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Unless declassified earlier, information marked with a specific date or event for declassification under a prior order is automatically declassified upon that date or event.

2001.44 Reciprocity of use and inspection of facilities. (c) Duration of information classified under prior orders--(1) Specific date or event.

NARA has also determined that delaying the effective date for 30 days is unnecessary as this rule updates the existing Directive implementing Executive Order 12958, as amended. Chapter 8, Congressional Review of Agency Rulemaking. 2001.16 Fundamental classification guidance review. Subpart C--Identification and Markings 2001.20 General. 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 they have had access to, their obligation not to disclose the information, and be requested to sign an acknowledgement of this briefing.

Moreover, since Executive Order 13526 becomes effective on June 27, 2010, Federal agencies will benefit immediately by having up-to-date ISOO guidance, and any delay in the effective date would hinder agency procedure and be contrary to the public interest. As required by the Regulatory Flexibility Act, we certify that this rule will not have a significant impact on a substantial number of small entities because it applies only to Federal agencies. (4) The reclassified information must be appropriately marked in accordance with section 2001.24(l) and safeguarded.

The Executive order prescribes a uniform system for classifying, safeguarding, and declassifying national security information. 2001.36 Classified information in the custody of private organizations or individuals. If the information is contained in records determined to be permanently valuable, and the prescribed date or event will take place more than 25 years from the date of origin of the document, the declassification of the information will instead be subject to section 3.3 of the Order. For information marked with X1, X2, X3, X4, X5, X6, X7, or X8; ``Originating Agency's Determination Required'' or its acronym ``OADR,'' ``Manual Review'' or its acronym ``MR;'' ``DCI Only;'' ``DNI Only;'' and any other marking indicating an indefinite duration of classification under a prior order; or in those cases where a document is missing a required declassification instruction or the instruction is not complete: (i) A declassification authority, as defined in section 3.1(b) of the Order, may declassify it; (ii) An original classification authority with jurisdiction over the information may re-mark the information to establish a duration of classification of no more than 25 years from the date of origin of the document, consistent with the requirements for information originally classified under the Order, as provided in paragraph (a) of this section; or (iii) Unless declassified earlier, such information contained in records determined to be permanently valuable shall remain classified for 25 years from the date of its origin, at which time it will be subject to section 3.3 of the Order. (1) If the information at issue is in records in the physical and legal custody of the National Archives and Records Administration (NARA) and has been made available to the public, the original classification authority with jurisdiction over the information shall, as part of determining whether the restoration of markings and controls is appropriate, consider whether the removal of the information from public purview will significantly mitigate the [Page 37257] harm to national security or otherwise draw undue attention to the information at issue.

Section 6.1(a) of the Order defines ``agency'' to mean any ``Executive agency'' as defined in 5 U. ---------------------------------------------------------------------------- CFR section Related section of E. 13526 ---------------------------------------------------------------------------- 2001.10 Classification standards......... 1.1, 1.4 2001.11 Original classification authority 1.3 2001.12 Duration of classification....... 2.2 2001.16 Fundamental classification 1.9 guidance review. All delegations of original classification authority shall be reported to the Director of ISOO. (a) Determining duration of classification for information originally classified under the Order--(1) Establishing duration of classification.

(1) If the date or event assigned by the original classification authority has not passed, an original classification authority with jurisdiction over the information may extend the classification duration of such information for a period not to exceed 25 years from the date of origin of the record.

The only exceptions to the sequence in paragraph (a)(1) of this section are as follows: (i) If an original classification authority is classifying information that should clearly and demonstrably be expected to reveal the identity of a confidential human source or a human intelligence source, the duration shall be up to 75 years and shall be designated with the following marking, ``50X1-HUM;'' or (ii) If an original classification authority is classifying information that should clearly and demonstrably be expected to reveal key design concepts of weapons of mass destruction, the duration shall be up to 75 years and shall be designated with the following marking, ``50X2-WMD.'' (b) Extending duration of classification for information classified under the Order. If an original classification authority with jurisdiction over the information does not extend the classification of information assigned a date or event for declassification, the information is automatically declassified upon the occurrence of the date or event.

Regulatory Impact This rule is not a significant regulatory action for the purposes of Executive Order 12866. List of Subjects in 32 CFR Parts 20 Archives and records, Authority delegations (Government agencies), Classified information, Executive orders, Freedom of Information, Information, Intelligence, National defense, National security information, Presidential documents, Security information, Security measures, Standard Forms. 2001.13 Classification prohibitions and limitations. The markings should include the authority for and the date of the reclassification action.

0 For the reasons set forth in the preamble, the Information Security Oversight Office, NARA, is amending 32 CFR Chapter XX as follows: 0 1. (5) Once the reclassification action has occurred, it must be reported to the National Security Advisor and to the Director of ISOO by the agency head or senior agency official within 30 days. Authorized holders, including authorized holders outside the classifying agency, who want to challenge the classification status of information shall present such challenges to an original classification authority with jurisdiction over the information.

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(ii) If unable to determine a date or event of less than 10 years, the original classification authority shall ordinarily assign a declassification date that is 10 years from the date of the original classification decision.

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