95-25363. Information Security Oversight Office; Classified National Security Information  

  • [Federal Register Volume 60, Number 198 (Friday, October 13, 1995)]
    [Rules and Regulations]
    [Pages 53492-53502]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-25363]
    
    
    
    
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    Part VI
    
    
    
    
    
    Office of Management and Budget
    
    
    
    
    
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    32 CFR Part 2001
    
    
    
    Information Security Oversight Office; Classified National Security 
    Information; Final Rule
    
    Federal Register / Vol. 60, No. 198 / Friday, October 13, 1995 / 
    Rules and Regulations
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    OFFICE OF MANAGEMENT AND BUDGET
    
    
    Information Security Oversight Office; Classified National 
    Security Information
    
    32 CFR Part 2001
    
    [Directive No. 1]
    AGENCY: Information Security Oversight Office (ISOO), Office of 
    Management and Budget (OMB).
    
    ACTION: Implementing directive; final rule.
    
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    SUMMARY: The Information Security Oversight Office, Office of 
    Management and Budget, is publishing this Directive as a final rule and 
    pursuant to Sec. 5.2 (a) and (b) of Executive Order 12958, relating to 
    classified national security information. The Executive order 
    prescribes a uniform system for classifying, safeguarding, and 
    declassifying national security information; it also establishes a 
    monitoring system to enhance its effectiveness. This Directive sets 
    forth guidance to agencies on original and derivative classification, 
    downgrading and declassification.
    
    EFFECTIVE DATE: October 14, 1995.
    
    FOR FURTHER INFORMATION CONTACT: Steven Garfinkel, Director, ISOO. 
    Telephone: 202-395-7450.
    
    SUPPLEMENTARY INFORMATION: This final rule is issued pursuant to the 
    provisions of Sec. 5.2 (a) and (b) of Executive Order 12958 published 
    April 20, 1995 (60 FR 19825). The purpose of the Directive is to assist 
    in implementing the Order; users of the Directive shall refer 
    concurrently to that Order for guidance. As of October 1, 1994, ISOO 
    became a part of OMB. The Director of OMB delegated the implementation 
    and monitorship functions of this program to the Director of ISOO. The 
    drafting and coordination of this Directive fulfills one of the 
    responsibilities of implementation delegated to the Director of ISOO.
    
    List of Subjects in 32 CFR Part 2001
    
        Archives and records, Authority delegations (Government agencies), 
    Classified information, Executive orders, Freedom of information, 
    Information, Intelligence, National defense, National security 
    information, Presidential documents, Security information, Security 
    measures.
    
        Title 32 of the Code of Federal Regulations, part 2001, is revised 
    to read as follows:
    
    PART 2001--CLASSIFIED NATIONAL SECURITY INFORMATION
    
    Subpart A--Classification
    
    Sec.
    2001.10  Classification definitions and standards [1.1 and 1.2].
    2001.11  Classification authority [1.4].
    2001.12  Duration of classification [1.6].
    2001.13  Classification challenges [1.9].
    2001.14  Classification guides [2.3].
    
    Subpart B--Identification and Markings
    
    2001.20  General [1.7].
    2001.21  Original classification [1.7(a)].
    2001.22  Derivative classification [2.2].
    2001.23  Additional requirements [1.7].
    2001.24  Declassification markings [Reserved].
    
    Subpart C--Self-Inspections
    
    2001.30  General [5.6].
    2001.31  Coverage [5.6(c)(4)].
    
    Subpart D--Security Education and Training
    
    2001.40  General [5.6].
    2001.41  Coverage [5.6(c)(3)].
    
    Subpart E--Declassification
    
    2001.50  Definition [3.1].
    2001.51  Automatic declassification [3.4].
    2001.52  Systematic declassification review [3.5].
    2001.53  Declassification guides [3.5(b)].
    2001.54  Mandatory review for declassification [3.6, 3.7].
    
    Subpart F--Reporting
    
    2001.60  Statistical reporting [5.3].
    2001.61  Accounting for costs [5.6(c)(8)].
    2001.62  Effective date [6.2].
    
        Authority: Section 5.2 (a) and (b), E.O. 12958, 60 FR 19825, 
    April 20, 1995.
    
    Subpart A--Classification
    
    
    Sec. 2001.10  Classification definitions and standards [1.1 and 
    1.2].\1\
    
        (a) Definitions. (1) An original classification authority with 
    jurisdiction over the information includes:
    
        \1\ Bracketed references pertain to related sections of 
    Executive Order 12958.
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        (i) The official who authorized the original classification, if 
    that official is still serving in the same position;
        (ii) The originator's current successor in function;
        (iii) A supervisory official of either; or
        (iv) The senior agency official under Executive Order 12958 (``the 
    Order'').
        (2) Permanently valuable information or permanent historical value 
    refers to information contained in:
        (i) Records that have been accessioned into the National Archives 
    of the United States;
        (ii) Records that have been scheduled as permanent under a records 
    retention schedule approved by the National Archives and Records 
    Administration (NARA); and
        (iii) Presidential historical materials, presidential records or 
    donated historical materials located in the National Archives of the 
    United States, a presidential library, or any other approved 
    repository.
        (b) Identifying or describing damage to the national security. 
    Section 1.2(a) of the Order sets forth the conditions for classifying 
    information in the first instance. One of these conditions, the ability 
    to identify or describe the damage to the national security, is 
    critical to the process of making an original classification decision. 
    There is no requirement, at the time of the decision, for the original 
    classification authority to prepare a written description of such 
    damage. However, the original classification authority must be able to 
    support the decision in writing, including identifying or describing 
    the damage, should the classification decision become the subject of a 
    challenge or access demand.
    
    
    Sec. 2001.11  Classification authority [1.4].
    
        (a) General. Agencies with original classification authority shall 
    establish a training program for original classifiers in accordance 
    with subpart D of this part.
        (b) Requests for original classification authority. Agencies not 
    possessing such authority shall forward requests to the Director of the 
    Information Security Oversight Office (ISOO). The agency head must make 
    the request and shall provide a specific justification of the need for 
    this authority. The Director of ISOO shall forward the request, along 
    with the Director's recommendation, to the President through the 
    Director of the Office of Management and Budget within 30 days. 
    Agencies wishing to increase their assigned level of original 
    classification authority shall forward requests in accordance with the 
    procedures of this section.
    
    
    Sec. 2001.12  Duration of classification [1.6].
    
        (a) Determining duration of classification for information 
    originally classified under the Order--(1) Establishing duration of 
    classification. When determining the duration of classification for 
    information originally classified under this Order, an original 
    classification authority shall follow the sequence listed in paragraphs 
    (a)(1)(i), (ii), and (iii) of this section.
        (i) The original classification authority shall attempt to 
    determine a date or event that is less than 10 years from the date of 
    original classification and which coincides with the lapse of the 
    information's national security sensitivity, and shall assign such date 
    or event as the declassification instruction. 
    
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        (ii) If unable to determine a date or event of less than 10 years, 
    the original classification authority shall ordinarily assign a 
    declassification date that is 10 years from the date of the original 
    classification decision.
        (iii) The original classification authority may assign an exemption 
    designation to the information only if the information qualifies for 
    exemption from automatic declassification as described in section 
    1.6(d) of the Order. Unless declassified earlier, such information 
    contained in records determined by the Archivist of the United States 
    to be permanently valuable shall remain classified for 25 years from 
    the date of its origin, at which time it will be subject to section 3.4 
    of the Order.
        (2) Extending duration of classification for information originally 
    classified under the Order. Extensions of classification are not 
    automatic. If an original classification authority with jurisdiction 
    over the information does not extend the classification of information 
    assigned a date or event for declassification, the information is 
    automatically declassified upon the occurrence of the date or event. If 
    an original classification authority has assigned a date or event for 
    declassification that is 10 years or less from the date of 
    classification, an original classification authority with jurisdiction 
    over the information may extend the classification duration of such 
    information for additional periods not to exceed 10 years at a time.
        (i) For information in records determined to have permanent 
    historical value, successive extensions may not exceed a total of 25 
    years from the date of the information's origin. Continued 
    classification of this information beyond 25 years is governed by 
    section 3.4 of the Order.
        (ii) For information in records not determined to have permanent 
    historical value, successive extensions may exceed 25 years from the 
    date of the information's origin.
        (3) Conditions for extending classification. When extending the 
    duration of classification, the original classification authority must:
        (i) Be an original classification authority with jurisdiction over 
    the information;
        (ii) Ensure that the information continues to meet the standards 
    for classification under the Order; and
        (iii) Make reasonable attempts to notify all known holders of the 
    information.
        (b) Information classified under prior orders.--(1) Specific date 
    or event. Unless declassified earlier, information marked with a 
    specific date or event for declassification under a prior order is 
    automatically declassified upon that date or event. However, if the 
    information is contained in records determined by the Archivist of the 
    United States to be permanently valuable, and the prescribed date or 
    event will take place more than 25 years from the information's origin, 
    the declassification of the information will instead be subject to 
    section 3.4 of the Order.
        (2) Indefinite duration of classification. For information marked 
    ``Originating Agency's Determination Required,'' its acronym ``OADR,'' 
    or with some other marking indicating an indefinite duration of 
    classification under a prior order:
        (i) A declassification authority, as defined in section 3.1 of the 
    Order, may declassify it;
        (ii) An authorized original classification authority with 
    jurisdiction over the information may re-mark the information to 
    establish a duration of classification consistent with the requirements 
    for information originally classified under the Order, as provided in 
    paragraph (a) of this section; or
        (iii) Unless declassified earlier, such information contained in 
    records determined by the Archivist of the United States to be 
    permanently valuable shall remain classified for 25 years from the date 
    of its origin, at which time it will be subject to section 3.4 of the 
    Order.
        (c) Foreign government information. The declassifying agency is the 
    agency that initially received or classified the information. When 
    foreign government information is being considered for declassification 
    or appears to be subject to automatic declassification, the 
    declassifying agency shall determine whether the information is subject 
    to a treaty or international agreement that would prevent its 
    declassification at that time. Depending on the age of the information 
    and whether it is contained in permanently valuable records, the 
    declassifying agency shall also determine if another exemption under 
    section 1.6(d) (other than section 1.6(d)(5)) or 3.4(b) of the Order, 
    such as the exemptions that pertain to United States foreign relations, 
    may apply to the information. If the declassifying agency believes such 
    an exemption may apply, it should consult with any other concerned 
    agencies in making its declassification determination. The 
    declassifying agency or the Department of State, as appropriate, should 
    consult with the foreign government prior to declassification.
        (d) Determining when information is subject to automatic 
    declassification. The ``date of the information's origin'' or ``the 
    information's origin,'' as used in the Order and this part, pertains to 
    the date that specific information, which is contemporaneously or 
    subsequently classified, is first recorded in an agency's records, or 
    in presidential historical materials, presidential records or donated 
    historical materials. The following examples illustrate this process:
    
        Example 1. An agency first issues a classification guide on the 
    F-99 aircraft on October 20, 1995. The guide states that the fact 
    that the F-99 aircraft has a maximum velocity of 500 m.p.h. shall be 
    classified at the ``Secret'' level for a period of ten years. A 
    document dated July 10, 1999, is classified because it includes the 
    maximum velocity of the F-99. The document should be marked for 
    declassification on October 20, 2005, ten years after the specific 
    information was first recorded in the guide, not on July 10, 2009, 
    ten years after the derivatively classified document was created.
        Example 2. An agency classification guide issued on October 20, 
    1995, states that the maximum velocity of any fighter aircraft shall 
    be classified at the ``Secret'' level for a period of ten years. The 
    agency first records the specific maximum velocity of the new F-88 
    aircraft on July 10, 1999. The document should be marked for 
    declassification on July 10, 2009, ten years after the specific 
    information is first recorded, and not on October 20, 2005, ten 
    years after the date of the guide's generic instruction.
    
    
    Sec. 2001.13  Classification challenges [1.9].
    
        (a) Challenging classification. Authorized holders wishing to 
    challenge the classification status of information shall present such 
    challenges to an original classification authority with jurisdiction 
    over the information. An authorized holder is any individual, including 
    an individual external to the agency, who has been granted access to 
    specific classified information in accordance with section 4.2(g) of 
    the Order. A formal challenge under this provision must be in writing, 
    but need not be any more specific than to question why information is 
    or is not classified, or is classified at a certain level.
        (b) Agency procedures. (1) Because the Order encourages authorized 
    holders to challenge classification as a means for promoting proper and 
    thoughtful classification actions, agencies shall ensure that no 
    retribution is taken against any authorized holders bringing such a 
    challenge in good faith.
        (2) Agencies shall establish a system for processing, tracking and 
    recording formal classification challenges made by authorized holders. 
    Agencies shall consider classification challenges 
    
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    separately from Freedom of Information Act or other access requests, 
    and shall not process such challenges in turn with pending access 
    requests.
        (3) The agency shall provide an initial written response to a 
    challenge within 60 days. If the agency is unable to respond to the 
    challenge within 60 days, the agency must acknowledge the challenge in 
    writing, and provide a date by which the agency will respond. The 
    acknowledgment must include a statement that if no agency response is 
    received within 120 days, the challenger has the right to forward the 
    challenge to the Interagency Security Classification Appeals Panel for 
    a decision. The challenger may also forward the challenge to the 
    Interagency Security Classification Appeals Panel if an agency has not 
    responded to an internal appeal within 90 days of the agency's receipt 
    of the appeal. Agency responses to those challenges it denies shall 
    include the challenger's appeal rights to the Interagency Security 
    Classification Appeals Panel.
        (4) Whenever an agency receives a classification challenge to 
    information that has been the subject of a challenge within the past 
    two years, or that is the subject of pending litigation, the agency is 
    not required to process the challenge beyond informing the challenger 
    of this fact and of the challenger's appeal rights, if any.
        (c) Additional considerations. (1) Challengers and agencies shall 
    attempt to keep all challenges, appeals and responses unclassified. 
    However, classified information contained in a challenge, an agency 
    response, or an appeal shall be handled and protected in accordance 
    with the Order and its implementing directives. Information being 
    challenged for classification shall remain classified unless and until 
    a final decision is made to declassify it.
        (2) The classification challenge provision is not intended to 
    prevent an authorized holder from informally questioning the 
    classification status of particular information. Such informal 
    inquiries should be encouraged as a means of holding down the number of 
    formal challenges.
    
    
    Sec. 2001.14  Classification guides [2.3].
    
        (a) Preparation of classification guides. Originators of 
    classification guides are encouraged to consult users of guides for 
    input when developing or updating guides. When possible, originators of 
    classification guides are encouraged to communicate within their 
    agencies and with other agencies that are developing guidelines for 
    similar activities to ensure the consistency and uniformity of 
    classification decisions. Each agency shall maintain a list of its 
    classification guides in use.
        (b) General content of classification guides. Classification guides 
    shall, at a minimum:
        (1) Identify the subject matter of the classification guide;
        (2) Identify the original classification authority by name or 
    personal identifier, and position;
        (3) Identify an agency point-of-contact or points-of-contact for 
    questions regarding the classification guide;
        (4) Provide the date of issuance or last review;
        (5) State precisely the elements of information to be protected;
        (6) State which classification level applies to each element of 
    information, and, when useful, specify the elements of information that 
    are unclassified;
        (7) State, when applicable, special handling caveats;
        (8) Prescribe declassification instructions or the exemption 
    category from automatic declassification for each element of 
    information;
        (9) Specify, when citing the exemption category listed in section 
    1.6(d)(8) of the Order, the applicable statute, treaty or international 
    agreement; and
        (10) State a concise reason for classification which, at a minimum, 
    cites the applicable classification category or categories in section 
    1.5 of the Order.
        (c) Dissemination of classification guides. Classification guides 
    shall be disseminated as widely as necessary to ensure the proper and 
    uniform derivative classification of information.
        (d) Reviewing and updating classification guides. (1) 
    Classification guides, including guides created under prior orders, 
    shall be reviewed and updated as circumstances require, but, in any 
    event, at least once every five years. Updated instructions for guides 
    first created under prior orders shall comply with the requirements of 
    the Order and this part.
        (2) Originators of classification guides are encouraged to consult 
    the users of guides for input when reviewing or updating guides. Also, 
    users of classification guides are encouraged to notify the originator 
    of the guide when they acquire information that suggests the need for 
    change in the instructions contained in the guide.
    
    Subpart B--Identification and Markings
    
    
    Sec. 2001.20  General [1.7].
    
        A uniform security classification system requires that standard 
    markings be applied to classified information. Except in extraordinary 
    circumstances, or as approved by the Director of ISOO, the marking of 
    classified information created after October 14, 1995, shall not 
    deviate from the following prescribed formats. If markings cannot be 
    affixed to specific classified information or materials, the originator 
    shall provide holders or recipients of the information with written 
    instructions for protecting the information. Markings shall be 
    uniformly and conspicuously applied to leave no doubt about the 
    classified status of the information, the level of protection required, 
    and the duration of classification.
    
    
    Sec. 2001.21  Original classification [1.7(a)].
    
        (a) Primary markings. On the face of each originally classified 
    document, including electronic media, the classifier shall apply the 
    following markings.
        (1) Classification authority. The name or personal identifier, and 
    position title of the original classifier shall appear on the 
    ``Classified By'' line. An example might appear as:
    
    Classified By: David Smith, Chief, Division 5 or
    Classified By: ID#IMNO1, Chief, Division 5
    
        (2) Agency and office of origin. If not otherwise evident, the 
    agency and office of origin shall be identified and placed below the 
    name on the ``Classified By'' line. An example might appear as:
    
    Classified By: David Smith, Chief, Division 5 Department of Good 
    Works, Office of Administration
    
        (3) Reason for classification. The original classifier shall 
    identify the reason(s) for the decision to classify. The classifier 
    shall include, at a minimum, a brief reference to the pertinent 
    classification category(ies), or the number 1.5 plus the letter(s) that 
    corresponds to that classification category in section 1.5 of the 
    Order.
        (i) These categories, as they appear in the Order, are as follows:
    
        (a) military plans, weapons, or operations;
        (b) foreign government information;
        (c) intelligence activities (including special activities), 
    intelligence sources or methods, or cryptology;
        (d) foreign relations or foreign activities of the United 
    States, including confidential sources;
        (e) scientific, technological, or economic matters relating to 
    the national security;
        (f) United States Government programs for safeguarding nuclear 
    materials or facilities; or
        (g) vulnerabilities or capabilities of systems, installations, 
    projects or plans relating to the national security.
    
        (ii) An example might appear as:
    
    
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    Classified By: David Smith, Chief, Division 5, Department of Good 
    Works, Office of Administration
    Reason: Vulnerabilities or capabilities of plans relating to the 
    national security or
    Reason: 1.5(g)
    
        (iii) When the reason for classification is not apparent from the 
    content of the information, e.g., classification by compilation, the 
    classifier shall provide a more detailed explanation of the reason for 
    classification.
        (4) Declassification instructions. The duration of the original 
    classification decision shall be placed on the ``Declassify On'' line. 
    The classifier will apply one of the following instructions.
        (i) The classifier will apply a date or event for declassification 
    that corresponds to the lapse of the information's national security 
    sensitivity, which may not exceed 10 years from the date of the 
    original decision. When linking the duration of classification to a 
    specific date or event, mark that date or event as:
    
    Classified By: David Smith, Chief, Division 5, Department of Good 
    Works, Office of Administration
    Reason: 1.5(g)
    Declassify On: October 14, 2004 or
    Declassify On: Completion of Operation
    
        (ii) When a specific date or event within 10 years cannot be 
    established, the classifier will apply the date that is 10 years from 
    the date of the original decision. For example, on a document that 
    contains information classified on October 14, 1995, mark the 
    ``Declassify On'' line as:
    
    Classified By: David Smith, Chief, Division 5, Department of Good 
    Works, Office of Administration
    Reason: 1.5(g)
    Declassify On: October 14, 2005
    
        (iii) Upon the determination that the information must remain 
    classified beyond 10 years, the classifier will apply the letter ``X'' 
    plus a brief recitation of the exemption category(ies), or the letter 
    ``X'' plus the number that corresponds to that exemption category(ies) 
    in section 1.6(d) of the Order.
        (A) Exemption categories in E.O. 12958.
    
        X1: reveal an intelligence source, method, or activity, or a 
    cryptologic system or activity;
        X2: reveal information that would assist in the development or 
    use of weapons of mass destruction;
        X3: reveal information that would impair the development or use 
    of technology within a United States weapons system;
        X4: reveal United States military plans, or national security 
    emergency preparedness plans;
        X5: reveal foreign government information;
        X6: damage relations between the United States and a foreign 
    government, reveal a confidential source, or seriously undermine 
    diplomatic activities that are reasonably expected to be ongoing for 
    a period greater than that provided in paragraph (b) above, [section 
    1.6(b) of the Order];
        X7: impair the ability of responsible United States Government 
    officials to protect the President, the Vice President, and other 
    individuals for whom protection services, in the interest of 
    national security, are authorized; or
        X8: violate a statute, treaty, or international agreement.
    
        (B) Example. A document containing information exempted from 
    automatic declassification may appear as:
    
    Classified By: David Smith, Chief, Division 5, Department of Good 
    Works, Office of Administration
    Reason: 1.5(g)
    Declassify On: X-U.S. military plans or
    Declassify On: X4
    
        (b) Overall marking. The highest level of classified information 
    contained in a document shall appear in a way that will distinguish it 
    clearly from the informational text.
        (1) Conspicuously place the overall classification at the top and 
    bottom of the outside of the front cover (if any), on the title page 
    (if any), on the first page, and on the outside of the back cover (if 
    any).
        (2) For documents containing information classified at more than 
    one level, the overall marking shall be the highest level. For example, 
    if a document contains some information marked ``Secret'' and other 
    information marked ``Confidential,'' the overall marking would be 
    ``Secret.''
        (3) Each interior page of a classified document shall be marked at 
    the top and bottom either with the highest level of classification of 
    information contained on that page, including the designation 
    ``Unclassified'' when it is applicable, or with the highest overall 
    classification of the document.
        (c) Portion marking. Each portion of a document, ordinarily a 
    paragraph, but including subjects, titles, graphics and the like, shall 
    be marked to indicate its classification level by placing a 
    parenthetical symbol immediately preceding or following the portion to 
    which it applies.
        (1) To indicate the appropriate classification level, the symbols 
    ``(TS)'' for Top Secret, ``(S)'' for Secret, ``(C)'' for Confidential, 
    and ``(U)'' for Unclassified shall be used.
        (2) Unless the original classification authority indicates 
    otherwise on the document, each classified portion of a document 
    exempted from automatic declassification shall be presumed to be 
    exempted from automatic declassification also.
        (3) An agency head or senior agency official may request a waiver 
    from the portion marking requirement for a specific category of 
    information. Such a request shall be submitted to the Director of ISOO 
    and should include the reasons that the benefits of portion marking are 
    outweighed by other factors. Statements citing administrative burden 
    alone will ordinarily not be viewed as sufficient grounds to support a 
    waiver.
        (d) Classification extensions. (1) An original classification 
    authority may extend the duration of classification for successive 
    periods not to exceed 10 years at a time. For information contained in 
    records determined to be permanently valuable, multiple extensions 
    shall not exceed 25 years from the date of the information's origin.
        (2) The ``Declassify On'' line shall be revised to include the new 
    declassification instructions, and shall include the identity of the 
    person authorizing the extension and the date of the action.
        (3) The office of origin shall make reasonable attempts to notify 
    all holders of such information. Classification guides shall be updated 
    to reflect such revisions.
        (4) An example of an extended duration of classification may appear 
    as:
    
    Classified By: David Smith, Chief, Division 5, Department of Good 
    Works, Office of Administration
    Reason: 1.5(g)
        Declassify On: Classification extended on December 1, 2000, 
    until December 1, 2010, by David Jones, Chief, Division 5
    
        (e) Marking information exempted from automatic declassification at 
    25 years. (1) When an agency head or senior agency official exempts 
    permanently valuable information from automatic declassification at 25 
    years, the ``Declassify On'' line shall be revised to include the 
    symbol ``25X'' plus a brief reference to the pertinent exemption 
    category(ies) or the number(s) that corresponds to that category(ies) 
    in section 3.4(b) of the Order. Other than when the exemption pertains 
    to the identity of a confidential human source, or a human intelligence 
    source, the revised ``Declassify On'' line shall also include the new 
    date or event for declassification.
        (2) The pertinent exemptions, using the language of section 3.4(b) 
    of the Order, are:
    
        25X1: reveal the identity of a confidential human source, or 
    reveal information about the application of an intelligence source 
    or 
    
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    method, or reveal the identity of a human intelligence source when the 
    unauthorized disclosure of that source would clearly and 
    demonstrably damage the national security interests of the United 
    States;
        25X2: reveal information that would assist in the development or 
    use of weapons of mass destruction;
        25X3: reveal information that would impair U.S. cryptologic 
    systems or activities;
        25X4: reveal information that would impair the application of 
    state-of-the-art technology within a U.S. weapon system;
        25X5: reveal actual U.S. military war plans that remain in 
    effect;
        25X6: reveal information that would seriously and demonstrably 
    impair relations between the United States and a foreign government, 
    or seriously and demonstrably undermine ongoing diplomatic 
    activities of the United States;
        25X7: reveal information that would clearly and demonstrably 
    impair the current ability of United States Government officials to 
    protect the President, Vice President, and other officials for whom 
    protection services, in the interest of national security, are 
    authorized;
        25X8: reveal information that would seriously and demonstrably 
    impair current national security emergency preparedness plans; or
        25X9: violate a statute, treaty, or international agreement.
    
        (3) The pertinent portion of the marking would appear as:
    
    Declassify On: 25X-State-of-the-art technology within U.S. weapon 
    system, October 1, 2010 or
    Declassify On: 25X4, October 1, 2010
    
        (4) Documents should not be marked with a ``25X'' marking until the 
    agency has been informed that the President or the Interagency Security 
    Classification Appeals Panel concurs with the proposed exemption.
        (5) Agencies need not apply a ``25X'' marking to individual 
    documents contained in a file series exempted from automatic 
    declassification under section 3.4(c) of the Order until the individual 
    document is removed from the file.
    
    
    Sec. 2001.22  Derivative classification [2.2].
    
        (a) General. Information classified derivatively on the basis of 
    source documents or classification guides shall bear all markings 
    prescribed in Sec. 2001.20 and Sec. 2001.21, except as provided in this 
    section. Information for these markings shall be carried forward from 
    the source document or taken from instructions in the appropriate 
    classification guide.
        (b) Source of derivative classification. (1) The derivative 
    classifier shall concisely identify the source document or the 
    classification guide on the ``Derived From'' line, including the agency 
    and, where available, the office of origin, and the date of the source 
    or guide. An example might appear as:
    
    Derived From: Memo, ``Funding Problems,'' October 20, 1995, Ofc. of 
    Admin., Department of Good Works or
    Derived From: CG No. 1, Department of Good Works, dated October 20, 
    1995
    
        (i) When a document is classified derivatively on the basis of more 
    than one source document or classification guide, the ``Derived From'' 
    line shall appear as:
    
    Derived From: Multiple Sources
    
        (ii) The derivative classifier shall maintain the identification of 
    each source with the file or record copy of the derivatively classified 
    document. When practicable, this list should be included in or with all 
    copies of the derivatively classified document.
        (2) A document derivatively classified on the basis of a source 
    document that is itself marked ``Multiple Sources'' shall cite the 
    source document on its ``Derived From'' line rather than the term 
    ``Multiple Sources.'' An example might appear as:
    
    Derived From: Report entitled, ``New Weapons,'' dated October 20, 
    1995, Department of Good Works, Office of Administration
    
        (c) Reason for classification. The reason for the original 
    classification decision, as reflected in the source document(s) or 
    classification guide, is not required to be transferred in a derivative 
    classification action. If included, however, it shall conform to the 
    standards in Sec. 2001.21(a)(3).
        (d) Declassification instructions. (1) The derivative classifier 
    shall carry forward the instructions on the ``Declassify On'' line from 
    the source document to the derivative document, or the duration 
    instruction from the classification guide.
        (2) When a document is classified derivatively on the basis of more 
    than one source document or more than one element of a classification 
    guide, the ``Declassify On'' line shall reflect the longest duration of 
    any of its sources.
        (i) When a document is classified derivatively from a source 
    document(s) or classification guide that contains the declassification 
    instruction, ``Originating Agency's Determination Required,'' or 
    ``OADR,'' unless otherwise instructed by the original classifier, the 
    derivative classifier shall carry forward:
        (A) The fact that the source document(s) was marked with this 
    instruction; and
        (B) The date of origin of the most recent source document(s), 
    classification guide, or specific information, as appropriate to the 
    circumstances.
        (ii) An example might appear as:
    
    Declassify On: Source marked ``OADR'', Date of source: October 20, 
    1990
    
        (iii) This marking will permit the determination of when the 
    classified information is 25 years old and, if permanently valuable, 
    subject to automatic declassification under section 3.4 of the Order.
        (e) Overall marking. The derivative classifier shall conspicuously 
    mark the classified document with the highest level of classification 
    of information included in the document, as provided in 
    Sec. 2001.21(b).
        (f) Portion marking. Each portion of a derivatively classified 
    document shall be marked in accordance with its source, and as provided 
    in Sec. 2001.21(c).
    
    
    Sec. 2001.23  Additional requirements [1.7].
    
        (a) Marking prohibitions. Markings other than ``Top Secret,'' 
    ``Secret,'' and ``Confidential,'' such as ``For Official Use Only,'' or 
    ``Limited Official Use,'' shall not be used to identify classified 
    national security information. No other term or phrase shall be used in 
    conjunction with these markings, such as ``Secret Sensitive'' or 
    ``Agency Confidential,'' to identify classified national security 
    information. The terms ``Top Secret,'' ``Secret,'' and ``Confidential'' 
    should not be used to identify non-classified executive branch 
    information.
        (b) Agency prescribed special markings. Agencies shall refrain from 
    the use of special markings when they merely restate or emphasize the 
    principles and standards of the Order and this part. Upon request, the 
    senior agency official shall provide the Director of ISOO with a 
    written explanation for the use of agency special markings.
        (c) Transmittal documents. A transmittal document shall indicate on 
    its face the highest classification level of any classified information 
    attached or enclosed. The transmittal shall also include conspicuously 
    on its face the following or similar instructions, as appropriate:
    
    Unclassified When Classified Enclosure Removed or Upon Removal of 
    Attachments, This Document is (Classification Level)
    
        (d) Foreign government information. Documents that contain foreign 
    government information shall include the marking, ``This Document 
    Contains (indicate country of origin) Information.'' The portions of 
    the document that contain the foreign government information shall be 
    marked to indicate the government and classification level, e.g., 
    ``(UK-C).'' If the identity of the specific government must 
    
    [[Page 53497]]
    be concealed, the document shall be marked, ``This Document Contains 
    Foreign Government Information,'' and pertinent portions shall be 
    marked ``FGI'' together with the classification level, e.g., ``(FGI-
    C).'' In such cases, a separate record that identifies the foreign 
    government shall be maintained in order to facilitate subsequent 
    declassification actions. When classified records are transferred to 
    the National Archives and Records Administration for storage or 
    archival purposes, the accompanying documentation shall, at a minimum, 
    identify the boxes that contain foreign government information. If the 
    fact that information is foreign government information must be 
    concealed, the markings described in this paragraph shall not be used 
    and the document shall be marked as if it were wholly of U.S. origin.
        (e) Working papers. A working paper is defined as documents or 
    materials, regardless of the media, which are expected to be revised 
    prior to the preparation of a finished product for dissemination or 
    retention. Working papers containing classified information shall be 
    dated when created, marked with the highest classification of any 
    information contained in them, protected at that level, and destroyed 
    when no longer needed. When any of the following conditions applies, 
    working papers shall be controlled and marked in the same manner 
    prescribed for a finished document at the same classification level:
        (1) Released by the originator outside the originating activity;
        (2) Retained more than 180 days from the date of origin; or
        (3) Filed permanently.
        (f) Other material. Bulky material, equipment and facilities, etc., 
    shall be clearly identified in a manner that leaves no doubt about the 
    classification status of the material, the level of protection 
    required, and the duration of classification. Upon a finding that 
    identification would itself reveal classified information, such 
    identification is not required. Supporting documentation for such a 
    finding must be maintained in the appropriate security facility and in 
    any applicable classification guide.
        (g) Unmarked materials. Information contained in unmarked records, 
    or presidential or related materials, and which pertains to the 
    national defense or foreign relations of the United States and has been 
    maintained and protected as classified information under prior orders 
    shall continue to be treated as classified information under the Order, 
    and is subject to its provisions regarding declassification.
    
    
    Sec. 2001.24  Declassification markings [Reserved].
    
    Subpart C--Self-Inspections
    
    
    Sec. 2001.30  General [5.6].
    
        (a) Purpose. This subpart sets standards for establishing and 
    maintaining an ongoing agency self-inspection program, which shall 
    include the periodic review and assessment of the agency's classified 
    product. ``Self-inspection'' means the internal review and evaluation 
    of individual agency activities and the agency as a whole with respect 
    to the implementation of the program established under the Order.
        (b) Applicability. These standards are binding on all executive 
    branch agencies that create or handle classified information. Pursuant 
    to Executive Order 12829, the National Industrial Security Program 
    Operating Manual (NISPOM) prescribes the security requirements, 
    restrictions and safeguards applicable to industry, including the 
    conduct of contractor self-inspections. The standards established in 
    the NISPOM should be consistent with the standards prescribed in 
    Executive Order 12958 and this part.
        (c) Responsibility. The senior agency official is responsible for 
    the agency's self-inspection program. The senior agency official shall 
    designate agency personnel to assist in carrying out this 
    responsibility.
        (d) Approach. The official(s) responsible for the program shall 
    determine the means and methods for the conduct of self-inspections. 
    These may include:
        (1) A review of relevant security directives, guides and 
    instructions;
        (2) Interviews with producers and users of classified information;
        (3) A review of access and control records and procedures; and
        (4) A review of a sample of classified documents generated by 
    agency activities.
        (e) Frequency. The official(s) responsible for the program shall 
    set the frequency of self-inspections on the basis of program needs and 
    the degree of classification activity. Activities that originate 
    significant amounts of classified information should conduct at least 
    one document review per year.
        (f) Reporting. The format for documenting findings shall be set by 
    the official(s) responsible for the program.
    
    
    Sec. 2001.31  Coverage [5.6(c)(4)].
    
        (a) General. These standards are not all-inclusive. Each agency may 
    expand upon the coverage according to program and policy needs. Each 
    self-inspection of an agency activity need not include all the elements 
    covered in this section. Agencies without original classification 
    authority need not include in their self-inspections those elements of 
    coverage pertaining to original classification.
        (b) Elements of coverage.
        (1) Original classification.
        (i) Evaluate original classifiers' general understanding of the 
    process of original classification, including the:
        (A) Applicable standards for classification;
        (B) Levels of classification and the damage criteria associated 
    with each; and
        (C) Required classification markings.
        (ii) Determine if delegations of original classification authority 
    conform with the requirements of the Order, including whether:
        (A) Delegations are limited to the minimum required to administer 
    the program;
        (B) Designated original classifiers have a demonstrable and 
    continuing need to exercise this authority;
        (C) Delegations are in writing and identify the official by name or 
    position title; and
        (D) New requests for delegation of classification authority are 
    justified.
        (iii) Assess original classifiers' familiarity with the duration of 
    classification requirements, including:
        (A) Assigning a specific date or event for declassification when 
    possible;
        (B) Establishing ordinarily a maximum 10-year duration of 
    classification when an earlier date or event cannot be determined;
        (C) Limiting extensions of classification for specific information 
    for successive periods not to exceed 10 years at a time; and
        (D) Exempting from declassification within 10 years specific 
    information as provided in section 1.6 of the Order.
        (iv) Conduct a review of a sample of classified information 
    generated by the inspected activity to determine the propriety of 
    classification and the application of proper and full markings.
        (v) Evaluate classifiers' actions to comply with the standards 
    specified in Sec. 2001.14 and Sec. 2001.53 of this part, relating to 
    classification and declassification guides, respectively.
        (vi) Verify observance with the prohibitions on classification and 
    limitations on reclassification.
        (vii) Assess whether the agency's classification challenges program 
    meets the requirements of the Order and this part.
        (2) Derivative classification. Assess the general familiarity of 
    individuals who classify derivatively with the:
        (i) Conditions for derivative classification; 
    
    [[Page 53498]]
    
        (ii) Requirement to consult with the originator of the information 
    when questions concerning classification arise;
        (iii) Proper use of classification guides; and
        (iv) Proper and complete application of classification markings to 
    derivatively classified documents.
        (3) Declassification.
        (i) Verify whether the agency has established, to the extent 
    practical, a system of records management to facilitate public release 
    of declassified documents.
        (ii) Evaluate the status of the agency declassification program, 
    including the requirement to:
        (A) Comply with the automatic declassification provisions regarding 
    historically valuable records over 25 years old;
        (B) Declassify, when possible, historically valuable records prior 
    to accession into the National Archives;
        (C) Provide the Archivist with adequate and current 
    declassification guides;
        (D) Ascertain that the agency's mandatory review program conforms 
    to established requirements; and
        (E) Determine whether responsible agency officials are cooperating 
    with the Archivist in the development and maintenance of a Government-
    wide database of information that has been declassified.
        (4) Safeguarding.
        (i) Monitor agency adherence to established safeguarding standards.
        (ii) Assess compliance with controls for access to classified 
    information.
        (iii) Evaluate the effectiveness of the agency's program in 
    detecting and processing security violations and preventing 
    recurrences.
        (iv) Assess compliance with the procedures for identifying, 
    reporting and processing unauthorized disclosures of classified 
    information.
        (v) Evaluate the effectiveness of procedures to ensure that:
        (A) The originating agency exercises control over the classified 
    information it generates;
        (B) Holders of classified information do not disclose information 
    originated by another agency without that agency's authorization; and
        (C) Departing or transferred officials return all classified 
    information in their possession to authorized agency personnel.
        (5) Security education and training. Evaluate the effectiveness of 
    the agency's security education and training program in familiarizing 
    appropriate personnel with classification procedures; and determine 
    whether the program meets the standards specified in subpart D of this 
    part.
        (6) Management and oversight.
        (i) Determine whether original classifiers have received prescribed 
    training.
        (ii) Verify whether the agency's special access programs:
        (A) Adhere to specified criteria in the creation of these programs;
        (B) Are kept to a minimum;
        (C) Provide for the conduct of internal oversight; and
        (D) Include an annual review of each program to determine whether 
    it continues to meet the requirements of the Order.
        (iii) Assess whether:
        (A) Senior management demonstrates commitment to the success of the 
    program, including providing the necessary resources for effective 
    implementation;
        (B) Producers and users of classified information receive guidance 
    with respect to security responsibilities and requirements;
        (C) Controls to prevent unauthorized access to classified 
    information are effective;
        (D) Contingency plans are in place for safeguarding classified 
    information used in or near hostile areas;
        (E) The performance contract or other system used to rate civilian 
    or military personnel includes the management of classified information 
    as a critical element or item to be evaluated in the rating of: 
    Original classifiers; security managers; classification management 
    officers; and security specialists; and other employees significantly 
    involved with classified information; and
        (F) A method is in place for collecting information on the costs 
    associated with the implementation of the Order.
    
    Subpart D---Security Education and Training
    
    
    Sec. 2001.40  General [5.6].
    
        (a) Purpose. This subpart sets standards for agency security 
    education and training programs. Implementation of these standards 
    should:
        (1) Ensure that all executive branch employees who create, process 
    or handle classified information have a satisfactory knowledge and 
    understanding about classification, safeguarding, and declassification 
    policies and procedures;
        (2) Increase uniformity in the conduct of agency security education 
    and training programs; and
        (3) Reduce improper classification, safeguarding and 
    declassification practices.
        (b) Applicability. These standards are binding on all executive 
    branch departments and agencies that create or handle classified 
    information. Pursuant to Executive Order 12829, the NISPOM prescribes 
    the security requirements, restrictions, and safeguards applicable to 
    industry, including the conduct of contractor security education and 
    training. The standards established in the NISPOM should be consistent 
    with the standards prescribed in Executive Order 12958 and of this 
    part.
        (c) Responsibility. The senior agency official is responsible for 
    the agency's security education and training program. The senior agency 
    official shall designate agency personnel to assist in carrying out 
    this responsibility.
        (d) Approach. Security education and training should be tailored to 
    meet the specific needs of the agency's security program, and the 
    specific roles employees are expected to play in that program. The 
    agency official(s) responsible for the program shall determine the 
    means and methods for providing security education and training. 
    Training methods may include briefings, interactive videos, 
    dissemination of instructional materials, and other media and methods. 
    Agencies shall maintain records about the programs it has offered and 
    employee participation in them.
        (e) Frequency. The frequency of agency security education and 
    training will vary in accordance with the needs of the agency's 
    security classification program. Each agency shall provide some form of 
    refresher security education and training at least annually.
    
    
    Sec. 2001.41  Coverage [5.6(c)(3)].
    
        (a) General. Each department or agency shall establish and maintain 
    a formal security education and training program which provides for 
    initial and refresher training, and termination briefings. This subpart 
    establishes security education and training standards for original 
    classifiers, declassification authorities, security managers, 
    classification management officers, security specialists, and all other 
    personnel whose duties significantly involve the creation or handling 
    of classified information. These standards are not intended to be all-
    inclusive. The official responsible for the security education and 
    training program may expand or modify the coverage provided in this 
    part according to the agency's program and policy needs.
        (b) Elements of initial coverage. All cleared agency personnel 
    shall receive initial training on basic security policies, principles 
    and practices. Such training must be provided in conjunction with the 
    granting of a 
    
    [[Page 53499]]
    security clearance, and prior to granting access to classified 
    information. The following areas should be considered for inclusion in 
    initial briefings.
        (1) Roles and responsibilities.
        (i) What are the responsibilities of the senior agency official, 
    classification management officers, the security manager and the 
    security specialist?
        (ii) What are the responsibilities of agency employees who create 
    or handle classified information?
        (iii) Who should be contacted in case of questions or concerns 
    about classification matters?
        (2) Elements of classifying and declassifying information.
        (i) What is classified information and why is it important to 
    protect it?
        (ii) What are the levels of classified information and the damage 
    criteria associated with each level?
        (iii) What are the prescribed classification markings and why is it 
    important to have classified information fully and properly marked?
        (iv) What are the general requirements for declassifying 
    information?
        (v) What are the procedures for challenging the classification 
    status of information?
        (3) Elements of safeguarding.
        (i) What are the proper procedures for safeguarding classified 
    information?
        (ii) What constitutes an unauthorized disclosure and what are the 
    penalties associated with these disclosures?
        (iii) What are the general conditions and restrictions for access 
    to classified information?
        (iv) What should an individual do when he or she believes 
    safeguarding standards may have been violated?
        (c) Specialized security education and training. Original 
    classifiers, authorized declassification authorities, individuals 
    specifically designated as responsible for derivative classification, 
    classification management officers, security managers, security 
    specialists, and all other personnel whose duties significantly involve 
    the creation or handling of classified information should receive more 
    detailed training. This training should be provided before or 
    concurrent with the date the employee assumes any of the positions 
    listed above, but in any event no later than six months from that date. 
    Coverage considerations should include:
        (1) Original classifiers.
        (i) What is the difference between original and derivative 
    classification?
        (ii) Who can classify information originally?
        (iii) What are the standards that a designated classifier must meet 
    to classify information?
        (iv) What is the process for determining duration of 
    classification?
        (v) What are the prohibitions and limitations on classifying 
    information?
        (vi) What are the basic markings that must appear on classified 
    information?
        (vii) What are the general standards and procedures for 
    declassification?
        (2) Declassification authorities other than original classifiers.
        (i) What are the standards, methods and procedures for 
    declassifying information under Executive Order 12958?
        (ii) What are the standards for creating and using agency 
    declassification guides?
        (iii) What is contained in the agency's automatic declassification 
    plan?
        (iv) What are the agency responsibilities for the establishment and 
    maintenance of a declassification database?
        (3) Individuals specifically designated as responsible for 
    derivative classification, security managers, classification management 
    officers, security specialists or any other personnel whose duties 
    significantly involve the management and oversight of classified 
    information.
        (i) What are the original and derivative classification processes 
    and the standards applicable to each?
        (ii) What are the proper and complete classification markings, as 
    described in subpart B of this part?
        (iii) What are the authorities, methods and processes for 
    downgrading and declassifying information?
        (iv) What are the methods for the proper use, storage, 
    reproduction, transmission, dissemination and destruction of classified 
    information?
        (v) What are the requirements for creating and updating 
    classification and declassification guides?
        (vi) What are the requirements for controlling access to classified 
    information?
        (vii) What are the procedures for investigating and reporting 
    instances of security violations, and the penalties associated with 
    such violations?
        (viii) What are the requirements for creating, maintaining, and 
    terminating special access programs, and the mechanisms for monitoring 
    such programs?
        (ix) What are the procedures for the secure use, certification and 
    accreditation of automated information systems and networks which use, 
    process, store, reproduce, or transmit classified information?
        (x) What are the requirements for oversight of the security 
    classification program, including agency self-inspections?
        (d) Refresher security education and training. Agencies shall 
    provide refresher training to employees who create, process or handle 
    classified information. Refresher training should reinforce the 
    policies, principles and procedures covered in initial and specialized 
    training. Refresher training should also address the threat and the 
    techniques employed by foreign intelligence activities attempting to 
    obtain classified information, and advise personnel of penalties for 
    engaging in espionage activities.
        Refresher training should also address issues or concerns 
    identified during agency self-inspections. When other methods are 
    impractical, agencies may satisfy the requirement for refresher 
    training by means of audiovisual products or written materials.
        (e) Termination briefings. Each agency shall ensure that each 
    employee granted access to classified information who leaves the 
    service of the agency receives a termination briefing. Also, each 
    agency employee whose clearance is withdrawn must receive such a 
    briefing. At a minimum, termination briefings must impress upon each 
    employee: The continuing responsibility not to disclose any classified 
    information to which the employee had access and the potential 
    penalties for non-compliance; and the obligation to return to the 
    appropriate agency official all classified documents and materials in 
    the employee's possession.
        (f) Other security education and training. Agencies are encouraged 
    to develop additional security education and training according to 
    program and policy needs. Such security education and training could 
    include:
        (1) Practices applicable to U.S. officials traveling overseas;
        (2) Procedures for protecting classified information processed and 
    stored in automated information systems;
        (3) Methods for dealing with uncleared personnel who work in 
    proximity to classified information;
        (4) Responsibilities of personnel serving as couriers of classified 
    information; and
        (5) Security requirements that govern participation in 
    international programs.
    
    Subpart E--Declassification
    
    
    Sec. 2001.50  Definition [3.1].
    
        A file series is a body of related records created or maintained by 
    an agency, activity, office or individual. The records may be related 
    by subject, topic, form, function, or filing scheme. An agency, 
    activity, office, or individual may create or maintain several 
    different file series, each serving a different function. Examples may 
    include a 
    
    [[Page 53500]]
    subject file, alphabetical name index, chronological file, or a record 
    set of agency publications. File series frequently correspond to items 
    on a NARA-approved agency records schedule. Some very large series may 
    contain several identifiable sub-series, and it may be appropriate to 
    treat sub-series as discrete series for the purposes of the Order.
    
    
    Sec. 2001.51  Automatic declassification [3.4].
    
        (a) General. All departments and agencies that have original 
    classification authority, or previously had original classification 
    authority, and maintain records appraised as having permanent 
    historical value that contain information classified by that agency 
    shall comply with the automatic declassification provisions of the 
    Order. All agencies with original classification authority shall 
    cooperate with NARA in carrying out an automatic declassification 
    program involving accessioned Federal records, presidential papers and 
    records, and donated historical materials under the control of the 
    Archivist of the United States. The Archivist will not declassify 
    information created by another agency without the prior consent of that 
    agency.
        (b) Presidential records. The Archivist of the United States shall 
    establish procedures for the declassification of presidential or White 
    House materials accessioned into the National Archives of the United 
    States or maintained in the presidential libraries.
        (c) Transferred information. In the case of classified information 
    transferred in conjunction with a transfer of functions, and not merely 
    for storage or archival purposes, the receiving agency shall be deemed 
    to be the originating agency.
        (d) Unofficially transferred information. In the case of classified 
    information that is not officially transferred as described in 
    paragraph (c), of this section, but that originated in an agency that 
    has ceased to exist and for which there is no successor agency, the 
    Director of ISOO will designate an agency or agencies to act on 
    provisions of the Order.
        (e) Processing records originated by another agency. When an agency 
    uncovers classified records originated by another agency that appear to 
    meet the criteria for the application of the automatic declassification 
    provisions of the Order, the finding agency should alert the 
    originating agency and seek instruction regarding the handling and 
    disposition of pertinent records.
        (f) Unscheduled records. Classified information in records that 
    have not been scheduled for disposal or retention by NARA is not 
    subject to section 3.4 of the Order. Classified information in records 
    that are scheduled as permanently valuable when that information is 
    already more than 20 years old shall be subject to the automatic 
    declassification provisions of section 3.4 of the Order five years from 
    the date the records are scheduled. Classified information in records 
    that are scheduled as permanently valuable when that information is 
    less than 20 years old shall be subject to the automatic 
    declassification provisions of section 3.4 of the Order when the 
    information is 25 years old.
        (g) Foreign government information. The declassifying agency is the 
    agency that initially received or classified the information. When 
    foreign government information appears to be subject to automatic 
    declassification, the declassifying agency shall determine whether the 
    information is subject to a treaty or international agreement that 
    would prevent its declassification at that time. The declassifying 
    agency shall also determine if another exemption under section 3.4(b) 
    of the Order, such as the exemption that pertains to United States 
    foreign relations, may apply to the information. If the declassifying 
    agency believes such an exemption may apply, it should consult with any 
    other concerned agencies in making its declassification determination. 
    The declassifying agency or the Department of State, as appropriate, 
    should consult with the foreign government prior to declassification.
        (h) Assistance to the Archivist of the United States. Agencies 
    shall consult with NARA before establishing automatic declassification 
    programs. Agencies shall cooperate with NARA in developing schedules 
    for the declassification of records in the National Archives of the 
    United States and the presidential libraries to ensure that 
    declassification is accomplished in a timely manner. NARA will provide 
    information about the records proposed for automatic declassification. 
    Agencies shall consult with NARA before reviewing records in their 
    holdings to ensure that appropriate procedures are established for 
    maintaining the integrity of the records and that NARA receives 
    accurate information about agency declassification actions when records 
    are transferred to NARA. NARA will provide guidance to the agencies 
    about the requirements for notification of declassification actions on 
    transferred records, box labeling, and identifying exempt information 
    in the records.
        (i) Use of approved declassification guides. Approved 
    declassification guides may be used as a tool to assist in the 
    exemption from automatic declassification of specific information as 
    provided in section 3.4(d) of the Order. These guides must include 
    additional pertinent detail relating to the exemptions described in 
    section 3.4(b) of the Order, and follow the format required of 
    declassification guides for systematic review as described in 
    Sec. 2001.53 of this part. In order for such guides to be used in place 
    of the identification of specific information within individual 
    documents, the information to be exempted must be narrowly defined, 
    with sufficient specificity to allow the user to identify the 
    information with precision. Exemptions for general categories of 
    information will not be acceptable. The actual items to be exempted are 
    specific documents. All such declassification guides used in 
    conjunction with section 3.4(d) of the Order must be submitted to the 
    Director of ISOO, serving as Executive Secretary of the Interagency 
    Security Classification Appeals Panel, for approval by the Panel.
        (j) Automatic declassification date. No later than April 17, 2000, 
    information over 25 years old in unreviewed permanently valuable 
    records in non-exempt file series will be automatically declassified.
        (k) Redaction standard. Agencies are encouraged but are not 
    required to redact documents that contain information that is exempt 
    from automatic declassification under section 3.4 of the Order, 
    especially if the information that must remain classified comprises a 
    relatively small portion of the document.
        (l) Restricted Data and Formerly Restricted Data. (1) Restricted 
    Data (RD) and Formerly Restricted Data (FRD) are exempt from the 
    automatic declassification requirements in section 3.4 of the Order 
    because they are classified under the Atomic Energy Act of 1954, as 
    amended. Restricted Data concerns:
        (i) The design, manufacture, or utilization of atomic weapons;
        (ii) The production of special nuclear material, e.g., enriched 
    uranium or plutonium; or
        (iii) The use of special nuclear material in the production of 
    energy.
        (2) Formerly Restricted Data is information that is still 
    classified but which has been removed from the Restricted Data category 
    because it is related primarily to the military utilization of atomic 
    weapons.
        (3) Any document marked as containing Restricted Data or Formerly 
    Restricted Data shall remain classified indefinitely or shall be 
    referred to the 
    
    [[Page 53501]]
    Department of Energy or the Department of Defense for a classification 
    review.
    
    
    Sec. 2001.52  Systematic declassification review [3.5].
    
        (a) Listing of declassification authorities. Agencies shall 
    maintain a current listing of officials delegated declassification 
    authority by name, position, or other identifier. If possible, this 
    listing shall be unclassified.
        (b) Responsibilities. Agencies shall establish systematic review 
    programs for those records containing information that is exempt from 
    automatic declassification. Agencies may also conduct systematic review 
    of information contained in permanently valuable records that is less 
    than 25 years old.
    
    
    Sec. 2001.53  Declassification guides [3.5(b)].
    
        (a) Preparation of declassification guides. Declassification guides 
    shall be prepared to facilitate the declassification of information 
    contained in records determined to be of permanent historical value. 
    When it is sufficiently detailed and understandable, and identified for 
    both purposes, a classification guide may also be used as a 
    declassification guide.
        (b) General content of declassification guides. Declassification 
    guides shall, at a minimum:
        (1) Identify the subject matter of the declassification guide;
        (2) Identify the original declassification authority by name or 
    personal identifier, and position;
        (3) Provide the date of issuance or last review;
        (4) State precisely the categories or elements of information:
        (i) To be declassified;
        (ii) To be downgraded; or
        (iii) Not to be declassified.
        (5) Identify any related files series that have been exempted from 
    automatic declassification pursuant to section 3.4(c) of the Order;
        (6) To the extent a guide is used in conjunction with the automatic 
    declassification provisions in section 3.4 of the Order, state 
    precisely the elements of information to be exempted from 
    declassification to include:
        (i) The appropriate exemption category listed in section 3.4(b) of 
    the Order, and, when citing the exemption category listed in section 
    3.4(b)(9) of the Order, specify the applicable statute, treaty or 
    international agreement; and
        (ii) A date or event for declassification.
        (c) External review. Agencies shall submit declassification guides 
    for review to the Director of ISOO. To the extent such guides are used 
    in conjunction with the automatic declassification provisions in 
    section 3.4 of the Order, the Director shall submit them for approval 
    by the Interagency Security Classification Appeals Panel.
        (d) Internal review and update. Agency declassification guides 
    shall be reviewed and updated as circumstances require, but at least 
    once every five years. Each agency shall maintain a list of its 
    declassification guides in use.
    
    
    Sec. 2001.54  Mandatory review for declassification [3.6, 3.7].
    
        (a) U.S. originated information--(1) Receipt of requests. Each 
    agency shall publish in the Federal Register the identity of the 
    person(s) or office(s) to which mandatory declassification review 
    requests should be addressed.
        (2) Processing.
        (i) Requests for classified records in the custody of the 
    originating agency. A valid mandatory declassification review request 
    need not identify the requested information by date or title of the 
    responsive records, but must be of sufficient specificity to allow 
    agency personnel to locate the records containing the information 
    sought with a reasonable amount of effort. In responding to mandatory 
    declassification review requests, agencies shall either make a prompt 
    declassification determination and notify the requester accordingly, or 
    inform the requester of the additional time needed to process the 
    request. Agencies shall ordinarily make a final determination within 
    180 days from the date of receipt. When information cannot be 
    declassified in its entirety, agencies will make reasonable efforts to 
    release, consistent with other applicable law, those declassified 
    portions of the requested information that constitute a coherent 
    segment. Upon denial of an initial request, the agency shall also 
    notify the requester of the right of an administrative appeal, which 
    must be filed within 60 days of receipt of the denial.
        (ii) Requests for classified records in the custody of an agency 
    other than the originating agency. When an agency receives a mandatory 
    declassification review request for records in its possession that were 
    originated by another agency, it shall refer the request and the 
    pertinent records to the originating agency. However, if the 
    originating agency has previously agreed that the custodial agency may 
    review its records, the custodial agency shall review the requested 
    records in accordance with declassification guides or guidelines 
    provided by the originating agency. Upon receipt of a request from the 
    referring agency, the originating agency shall process the request in 
    accordance with this section. The originating agency shall communicate 
    its declassification determination to the referring agency.
        (iii) Appeals of denials of mandatory declassification review 
    requests. The agency appellate authority shall normally make a 
    determination within 60 working days following the receipt of an 
    appeal. If additional time is required to make a determination, the 
    agency appellate authority shall notify the requester of the additional 
    time needed and provide the requester with the reason for the 
    extension. The agency appellate authority shall notify the requester in 
    writing of the final determination and of the reasons for any denial.
        (iv) Appeals to the Interagency Security Classification Appeals 
    Panel. In accordance with section 5.4 of the Order, the Interagency 
    Security Classification Appeals Panel shall publish in the Federal 
    Register no later than February 12, 1996, the rules and procedures for 
    bringing mandatory declassification appeals before it.
        (b) Foreign government information. Except as provided in this 
    paragraph, agency heads shall process mandatory declassification review 
    requests for classified records containing foreign government 
    information in accordance with this section. The declassifying agency 
    is the agency that initially received or classified the information. 
    When foreign government information is being considered for 
    declassification, the declassifying agency shall determine whether the 
    information is subject to a treaty or international agreement that 
    would prevent its declassification at that time. The declassifying 
    agency shall also determine if another exemption under section 1.6(d) 
    of the Order (other than section 1.6(b)(5)), such as the exemption that 
    pertains to United States foreign relations, may apply to the 
    information. If the declassifying agency believes such an exemption may 
    apply, it should consult with any other concerned agencies in making 
    its declassification determination. The declassifying agency or the 
    Department of State, as appropriate, should consult with the foreign 
    government prior to declassification.
        (c) Cryptologic and intelligence information. Mandatory 
    declassification review requests for cryptologic information and 
    information concerning intelligence activities (including special 
    activities) or intelligence sources or methods shall be processed 
    solely in accordance with special procedures issued by the Secretary of 
    Defense and 
    
    [[Page 53502]]
    the Director of Central Intelligence, respectively.
        (d) Fees. In responding to mandatory declassification review 
    requests for classified records, agency heads may charge fees in 
    accordance with section 9701 of title 31, United States Code. The 
    schedules of fees published in the Federal Register by agencies in 
    implementation of Executive Order 12356 shall remain in effect until 
    revised.
        (e) Assistance to the Department of State. Heads of agencies should 
    assist the Department of State in its preparation of the Foreign 
    Relations of the United States (FRUS) series by facilitating access to 
    appropriate classified materials in their custody and by expediting 
    declassification review of documents proposed for inclusion in the 
    FRUS.
        (f) Requests filed under mandatory declassification review and the 
    Freedom of Information Act. When a requester submits a request both 
    under mandatory review and the Freedom of Information Act (FOIA), the 
    agency shall require the requester to elect one process or the other. 
    If the requester fails to elect one or the other, the request will be 
    treated as a FOIA request unless the requested materials are subject 
    only to mandatory review.
        (g) FOIA and Privacy Act requests. Agency heads shall process 
    requests for declassification that are submitted under the provisions 
    of the FOIA, as amended, or the Privacy Act of 1974, in accordance with 
    the provisions of those Acts.
        (h) Redaction standard. Agencies shall redact documents that are 
    the subject of an access demand unless the overall meaning or 
    informational value of the document is clearly distorted by redaction.
    
    Subpart F--Reporting
    
    
    Sec. 2001.60  Statistical reporting [5.3].
    
        Each agency that creates or handles classified information shall 
    report annually to the Director of ISOO statistics related to its 
    security classification program. The Director shall solicit 
    recommendations from the member agencies of the Security Policy Forum 
    regarding the reporting requirements. The Director will instruct 
    agencies what data elements are required, and how and when they are to 
    be reported.
    
    
    Sec. 2001.61  Accounting for costs [5.6(c)(8)].
    
        (a) Information on the costs associated with the implementation of 
    the Order will be collected from the agencies by the Office of 
    Management and Budget (OMB). OMB will provide data to ISOO on the cost 
    estimates for classification-related activities. ISOO will include 
    these cost estimates in its annual report to the President. The agency 
    senior official should work closely with the agency comptroller to 
    ensure that the best estimates are collected.
        (b) The Secretary of Defense, acting as the executive agent for the 
    National Industrial Security Program under Executive Order 12829, and 
    consistent with agreements entered into under section 202 of E.O. 
    12829, will collect cost estimates for classification-related 
    activities of contractors, licensees, certificate holders, and 
    grantees, and report them to ISOO annually. ISOO will include these 
    cost estimates in its annual report to the President.
    
    
    Sec. 2001.62  Effective date [6.2].
    
        Part 2001 shall become effective October 14, 1995.
    Alice M. Rivlin,
    Director, Office of Management and Budget.
    [FR Doc. 95-25363 Filed 10-12-95; 8:45 am]
    BILLING CODE 3110-01-P
    
    

Document Information

Effective Date:
10/14/1995
Published:
10/13/1995
Department:
Management and Budget Office
Entry Type:
Rule
Action:
Implementing directive; final rule.
Document Number:
95-25363
Dates:
October 14, 1995.
Pages:
53492-53502 (11 pages)
PDF File:
95-25363.pdf
CFR: (29)
32 CFR 1.2].\1\
32 CFR 1.6(b)
32 CFR 2001.21(b)
32 CFR 3.4(b)(9)
32 CFR 1.6(d)
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