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contains regulatory documents having general

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are keyed to and codified in the Code of

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Rules and Regulations Federal Register

44093 

Vol. 79, No. 146 

Wednesday, July 30, 2014 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 7 

Federal Emergency Management 

Agency 

44 CFR Part 8 

[DHS Docket No. DHS–2012–0067] 

RIN 1601–AA68 

Classified National Security 

Information 

AGENCY: Office of the Secretary and 

Federal Emergency Management 

Agency, DHS. 

ACTION: Final rule. 

SUMMARY: The Department of Homeland 

Security (DHS) is revising its procedures 

for managing classified national security 

information. DHS is updating its 

regulations to incorporate new and 

revised procedures pursuant to 

Executive Order 13526, ‘‘Classified 

National Security Information.’’ Further, 

DHS is delegating to the Chief Security 

Officer of DHS the responsibility of 

serving as the ‘‘Senior Agency Official’’ 

pursuant to Executive Order 13526. The 

Chief Security Officer acted in this 

capacity under the predecessor 

Executive Order as well. Finally, DHS is 

also removing outdated regulations 

dealing with classified national security 

information at 44 CFR part 8. 

DATES: This final rule is effective July 

30, 2014. 

FOR FURTHER INFORMATION CONTACT: John 

Steele, Chief Policy Advisor, Office of 

the Chief Security Officer, Department 

of Homeland Security, (202) 447–0833 

(not a toll-free number); Scott Ackiss, 

Chief, Administrative Security Division, 

Office of the Chief Security Officer, 

Department of Homeland Security, (202) 

447–5341 (not a toll-free number). 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 29, 2009, the President 

issued Executive Order (E.O.) 13526, 

prescribing a uniform system for 

classifying, safeguarding, and 

declassifying national security 

information, including information 

relating to defense against transnational 

terrorism. 75 FR 707 (Jan. 5, 2010). E.O. 

13526 replaced Executive Order 12958, 

60 FR 19825 (Apr. 20, 1995), which had 

last been amended by E.O. 13292, 68 FR 

15315 (Mar. 28, 2003). 

DHS is amending its regulations to 

implement the revised requirements of 

E.O. 13526. The relevant changes relate 

to classification, safeguarding, and 

declassification of national security 

information. This rule is consistent with 

similar rules of other Executive Branch 

agencies relating to the classification, 

safeguarding, and declassification of 

classified national security information. 

DHS is issuing this rule as a final rule 

without prior notice of proposed 

rulemaking because the procedures 

implemented under this final rule are 

largely mandated by Executive Order. 

Moreover, this rule, like similar rules of 

other Executive Branch agencies, is a 

rule of agency management, 

interpretation, or procedure. Such rules 

are exempt from prior notice and public 

comment under the Administrative 

Procedure Act (APA). 5 U.S.C. 553(a)(2), 

(b)(A). Consistent with its predecessor 

final rule implementing Executive 

Orders 12958 and 13292, see 70 FR 

61211 (Oct. 21, 2005), DHS has 

concluded that prior notice and 

opportunity for comment are therefore 

unnecessary. This rule is therefore 

effective upon publication. 

E.O. 13526 requires that DHS make a 

number of technical changes to its 

regulations, including, for instance, 

removing references to outdated 

executive orders. In the interest of 

brevity, DHS is including in the 

discussion below only the most 

significant changes made in the 

regulations. 

II. Analysis of This Final Rule 

This final rule establishes the 

procedures necessary for DHS to fulfill 

its obligations under E.O. 13526, 

‘‘Classified National Security 

Information.’’ This final rule does not 

address the Department’s obligations 

under Executive Orders 13311, 

Homeland Security Information 

Sharing, 68 FR 45149 (July 31, 2003), or 

13388, Further Strengthening the 

Sharing of Terrorism Information to 

Protect Americans, 70 FR 62023 (Oct. 

25, 2005), which deal with a related, but 

different, subject matter. 

A. Subpart A—Administration 

Revised subpart A continues to 

delegate responsibility for 

administration of the DHS classification 

management program to the Chief 

Security Officer. Just as the Chief 

Security Officer acted in the capacity of 

‘‘Senior Agency Official’’ under E.O. 

12958, as amended, the Chief Security 

Officer will act as the Senior Agency 

Official under E.O. 13526. Similarly, 

subpart A continues to require 

components to designate a security 

officer/security liaison to implement 

and oversee the program at each 

component. Subpart A also sets forth 

potential administrative sanctions that 

may be imposed pursuant to E.O. 13526. 

See revised section 7.10(b)(11), 7.12(b). 

These provisions, which mirror 

provisions in the 2005 rule, are 

independent of criminal penalties that 

the Department of Justice may 

prosecute. See, e.g., 18 U.S.C. 371, 792– 

798, 1001; 50 U.S.C. 783; 50 U.S.C. 421. 

DHS is amending Subpart A to 

explicitly include in the delegation to 

the Chief Security Officer (1) 

responsibility for implementing and 

managing mandatory training for 

officials who hold original classification 

authority or perform derivative 

classification actions, and suspending 

classification authority of individuals 

who fail to attend such training, revised 

section 7.10(c)(3); (2) responsibility for 

reviewing and correcting classification 

decisions, revised section 7.10(c)(4); (3) 

authority to establish a secure capability 

to receive information, allegations, or 

complaints regarding over-classification 

or incorrect classification, revised 

section 7.10(c)(10); (4) authority to 

establish and maintain a means to 

appoint, track, and train Department 

officials who do or will perform original 

and derivative classification actions, 

revised section 7.10(e); and (5) authority 

to implement, manage, and oversee a 

program providing access to and 

safeguarding classified information 


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provided to non-federal entities, revised 

section 7.10(f). 

DHS is also making technical 

amendments to other portions of 

sections 7.11 and 7.12, consistent with 

the Executive Order. 

B. Subpart B—Classified Information 

Revised subpart B continues to 

provide DHS policy on the classification 

and declassification of national security 

information, including authority for the 

release of classified information to 

uncleared persons in an emergency. See, 

e.g., revised section 7.23. Subpart B also 

continues to provide the DHS processes 

for how to challenge the classification of 

information, including information 

classified by another agency, and how 

the public can submit a request for a 

mandatory review of classified 

information for declassification and 

public release. See revised sections 7.31, 

7.32. 

Revised subpart B implements new 

standards for granting officials original 

classification authority, consistent with 

E.O. 13526. In revised section 7.20(a) 

and (b), DHS provides, consistent with 

section 1.3(c) of the Executive Order 

and predecessor executive orders, that 

neither the Secretary nor the Chief 

Security Officer may delegate original 

classification authority to any official 

who lacks a demonstrable and 

continuing need to exercise such 

authority. 

Consistent with sections 1.3(d) and 

2.1(d) of E.O. 13526, and as noted above 

in connection with the Chief Security 

Officer’s authority under revised 

subpart A, revised subpart B 

implements new training requirements 

for original and derivative classifiers. 

Under revised section 7.20(c), DHS 

specifically requires officials delegated 

original classification authority to 

attend mandatory classification training 

within 60 days of the date of the 

delegation, and annually thereafter. 

Under revised section 7.26(d), those 

who perform derivative classification 

actions must attend mandatory 

derivative classification training before 

performing any derivative classification, 

and once every two years thereafter. The 

Chief Security Officer will suspend the 

classification authority of an official 

who does not complete the mandatory 

training, although the Chief Security 

Officer—or for cases involving the 

Inspector General, the Secretary or 

Deputy Secretary—may waive the 

suspension in exigent circumstances. 

Changes under this subpart also 

implement the Executive Order’s 

standards relating to whether and to 

what level DHS will classify 

information. In revised section 

7.21(a)(4), DHS incorporates the explicit 

requirement in section 1.4 of E.O. 

13526, which provides that information 

shall not be considered for classification 

unless, inter alia, its unauthorized 

disclosure could reasonably be expected 

to cause identifiable or describable 

damage to the national security. 

Moreover, in revised section 7.21(c), 

DHS incorporates the new classification 

standards at section 1.1(b)–(c) of E.O. 

13526. DHS clarifies, consistent with 

the Executive Order, that it will not 

classify information if there is 

significant doubt about the need to 

classify the information. If there is 

significant doubt about the appropriate 

level of classification, DHS will classify 

the information at the lower level. 

Finally, in revised section 7.21(e), DHS 

implements section 2.2(d)–(f) of the 

Executive Order, which requires 

agencies to incorporate original 

classification decisions into 

classification guides on a timely basis. 

DHS is requiring components to 

coordinate guides through the Chief 

Security Officer prior to approval and 

publication. 

Changes to this subpart also 

implement new standards under which 

DHS will reclassify information. In 

revised section 7.21(g), the rule 

provides, consistent with section 1.7(c) 

of E.O. 13526, that information may not 

be reclassified after it has been 

declassified and released to the public 

under proper authority, unless, inter 

alia, the reclassification is approved in 

writing by the Secretary, based on a 

document-by-document determination 

that the reclassification of the 

information is required to prevent 

significant and demonstrable damage to 

the national security. 

This rule also includes a number of 

new provisions relating to 

declassification. In revised section 

7.20(e), DHS clarifies, consistent with 

section 3.1(b) of E.O. 13526, which 

officials may exercise declassification 

authority. Revised section 7.29 

addresses DHS’s role vis-a`-vis the 

National Declassification Center, which 

the President established under section 

3.7 of the Executive Order. 

In new section 7.32 (which in many 

respects duplicates former section 7.31), 

consistent with section 3.5(g) of E.O. 

13526, DHS now clarifies the mandatory 

declassification review process by 

defining who may request 

declassification review under the 

Executive Order. Proper requesters do 

not include foreign government entities 

or any representative thereof. New 

section 7.32 also clarifies that in 

general, DHS will deny requests for 

declassification review of overly broad 

categories of information, entire file 

series, and other similarly non-specific 

target information. Consistent with 

section 3.5(g) of E.O. 13526, new section 

7.32 also now provides that mandatory 

declassification review does not apply 

to documents required to be submitted 

for prepublication review or other 

administrative process pursuant to an 

approved non-disclosure agreement. 

This would include, for instance, 

memoirs by current or former DHS 

employees, if a non-disclosure 

agreement applies. 

DHS notes that the public’s ability to 

request declassification of information 

under this rule is fully consistent with 

declassification provisions cited in EO 

13526. 

Finally, DHS is also making technical 

amendments to other portions of 

subpart B not referenced in this 

preamble, consistent with the Executive 

Order. 

C. 44 CFR part 8 

In this action, DHS is also removing 

outdated regulations dealing with the 

same subject matter at 44 CFR part 8. 

III. Statutory and Regulatory Reviews 

A. Administrative Procedure Act 

DHS finds good cause to issue this 

rule without advance notice and public 

comment because such procedures are 

unnecessary. 5 U.S.C. 553(b)(B). As 

noted above, this rulemaking 

incorporates into existing DHS 

regulations the provisions of E.O. 13526 

without significant change. Further, this 

rule generally parallels the procedures 

currently used by other agencies to 

fulfill their obligations under Executive 

Order 13526. 

Moreover, although this rulemaking 

includes certain delegations of authority 

not mandated by Executive Order 

13526—such as, for instance, the 

delegation to the DHS Chief Security 

Officer in particular—such provisions 

plainly involve matters of internal DHS 

management and organization, i.e., DHS 

internal procedures for the classification 

and handling of classified national 

security information. See, e.g., 75 FR 

37254 (June 28, 2010) (National 

Archives and Records Administration 

final rule); 76 FR 59031 (Sept. 23, 2011) 

(Central Intelligence Agency final rule). 

These provisions, as well as the 

remainder of the rule, are exempt from 

the APA’s notice-and-comment 

requirements under 5 U.S.C. 553(a)(2). 

For the same reasons, the Department 

has determined that this final rule 

should be issued without a delayed 

effective date pursuant to 5 U.S.C. 

553(d)(3). 


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B. Regulatory Flexibility Act 

A Regulatory Flexibility Analysis is 

not required for this final rule because 

DHS is not required to publish a general 

notice of proposed rulemaking for this 

matter. 

C. Executive Order 12866 

Executive Orders 13563 and 12866 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule 

has been designated a ‘‘significant 

regulatory action’’ although not 

economically significant, under section 

3(f) of Executive Order 12866. 

Accordingly, the rule has been reviewed 

by the Office of Management and 

Budget. This rule incorporates into 

existing DHS regulations the 

requirements of Executive Order 13526 

and also certain internal delegations of 

authority not mandated by Executive 

Order 13526. The rule’s qualitative 

benefits include additional clarity for 

the public and DHS personnel with 

respect to Executive Order 13526’s 

effect on DHS regulations. This rule 

imposes no additional costs on the 

public or the government. 

D. Executive Order 12988 

This regulation meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988, Civil 

Justice Reform. 

E. Executive Order 13132 

This rule will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

DHS has determined that this rule does 

not have sufficient federalism 

implications to warrant the preparation 

of a federalism summary impact 

statement. 

F. Unfunded Mandates Reform Act of 

1995 

This rule will not result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions are 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995, 2 U.S.C. 1501 et seq. 

G. Small Business Regulatory 

Enforcement Fairness Act of 1996 

This rule is not a major rule as 

defined by section 251 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA), 5 U.S.C. 

804. This rule will not result in an 

annual effect on the economy of $100 

million or more, a major increase in 

costs or prices, or significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of United States-based 

enterprises to compete with foreignbased enterprises in domestic and 

export markets. 

H. National Environmental Policy Act of 

1969 

DHS has reviewed this action under 

Department of Homeland Security 

Management Directive 023–01, which 

guides the Department in complying 

with the National Environmental Policy 

Act of 1969 (NEPA) (42 U.S.C. 4321 et 

seq.), and has concluded that this action 

is one of a category of actions that do 

not individually or cumulatively have a 

significant effect on the human 

environment. Because this action 

involves administrative processing and 

document review functions, and 

because this action merely implements 

preexisting requirements, we have 

determined that it qualifies for, inter 

alia, categorical exclusions A1 and A3 

of the Management Directive. 

I. Paperwork Reduction Act 

This rule does not contain any 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995 (44 U.S.C. 3501 et seq.). 

J. Executive Order 13526 

This final rule has been reviewed by 

the Information Security Oversight 

Office of the National Archives and 

Records Administration pursuant to 

Executive Order 13526. 

List of Subjects 

6 CFR Part 7 

Classified information, Organization, 

functions, and authority delegations. 

44 CFR Part 8 

Classified information. 

Accordingly, for the reasons set forth 

above, DHS amends 6 CFR chapter I, 

part 7, and 44 CFR chapter I, part 8, as 

follows: 

Title 6—Domestic Security 

Chapter I—Department of Homeland 

Security, Office of the Secretary 

■ 1. In Chapter I, revise part 7 to read 

as follows: 

PART 7—CLASSIFIED NATIONAL 

SECURITY INFORMATION 

Section 

7.1 Purpose. 

7.2 Scope. 

7.3 Definitions. 

Subpart A—Administration 

7.10 Authority of the DHS Chief Security 

Officer. 

7.11 Component responsibilities. 

7.12 Violations of classified information 

requirements. 

7.13 Judicial proceedings. 

Subpart B—Classified Information 

7.20 Classification and declassification 

authority. 

7.21 Classification of information, 

limitations. 

7.22 Classification pending review. 

7.23 Emergency release of classified 

information. 

7.24 Duration of classification. 

7.25 Identification and markings. 

7.26 Derivative classification. 

7.27 Declassification and downgrading. 

7.28 Automatic declassification. 

7.29 National Declassification Center. 

7.30 Documents of permanent historical 

value. 

7.31 Classification challenges. 

7.32 Mandatory declassification review. 

Authority: 5 U.S.C. 301; Pub. L. 107–296; 

E.O. 13526; 3 CFR, 1995 Comp., p. 333; E.O. 

13142, 64 FR 66089, 3 CFR, 1999 Comp., p. 

236; 32 CFR part 2001. 

§ 7.1 Purpose. 

The purpose of this part is to ensure 

that information within the Department 

of Homeland Security (DHS) relating to 

the national security is classified, 

safeguarded, and declassified pursuant 

to the provisions of Executive Order 

13526, and implementing directives 

from the Information Security Oversight 

Office (ISOO) of the National Archives 

and Records Administration (NARA). 

§ 7.2 Scope. 

(a) This part applies to all employees, 

detailees, and non-contractor personnel 

inside and outside the Executive Branch 

who are granted access to classified 

information by the DHS, in accordance 

with the standards in Executive Order 

13526, and its implementing directives, 

and Executive Order 13549, ‘‘Classified 

National Security Information Program 

for State, Local, Tribal, and Private 

Sector Entities,’’ and its implementing 

directives. 

(b) This part does not apply to 

contractors, grantees and other 


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categories of personnel falling under the 

purview of Executive Order 12829, 

National Industrial Security Program, as 

amended, and its implementing 

directives. 

(c) This part is independent of and 

does not affect any classification 

procedures or requirements of the 

Atomic Energy Act of 1954, as amended 

(42 U.S.C. 2011 et seq.). 

(d) This part does not, and is not 

intended to, create any right to judicial 

review, or any other right or benefit or 

trust responsibility, substantive or 

procedural, enforceable by a party 

against the United States, its agencies or 

instrumentalities, its officers or 

employees, or any other person. This 

part creates limited rights to 

administrative review of decisions. This 

part does not, and is not intended to, 

create any right to judicial review of 

administrative action. 

§ 7.3 Definitions. 

The terms defined or used in 

Executive Order 13526, and the 

implementing directives in 32 CFR part 

2001 and 2004 are applicable to this 

part. 

Subpart A—Administration 

§ 7.10 Authority of the DHS Chief Security 

Officer. 

(a) The DHS Chief Security Officer 

(hereafter ‘‘Chief Security Officer’’) is 

designated as the Senior Agency Official 

as required by section 5.4(d) of 

Executive Order 13526, and, except as 

specifically provided elsewhere in this 

part, is authorized to administer the 

DHS Classified National Security 

Information program pursuant to 

Executive Order 13526. 

(b) To the extent that 32 CFR part 

2001 refers to the agency head or 

‘‘designee,’’ the Chief Security Officer is 

such designee unless determined 

otherwise by the Secretary. The Chief 

Security Officer may further delegate 

the associated authorities. 

(c) The Chief Security Officer shall, 

among other actions: 

(1) Oversee and administer the DHS’s 

program established under Executive 

Order 13526; 

(2) Promulgate implementing 

regulations; 

(3) Establish and maintain DHS-wide 

security education and training 

programs, to include implementation 

and management of mandatory training 

for DHS officials who have been 

delegated original classification 

authority and those who perform 

derivative classification actions and 

suspension of such authority for failure 

to attend such training; 

(4) Establish and maintain an ongoing 

self-inspection program that shall 

include regularly reviewing 

representative samples of DHS’s original 

and derivative classification actions, 

correcting instances of misclassification, 

and reporting annually to the Director of 

ISOO on the DHS self-inspection 

program; 

(5) Establish procedures to prevent 

unnecessary access to classified 

information, including procedures that: 

(i) Require that a need for access to 

classified information is established 

before initiating administrative 

procedures to grant access; and 

(ii) Ensure that the number of persons 

granted access to classified information 

is limited to the minimum necessary for 

operational and security requirements 

and needs; 

(6) Develop special contingency plans 

for the safeguarding of classified 

information used in or near hostile or 

potentially hostile areas; 

(7) Coordinate with the DHS Chief 

Human Capital Officer, as appropriate, 

to ensure that the performance contract 

or other system used to rate personnel 

performance includes the management 

of classified information as a critical 

element or item to be evaluated in the 

rating of: 

(i) Original classification authorities; 

(ii) Security managers or security 

specialists; and 

(iii) All other personnel whose duties 

significantly involve the creation or 

handling of classified information, 

including persons who apply derivative 

classification markings; 

(8) Account for the costs associated 

with implementing this part and report 

the cost to the Director of ISOO; 

(9) Assign in a prompt manner 

personnel to respond to any request, 

appeal, challenge, complaint, or 

suggestion concerning Executive Order 

13526, that pertains to classified 

information that originated in a DHS 

component that no longer exists and for 

which there is no clear successor in 

function; 

(10) Establish a secure capability to 

receive information, allegations, or 

complaints regarding over-classification 

or incorrect classification and to provide 

a ready source for guidance on proper 

classification; 

(11) Report violations, take corrective 

measures and assess appropriate 

sanctions as warranted, in accordance 

with Executive Order 13526; 

(12) Oversee DHS creation and 

participation in special access programs 

authorized under Executive Order 

13526; 

(13) Direct and administer DHS’s 

personnel security program in 

accordance with Executive Order 12968 

and other applicable law; 

(14) Direct and administer DHS 

implementation and compliance with 

the National Industrial Security Program 

in accordance with Executive Order 

12829 and other applicable guidance; 

and 

(15) Perform any other duties as the 

Secretary may designate. 

(d) The Chief Security Officer shall 

maintain a current list of all officials 

authorized pursuant to this part to 

originally classify or declassify 

documents. 

(e) The Chief Security Officer shall 

establish and maintain a means for 

appointing, tracking, and training DHS 

officials who do or will perform original 

and derivative classification actions. 

(f) The Chief Security Officer shall 

administer a program for the 

implementation, management, and 

oversight of access to and safeguarding 

of classified information provided to 

state, local, tribal, and private sector 

personnel pursuant to Executive Order 

13549, ‘‘Classified National Security 

Information Program for State, Local, 

Tribal, and Private Sector Entities,’’ and 

its implementing directives. 

(g) Nothing in this part will be 

interpreted to abrogate or affect the 

responsibilities of the Director of 

National Intelligence under the National 

Security Act of 1947, Public Law 235 

(1947), as amended, and E.O. 12333, 

United States Intelligence Activities 

(1981), as amended, or any 

responsibilities of the Under Secretary 

for Intelligence and Analysis conferred 

by presidential or intelligence 

community directive implicating those 

authorities, insofar as those authorities 

concern classified sources, methods, 

and activities, classified national 

intelligence, or sensitive 

compartmented information and are 

executed consistent with delegations or 

designations of authority issued 

pursuant to the statutory authority of 

the Secretary. 

§ 7.11 Components’ responsibilities. 

Each DHS component shall appoint a 

security officer or security liaison to 

implement this part. The security 

officer/security liaison shall: 

(a) Implement, observe, and enforce 

security regulations or procedures 

within their component with respect to 

the classification, declassification, 

safeguarding, handling, and storage of 

classified national security information; 

(b) Report violations of the provisions 

of this part to the Chief Security Officer 

committed by employees of their 

component, as required by 

implementing directives; 


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(c) Ensure that employees of their 

component attend mandatory security 

education and training, as required by 

the DHS classified information security 

procedures, to include those component 

officials delegated the authority to 

classify information originally and those 

who perform derivative classification 

actions; 

(d) Continuously review the 

requirements for personnel access to 

classified information as a part of the 

continuous need-to-know evaluation, 

and initiate action to administratively 

withdraw or reduce the level of access 

authorized, as appropriate; and 

(e) Cooperate fully with any request 

from the Chief Security Officer for 

assistance in the implementation of this 

part. 

§ 7.12 Violations of classified information 

requirements. 

(a) Any person who suspects or has 

knowledge of a violation of this part, 

including the known or suspected loss 

or compromise of classified information, 

shall promptly report such violations or 

possible violations, pursuant to 

requirements set forth in DHS 

directives. 

(b) DHS employees and detailees may 

be reprimanded, suspended without 

pay, terminated from classification 

authority, suspended from or denied 

access to classified information, or 

subject to other sanctions in accordance 

with applicable law and DHS 

regulations or directives if they: 

(1) Knowingly, willfully, or 

negligently disclose to unauthorized 

persons information properly classified 

under Executive Order 13526, or its 

predecessor orders; 

(2) Knowingly, willfully, or 

negligently classify or continue the 

classification of information in violation 

of Executive Order 13526, or its 

implementing directives; or 

(3) Knowingly, willfully, or 

negligently create or continue a special 

access program contrary to the 

requirements of Executive Order 13526; 

or, 

(4) Knowingly, willfully, or 

negligently violate any other provision 

of Executive Order 13526, or DHS 

implementing directives, or; 

(5) Knowingly, willfully, or 

negligently grant eligibility for, or allow 

access to, classified information in 

violation of Executive Order 13526, or 

its implementing directives, this part, or 

DHS implementing directives 

promulgated by the Chief Security 

Officer. 

§ 7.13 Judicial proceedings. 

(a) Any DHS official or organization, 

except for the Office of Inspector 

General in matters involving the Office 

of Inspector General only, receiving an 

order or subpoena from a federal or state 

court, or an administrative subpoena 

from a federal agency, to produce 

classified information (see 6 CFR 5.41 

through 5.49), required to submit 

classified information for official DHS 

litigation purposes, or receiving 

classified information from another 

organization for production of such in 

litigation, shall notify the Office of the 

General Counsel, unless the demand for 

production is made by the Office of the 

General Counsel, and immediately 

determine from the agency originating 

the classified information whether the 

information can be declassified. If 

declassification is not possible, DHS 

representatives will take appropriate 

action to protect such information, 

pursuant to the provisions of this 

section. 

(b) If a determination is made under 

paragraph (a) of this section to produce 

classified information in a judicial 

proceeding in any manner, the DHS 

General Counsel attorney, or the Office 

of Inspector General attorney, if the 

matter involves the Office of Inspector 

General only, in conjunction with the 

Department of Justice, shall take 

appropriate steps to protect classified 

information in judicial proceedings and 

retrieve the information when the 

information is no longer required in 

such judicial proceedings, in 

accordance with the Department of 

Justice procedures, and in Federal 

criminal cases, pursuant to the 

requirements of Classified Information 

Procedures Act (CIPA), Public Law 96– 

456, 94 Stat. 2025, (18 U.S.C. App.), and 

the ‘‘Security Procedures Established 

Pursuant to Public Law 96–456, 94 Stat. 

2025, by the Chief Justice of the United 

States for the Protection of Classified 

Information,’’ and other applicable 

authorities. 

Subpart B—Classified Information 

§ 7.20 Classification and declassification 

authority. 

(a) Top Secret original classification 

authority may only be exercised by the 

Secretary and by officials with a 

demonstrable and continuing need to 

exercise such authority and to whom 

such authority is delegated in writing by 

the Secretary. The Chief Security 

Officer, as the Senior Agency Official, is 

delegated authority to originally classify 

information up to and including Top 

Secret. No official who is delegated Top 

Secret original classification authority 

by the Secretary may further delegate 

such authority. 

(b) The Chief Security Officer may 

delegate Secret and Confidential 

original classification authority to other 

officials with a demonstrable and 

continuing need to exercise such 

authority. No official who is delegated 

original classification authority by the 

Secretary or the Chief Security Officer 

may further delegate such authority. 

(c) Persons who are delegated original 

classification authority shall attend 

mandatory classification training within 

60 days of the delegation, and annually 

thereafter. Persons who fail to attend 

mandatory training shall have such 

authority suspended until such time as 

the training occurs. 

(1) Except for suspensions of the 

Inspector General’s classification 

authority, the Chief Security Officer 

may waive a suspension of authority for 

no longer than 60 days following the 

due date of the training when 

unavoidable circumstances exist that 

prevent the person from attending the 

training. 

(2) For cases involving suspension of 

the Inspector General’s classification 

authority under paragraph (c) of this 

section, only the Secretary or Deputy 

Secretary may waive such a suspension. 

(d) Officials authorized to classify 

information at a specified level are also 

authorized to classify information at a 

lower level. In the absence of an official 

authorized to exercise classification 

authority, the person designated to act 

in lieu of such official may exercise the 

official’s classification authority. 

(e) Declassification authority may be 

exercised by the official who authorized 

the original classification, if that official 

is still serving in the same position and 

has original classification authority; the 

originator’s current successor in 

function, if that individual has original 

classification authority; a supervisory 

official of either the originator or his or 

her successor in function, if the 

supervisory official has original 

classification authority; or officials 

delegated declassification authority by 

the Secretary or the Chief Security 

Officer. 

§ 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 


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specified in section 1.4 of Executive 

Order 13526; and 

(4) The original classification 

authority determines that the 

unauthorized disclosure of the 

information reasonably could be 

expected to cause identifiable and 

describable damage to the national 

security. 

(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 13526. No other terms 

shall be used to identify United States 

classified information except as 

otherwise provided by statute. 

(c) If there is significant doubt about 

the need to classify information it shall 

not be classified. If classification is 

warranted but there is significant doubt 

about the appropriate level of 

classification it shall be classified at the 

lower level. 

(d) Original classification decisions 

made by a DHS original classification 

authority shall be incorporated into a 

security classification guide in a timely 

manner but no later than one year from 

the date of the original decision. Such 

decisions shall be reported to the Office 

of the Chief Security Officer, 

Administrative Security Division, 

within thirty days following the original 

classification decision. 

(e) All DHS security classification 

guides shall be coordinated through and 

receive the concurrence of the Office of 

the Chief Security Officer, 

Administrative Security Division, prior 

to approval and publication by an 

original classification authority. 

(f) 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. 

(g) Information may not be 

reclassified after it has been declassified 

and released to the public under proper 

authority unless: 

(1) The reclassification is approved in 

writing by the Secretary based on a 

document-by-document determination 

that the reclassification of the 

information is required to prevent 

significant and demonstrable damage to 

the national security; 

(2) The reclassification of the 

information meets the standards and 

criteria for classification pursuant to 

Executive Order 13526; 

(3) The information may be 

reasonably recovered without bringing 

undue attention to the information; and 

(4) The reclassification action is 

reported promptly to the Assistant to 

the President for National Security 

Affairs (National Security Advisor) and 

the Director of ISOO. 

(5) For documents in the physical and 

legal custody of the National Archives 

and Records Administration that have 

previously been made available for 

public use and determined to warrant 

reclassification per paragraphs (g)(1) 

through (4) of this section, the Secretary 

shall notify the Archivist of the United 

States, who shall suspend public access 

pending approval by the Director of 

ISOO. Any such decision made by the 

Director of ISOO may be appealed by 

the Secretary to the President through 

the National Security Advisor. 

(h) 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 Presidential Records Act, 44 

U.S.C. 2204(c)(1), the Privacy Act of 

1974 (5 U.S.C. 552a), or the mandatory 

review provisions of Executive Order 

13526, section 3.5. When it is necessary 

to classify or reclassify such 

information, it shall be done so on a 

document-by-document basis with the 

personal participation of and under the 

direction of the Secretary or Deputy 

Secretary. 

§ 7.22 Classification pending review. 

(a) Whenever persons who do not 

have original classification authority 

originate or develop information that 

they believe requires immediate 

classification and safeguarding, and no 

authorized original classifier is 

available, that person shall: 

(1) Safeguard the information in a 

manner appropriate for the 

classification level they believe it to be; 

(2) Apply the appropriate overall 

classification markings; and 

(3) Within five working days, securely 

transmit the information to the 

organization that has appropriate 

subject matter interest and original 

classification authority. 

(b) When it is not clear which 

component would be the appropriate 

original classifier, the information shall 

be sent to the Office of the Chief 

Security Officer, Administrative 

Security Division, to determine the 

appropriate organization. 

(c) The applicable original 

classification authority shall decide 

within 30 days of receipt whether the 

information warrants classification 

pursuant to Executive Order 13526 and 

shall render such decision in writing. 

§ 7.23 Emergency release of classified 

information. 

(a) The DHS Undersecretary for 

Management has delegated to certain 

DHS employees the authority to disclose 

classified information to an individual 

or individuals not otherwise eligible for 

access in emergency situations when 

there is an imminent threat to life or in 

defense of the homeland. 

(b) In exercising this authority, the 

delegees shall adhere to the following 

conditions: 

(1) Limit the amount of classified 

information disclosed to a minimum to 

achieve the intended purpose; 

(2) Limit the number of individuals 

who receive it to only those persons 

with a specific need-to-know; 

(3) Transmit the classified 

information through approved 

communication channels by the most 

secure and expeditious method 

possible, or by other means deemed 

necessary in exigent circumstances; 

(4) Provide instructions about what 

specific information is classified and 

how it should be safeguarded. Physical 

custody of classified information must 

remain with an authorized Federal 

Government entity, in all but the most 

extraordinary circumstances as 

determined by the delegated official; 

(5) Provide appropriate briefings to 

the recipients on their responsibilities 

not to disclose the information and 

obtain from the recipients a signed DHS 

Emergency Release of Classified 

Information Non-disclosure Form. In 

emergency situations requiring 

immediate verbal release of information, 

the signed nondisclosure agreement 

memorializing the briefing may be 

received after the emergency abates; 

(6) Within 72 hours of the disclosure 

of classified information, or the earliest 

opportunity that the emergency permits, 

but no later than 7 days after the release, 

the disclosing authority must notify the 

DHS Office of the Chief Security Officer, 

Administrative Security Division, and 

the originating agency of the 

information disclosed. A copy of the 

signed nondisclosure agreements should 

be forwarded with the notification, or as 

soon thereafter as practical. 

(7) Release of information pursuant to 

this authority does not constitute 

declassification of the information. 

(8) Authority to disclose classified 

information under the above conditions 

may not be further delegated. 

§ 7.24 Duration of classification. 

(a) At the time of original 

classification, original classification 


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authorities shall apply a date or event in 

which the information will be 

automatically declassified. 

(b) The original classification 

authority shall attempt to establish a 

specific date or event that is not more 

than 10 years from the date of 

origination in which the information 

will be automatically declassified. If the 

original classification authority cannot 

determine an earlier specific date or 

event it shall be marked for automatic 

declassification 10 years from the date 

of origination. 

(c) If the original classification 

authority determines that the sensitivity 

of the information requires classification 

beyond 10 years, it may be marked for 

automatic declassification for up to 25 

years from the date of the original 

classification decision. 

(d) Original classification authorities 

do not have the authority to classify or 

retain the classification of information 

beyond 25 years from the date of 

origination. The only exceptions to this 

rule are information that would clearly 

and demonstrably be expected to reveal 

the identity of a confidential human 

source or human intelligence source, or, 

key design concepts of weapons of mass 

destruction. In these instances, the 

information shall be marked for 

declassification based on implementing 

directives issued pursuant to Executive 

Order 13526. In all other instances, 

classification beyond 25 years shall only 

be authorized in accordance with § 7.28 

and Executive Order 13526. 

§ 7.25 Identification and markings. 

(a) Classified information, in all 

forms, must be marked in a manner that 

is immediately apparent pursuant to the 

standards set forth in section 1.6 of 

Executive Order 13526; 32 CFR part 

2001, subpart B; and internal DHS 

guidance approved and distributed by 

the Office of the Chief Security Officer. 

(b) Foreign government information 

shall retain its original classification 

markings or be assigned a U.S. 

classification that provides a degree of 

protection at least equivalent to that 

required by the entity that furnished the 

information. 

(c) Information assigned a level of 

classification under predecessor 

Executive Orders shall remain classified 

at that level of classification, except as 

otherwise provided herein, i.e., the 

information is reclassified or 

declassified. 

§ 7.26 Derivative classification. 

(a) Derivative classification is defined 

as the incorporating, paraphrasing, 

restating, or generating in a new form 

information that is already classified, 

and marking the newly developed 

material consistent with the 

classification markings that apply to the 

source information. Information is also 

derivatively classified when 

classification is based on instructions 

provided in a security classification 

guide. 

(b) Persons need not possess original 

classification authority to derivatively 

classify information based on source 

documents or classification guides. 

(c) Persons who perform derivative 

classification actions shall be designated 

as authorized derivative classifiers as 

specified in directives published by the 

Office of the Chief Security Officer. 

(d) Persons who are designated as 

authorized derivative classifiers shall 

attend mandatory classification training 

before performing derivative 

classification actions, and once every 

two years thereafter. Persons who fail to 

attend mandatory training shall have 

such authority suspended until such 

time as the training occurs. 

(1) Except for suspensions of the 

Office of Inspector General’s 

classification authority, the Chief 

Security Officer may waive the 

suspension of authority for no longer 

than 60 days following the due date of 

the training when unavoidable 

circumstances exist that prevent the 

person from attending the training. 

(2) For cases involving suspension of 

the Office of Inspector General’s 

classification authority under paragraph 

(d) of this section, only the Secretary or 

Deputy Secretary may waive such a 

suspension. 

(e) Persons who apply derivative 

classification markings shall observe 

original classification decisions and 

carry forward to any newly created 

documents the pertinent classification 

markings. 

(f) Information classified derivatively 

from other classified information shall 

be classified and marked in accordance 

with the standards set forth in sections 

2.1 and 2.2 of Executive Order 13526, 32 

CFR part 2001, and internal DHS 

guidance provided by the Office of the 

Chief Security Officer. 

§ 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 

13526, implementing ISOO directives at 

32 CFR part 2001, subpart C, and 

applicable internal DHS direction 

provided by the Office of 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 and has original classification 

authority, the originator’s successor if 

that position has original classification 

authority, or a supervisory official of 

either if that position has original 

classification authority, or, by officials 

delegated such authority in writing by 

the Secretary or the Chief Security 

Officer, or, pursuant to section 3.1.(e) of 

Executive Order 13526, the Director of 

the Information Security Oversight 

Office. 

(c) It is presumed that information 

that continues to meet the classification 

requirements under Executive Order 

13526 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 after consulting 

with the applicable original 

classification authority and other 

components and agencies with equities, 

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. 

§ 7.28 Automatic declassification. 

(a) Subject to paragraph (b) of this 

section and paragraphs 3.3(b)–(d) and 

(g)–(j) of Executive Order 13526, all 

classified information contained in 

records that are more than 25 years old 

that have been determined to have 

permanent historical value shall be 

declassified automatically on December 

31st of the year that is 25 years from the 

date of origin. 

(b) At least one year before 

information is declassified 

automatically under this section, the 

Chief Security Officer shall notify the 

ISOO of any specific information that 


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DHS proposes to exempt from automatic 

declassification. The notification shall 

include: 

(1) A description of the information; 

(2) An explanation of why the 

information is exempt from automatic 

declassification and must remain 

classified for a longer period of time; 

and 

(3) A specific date or event for 

declassification of the information 

whenever the information exempted 

does not identify a confidential human 

source or human intelligence source, or, 

key design concepts of weapons of mass 

destruction. 

(c) Proposed exemptions under this 

section shall be forwarded to the Chief 

Security Officer. When the Chief 

Security Officer determines the 

exemption request is consistent with 

this section, he or she will submit the 

exemption request to the Executive 

Secretary of the Interagency Security 

Classification Appeals Panel (ISCAP) for 

approval. 

(d) Declassification guides that 

narrowly and precisely define exempted 

information may be used to exempt 

information from automatic 

declassification. Declassification guides 

must include the exemption notification 

information detailed in paragraph (b) of 

this section, and be approved pursuant 

to paragraph (c) of this section. The 

creation of declassification guides to 

cite proposed or ISCAP-approved DHS 

exemptions shall be coordinated 

through and processed by the Office of 

the Chief Security Officer, 

Administrative Security Division. 

§ 7.29 National Declassification Center. 

(a) The Chief Security Officer and 

applicable components will support the 

NARA, National Declassification Center 

(NDC), which was established to 

streamline declassification processes, 

facilitate quality-assurance measures, 

and implement standardized training 

regarding the declassification of records 

determined to have permanent 

historical value. The Chief Security 

Officer will assign DHS personnel on an 

as-needed basis to address 

declassification matters and priorities 

containing DHS equities. 

(b) The Office of the Chief Security 

Officer shall provide the NDC with all 

DHS classification and declassification 

guides that include ISCAP-approved 

exemptions from automatic 

declassification. 

(c) The Chief Security Officer, or his 

designee, shall oversee DHS-wide 

support to the NDC, including 

representing DHS in consultations with 

the NDC Director. 

§ 7.30 Documents of permanent historical 

value. 

The original classification authority, 

to the greatest extent possible, shall 

declassify classified information 

contained in records determined to have 

permanent historical value under 44 

U.S.C. 2107 before they are accessioned 

into the National Archives. 

§ 7.31 Classification challenges. 

(a) Authorized holders of information 

classified by DHS or any other agency 

who, in good faith, believe that specific 

information is improperly or 

unnecessarily classified are encouraged 

and expected to challenge the 

classification status of that information 

pursuant to section 1.8 of Executive 

Order 13526. Authorized holders may 

submit classification challenges in 

writing to the original classification 

authority with jurisdiction over the 

information in question. If an original 

classification authority cannot be 

determined, the challenge shall be 

submitted to the Office of the Chief 

Security Officer, Administrative 

Security Division. The challenge need 

not be more specific than a question as 

to why the information is or is not 

classified, or is classified at a certain 

level. 

(b) If anonymity of the challenger is 

requested, the challenger may submit 

the challenge to the Office of the Chief 

Security Officer, Administrative 

Security Division. The Administrative 

Security Division will act as an agent for 

the challenger and the identity of the 

challenger will be redacted. 

(c) The original classification 

authority shall no later than 60 days 

from receipt of the challenge, provide a 

written response to the submitter. The 

original classification authority may 

classify or declassify the information 

subject to the challenge and, if 

applicable, state specific reasons why 

the original classification determination 

was proper. If the original classification 

authority is not able to respond within 

60 days, he or she shall inform the 

individual who filed the challenge in 

writing of that fact, and the anticipated 

determination date. 

(d) The individual challenging the 

classification will be notified of the 

determination made by the original 

classification authority and that the 

individual may appeal this 

determination to the Chief Security 

Officer, or in cases involving appeals by 

Office of Inspector General employees, 

the Secretary or Deputy Secretary. Upon 

receipt of such appeals, the Chief 

Security Officer, or in cases involving 

appeals by Office of Inspector General 

employees, the Secretary or Deputy 

Secretary, shall convene a DHS 

Classification Appeals Panel (DHS/

CAP). The DHS/CAP shall, at a 

minimum, consist of representatives 

from the Office of the Chief Security 

Officer, the Office of General Counsel, 

and a representative from the 

component having jurisdiction over the 

information. Additional members may 

be added as determined by the Chief 

Security Officer. The DHS/CAP shall be 

chaired by the Chief Security Officer. 

(e) If the requester files an appeal 

through the DHS/CAP, and the appeal is 

denied, the requester shall be notified of 

the right to appeal the denial to the 

Interagency Security Classification 

Appeals Panel (ISCAP) pursuant to 

section 5.3 of Executive Order 13526, 

and the rules issued by the ISCAP 

pursuant to section 5.3 of Executive 

Order 13526. 

(f) Any individual who challenges a 

classification and believes that any 

action has been taken against him or her 

in retaliation or retribution because of 

that challenge may report the facts to 

the Office of Inspector General via its 

Hotline or Web site, or other appropriate 

office. 

(g) Nothing in this section shall 

prohibit a person from informally 

challenging the classified status of 

information directly to the original 

classification authority. 

(h) Classification challenge provisions 

are not applicable to documents 

required to be submitted for 

prepublication review or other 

administrative process pursuant to an 

approved non-disclosure agreement. 

(i) Requests for review of classified 

material for declassification by persons 

other than authorized holders are 

governed by § 7.32. 

§ 7.32 Mandatory declassification review. 

(a) Any individual, as ‘‘individual’’ is 

defined by 5 U.S.C. 552a(a)(2) (with the 

exception of a foreign government entity 

or any representative thereof), may 

request that classified information be 

reviewed for declassification pursuant 

to the mandatory declassification review 

provisions of section 3.5 of Executive 

Order 13526. Such requests must be 

sent to the Departmental Disclosure 

Officer, Privacy Office, 245 Murray Lane 

SW., Building 410, Washington, DC 

20528. 

(b) The request must describe the 

document or material with enough 

specificity to allow it to be located by 

the component with a reasonable 

amount of effort. Components will 

generally consider deficient any 

requests for declassification review of, 

for instance, broad categories of 


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information, entire file series of records, 

or similar non-specific requests. 

(1) When the description of the 

information in the request is deficient, 

the component shall solicit as much 

additional identifying information as 

possible from the requester. 

(2) If the information or material 

requested cannot be obtained with a 

reasonable amount of effort, the 

component shall provide the requester, 

through the DHS Disclosure Officer, 

with written notification of the reasons 

why no action will be taken and of the 

requester’s right to appeal. 

(c) Requests for review of information 

that has been subjected to a 

declassification review request within 

the preceding two years shall not be 

processed. The DHS Disclosure Officer 

will notify the requester of such denial. 

(d) Mandatory Declassification 

Review provisions are not applicable to 

documents required to be submitted for 

prepublication review or other 

administrative process pursuant to an 

approved non-disclosure agreement. 

(e) Requests for information exempted 

from search or review under sections 

701, 702, or 703 of the National Security 

Act of 1947, as added and amended (50 

U.S.C. 431–433), or other provisions of 

law, shall not be processed. The DHS 

Disclosure Officer will notify the 

requester of such denial. 

(f) If documents or material being 

reviewed for declassification under this 

section contain information that has 

been originally classified by another 

government agency, the reviewing 

authority shall notify the DHS 

Disclosure Officer. Unless the 

association of that organization with the 

requested information is itself classified, 

the DHS Disclosure Officer will then 

notify the requester of the referral. 

(g) A DHS component may refuse to 

confirm or deny the existence, or nonexistence, of requested information 

when its existence or non-existence, is 

properly classified. 

(h) DHS components shall make a 

final determination on the request as 

soon as practicable but within one year 

from receipt. When information cannot 

be declassified in its entirety, 

components shall make reasonable 

efforts to redact those portions that still 

meet the standards for classification and 

release those declassified portions of the 

requested information that constitute a 

coherent segment. 

(i) DHS components shall notify the 

DHS Disclosure Officer of the 

determination made in the processing of 

a mandatory review request. Such 

notification shall include the number of 

pages declassified in full; the number of 

pages declassified in part; and the 

number of pages where declassification 

was denied. 

(j) The DHS Disclosure Officer shall 

maintain a record of all mandatory 

review actions for reporting in 

accordance with applicable Federal 

requirements. 

(k) The mandatory declassification 

review system shall provide for 

administrative appeal in cases where 

the review results in the information 

remaining classified. The requester shall 

be notified of the results of the review 

and of the right to appeal the denial of 

declassification. To address such 

appeals, the DHS Disclosure Office shall 

convene a DHS Classification Appeals 

Panel (DHS/CAP). The DHS/CAP shall, 

at a minimum, consist of representatives 

from the Disclosure Office, the Office of 

the Chief Security Officer, the Office of 

General Counsel, and a representative 

from the component having jurisdiction 

over the information. Additional 

members may be added as determined 

by the DHS Disclosure Officer. The 

DHS/CAP shall be chaired by the DHS 

Disclosure Officer. 

(l) If the requester files an appeal 

through the DHS/CAP, and the appeal is 

denied, the requester shall be notified of 

the right to appeal the denial to the 

ISCAP pursuant to section 5.3 of 

Executive Order 13526, and the rules 

issued by the ISCAP pursuant to section 

5.3 of Executive Order 13526. 

Title 44—Emergency Management and 

Assistance 

Chapter I—Federal Emergency Management 

Agency, Department of Homeland Security 

PART 8—[REMOVED AND RESERVED] 

■ 2. Under the authority of 5 U.S.C. 301 

and E.O. 13526, remove and reserve part 

8, consisting of §§ 8.1 through 8.4. 

Jeh Charles Johnson, 

Secretary. 

[FR Doc. 2014–17836 Filed 7–29–14; 8:45 am] 

BILLING CODE 9110–9B–P 

DEPARTMENT OF AGRICULTURE 

Office of the Secretary 

7 CFR Parts 1 and 2 

Rural Utilities Service 

7 CFR Part 1700 

World Agricultural Outlook Board 

7 CFR Part 3800 

RIN 0503–AA56 

Revision of Delegations of Authority 

AGENCIES: Office of the Secretary, Rural 

Utilities Service, World Agricultural 

Outlook Board, USDA. 

ACTION: Final rule. 

SUMMARY: This document revises the 

delegations of authority from the 

Secretary of Agriculture and general 

officers of the Department of Agriculture 

(USDA) to reflect changes and additions 

to the delegations required by the 

Agricultural Act of 2014, Public Law 

113–79. Other additions, deletions, and 

changes are made as summarized below. 

DATES: Effective July 30, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Adam J. Hermann, Office of the General 

Counsel, USDA, 3311-South Bldg., 1400 

Independence Avenue SW., 

Washington, DC 20250, (202) 720–9425, 

adam.hermann@ogc.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Agricultural Act of 2014 

The Secretary of Agriculture 

(Secretary) previously delegated 

authorities under the Agricultural Act of 

2014 (Act), Public Law 113–79, in 

Secretary’s Memorandum (SM) 1076– 

005 (March 6, 2014), available at http:// 

www.ocio.usda.gov/document/

secretarys-memorandum-1076–005. 

This rule codifies those delegations and 

makes other changes to existing 

delegations required by the Act, as 

follows. Note that delegations of 

authority made by SM 1076–005 to 

conduct or prepare a one-time study, 

report, economic analysis, or similar 

activity remain in effect until such 

study, report, economic analysis, or 

similar activity is completed and, thus, 

are not reflected in this rulemaking. 

Title I of the Act provides several 

authorities that do not fit within 

existing delegations. The following 

provisions of title I are being delegated 

to the Under Secretary for Farm and 

Foreign Agricultural Services (FFAS) in 

7 CFR 2.16 and the Administrator of the 

Farm Service Agency (FSA) in 7 CFR 


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