[Title 21 CFR 1402]
[Code of Federal Regulations (annual edition) - April 1, 2002 Edition]
[Title 21 - FOOD AND DRUGS]
[Chapter III - OFFICE OF NATIONAL DRUG CONTROL POLICY]
[Part 1402 - MANDATORY DECLASSIFICATION REVIEW]
[From the U.S. Government Printing Office]


21FOOD AND DRUGS92002-04-012002-04-01false1402PART 1402FOOD AND DRUGSOFFICE OF NATIONAL DRUG CONTROL POLICY
PART 1402--MANDATORY DECLASSIFICATION REVIEW--Table of Contents




Sec.
1402.1 Purpose.
1402.2 Responsibility.
1402.3 Information in the custody of ONDCP.
1402.4 Information classified by another agency.
1402.5 Appeal procedure.
1402.6 Fees.
1402.7 Suggestions and complaints.

    Authority: Section 3.4, E.O. 12356 (3 CFR, 1982 Comp., p. 166), and 
Information Security Oversight Office Directive No. 1 (32 CFR 2001.32).

    Source: 57 FR 55089, Nov. 24, 1992, unless otherwise noted.



Sec. 1402.1  Purpose.

    Other government agencies, U.S. citizens or permanent resident 
aliens may request that classified information in files of the Office of 
National Drug Control Policy (ONDCP) be reviewed for possible 
declassification and release. This part prescribes the procedures for 
such review and subsequent release or denial.

[[Page 175]]



Sec. 1402.2  Responsibility.

    All requests for the mandatory declassification review of classified 
information in ONDCP files should be addressed to the Security Officer, 
Office of National Drug Control Policy, Executive Office of the 
President, Washington, DC 20500, who will acknowledge receipt of the 
request. When a request does not reasonably describe the information 
sought, the requester shall be notified that unless additional 
information is provided, or the scope of the request is narrowed, no 
further action will be taken.



Sec. 1402.3  Information in the custody of ONDCP.

    Information contained in ONDCP files and under the exclusive 
declassification jurisdiction of ONDCP will be reviewed by the Director 
of the Office of Planning, Budget, and Administration of ONDCP and/or 
the office of primary interest to determine whether, under the 
declassification provisions of section 3.1 of Executive Order 12356 (3 
CFR, 1982 Comp., p. 166), the requested information may be declassified. 
If the information may not be released, in whole or in part, the 
requester shall be given a brief statement as to the reasons for denial, 
a notice of the right to appeal the determination to the Director of 
ONDCP, and a notice that such an appeal must be filed within 60 days in 
order to be considered.



Sec. 1402.4  Information classified by another agency.

    When a request is received for information that was classified by 
another agency, the Director of the Office of Planning, Budget, and 
Administration of ONDCP will forward the request and a copy of the 
document(s) along with any other related materials, to the appropriate 
agency for review and determination as to release. Recommendations as to 
release or denial may be made if appropriate. The requester will be 
notified of the referral, unless the receiving agency objects on the 
grounds that its association with the information requires protection.



Sec. 1402.5  Appeal procedure.

    Appeals reviewed as a result of a denial will be routed to the 
Director of ONDCP, who will take action as necessary to determine 
whether any part of the information may be declassified. If so, the 
Director shall notify the requester of this determination and shall make 
any information available that is declassified and is otherwise 
releasable. If continued classification is required, the requester shall 
be notified by the Director of ONDCP of the reasons therefore.



Sec. 1402.6  Fees.

    There will normally be no fees charged for the mandatory review of 
classified material for declassification under this part.



Sec. 1402.7  Suggestions and complaints.

    Suggestions and complaints regarding the information security 
program of ONDCP should be submitted, in writing, to the Security 
Officer, Office of National Drug Control Policy, Washington, DC 20500.