[Code of Federal Regulations]
[Title 32, Volume 6]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR2001.13]

[Page 470-471]
 
                        TITLE 32-NATIONAL DEFENSE
 
CHAPTER XX--INFORMATION SECURITY OVERSIGHT OFFICE, NATIONAL ARCHIVES AND 
                         RECORDS ADMINISTRATION
 
PART 2001_CLASSIFIED NATIONAL SECURITY INFORMATION--Table of Contents
 
                        Subpart A_Classification
 
Sec. 2001.13  Classification prohibitions and limitations [1.7].

    (a) In making the decision to reclassify information that has been 
declassified and released to the public under proper authority, the 
agency head or deputy agency head must determine in writing that 
reclassification of the information is necessary in the interest of the 
national security.
    (1) In addition, the agency must deem the information to be 
reasonably recoverable which means that:
    (i) Most individual recipients or holders are known and can be 
contacted and all forms of the information to be reclassified can be 
retrieved from them and
    (ii) If the information has been made available to the public via 
means such as Government archives or reading rooms, it is withdrawn from 
public access.
    (2) The declassification and release of information under proper 
authority means that the agency originating the information authorized 
the declassification and release of the information.
    (b) Once the reclassification action has occurred, it must be 
reported to ISOO within 30 days. The notification must include how the 
``reasonably recoverable'' decision was made, including the number of 
recipients or holders, how the information was retrieved and how the 
recipients or holders were briefed.
    (c) Any recipients or holders of the reclassified information who 
have current security clearances shall be appropriately briefed about 
their continuing legal obligations and responsibilities to

[[Page 471]]

protect this information from unauthorized disclosure. The recipients or 
holders who do not have security clearances shall, to the extent 
practicable, be appropriately briefed about the reclassification of the 
information that they have had access to, their obligation not to 
disclose the information, and be requested to sign an acknowledgement of 
this briefing.
    (d) The reclassified information must be appropriately marked and 
safeguarded. The markings should include the reclassification authority 
and the date of the action. Apply other markings as provided in subpart 
B of this part.