The FBI’s prepublication-review scheme
Who has to submit?
What do they have to submit?
Who will do the review?
What are they reviewing for?
How long will it take?
Is there a process for appealing
censorship decisions?
According to the Prepublication Review Policy Guide, all current and former
employees and contractors. Under 28 C.F.R. § 17.18, only individuals
granted access to Sensitive Compartmented Information (SCI).
According to the Prepublication Review Policy Guide, covered individuals
must submit all proposed disclosures of “any knowledge gained through FBI
employment or assignments related to the FBI.”
According to Form 4414, covered individuals must submit any information
“that contains or purports to contain any SCI or description of activities that
produce or relate to SCI or that [they] have reason to believe are derived from
SCI.”
Section Chief, Records/Information Dissemination Section, Records
Management Division
28 C.F.R. § 17.18(h) states that review is “solely for the purpose of identifying
and preventing the disclosure of Sensitive Compartmented Information and
other classified information.” The Prepublication Review Policy Guide,
however, contemplates the redaction of far more, including anything that
could be withheld by the government under the Freedom of Information Act.
The regulation states that the RMD will respond substantively within 30
business days, but the FBI’s guidelines state that 30 business days is
“unrealistic” for submissions that contain “operational or intelligence matters.”
Yes. Appeals are to the Deputy Attorney General, who will process appeals
within 15 days.