[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR9.16]

[Page 40-41]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 9--SECURITY INFORMATION REGULATIONS--Table of Contents
 
Sec. 9.16  Mandatory review.

    Each agency shall review for declassification any classified 
information requested, under the Mandatory Review provisions of the 
Order except as noted in paragraph (d) of this section, provided that: 
The requester is a U.S. citizen, resident alien, Federal agency, or 
state or local government; the request describes the information with 
sufficient specificity to enable the agency to locate the records 
containing the information with a reasonable amount of effort; and the 
agency receiving the request is the agency that originated the 
information. When an agency receives a request for information in its 
custody which was originated by another agency, it shall refer the 
information and request to the originating agency for its review and 
direct response to the requester.
    (a) Foreign government information. Except as provided in this 
paragraph, agencies shall process mandatory review requests for 
classified records containing foreign government information in 
accordance with Sec. 2001.32(a) of the ISOO Directive. The agency that 
initially received or classified the foreign government information 
shall be responsible for making a declassification determination after 
consultation with concerned agencies. If the agency receiving the 
request is not the agency that received or classified the foreign 
government information, it shall refer the request to the appropriate 
agency for action. Consultation with the foreign originator through 
appropriate channels may be necessary prior to final action on the 
request.
    (b) Information requested shall be declassified if it no longer 
requires protection under the provisions of the Order. It will then be 
released to the requester unless withholding is otherwise authorized 
under applicable law, such as the Freedom of Information or Privacy Act. 
If the information requested cannot be declassified in its entirety, the 
agency will make reasonable efforts to release those declassified 
portions that constitute a coherent segment. Upon the denial of an 
initial request, the agency shall also notify the requester of the right 
of administrative appeal, which must be filed within 60 days of receipt 
of the denial, and shall enclose a copy of the agency's regulations 
governing the appeal process.
    (c) Initial requests may be addressed to:
    (1) Department of State: The Information and Privacy Coordinator, 
Room 1239, Bureau of Administration, Department of State, Washington, DC 
20520, with the envelope clearly marked MANDATORY REVIEW REQUEST;
    (2) AID: Director, Office of Public Affairs for AID; Room 4899, 2201 
C Street, NW., Washington, DC 20523; or
    (3) USIA: Freedom of Information and Privacy Act Coordinator, Office 
of Administration, 1776 Pennsylvania Avenue, NW., Washington, DC 20547.
    (d) In responding to mandatory review requests, agencies shall 
either make a prompt declassification determination and notify the 
requester accordingly, or inform the requester of the additional time 
needed to process the case. Agencies shall make a final determination in 
one year from the date of receipt, except in unusual circumstances.

[[Page 41]]

    (e) Information originated by a President, the White House Staff, by 
committees, commissions, or boards appointed by the President, or others 
specifically providing advice and counsel to a President or acting on 
behalf of a President is exempted from mandatory review. However, the 
Archivist of the United States has the authority to review, downgrade, 
and declassify such information which is under the control of the 
Administrator of General Services or the Archivist, for example in 
Presidential Libraries, pursuant to section 2107, 2107 note, or 2203 of 
title 44, United States Code. The Archivist will consult with agencies 
having primary subject matter interest concerning the declassification 
of the requested material. Any decision by the Archivist may be appealed 
to the Director of ISOO, with the right of further appeal to the 
National Security Council. The information shall remain classified 
pending a prompt decision on the appeal.
    (f) Requests for classified information not specifically identified 
as being made under the Mandatory Review provisions of the Order will be 
processed under the terms of the FOIA, the Privacy Act, or other 
appropriate procedures.
    (g) In considering requests for mandatory review, the agency may 
decline to review again any request for material which has been recently 
reviewed and denied, unless the request constitutes an appeal of an 
initial denial.
    (h) Mandatory review requests for cryptologic information and 
information concerning intelligence activities (including special 
activities) or intelligence sources or methods shall be processed solely 
in accordance with special procedures issued by the Secretary of Defense 
and the Director of Central Intelligence, respectively.
    (i) In response to a request for information under the Freedom of 
Information Act, the Privacy Act of 1974, or the mandatory review 
provisions of the Order, an agency shall refuse to confirm or deny the 
existence or non-existence of requested information whenever the fact of 
its existence or non-existence is itself classifiable under these 
regulations.
    (j) For detailed regulations for the internal processing of 
mandatory review initial requests and appeals see:
    (1) Department of State: 5 FAM 900, 22 CFR 171.22 and 171.60;
    (2) AID: AID Handbook 18, part III, chapter 11; or
    (3) USIA: 22 CFR part 503.