 13526,
which was issued by President Obama
in 2009, was generally consistent with
the previous executive order, but it
included additional procedural and
systemic changes to reinforce the
concept of openness in government by
further promoting the declassification
and public access to information as soon
as national security considerations
permit. Among other things, E.O. 13526
established within the National
Archives and Records Administration a
National Declassification Center to
streamline the declassification process,
facilitate quality-assurance measures,
and implement standardized training
regarding the declassification of records
determined to have permanent
historical value. In addition to the
updates noted above, this final rule
makes changes to part 4a to add
language consistent with requirements
set forth in E.O. 13526.
Classification
This final rule has been determined to
be not significant for the purposes of
review under Executive Order 12866.
Prior notice and an opportunity for
public comment are not necessary, as
they are not required by the
Administrative Procedure Act (APA) for
rules concerning agency organization,
procedure, or practice (5 U.S.C.
553(b)(A)). The Department finds good
cause to waive the 30-day delay in the
date of effectiveness because a 30-day
delay is unnecessary (5 U.S.C.
553(d)(3)). This final rule merely
updates the regulations to reflect the
current position title and the
requirements of the current, applicable
executive order. The changes in this
final rule are consistent with existing
policies and procedures. Because notice
and opportunity for comment are not
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15:58 Jun 09, 2020
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required pursuant to the APA or any
other law, the analytical requirements of
the Regulatory Flexibility Act (5 U.S.C.
601 et seq.) do not apply. Therefore, a
regulatory flexibility analysis is not
required, and none has been prepared.
List of Subjects in 15 CFR Part 4a
Classified information.
Dated: April 9, 2020.
Michael Harman,
Assistant Director for Security.
For the reasons stated in the
preamble, 15 CFR part 4a is amended as
follows:
PART 4a—CLASSIFICATION,
DECLASSIFICATION, AND PUBLIC
AVAILABILITY OF NATIONAL
SECURITY INFORMATION
1. The authority citation for part 4a is
revised to read as follows:
■
Authority: E.O. 13526; 75 FR 707, January
5, 2010 (as corrected at 75 FR 1013, January
8, 2010).
■
2. Revise § 4a.1 to read as follows:
§ 4a.1
General.
Executive Order 13526 provides the
only basis for classifying information
within the Department of Commerce
(Department), except as provided in the
Atomic Energy Act of 1954, as amended.
The Department’s policy is to make
information concerning its activities
available to the public, consistent with
the need to protect the national defense
and foreign relations of the United
States. Accordingly, security
classification shall be applied only to
protect the national security.
■ 3. Revise § 4a.2 to read as follows:
§ 4a.2
Director for Security.
The Director for Security is
responsible for implementing and
ensuring compliance with E.O. 13526
and this part.
■ 4. Revise § 4a.3 to read as follows:
§ 4a.3
Classification levels.
Information may be classified as
national security information by a
designated original classifier of the
Department if it is determined the
information concerns one or more of the
categories described in section 1.4 of
E.O. 13526. The levels established in
section 1.2 of E.O. 13526 (Top Secret,
Secret, and Confidential) are the only
terms that may be applied to national
security information. Except as
provided by statute, no other terms shall
be used within the Department for the
three classification levels.
■ 5. Revise § 4a.4 to read as follows:
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§ 4a.4
35375
Classification authority.
(a) Authority to originally classify
information as Secret or Confidential
may be exercised only by the Secretary
of Commerce and by officials to whom
such authority is specifically delegated.
No official of the Department is
authorized to originally classify
information as Top Secret.
(b) In accordance with section
1.3(c)(1) of E.O. 13526, delegations of
original classification authority shall be
limited to the minimum required to
administer E.O. 13526. The Secretary of
Commerce shall ensure that designated
subordinate officials have a
demonstrable and continuing need to
exercise delegated original classification
authority.
(c) In accordance with section
1.3(c)(4) of E.O. 13526, each delegation
of original classification authority shall
be in writing and the authority shall not
be redelegated except as provided in
E.O. 13526.
(d) In accordance with section
1.3(c)(4) of E.O. 13526, each delegation
shall identify the official by name or
position.
(e) In accordance with section
1.3(c)(5) of E.O. 13526, delegations of
original classification authority shall be
reported or made available by name or
position to the Director of the
Information Security Oversight Office in
the National Archives and Records
Administration.
(f) In accordance with section 1.3(d)
of E.O. 13526, all original classification
authorities and their designates shall
receive training in proper classification
(including the avoidance of overclassification) and declassification as
provided in E.O. 13526 and its
implementing directives at least once a
calendar year.
■ 6. Revise § 4a.5 to read as follows:
§ 4a.5
Duration of classification.
(a) Information shall remain classified
no longer than ten years from the date
of its original classification, unless, in
accordance with section 1.5(b) of E.O.
13526, the original classification
authority otherwise determines that the
sensitivity of the information requires
that it be marked for declassification for
up to 25 years from the date of the
original decision.
(b) For Department of Commerce
originally classified information marked
for an indefinite duration which
contains incomplete declassification
instructions, or lacks them entirely:
(1) The information shall be
declassified in accordance with E.O.
13526 as soon as it no longer meets the
standards for classification under E.O.
13526, or
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Federal Register / Vol. 85, No. 112 / Wednesday, June 10, 2020 / Rules and Regulations
(2) if the standards for classification
under E.O. 13526 are met, the
information shall be declassified after
10 years from the date of the original
classification, unless the original
classification authority determines that
the sensitivity of the information
requires that it remain classified for up
to 25 years from the date of the original
classification, as provided in section
1.5.(b) of E.O. 13526.
■ 7. Amend § 4a.7 by revising
paragraphs (a), (c), (d), and (e) to read
as follows:
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§ 4a.7 Mandatory review for
declassification.
(a) Requests. Classified information
under the jurisdiction of the Department
is subject to review for declassification
in accordance with 32 CFR 2001.33,
upon receipt of a written request that
describes the information with
sufficient specificity to locate it with a
reasonable amount of effort. Requests
must be submitted to the Director for
Security, U.S. Department of Commerce,
1401 Constitution Avenue NW,
Washington, DC 20230.
*
*
*
*
*
(c) Processing requirements. (1) For
requests for review of classified
information not received from the
National Archives and Records
Administration, the Director for
Security, or their designate, shall
acknowledge receipt of the request
directly to the requester. If a request
does not adequately describe the
information sought in accordance with
paragraph (a) of this section, the
requester shall be notified that unless
additional information is provided, no
further action will be taken. The request
shall be forwarded to the component
that originated the information or that
has primary interest in the subject
matter. The component assigned action
shall review the information in
accordance with § 4a.7(c)(2) through (4)
within twenty working days.
(2) The component assigned action
shall determine whether, under the
declassification provisions of the U.S.
Department of Commerce’s Manual of
Security, the entire document or
portions thereof may be declassified.
Declassification of the information shall
be accomplished by a designated
declassification authority. Upon
declassification, the information shall
be remarked. If the information is not
partially or entirely declassified, the
reviewing official shall provide the
reasons for denial by citing the
applicable provisions of E.O. 13526. If
the classification is a derivative decision
based on classified source material of
another Federal agency, the component
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shall provide the information to the
originator for review.
(3) If information is declassified, the
component shall also determine
whether it is releasable under the
Freedom of Information Act (FOIA) as
amended (5 U.S.C. 552). If the
information is not releasable, the
component shall advise the Director for
Security that the information has been
declassified but that it is exempt from
disclosure, citing the appropriate
exemption of the FOIA as amended.
(4) If the request for declassification is
denied in whole or in part, the requester
shall be notified of the right to appeal
the determination within sixty calendar
days and of the procedures for such an
appeal. If declassified information
remains exempt from disclosure under
the FOIA as amended, the requester
shall be advised of the appellate
procedures under that law.
(d) Fees. If the request requires
services for which fees are chargeable,
the component assigned action shall
calculate the anticipated fees to be
charged, and may be required to
ascertain the requester’s willingness to
pay the allowable charges as a
precondition to taking further action on
the request, in accordance with
Department of Commerce rules
promulgated under 5 U.S.C. 552(a)(4)(A)
of the Freedom of Information Act as
amended and Department of Commerce
rules promulgated under 5 U.S.C.
552a(f)(5) of the Privacy Act of 1974 (5
U.S.C. 552a).
(e) Right of appeal. (1) A requester
may appeal to the Director for Security
when information requested under this
section is not completely declassified
and released after expiration of the
applicable time limits. Within thirty
working days (i.e., excluding Saturdays,
Sundays, and legal public holidays) of
receipt of a written appeal:
(i) The Director for Security shall
determine whether continued
classification of the requested
information is required in whole or in
part;
(ii) If information is declassified,
determine whether it is releasable under
the Freedom of Information Act as
amended; and
(iii) Notify the requester of his or her
determination, making available any
information determined to be releasable.
If continued classification is required
under the provisions of the Department
of Commerce Manual for Security, the
Director for Security shall notify the
requester of his or her determination,
including the reasons for denial based
on applicable provisions of E.O. 13526,
and of the right of final appeal to the
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
Interagency Security Classification
Appeals Panel.
(2) During the declassification review
of information under appeal the Director
for Security may overrule previous
determinations in whole or in part if
continued protection in the interest of
national security is no longer required.
If the Director for Security determines
that the information no longer requires
classification, it shall be declassified
and, unless it is otherwise exempt from
disclosure under the Freedom of
Information Act as amended, released to
the requester. The Director for Security
shall advise the original reviewing
component of his or her decision.
■ 8. Amend § 4a.8 by revising paragraph
(b)(5) introductory text to read as
follows:
§ 4a.8 Access to classified information by
individuals outside the Government.
*
*
*
*
*
(b) * * *
(5) Receives from the Director for
Security:
*
*
*
*
*
[FR Doc. 2020–10248 Filed 6–9–20; 8:45 am]
BILLING CODE 3510–20–P
DEPARTMENT OF STATE
22 CFR Parts 120, 122, 123, 124, and
129
[Public Notice: 11137]
International Traffic in Arms
Regulations: Request for Comment
Regarding the Temporary Suspension,
Modification, or Exception to
Regulations During SARS–COV2
Public Health Emergency
Department of State.
Request for comments.
AGENCY:
ACTION:
The Department of State, is
requesting comment from the public
regarding certain temporary
suspensions, modifications, and
exceptions to several provisions of the
International Traffic in Arms
Regulations (ITAR) recently issued in
order to ensure continuity of operations
within the Directorate of Defense Trade
Controls (DDTC) and among entities
registered with DDTC pursuant to the
ITAR during the current SARS–COV2
public health emergency.
DATES: Comments are due by June 25,
2020.
SUMMARY:
Interested parties may
submit comments by one of the
following methods:
• Email: DDTCPublicComments@
state.gov with the subject line, ‘‘Request
ADDRESSES:
E:\FR\FM\10JNR1.SGM
10JNR1
]]>Agencies
[Federal Register Volume 85, Number 112 (Wednesday, June 10, 2020)]
[Rules and Regulations]
[Pages 35374-35376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10248]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Office of the Secretary
15 CFR Part 4a
[Docket No. 170329327-88116-01]
RIN 0605-AA41
Classification, De-Classification, and Public Availability of
National Security Information
AGENCY: Office of Security, Department of Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rulemaking updates and clarifies the Secretary of
Commerce's delegation of authority, consistent with current practice,
for implementation of the executive order ``Classified National
Security Information,'' as well as for designations of ``Original
Classification Authorities,'' prohibitions of further delegation, the
designation of classification levels and durations of information
classification, the process for mandatory reviews of information
subject to declassification, and the process and conditions for
allowing access to Department of Commerce classified information by
individuals outside of the Government.
DATES: This rule is effective June 10, 2020.
FOR FURTHER INFORMATION CONTACT: Jason Groves, Information and
Personnel Security Division, Office of Security, United States
Department of Commerce, Washington, DC 20230, (202) 482-2685.
SUPPLEMENTARY INFORMATION: Part 4a of title 15 of the Code of Federal
Regulation establishes responsibility within the Department of Commerce
for the classification, declassification, and public availability of
national security information in accordance with applicable executive
orders. Sections 4a.1, 4a.2, 4a.3 and 4a.5 of part 4a reference
Executive Order 12958 (E.O. 12958) of April 17, 1995 (60 FR 19825;
April 20, 1995). However, E.O. 12958 was revoked and replaced by
Executive Order 13526 (E.O. 13526) on December 29, 2009 (75 FR 707;
January 5, 2010) (See also, correction of signature date at 75 FR 1013;
January 8, 2010). This final rule updates and clarifies part 4a by
deleting all outdated references to E.O. 12958, and, instead, referring
to the requirements of E.O. 13526. In addition, section 4a.2 lists the
Deputy Assistant Secretary for Security as the position designated by
the Secretary of Commerce as being responsible for implementing the
executive order and
[[Page 35375]]
part 4a. However, the position of Deputy Assistant Secretary no longer
exists, having been replaced by a Director for Security. The Director
for Security, a member of the Senior Executive Service, is now
responsible for these duties. Therefore, this rule also updates part 4a
by removing all references to ``Deputy Assistant Secretary'' and
instead, referring to the ``Director for Security'' throughout.
E.O. 13526. E.O. 12958, which was issued by President Clinton in
1995, was the first post-Cold War executive order to protect
information critical to the Nation's security by prescribing a uniform
system for classifying, safeguarding, and declassifying national
security information within the Executive Branch. It also provided for
automatic declassification for information determined to have permanent
historical value. E.O. 13526, which was issued by President Obama in
2009, was generally consistent with the previous executive order, but
it included additional procedural and systemic changes to reinforce the
concept of openness in government by further promoting the
declassification and public access to information as soon as national
security considerations permit. Among other things, E.O. 13526
established within the National Archives and Records Administration a
National Declassification Center to streamline the declassification
process, facilitate quality-assurance measures, and implement
standardized training regarding the declassification of records
determined to have permanent historical value. In addition to the
updates noted above, this final rule makes changes to part 4a to add
language consistent with requirements set forth in E.O. 13526.
Classification
This final rule has been determined to be not significant for the
purposes of review under Executive Order 12866. Prior notice and an
opportunity for public comment are not necessary, as they are not
required by the Administrative Procedure Act (APA) for rules concerning
agency organization, procedure, or practice (5 U.S.C. 553(b)(A)). The
Department finds good cause to waive the 30-day delay in the date of
effectiveness because a 30-day delay is unnecessary (5 U.S.C.
553(d)(3)). This final rule merely updates the regulations to reflect
the current position title and the requirements of the current,
applicable executive order. The changes in this final rule are
consistent with existing policies and procedures. Because notice and
opportunity for comment are not required pursuant to the APA or any
other law, the analytical requirements of the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.) do not apply. Therefore, a regulatory
flexibility analysis is not required, and none has been prepared.
List of Subjects in 15 CFR Part 4a
Classified information.
Dated: April 9, 2020.
Michael Harman,
Assistant Director for Security.
For the reasons stated in the preamble, 15 CFR part 4a is amended
as follows:
PART 4a--CLASSIFICATION, DECLASSIFICATION, AND PUBLIC AVAILABILITY
OF NATIONAL SECURITY INFORMATION
0
1. The authority citation for part 4a is revised to read as follows:
Authority: E.O. 13526; 75 FR 707, January 5, 2010 (as corrected
at 75 FR 1013, January 8, 2010).
0
2. Revise Sec. 4a.1 to read as follows:
Sec. 4a.1 General.
Executive Order 13526 provides the only basis for classifying
information within the Department of Commerce (Department), except as
provided in the Atomic Energy Act of 1954, as amended. The Department's
policy is to make information concerning its activities available to
the public, consistent with the need to protect the national defense
and foreign relations of the United States. Accordingly, security
classification shall be applied only to protect the national security.
0
3. Revise Sec. 4a.2 to read as follows:
Sec. 4a.2 Director for Security.
The Director for Security is responsible for implementing and
ensuring compliance with E.O. 13526 and this part.
0
4. Revise Sec. 4a.3 to read as follows:
Sec. 4a.3 Classification levels.
Information may be classified as national security information by a
designated original classifier of the Department if it is determined
the information concerns one or more of the categories described in
section 1.4 of E.O. 13526. The levels established in section 1.2 of
E.O. 13526 (Top Secret, Secret, and Confidential) are the only terms
that may be applied to national security information. Except as
provided by statute, no other terms shall be used within the Department
for the three classification levels.
0
5. Revise Sec. 4a.4 to read as follows:
Sec. 4a.4 Classification authority.
(a) Authority to originally classify information as Secret or
Confidential may be exercised only by the Secretary of Commerce and by
officials to whom such authority is specifically delegated. No official
of the Department is authorized to originally classify information as
Top Secret.
(b) In accordance with section 1.3(c)(1) of E.O. 13526, delegations
of original classification authority shall be limited to the minimum
required to administer E.O. 13526. The Secretary of Commerce shall
ensure that designated subordinate officials have a demonstrable and
continuing need to exercise delegated original classification
authority.
(c) In accordance with section 1.3(c)(4) of E.O. 13526, each
delegation of original classification authority shall be in writing and
the authority shall not be redelegated except as provided in E.O.
13526.
(d) In accordance with section 1.3(c)(4) of E.O. 13526, each
delegation shall identify the official by name or position.
(e) In accordance with section 1.3(c)(5) of E.O. 13526, delegations
of original classification authority shall be reported or made
available by name or position to the Director of the Information
Security Oversight Office in the National Archives and Records
Administration.
(f) In accordance with section 1.3(d) of E.O. 13526, all original
classification authorities and their designates shall receive training
in proper classification (including the avoidance of over-
classification) and declassification as provided in E.O. 13526 and its
implementing directives at least once a calendar year.
0
6. Revise Sec. 4a.5 to read as follows:
Sec. 4a.5 Duration of classification.
(a) Information shall remain classified no longer than ten years
from the date of its original classification, unless, in accordance
with section 1.5(b) of E.O. 13526, the original classification
authority otherwise determines that the sensitivity of the information
requires that it be marked for declassification for up to 25 years from
the date of the original decision.
(b) For Department of Commerce originally classified information
marked for an indefinite duration which contains incomplete
declassification instructions, or lacks them entirely:
(1) The information shall be declassified in accordance with E.O.
13526 as soon as it no longer meets the standards for classification
under E.O. 13526, or
[[Page 35376]]
(2) if the standards for classification under E.O. 13526 are met,
the information shall be declassified after 10 years from the date of
the original classification, unless the original classification
authority determines that the sensitivity of the information requires
that it remain classified for up to 25 years from the date of the
original classification, as provided in section 1.5.(b) of E.O. 13526.
0
7. Amend Sec. 4a.7 by revising paragraphs (a), (c), (d), and (e) to
read as follows:
Sec. 4a.7 Mandatory review for declassification.
(a) Requests. Classified information under the jurisdiction of the
Department is subject to review for declassification in accordance with
32 CFR 2001.33, upon receipt of a written request that describes the
information with sufficient specificity to locate it with a reasonable
amount of effort. Requests must be submitted to the Director for
Security, U.S. Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230.
* * * * *
(c) Processing requirements. (1) For requests for review of
classified information not received from the National Archives and
Records Administration, the Director for Security, or their designate,
shall acknowledge receipt of the request directly to the requester. If
a request does not adequately describe the information sought in
accordance with paragraph (a) of this section, the requester shall be
notified that unless additional information is provided, no further
action will be taken. The request shall be forwarded to the component
that originated the information or that has primary interest in the
subject matter. The component assigned action shall review the
information in accordance with Sec. 4a.7(c)(2) through (4) within
twenty working days.
(2) The component assigned action shall determine whether, under
the declassification provisions of the U.S. Department of Commerce's
Manual of Security, the entire document or portions thereof may be
declassified. Declassification of the information shall be accomplished
by a designated declassification authority. Upon declassification, the
information shall be remarked. If the information is not partially or
entirely declassified, the reviewing official shall provide the reasons
for denial by citing the applicable provisions of E.O. 13526. If the
classification is a derivative decision based on classified source
material of another Federal agency, the component shall provide the
information to the originator for review.
(3) If information is declassified, the component shall also
determine whether it is releasable under the Freedom of Information Act
(FOIA) as amended (5 U.S.C. 552). If the information is not releasable,
the component shall advise the Director for Security that the
information has been declassified but that it is exempt from
disclosure, citing the appropriate exemption of the FOIA as amended.
(4) If the request for declassification is denied in whole or in
part, the requester shall be notified of the right to appeal the
determination within sixty calendar days and of the procedures for such
an appeal. If declassified information remains exempt from disclosure
under the FOIA as amended, the requester shall be advised of the
appellate procedures under that law.
(d) Fees. If the request requires services for which fees are
chargeable, the component assigned action shall calculate the
anticipated fees to be charged, and may be required to ascertain the
requester's willingness to pay the allowable charges as a precondition
to taking further action on the request, in accordance with Department
of Commerce rules promulgated under 5 U.S.C. 552(a)(4)(A) of the
Freedom of Information Act as amended and Department of Commerce rules
promulgated under 5 U.S.C. 552a(f)(5) of the Privacy Act of 1974 (5
U.S.C. 552a).
(e) Right of appeal. (1) A requester may appeal to the Director for
Security when information requested under this section is not
completely declassified and released after expiration of the applicable
time limits. Within thirty working days (i.e., excluding Saturdays,
Sundays, and legal public holidays) of receipt of a written appeal:
(i) The Director for Security shall determine whether continued
classification of the requested information is required in whole or in
part;
(ii) If information is declassified, determine whether it is
releasable under the Freedom of Information Act as amended; and
(iii) Notify the requester of his or her determination, making
available any information determined to be releasable. If continued
classification is required under the provisions of the Department of
Commerce Manual for Security, the Director for Security shall notify
the requester of his or her determination, including the reasons for
denial based on applicable provisions of E.O. 13526, and of the right
of final appeal to the Interagency Security Classification Appeals
Panel.
(2) During the declassification review of information under appeal
the Director for Security may overrule previous determinations in whole
or in part if continued protection in the interest of national security
is no longer required. If the Director for Security determines that the
information no longer requires classification, it shall be declassified
and, unless it is otherwise exempt from disclosure under the Freedom of
Information Act as amended, released to the requester. The Director for
Security shall advise the original reviewing component of his or her
decision.
0
8. Amend Sec. 4a.8 by revising paragraph (b)(5) introductory text to
read as follows:
Sec. 4a.8 Access to classified information by individuals outside the
Government.
* * * * *
(b) * * *
(5) Receives from the Director for Security:
* * * * *
[FR Doc. 2020-10248 Filed 6-9-20; 8:45 am]
BILLING CODE 3510-20-P
