§ 159a.31 - General provisions.

(a) Designation. Subject to the exceptions in paragraph (c) of this section, information determined to require classification protection under this part shall be so designated. Designation by means other than physical marking may be used but shall be followed by physical marking as soon as possible.

(b) Purpose of Designation. Designation by physical marking, notation, or other means serves to warn the holder about the classification of the information involved; to indicate the degree of protection against unauthorized disclosure that is required for that particular level of classification; and to facilitate downgrading and declassification actions.

(c) Exceptions. (1) No article that has appeared, in whole or in part, in newspapers, magazines or elsewhere in the public domain, or any copy thereof, that is being reviewed and evaluated to compare its content with classified information that is being safeguarded in the Department of Defense by security classification, may be marked with any security classification, control or other kind of restrictive marking. The results of the review and evaluation, if classified, shall be separate from the article in question.

(2) Classified documents and material shall be marked in accordance with paragraph (d) of this section unless the markings themselves would reveal a confidential source or relationship not otherwise evident in the document, material, or information.

(3) The marking requirements of paragraph (d) (1)(iv) and (2)(iv) of this section do not apply to documents or other material that contain, in whole or in part, Restricted Data or Formerly Restricted Data information. Such documents or other material or portions thereof shall not be declassified without approval of the Department of Energy with respect to Restricted Data or Formerly Restricted Data information, and with respect to any other national security information contained therein, the approval of the originating agency.

(d) Documents or Other Material in General. (1) At the time of original classification, the following shall be shown on the face of all originally classified documents or clearly associated with other forms of classified information in a manner appropriate to the medium involved:

(i) The identity of the original classification authority by position title, unless he or she is the signer or approver of the document;

(ii) The agency and office of origin;

(iii) The overall classification of the document;

(iv) The date or event for automatic declassification or the notation “Originating Agency's Determination Required” or “OADR”; and, if applicable,

(v) Any downgrading action to be taken and the date or event thereof.

(2) At the time of derivative classification, the following shall be shown on the face of all derivatively classified documents or clearly associated with other forms of classified information in a manner appropriate to the medium involved:

(i) The source of classification, that is, a source document or classification guide. If classification is derived from more than one source, the phrase “Multiple Sources” will be shown and the identification of each source will be maintained with the file or record copy of the document;

(ii) The agency and office of origin of the derivatively classified document;

(iii) The overall classification of the document;

(iv) The date or event for declassification or the notation “Originating Agency's Determination Required” or “OADR,” carried forward from the classification source. If the classification is derived from multiple sources, either the most remote date or event for declassification marked on the sources or if required by any source, the notation “Originating Agency's Determination Required” or “OADR” shall be shown; and, if applicable,

(v) Any downgrading action to be taken and the date or event thereof.

(3) In addition to the foregoing, classified documents shall be marked as prescribed in § 159a.32, subpart L of this part, if the document contains foreign government information, and with any applicable special notation listed in § 159a.35. Such notations shall be carried forward from source documents to derivatively classified documents when appropriate. Provides illustrated guidance on the application of classification and associated markings to documents prepared by the Department of Defense.

(4) Material other than paper documents shall show the required information on the material itself or if that is not practical, in related or accompanying documentation.

(e) Identification of Classification Authority. (1) Identification of a classification authority shall be shown on the “Classified by” line prescribed under § 159a.34(c) and shall be sufficient, standing alone, to identify a particular official, source document or classification guide.

(i) If all information in a document or material is classified as an act of original classification, the classification authority who made the determination shall be identified on the “Classified by” line, unless the classifier is also the signer or approver of the document.

(ii) If the classification of all information in a document or material is derived from a single source (for example, a source document or classification guide), the “Classified by” line shall identify the source document or classification guide, including its date when necessary to insure positive identification.

(iii) If the classification of information contained in a document or material is derived from more than one original classification authority, or an original classification authority and another source, or from more than one source document, classification guide, or combination thereof, the “Classified by” line shall be marked “Multiple Sources” and identification of all such authorities and sources shall be maintained with the file or record copy of the document.

(iv) If an official with requisite classification authority has been designated by the head of an activity to approve security classifications assigned to all information leaving the activity, the title of that designated official shall be shown on the “Classified by” line. The designated official shall maintain records adequate to support derivative classification actions.

(2) Guidance concerning the identification of the classification authority on electronically transmitted messages is contained in § 159a.32(h).

(3) Guidance concerning the identification of the classification authority on DoD documents that contain only foreign or NATO classified information is contained in § 159a.77(d).

(f) Wholly Unclassified Material. Normally, unclassified material shall not be marked or stamped “Unclassified” unless it is essential to convey to a recipient of such material that it has been examined with a view to imposing a security classification and that it has been determined that it does not require classification. However, the marking “Unclassified” may be applied to formerly classified material.