(a) Scope of review. The mandatory review procedures apply to
information originally classified by the DOL when it had such authority,
i.e., before December 1, 1978. Requests may come from members of the
public or a government employee or agency. The procedures do not apply
to information originated by other agencies and merely held in
possession of the DOL. Requests for disclosure submitted under
provisions of the Freedom of Information Act are to be processed in
accordance with provisions of that Act.
(b) Where requests should be directed. Requests for mandatory review
for declassification should be directed to the Department of Labor,
Office of the Assistant Secretary for Administration and Management
(OASAM), Washington, DC 20210. Requests should be in writing and should
reasonably describe the classified information to allow identification.
Whenever a request does not reasonably describe the information sought,
the requestor will be notified that unless additional information is
provided or the scope of the request is narrowed, no further action will
be undertaken.
(c) Processing. The OASAM will assign the request for information to
the appropriate DOL office for declassification consideration. A
decision will be made within 60 days as to whether the requested
information may be declassified and, if so, made available to the
requestor. If the information may not be released in whole or in part,
the requestor will be given a brief statement as to the reasons for
denial, and a notice of the right to appeal the determination to the DOL
Classification Review Committee, Office of the Assistant Secretary for
Administration and Management, Washington, DC 20210. The requestor is to
be told that such an appeal must be filed with the DOL within 60 days.
(d) Appeals procedure. The DOL Classification Review Committee will
review and act within 30 days on all applications and appeals for the
declassification of information. The Committee is authorized to overrule
on behalf of the Secretary, Agency determinations in whole or in part,
when it decides that continued protection is not required. It will
notify the requestor of the declassification and provide the
information. If the Committee determines that continued classification
is required, it will promply notify the requestor and provide the
reasons for the determination.
(e) Burden of proof. In evaluating requests for declassification the
DOL Classification Review Committee will require the DOL office having
jurisdiction over the document to prove that continued classification is
warranted.
(f) Fees. If the request requires a service for which fair and
equitable fees may be charged pursuant to title 5 of the Independent
Office Appropriation Act, 31 U.S.C. 483a (1976), the requestor will be
notified and charged.
