Administrative Law - CFR - 32 CFR 2800.5: Policies.


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32 CFR 2800.5: Policies.

(a) Basic policy.

 Except as provided in the Atomic Energy Act of 1943, as amended, Executive Order 12065, as implemented by ISOO Directive No. 1, provides the only basis for classifying information. It is the policy of this office to make available to the public as much information concerning its activities as possible consistent with the need to protect the national security. Accordingly, security classification shall be applied only to protect the national security.

(b) Duration of classification.

 Classification shall not be continued longer than necessary for the protection of national security. Each decision to classify requires a simultaneous determination of the duration such classification must remain in effect. For further guidance, refer to sections 1-401 and 1-402, E.O. 12065.

(c) Declassification.

 Declassification of information shall be given emphasis comparable to that accorded to classification. Decisions concerning declassification shall be based on the loss of the information's sensitivity with the passage of time or upon the occurrence of a declassification event. For further guidance, refer to sections 3-102, 3-103 and 3-104 of E.O. 12065.

(d) Systematic review for declassification.

 Systematic review for declassification will be in accordance with sections 3-204, 3-401 and 3-503 of E.O. 12065.

(e) Mandatory review requests.

 Requests from a member of the public, a government employee, or an agency, to declassify and release information will be acted upon within 60 days provided the request reasonably identifies the information. After review, the information or any reasonably segregable portion thereof that no longer requires protection, shall be declassified and released, except as provided in section 3-503, E.O. 12065, unless withholding is otherwise warranted under applicable law.

(f) Classification guides.

 The Chief Counsel, National Security Council, has determined that, in view of the limited amount of material originally classified by this office, the preparation and publication of classification guides is not required.

(g) Access to Classified Information by historical researchers and former Presidential appointees.

 Access may be granted under the provisions of section 4-3 of E.O. 12065; however, access is permissive and not mandatory.