[Federal Register Volume 76, Number 185 (Friday, September 23, 2011)]
[Rules and Regulations]
[Pages 59031-59032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21574]


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CENTRAL INTELLIGENCE AGENCY

32 CFR Part 1907


Classification Challenge Regulations

AGENCY: Central Intelligence Agency.

ACTION: Final rule.

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SUMMARY: Consistent with Executive Order 13526, the Central 
Intelligence Agency (CIA) has undertaken and completed a review of its 
public Classification Challenge regulations. As a result of this 
review, the Agency has revised its Classification Challenge regulations 
to more clearly reflect the current CIA organizational structure and 
policies and practices, and to eliminate ambiguous, redundant and 
obsolete regulatory provisions. This rule is being issued as a final 
rule without prior notice of proposed rulemaking as allowed by the 
Administrative Procedures Act for rules of agency procedure and 
interpretation and the CIA Act.

DATES: Effective September 23, 2011.

FOR FURTHER INFORMATION CONTACT: Joseph W. Lambert, (703) 613-1379.

SUPPLEMENTARY INFORMATION: Consistent with Executive Order 13526, the 
CIA has undertaken and completed a review of its public Classification 
Challenge regulations. As a result of this review, the Agency has 
revised its Classification Challenge regulations to more clearly 
reflect the current CIA organizational structure, record system 
configuration, and policies and practices and to eliminate ambiguous, 
redundant and obsolete regulatory provisions. This rule is being issued 
as a final rule without prior notice of proposed rulemaking as allowed 
by the Administrative Procedures Act, 5 U.S.C. 553(b)(3)(A) for rules 
of agency procedure and interpretation and Section 6 of the CIA Act, as 
amended, 50 U.S.C. 403g.

List of Subjects in 32 CFR Part 1907

    Classification challenge, Classified information.

    Accordingly, the CIA is amending 32 CFR part 1907 as follows:

PART 1907--CHALLENGES TO CLASSIFICATION OF DOCUMENTS BY AUTHORIZED 
HOLDERS PURSUANT TO SEC. 1.8 OF EXECUTIVE ORDER 13526

0
1. The authority citation for part 1907 is revised to read as follows:

    Authority:  Executive Order 13526 75 FR 707, 3 CFR 2010 Comp., 
P. 298-327; section 102 of the National Security Act of 1947; 
section 6 of the CIA Act of 1949.


0
2. Revise the part heading to read as set forth above.

0
3. Revise Sec.  1907.01 to read as follows:


Sec.  1907.01  Authority and purpose.

    (a) Authority: This Part is issued under the authority of and in 
order to implement section 1.8 of E.O. 13526, section 102 of the 
National Security Act of 1947, and section 6 of the CIA Act of 1949.
    (b) Purpose: This part prescribes procedures for non-Agency 
personnel who are authorized holders of CIA information, to challenge 
the classification status, whether classified or unclassified, based on 
a good faith belief that the current status of CIA information is 
improper. This part and section 1.8 of Executive Order 13526 confer no 
rights upon members of the general public or individuals who are not 
authorized holders of CIA information.

0
4. In Sec.  1907.02, revise paragraphs (b) and (j) and add paragraphs 
(k) and (l) as follows:


Sec.  1907.02  Definitions.

* * * * *
    (b) Authorized holder means anyone who has satisfied the conditions 
for access to classified information stated in section 4.1(a) of 
Executive Order 13526 and who has been granted access to such 
information; the term does not include anyone authorized such access by 
section 4.4 of Executive Order 13526.
* * * * *
    (j) The Order means Executive Order 13526 of December 29, 2009 and 
published at 75 FR 707 (or successor Orders).
    (k) Chief, Classification Management and Collaboration Group refers 
to the Agency official authorized to make the initial Agency 
determination with respect to a challenge of the classification status 
of CIA information.
    (l) Agency Release Panel refers to the Agency's forum for reviewing 
information review and release policy, the adequacy of resources 
available to all Agency declassification and release programs, and 
hearing appeals in accordance with this section.

0
5. Revise Sec.  1907.12 to read as follows:


Sec.  1907.12  Requirements as to form.

    The challenge shall include identification of the challenger by 
full name, Executive Branch agency, title of position, and information 
required for verification of access, security clearance, and status as 
an authorized holder of the CIA information in question. In addition, 
the challenger must clearly identify documents or

[[Page 59032]]

portions of documents at issue and identify and describe the reasons 
why it is believed that the information is improperly classified. The 
challenge, itself, must be properly marked and classified and, in this 
regard, the authorized holder must assume the current classification 
status and marking of the information is correct until determined 
otherwise unless the challenger asserts that the information marked 
unclassified should be classified or that the information should be 
classified at a higher level, in which case the challenger should mark 
the challenge and related documents at the asserted classification 
level.

0
6. Revise Sec.  1907.21 to read as follows:


Sec.  1907.21  Exceptions.

    (a) Documents required to be submitted for prepublication review or 
other administrative process pursuant to an approved nondisclosure 
agreement is not covered by this section.
    (b) Whenever the Agency receives a classification challenge to 
information that has been the subject of a challenge within the past 
two years, the Agency is not required to process the challenge beyond 
informing the challenger of this fact and the prior review decision; 
advising the challenger of the right to appeal a final Agency decision 
to the Interagency Security Classification Appeals Panel (ISCAP); and 
informing the challenger that if they wish to exercise this right, they 
must do so through Chief, Classification Management and Collaboration 
Group who will then forward the appeal to the ISCAP.
    (c) The Agency is not required to process classification challenges 
to information that is the subject of pending litigation. If the 
information that is the subject of a challenge falls into this 
category, the Agency will take no action on the challenge and will 
notify the challenger of this fact within 10 business days.


Sec.  1907.22  [Removed and Reserved]

0
7. Remove and reserve Sec.  1907.22.
0
8. Revise Sec.  1907.23 to read as follows:


Sec.  1907.23  Designation of authority to hear challenges.

    (a) Chief, Classification Management and Collaboration Group shall 
be responsible for the initial Agency decision in a classification 
challenge.
    (b) Agency Release Panel (ARP). Appeals of denials of 
classification challenges shall be reviewed by the ARP which shall 
issue the final Agency decision in accordance with 1907.25(c).
    (c) ARP membership: The ARP is chaired by the Chief, Information 
Review and Release Group and composed of the Information Review 
Officers from the various Directorates and the Director, Central 
Intelligence Agency area, as well as the representatives of the various 
release programs and offices. The Information and Privacy Coordinator 
also serves as Executive Secretary of the Panel.

0
9. Revise Sec.  1907.24 to read as follows:


Sec.  1907.24.  Initial determination.

    (a) Formal challenges shall be directed to the CIA Information and 
Privacy Coordinator (Coordinator) who shall promptly forward the 
challenge to the C/CMCG for action. The C/CMCG shall be responsible for 
the administrative processing of the challenge consistent with this 
section.
    (b) Within 10 business days of receipt of a challenge, the 
Coordinator shall record the receipt of the challenge and provide the 
challenger with written acknowledgement of the Agency's receipt.
    (c) Except as provided in paragraph (d) of this section, the Agency 
shall render an initial written response to a challenge within 60 
business days of receipt.
    (d) If the C/CMCG determines that the Agency is unable to respond 
with a determination within 60 business days of receipt of the 
challenge, C/CMCG will inform the Coordinator who will provide the 
challenger with written notice of the date by which the Agency will 
respond and a statement that if no Agency response is received within 
120 business days, the challenger has the right to have the challenge 
forwarded to the ISCAP, and may exercise this right through C/CMCG who 
will then forward the challenge to ISCAP.
    (e) The C/CMCG, after consultation with the originator of the 
information and other parties shall inform the Coordinator of the 
initial decision on the challenge and the Coordinator shall promptly 
inform the challenger of the decision in writing and inform the 
challenger of the right to appeal to the ARP if the challenge was 
denied.

0
10. Revise Sec.  1907.25 to read as follows:


Sec.  1907.25  Action on appeal of initial Agency determination.

    (a) The challenger may, within 45 calendar days of receiving notice 
of a denial of the challenge, appeal the denial to the ARP by sending 
the appeal and any supplementary information in support of the 
challenge to the Executive Secretary of the ARP (ES/ARP).
    (b) Within 10 business days of receipt of an appeal, the ES/ARP 
will record receipt, provide the challenger with written 
acknowledgement, and forward the appeal to C/CMCG, the appropriate 
IMTOs, originator, and other appropriate parties, who shall review the 
appeal and related materials, and within 30 business days provide a 
written recommendation to the ARP.
    (c) The ARP shall meet on a regular schedule and may take action 
when a simple majority of the total membership is present. Issues shall 
be decided by a majority of the members present. In all cases of a 
divided vote, before the decision of the ARP becomes final, any member 
of the ARP may by written memorandum to the ES/ARP, refer such matters 
to the Director, Information Management Services (D/IMS) for decision. 
In the event of a disagreement with any decision by D/IMS related to 
the classification challenge, Directorate heads may appeal to the 
Associate Deputy Director, CIA (ADD) for resolution. The final Agency 
decision shall reflect the vote of the ARP, unless changed by the D/IMS 
or the ADD.
    (d) The ES/ARP shall promptly provide the challenger with written 
notice of the final Agency decision and, if the appeal is denied, 
inform the challenger of the right to appeal to the ISCAP through C/
CMCG, who will forward the appeal to the ISCAP.

0
11. Revise Sec.  1907.26 to read as follows:


Sec.  1907.26  Prohibition on adverse action.

    Agency correspondence to the challenger shall include a notice that 
CIA will take no adverse action or retribution against the challenger 
for bringing the classification challenge in good faith.

0
12. Revise Sec.  1907.31 to read as follows:


Sec.  1907.31  Right of appeal.

    A right of appeal may be available to the ISCAP established 
pursuant to section 5.3 of the Order. Action by that body will be the 
subject of rules to be promulgated by the Information Security 
Oversight Office.

    Dated: August 10, 2011.
Joseph W. Lambert,
Director, Information Management Services.
[FR Doc. 2011-21574 Filed 9-22-11; 8:45 am]
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