Classification, De-Classification, and Public Availability of National Security Information, 35374-35376 [2020-10248]

Download as PDF 35374 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 jbell on DSKJLSW7X2PROD with RULES 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 VerDate Sep<11>2014 15:58 Jun 09, 2020 Jkt 250001 15 See PO 00000 2 U.S.C. 1532(a). Frm 00002 Fmt 4700 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 E:\FR\FM\10JNR1.SGM 10JNR1 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 VerDate Sep<11>2014 15:58 Jun 09, 2020 Jkt 250001 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: PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 § 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 E:\FR\FM\10JNR1.SGM 10JNR1 35376 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: jbell on DSKJLSW7X2PROD with RULES § 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 VerDate Sep<11>2014 15:58 Jun 09, 2020 Jkt 250001 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]


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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