[Code of Federal Regulations]
[Title 41, Volume 3]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR105-62.201]

[Page 422-423]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
              CHAPTER 105--GENERAL SERVICES ADMINISTRATION
 
PART 105-62--DOCUMENT SECURITY AND DECLASSIFICATION--Table of Contents
 
           Subpart 105-62.2--Declassification and Downgrading
 
Sec. 105-62.201  Declassification and downgrading.


    (a) Authority to downgrade and declassify. The authority to 
downgrade and declassify national security information or material shall 
be exercised as follows:
    (1) Information or material may be downgraded or declassified by the 
GSA official authorizing the original classification, by a successor in 
capacity, by a supervisory official of either, or by the Information 
Security Oversight Committee on appeal.
    (2) Downgrading and declassification authority may also be exercised 
by an official specifically authorized by the Administrator.
    (3) In the case of classified information or material officially 
transferred to GSA by or under statute or Executive order in conjunction 
with a transfer of functions and not merely for storage purposes, GSA 
shall be deemed the originating agency for all purposes under these 
procedures including downgrading and declassification.
    (4) In the case of classified information or material held in GSA 
not officially transferred under paragraph (a)(3) of this section but 
originated in an agency which has since ceased to exist, GSA is deemed 
the originating agency. Such information or material may be downgraded 
and declassified 30 calendar days after consulting with any other 
agencies having an interest in the subject matter.
    (5) Classified information or material under the final 
declassification jurisdiction of GSA which has been transferred to NARS 
for accession into the Archives of the United States may be downgraded 
and declassified by the Archivist of the United States in accordance 
with Executive Order 12065, directives of the Information Security 
Oversight Office, and the systematic review guidelines issued by the 
Administrator of General Services.
    (6) It is presumed that information which continues to meet 
classification requirements requires continued protection. In some 
cases, however, the need to protect such information may be outweighed 
by the public interest in disclosure of the information, and in these 
cases the information should be declassified. When such questions arise 
they shall be referred to the Administrator, the Director of the 
Information Security Oversight Office, or in accordance with the 
procedures for mandatory review described in Sec. 105-62.202(b).
    (b) Declassification. Declassification of information shall be given 
emphasis comparable to that acccorded classification. Information 
classified under Executive Order 12065 and prior orders shall be 
declassified as early as national security considerations permit. 
Decisions concerning declassification shall be based on the loss of 
sensitivity of the information with the passage of time or on the 
occurrence of an event which permits declassification. When information 
is reviewed for declassification it shall be declassified unless the 
declassification authority established in Sec. 105-62.202 determines 
that the information continues to meet the classification requirements 
prescribed despite the passage of time.
    (c) Downgrading. Classified information that is marked for automatic 
downgrading is downgraded accordingly without notification to holders. 
Classified information that is not marked for automatic downgrading may 
be assigned a lower classification designation by the originator or by 
an

[[Page 423]]

official authorized to declassify the same information. Notice of 
downgrading shall be provided to known holders of the information.