[Code of Federal Regulations]

[Title 32, Volume 6]

[Revised as of July 1, 2006]

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.