32 CFR § 1804.16 - Action by appeal authority.

---
identifier: "/us/cfr/t32/s1804.16"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "32 CFR § 1804.16 - Action by appeal authority."
title_number: 32
title_name: "National Defense"
section_number: "1804.16"
section_name: "Action by appeal authority."
chapter_name: "NATIONAL COUNTERINTELLIGENCE CENTER"
part_number: "1804"
part_name: "ACCESS BY HISTORICAL RESEARCHERS AND FORMER PRESIDENTIAL APPOINTEES PURSUANT TO SECTION 4.5 OF EXECUTIVE ORDER 12958"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Section 4.5 of Executive Order 12958 (or successor Orders) and Presidential Decision Directive/NSC 24 “U.S. Counterintelligence Effectiveness,” dated May 3, 1994."
regulatory_source: "64 FR 49892, Sept. 14, 1999, unless otherwise noted."
cfr_part: "1804"
---


# 1804.16 Action by appeal authority.

The record compiled (the request, the memoranda filed by the originator and interested parties, and the previous decision(s)) as well as any memorandum of law or policy the referent desires to be considered, shall be certified by the Coordinator and shall constitute the official record of the proceedings and must be included in any subsequent filings. In such cases, the factors to be determined as specified in § 1804.14(a) will be considered by the Director, NACIC de novo and that decision shall be final.