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32 CFR Part 1704 — Mandatory Declassification Review Program

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PART 1704—MANDATORY DECLASSIFICATION REVIEW PROGRAM Authority: 50 U.S.C. 3001; E.O. 13526, 75 FR 707, 3 CFR, 2009 Comp, p. 298. Source: 81 FR 24019, Apr. 25, 2016, unless otherwise noted. § 1704.1 Authority and purpose. (a) Authority. et seq. (b) Purpose. § 1704.2 Definitions. For purposes of this part: Control Day D/IMD Federal agency Executive agency, Military department, Information Interested party NARA ODNI Order Originating element Presidential libraries Referral Requester § 1704.3 Contact information. For general information on the regulation in this part or to submit a request for a MDR, please direct your communication by mail to the Office of the Director of National Intelligence, Director of the Information Management Division, Washington, DC 20511; by facsimile to (703) 874-8910; or by email to [email protected]. § 1704.4 MDR program feedback. The ODNI welcomes suggestions for improving the administration of our MDR program in accordance with Executive Order 13526. Suggestions should identify the specific purpose and the items for consideration. The ODNI will respond to all communications and take such actions as determined feasible and appropriate. § 1704.5 Guidance. Address all communications to the point of contact as specified in § 1704.3. Clearly describe, list, or label said communication as an MDR Request. § 1704.6 Exceptions. MDR requests will not be accepted from a foreign government entity or any representative thereof. MDR requests will not be accepted for documents required to be submitted for prepublication review or other administrative process pursuant to an approved nondisclosure agreement; for information that is the subject of pending litigation; nor for any document or material containing information from within an operational file exempted from search and review, publication, and disclosure under the FOIA. If the ODNI has reviewed the requested information for declassification within the past two years, the ODNI will not conduct another review, but the D/IMD will notify the requester of this fact and the prior review decision. Requests will not be accepted from requesters who have outstanding fees for MDR or FOIA requests with the ODNI or another federal agency. § 1704.7 Requirements. An MDR request shall describe the document or material containing the information with sufficient specificity to enable the ODNI to locate it with a reasonable amount of effort. § 1704.8 Fees. (a) In general. (b) Agency discretion to waive fees. (1) As a matter of administrative discretion, the interest of the United States Government would be served, or (2) It is in the public interest to provide responsive records because the disclosure is likely to contribute significantly to the public understanding of the operations or activities of the United States Government and is not primarily in the commercial interest of the requester. (c) Agreement to pay fees. (d) Advance payment. (e) Schedule of fees In general. Personnel Search and Review Clerical/Technical Quarter Hour $ 5.00 Professional/Supervisory Quarter Hour 10.00 Manager/Senior Professional Quarter Hour 18.00 Computer Search and Production Search (online) Flat Rate 10.00 Search (offline) Flat Rate 30.00 Other activity Per minute 10.00 Tapes (mainframe cassette) Each 9.00 Tapes (mainframe cartridge) Each 9.00 Tapes (mainframe reel) Each 20.00 Tapes (PC 9mm) Each 25.00 Diskette (3.5”) Each 4.00 CD (bulk recorded) Each 10.00 CD (recordable) Each 20.00 Telecommunications Per minute .50 Paper (mainframe printer) Per page .10 Paper (PC b&w laser printer) Per page .10 Paper (PC color printer) Per page 1.00 Paper Production Photocopy (standard or legal) Per page .10 Preprinted (if available) Per 100 pages 5.00 Published (if available) Per item NTIS (2) Application of schedule. e.g., (3) Other services. e.g., (f) Limitations on collection of fees In general. (g) Associated requests. § 1704.9 Determination by originator or interested party. (a) In general. (b) Required determinations: (c) Time. (d) Deciding official. § 1704.10 Appeals. (a) Administrative. (1) Exceptions. (2) Receipt, recording, and tasking. (3) Appellate authority. (b) Final appeal.

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