36 C.F.R. Subpart C—Systematic Review
Title 36 - Parks, Forests, and Public Property
(a) Consistent with the requirements on automatic declassification in section 3.3 of EO 12958, as amended, NARA staff may conduct systematic reviews for declassification of records for which the originating agencies have provided declassification guidance. The originating agency must review records for which it has not provided declassification guidance. (b) Agencies may choose to review their own records that have been transferred to NARA's legal custody, by sending personnel to the NARA facility where the records are located to conduct the declassification review. (c) Classified materials in the Presidential Library system may be referred to agencies holding equity in the documents via the Remote Archives Capture (RAC)Project. The RAC Project is a collaborative program to implement the declassification provisions of E.O. 12958, as amended, with respect to twenty-five year old or older classified holdings in the Presidential Libraries. Classified Presidential materials at the libraries are scanned and brought to the Washington, DC, metropolitan area in electronic form for review by equity-holding agencies in the metropolitan area. (a) NARA will: (1) Make the records available to properly cleared agency reviewers; (2) Provide space for agency reviewers in the facility in which the records are located to the extent that space is available; and (3) Provide training and guidance for agency reviewers on the proper handling of archival materials. (b) Agency reviewers must: (1) Follow NARA security regulations and abide by NARA procedures for handling archival materials; (2) Follow NARA procedures for identifying and marking documents that cannot be declassified; and (3) Obtain permission from NARA before bringing into a NARA facility computers, scanners, tape recorders, microfilm readers and other equipment necessary to view or copy records. NARA will not allow the use of any equipment that poses an unacceptable risk of damage to archival materials. See 36 CFR part 1254 for more information on acceptable equipment. In rare cases, when agency reviewers cannot be accommodated at a NARA facility, NARA will consider a request to loan records back to an originating agency in the Washington, DC, metropolitan area for declassification review. Each request will be judged on a case-by-case basis. The requesting agency must: (a) Ensure that the facility in which the documents will be stored and reviewed passes a NARA inspection to ensure that the facility maintains: (1) The correct archival environment for the storage of permanent records; and (2) The correct security conditions for the storage and handling of classified national security materials. (b) Meet NARA requirements for ensuring the safety of the records; (c) Abide by NARA procedures for handling of archival materials; (d) Identify and mark documents that cannot be declassified in accordance with NARA procedures; and (e) Obtain NARA approval for the use of any equipment as described in §1260.42 (b)(3), such as scanners, copiers, or cameras, to ensure that they do not pose an unacceptable risk of damage to archival materials. (a) Textual records and collections. Classified records within an integral file block will be automatically declassified on December 31 of the year that is 25 years from the date of the most recent record within the file block, except as specified in paragraphs (b), (c), (d), and (e) of this section. (b) Special media records. (1) Federal records. Upon proper notification from the originating agency, NARA will delay automatic declassification for 5 additional years for classified information contained in microforms, motion pictures, audiotapes, videotapes, or comparable media that make a review for possible declassification exemptions more difficult or costly. Information contained in special media records that has been referred to an equity holder will be automatically declassified 5 years from the date of notification or 30 years from the date of origination of the special media, whichever is longer, unless otherwise properly exempted. (2) Presidential collections. NARA will delay automatic declassification for 5 additional years for classified information contained in Presidential records and donated historical materials in the form of microforms, motion pictures, audiotapes, videotapes, or comparable media that make a review for possible declassification exemptions more difficult or costly. Information contained in special media records that has been referred will be automatically declassified 5 years from the date of notification or 30 years from the date of origination of the special media, whichever is longer, unless otherwise properly exempted. (c) Delayed referrals. NARA will delay automatic declassification for up to 3 years for classified records that have been identified by the originating agency, or by NARA, and referred to an additional agency or agencies less than 3 years before automatic declassification would otherwise be required. (d) Other exceptions. NARA will apply automatic declassification only to information that has been properly referred to the agency that created the records, or to another agency, but not acted upon by those agencies within 3 years from the date of notification, or 28 years from the date of the record or integral file block, whichever is later. (1) Information that has not been properly identified and referred to an agency other than the agency that created the records is not subject to automatic declassification. When NARA identifies information of interest to another agency, that agency will have 3 years from the date of notification to exempt or declassify its equity, and to further refer the record if appropriate. If no action is taken, the information from the agency that received the referral will be automatically declassified 3 years from the date of notification. (2) Information contained in special media records that has been referred to equity holders will be automatically declassified 5 years from the date of notification, or 30 years from the date of origination of the special media, whichever is longer, unless otherwise properly exempted. (e) Discovery of information inadvertently not reviewed. When NARA identifies a file series or collection in our physical and legal custody that contains classified information over 25 years old and that was inadvertently not reviewed before the effective date of automatic declassification, NARA must report the discovery to ISOO within 90 days of discovery. Within 180 days NARA will refer the records to the originating agency or systematically review the records. (1) The referral agency will have 3 years from the date of notification to exempt, declassify, or further refer the record. If no action is taken, the information from the agency that received the referral will be automatically declassified 3 years from the date of notification. (2) Information contained in special media records that has been referred will be automatically declassified 5 years from the date of notification or 30 years from the date of origination of the special media, whichever is longer, unless otherwise properly exempted.
Title 36: Parks, Forests, and Public Property
PART 1260—DECLASSIFICATION OF NATIONAL SECURITY INFORMATION
Subpart C—Systematic Review
§ 1260.40 How are records at NARA reviewed for declassification?
§ 1260.42 What are the procedures for agency personnel to review records at a NARA facility?
§ 1260.44 Will NARA loan accessioned records back to the agencies to conduct declassification review?
§ 1260.46 How will NARA implement automatic declassification?
