[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: 32CFR2001.47]



[Page 488]

 

                        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 D_Safeguarding

 

Sec.  2001.47  Loss, possible compromise or unauthorized disclosure 

[4.1, 4.2].



    (a) General. Any person who has knowledge that classified 

information has been or may have been lost, possibly compromised or 

disclosed to an unauthorized person(s) shall immediately report the 

circumstances to an official designated for this purpose.

    (b) Cases involving information originated by a foreign government 

or another U.S. government agency. Whenever a loss or possible 

unauthorized disclosure involves the classified information or interests 

of a foreign government agency, or another government agency, the 

department or agency in which the compromise occurred shall advise the 

other government agency or foreign government of the circumstances and 

findings that affect their information or interests. However, foreign 

governments normally will not be advised of any security system 

vulnerabilities that contributed to the compromise.

    (c) Inquiry/investigation and corrective actions. Agency heads shall 

establish appropriate procedures to conduct an inquiry/investigation of 

a loss, possible compromise or unauthorized disclosure of classified 

information, in order to implement appropriate corrective actions, which 

may include disciplinary sanctions, and to ascertain the degree of 

damage to national security.

    (d) Department of Justice and legal counsel coordination. Agency 

heads shall establish procedures to ensure coordination with legal 

counsel whenever a formal action, beyond a reprimand, is contemplated 

against any person believed responsible for the unauthorized disclosure 

of classified information. Whenever a criminal violation appears to have 

occurred and a criminal prosecution is contemplated, agency heads shall 

use established procedures to ensure coordination with--

    (1) The Department of Justice, and

    (2) The legal counsel of the agency where the individual responsible 

is assigned or employed.