[Code of Federal Regulations]
[Title 32, Volume 1, Parts 1 to 190]
[Revised as of July 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR159a.21]

[Page 811-812]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE
 
PART 159a--INFORMATION SECURITY PROGRAM REGULATION--Table of Contents
 
                        Subpart C--Classification
 
Sec. 159a.21  Regrading.

    (a) Raising to a Higher Level of Classification. The upgrading of 
classified information to a higher level than previously determined by 
officials with

[[Page 812]]

appropriate classification authority and jurisdiction over the subject 
matter is permitted only when all known holders of the information:
    (1) Can be notified promptly of such action, and
    (2) Are authorized access to the higher level of classification, or 
the information can be retrieved from those not authorized access to 
information at the contemplated higher level of classification.
    (b) Classification of Information Previously Determined to be 
Unclassified. Unclassified information, once communicated as such, may 
be classified only when the classifying authority:
    (1) Makes the determination required for upgrading in paragraph (a) 
of this section;
    (2) Determines that control of the information has not been lost by 
such communication and can still be prevented from being lost; and
    (3) In the case of information released to secondary distribution 
centers, such as the DTIC, determines that no secondary distribution has 
been made and can still be prevented (see also Sec. 159a.15(e) (6) and 
(7)).
    (c) Notification. All known holders of information that has been 
upgraded shall be notified promptly of the upgrading action.
    (d) Downgrading. When it will serve a useful purpose, original 
classification authorities may, at the time of original classification, 
specify that downgrading of the assigned classification will occur on a 
specified date or upon the occurrence of a stated event.