---
kind: "section"
citation: "36 C.F.R. § 1260.80"
title: "36"
number: "1260.80"
heading: "What actions must NARA take when information in its physical and legal custody is reclassified after declassification under proper authority?"
url: "https://uscodex.org/cfr/36/1260.80"
---

# §1260.80. What actions must NARA take when information in its physical and legal custody is reclassified after declassification under proper authority?

- (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)](/cfr/32/2001.13.md?p=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]

## Notes

### Authority

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

Source: 76 FR 81828, Dec. 29, 2011, unless otherwise noted.