Administrative Law - CFR - 32 CFR 2001.16: Fundamental classification guidance review.


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32 CFR 2001.16: Fundamental classification guidance review.

(a) Performance of fundamental classification guidance reviews.

 An initial fundamental classification guidance review shall be completed by every agency with original classification authority and which authors security classification guides no later than June 27, 2012. Agencies shall conduct fundamental classification guidance reviews on a periodic basis thereafter. The frequency of the reviews shall be determined by each agency considering factors such as the number of classification guides and the volume and type of information they cover. However, a review shall be conducted at least once every five years.

(b) Coverage of reviews.

 At a minimum, the fundamental classification guidance review shall focus on:
(1) Evaluation of content.
(i) Determining if the guidance conforms to current operational and technical circumstances; and
(ii) Determining if the guidance meets the standards for classification under section 1.4 of the Order and an assessment of likely damage under section 1.2 of the Order; and
(2) Evaluation of use:
(i) Determining if the dissemination and availability of the guidance is appropriate, timely, and effective; and
(ii) An examination of recent classification decisions that focuses on ensuring that classification decisions reflect the intent of the guidance as to what is classified, the appropriate level, the duration, and associated markings.

(c) Participation in reviews.

 The agency head or senior agency official shall direct the conduct of a fundamental classification guidance review and shall ensure the appropriate agency subject matter experts participate to obtain the broadest possible range of perspectives. To the extent practicable, input should also be obtained from external subject matter experts and external users of the reviewing agency's classification guidance and decisions.

(d) Reports on results.

 Agency heads shall provide a detailed report summarizing the results of each classification guidance review to ISOO and release an unclassified version to the public except when the existence of the guide or program is itself classified.