reasons therefor, including a description of each of the views expressed on any item and the record of any rollcall vote (reflecting the vote of each Commissioner on the question). All documents considered in connection with any action shall be identified in such minutes. (c) The Commission shall retain a copy of every certification executed by the General Counsel's Office pursuant to these regulations, together with a statement from the presiding officer of the meeting, or portion of a meeting to which the certification applies, setting forth the time and place of the meeting, and the persons present. (d) Nothing herein shall affect any other provision in Commission procedures or regulations requiring the preparation and maintenance of a record of all official actions of the Commission. § 16.207 Public access to nonexempt transcripts and minutes of closed Commission meetings-Documents used at meetings-Record retention. (a) Public access to records. Within a reasonable time after any closed meeting, the Commission shall make available to the public, in the Commission's Public Reading Room located at 5550 Friendship Boulevard, Chevy Chase, Maryland 20815-7286, the transcript, electronic recording, or minutes of the discussion of any item on the agenda, or of any item of the testimony of any witness received at such meeting, maintained hereunder, except for such item or items of such discussion or testimony which contain information exempt under any provision of the Government in the Sunshine Act (Pub. L. 94-409), or of any amendment thereto. Copies of nonexempt transcripts, or minutes, or a transcription of such recording disclosing the identity of each speaker, shall be furnished to any person at the actual cost of duplication or transcription. (b) Access to documents identified or discussed in any Commission meeting, open or closed, shall be governed by Department of Justice regulations at this part 16, subparts C and D. The Commission reserves the right to invoke statutory exemptions to disclosure of such documents under 5 U.S.C. 552 and 552a, and applicable regula tions. The exemptions provided in 5 U.S.C. 552b(c) shall apply to any request made pursuant to 5 U.S.C. 552 or 552a to copy and inspect any transcripts, recordings or minutes prepared or maintained pursuant hereto. (c) Retention of records. The Commission shall maintain a complete verbatim copy of the transcript, or a complete copy of the minutes, or a complete electronic recording of each meeting, or portion of a meeting, closed to the public, for a period of at least two years after such meeting, or until one year after the conclusion of any Commission proceeding with respect to which the meeting or portion thereof was held, whichever occurs later. [42 FR 14713, Mar. 16, 1977, as amended by Order No. 960-81, 46 FR 52357, Oct. 27, 1981] § 16.208 Annual report. The Commission shall report annually to Congress regarding its compliance with Sunshine Act requirements, including a tabulation of the total number of meetings open to the public, the total number of meetings closed to the public, the reasons for closing such meetings, and a description of any litigation brought against the Commission under this section, including any costs assessed against the Commission in such litigation and whether or not paid. APPENDIX I TO PART 16-COMPONENTS OF THE DEPARTMENT OF JUSTICE Unless otherwise noted, the address for each component is: United States Department of Justice, 10th Street & Constitution Avenue, NW., Washington, DC 20530. Office of the Attorney General Office of Legislative and Intergovernmental Civil Division Civil Rights Division Criminal Division Land and Natural Resources Division Office of Justice Assistance, Research, and Justice Management Division Street Building, 1405 Eye Street, NW., Washington, DC 20005 Executive Office for Immigration Review, United States Department of Justice, 5203 Leesburg Pike, Falls Church, VA 22041 Executive Office for United States Attorneys Executive Office for United States Trustees, United States Department of Justice, HOLC Building, 320 First Street, NW., Washington, DC 20534 Federal Bureau of Investigation, 9th St. & Pennsylvania Ave., NW., Washington, DC 20535 [for field offices, consult the list of FBI field offices in the United States Government Manual] Federal Prison Industries, Inc., HOLC Building, 320 First Street, NW., Washington, DC 20534 Foreign Claims Settlement Commission, Office of Intelligence Policy and Review Office of Professional Responsibility United States Marshals Service, One Tysons United States National Central BureauInterpol Antitrust Division: Richard B. Russell Building, 75 Spring Street, SW., Suite 1394, Atlanta, Georgia 30303, (404) 331-7100 John C. Kluczynski Building. 230 South Dearborn Street, Room 3820, Chicago, Illinois 60604, (312) 353-7530 995 Celebrezze Federal Building, 1240 East 9th Street, Cleveland, Ohio 44199–2089, (216) 5224070 Earle Cabell Federal Building, 1100 Commerce Street, Room 8C6, Dallas, Texas 75242, (214) 767-8051 26 Federal Plaza, Room 3630, New York, New York 10278-0096, (212) 264-0390 17.20 Effect of open publication. 17.21 Classification of previously declassified information. 17.22 Requirement for issuance of classification guides. 17.23 Waiver of classification guide requirements. 17.24 Classification guide components. 17.28 Raising to a higher level of classification. 17.29 Classification of previously unclassified information. 17.30 Notification. 17.122 Authority for establishing special access programs. 17.123 Requesting the establishment or renewal of special access programs. 17.124 Information required in requests for special access programs. 17.125 Identification markings and accounting for special access programs. Subpart J-Executive Branch Oversight and Policy Direction 17.126 National Security Council. 17.127 Administrator of General Services. 17.128 Information Security Oversight Office. 17.129 Department representatives to interagency meetings. 17.130 Coordination with the Information Security Oversight Office. Subpart K-Department of Justice Security Responsibilities 17.131 General responsibilities and duties. 17.132 Loss or possible compromise of classified information. 17.133 The Attorney General. 17.134 Assistant Attorney General for Administration. 17.135 Department Review Committee. 17.136 The Office of Professional Responsibility. 17.137 The Department Security Officer. 17.138 Security education. 17.139 Oversight. 17.140 Heads of Offices, Boards, Divisions and Bureaus. 17.141 Security Programs Managers. 17.142 Security Officers. 17.143 Emergency planning. 17.144 Employees. Subpart L-Security Violations and 17.145 Violations subject to sanctions. 17.148 Administrative discrepancies. AUTHORITY: 5 U.S.C. 301; 28 U.S.C. 509, 510; E.O. 12356. SOURCE: Order No. 1112-85, 50 FR 46388, Nov. 7, 1985, unless otherwise noted. Subpart A-General Provisions §17.1 Purpose. The purpose of this regulation is to insure that information within the Department of Justice, herein referred to as the Department, relating to the national security (as used hereinafter, a collective term which means the national defense and foreign relations of the United States) is protected, pursuant to the provisions of Executive Order 12356 and its implementing directive. (See § 17.2 (a) and (b)). This regulation prescribes: a progressive system for classification, downgrading and declassification; information safeguarding policies and procedures; a monitoring system to insure the effectiveness of the National Security Information Program throughout the Department; and a system for reporting and investigating security violations and sanctions for such violations. The provisions of this regulation become effective upon approval by the Attorney General. § 17.2 Authority. (a) This regulation is issued in compliance with, and as a supplement to, the provisions of: (1) 28 U.S.C. 503 and 509; (2) 5 U.S.C. 301; (3) Executive Order No. 12356 entitled, "National Security Information," dated April 2, 1982. (4) Director of Central Intelligence Directive Number 1/14 entitled, "Minimum Personnel Security Standards and Procedures Governing Eligibility for Access to Sensitive Compartmented Information." (5) The Information Security Oversight Office Directive No. 1 entitled, "National Security Information," dated June 23, 1982. (6) 28 CFR 0.75(p), which outlines the security policy functions of the Justice Management Division (Security Staff). (7) Department Order 2600.2A entitled, "Security Programs and Responsibilities." (b) List of references. (1) Department Order 2620.4 entitled, "Physical Security Manual for Safeguarding Classified National Security Information (E.O. 11652)." 174-098 0-97--11 (2) Department Order 2620.6 entitled, "Procedures for Requesting a Department of Justice Security Clearance for Non-Contractor Personnel Outside the Executive Branch." (3) Department Order 2600.3A entitled, "Requirements for Safeguarding Classified Information and Material Released to Industry in Connection with Contracts or Grants." (4) Department Order 2660.1A entitled, "Department of Justice Special Security Center (Room 6744-Main Justice)." (5) Offices, Boards and Divisions (OBD) Order 2710.3A entitled, "Files Maintenance and Records Disposition." § 17.3 Applicability. This regulation governs the Department's National Security Information Program and takes precedence over all Department publications affecting that program. It establishes, for uniform application throughout the Department, the policies, standards, criteria and procedures for the classification, downgrading, declassification and safeguarding of National Security Information originated, produced or handled by, or in the custody of, the Department. Except as otherwise provided herein (see §17.96), the provisions of this regulation apply to non-contractor personnel outside of the Executive Branch and to contractor personnel or employees who are entrusted with National Security Information originated within or in the custody of the Department. Clearance procedures for the aforementioned personnel are contained in Department Orders 2620.6 and 2600.3A, respectively. Procedures for clearing Department personnel are contained in § 17.98 of this regulation. § 17.5 Atomic Energy Act. Nothing in this regulation supersedes any requirements made by or under the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011-2394. "Restricted Data" shall be handled, protected, classified, downgraded and declassified in conformity with the provisions of the Atomic Energy Act of 1954, as amend ed, 42 U.S.C. 2161-2166, and the regulations issued pursuant thereto. Subpart B-Security Classification § 17.6 Policy. (a) Except as provided in § 17.5, Executive Order 12356, as implemented by this regulation, provides the only basis for classifying information. (b) Unnecessary classification and higher than necessary classification shall be scrupulously avoided. (c) Classification shall be continued no longer than is necessary for the protection of national security. (d) Information may not be classified except for the purposes of preventing damage to the national security. § 17.7 Classification levels. (a) General. Official information which requires protection against unauthorized disclosure in the interests of national security shall be classified in one of three levels, namely, "Top Secret," "Secret" or "Confidential." No other terms shall be used to identify official information as requiring protection in the interests of national security, except as otherwise expressly provided by statute. (b) Top Secret. "Top Secret" is the designation which shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause exceptionally grave damage to the national security. Examples of "exceptionally grave damage" could include armed hostilities against the United States or its allies; disruption of foreign relations vitally affecting the national security; the compromise of vital national defense plans or complex cryptologic and communications intelligence systems; the revelation of extremely sensitive intelligence operations; and the disclosure of scientific or technological developments vital to national security. This classification shall be used with restraint. (c) Secret. "Secret" is the designation which shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause serious damage to the national security. Examples of "serious damage" |