Federal Register / Vol. 61, No. 135 / Friday, July 12, 1996 / Proposed Rules 36677

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 96–16672 Filed 7–11–96; 8:45 am]

BILLING CODE 4310–02–C
36678 Federal Register / Vol. 61, No. 135 / Friday, July 12, 1996 / Proposed Rules

DEPARTMENT OF JUSTICE

28 CFR Part 17

[A.G. Order No. 2040–96]

Classified National Security

Information and Access to Classified

Information

AGENCY: Department of Justice.

ACTION: Proposed rule.

SUMMARY: This proposed rule

implements Executive Order No. 12958,

entitled ‘‘Classified National Security

Information,’’ and Executive Order No.

12968, entitled ‘‘Access to Classified

Information,’’ by completely revising

and updating the Department of

Justice’s classified national security

information and access regulations.

DATES: Written comments must be

received on or before September 10,

1996.

ADDRESSES: Comments should be

submitted in triplicate to: D. Jerry

Rubino, Director, Security and

Emergency Planning Staff, Justice

Management Division, Department of

Justice, Washington, DC 20530.

FOR FURTHER INFORMATION CONTACT:

D. Jerry Rubino, Director, Security and

Emergency Planning Staff, Justice

Management Division, Department of

Justice, Washington, DC 20530 (202–

514–2094 (This is not a toll-free

number).

SUPPLEMENTARY INFORMATION: The

President issued Executive Orders No.

12958 and 12968 to update and revise

the standards and process for

classification and declassification of,

and access to, national security

information. This proposed rule

implements these Presidential directives

and completely revises part 17 in

accordance with the Administration’s

priorities for regulatory reform and

reinvention of government. The revised

rule substantially shortens and

simplifies the material contained in part

17, focusing on those matters that affect

the general public and that should be

published as a formal rule. The revised

rule delegates to the Assistant Attorney

General for Administration

responsibility for developing the vast

majority of information and internal

operating instructions on classified

information and access. This rule has

been reviewed by the Information

Security Oversight Office of the

National Archives and Records

Administration, pursuant to Executive

Order No. 12958.

Executive Order 12866

This regulation has been drafted and

reviewed in accordance with Executive

Order No. 12866, section 1(b),

Principles of Regulation. The

Department of Justice has determined

that this rule is not a ‘‘significant

regulatory action’’ under Executive

Order No. 12866, section 3(f),

Regulatory Planning and Review.

Accordingly, this rule has not been

reviewed by the Office of Management

and Budget pursuant to Executive Order

No. 12866.

Regulatory Flexibility Act

The Attorney General in accordance

with the Regulatory Flexibility Act (5

U.S.C. 605(b)), has reviewed this

regulation and by approving it certifies

that this regulation will not have a

significant economic impact on a

substantial number of small entities.

List of Subjects in 28 CFR Part 17

Classified information, Foreign

relations.

Part 17 of title 28 of the Code of

Federal Regulations is proposed to be

revised to read as follows:
Federal Register / Vol. 61, No. 135 / Friday, July 12, 1996 / Proposed Rules 36679

PART 17—CLASSIFIED NATIONAL

SECURITY INFORMATION AND

ACCESS TO CLASSIFIED

INFORMATION

Sec.

17.1 Purpose.

17.2 Scope.

17.3 Definitions.

Subpart A—Administration

17.11 Authority of the Assistant Attorney

General for Administration.

17.12 Component head responsibilities.

17.13 Office of Intelligence Policy and

Review responsibilities; interpretation of

Executive orders.

17.14 Department Review Committee.

17.15 Access Review Committee.

17.16 Violations of classified information

requirements.

17.17 Judicial proceedings.

17.18 Prepublication review.

Subpart B—Classified Information

17.21 Classification and declassification

authority.

17.22 Classification of information;

limitations.

17.23 Emergency classification requests.

17.24 Duration of classification.

17.25 Identification and markings.

17.26 Derivative classification.

17.27 Declassification and downgrading.

17.28 Automatic declassification.

17.29 Documents of permanent historical

value.

17.30 Classification challenges.

17.31 Mandatory review for declassification

requests.

17.32 Notification of classification changes.

Subpart C—Access to Classified

Information

17.41 Access to classified information.

17.42 Positions requiring financial

disclosure.

17.43 Reinvestigation requirements.

17.44 Access eligibility.

17.45 Need-to-know.

17.46 Access by persons outside the

Executive Branch.

17.47 Denial or revocation of eligibility for

access to classified information.

Authority: 28 U.S.C. 501, 509, 510, 515–

519; 5 U.S.C. 301; E.O. 12958, 60 FR 7977,

3 CFR, 1995 Comp., p. 333 19825; E.O.

12968, 60 FR 40245, 3 CFR, 1995 Comp., p.

391; 32 CFR part 2001.

§ 17.1 Purpose.

The purpose of this part is to ensure

that information within the Department

of Justice (the ‘‘Department’’) relating to

the national security is classified,

protected, and declassified pursuant to

the provisions of Executive Orders

12958 (3 CFR, 1995 Comp., p. 333) and

12968 (3 CFR, 1995 Comp., p. 391) and

implementing directives from the

Information Security Oversight Office of

the National Archives and Records

Administration (‘‘ISOO’’). Executive

Orders 12958 and 12968 made

numerous substantive changes in the

system of classification, declassification,

and downgrading of classified National

Security Information and the criteria for

access to this information. Accordingly,

this part is a revision of the

Department’s classified information

security rules.

(a) Subpart A of this part prescribes

the implementation of Executive Orders

12958 and 12968 within the Department

through the Assistant Attorney General

for Administration, as the senior

responsible agency official. Subpart A of

this part also provides for certain

relationships within the Department

between the Assistant Attorney General

for Administration, other component

heads, and the Office of Intelligence

Policy and Review.

(b) Subpart B of this part prescribes an

orderly and progressive system for

ensuring that every necessary safeguard

and procedure is in place to assure that

information is properly classified and

that classified information is protected

from unauthorized disclosure. Subpart

B of this part requires original

classification authorities to make

classification decisions based on

specific criteria; provides that most

newly created classified information be

considered for declassification after 10

years; provides that historically valuable

information that is more than 25 years

old (including information classified

under prior Executive orders) be

automatically declassified, with
36680 Federal Register / Vol. 61, No. 135 / Friday, July 12, 1996 / Proposed Rules

appropriate exceptions; and establishes

procedures for authorized holders of

classified information to challenge the

classification of information.

(c) Subpart C of this part establishes

substantive standards and procedures

for granting, denying, and revoking, and

for appealing decisions to deny access

to classified information with an

emphasis on ensuring the consistent,

cost-effective, and efficient protection of

classified information. Subpart C of this

part provides a process that is fair and

equitable to those with whom classified

information is entrusted and, at the

same time, assures the security of the

classified information.

§ 17.2 Scope.

(a) All employees, contractors,

grantees, and other’s granted access to

classified information by the

Department are governed by this part,

and by the standards in Executive Order

12958, Executive Order 12968, and

directives promulgated under those

Executive Orders. If any portion of this

part conflicts with any portion of

Executive Order 12958, Executive Order

12968, or any successor Executive order,

the Executive order shall apply. This

part supersedes the former rule and any

Department internal operating policy or

directive that conflicts with any portion

of this part.

(b) This part applies to non-contractor

personnel outside of the Executive

Branch and to contractor personnel or

employees who are entrusted with

classified national security information

originated within or in the custody of

the Department. This part does not

affect the operation of the Department’s

participation in the National Industrial

Security Program under Executive Order

12829 (3 CFR, 1993 Comp., p. 570).

(c) This part is independent of and

does not affect any classification

procedures or requirements of the

Atomic Energy Act of 1954, as amended

(42 U.S.C. 2011 et seq).

(d) This part does not, and is not

intended to, create any right to judicial

review, or any other right or benefit or

trust responsibility, substantive or

procedural, enforceable by a party

against the United States, its agencies or

instrumentalities, its officers or

employees, or any other person. This

part creates limited rights to

administrative review of decisions

pursuant to §§ 17.30, 17.31, and 17.47.

This part does not, and is not intended

to, create any right to judicial review of

administrative action under §§ 17.14,

17.15, 17.18, 17.27, 17.30, 17.31 and

17.50.

§ 17.3 Definitions.

The terms defined or used in

Executive Order 12958 and Executive

Order 12968, and the implementing

directives in 32 CFR part 2001, are

applicable to this part.

Subpart A—Administration

§ 17.11 Authority of the Assistant Attorney

General for Administration.

(a) The Assistant Attorney General for

Administration is designated as the

senior agency official as required by

§ 5.6(c) of Executive Order 12958, and

§ 6.1(a) of Executive Order 12968 and,

except as specifically provided

elsewhere in this part, is authorized to

administer the Department’s national

security information program pursuant

to Executive Order 12958. The Assistant

Attorney General for Administration

shall appoint a Department Security

Officer and may delegate to the

Department Security Officer those

functions under Executive Orders 12958

and 12968 that may be delegated by the

senior agency official. The Department

Security Officer may redelegate such

functions when necessary to effectively

implement this part.

(b) The Assistant Attorney General for

Administration shall, among other

actions:

(1) Oversee and administer the

Department’s program established under

Executive Order No. 12958;

(2) Establish and maintain

Department-wide security education

and training programs;

(3) Establish and maintain an ongoing

self-inspection program including the

periodic review and assessment of the

Department’s classified product;

(4) Establish procedures to prevent

unnecessary access to classified

information, including procedures that:

(i) Require that a need for access to

classified information is established

before initiating administrative

procedures to grant access; and

(ii) Ensure that the number of persons

granted access to classified information

is limited to the minimum necessary for

operational and security requirements

and needs;

(5) Develop special contingency plans

for the safeguarding of classified

information used in or near hostile or

potentially hostile areas;

(6) Assure that the performance

contract or other system used to rate

personnel performance includes the

management of classified information as

a critical element or item to be

evaluated in the rating of:

(i) Original classification authorities;

(ii) Security managers or security

specialists; and

(iii) All other personnel whose duties

significantly involve the creation or

handling of classified information;

(7) Account for the costs associated

with implementing this part and report

the cost to the Director of the ISOO;

(8) Assign in a prompt manner

personnel to respond to any request,

appeal, challenge, complaint, or

suggestion concerning Executive Order

12958 that pertains to classified

information that originated in a

component of the Department that no

longer exists and for which there is no

clear successor in function;

(9) Cooperate, under the guidance of

the Security Policy Board, with other

agencies to achieve practical, consistent,

and effective adjudicative training and

guidelines;

(10) Conduct periodic evaluations of

the Department’s implementation and

administration of Executive Orders

12958 and 12968;

(11) Establish a plan for compliance

with the automatic declassification

provisions of Executive Order 12958

and oversee the implementation of that

plan; and

(12) Maintain a list of specific files

series of records exempted from

automatic declassification by the

Attorney General pursuant to section

3.4(c) of Executive Order 12958.

(c) The Department Security Officer

may grant, deny, suspend, or revoke

employee access to classified

information pursuant to and in

accordance with Executive Order 12968.

The Department Security Officer may

delegate the authority under this

paragraph to qualified Security

Programs Managers when the

operational need justifies the delegation

and when the Department Security

Officer is assured that such officials will

apply all access criteria in a uniform

and correct manner in accord with the

provisions of Executive Order 12968

and subpart C of this part. The fact that

a delegation has been made pursuant to

this section does not waive the

Department Security Officer’s authority

to make any determinations that have

been delegated.

(d) The Department Security Officer

shall maintain a current list of all

officials authorized pursuant to this part

to originally classify or declassify

documents.

(e) The Department Security Officer

shall promulgate criteria and security

requirements for the marking and

safeguarding of information,

transportation and transfer of

information, preparation of

classification guides, reporting of

communications related to national

security by persons granted access to
Federal Register / Vol. 61, No. 135 / Friday, July 12, 1996 / Proposed Rules 36681

classified information, reporting of

information that raises doubts as to

whether another employee’s continued

eligibility for access to classified

information is clearly consistent with

the national security, and other matters

necessary to the administration of the

Executive orders, the implementing

regulations of the ISOO, and this part.

§ 17.12 Component head responsibilities.

The head of each component shall

appoint and oversee a Security

Programs Manager to implement this

part. The Security Programs Managers

shall:

(a) Observe, enforce, and implement

security regulations or procedures

pertaining to the classification,

declassification, safeguarding, handling,

and storage of classified national

security information;

(b) Report violations of the provisions

of this regulation to the Department

Security Officer;

(c) Ensure that all employees acquire

adequate security education and

training as required by the provisions of

the Department security regulations and

procedures for classified information;

(d) Continuously review the

requirements for personnel access to

classified information as a part of the

continuous need-to-know evaluation,

and initiate action to administratively

withdraw or reduce the level of access

authorized as appropriate; and

(e) Cooperate fully with any request

from the Department Security Officer for

assistance in the implementation of this

part.

§ 17.13 Office of Intelligence Policy and

Review responsibilities; interpretation of

Executive orders.

(a) The Counsel for Intelligence Policy

shall represent the Attorney General at

interagency meetings on matters of

general interest concerning national

security information.

(b) The Counsel for Intelligence Policy

shall provide advice and interpretation

on any issues that arise under Executive

Orders 12958 and 12968 and shall refer

such questions to the Office of Legal

Counsel as appropriate.

(c) Any request for interpretation of

Executive Order 12958 or Executive

Order 12968, pursuant to section 6.1(b)

of Executive Order 12958, and section

7.2(b) of Executive Order 12968, shall be

referred to the Counsel for Intelligence

Policy, who shall refer such questions to

the Office of Legal Counsel as

appropriate.

§ 17.14 Department Review Committee.

(a) The Department Review

Committee (DRC) is established to:

(1) Resolve all issues, except those

related to the compromise of classified

information, that concern the

implementation and administration of

Executive Order 12958, implementing

directives from the ISOO, and subpart B

of this part, including those issues

concerning over classification, failure to

declassify, classification challenges, and

delays in declassification not otherwise

resolved;

(2) Review all appeals from denials of

requests for records made under section

3.6 of Executive Order 12958 and the

Freedom of Information Act (5 U.S.C.

552), when the proposed denial is based

on their continued classification under

Executive Order 12958;

(3) Recommend to the Attorney

General appropriate administrative

sanctions to correct the abuse or

violation of any provision of Executive

Order 12958, the implementing

directives or subpart B of this part,

except as it relates to the compromise of

classified national security information;

and

(4) Review, on appeal, challenges to

classification actions and mandatory

review requests.

(b) (1) The DRC shall consist of a

senior representative designated by the:

(i) Deputy Attorney General;

(ii) Assistant Attorney General, Office

of Legal Counsel;

(iii) Assistant Attorney General,

Criminal Division;

(iv) Assistant Attorney General, Civil

Division;

(v) Assistant Attorney General for

Administration;

(vi) Director, Federal Bureau of

Investigation; and

(vii) Counsel for Intelligence Policy.

(2) Each such official shall also

designate in writing an alternate to serve

in the absence of his or her

representative. Four representatives

shall constitute a quorum of the DRC.

The Attorney General shall designate

the Chairman of the DRC from among its

members.

(c) The Office of Information and

Privacy (OIP) shall provide the

necessary administrative staff support

for the DRC.

§ 17.15 Access Review Committee.

(a) The Access Review Committee

(ARC) is hereby established to review all

appeals from denials or revocations of

eligibility for access to classified

information under Executive Order

12968. Unless the Attorney General

requests recommendations from the

ARC and personally exercises appeal

authority, the ARC’s decisions shall be

final.

(b) The ARC shall consist of the

Deputy Attorney General or a designee,

the Counsel for Intelligence Policy or a

designee, and the Assistant Attorney

General for Administration or a

designee. Designations must be

approved by the Attorney General.

(c) The Department Security Officer

shall provide the necessary

administrative staff support for the ARC.

§ 17.16 Violations of classified information

requirements.

(a) Any person who suspects or has

knowledge of a violation of this part,

including the known or suspected loss

or compromise of national security

information, shall promptly report and

confirm in writing the circumstances to

the Department Security Officer.

Any person who makes such a report

to the Department Security Officer shall

promptly furnish a copy of such report:

(1) If the suspected violation involves

a Department attorney (including an

Assistant United States Attorney or

Special Assistant United States

Attorney) while engaged in litigation,

grand jury proceedings, or giving legal

advice, or a law enforcement officer

assisting an attorney engaged in such

activity, to the Office of Professional

Responsibility;

(2) If the suspected violation involves

an employee of the Federal Bureau of

Investigation or the Drug Enforcement

Administration, other than a law

enforcement officer in paragraph (a)(1)

of this section, to the Office of

Professional Responsibility in that

component; or

(3) In any other circumstance, to the

Office of the Inspector General.

(b) Department employees,

contractors, grantees, or consultants

may be reprimanded; suspended

without pay, terminated from

classification authority; suspended from

or denied access to classified

information; or subject to other

sanctions in accordance with applicable

law and Department regulation if they:

(1) Knowingly, willfully, or

negligently disclose to unauthorized

persons information classified under

Executive Order 12958 or predecessor

orders;

(2) Knowingly, willfully, or

negligently classify or continue the

classification of information in violation

of Executive Order 12958 or its

implementing directives; or

(3) Knowingly, willfully, or

negligently violate any other provision

of Executive Order 12958, or knowingly

and willfully grant eligibility for, or

allow access to, classified information

in violation of Executive Order 12968,

or its implementing directives, this part,

or security requirements promulgated

by the Department Security Officer.
36682 Federal Register / Vol. 61, No. 135 / Friday, July 12, 1996 / Proposed Rules

§ 17.17 Judicial proceedings.

(a) (1) Any Department official or

organization receiving an order or

subpoena from a federal or state court to

produce classified information, required

to submit classified information for

official Department litigative purposes,

or receiving classified information from

another organization for production of

such in litigation, shall immediately

determine from the agency originating

the classified information whether the

information can be declassified. If

declassification is not possible, the

Department official or organization and

the assigned Department attorney in the

case shall take all appropriate action to

protect such information pursuant to the

provisions of this section.

(2) If a determination is made to

produce classified information in a

judicial proceeding in any manner, the

assigned Department attorney shall take

all steps necessary to ensure the

cooperation of the court and, where

appropriate, opposing counsel in

safeguarding and retrieving the

information pursuant to the provisions

of this part.

(b) The Classified Information

Procedures Act (CIPA), Pub. L. 96–456,

94 Stat. 2025, 18 U.S.C. App., and the

‘‘Security Procedures Established

Pursuant to Pub. L. 96–456, 94 Stat.

2025, by the Chief Justice of the United

States for the Protection of Classified

Information’’ may be used in Federal

criminal cases involving classified

information. (Available from the

Security and Emergency Planning Staff,

Justice Management Division,

Department of Justice, Washington, DC

20530.)

(c) In judicial proceedings other than

Federal criminal cases where CIPA is

used, the Department, through its

attorneys, shall seek appropriate

security safeguards to protect classified

information from unauthorized

disclosure, including, but not limited to,

consideration of the following:

(1) A determination by the court of

the relevance and materiality of the

classified information in question;

(2) An order that classified

information shall not be disclosed or

introduced into evidence at a

proceeding without the prior approval

of either the originating agency, the

Attorney General, or the President;

(3) A limitation on attendance at any

proceeding where classified information

is to be disclosed to those persons with

appropriate authorization to access

classified information whose duties

require knowledge or possession of the

classified information to be disclosed;

(4) A court facility that provides

appropriate safeguarding for the

classified information as determined by

the Department Security Officer;

(5) Dissemination and accountability

controls for all classified information

offered for identification or introduced

into evidence at such proceedings;

(6) Appropriate marking to indicate

classified portions of any and the

maintenance of any classified transcript

under seal;

(7) Handling and storage of all

classified information including

classified portions of any transcript in a

manner consistent with the provisions

of this part and Department

implementing directives;

(8) Return at the conclusion of the

proceeding of all classified information

to the Department or the originating

agency, or placing the classified

information under court seal;

(9) Retrieval by Department

employees of appropriate notes, drafts,

or any other documents generated

during the course of the proceedings

that contain classified information and

immediate transfer to the Department

for safeguarding and destruction as

appropriate; and

(10) Full and complete advice to all

persons to whom classified information

is disclosed during such proceedings as

to the classification level of such

information, all pertinent safeguarding

and storage requirements, and their

liability in the event of unauthorized

disclosure.

(d) Access to classified information by

individuals involved in judicial

proceedings other than employees of the

Department is governed by § 17.46(c).

§ 17.18 Prepublication review.

(a) All individuals with authorized

access to Sensitive Compartmented

Information shall be required to sign

nondisclosure agreements containing a

provision for prepublication review to

assure deletion of Sensitive

Compartmented Information and other

classified information. Sensitive

Compartmented Information is

information that not only is classified

for national security reasons as Top

Secret, Secret, or Confidential, but also

is subject to special access and handling

requirements because it involves or

derives from particularly sensitive

intelligence sources and methods. The

prepublication review provision will

require Department of Justice employees

and other individuals who are

authorized to have access to Sensitive

Compartmented Information to submit

certain material, described further in the

agreement, to the Department prior to its

publication to provide an opportunity

for determining whether an

unauthorized disclosure of Sensitive

Compartmented Information or other

classified information would occur as a

consequence of its publication.

(b) Persons subject to these

requirements are invited to discuss their

plans for public disclosures of

information that may be subject to these

obligations with authorized Department

representatives to an early stage, or as

soon as circumstances indicate these

policies must be considered. Except as

provided in paragraph (j) of this section

for Federal Bureau of Investigation (FBI)

personnel, all questions concerning

these obligations should be addressed to

the Counsel for Intelligence Policy,

Department of Justice, 10th &

Constitution Avenue, NW., Washington,

DC 20530. The official views of the

Department on whether specific

materials require prepublication review

may be expressed only by the Counsel

for Intelligence Policy and persons

should not act in reliance upon the

views of other Department personnel.

(c) Prepublication review is required

only as expressly provided for in a

nondisclosure agreement. However, all

persons who have had access to

classified information have an

obligation to avoid unauthorized

disclosures of such information.

Therefore, persons who have such

access but are not otherwise required to

submit to prepublication review under

the terms of an employment or other

nondisclosure agreement are

encouraged to submit material for

prepublication review voluntarily if

they believe that such material may

contain classified information.

(d) The nature and extent of the

material that is required to be submitted

for prepublication review under

nondisclosure agreements is expressly

provided for in those agreements. It

should be clear, however, that such

requirements do not extend to any

materials that exclusively contain

information lawfully obtained at a time

when the author has no employment,

contract, or other relationship with the

United States Government or that

contain information exclusively

acquired outside the scope of

employment.

(e) A person’s obligation to submit

material for prepublication review

remains identical whether such person

prepares the material or causes or assists

another person (such as a ghost writer,

spouse, friend, or editor) in preparing

the material. Material covered by a

nondisclosure agreement requiring

prepublication review must be

submitted prior to discussing it with or

showing it to a publisher, co-author, or

any other person who is not authorized

to have access to it. In this regard, it
Federal Register / Vol. 61, No. 135 / Friday, July 12, 1996 / Proposed Rules 36683

should be noted that a failure to submit

such material for prepublication review

constitutes a breach of the obligation

and exposes the author to remedial

action even in cases where the

published material does not actually

contain Sensitive Compartmented

Information or classified information.

See Snepp v. United States, 444 U.S.

507 (1980).

(f) The requirement to submit material

for prepublication review is not limited

to any particular type of material or

disclosure or method of production.

Written materials include not only book

manuscripts but all other forms of

written materials intended for public

disclosure, such as (but not limited to)

newspaper columns, magazine articles,

letters to the editor, book reviews,

pamphlets, scholarly papers, and

fictional material.

(g) Oral statements are also within the

scope of a prepublication review

requirement when based upon written

materials, such as an outline of the

statements to be made. There is no

requirement to prepare written materials

for review, however, unless there is

reason to believe in advance that oral

statements may contain Sensitive

Compartmented Information or other

information required to be submitted for

review under the terms of the

nondisclosure agreement. Thus, a

person may participate in an oral

presentation where there is no

opportunity for prior preparation (e.g.,

news interview, panel discussion)

without violating the provisions of this

paragraph.

(h) Material submitted for

prepublication review will be reviewed

solely for the purpose of identifying and

preventing the disclosure of Sensitive

Compartmented Information and other

classified information. This review will

be conducted in an impartial manner

without regard to whether the material

is critical of or favorable to the

Department. No effort will be made to

delete embarrassing or critical

statements that are unclassified.

Materials submitted for review will be

disseminated to other persons or

agencies only to the extent necessary to

identify classified information.

(i) The Counsel for Intelligence Policy

(or, in the case of FBI employees, the

FBI’s Office of Congressional and Public

Affairs) will respond substantively to

prepublication review requests within

30 working days of receipt of the

submission. Priority shall be given to

reviewing speeches, newspaper articles,

and other materials that the author seeks

to publish on an expedited basis. The

Counsel’s decisions may be appealed to

the Deputy Attorney General, who will

process appeals within 15 working days

of receipt of the appeal. The Deputy

Attorney General’s decision is final and

not subject to further administrative

appeal. Persons who are dissatisfied

with the final administrative decision

may obtain judicial review either by

filing an action for declaratory relief or

by giving the Department notice of their

intention to proceed despite the

Department’s requests for deletions of

classified information, and a reasonable

opportunity (30 working days) to file a

civil action seeking a court order

prohibiting disclosure. Employees and

other affected individuals remain

obligated not to disclose or publish

information determined by the

Government to be classified until any

civil action is resolved.

(j) The obligations of Department of

Justice employees described in this

subpart apply with equal force to

employees of the FBI with the following

exceptions and provisos:

(1) Nothing in this subpart shall

supersede or alter obligations assumed

under the basic FBI employment

agreement.

(2) FBI employees required to sign

nondisclosure agreements containing a

provision for prepublication review

pursuant to this subpart shall submit

materials for review to the Assistant

Director, Office of Congressional and

Public Affairs. Such individuals shall

also submit questions as to whether

specific materials require prepublication

review under such agreements to that

Office for resolution. Where such

questions raise policy questions or

concern significant issues of

interpretation under such an agreement,

the Assistant Director, Office of

Congressional and Public Affairs, shall

consult with the Counsel for

Intelligence Policy prior to responding

to the inquiry.

(3) Decisions of the Assistant Director,

Office of Congressional and Public

Affairs, concerning the deletion of

classified information, may be appealed

to the Director, FBI, who will process

appeals within 15 working days of

receipt. Persons who are dissatisfied

with the Director’s decision may, at

their option, appeal further to the

Deputy Attorney General as provided in

paragraph (i) of this section. Judicial

review, as set forth in that paragraph, is

available following final agency action

in the form of a decision by the Director

or, if the appeal process in paragraph (i)

of this section is pursued, the Deputy

Attorney General.

Subpart B—Classified Information

§ 17.21 Classification and declassification

authority.

(a) Top Secret original classification

authority may only be exercised by the

Attorney General, the Assistant

Attorney General for Administration,

and officials to whom such authority is

delegated in writing by the Attorney

General. No official who is delegated

Top Secret classification authority

pursuant to this paragraph may

redelegate such authority.

(b) The Assistant Attorney General for

Administration may delegate original

Secret and Confidential classification

authority to subordinate officials

determined to have frequent need to

exercise such authority. No official who

is delegated original classification

authority pursuant to this paragraph

may redelegate such authority.

(c) Officials authorized to classify

information at a specified level are also

authorized to classify information at a

lower level. In the absence of an official

authorized to exercise classification

authority pursuant to this section, the

person designated to act in lieu of such

official may exercise the official’s

classification authority.

§ 17.22 Classification of information;

limitations.

(a) Information may be originally

classified only if all of the following

standards are met:

(1) The information is owned by,

produced by or for, or is under control

of the United States Government;

(2) The information falls within one

or more of the categories of information

specified in section 1.5 of Executive

Order 12958; and

(3) The classifying official determines

that the unauthorized disclosure of the

information reasonably could be

expected to result in damage to the

national security and such official is

able to identify or describe the damage.

(b) Information may be classified as

Top Secret, Secret, or Confidential

according to the standards established

in section 1.3 of Executive Order 12958.

No other terms shall be used to identify

United States classified national

security information except as otherwise

provided by statute.

(c) Information shall not be classified

if there is significant doubt about the

need to classify the information. If there

is significant doubt about the

appropriate level of classification with

respect to information that is being

classified, it shall be classified at the

lower classification of the levels

considered.

(d) Information shall not be classified

in order to conceal inefficiency,
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violations of law, or administrative

error; to prevent embarrassment to a

person, organization, or agency; to

restrain competition; or to prevent or

delay release of information that does

not require protection in the interest of

national security. Information that has

been declassified and released to the

public under proper authority may not

be reclassified.

(e) Information that has not

previously been disclosed to the public

under proper authority may be

classified or reclassified after the

Department has received a request for it

under the Freedom of Information Act

(5 U.S.C. 552), the Privacy Act of 1974

(5 U.S.C. 552a), or the mandatory review

provisions of § 17.31. When it is

necessary to classify or reclassify such

information, it shall be forwarded to the

Department Security Officer and

classified or reclassified only at the

direction of the Attorney General, the

Deputy Attorney General or the

Assistant Attorney General for

Administration.

(f) Compilations of items of

information that are individually

unclassified may be classified if the

compiled information reveals an

additional association or relationship

that meets the standards for

classification under Executive Order

12958 and that is not otherwise revealed

in the individual items of information.

§ 17.23 Emergency classification requests.

(a) Whenever any employee,

contractor, licensee, certificate holder,

or grantee of the Department who does

not have original classification authority

originates or develops information that

requires immediate classification and

safeguarding, and no authorized

classifier is available, that person shall:

(1) Safeguard the information in a

manner appropriate for its classification

level;

(2) Apply the appropriate overall

classification markings; and

(3) Within five working days, securely

transmit the information to the

organization that has appropriate

subject matter interest and classification

authority.

(b) When it is not clear which

Department organization would be the

appropriate orignal classifier, the

information shall be sent to the

Department Security Officer to

determine the appropriate organization.

(c) The organization with

classification authority shall decide

within 30 days whether to classify

information.

§ 17.24 Duration of classification.

(a) At the time of original

classification, original classification

authorities shall attempt to establish a

specific date or event for

declassification not more than 10 years

from the date of the original decision

based on the duration of the national

security sensitivity of the information. If

the original classification authority

cannot determine an earlier specific

date or event for declassification, the

information shall be marked for

declassification 10 years from the date

of the original decision.

(b) At the time original classification,

an original classification authority may

exempt specific information from

declassification within 10 years in

accordance with section 1.6(d) of

Executive Order 12958.

(c) An original classification authority

may extend the duration of

classification or reclassify specific

information for successive periods not

to exceed 10 years at a time if such

action is consistent with the standards

and procedures established under, and

subject to the limitations of, Executive

Order 12958.

§ 17.25 Identification and markings.

(a) Classified information must be

marked pursuant to the standards set

forth in section 1.7 of Executive Order

12958; IS00 implementing directives in

32 CFR part 2001, subpart B; and

internal Department of Justice direction

provided by the Department Security

Officer.

(b) Foreign government information

shall be marked or classified at a level

equivalent to that level of classification

assigned by the originating foreign

government.

(c) Information assigned a level of

classification under predecessor

Executive orders shall be considered as

classified at that level of classification.

§ 17.26 Derivative classification.

(a) Persons need not possess original

classification authority to derivatively

classify information based on source

documents or classification guides.

(b) Persons who apply derivative

classification markings shall observe

original classification decisions and

carry forward to any newly created

documents the pertinent classification

markings.

(c) Information classified derivatively

from other classified information shall

be classified and marked in accordance

with the standards set forth in section

2.1–2.3 of Executive Order 12958, the

ISOO implementing directives in 32

CFR 2001.22, and internal Department

directions provided by the Department

Security Officer.

§ 17.27 Declassification and downgrading.

(a) Classified information shall be

declassified as soon as it no longer

meets the standards for classification.

Declassification and downgrading is

governed by sections 3.1–3.3 of

Executive Order 12958, implementing

ISOO directives at 32 CFR part 2001,

subpart E, and applicable internal

Department of Justice direction

provided by the Department Security

Officer.

(b) Information shall be declassified

or downgraded by the official who

authorized the original classification if

that official is still serving in the same

position; the originator’s successor; a

supervisory official of either; or officials

delegated such authority in writing by

the Attorney General or the Assistant

Attorney General for Administration.

(c) It is presumed that information

that continues to meet the classification

requirements under Executive Order

12958 requires continued protection. In

some exceptional cases during

declassification reviews, the need to

protect classified information may be

outweighed by the public interest in

disclosure of the information, and in

these cases the information should be

declassified. If it appears that the public

interest in disclosure of the information

may outweigh the need to protect the

information, the declassification

reviewing official shall refer the case

with a recommendation for decision to

the DRC. The DRC shall review the case

and make a recommendation to the

Attorney General on whether the public

interest in disclosure outweighs the

damage to national security that might

reasonably be expected from disclosure.

The Attorney General shall decide

whether to declassify the information.

The decision of the Attorney General

shall be final. This provision does not

amplify or modify the substantive

criteria or procedures for classification

or create any substantive or procedural

rights subject to judicial review.

(d) Each component shall develop

schedules for declassification of records

in the National Archives. The

Department shall cooperate with the

National Archives and Records

Administration and the Presidential

Libraries to ensure that declassification

is accomplished in a timely manner.

§ 17.28 Automatic declassification.

(a) Subject to paragraph (b) of this

section, all classified information

contained in records that are more than

25 years old that have been determined

to have permanent historical value shall
Federal Register / Vol. 61, No. 135 / Friday, July 12, 1996 / Proposed Rules 36685

be declassified automatically on April

17, 2000. Subsequently, all classified

information in such records shall be

automatically declassified not later than

25 years after the date of its original

classification with the exception of

specific information exempt from

automatic declassification pursuant to

section 3.4(b) and (d) of Executive Order

12958.

(b) At least 220 days before

information is declassified

automatically under this section, the

respective component head shall notify

the Assistant Attorney General for

Administration through the Department

Security Officer of any specific

information they propose to exempt

from automatic declassification. The

notification shall include:

(1) A description of the information;

(2) An explanation of why the

information is exempt from automatic

declassification and must remain

classified for a longer period of time;

and

(3) A specific date or event for

declassification of the information

whenever the information exempted

does not identify a confidential human

source or a human intelligence source.

(c) Proposed exemptions under this

section shall be forwarded to the DRC,

which shall recommend a disposition of

the exemption request to the Assistant

Attorney General for Administration.

When the Assistant Attorney General for

Administration determines the

exemption request is consistent with

this section, he or she will submit it to

the Executive Secretary of the

Interagency Security Classification

Appeals Panel.

(d) Declassification guides that

narrowly and precisely define exempted

information may be used to exempt

information from automatic

declassification. Declassification guides

must include the exemption notification

information detailed in paragraph (b) of

this section, and be approved pursuant

to paragraph (c) of this section.

§ 17.29 Documents of permanent historical

value.

The original classification authority,

to the greatest extent possible, shall

declassify classified information

contained in record determined to have

permanent historical value under title

44 of the United States Code before they

are accessioned into the National

Archives. The Department shall

cooperate with the National Archives

and Records Administration in carrying

out an automatic declassification

program involving accessioned

Department records, presidential

papers, and historical materials under

the control of the Archivist of the

United States.

§ 17.30 Classification challenges.

(a) Authorized holders of information

classified by the Department who, in

good faith, believe that specific

information is improperly classified or

unclassified are encouraged and

expected to challenge the classification

status of that information pursuant to

section 1.9 of Executive Order 12958.

Authorized holders may submit

classification challenges in writing to

the DRC, through the Office of

Information and Privacy, United States

Department of Justice, Washington, DC

20530. The challenge need not be more

specific than a question as to why the

information is or is not classified, or is

classified at a certain level.

(b) The DRC shall redact the identity

of an individual challenging a

classification under paragraph (a) of this

section and forward the classification

challenge to the original classification

authority for review and response.

(c) The original classification

authority shall promptly, and in no case

later than 30 days, provide a written

response to the DRC. The original

classification authority may classify or

declassify the information subject to

challenge or state specific reasons why

the original classification determination

was proper. If the original classification

authority is not able to respond within

30 days, the DRC shall inform the

individual who filed the challenge in

writing of that fact, and the anticipated

determination date.

(d) The DRC shall inform the

individual challenging the classification

of the determination made by the

original classification authority and that

individual may appeal this

determination to the DRC. Upon appeal,

the DRC may declassify, or direct the

classification of, the information. If the

DRC is not able to act on any appeal

within 45 days of receipt, the DRC shall

inform the individual who filed the

challenge in writing of that fact, and the

anticipated determination date.

(e) The DRC shall provide the

individual who appeals a classification

challenge determination with a written

explanation of the basis for the DRC

decision and a statement of his or her

right to appeal that determination to the

Interagency Security Classification

Appeals Panel (ISCAP) pursuant to

section 5.4 of Executive Order 12958

and the rules issued by the ISCAP

pursuant to section 5.4 of Executive

Order 12958.

(f) Any individual who challenges a

classification and believes that any

action has been taken against him or her

in retribution because of that challenge

shall report the facts to the Office of the

Inspector General of the Office of

Professional Responsibility, as

appropriate.

(g) Requests for review of classified

materials for declassification by persons

other than authorized holders are

governed by § 17.31.

§ 17.31 Mandatory review for

declassification requests.

(a) Any person may request classified

information be reviewed for

declassification pursuant to the

mandatory declassification review

provisions of § 3.6 of Executive Order

12958. After such a review, the

information or any reasonably

segregable portion thereof that no longer

requires protection under this part shall

be declassified and released to the

requester unless withholding is

otherwise warranted under applicable

law. If the information, although

declassified, is withheld, the requester

shall be given a brief statement as to the

reasons for denial and a notice of the

right to appeal the determination to the

Director, Office of Information and

Privacy, United States Department of

Justice, Washington, DC 20530. If the

mandatory review for declassification

request relates to the classification of

information that has been reviewed for

declassification within the past two

years or that is the subject of pending

litigation, the requester shall be

informed of that fact and the

administrative appeal rights.

(b) Request for mandatory review for

declassification and any subsequent

appeal to the DRC shall be submitted to

the Director, Office of Information and

Privacy, United States Department of

Justice, Washington, DC 20530,

describing the document or material

containing the information with

sufficient specificity to enable the

Department to locate that information

with a reasonable amount of effort. The

OIP shall promptly forward the request

to the component that originally

classified the information, or to the DRC

in the case of an appeal, and provide the

requester with an acknowledgment of

receipt of the request.

(c) When the description of the

information in a request is deficient, the

component shall solicit as much

additional identifying information as

possible from the requester. Before

denying a request on the basis that the

information or material is not obtainable

with a reasonable amount of effort, the

component shall ask the requestor to

limit the request to information or

material that is reasonably obtainable. If

the information or material requested
36686 Federal Register / Vol. 61, No. 135 / Friday, July 12, 1996 / Proposed Rules

cannot be described in sufficient

particularity, or if it cannot be obtained

with a reasonable amount of effort, the

component shall provide the requestor

with written notification of the reasons

why no action will be taken and the

right to appeal the decision to the DRC.

(d) The component that originally

classified the information shall provide

a written response to request for

mandatory review within 60 days

whenever possible, or shall inform the

requester in writing why additional time

is needed. Unless there are unusual

circumstances, the additional time

needed by the component originally

classifying the information shall not

extend beyond 180 days from the

receipt of the request. If no

determination has been made at the end

of the 180 day period, the requester may

apply to the DRC for a determination.

(e) If the component that originally

classified the information determines

that continued classification is

warranted, it shall notify the requester

in writing of the decision and the right

to appeal the decision to the DRC no

later than 60 days after receipt of the

notification of the decision.

(f) The DRC shall determine the

appeals of the components’ mandatory

declassification review decisions within

60 days after receipt of the appeal, or

notify the requester why additional time

is needed. In making its determinations

concerning requests for declassification

of classified information, the DRC, for

administrative purposes, shall impose

the burden of proof on the originating

component to show that continued

classification is warranted. The DRC

shall provide the requester with a

written statement of reasons for its

decision.

(g) If the individual requesting review

of a classification is not satisfied with

the DRC’s decision, he or she may

appeal to the ISCAP pursuant to § 5.4 of

Executive Order 12958 and rules issued

by the ISCAP pursuant to that section.

§ 17.32 Notification of classification

changes.

All known holders of information

affected by unscheduled classification

changes actions shall be notified

promptly of such changes by the

original classifier or the authority

making the change in classification.

Subpart C—Access to Classified

Information

§ 17.41 Access to classified information.

(a) No person may be given access to

classified information or material

originated by, in the custody, or under

the control of the Department, unless

that person—

(1) Has been determined to be eligible

for access in accordance with §§ 3.1–3.3

of Executive Order 12968;

(2) Has a demonstrated need-to-know;

and

(3) Has signed an approved

nondisclosure agreement.

(b) Eligibility for access to classified

information is limited to United States

citizens for whom an appropriate

investigation of their personal and

professional history affirmatively

indicates loyalty to the United States,

strength of character, trustworthiness,

honesty, reliability, discretion, and

sound judgment, as well as freedom

from conflicting allegiances and

potential for coercion, and willingness

and ability to abide by regulations

governing the use, handling, and

protection of classified information. A

determination of eligibility for access to

classified information is a discretionary

security decision based on judgments by

appropriately trained adjudicative

personnel. Eligibility shall be granted

only where facts and circumstances

indicate access to classified information

is clearly consistent with the national

security interests of the United States

and any doubt shall be resolved in favor

of the national security. Sections 2.6

and 3.3 of Executive Order 12968

provide only limited exceptions to these

requirements.

(c) The Department of Justice does not

discriminate on the basis of race, color,

religion, sex, national origin, disability,

or sexual orientation in granting access

to classified information. However, the

Department may investigate and

consider any matter that relates to the

determination of whether access is

clearly consistent with the interests of

national security. No negative

inferences concerning the standards for

access may be raised solely on the basis

of the sexual orientation of the

employee or mental health counseling.

(d) An employee granted access to

classified information may be

investigated at any time to ascertain

whether he or she continues to meet the

requirements for access.

(e) An employee granted access to

classified information shall provide to

the Department written consent

permitting access by an authorized

investigative agency, for such time as

access to classified information is

maintained and for a period of three

years thereafter, to:

(1) Financial records maintained by a

financial institution as defined in 31

U.S.C. 5312(a) or by a holding company

as defined in 12 U.S.C. 3401;

(2) Consumer reports under the Fair

Credit Reporting Act (15 U.S.C. 1681 et

seq.); and

(3) Records maintained by

commercial entities within the United

States pertaining to any travel by the

employee outside the United States.

(f) Information may be requested

pursuant to the employee consent

obtained under paragraph (e) of this

section only where:

(1) There are reasonable grounds to

believe, based on credible information,

that the employee or former employee

is, or may be, disclosing classified

information in an unauthorized manner

to a foreign power or agent of a foreign

power;

(2) Information the Department deems

credible indicates the employee or

former employee has incurred excessive

indebtedness or has acquired a level of

affluence that cannot be explained by

other information; or

(3) Circumstances indicate that the

employee or former employee had the

capability and opportunity to disclose

classified information that is known to

have been lost or compromised to a

foreign power or an agent of a foreign

power.

§ 17.42 Positions requiring financial

disclosure.

(a) The Assistant Attorney General for

Administration, in consultation with the

Counsel for Intelligence Policy, shall

designate each employee, by position or

category where possible, who has a

regular need for access to any of the

categories of classified information

described in § 1.3(a) of Executive Order

12968.

(b) An employee may not hold a

position designated as requiring a

regular need for access to categories of

classified information described in

§ 1.3(a) of Executive Order 12968

unless, as a condition of access to such

information, the employee files with the

Department Security Officer:

(1) A financial disclosure form

developed pursuant to § 1.3(c) of

Executive Order 12968 as part of all

background investigations or

reinvestigations;

(2) The same financial disclosure

form, if selected by the Department

Security Officer on a random basis; and

(3) Relevant information concerning

foreign travel, as determined by the

Department Security Officer.

17.43 Reinvestigation requirements.

Employees who are eligible for access

to classified information shall be subject

to periodic reinvestigations and may

also be reinvestigated if, at any time,

there is reason to believe that they may

no longer meet the standards for access.
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§ 17.44 Access eligibility.

(a) Determinations of eligibility for

access to classified information are

separate from suitability determinations

with respect to the hiring or retention of

persons for employment by the

Department or any other personnel

actions.

(b) The number of employees eligible

for access to classified information shall

be kept to the minimum required for the

conduct of Department functions.

(c) Eligibility for access to classified

information shall be limited to

classification levels for which there is a

need for access. No person shall be

granted eligibility higher than his or her

need.

§ 17.45 Need-to-know.

No person shall be granted access to

specific classified information unless

that person has an actual need-to-know

that classified information, pursuant to

section 2.5 of Executive Order 12968.

§ 17.46 Access by persons outside the

Executive Branch.

(a) Classified information shall not be

disseminated outside the Executive

Branch except under conditions that

ensure that the information will be

given protection equivalent to that

afforded within the Executive Branch.

(b) Classified information originated

by or in the custody of the Department

may be made available to individuals or

agencies outside the Executive Branch

provided that such information is

necessary for performance of a function

from which the Federal Government

will derive a benefit or advantage and

that the release is not prohibited by the

originating department or agency (or

foreign government in the case of

Foreign Government Information).

Before such a release is made, the head

of the Office, Board, Division, or Bureau

making the release shall determine the

propriety of such action, in the interest

of the national security, and must

approve the release. Prior to the release,

the Department Security Officer must

confirm that the recipient is eligible for

access to the classified information

involved and agrees to safeguard the

information in accordance with the

provisions of this part.

(c) Members of Congress, Justices of

the United States Supreme Court, and

Judges of the United States Courts of

Appeal and District Courts do not

require a determination of their

eligibility for access to classified

information by the Department. All

other Legislative and Judicial personnel

including, but not limited to,

Bankruptcy and Magistrate Judges,

congressional committee staffers,

congressional staffers, court reporters,

typists, secretaries, law clerks, and

translators who require access to

classified information must be

determined eligible by the Department

Security Officer pursuant to procedures

approved by the Assistant Attorney

General for Administration.

(d) When other persons outside the

Executive Branch who are not subject to

the National Industrial Security Program

require access to classified information

originated by or in the custody of the

Department, but do not otherwise

possess a proper access authorization,

an appropriate background investigation

must be completed to allow the

Department Security Officer to

determine their eligibility for access to

classified information. The length of

time it generally takes to complete an

expedited background investigation is

90 days. Therefore, all persons requiring

access to classified information to

participate in congressional or judicial

proceedings should be identified and

the background investigation initiated

far enough in advance to ensure a

minimum impact on such proceedings.

(e) Personnel who are subject to a

Department contract or grant or who are

rendering consultant services to the

Department and require access to

classified information originated by or

in the custody of the Department shall

be processed for such access pursuant to

procedures approved by the Assistant

Attorney General for Administration.

(f)(1) The requirement that access to

classified information may be granted

only as is necessary for the performance

of official duties may be waived,

pursuant to section 4.5(a) of Executive

Order 12958, for persons who:

(i) Are engaged in historical research

projects; or

(ii) Have previously occupied

policymaking positions to which they

were appointed by the President.

(2) All persons receiving access

pursuant to this paragraph (f) must have

been determined to be trustworthy by

the Department Security Officer as a

precondition before receiving access.

Such determinations shall be based on

such investigation as the Department

Security Officer deems appropriate.

Historical researchers and former

presidential appointees shall not have

access to Foreign Government

Information without the written

permission from an appropriate

authority of the foreign government

concerned.

(3) Waivers of the ‘‘need-to-know’’

requirement under this paragraph (f)

may be granted by the Department

Security Officer provided that the

Security Programs Manager of the

Office, Board, Division, or Bureau with

classification jurisdiction over the

information being sought:

(i) Makes a written determination that

such access is consistent with the

interest of national security;

(ii) Limits such access to specific

categories of information over which the

Department has classification

jurisdiction;

(iii) Maintains custody of the

classified information at a Department

facility;

(iv) Obtains the recipient’s written

and signed agreement to safeguard the

information in accordance with the

provisions of this regulation and to

authorize a review of any notes and

manuscript for determination that no

classified information is contained

therein; and

(v) In the case of former presidential

appointees, limits their access to items

that such former appointees originated,

reviewed, signed, or received while

serving as a presidential appointee and

ensures that such appointee does not

remove or cause to be removed any

classified information reviewed.

(4) If access requested by historical

researchers and former presidential

appointees requires the rendering of

services for which fair and equitable

fees may be charged pursuant to 31

U.S.C. 9701, the requester shall be so

notified and fees may be imposed.

§ 17.47 Denial or revocation of eligibility

for access to classified information.

(a) Applicants and employees who are

determined to not meet the standards

for access to classified information

established in section 3.1 of Executive

Order 12968 shall be:

(1) Provided with a comprehensive

and detailed written explanation of the

basis for that decision as the national

security interests of the United States

and other applicable law permit and

informed of their right to be represented

by counsel or other representative at

their own expense;

(2) Permitted 30 days from the date of

the written explanation to request any

documents, records, or reports

including the entire investigative file

upon which a denial or revocation is

based; and

(3) Provided copies of documents

requested pursuant to this paragraph (a)

within 30 days of the request to the

extent such documents would be

provided if requested under the

Freedom of Information Act (5 U.S.C.

552) or the Privacy Act of 1974 (5 U.S.C.

552a), and as the national security

interests and other applicable law

permit.
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(b) An applicant or employee may file

a written reply and request for review of

the determination within 30 days after

written notification of the determination

or receipt of the copies of the

documents requested pursuant to this

subpart, whichever is later.

(c) An applicant or employee shall be

provided with a written notice of and

reasons for the results of the review, the

identity of the deciding authority, and

written notice of the right to appeal.

(d) Within 30 days of receipt of a

determination under paragraph (c) of

this section, the applicant or employee

may appeal that determination in

writing to the ARC, established under

§ 17.15. The applicant or employee may

request an opportunity to appear

personally before the ARC and to

present relevant documents, materials,

and information.

(e) An applicant or employee may be

represented in any such appeal by an

attorney or other representative of his or

her choice, at his or her expense.

Nothing in this section shall be

construed as requiring the Department

to grant such attorney or other

representative eligibility for access to

classified information, or to disclose to

such attorney or representative, or

permit the applicant or employee to

disclose to such attorney or

representative, classified information.

(f) A determination of eligibility for

access to classified information by the

ARC is a discretionary security decision.

Decisions of the ARC shall be in writing

and shall be made as expeditiously as

possible. Access shall be granted only

where facts and circumstances indicate

that access to classified information is

clearly consistent with the national

security interest of the United States,

and any doubt shall be resolved in favor

the national security.

(g) The Department Security Officer

shall have an opportunity to present

relevant information in writing or, if the

applicant or employee appears

personally, in person. Any such written

submissions shall be made part of the

applicant or employee’s security record

and, as the national security interests of

the United States and other applicable

law permit, shall also be provided to the

applicant or employee. Any personal

presentations shall be, to the extent

consistent with the national security

and other applicable law, in the

presence of the applicant or employee.

(h) When the Attorney General or

Deputy Attorney General personally

certifies that a procedure set forth in

this section cannot be made available in

a particular case without damaging the

national security interests of the United

States by revealing classified

information, the particular procedure

shall not be made available. This is a

discretionary and final decision not

subject to further review.

(i) This section does not limit the

authority of the Attorney General

pursuant to any other law or Executive

order to deny or terminate access to

classified information if the national

security so requires and the Attorney

General determines that the appeal

procedures set forth in this section

cannot be invoked in a manner that is

consistent with the national security.

Nothing in this section requires that the

Department provide any procedures

under this section to an applicant where

a conditional offer of employment is

withdrawn for reasons of suitability or

any reason other than denial of

eligibility for access to classified

information. Suitability determinations

shall not be used for the purpose of

denying an applicant or employee the

review proceedings of this section

where there has been a denial or

revocation of eligibility for access to

classified information.

Dated: June 28, 1996.

Janet Reno,

Attorney General.

[FR Doc. 96–17310 Filed 7–11–96; 8:45 am]

BILLING CODE 4410–01–M

ARCHITECTURAL AND

TRANSPORTATION BARRIERS

COMPLIANCE BOARD

36 CFR Parts 1190 and 1191

Accessibility Guidelines for Play

Facilities; Notice of Meeting of

Regulatory Negotiation Committee

AGENCY: Architectural and

Transportation Barriers Compliance

Board.

ACTION: Committee meeting.

SUMMARY: The Architectural and

Transportation Barriers Compliance

Board (Access Board) has established a

regulatory negotiation committee to

develop a proposed rule on accessibility

guidelines for newly constructed and

altered play facilities covered by the

Americans with Disabilities Act and the

Architectural Barriers Act. This

document announces the dates and

location of the next meeting of the

committee, which is open to the public.

DATES: The committee will meet as

follows: Sunday, August 4, 1996, 9:00

a.m. to 6:00 p.m. Monday, August 5,

1996, 9:00 a.m. to 5:00 p.m. and 7:00

p.m. to 9:30 p.m. Tuesday, August 6,

1996, 9:00 a.m. to 4:00 p.m.

ADDRESSES: The meeting will be held at

the Maplewood Community Center,

2100 White Bear Avenue, Maplewood,

Minnesota.

FOR FURTHER INFORMATION CONTACT:

Peggy Greenwell, Office of Technical

and Information Services, Architectural

and Transportation Barriers Compliance

Board, 1331 F Street, NW., suite 1000,

Washington, DC. 20004–1111.

Telephone number (202) 272–5434

extension 34 (Voice); (202) 272–5449

(TTY). This document is available in

alternate formats (cassette tape, braille,

large print, or computer disc) upon

request.

SUPPLEMENTARY INFORMATION: In

February 1996, the Access Board

established a regulatory negotiation

committee to develop a proposed rule

on accessibility guidelines for newly

constructed and altered play facilities

covered by the Americans with

Disabilities Act and the Architectural

Barriers Act. (61 FR 5723, February 14,

1996). The committee will hold its next

meeting on the dates and at the location

announced above. The meeting is open

to the public. The meeting site is

accessible to individuals with

disabilities. Individuals with hearing

impairments who require sign language

interpreters should contact Peggy

Greenwell by July 26, 1996, by calling

(202) 272–5434 extension 34 (voice) or

(202) 272–5449 (TTY).

On Sunday, August 4, 1996, the

committee will tour various play

facilities in the Minneapolis area. Bus

transportation will be provided for

committee members. There is limited

space available on the bus for members

of the public. Individuals may reserve

space in advance by calling Peggy

Greenwell at the phone numbers listed

above. If all available spaces are not

reserved in advance, spaces will be

filled on the day of the tour on a first

come/first served basis. The bus will

depart from the main entrance of the

Sheraton Metrodome, 1330 Industrial

Boulevard, Minneapolis, Minnesota, at

9:00 a.m. The bus will return to

Maplewood Community Center at

approximately 4:00 p.m. and the

committee will meet until 6:00 p.m.

Lawrence W. Roffee,

Executive Director.

[FR Doc. 96–17709 Filed 7–11–96; 8:45 am]

BILLING CODE 8150–01–P