[Code of Federal Regulations]
[Title 28, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR17.27]

[Page 397-398]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
                    CHAPTER I--DEPARTMENT OF JUSTICE
 
PART 17_CLASSIFIED NATIONAL SECURITY INFORMATION AND ACCESS TO CLASSIFIED 
 
                    Subpart B_Classified Information
 
Sec. 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 Sec. 3.1-3.3 of Executive Order 12958, 
implementing ISOO directives at 32 CFR 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, or a 
supervisory official of either, or by 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

[[Page 398]]

to ensure that declassification is accomplished in a timely manner.