NRO Information Review & Release Programs

 

Mandatory Declassification Review (MDR)

Individuals or entities may also request declassification review of specific material via the Mandatory Declassification Review (MDR) process, another route under the terms of Executive Order 13526, subject to certain limitations.  MDR requests must be for information--regardless of its age or origin--that is specifically described in a manner that enables the agency to locate the document(s) with reasonable effort.  

The request must describe the document or material containing the information with sufficient specificity to enable the agency to locate it with a reasonable amount of effort.

• MDR requests must provide enough information to target specific document(s).  Information that would provide the sufficient specificity would include a record identifier such as originator, date, title, subject, the National Archives and Records Administration accession number, or other applicable unique identifying number.  Broad or topical MDR requests for records on a particular subject, such as "any and all documents concerning" a subject do not meet this standard.

Federal government agencies do not process MDR requests for which the following applies:

• The requested information is exempt from search and review under certain sections of the National Security Act of 1974;
• The information is the subject of pending litigation; and/or
• The information was reviewed for declassification under MDR within the past 2 years

 

Submission:

An MDR request must be submitted in writing to the applicable agency.  Requests for MDRs must include the following:

• “This is a request for a mandatory declassification review (MDR), under the terms of section 3.5 of E.O. 13526 of the following…”
• Specifically describe the document(s) being requested.
• When possible, include a title, date, and document number.
• Ask that the agency release “all reasonably segregable material.”
• Limit the request as much as possible to increase the chances of receiving a timely decision.
• Include contact information, including a correct/current return mailing address.
• Include a statement that the requester understands that the request may incur processing charges.

Information on where to send MDR requests at each agency can be found on ISOO’s website at http://www.archives.gov/isoo/contact/mdr-contact/html.  You may submit your request for National Reconnaissance Office records to the following:

Mailing Address:

National Reconnaissance Office

COMM/Information Review and Release Group

14675 Lee Road

Chantilly, VA 20151-1715

Fax: (703) 745-0833

Email: MDR@nro.mil

Please write “Mandatory Declassification Review” on the envelope or the subject line of your fax or email.

 

MDR Versus FOIA:

Is the request targeted to a single document or narrow series of documents?

• Yes: Submit either an MDR or FOIA request
• No: Submit a FOIA request.

The same person may not file a FOIA request for the same information concurrently with an MDR request. 

• In accordance with Section 2001.33(f) of Title 32, Code of Federal Regulations, if a requester asks for the same record under the FOIA and the MDR, the agency shall ask the requester to select one process or the other.  If the requester fails to select one or the other, the request will be treated as a FOIA request unless the requested materials are subject only to a Mandatory Declassification Review.

 

Appeal Rights:

If NRO has reviewed the information within the past 2 years, or the information is the subject of a pending litigation, NRO shall inform the requester of this fact and of the requester’s appeal rights.

Requesters who are denied declassification and release of information pursuant to an MDR request can file an administrative appeal with the NRO’s Appeals authority.  A negative decision by the appellate authority may be appealed by the Interagency Security Classification Appeals Panel (ISCAP), the highest appellate body for MDR decisions.