[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR8.4]

[Page 80-81]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 
                                SECURITY
 
PART 8_NATIONAL SECURITY INFORMATION--Table of Contents
 
Sec. 8.4  Mandatory declassification review procedures.

    (a) All information classified by FEMA under E.O. 12356 or 
predecessor orders shall be subject to a review for declassification if 
such a review is requested by a United States citizen or permanent 
resident alien, a Federal agency or a State or local government.
    (b) Requests for declassification review shall be submitted to the 
Office of Security, Federal Emergency Management Agency, Washington, DC 
20472. All requests shall be in writing and reasonably describe the 
information sought with sufficient clarity to enable the appropriate 
FEMA component to identify the information sought. Any requests that do 
not sufficiently identify the information sought shall be returned to 
the requestor and he or she shall be asked to clarify the request and/or 
provide additional information.

[[Page 81]]

    (c) If within 30 days the requestor does not respond to the agency's 
request for clarification or additional information, the FEMA Office of 
Security shall notify the requestor that no further action can be taken 
on the request. If the requestor's response to the agency's request for 
clarification and/or additional information is inadequate, the Office of 
Security shall notify him or her that no further action will be taken 
until such time as the agency is provided with adequate information 
concerning the request. In addition, the agency's response will set 
forth the agency's explanation of the deficiencies of the request.
    (d) Once a request meets the foregoing requirements for processing, 
it will be acted upon as follows:
    (1) Receipt of all requests shall be acknowledged within ten (10) 
working days.
    (2) FEMA action upon a request shall be completed within sixty (60) 
calendar days.
    (e) The Director of Security shall designate a FEMA component to 
conduct the declassification review. This will normally be the 
originating component. The designated program or staff office shall 
conduct the review and forward its recommendation(s) to the Office of 
Security. Information no longer requiring protection under E.O. 12356 
shall be declassified and released unless withholding is otherwise 
authorized under applicable law. When information cannot be declassified 
in its entirety, FEMA will make a reasonable effort to release those 
declassified portions of the requested information that constitute a 
coherent segment. If the information may not be released in whole or 
part, the requestor shall be given a brief statement as to the reason 
for the denial, a notice of the right to appeal the determination to the 
Director of FEMA and a notice that such an appeal must be filed within 
sixty (60) calendar days to be considered.
    (f) If the request requires the rendering of services for which fees 
may be charged under 31 U.S.C. 9701, such fees may be imposed in 
accordance with the provisions of 44 CFR part 5, subpart C.
    (g) The following procedures shall be followed when denials of 
requests for declassification are appealed:
    (1) The Director shall, within fifteen (15) working days of receipt 
of the appeal, convene a meeting of the FEMA Information Security 
Oversight Committee (ISOC). Representation on the FEMA ISOC shall 
include the Director of Security or his/her representative, a 
representative of the component that denied the original request, a 
representative from the Office of General Counsel, a representative from 
the Office of External Affairs and the Chief of Staff or his/her 
representative.
    (2) If the ISOC upholds the appeal in its entirety, the information 
will be released in accordance with the provisions of paragraph (e) of 
this section.
    (3) If the ISOC denies the appeal, in part or in its entirety, then 
it will forward the appeal with its recommendation(s) to the Director of 
FEMA, for a final determination. A reply will be forwarded to the 
requestor enclosing the declassified releasable information if any, and 
an explanation for denying the request in whole or in part.
    (4) Final action on appeals shall be completed within thirty (30) 
working days of receipt of appeal.

[49 FR 24518, June 14, 1984, as amended at 49 FR 38119, Sept. 27, 1984; 
50 FR 40006, Oct. 1, 1985; 51 FR 34605, Sept. 30, 1986]