[Code of Federal Regulations]

[Title 32, Volume 6]

[Revised as of July 1, 2006]

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means such as Government archives or reading rooms, it is withdrawn from 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 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



[[Page 471]]



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.