[Code of Federal Regulations]
[Title 6, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 6CFR7.21]

[Page 37-38]
 
                       TITLE 6--HOMELAND SECURITY
 
   CHAPTER I--DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY
 
PART 7_CLASSIFIED NATIONAL SECURITY INFORMATION--Table of Contents
 
                    Subpart B_Classified Information
 
Sec.  7.21  Classification of information, limitations.

    (a) Information may be originally classified only if all of the 
following standards are met:
    (1) An original classification authority is classifying the 
information;
    (2) The information is owned by, produced by or for, or is under the 
control of the United States Government;
    (3) The information falls within one or more of the categories of 
information specified in section 1.4 of Executive Order 12958, as 
amended; and
    (4) The original classification authority determines that the 
unauthorized disclosure of the information reasonably could be expected 
to result in damage to the national security and such official is able 
to identify or describe the damage.
    (b) Information shall be classified as Top Secret, Secret, or 
Confidential in accordance with and in compliance with the standards and 
criteria in Executive Order 12958, as amended. No other terms shall be 
used to identify United States classified information except as 
otherwise provided by statute.
    (c) Information shall not be classified in order to:
    (1) Conceal inefficiency, violations of law, or administrative 
error;
    (2) Prevent embarrassment to a person, organization, or agency;
    (3) Restrain competition;
    (4) Prevent or delay release of information that does not require 
protection in the interest of national security.
    (d) Information may be reclassified after it has been declassified 
and released to the public under proper authority only in accordance 
with the following conditions:
    (1) The reclassification action is taken under the personal 
authority and with the written approval of the Secretary or Deputy 
Secretary of Homeland Security, based on the determination that the 
reclassification of the information is necessary in the interest of the 
national security;
    (2) The reclassification of the information meets the standards and 
criteria for classification pursuant to Executive Order 12958, as 
amended;

[[Page 38]]

    (3) The information may be reasonably recovered; and
    (4) The reclassification action is reported promptly to the Director 
of ISOO.
    (e) Information that has not previously been disclosed to the public 
under proper authority may be classified or reclassified after DHS has 
received a request for it under the Freedom of Information Act (5 U.S.C. 
552), the Privacy Act of 1974 (5 U.S.C. 552a), or the mandatory review 
provisions of Executive Order 12958, as amended, section 3.5. When it is 
necessary to classify or reclassify such information, it shall be 
forwarded to the Chief Security Officer and classified or reclassified 
only at the direction of the Secretary or Deputy Secretary of Homeland 
Security.