[Code of Federal Regulations]
[Title 50, Volume 7]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR540.3]

[Page 881-882]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                   CHAPTER V--MARINE MAMMAL COMMISSION
 
PART 540_INFORMATION SECURITY--Table of Contents
 
Sec. 540.3  Procedures.

    (a) Mandatory declassification review. All requests for mandatory 
review shall be handled by the Executive Director or his designee. Under 
no circumstances shall the Exective Director refuse to confirm the 
existence or non-existence of a document requested under the Freedom of 
Information Act or the mandatory review provisions of Executive Order 
12356, unless the fact of its existence or non-existence would itself be 
classified under Executive Order 12356. Requests for declassification 
shall be acted upon promptly providing that the request reasonably 
describes the information which is the subject of the request for 
declassification. In light of the fact that the Commission does not have 
original classification authority and national security information in 
its custody has been classified by another Federal agency, the Executive 
Director will refer all requests for national security information in 
its custody to the Federal agency that classified it or, if the agency 
that classified it has either ceased to exist or transferred the 
information in conjunction with a transfer of functions, to the 
appropriate federal agency exercising original classification authority 
with respect to the same subject, for review and disposition in 
accordance with Executive Order 12356 and that agency's regulations and 
guidelines.
    (b) Exceptional cases. When an employee or contractor of the 
Commission originates information that is believed to require 
classification, the Executive Director shall ensure that it is protected 
in accordance with Executive Order 12356 and shall promptly transmit it 
under appropriate safeguards to the agency with appropriate subject 
matter jurisdiction and classification authority for review and action 
in accordance with the Order and that agency's regulations and 
guidelines.
    (c) Derivative classification. Derivative classification markings 
shall be applied to information that is in substance the same as 
information that is already classified, in accordance with Executive 
Order 12356, Section 2-1, unless it is determined through inquiries made 
to the originators of the classified information or other appropriate 
persons that the paraphrasing, restating, or summarizing of the 
classified information obviates the need for its classification, in 
which case the information shall be issued as unclassified or shall be 
marked appropriately. After verifying the current level of 
classification so far as practicable, paper copies of such derivatively 
classified information shall be marked so as to indicate:
    (1) The source of the original classification;
    (2) The identity of the Commission employee originating the 
derivatively classified document;
    (3) The dates or events for declassification or review for 
declassification indicated on the classified source material; and
    (4) Any additional authorized markings appearing on the source 
material.
    (d) Handling. All classified documents shall be delivered to the 
Executive Director or his designee immediately upon receipt. All 
potential recipients of such documents shall be advised of the names of 
such designees and updated information as necessary. In the event that 
the Executive Director or his designee is not available to receive

[[Page 882]]

such documents, they shall be turned over to the Administrative Officer 
and secured, unopened, in the combination safe located in the Commission 
offices until the Executive Director or his designee is available. Under 
no circumstances shall classified materials that cannot be delivered to 
the Executive Director or his designee be stored other than in the 
designated safe.
    (e) Reproduction. Reproduction of classified material shall take 
place only in accordance with Executive Order 12356, its implementing 
directives, and any limitations imposed by the originator. Should copies 
be made, they are subject to the same controls as the original document. 
Records showing the number and distribution of copies shall be 
maintained, where required by the Executive Order, by the Administrative 
Officer and the log stored with the original documents. These measures 
shall not restrict reproduction for the purposes of mandatory review.
    (f) Storage. All classified documents shall be stored in the 
combination safe located in the Commission's offices. The combination 
shall be changed as required by ISOO Directive No. 1, dated June 23, 
1982. The combination shall be known only to the Executive Director and 
his designees with the appropriate security clearance.
    (g) Employee education. All employees who have been granted a 
security clearance and who have occasion to handle classified materials 
shall be advised of handling, reproduction, and storage procedures and 
shall be required to review Executive Order 12356 and appropriate ISOO 
directives. This shall be effected by a memorandum to all affected 
employees at the time these procedures are implemented. New employees 
will be instructed in procedures as they enter employment with the 
Commission.
    (h) Agency terminology. The use of the terms Top Secret, Secret, and 
Confidential shall be limited to materials classified for national 
security purposes.

[44 FR 55381, Sept. 26, 1979, as amended at 47 FR 55489, Dec. 10, 1982; 
48 FR 44834, Sept. 30, 1983]