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What is Mandatory Declassification Review (MDR)?

What is Mandatory Declassification Review (MDR)?.

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What is Mandatory Declassification Review (MDR)?

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  1. What is Mandatory Declassification Review (MDR)? • MDR is a means by which any individual, to include members of the public, can request any agency to review a classified record for declassification, regardless of its age or origin, subject to certain limitations set forth in Executive Order 12958, as amended, “Classified National Security Information” (the Order)

  2. What Information is Subject to MDR? • Except for certain categories of information, all information classified under the Order or predecessor orders shall be subject to a review for declassification by the originating agency, if it meets the requirements of section 3.5

  3. What Classified Records are not Subject to MDR? Information originated by: • the incumbent President or Vice President or their White House staff • Committees, commissions, or boards appointed by the incumbent President • Other entities within the EOP that solely advise and assist the incumbent President and • Information classified under the Atomic Energy Act of 1954, as amended

  4. What are the Requirements? • The request must describe the document with sufficient specificity to enable the agency to locate it with a reasonable amount of effort • The information is not exempted from search and review under certain sections of the National Security Act of 1947 • The information is not the subject of pending litigation • The information has not been reviewed for declassification within the past 2 years

  5. How and Where does one Submit an MDR Request? • With an Agency • Each agency shall publish in the Federal Register the person or office to which MDR requests should be addressed • see also: http://www.archives.gov/isoo/contact/mdr-contact.html • In accordance with agency regulations • NARA • Presidential Libraries • Other authorized repositories

  6. What are the Classification Prohibitions and Limitations? Information shall not be classified in order to: • Conceal violations of the law, inefficiency, or administrative error • Prevent embarrassment to a person, organization, or agency • Restrain competition • Prevent or delay the release of information that does not require protection in the interest of national security

  7. What are the Classification Standards? Information may be originally classified under the following conditions: • An original classification authority (OCA) classified the information • The information is owned by, produced by or for, or is under the control of the U.S. Government • The information falls within one or more of the categories listed in section 1.4 of the Order • The OCA determines that the disclosure of the information could result in damage to national security

  8. What are the Classification Standards for Information 25 years old or older? • Subject to certain requirements, effective 12/31/2006, all classified records that are more than 25 years old and have been determined to be of permanent historical value shall be automatically declassified whether or not the records have been reviewed in accordance with §3.3 • To exempt information from automatic declassification, it must: • meet the standards (previous slide); and • fall within one or more of the categories listed in §3.3(b) of the Order; and • be described in an approved declassification guide (§3.3(d))

  9. What is a Federal Agency’s MDR Responsibility? • Agency heads are required to develop procedures to: • promptly process MDR requests; • notify requesters of results; and • provide the means for administrative appeals of denials, to include notifying requesters of the right to appeal a final agency decision to the ISCAP • Cooperate fully with ISCAP so that it can fulfill its functions in a timely and fully informed manner • Special procedures – SecDef, DNI, the Archivist • Referrals • Fees

  10. What is the ISCAP? • Interagency Security Classification Appeals Panel • The ISCAP provides the public and users of the classification system with a forum for further review of classification decisions

  11. Senior-Level Representatives of: Assistant to the President for National Security Affairs Department of Defense Department of State Department of Justice Central Intelligence Agency National Archives and Records Administration The President appoints the ISCAP's Chair from among its members. ISCAP Liaisons support Members Director of ISOO serves as Executive Secretary ISOO provides program and administrative staff support Membership

  12. ISCAP Functions:Appeals Concerning MDR • Decides on appeals by persons or entities who have filed requests MDR under §3.5 of the Order • Majority of efforts to date • Highest appellate authority

  13. Authority • Section 5.3 of E.O. 12958, as amended, “Classified National Security Information,” (the Order) • ISCAP Bylaws - Appendix A to 32 C.F.R. Part 2001 • Advises and assists the President in the discharge of his constitutional and discretionary authority to protect the national security of the United States • Decisions are committed to the discretion of ISCAP, unless changed by the President • Agency heads can appeal to the President • Section 5.3(f) of the Order

  14. When can someone Appeal a MDR Request to the ISCAP? • Before submitting a MDR to the ISCAP, the requester must fulfill the agency level processes • The requester may also come directly to the ISCAP if the time frames outlined in Appendix A to 32 C.F.R. Part 2001 (ISCAP Bylaws) have lapsed without the agency taking the required actions

  15. Initial [32 C.F.R. Part 2001.33(2)(i)] “Agencies shall ordinarily make a final determination within one year from the date of receipt.” Appeal [32 C.F.R. Part 2001.33(2)(iii)] “The agency appellate authority shall normally make a determination within 60 working days following the receipt of an appeal.” Agency Processing Timeframes

  16. Ability to Appeal Directly to ISCAP • Refer to Article VIII, section A(3) of the ISCAP bylaws, Appendix A to 32 C.F.R. Part 2001 • Initial request for MDR – final agency decision within 1 year • Agency-level MDR appeals – final agency decision within 180 days • Appeal to ISCAP must be made within 60 days of the failure of the agency to meet the timeframes

  17. What is the Process for Appealing a MDR Denial to the ISCAP? • Requests may be sent by postal mail, e-mail, or facsimile • Appeal letters should be specific enough to identify the documents and their location and should contain information regarding the agency level process fulfilled by the requester • Provide all correspondence that the requester has received • Provide personal contact information

  18. Disposition of Initial MDR RequestsFY 1996 – 2006 (Total: 2,086,028 Pages)

  19. Disposition of MDR AppealsFY 1996 – 2006 (Total: 45,626 Pages)

  20. ISCAP MDR Decisions05/1996 – 09/2006 (Total: 675 Documents)

  21. What are the Advantages to filing a MDR over a FOIA? • Results • In 91% of all initial MDR requests, additional information has been declassified • In 60% of all agency-level MDR appeals, additional information has been declassified • In 64% of ISCAP MDR appeals, additional information has been declassified • MDR is the only way to request a review of records located in a non-PRA Presidential Library (pre-Reagan) • Expedited appeals mechanism • MDR offers an appeal alternative to litigation

  22. What are the Advantages to filing a FOIA over a MDR? • FOIA can be used to seek unclassified records • On appeal, FOIA provides means to address denials of information pursuant to statute

  23. Resources – Policy The Order (E.O. 12958, as amended): http://www.archives.gov/isoo/policy-documents/eo-12958-amendment.pdf The Directive (32 C.F.R. Part 2001): http://www.archives.gov/isoo/policy-documents/eo-12958-implementing-directive.pdf ISCAP Bylaws (Appendix A to 32 C.F.R. Part 2001): http://www.archives.gov/isoo/policy-documents/eo-12958-implementing-dir-appendix-a.pdf

  24. Resources - General ISCAP: http://www.archives.gov/isoo/oversight-groups/iscap/index.html MDR: http://www.archives.gov/isoo/oversight-groups/iscap/mdr-appeals.html ISOO: http://www.archives.gov/isoo/

  25. General Executive Secretary, ISCAP C/O ISOO, Room 503 The National Archives Building 700 Pennsylvania Avenue, NW Washington, D.C. 20408 Telephone: (202) 357-5250 FAX: (202) 357-5907 E-Mail: iscap@nara.gov ISCAP Staff Jay Bosanko Associate Director, ISOO Telephone: 202-357-5205 Email: william.bosanko@nara.gov Kris Johnson Lead Analyst for ISCAP Telephone: 202-357-5017 Email: kristofer.johnson@nara.gov Lee Morrison Lead Analyst for PIDB Telephone: 202-357-5039 Email: lee.morrison@nara.gov Contact Information

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