[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: 28CFR17.31]

[Page 399-400]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
                    CHAPTER I--DEPARTMENT OF JUSTICE
 
PART 17_CLASSIFIED NATIONAL SECURITY INFORMATION AND ACCESS TO CLASSIFIED 
 
                    Subpart B_Classified Information
 
Sec. 17.31  Mandatory review for declassification requests.

    (a) Any person may request classified information be reviewed for 
declassification pursuant to the mandatory declassification review 
provisions of section 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 (OIP), 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 the DRC in the case of an appeal, and 
provide the requester with an acknowledgement 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 requestor. 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 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 requests 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

[[Page 400]]

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 that 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 decisions.
    (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 section 5.4 of Executive Order 12958 and rules issued by the 
ISCAP pursuant to that section.