[Title 28 CFR 17]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 28 - JUDICIAL ADMINISTRATION]
[Chapter I - DEPARTMENT OF JUSTICE]
[Part 17 - CLASSIFIED NATIONAL SECURITY INFORMATION AND ACCESS TO CLASSIFIED INFORMATION]
[From the U.S. Government Printing Office]


28JUDICIAL ADMINISTRATION12002-07-012002-07-01falseCLASSIFIED NATIONAL SECURITY INFORMATION AND ACCESS TO CLASSIFIED INFORMATION17PART 17JUDICIAL ADMINISTRATIONDEPARTMENT OF JUSTICE
PART 17--CLASSIFIED NATIONAL SECURITY INFORMATION AND ACCESS TO CLASSIFIED INFORMATION--Table of Contents




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  Delcassification 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

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Comp., p. 333 19825; E.O. 12968, 60 FR 40245, 3 CFR, 1995 Comp., p. 391; 
32 CFR part 2001.

    Source: Order No. 2091-97, 62 FR 36984, July 10, 1997, unless 
otherwise noted.



Sec. 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 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.



Sec. 17.2  Scope.

    (a) All employees, contractors, grantees, and others 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

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creates limited rights to administrative review of decisions pursuant to 
Secs. 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 
Secs. 17.14, 17.15, 17.18, 17.27, 17.30, 17.31 and 17.50.



Sec. 17.3  Definitions.

    The terms defined or used in Executive Order 12958 and Executive 
Order 12968, and the implementing directives in 32 CFR 2001, are 
applicable to this part.



                        Subpart A--Administration



Sec. 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 Sec. 5.6(c) of Executive 
Order 12958, and Sec. 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

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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 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.



Sec. 17.12  Component head responsibilities.

    The head of each component shall appoint and oversee a Security 
Programs Manager to implement this regulation. 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.



Sec. 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.



Sec. 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

[[Page 373]]

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.



Sec. 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.



Sec. 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 (FBI) 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 wilfully grant eligibility 
for, or allow access to, classified information

[[Page 374]]

in violation of Executive Order 12968, or its implementing directives, 
this part, or security requirements promulgated by the Department 
Security Officer.



Sec. 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 regulation.
    (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 
any the maintenance of any classified 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 regulation 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.

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    (d) Access to classified information by individuals involved in 
judicial proceedings other than employees of the Department is governed 
by Sec. 17.46(c).



Sec. 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 it 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 at an early 
stage, or as soon as circumstances indicate these policies must be 
considered. Except as provided in paragraph (j) of this section for 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 materials 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 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 methods 
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

[[Page 376]]

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 republication 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 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 giving the Department notice of their intention to proceed despite 
the Department's request 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 
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.

[[Page 377]]



                    Subpart B--Classified Information



Sec. 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.



Sec. 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 the 
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, 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 Sec. 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.



Sec. 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:

[[Page 378]]

    (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 original 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.



Sec. 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 of 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.



Sec. 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; ISOO implementing 
directives in 32 CFR 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.



Sec. 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 sections 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.



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

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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.



Sec. 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 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 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.



Sec. 17.29  Documents of permanent historical value.

    The original classification authority, to the greatest extent 
possible, shall declassify classified information contained in records 
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.



Sec. 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

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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 response 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 or the Office of Professional Responsibility, as appropriate.
    (g) Requests for review of classified material for declassification 
by persons other than authorized holders are governed by Sec. 17.31.



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

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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 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.



Sec. 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



Sec. 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 the person--
    (1) Has been determined to be eligible for access in accordance with 
sections 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 indicated 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.

[[Page 382]]

    (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.



Sec. 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 section 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 section 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 section 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.



Sec. 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.



Sec. 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.

[[Page 383]]

    (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.



Sec. 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.



Sec. 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. Federal Magistrate Judges must 
be determined eligible for access to classified information by the 
Department Security Officer pursuant to procedures approved by the 
Assistant Attorney General for Administration in consultation with the 
Judicial Conference of the United States. All other Legislative and 
Judicial personnel including, but not limited to, congressional staff, 
court reporters, typists, secretaries, law clerks, and translators who 
require access to classified information must be determined eligible by 
the Department Security Officer consistent with standards established in 
this regulation.
    (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.

[[Page 384]]

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.



Sec. 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.
    (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 Sec. 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

[[Page 385]]

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 
of 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's 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.