PART 1908—PUBLIC REQUESTS FOR MANDATORY DECLASSIFICATION REVIEW OF CLASSIFIED INFORMATION PURSUANT TO SEC. 3.5 OF EXECUTIVE ORDER 13526 Authority: Executive Order 13526 75 FR 707, 3 CFR 2010 Comp., p. 298-327 (or successor orders). Source: 62 FR 32495, June 16, 1997, unless otherwise noted. General § 1908.01 Authority and purpose. (a) Authority: (b) Purpose: [76 FR 59033, Sept. 23, 2011] § 1908.02 Definitions. For purposes of this part, the following terms have the meanings as indicated: (a) Agency CIA (b) Days (c) Control (d) Coordinator (e) Federal agency (f) Information (1) Information within the scope of the CIA Information Act, or (2) Information originated by the incumbent President, White House Staff, appointed committees, commissions or boards, or any entities within the Executive Office that solely advise and assist the incumbent President; (g) Interested party (h) NARA (i) Originator (j) Presidential libraries (k) Referral (l) The Order (m) Agency Release Panel (ARP) [62 FR 32495, June 16, 1997, as amended at76 FR 59033, Sept. 23, 2011] § 1908.03 Contact for general information and requests. For general information on this part or to request a declassification review, please direct your communication to the Information and Privacy Coordinator, Central Intelligence Agency, Washington, DC 20505. Such inquiries will also be accepted by facsimile at (703) 613-3007. For general or status information only, the telephone number is (703) 613-1287. Collect calls cannot be accepted. § 1908.04 Suggestions and complaints. The Agency welcomes suggestions, comments, or complaints with regard to its administration of the mandatory declassification review program established under Executive Order 13526. Members of the public shall address such communications to the CIA Information and Privacy Coordinator. The Agency will respond as determined feasible and appropriate under the circumstances. Filing of Mandatory Declassification Review (MDR) Requests § 1908.11 Preliminary information. Members of the public shall address all communications to the point of contact specified above and clearly delineate the communication as a request under this regulation. Requests and appeals on requests received from members of the public who owe outstanding fees for information services under this Order or the Freedom of Information Act at this or another federal agency will not be accepted until such debts are resolved. § 1908.12 Exceptions. Mandatory Declassification Review requests will not be accepted from an individual who is not a citizen of the United States or an alien lawfully admitted for permanent residence, nor from a foreign government entity or any representative thereof. Declassification review 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 contained within an operational file exempted from search and review, publication, and disclosure under the Freedom of Information Act. If the Agency has reviewed the requested information for declassification within the past two years, the Agency will not conduct another review, but the Coordinator will notify requester of this fact, the prior review decision, and of applicable appeal rights pursuant to section 3.5(e) of the Order. [76 FR 59033, Sept. 23, 2011] § 1908.13 Requirements as to form. The request shall describe the document or material containing the information with sufficient specificity to enable the Agency to locate it with a reasonable amount of effort. [76 FR 59033, Sept. 23, 2011] § 1908.14 Fees. (a) Form of payment. (b) Reproduction fees. (c) Search and review fees. (d) Search fees. (e) Computer searching. (2) Professional/Supervisory—$40.00 per hour (or fraction thereof). (3) Manager/Senior Professional—$72.00 per hour (or fraction thereof). (f) Manual searching. (2) Professional/Supervisory—$40.00 per hour (or fraction thereof). (3) Manager/Senior Professional—$72.00 per hour (or fraction thereof). (g) Document review. (2) Manager/Senior Professional—$72.00 per hour (or fraction thereof). (3) CIA will not charge review fees for time spent resolving general legal or policy issues regarding the responsive information. [76 FR 59033, Sept. 23, 2011] § 1908.21 Receipt, recording, and tasking. The Information and Privacy Coordinator shall within ten (10) days record each mandatory declassification review request received under this part, acknowledge receipt to the requester in writing (if received directly from a requester), and shall thereafter task the originator and other interested parties. Additional taskings, as required during the review process, shall be accomplished within ten (10) days of notification. § 1908.22 [Reserved] § 1908.23 Determination by originator or interested party. (a) In general. (b) Required determinations: (c) Time. [62 FR 32495, June 16, 1997, as amended at76 FR 59034, Sept. 23, 2011] § 1908.24 [Reserved] § 1908.31 Requirements as to time and form. Appeals of decisions must be received by the Coordinator within forty-five (45) days of the date of mailing of the Agency's initial decision. It shall identify with specificity the documents or information to be considered on appeal and it may, but need not, provide a factual or legal basis for the appeal. § 1908.32 Receipt, recording, and tasking. The Coordinator shall promptly record each appeal received under this part, acknowledge receipt to the requester, and task the originator and other interested parties. Additional taskings, as required during the review process, shall be accomplished within ten (10) days of notification. § 1908.33 Designation of authority to hear appeals. (a) Appeals: (b) Membership: (c) Decisions: [76 FR 59034, Sept. 23, 2011] § 1908.34 Establishment of appeals structure. (a) In general. (b) Historical Records Policy Board (“HRPB” or “Board”). (c) Agency Release Panel (“ARP” or “Panel”). § 1908.35 [Reserved] § 1908.36 Notification of decision and right of further appeal. The Executive Secretary of the Agency Release Panel shall promptly prepare and communicate the final Agency decision to the requester, NARA, or the particular Presidential Library. That correspondence shall include a notice, if applicable, that an appeal of the decision may be made to the Interagency Security Classification Appeals Panel (ISCAP) established pursuant to section 5.3 of the Order. [76 FR 59034, Sept. 23, 2011] Further Appeals § 1908.41 Right of further appeal. A right of further appeal may be available to the Interagency Security Classification Appeals Panel established pursuant to section 5.3 of the Order. Action by that Panel will be the subject of rules to be promulgated by the Information Security Oversight Office. [76 FR 59034, Sept. 23, 2011]