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§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;
(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.