cated, the requester may submit the request to any of the following: (1) The facilities established in the Office, Secretary of Defense, the Military Departments and the Defense Agencies under DoD Directive 5400.7 (§ 159.100 (r)), to receive requests for records under the Freedom of Information Act. These facilities are identified in appropriate sections of 32 CFR for each DoD component. (2) The head of the DoD component which is most concerned with the subject matter of the material requested. (3) Chief, Records Management Branch, Office, Deputy Assistant Secretary of Defense (Administration) (Comptroller), Department of Defense. Washington, D.C. 20301. § 159.303-3 review. Action on requests for The office which first acts upon a request for review for declassification shall immediately acknowledge to the requester receipt of such request in writing and must simultaneously advise the requester that, if at the end of 30 days from receipt of the request no determination has been made, he may apply to the departmental committee for a determination. If, during the 30 day processing time, a determination can be made that additional time will be required to process the request, the requester shall be advised of the reasons. (a) If at the end of 60 days from receipt of the request for review no determination has been made, the requester shall be advised of his right of appeal to the DoD Classification Review Committee (§ 159.1301-1). (b) Information or material which no longer qualifies for exemption under §§ 159.302 and 159.302-1 shall be declassified and processed for release to the requester in accordance with DoD Directive 5230.9 (§ 159.100(d)). (c) Information or material continuing to qualify for an exemption under § 159.302-1 shall be marked in accordance with Subpart-Marking and unless impossible, a date for automatic declassification shall be set. The requester shall be so notified and, whenever possible, he shall be provided with a brief statement as to why the requested information or material cannot be declassified. This notice shall also advise him of his right to appeal to the DoD Classification Review Committee (§ 159.1301-1). (d) Fair and equitable fees for copies of available records shall be established pursuant to DoD Instruction 7230.7, (§ 159.100 (s)). § 159.303-4 Burden of proof. In considering appeals from denials of declassification requests, the DoD and Military Department Classification Review Committees shall place the burden of proof, for administrative purposes, on the originating DoD component to show that continued classification is warranted. FIFTEEN AND THIRTY YEAR § 159.304 Material covered. All classified information or material which is excluded or exempted from the General Declassification Schedule under §§ 159.301 through 159.302-1 and over which the Department of Defense exercises final classification authority is subject to declassification under the conditions stated below. § 159.304-1 Systematic review. All information and material in the custody of the National Archives and Records Service which was classified before the effective date of this regulation and more than thirty years old is to be systematically reviewed for declassification by the Archivist of the United States. The Archivist shall refer to the Department of Defense such material as has been indicated by the Department of Defense to require further review. In the case of thirty year old information in the custody of the components of the Department of Defense, such review will be accomplished by the custodians of the respective components. The Department of Defense component having primary jurisdiction over the material received from the Archivist or in its custody, shall proceed as follows: (a) Classified information or material over which the Department of Defense exercises exclusive or final original classification authority and which is to be kept protected in accordance with § 159.304-2 shall be listed by the responsible custodian and referred through established channels to the Secretary of Defense or the Secretary of the appropriate Military Department depending upon which of these officials has current security classification jurisdiction over it. This listing shall: (1) Identify the information or material involved, including its date of origin and field of interest; (2) Recommend continued classification beyond thirty years to a specific future event which is certain to happen, or for a fixed period of time to terminate on December 31 of a given future year; and (3) State that the reason for the recommended continued classification is that earlier disclosure would place an identified or identifiable person in immediate jeopardy, or that, because of reasons which are stated, continued classification is essential to the national security. (b) The Secretary of Defense or the Secretary of the Military Department concerned shall personally consider and determine which category of material shall be kept classified and the period of continued classification. The Archivist shall be so notified. (c) All documents or other materials determined, under the provisions of this §§ 159.304 through 159.304-2, to be declassified shall be remarked according to the provisions of Subpart-Marking of this regulation. § 159.304-2 Exceptions to automatic declassification. All information and material classified after the effective date of this regulation over which the Department of Defense exercises exclusive or final original classification authority, if exempt from the General Declassification Schedule under §§ 159.302 and 159.302-1 of this subpart becomes automatically declassified in accordance with the following: (a) Except as prescribed in § 159.304-2 (b), information used in U.S. documents and material, which documents and material are exempt from the General Declassification Schedule and categorized as paragraph (a), (b), (c) or (d) under the provisions of § 159.302-1 shall, unless declassified earlier, become automatically declassified at the end of 30 full calendar years after the date of original classification except for such specifically identified categories of information and material which the head of the originating military department or the Secretary of Defense for other components personally determines in writing at the end of the 30 year time period to require continued protection against unauthorized disclosure because such continued protection is essential to the national security or disclosure would place a person in immediate jeopardy. In such case, the aforementioned officials shall also specify the period of continued classification. (b) Information and material which is scientific or technical in nature which concerns systems, installations or projects specifically designated as exempt from the General Declassification Schedule under § 159.302-1(c) shall, unless declassified earlier, become automatically declassified at the end of 15 full calendar years after the date of original classification except for such specifically identified categories of information or material which the exempting official personally determines in writing at that time to require continued protection against unauthorized disclosure. In such case, the exempting official shall also specify the eriod of continued classification which in no case shall exceed 30 full calendar years after the date of its original classification. Any determination to continue the classification of this body of material beyond 30 years requires the personal consideration of the Secretary of Defense or the Secretary of the Military Department concerned as prescribed in § 159.304-1. § 159.304-3 Requests for review. A request by a member of the public or by a United States Government Department or Agency to review classified information more than 30 years old shall be referred directly to the Archivist of the United States for action in accordance with § 159.304-1. Such requests shall be processed within the Department of Defense in the manner prescribed in § 159.303-3. The provisions of § 159.303-4 are also applicable to these cases. TRANSFER OF CLASSIFIED DOCUMENTS § 159.305 Material officially transferred. In the case of classified information or material transferred by or pursuant to statute or Executive Order from one department or agency to another for the latter's use and as part of its official files or property, as distinguished from transfers merely for purpose of storage, the receiving department or agency shall be deemed to be the classifying authority over such material for purposes of downgrading and declassification. When any department or agency of the Department of Defense has in its possession any classified information or material originated in an agency outside the Department of Defense which has since become defunct and whose files and other property have not been officially transferred to another department or agency within the meaning of § 159.305, or when it is impossible for the possessing department or agency to identify the originating agency, and a review of the material indicates that it should be downgraded or declassified, the said possessing department or agency shall have the power to declassify or downgrade such material. If it appears probable that another department or agency may have a substantial interest in whether the classification of any particular information should be maintained, the possessing department or agency shall not exercise the power conferred upon it by this paragraph, except with the consent of the other department or agency, until thirty days after it has notified such other department or agency of the nature of the material and of its intention to downgrade or declassify the same. During such thirty-day period the other department or agency may, if it so desires, express its objections to downgrading or declassifying the particular material, but the power to make the ultimate decision shall reside in the possessing department or agency. § 159.305-2 Transfer for storage or retirement. Insofar as practicable, classified documents shall be reviewed to determine whether or not they can be downgraded or declassified prior to being forwarded to records centers or to the National Archives for storage. When this is done, certification of classification review shall be entered on or affixed to the transmittal form, Records Transmittal and Receipt Form, SF 135, or similar document, and appropriate changes reflecting downgrading or declassification shall be indicated as necessary on each document. MISCELLANEOUS ACTIONS § 159.306 Notification of changes in classification or of declassification. When classified material, which has been properly marked with specific dates or events under § 159.403-1 a or b of this regulation, is remarked in accordance therewith, it is not necessary to issue notices of those remarkings to any holders. However, when downgrading or declassification action is determined by appropriate authority to occur earlier than originally scheduled, or upgrading is involved, or the exemption status is changed, the action official or the custodian of the records shall promptly notify all addressees to whom the information or material was originally transmitted. Notification shall include the specific action to be taken, the authority therefor and the effective date. Upon receipt of notification of change in classification or exemption status or of declassification, recipients shall effect the proper changes and shall notify addressees to whom in turn they have transmitted the classified information or material. All information and material classified after June 1, 1972, which is determined under applicable records administration standards to be of sufficient historical or other value to warrant preservation as permanent records, shall be systematically reviewed on a timely basis by the appropriate custodian for the purpose of making such information and material publicly available if, after consideration under §§ 159.300 through 159.302-1, Subpart-Downgrading and Declassification, it is declassified. Whenever possible, without destroying the integrity of the files, such information and material should be set aside for public release on request. (a) Messages encrypted prior to February 1, 1946. Declassification of messages in this category has been and will continue to be based solely on the informational content of the messages. (b) Messages encrypted during the period February 1, 1946 through May 31, 1960. The requirement that messages in this category (so-called category "B" messages) to be paraphrased and the date-time group physically removed prior to declassification is cancelled. Effective immediately, declassification of each message will be based solely on the informational content of the message. (c) Messages encrypted subsequent to May 31, 1960. Communications Centers have received instructions via KAG-1 and Department and Agency implementing documents to perform necessary cryptographic editing on these messages prior to release from the Communications Centers. Declassification of messages in this category by holders outside Communications Centers is based solely on the informational content of the messages. Further cryptographic editing is not required. Subject to the special situation set forth in 159.400-2, information determined to require classification protection against unauthorized disclosure under the provisions of this regulation shall be so designated, generally in the form of physical marking. Designation by means other than physical marking may be used but should be followed by physical marking as soon as practicable. § 159.400-1 Purpose of designation. Designation by physical marking, notation or other means, serves to inform and to warn the holder of the classification of the information involved, the degree of protection against unauthorized disclosure which is required for that particular level of classification, and to facilitate downgrading and declassification actions. and evaluated by any component of the Department of Defense to compare its content with official information which is being safeguarded in the Department of Defense by security classification, may be marked on its face with any security classification, control or other kind of restrictive marking. The results of the review and evaluation shall be separate from the article in question. § 159.400-3 Documents or other material in general. Each classified document shall, in addition to other markings required by this subpart, show on its face its overall classification and whether it is subject to or exempt from scheduled downgrading and declassification (See SubpartDowngrading and Declassification). It shall also show the office of origin, the identity of the classifier (see § 159.201), the date of preparation and classification, and, except as provided herein, be so marked as to indicate which portions are classified, at what level, and which portions are not classified in order to facilitate excerpting and other use. Other material shall, whenever practicable, show the foregoing information on the material itself or in related or accompanying documentation. § 159.400-4 Wholly unclassified material. Normally, unclassified material shall not be marked or stamped "Unclassified" unless it is essential to convey to a recipient of such material that it has been examined specifically with a view to imposing a security classification and has been determined not to require classification. CLASSIFICATION MARKINGS ON DOCUMENTS § 159.401 Overall and page marking. Except as otherwise specified for working papers (see § 159.702-4), the overall classification of a document, whether or not permanently bound, or any copy or reproduction thereof, shall be conspicuously marked or stamped at the top and bottom on the outside of the front cover (if any), on the title page (if any), on the first page, on the back page and on the outside of the back cover (if any). Each interior page of a document shall be conspicuously marked stamped at the top and bottom with the highest classification of information appearing thereon, including the designation "Unclassified" when appropriate. or In special situations, such as the printing by the Government Printing Office or similar facility of classified documents comprised of many pages (studies, manuscripts, reports, manuals, etc.), the overall classification assigned to the document may be shown on each page provided, That the classified and unclassified parts of that page are clearly identified to the recipient by paragraph marking or by other means set forth in the document. In such cases, paragraph marking or other means shall take precedence over page marking. § 159.401-1 Marking components. In some complex documents, its major components are likely to be used separately. In such instances, each major component shall be marked as a separate document. Examples include: (a) Each annex, appendix, or similar component of a plan, program, or operations order; (b) attachments and appendices to a memorandum or letter; (c) each major part of a report. § 159.401-2 Paragraph marking. Each section, part, paragraph or subparagraph, when there are differences in their classifications, shall be marked to show the level of classification, if any, or that such section, part, paragraph or subparagraph is unclassified. For example, when the text of the lead in (basic) portion of a paragraph is unclassified but subsequent subparagraphs are classified, the lead in paragraph shall be marked as Unclassified and each subparagraph shall be marked with its respective classification status as appropriate. In this instance, the symbol denoting the overall classification of the paragraph would be shown immediately following the paragraph number or letter as the case may be. At the end of the text of the unclassified lead in paragraph the symbol "(U)" shall be shown. Classification levels of subparagraphs will be shown by the appropriate classification symbol immediately following the subparagraph letter or number as the case may be. If in an exceptional situation, such marking is determined to be impractical, the document shall contain a description sufficient to identify the exact information which is classified and the categories to which it is assigned. When different items of information in one paragraph require different classifications, but segregation into separate paragraphs would destroy continuity or context, the highest classification required for any item shall be applied to that paragraph. In marking paragraphs, sections or parts, the appropriate marking shall be placed immediately preceding and to the left of the parts involved. If desired, the symbols (TS) for Top Secret, (S) for Secret, (C) for Confidential, and (U) for Unclassified, may be used. When appropriate, the symbols (RD) for Restricted Data and (FRD) for Formerly Restricted Data shall be added. Whenever a useful purpose will be served, paragraphs of U.S. documents containing foreign originated information should be marked to reflect the country or International Pact Organization of origin and the appropriate classification, e.g., "NATO(S)" or "U.K.(C)". § 159.401-3 Compilations. In cases where the use of a classification is required to protect a compilation of information under § 159.202-14, the overall classification assigned to such documents shall be placed conspicuously at the top and bottom of each page and on the outside of the front and back covers, if any, and an explanation of the basis for the assigned classification shall be included on the document or in its text. § 159.401-4 Subjects, titles, abstracts and index terms. Subjects, titles, abstracts and index terms shall be selected, if possible, so as not to require classification. However, a classified subject, title, abstract or index term may be used when necessary to convey meaning. To show its classified or unclassified status, each such item shall be marked with the appropriate symbol, (TS), (S), (C), or (U) placed immediately following and to the right of the item. When appropriate, the symbols (RD) and (FRD) shall be added. |