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22 C.F.R. §§ 9.9–9.15

7 sections in range

§9.9. Declassification and downgrading.

22 C.F.R. § 9.9

(a)
Declassification processes. Declassification of classified information may occur:
(1)
After review of material in response to a Freedom of Information Act (FOIA) request, mandatory declassification review request, discovery request, subpoena, classification challenge, or other information access or declassification request;
(2)
After review as part of the Department's systematic declassification review program;
(3)
As a result of the elapse of the time or the occurrence of the event specified at the time of classification;
(4)
By operation of the automatic declassification provisions of section 3.3 of the Executive Order with respect to material more than 25 years old.
(b)
Downgrading. When material classified at the Top Secret level is reviewed for declassification and it is determined that classification continues to be warranted, a determination shall be made whether downgrading to a lower level of classification is appropriate. If downgrading is determined to be warranted, the classification level of the material shall be changed to the appropriate lower level.
(c)
Authority to downgrade and declassify.
(1)
Classified information may be downgraded or declassified by:
(i)
The official who originally classified the information if that official is still serving in the same position and has original classification authority;
(ii)
A successor in that capacity if that individual has original classification authority;
(iii)
A supervisory official of either if the supervisory official has original classification authority;
(iv)
Other Department officials specifically delegated declassification authority in writing by the Secretary or the Senior Agency Official; or
(v)
The Director of the Information Security Oversight Office pursuant to Sec. 3.1(a) of E.O. 13526.
(2)
The Department shall maintain a record of Department officials specifically designated as declassification and downgrading authorities.
(d)
Declassification in the public interest. Although information that continues to meet the classification criteria of the Executive Order or a predecessor order normally requires continued protection, in some exceptional cases the need to protect information may be outweighed by the public interest in disclosure of the information. When such a question arises, it shall be referred to the Secretary or the Senior Agency Official for decision on whether, as an exercise of discretion, the information should be declassified and disclosed. This provision does not amplify or modify the substantive criteria or procedures for classification or create any substantive or procedural right subject to judicial review.
(e)
Public disclosure of declassified information. Declassification of information is not, by itself, authorization for its public disclosure. Previously classified information that is declassified may be exempt from public disclosure under the FOIA, the Privacy Act, or various statutory confidentiality provisions. There also may be treaties or other international agreements that would preclude public disclosure of declassified information.
Notes, amendments, and revision history

Authority

Authority: E.O. 13526 (75 FR 707, January 5, 2010); Information Security Oversight Office Directive 32 CFR part 2001 (75 FR 37254, June 28, 2010).

Source

Source: 79 FR 35936, June 25, 2014, unless otherwise noted.

§9.10. Mandatory declassification review

22 C.F.R. § 9.10

(a)
Scope. All information classified under E.O. 13526 or predecessor orders shall be subject to mandatory declassification review upon request by a member of the public or a U.S. government employee or agency with the following exceptions:
(1)
Information originated by the incumbent President or the incumbent Vice President; the incumbent President's White House staff or the incumbent Vice President's staff; committees, commissions, or boards appointed by the incumbent President; other entities within the Executive Office of the President that solely advise and assist the incumbent President;
(2)
Information that is the subject of pending litigation; and
(3)
Information that has been reviewed for declassification within the past two years which need not be reviewed again, but the requester shall be given appeal rights.
(b)
Requests. Requests for mandatory declassification review should be addressed to the Office of Information Programs and Services, U.S. Department of State, SA-2, 515 22nd St. NW., Washington, DC 20522-8100.
(c)
Description of information. In order to be processed, a request for mandatory declassification review must describe the document or the material containing the information sought with sufficient specificity to enable the Department to locate the document or material with a reasonable amount of effort. Whenever a request does not sufficiently describe the material, the Department shall notify the requester that no further action will be taken unless additional description of the information sought is provided.
(d)
Refusal to confirm or deny existence of information. The Department may refuse to confirm or deny the existence or nonexistence of requested information whenever the fact of existence or nonexistence is itself classified.
(e)
Processing. In responding to mandatory declassification review requests, the Department shall make a review determination as promptly as possible, but in no case more than one year from the date of receipt of the request, and notify the requester accordingly. When the requested information cannot be declassified in its entirety, the Department shall release all meaningful portions that can be declassified and that are not exempt from disclosure on other grounds.
(f)
Other agency information. When the Department receives a request for information in its possession that was originally classified by another agency, it shall refer the request and the pertinent information to the other agency unless that agency has agreed that the Department may review such information for declassification on behalf of that agency. In any case, the Department is responsible for responding to the requester with regard to any responsive information, including other-agency information, unless a prior arrangement has been made with the originating agency.
(g)
Foreign government information. In the case of a request for material containing foreign government information, the Department shall determine whether the information may be declassified and may, if appropriate, consult with the relevant foreign government on that issue. If the Department is not the agency that initially received the foreign government information, it may consult with the original receiving agency.
(h)
Documents or material containing RD or Transclassified Foreign Nuclear Information (TFNI). Documents or material containing RD or TFNI will be submitted to DOE for review. Documents containing FRD will be submitted to DOE or DoD for review.
(i)
Appeals. Any denial of a mandatory declassification review request may be appealed to the ARP. A denial by the ARP of a mandatory declassification review appeal may be further appealed to the ISCAP. A failure of the Department to make a determination on a mandatory declassification review request within one year from the date of its receipt or to respond to an appeal of a denial by the ARP within 180 calendar days of its receipt may be appealed directly to the ISCAP.
Notes, amendments, and revision history

Authority

Authority: E.O. 13526 (75 FR 707, January 5, 2010); Information Security Oversight Office Directive 32 CFR part 2001 (75 FR 37254, June 28, 2010).

Source

Source: 79 FR 35936, June 25, 2014, unless otherwise noted.

§9.11. Systematic declassification review.

22 C.F.R. § 9.11

The Director of the Office of Information Programs and Services shall be responsible for conducting a program for systematic declassification review of historically valuable records that: were exempted from the automatic declassification provisions of section 3.3 of the Executive Order; or will soon become subject to the automatic declassification provisions of section 3.3 of the Order. The Director shall prioritize such review in accordance with priorities established by the National Declassification Center.
Notes, amendments, and revision history

Authority

Authority: E.O. 13526 (75 FR 707, January 5, 2010); Information Security Oversight Office Directive 32 CFR part 2001 (75 FR 37254, June 28, 2010).

Source

Source: 79 FR 35936, June 25, 2014, unless otherwise noted.

§9.12. Sharing other-agency classified information.

22 C.F.R. § 9.12

The long-standing third-agency rule has required prior originating agency approval before a receiving agency could further disseminate classified information. Under the Executive Order, unless the originating agency indicates on the material that prior approval is required and provided that the criteria for access under section 4.1(a) of the Order are met, a receiving agency may further disseminate classified information in documents created subsequent to the effective date of the Order to another agency or U.S. entity without consultation with the originating agency. “U.S. entity” includes cleared state, local, tribal, and private sector entities. Similarly, under certain circumstances, receiving agencies may pass such classified information to foreign governments.
Notes, amendments, and revision history

Authority

Authority: E.O. 13526 (75 FR 707, January 5, 2010); Information Security Oversight Office Directive 32 CFR part 2001 (75 FR 37254, June 28, 2010).

Source

Source: 79 FR 35936, June 25, 2014, unless otherwise noted.

§9.13. Access to classified information by historical researchers and certain former government personnel.

22 C.F.R. § 9.13

(a)
The restriction in E.O. 13526 and predecessor orders on limiting access to classified information to individuals who have a need-to-know the information may be waived, under the conditions set forth below, for persons who: are engaged in historical research projects; have served as President or Vice President; have occupied senior policy-making positions in the Department of State or other U.S. government agencies to which they were appointed or designated by the President or the Vice President. It does not include former Foreign Service Officers as a class or persons who merely received assignment commissions as Foreign Service Officers, Foreign Service Reserve Officers, Foreign Service Staff Officers, and employees.
(b)
Requests by such persons must be submitted in writing to the Office of Information Programs and Services at the address set forth above and must include a general description of the records sought, the time period covered by the records that are the subject of the request, and an explanation why access is sought. Requests for access by such requesters may be granted if:
(1)
The Secretary or the Senior Agency Official determines in writing that access is consistent with the interests of national security;
(2)
The requester agrees in writing to safeguard the information from unauthorized disclosure or compromise;
(3)
The requester submits a statement in writing authorizing the Department to review any notes and manuscripts created as a result of access;
(4)
The requester submits a statement in writing that any information obtained from review of the records will not be disseminated without the express written permission of the Department;
(c)
If a requester uses a research assistant, the requester and the research assistant must both submit a statement in writing acknowledging that the same access conditions set forth in paragraphs (b)(2) through (b)(4) of this section apply to the research assistant. Such a research assistant must be working for the applicant and not gathering information for publication on his or her own behalf.
(d)
Access granted under this section shall be limited to items the official originated, reviewed, signed, or received while serving as a Presidential or Vice Presidential appointee or designee or as President or Vice President.
(e)
Such requesters may seek declassification and release of material to which they have been granted access under this section through either the FOIA or the mandatory declassification review provisions of E.O. 13526. Such requests shall be processed in the order received, along with other FOIA and mandatory declassification review requests, and shall be subject to the fees applicable to FOIA requests.
Notes, amendments, and revision history

Authority

Authority: E.O. 13526 (75 FR 707, January 5, 2010); Information Security Oversight Office Directive 32 CFR part 2001 (75 FR 37254, June 28, 2010).

Source

Source: 79 FR 35936, June 25, 2014, unless otherwise noted.

§9.14. Pre-publication review of writings by former Department personnel.

22 C.F.R. § 9.14

The Department provides pre-publication review of writings on foreign relations topics by former Department personnel, including contractors and detailees, who had security clearances to try to ensure that former personnel do not violate their agreements on non-disclosure of classified national security information in such writings. Manuscripts (including articles, speeches, books, etc.) should be sent to the Director, Office of Information Programs and Services, 515 22nd St. NW., Washington, DC 20522-8100. Questions about pre-publication clearance may be sent to [email protected].
Notes, amendments, and revision history

Authority

Authority: E.O. 13526 (75 FR 707, January 5, 2010); Information Security Oversight Office Directive 32 CFR part 2001 (75 FR 37254, June 28, 2010).

Source

Source: 79 FR 35936, June 25, 2014, unless otherwise noted.

§9.15. Assistance to the Historian's Office.

22 C.F.R. § 9.15

All elements of the Department shall assist the Historian's Office in its preparation of the Foreign Relations of the United States (FRUS) series such as by providing prompt access to and, when possible, declassification of information deemed appropriate for inclusion in the FRUS.
Notes, amendments, and revision history

Authority

Authority: E.O. 13526 (75 FR 707, January 5, 2010); Information Security Oversight Office Directive 32 CFR part 2001 (75 FR 37254, June 28, 2010).

Source

Source: 79 FR 35936, June 25, 2014, unless otherwise noted.