Some FBI employees are required to sign nondisclosure agreements containing a provision for prepublication review due their access to classified and sensitive information. They first submit such materials for review to the Section Chief, Records/Information Dissemination Section, Records Management Division. Such individuals shall also submit questions as to whether specific materials require prepublication review under such agreements to that Section for resolution. Where such questions raise policy questions or concern significant issues of interpretation under such an agreement, the Section Chief, shall consult with the Assistant Attorney General for National Security, or a designee, prior to responding to the inquiry. Should the Section Chief determine that certain materials should be deleted from the publication, the individual may appeal this decision to the Director of the FBI. If the individual is dissatisfied by the Director's decision, s/he may appeal to the Deputy Attorney General. This decision is subject to judicial review, which can be obtained either by filing an action for declaratory relief or by giving the Department notice of their intention to proceed with the publication and allowing 30 working days for the Department to file a civil action to prohibit disclosure.
NOTE: This scheme applies only to individuals who are (or have been) employed by the FBI. A separate scheme covers other DOJ employees (DOJXPUBD0016).
|Level||Name of Office||Sub-Agency/Bureau/Division:||Are administrative appeals permitted from final decisions at this stage?|
Federal Bureau of Investigation
Yes (All Types of Cases)
Appeal Level 1