[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: 6CFR7.27]

[Page 39-40]
 
                       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.  7.27  Declassification and downgrading.

    (a) Classified information shall be declassified as soon as it no 
longer meets the standards for classification. Declassification and 
downgrading is governed by Part 3 of Executive Order 12958, as amended, 
implementing ISOO directives at 32 CFR part 2001, subpart C, and 
applicable internal DHS direction provided by the Chief Security 
Officer.
    (b) Information shall be declassified or downgraded by the official 
who authorized the original classification if that official is still 
serving in the same position, the originator's successor, or a 
supervisory official of either, or by officials delegated such authority 
in writing by the Secretary of Homeland Security or the Chief Security 
Officer.

[[Page 40]]

    (c) It is presumed that information that continues to meet the 
classification requirements under Executive Order 12958, as amended, 
requires continued protection. In some exceptional cases during 
declassification reviews, the need to protect classified information may 
be outweighed by the public interest in disclosure of the information, 
and in these cases the information should be declassified. If it appears 
that the public interest in disclosure of the information may outweigh 
the need to protect the information, the declassification reviewing 
official shall refer the information with a recommendation for decision 
to the Chief Security Officer. The Chief Security Officer shall review 
the information and make a recommendation to the Secretary on whether 
the public interest in disclosure outweighs the damage to national 
security that might reasonably be expected from disclosure. The 
Secretary shall decide whether to declassify the information. The 
decision of the Secretary shall be final. This provision does not 
amplify or modify the substantive criteria or procedures for 
classification or create any substantive or procedural rights subject to 
judicial review.
    (d) Each component shall develop schedules for declassification of 
records in the National Archives.