Federal Register / Vol. 79, No. 122 / Wednesday, June 25, 2014 / Rules and Regulations 35935 

scheduling and conduct of your hearing. 

You will also be told if your appearance 

or that of any other party or witness is 

scheduled to be made in person, by 

video teleconferencing, or by telephone. 

If we have scheduled you to appear at 

the hearing by video teleconferencing, 

the notice of hearing will tell you that 

the scheduled place for the hearing is a 

video teleconferencing site and explain 

what it means to appear at your hearing 

by video teleconferencing. 

* * * * * 

[FR Doc. 2014–14793 Filed 6–24–14; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF STATE 

22 CFR Part 9 

[Public Notice 8776] 

RIN 1400–AC75 

National Security Information 

Regulations 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: The Department of State 

revises its regulations governing the 

classification of national security 

information that is under the control of 

the Department in order to reflect the 

provisions of a new executive order on 

national security information, E.O. 

13526 and its implementing directive in 

Information Security Oversight Office 

regulations. This revision also reflects 

consequent changes in the Department’s 

procedures since the last revision of the 

Department’s regulations on this subject 

in 2004. These changes include some 

changes in the classification categories, 

in the rules governing the sharing of 

other-agency classified information, and 

in granting access to classified 

information to certain former 

government personnel. This regulation 

does not apply to information classified 

as Restricted Data (RD) or Formerly 

Restricted Data (FRD). Requirements for 

classifying and declassifying RD and 

FRD can be found in Department of 

Energy regulations on Nuclear 

Classification and Declassification, or in 

a Department of State regulation or 

internal order implementing those 

regulations. 

DATES: This final rule is effective on 

June 25, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Alice Kottmyer, Attorney-Adviser, 

Department of State (L/M), 2201 C Street 

NW., Washington, DC 20520, or at 

kottmyeram@state.gov. 

SUPPLEMENTARY INFORMATION: The 

executive order governing classification 

of national security information, E.O. 

12958, has been superseded by E.O. 

13526, effective December 29, 2009. In 

Section 1.4, the new order makes some 

minor changes in classification 

categories, such as eliminating reference 

to transnational terrorism and adding a 

qualifier to the term ‘‘weapons of mass 

destruction.’’ That section also requires 

that the damage to national security be 

identifiable and describable. These 

changes are reflected in Section 9.4 of 

the rule. 

While the basis for classification and 

the classification levels in E.O. 13526 

are basically the same as those in 

predecessor orders, the new executive 

order contains several provisions not 

present in its immediate predecessors, 

such as the training of classifiers, 

particularly derivative classifiers (not 

covered in this rule); and, in Section 

4.1(i)(1), the sharing with another 

agency, with certain U.S. entities, or 

with foreign governments of classified 

information that was originated by 

another agency after the effective date of 

the executive order (covered in Section 

9.12 of the rule). Section 4.4 of the new 

executive order changes a limitation in 

E.O. 12958 on access to classified 

information by former government 

personnel but adds a limitation that the 

positions that they held be senior 

government positions. These changes 

are included in Section 9.13 of this rule. 

This section is among several from 22 

CFR Part 171 pertaining to 

declassification that have been 

transferred to Part 9 and revised. 

Regulatory Analysis 

Administrative Procedure Act. The 

Department of State is publishing this 

rulemaking as a final rule. 5 U.S.C. 

553(b)(B) provides that a ‘‘general notice 

of proposed rulemaking’’ need not be 

published in the Federal Register 

‘‘when the agency for good cause finds 

(and incorporates the finding and a brief 

statement of reasons therefor in the 

rules issued) that notice and public 

procedure thereon are impracticable, 

unnecessary, or contrary to the public 

interest.’’ The Department of State finds 

good cause to issue this rule without 

advance notice and public comment 

because it has determined such 

procedures are unnecessary. As we note 

above, this rulemaking incorporates into 

existing Department regulations the 

provisions of Executive Order 13526. 

The Executive Order is a directive that 

must be implemented throughout the 

executive branch without significant 

modification; otherwise, there could be 

significant confusion among the public, 

when different agencies adopt different 

classification standards. Because of this, 

the Department determined that 

soliciting public comment was 

unnecessary. 

In addition, this rulemaking involves 

matters of internal Department 

management and organization; 

specifically, the internal procedures for 

the classification and handling of 

classified national security information; 

therefore, the Department has 

determined that this rulemaking is 

exempt from notice-and-comment 

requirements under 5 U.S.C. 553(a)(2). 

Finally, the Department has determined 

that this final rule should be effective 

immediately pursuant to 5 U.S.C. 

553(d)(3). The Department finds ‘‘good 

cause’’ in the need to immediately align 

the Department’s national security 

regulations with those of the White 

House and other agencies, thus 

eliminating the confusion that might be 

caused by conflicting regulations in 

such a sensitive area. 

Regulatory Flexibility Act. Since the 

Department is not required to publish a 

general notice of proposed rulemaking 

for this rulemaking, a Regulatory 

Flexibility Analysis is not required. 

Unfunded Mandates Act of 1995. This 

rule will not result in the expenditure 

by State, local, and tribal governments, 

in the aggregate, or by the private sector, 

of $100 million or more in any year and 

it will not significantly or uniquely 

affect small governments. Therefore, no 

actions were deemed necessary under 

the provisions of the Unfunded 

Mandates Reform Act of 1995. 

Information Quality Act. The 

Department intends to disseminate 

information under this rulemaking in 

compliance with the Information 

Quality Act, Public Law 106–554, and 

the Department of State Information 

Quality Guidelines, dated October 1, 

2002, located at http://www.state.gov/

misc/13864.htm. 

Congressional Review Act. This rule is 

not a major rule as defined by the 

Congressional Review Act, 5 U.S.C. 804. 

This rule will not result in an annual 

effect on the economy of $100 million 

or more; a major increase in costs or 

prices; or significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

companies to compete with foreign 

based companies in domestic and 

import markets. The rule is being 

submitted to both Houses of Congress 

and the Comptroller General. Since it is 

not a major rule, the proposed effective 

date is the date of publication. 

Executive Orders 12866 and 13563. 

Executive Order 12866 directs agencies 

to assess the costs and benefits of 

available regulatory alternatives and, if 


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regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety effects, distributive impacts, 

and equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule 

has been designated a ‘‘significant 

regulatory action’’ although not 

economically significant, under section 

3(f) of Executive Order 12866. 

Accordingly, the rule has been reviewed 

by the Office of Management and 

Budget. This rule imposes no additional 

costs on the public or on the 

Department of State, and provides the 

benefit of providing additional clarity 

for the public and Department 

personnel with respect to Executive 

Order 13526 and its effect on 

Department regulations, thus 

eliminating the confusion that might be 

caused by conflicting regulations in 

such a sensitive area. 

Executive Order 12988—Civil Justice 

Reform. The Department has reviewed 

this regulation in light of sections 3(a) 

and 3(b)(2) of Executive Order 12988 to 

eliminate ambiguity, minimize 

litigation, establish clear legal 

standards, and reduce burden. 

Executive Order 13563—Periodic 

Review of Existing Significant 

Regulations. The Department has 

considered this rule in light of 

Executive Order 13563, dated January 

18, 2011, and affirms that this regulation 

is consistent with the guidance therein. 

Executive Orders 12372 and 13132— 

Federalism. This regulation will not 

have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with section 6 of Executive 

Order 13132, it is determined that this 

rule does not have sufficient federalism 

implications to require consultations or 

warrant the preparation of a federalism 

summary impact statement. The 

regulations implementing Executive 

Order 12372 regarding 

intergovernmental consultation on 

Federal programs and activities do not 

apply to this regulation. 

Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments. The Department has 

determined that this rulemaking will 

not have tribal implications, will not 

impose substantial direct compliance 

costs on Indian tribal governments, and 

will not pre-empt tribal law. 

Accordingly, the requirements of 

Executive Order 13175 do not apply to 

this rulemaking. 

National Environmental Policy Act. 

The Department has analyzed this 

regulation for the purpose of the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321–4347) and has 

determined that it will not have any 

effect on the quality of the environment. 

Paperwork Reduction Act. This rule 

does not impose or revise any reporting 

or record-keeping requirements subject 

to the Paperwork Reduction Act, 44 

U.S.C. Chapter 35. 

List of Subjects in 22 CFR Part 9 

Administrative practice and 

procedure, Classified information. 

■ For the reasons set forth in the 

preamble, the Department of State 

revises 22 CFR part 9 to read as follows: 

PART 9—SECURITY INFORMATION 

REGULATIONS 

Sec. 

9.1 Basis. 

9.2 Objective. 

9.3 Senior agency official. 

9.4 Original classification. 

9.5 Original classification authority. 

9.6 Derivative classification. 

9.7 Identification and marking. 

9.8 Classification challenges. 

9.9 Declassification and downgrading. 

9.10 Mandatory declassification review. 

9.11 Systematic declassification review. 

9.12 Sharing other-agency classified 

information. 

9.13 Access to classified information by 

historical researchers and certain former 

government personnel. 

9.14 Pre-publication review of writings by 

former Department personnel. 

9.15 Assistance to the Historian’s Office. 

9.16 Safeguarding. 

Authority: E.O. 13526 (75 FR 707, January 

5, 2010); Information Security Oversight 

Office Directive 32 CFR Part 2001 (75 FR 

37254, June 28, 2010). 

§ 9.1 Basis. 

The regulations in this part, taken 

together with 32 CFR part 2001 and 

Volume 5 of the Department’s Foreign 

Affairs Manual, provide the basis for the 

security classification program of the 

U.S. Department of State (‘‘the 

Department’’) implementing Executive 

Order 13526 on Classified National 

Security Information (‘‘the Executive 

Order’’ or ‘‘the Order’’). 

§ 9.2 Objective. 

The objective of the Department’s 

classification program is to ensure that 

national security information is 

protected from unauthorized disclosure, 

but that it remains classified only to the 

extent and for such a period as is 

necessary. 

§ 9.3 Senior agency official. 

The Executive Order requires that 

each agency that originates or handles 

classified information designate a 

Senior Agency Official to direct and 

administer its information security 

program. The Department’s senior 

agency official is the Under Secretary of 

State for Management. The Senior 

Agency Official is assisted in carrying 

out the provisions of the Executive 

Order and the Department’s information 

security program by the Assistant 

Secretary for Diplomatic Security, the 

Assistant Secretary for Administration, 

and the Deputy Assistant Secretary for 

Global Information Services. 

§ 9.4 Original classification. 

(a) Definition. Original classification 

is the initial determination that certain 

information requires protection against 

unauthorized disclosure in the interest 

of national security (i.e., national 

defense or foreign relations of the 

United States), together with a 

designation of the level of classification. 

(b) Classification levels. (1) Top Secret 

shall be applied to information the 

unauthorized disclosure of which 

reasonably could be expected to cause 

exceptionally grave damage to the 

national security that the original 

classification authority is able to 

identify or describe. 

(2) Secret shall be applied to 

information the unauthorized disclosure 

of which reasonably could be expected 

to cause serious damage to the national 

security that the original classification 

authority is able to identify or describe. 

(3) Confidential shall be applied to 

information the unauthorized disclosure 

of which reasonably could be expected 

to cause damage to the national security 

that the original classification authority 

is able to identify or describe. 

(c) Classification requirements and 

considerations. (1) Information may not 

be considered for classification unless 

its unauthorized disclosure could 

reasonably be expected to cause 

identifiable or describable damage to the 

national security in accordance with 

section 1.2 of the Executive Order, and 

it pertains to one or more of the 

following: 

(i) Military plans, weapons systems, 

or operations; 

(ii) Foreign government information; 

(iii) Intelligence activities (including 

covert action), intelligence sources or 

methods, or cryptology; 

(iv) Foreign relations or foreign 

activities of the United States, including 

confidential sources; 

(v) Scientific, technological, or 

economic matters relating to the 

national security; 


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(vi) United States Government 

programs for safeguarding nuclear 

materials or facilities; 

(vii) Vulnerabilities or capabilities of 

systems, installations, infrastructures, 

projects, plans, or protection services 

relating to the national security; or 

(viii) The development, production, 

or use of weapons of mass destruction. 

(2) In classifying information, the 

public’s interest in access to government 

information must be balanced against 

the need to protect national security 

information. 

(3) The unauthorized disclosure of 

foreign government information is 

presumed to cause damage to national 

security. 

(d) Classification limitations and 

prohibitions. (1) In no case shall 

information be classified in order to 

conceal violations of law, inefficiency, 

or administrative error, or to prevent 

embarrassment to a person, 

organization, or agency, to restrain 

competition, or to prevent or delay the 

release of information that does not 

require protection in the interest of the 

national security. 

(2) A reference to classified 

documents that does not directly or 

indirectly disclose classified 

information may not be classified or 

used as a basis for classification. 

(3) Only information owned by, 

produced by or for, or under the control 

of the U.S. Government may be 

originally classified. 

(e) Duration of classification. (1) 

Information shall be classified for as 

long as is required by national security 

considerations, subject to the limitations 

set forth in section 1.5 of the Executive 

Order. When it can be determined, a 

specific date or event for 

declassification in less than 10 years 

shall be set by the original classification 

authority at the time the information is 

originally classified. If a specific date or 

event for declassification cannot be 

determined, information shall be 

marked for declassification 10 years 

from the date of the original decision, 

unless the original classification 

authority determines that the sensitivity 

of the information requires that it be 

marked for declassification for up to 25 

years from the date of the original 

decision except for: 

(i) Information that would reveal the 

identity of a confidential human source 

or a human intelligence source, or key 

design concepts of weapons of mass 

destruction, in which case the duration 

of classification shall be up to 75 years 

and shall be designated with the 

markings ‘‘50X1–HUM’’ and ‘‘50X2– 

WMD,’’ respectively; and 

(ii) Specific information incorporated 

into the classification guide under 

section 2.2(e) of the Executive Order 

relating to exemptions from automatic 

declassification. 

(2) An original classification authority 

may extend the duration of 

classification up to 25 years from the 

date of origin of the document, change 

the level of classification, or reclassify 

specific information only when the 

standards and procedures for classifying 

information under the Executive Order 

are met. 

(3) No information may remain 

classified indefinitely. Information 

marked for an indefinite duration of 

classification under predecessor orders, 

such as ‘‘Originating Agency’s 

Determination Required’’ (OADR) or 

classified information that contains 

incomplete declassification instructions 

or lacks declassification instructions, 

shall be declassified in accordance with 

Part 3 of the Order. 

§ 9.5 Original classification authority. 

(a) Authority for original classification 

of information as Top Secret may be 

exercised by the Secretary and those 

officials delegated this authority in 

writing by the Secretary. Such authority 

has been delegated to the Deputy 

Secretaries, the Under Secretaries, the 

Counselor, Assistant Secretaries and 

equivalents; Chiefs of Mission and U.S. 

representatives to international 

organizations; and certain other officers 

within the Department and at posts 

abroad. 

(b) Authority for original 

classification of information as Secret or 

Confidential may be exercised only by 

the Secretary, the Senior Agency 

Official, and those officials delegated 

this authority in writing by the 

Secretary or the Senior Agency Official. 

Such authority has been delegated to 

Deputy Assistant Secretaries, Principal 

Officers at consulates general and 

consulates abroad, and certain other 

officers within the Department and at 

posts abroad. In the absence of the 

Secret or Confidential classification 

authority, the person designated to act 

for that official may exercise that 

authority. 

§ 9.6 Derivative classification. 

(a) Definition. Derivative classification 

is: the incorporating, paraphrasing, 

restating, or generating in new form 

information that is already classified 

and the marking of the new material 

consistent with the classification of the 

source material, or the marking of the 

information in accordance with an 

authorized classification guide. 

Duplication or reproduction of existing 

classified information is not derivative 

classification. Persons who apply 

classification markings derived from 

source material or as directed by a 

classification guide need not possess 

original classification authority. 

(b) Responsibility. Information 

classified derivatively from other 

classified information shall be classified 

and marked in accordance with 

instructions from an authorized 

classifier or in accordance with an 

authorized classification guide and shall 

comply with the standards set forth in 

sections 2.1–2.2 of the Executive Order 

and 32 CFR 2001.22. The duration of 

classification of a document classified 

by a derivative classifier using a 

classification guide shall not exceed 25 

years except for: 

(1) Information that would reveal the 

identity of a confidential human source 

or a human intelligence source (50X1– 

HUM) or key design concepts of 

weapons of mass destruction (50X2– 

WMD), and 

(2) Specific information incorporated 

into the classification guide under 

section 2.2(e) of the Executive Order 

relating to exemptions from automatic 

declassification. 

(c) Department of State Classification 

Guide. The Department of State 

Classification Guide (DSCG) is the 

primary authority for the classification 

of information in documents created by 

Department of State personnel. The 

Guide is classified ‘‘Confidential’’ and is 

found on the Department of State’s 

classified Web site. 

§ 9.7 Identification and marking. 

(a) Classified information shall be 

marked pursuant to the standards set 

forth in section 1.6 of the Executive 

Order, 32 CFR part 2001, subpart C, and 

internal Department guidance in 5 

Foreign Affairs Manual. 

(b) Foreign government information 

shall retain its original classification 

markings or be marked and classified at 

a U.S. classification level that provides 

a degree of protection at least equivalent 

to that required by the entity that 

furnished the information. Foreign 

government information retaining its 

original classification markings need not 

be assigned a U.S. classification marking 

provided the responsible agency 

determines that the foreign government 

markings are adequate to meet the 

purposes served by U.S. classification 

markings. 

(c) Information assigned a level of 

classification under predecessor 

executive orders shall be considered as 

classified at that level of classification 

despite the omission of other required 

markings. 


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(d) Prior to public release, all 

declassified records shall be 

appropriately marked to reflect their 

declassification. 

§ 9.8 Classification challenges. 

(a) Challenges. Authorized holders of 

information pertaining to the 

Department of State who believe that its 

classification status is improper are 

expected and encouraged to challenge 

the classification status of the 

information. Such persons making 

challenges to the classification status of 

information shall not be subject to 

retribution for such action. Informal, 

usually oral, challenges are encouraged. 

Formal challenges to classification 

actions shall be in writing to an original 

classification authority (OCA) with 

jurisdiction over the information and a 

copy of the challenge shall be sent to the 

Office of Information Programs and 

Services (IPS) of the Department of 

State, SA–2, 515 22nd St. NW., 

Washington, DC 20522–8100. The 

Department (either the OCA or IPS) 

shall provide an initial response in 

writing within 60 calendar days. 

(b) Appeal procedures and time 

limits. A negative response may be 

appealed to the Department’s Appeals 

Review Panel (ARP) and should be sent 

to: Chairman, Appeals Review Panel, 

c/o Director, Office of Information 

Programs and Services/Appeals Officer, 

at the IPS address given above. The 

appeal shall include a copy of the 

original challenge, the response, and 

any additional information the 

appellant believes would assist the ARP 

in reaching its decision. The ARP shall 

respond within 90 calendar days of 

receipt of the appeal. A negative 

decision by the ARP may be appealed to 

the Interagency Security Classification 

Appeals Panel (ISCAP) referenced in 

section 5.3 of Executive Order 13526. If 

the Department fails to respond to a 

formal challenge within 120 calendar 

days or if the ARP fails to respond to an 

appeal within 90 calendar days, the 

challenge may be sent directly to the 

ISCAP. 

(c) Pre-publication review materials. 

The provisions for classification 

challenges do not apply to material 

required to be submitted for prepublication review, or other 

administrative action, pursuant to a 

non-disclosure agreement. 

§ 9.9 Declassification and downgrading. 

(a) Declassification processes. 

Declassification of classified 

information may occur: 

(1) After review of material in 

response to a Freedom of Information 

Act (FOIA) request, mandatory 

declassification review request, 

discovery request, subpoena, 

classification challenge, or other 

information access or declassification 

request; 

(2) After review as part of the 

Department’s systematic declassification 

review program; 

(3) As a result of the elapse of the time 

or the occurrence of the event specified 

at the time of classification; 

(4) By operation of the automatic 

declassification provisions of section 3.3 

of the Executive Order with respect to 

material more than 25 years old. 

(b) Downgrading. When material 

classified at the Top Secret level is 

reviewed for declassification and it is 

determined that classification continues 

to be warranted, a determination shall 

be made whether downgrading to a 

lower level of classification is 

appropriate. If downgrading is 

determined to be warranted, the 

classification level of the material shall 

be changed to the appropriate lower 

level. 

(c) Authority to downgrade and 

declassify. (1) Classified information 

may be downgraded or declassified by: 

(i) The official who originally 

classified the information if that official 

is still serving in the same position and 

has original classification authority; 

(ii) A successor in that capacity if that 

individual has original classification 

authority; 

(iii) A supervisory official of either if 

the supervisory official has original 

classification authority; 

(iv) Other Department officials 

specifically delegated declassification 

authority in writing by the Secretary or 

the Senior Agency Official; or 

(v) The Director of the Information 

Security Oversight Office pursuant to 

Sec. 3.1(a) of E.O. 13526. 

(2) The Department shall maintain a 

record of Department officials 

specifically designated as 

declassification and downgrading 

authorities. 

(d) Declassification in the public 

interest. Although information that 

continues to meet the classification 

criteria of the Executive Order or a 

predecessor order normally requires 

continued protection, in some 

exceptional cases the need to protect 

information may be outweighed by the 

public interest in disclosure of the 

information. When such a question 

arises, it shall be referred to the 

Secretary or the Senior Agency Official 

for decision on whether, as an exercise 

of discretion, the information should be 

declassified and disclosed. This 

provision does not amplify or modify 

the substantive criteria or procedures for 

classification or create any substantive 

or procedural right subject to judicial 

review. 

(e) Public disclosure of declassified 

information. Declassification of 

information is not, by itself, 

authorization for its public disclosure. 

Previously classified information that is 

declassified may be exempt from public 

disclosure under the FOIA, the Privacy 

Act, or various statutory confidentiality 

provisions. There also may be treaties or 

other international agreements that 

would preclude public disclosure of 

declassified information. 

§ 9.10 Mandatory declassification review 

(a) Scope. All information classified 

under E.O. 13526 or predecessor orders 

shall be subject to mandatory 

declassification review upon request by 

a member of the public or a U.S. 

government employee or agency with 

the following exceptions: 

(1) Information originated by the 

incumbent President or the incumbent 

Vice President; the incumbent 

President’s White House staff or the 

incumbent Vice President’s staff; 

committees, commissions, or boards 

appointed by the incumbent President; 

other entities within the Executive 

Office of the President that solely advise 

and assist the incumbent President; 

(2) Information that is the subject of 

pending litigation; and 

(3) Information that has been 

reviewed for declassification within the 

past two years which need not be 

reviewed again, but the requester shall 

be given appeal rights. 

(b) Requests. Requests for mandatory 

declassification review should be 

addressed to the Office of Information 

Programs and Services, U.S. Department 

of State, SA–2, 515 22nd St. NW., 

Washington, DC 20522–8100. 

(c) Description of information. In 

order to be processed, a request for 

mandatory declassification review must 

describe the document or the material 

containing the information sought with 

sufficient specificity to enable the 

Department to locate the document or 

material with a reasonable amount of 

effort. Whenever a request does not 

sufficiently describe the material, the 

Department shall notify the requester 

that no further action will be taken 

unless additional description of the 

information sought is provided. 

(d) Refusal to confirm or deny 

existence of information. The 

Department may refuse to confirm or 

deny the existence or nonexistence of 

requested information whenever the fact 

of existence or nonexistence is itself 

classified. 


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(e) Processing. In responding to 

mandatory declassification review 

requests, the Department shall make a 

review determination as promptly as 

possible, but in no case more than one 

year from the date of receipt of the 

request, and notify the requester 

accordingly. When the requested 

information cannot be declassified in its 

entirety, the Department shall release all 

meaningful portions that can be 

declassified and that are not exempt 

from disclosure on other grounds. 

(f) Other agency information. When 

the Department receives a request for 

information in its possession that was 

originally classified by another agency, 

it shall refer the request and the 

pertinent information to the other 

agency unless that agency has agreed 

that the Department may review such 

information for declassification on 

behalf of that agency. In any case, the 

Department is responsible for 

responding to the requester with regard 

to any responsive information, 

including other-agency information, 

unless a prior arrangement has been 

made with the originating agency. 

(g) Foreign government information. 

In the case of a request for material 

containing foreign government 

information, the Department shall 

determine whether the information may 

be declassified and may, if appropriate, 

consult with the relevant foreign 

government on that issue. If the 

Department is not the agency that 

initially received the foreign 

government information, it may consult 

with the original receiving agency. 

(h) Documents or material containing 

RD or Transclassified Foreign Nuclear 

Information (TFNI). Documents or 

material containing RD or TFNI will be 

submitted to DOE for review. 

Documents containing FRD will be 

submitted to DOE or DoD for review. 

(i) Appeals. Any denial of a 

mandatory declassification review 

request may be appealed to the ARP. A 

denial by the ARP of a mandatory 

declassification review appeal may be 

further appealed to the ISCAP. A failure 

of the Department to make a 

determination on a mandatory 

declassification review request within 

one year from the date of its receipt or 

to respond to an appeal of a denial by 

the ARP within 180 calendar days of its 

receipt may be appealed directly to the 

ISCAP. 

§ 9.11 Systematic declassification review. 

The Director of the Office of 

Information Programs and Services shall 

be responsible for conducting a program 

for systematic declassification review of 

historically valuable records that: were 

exempted from the automatic 

declassification provisions of section 3.3 

of the Executive Order; or will soon 

become subject to the automatic 

declassification provisions of section 3.3 

of the Order. The Director shall 

prioritize such review in accordance 

with priorities established by the 

National Declassification Center. 

§ 9.12 Sharing other-agency classified 

information. 

The long-standing third-agency rule 

has required prior originating agency 

approval before a receiving agency 

could further disseminate classified 

information. Under the Executive Order, 

unless the originating agency indicates 

on the material that prior approval is 

required and provided that the criteria 

for access under section 4.1(a) of the 

Order are met, a receiving agency may 

further disseminate classified 

information in documents created 

subsequent to the effective date of the 

Order to another agency or U.S. entity 

without consultation with the 

originating agency. ‘‘U.S. entity’’ 

includes cleared state, local, tribal, and 

private sector entities. Similarly, under 

certain circumstances, receiving 

agencies may pass such classified 

information to foreign governments. 

§ 9.13 Access to classified information by 

historical researchers and certain former 

government personnel. 

(a) The restriction in E.O. 13526 and 

predecessor orders on limiting access to 

classified information to individuals 

who have a need-to-know the 

information may be waived, under the 

conditions set forth below, for persons 

who: are engaged in historical research 

projects; have served as President or 

Vice President; have occupied senior 

policy-making positions in the 

Department of State or other U.S. 

government agencies to which they 

were appointed or designated by the 

President or the Vice President. It does 

not include former Foreign Service 

Officers as a class or persons who 

merely received assignment 

commissions as Foreign Service 

Officers, Foreign Service Reserve 

Officers, Foreign Service Staff Officers, 

and employees. 

(b) Requests by such persons must be 

submitted in writing to the Office of 

Information Programs and Services at 

the address set forth above and must 

include a general description of the 

records sought, the time period covered 

by the records that are the subject of the 

request, and an explanation why access 

is sought. Requests for access by such 

requesters may be granted if: 

(1) The Secretary or the Senior 

Agency Official determines in writing 

that access is consistent with the 

interests of national security; 

(2) The requester agrees in writing to 

safeguard the information from 

unauthorized disclosure or compromise; 

(3) The requester submits a statement 

in writing authorizing the Department to 

review any notes and manuscripts 

created as a result of access; 

(4) The requester submits a statement 

in writing that any information obtained 

from review of the records will not be 

disseminated without the express 

written permission of the Department; 

(c) If a requester uses a research 

assistant, the requester and the research 

assistant must both submit a statement 

in writing acknowledging that the same 

access conditions set forth in paragraphs 

(b)(2) through (b)(4) of this section apply 

to the research assistant. Such a 

research assistant must be working for 

the applicant and not gathering 

information for publication on his or her 

own behalf. 

(d) Access granted under this section 

shall be limited to items the official 

originated, reviewed, signed, or received 

while serving as a Presidential or Vice 

Presidential appointee or designee or as 

President or Vice President. 

(e) Such requesters may seek 

declassification and release of material 

to which they have been granted access 

under this section through either the 

FOIA or the mandatory declassification 

review provisions of E.O. 13526. Such 

requests shall be processed in the order 

received, along with other FOIA and 

mandatory declassification review 

requests, and shall be subject to the fees 

applicable to FOIA requests. 

§ 9.14 Pre-publication review of writings 

by former Department personnel. 

The Department provides prepublication review of writings on 

foreign relations topics by former 

Department personnel, including 

contractors and detailees, who had 

security clearances to try to ensure that 

former personnel do not violate their 

agreements on non-disclosure of 

classified national security information 

in such writings. Manuscripts 

(including articles, speeches, books, 

etc.) should be sent to the Director, 

Office of Information Programs and 

Services, 515 22nd St. NW., 

Washington, DC 20522–8100. Questions 

about pre-publication clearance may be 

sent to Classification@state.gov. 

§ 9.15 Assistance to the Historian’s Office. 

All elements of the Department shall 

assist the Historian’s Office in its 

preparation of the Foreign Relations of 


ehiers on DSK2VPTVN1PROD with RULES
35940 Federal Register / Vol. 79, No. 122 / Wednesday, June 25, 2014 / Rules and Regulations 

1HUD’s 2014 Appropriations Act is Title II of 

Division L of Public Law 113–76, 128 Stat. 5, 

approved January 17, 2014. See Public Law 113–76 

at 128 Stat. 604. 2The five general provisions are sections 210, 

212, 220, 238, and 242. This notice addresses 

sections 212, 220, 238, and 242. Section 210, which 

pertains to flat rents is addressed separately PIH 

Notice 2014–12, available at http://portal.hud.gov/ 

hudportal/documents/huddoc?id=14-12pihn.pdf. 

the United States (FRUS) series such as 

by providing prompt access to and, 

when possible, declassification of 

information deemed appropriate for 

inclusion in the FRUS. 

§ 9.16 Safeguarding. 

Specific controls on the use, 

processing, storage, reproduction, and 

transmittal of classified information 

within the Department to provide 

protection for such information and to 

prevent access by unauthorized persons 

are contained in Volume 12 of the 

Department’s Foreign Affairs Manual. 

Dated: May 29, 2014. 

Margaret P. Grafeld, 

Deputy Assistant Secretary, Department of 

State. 

[FR Doc. 2014–14879 Filed 6–24–14; 8:45 am] 

BILLING CODE 4710–24–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Parts 5, 943, and 982 

[Docket No. FR–5778–N–01] 

HUD Implementation of Fiscal Year 

2014 Appropriations Provisions on 

Public Housing Agency Consortia, 

Biennial Inspections, Extremely LowIncome Definition, and Utility 

Allowances 

AGENCY: Office of the Assistant 

Secretary for Housing—Federal Housing 

Commissioner and Office of the 

Assistant Secretary for Public and 

Indian Housing, HUD. 

ACTION: Notice of statutory changes. 

SUMMARY: Section 243 of the Department 

of Housing and Urban Development 

Appropriations Act, 2014 (2014 

Appropriations Act) authorizes HUD to 

implement certain statutory changes to 

the United States Housing Act of 1937 

made by the 2014 Appropriations Act 

through notice followed by notice and 

comment rulemaking. This notice 

establishes the terms and conditions by 

which HUD will implement changes to 

the statutory definition of a ‘‘public 

housing agency’’ (PHA), the frequency 

of housing inspections, the statutory 

definition of ‘‘extremely low-income,’’ 

and utility allowances for tenant-paid 

utilities. 

DATES: Effective Date: July 1, 2014. 

FOR FURTHER INFORMATION CONTACT: For 

Public Housing and Voucher program 

questions, contact Michael Dennis, 

Director of the Office of Housing 

Voucher Programs, Department of 

Housing and Urban Development, 451 

7th Street SW., Room 4228, Washington, 

DC 20410; telephone number 202–402– 

4059 (this is not a toll-free number). For 

questions regarding the multifamily 

programs, contact Claire Brolin, 451 7th 

Street SW., Suite 6138, Washington, DC 

20410 at 202–402–6634 (this is not a 

toll-free number). Persons with hearing 

or speech impairments may access 

either of these numbers through TTY by 

calling the toll-free Federal Relay 

Service at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The general provisions of the 2014 

Appropriations Act 1 include five 

statutory changes to the United States 

Housing Act of 1937 (42 U.S.C. 1437 et 

seq.) (1937 Act) that are designed to 

reduce administrative burdens on PHAs, 

enable PHAs to better target assistance 

to families in need of such assistance, 

and reduce Federal costs.2 Expediting 

the implementation of these provisions 

through notice will help PHAs to benefit 

from the changes in the law sooner than 

if implementation was accomplished 

solely through public rulemaking. The 

only statutory change that is applicable 

to multifamily project-based section 8 

programs is the added definition of 

‘‘extremely low-income’’ in section 238. 

For all other statutory changes, the 

changes provided in this notice apply 

only to the public housing and section 

8 voucher programs. 

Section 212 of the 2014 

Appropriations Act amends the 

definition of a PHA to include a 

consortium of such entities. 

Section 220 allows PHAs to comply 

with the requirement to inspect assisted 

dwelling units during the term of a 

housing assistance payment (HAP) 

contract by conducting biennial housing 

quality inspections instead of annual 

inspections. PHAs are also able to 

utilize alternative inspection methods to 

demonstrate that housing meets the 

housing quality requirements under the 

voucher program. 

Section 238 creates a statutory 

definition of ‘‘extremely low-income 

families,’’ which is defined as very lowincome families whose incomes do not 

exceed the higher of the Federal poverty 

level or 30 percent of Area Median 

Income. 

Section 242 establishes a cap on the 

utility allowance for families leasing 

oversized units. The cap is set at an 

amount based on family size rather than 

the size of the unit leased, with the 

ability to set a higher amount to provide 

a reasonable accommodation to the 

family of a person with disabilities, 

harmonizing the utility allowance 

standard with the payment standard 

requirement. 

In order to allow PHAs to receive, as 

quickly as possible, the benefit of the 

reduced burden that these provisions 

are designed to achieve, the 2014 

Appropriations Act authorizes HUD to 

implement the changes through notice, 

provided that HUD follows with notice 

and comment rulemaking within six 

months of the issuance of the notice. 

II. Implementation Requirements 

A. PHA Consortia 

Section 212 of the 2014 

Appropriations Act amends the 

definition of ‘‘public housing agency’’ at 

subparagraph (A) of section 3(b)(6) of 

the 1937 Act (42 U.S.C. 1437a(b)(6)(A)) 

to include in its general definition ‘‘a 

consortium of such entities or bodies as 

approved by the Secretary.’’ PHAs may 

follow 24 CFR part 943 to form, 

participate in, and utilize consortia. 

PHAs may request a waiver of any 

current provision related to consortium 

organization, elements of the agreement, 

the relationship between HUD and the 

consortium, and the responsibilities of 

the consortium. 

The Secretary will not approve any 

consortium of PHAs for administration 

of multifamily project-based section 8 

program contracts. 

B. Biennial Inspections 

Section 220 of the 2014 

Appropriations Act allows PHAs to 

comply with the requirement to inspect 

assisted dwelling units during the term 

of a HAP contract by inspecting such 

units not less than biennially instead of 

annually and to rely upon alternative 

inspection methods to meet this 

requirement. However, a PHA may not 

use the alternative inspection method in 

lieu of the initial unit or any interim 

inspection. PHAs are still required to 

conduct an initial inspection, prior to 

entering into a HAP contract, and 

interim inspections, if a family or 

government official notifies the PHA of 

a unit’s failure to comply with housing 

quality standards, in accordance with 

the housing quality standards (HQS) of 

the HCV program. 

1. In General 

In order to bring relief to PHAs and 

owners as expeditiously as possible, 

HUD is implementing certain elements 


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