(a) When information in the physical and legal custody of NARA that has been available for public use following declassification under proper authority is proposed for reclassification in accordance with 32 CFR 2001.13(b)(1), NARA shall take the following actions:
(1) The agency head making the determination to reclassify the information shall notify the Archivist of the potential reclassification in writing,
(2) The Archivist shall suspend public access pending approval or disapproval by the Director of the Information Security Oversight Office of the reclassification request, and
(3) The Director of the Information Oversight Office shall normally make a decision on the validity of the reclassification request within 30 days, and
(4) The decision of the Director of ISOO may be appealed by the Archivist or the agency head to the President through the National Security Advisor.
(5) Access shall remain suspended pending a prompt decision on the appeal.
(b) [Reserved]
authority: 44 U.S.C. 2101 to 2118;
5 U.S.C. 552; E.O. 13526, 75 FR 707, 3 CFR, 2009 Comp., p. 298; Presidential Memorandum of December 29, 2009 “Implementation of the Executive Order, Classified National Security Information,” 75 FR 733, 3 CFR, 2009 Comp., p. 412;
32 CFR Part 2001
source: 76 FR 81828, Dec. 29, 2011, unless otherwise noted.
cite as: 36 CFR 1260.80