[Code of Federal Regulations]
[Title 32, Volume 6]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR2001.21]
[Page 472-475]
TITLE 32-NATIONAL DEFENSE
CHAPTER XX--INFORMATION SECURITY OVERSIGHT OFFICE, NATIONAL ARCHIVES AND
RECORDS ADMINISTRATION
PART 2001_CLASSIFIED NATIONAL SECURITY INFORMATION--Table of Contents
Subpart B_Identification and Markings
Sec. 2001.21 Original classification [1.6(a)].
(a) Primary markings. On the face of each originally classified
document, regardless of the media, the original classification authority
shall apply the following markings.
(1) Classification authority. The name or personal identifier, and
position title of the original classification authority shall appear on
the ``Classified By'' line. An example might appear as:
Classified By: David Smith, Chief, Division 5, Department of Good Works,
Office of Administration
or
Classified By: IDIMNO1, Chief, Division 5, Department of Good
Works, Office of Administration
(2) Agency and office of origin. If not otherwise evident, the
agency and office of origin shall be identified and follow 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 classification authority
shall identify the reason(s) for the decision to classify. The original
classification authority shall include, at a minimum, a
[[Page 473]]
brief reference to the pertinent classification category(ies), or the
number 1.4 plus the letter(s) that corresponds to that classification
category in section 1.4 of the Order.
(i) These categories, as they appear in the Order, are as follows:
(A) Military plans, weapons systems, 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, which includes defense against transnational
terrorism;
(F) United States Government programs for safeguarding nuclear
materials or facilities;
(G) Vulnerabilities or capabilities of systems, installations,
infrastructures, projects, plans, or protection services relating to the
national security, which includes defense against transnational
terrorism; or
(H) Weapons of mass destruction.
(ii) An example might appear as:
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: 1.4(g)
(iii) When the reason for classification is not apparent from the
content of the information, e.g., classification by compilation, the
original classification authority 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 original classification authority will apply one of the following
instructions:
(i) The original classification authority will apply a date or event
for declassification that corresponds to the lapse of the information's
national security sensitivity, that is less than 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: 1.4(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 original classification authority 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, 2003,
mark the ``Declassify On'' line as:
Classified By: David Smith, Chief, Division 5, Department of Good Works,
Office of Administration
Reason: 1.4(g)
Declassify On: October 14, 2013
(iii) Upon the determination that the information must remain
classified beyond 10 years, the original classification authority will
apply a date not to exceed 25 years from the date of the original
decision. For example, on a document that contains information
classified on October 10, 2003, mark the ``Declassify On'' line as:
Classified By: David Smith, Chief, Division 5, Department of Good Works,
Office of Administration
Reason: 1.4(g)
Declassify On: October 10, 2028
(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.''
[[Page 474]]
(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) Each classified portion of a document marked exempt from
automatic declassification shall be exempted unless the original
classification authority indicates otherwise on the document.
(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 up to 25 years
from the date of the information's origin for information contained in
records determined to be permanently valuable.
(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 follows for a document dated December 1, 2003 with a declassification
date of December 1, 2015:
Classified By: David Smith, Chief, Division 5, Department of Good Works,
Office of Administration
Reason: 1.4(g)
Declassify On: Classification extended on December 1, 2005, until
December 1, 2028, 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
3.3(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. The marking for an exemption for the
identity of a confidential human source or a human intelligence source
shall be ``25X1-human.'' This marking denotes that this specific
information is not subject to automatic declassification.
(2) The pertinent exemptions, using the language of section 3.3(b)
of the Order, are:
25X1: reveal the identity of a confidential human source, or a human
intelligence source, or reveal information about the application of an
intelligence source or method;
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, including foreign government 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
[[Page 475]]
other protectees for whom protection services, in the interest of the
national security, are authorized;
25X8: reveal information that would seriously and demonstrably
impair current national security emergency preparedness plans or reveal
current vulnerabilities of systems, installations, infrastructures, or
projects relating to the national security; 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 a U.S. weapon
system, October 1, 2020
or
Declassify On: 25X4, October 1, 2020
(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.
Agencies that have submitted proposed exemptions or a declassification
guide to the ISCAP may mark documents with ``25X'' categories, while
waiting for ISCAP concurrence, unless otherwise notified by the Panel's
Executive Secretary.
(5) Agencies need not apply a ``25X'' marking to individual
documents contained in a file series exempted from automatic
declassification under section 3.3(c) of the Order until the individual
document is removed from the file.