28 C.F.R. § 17.15
Access Review Committee
(a) The Access Review Committee (ARC) is hereby established to review all appeals from denials or revocations of eligibility for access to classified information under Executive Order 12968. Unless the Attorney General requests recommendations from the ARC and personally exercises appeal authority, the ARC's decisions shall be final.
(b) The ARC shall consist of the Deputy Attorney General or a designee, the Assistant Attorney General for National Security or a designee, and the Assistant Attorney General for Administration or a designee. Designations must be approved by the Attorney General.
(c) The Department Security Officer shall provide the necessary administrative staff support for the ARC.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 1978–2024 · leading case: An opinion was released in case 20-5221, Jason Lee v. Merrick Garland (D.C. Cir. 2024).
An opinion was released in case 20-5221, Jason Lee v. Merrick Garland (D.C. Cir. 2024). “See 28 C.F.R. § 17.15 (a). In 2018, the ARC ordered Lee to sit for a third polygraph exam, which was administered by FBI Agent Stacy Smiedala.”
Carter D. Mansfield v. Dep't of Just. (MSPB 2014). “IAF, Tab 16 at 22; 28 C.F.R. §§ 17.15 , 17.47(d). 3 that the proposed action was based on the appellant’s alleged violation of foreign influence, sexual behavior, and personal conduct guidelines under Executive Order 12,968.”
Applicability of the Foreign Intelligence Surveillance Act's Notification Provision to Sec. Clearance Adjudications by the Dep't of Just. Access Review Comm. (OLC 2011). “See 28 C.F.R. § 17.15 (b). When an employee appeals an adverse security clearance decision, the ARC must make a written “determination of eligibility for access to classified information .”
Sec. Clearance Adjudications by the DOJ Access Review Comm. (OLC 2011). “See 28 C.F.R. § 17.15 (b). When an employee appeals an adverse security clearance decision, the ARC must make a written “determination of eligibility for access to classified infor- mation .”
John Doe v. Dep't of Just., 2014 MSPB 75 (MSPB 2014). “, ¶¶ 26, 29-31, 42; see 28 C.F.R. § 17.15 (establishing the ARC), § 17.”
Effect of Tie Vote by Dep't Review Comm. on Declassification of Document (OLC 1978). “Under 28 CFR § 17.15 , information must be classified in “ the lowest .”
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