[Federal Register Volume 63, Number 89 (Friday, May 8, 1998)]
[Notices]
[Pages 25737-25738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12343]
Federal Register / Vol. 63, No. 89 / Friday, May 8, 1998 / Notices
[[Page 25737]]
NATIONAL SECURITY COUNCIL
Procedures for Obtaining Access to National Security Council
(NSC) Records
AGENCY: National Security Council.
ACTION: Notice of NSC Issuance of Access Procedures.
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SUMMARY: The NSC is today publishing a Removal of Final Rule in the
Federal Register that removes the NSC regulations for processing
Freedom of Information Act (FOIA) requests for NSC records. Although
NSC records are no longer subject to disclosure under the FOIA, a
Presidential Memorandum of March 24, 1994, directed the NSC to
establish procedures for continued public access to appropriate NSC
records.
DATES: These procedures take effect on May 8, 1998.
FOR FURTHER INFORMATION CONTACT: Rod Soubers, 202-456-9201.
Public Access to National Security Council Records
Introduction
Sec. 1.1 Background
As an organization in the Executive Office of the President that
advises and assists the President, the National Security Council (NSC)
is not subject to the Freedom of Information Act (FOIA). However, the
NSC accepts and processes requests from the public and releases
information as appropriate on a discretionary basis.
Sec. 1.2 Purpose
These procedures set forth an orderly process for public access to
important national security information, consistent with protecting
national security, ensuring the rights of individuals, and promoting
open and effective government.
Requests From the Public for Records
Sec. 2.1 Access Policy
a. The NSC will review for release: (1) certain records of the
current administration: namely, those internal records created by and
transmitted exclusively among NSC staff members as well as all
communications sent or received from outside the Executive Office of
the President; and (2) records remaining in NSC custody from past
Presidential administrations.
b. Because of the NSC's statutory role in advising and assisting
the President with respect to national security issues, many of the
records maintained by the NSC are extremely sensitive; most are
classified under Executive Order 12958 or predecessor orders.
Consequently, a main emphasis of the NSC staff in reviewing records for
release to the public is assuring that sensitive national security
information remains protected as records are released. In releasing
documents, the NSC will follow generally accepted access principles,
such as those articulated in FOIA case law.
c. Records of the current administration are not subject to the
mandatory review provisions of Executive Order 12958. However, all
requests for classified records not otherwise restricted will be
processed in a manner consistent with the mandatory review provisions
of Executive Order 12958, or its successor.
d. A record, or portion thereof, may be exempted from release only
if it contains information within one or more of the following
categories:
1. Information that is specifically authorized under criteria
established by an Executive Order to be kept secret in the interest of
national defense or foreign policy and is in fact properly classified
pursuant to such Executive Order.
2. Information relating to appointments to Federal office or
entirely to the internal practices of the NSC, including formats
maintained in confidence to authenticate internal issuances.
3. Information that is specifically exempted from disclosure by
statute.
4. Trade secrets and commercial or financial information obtained
from a person and privileged or confidential.
5. Communications requesting or submitting advice, or any other
privileged communications, between presidential advisers, including NSC
staff, or between NSC staff and other government officials.
6. Personnel files and similar information the disclosure of which
would constitute a clearly unwarranted invasion of personal privacy.
7. Information compiled for law enforcement purposes.
Sec. 2.2 Submitting Requests for Records
All requests from the public for records should be addressed to:
Director, Access Management, National Security Council, Washington,
D.C. 20504. Requests for records must be sufficiently specific to
enable the NSC staff to locate the record with a reasonable amount of
effort. When a request does not reasonably and specifically describe
the record sought, the NSC staff will notify the requester that no
further action will be taken until additional information is provided,
or the scope of the request is narrowed.
Sec. 2.3 Processing Requests for Records
a. The NSC staff will process and answer all requests, including
conducting searches for responsive records, providing copies of all
releasable records, providing a negative reply if no responsive records
are located, and providing a reason for withholding of any record or
portion thereof.
b. Public requests to the NSC are generally handled on a ``first-
in/first-out'' basis. The Access Management Staff will maintain a queue
of requests and will service each request in turn. In the interest of
economy and efficiency the staff may establish separate queues for
requests of different degrees of difficulty.
c. There are three routine procedural exceptions to this ``first-
in/first-out'' policy: (1) when it is readily apparent that requested
documents have been previously declassified and released, the request
is answered without regard to its position in the queue; (2) when a new
document request is identical to or involves part of a previous but
still pending document request (i.e., no additional research is
required), the new request is processed along with the pending request;
and (3) when the processing of a particular request requires
coordination with agencies of subject matter interest, a response
cannot be provided to a requester until the coordination is complete.
d. Exceptions to the ``first-in/first-out'' policy may also be made
in order to hasten response to (1) requests that may affect the
personal safety of an individual or (2) requests that are of broad and
pressing public interest.
e. In order to assure equitable access to records by all members of
the requesting public, initial production of documents in response to
any single request, at the discretion of the Access Management staff,
may be limited to what can reasonably be retrieved without burdensome
effort. After the initial production of documents the request will be
placed at the end of the queue to await further action in turn after
other waiting requesters have been served.
f. After any materials responsive to a particular public request
are collected, they are reviewed for declassification and release. In
reviewing documents for declassification, the Access Management staff
often seeks the subject matter expertise of interested Federal
agencies. This expertise is obtained through the referral of copies of
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responsive documents to appropriate agencies for review and
recommendation or through consultation.
g. Copies of responsive documents that were originated by a Federal
agency but located among NSC files may be referred to the originating
agency for a release determination and direct response by the agency to
the requester.
h. In light of the NSC's official recordkeeping practices, records
normally will be made available in paper form. Exceptions to this
policy will be made where electronic versions of records exist in an
accessible form, and it is feasible for the NSC to provide public
access to records in that form.
Sec. 2.4 Requests for Reconsideration
a. Requests for reconsideration of decisions not to release
requested documents, or portions thereof, should be addressed to the
Executive Secretary, National Security Council, Washington, D.C. 20504,
within sixty (60) days from the date the requester receives written
notification of the denial. This appeal process does not include
reconsideration of notifications that no responsive documents were
located in a search of NSC files.
b. Requests for reconsideration will be placed in a separate queue
to be acted on in turn. The Access Management staff will process such
requests as expeditiously as possible.
Sec. 2.5 Availability of Released Records
Upon release to an individual requester, NSC numbered policy
documents are also deposited with the National Archives and Records
Administration for general public reference.
Sec. 2.6 Fee Schedule
The NSC reserves the right to establish a fee schedule for the
search and reproduction of information available under this public
access policy.
Glyn Davies,
Executive Secretary.
[FR Doc. 98-12343 Filed 5-7-98; 8:45 am]
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