ration, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency.

(d) "USDA Agency Head" means the Administrator or the chief Executive Officer of a USDA agency in the Department.

(e) "Original classification" means the initial determination by a United States Government employee, who has or had original classification authority pursuant to the Order or predecessor Orders, that information owned by, produced for or by, or under the control of the United States Government requires protection against unauthorized disclosure and is so designated.

(f) "Derivative classification" means that information used in a new document is in substance the same information currently classified in a source document. The extracted information used in the new document must be classified at the same level as in the source document.

§ 10.2 Authority to classify.

(a) USDA officials do not have original classification authority for information or material that is created within the Department.

(b) Should a USDA employee originate information believed to require original classification, the information shall be protected in the manner prescribed by the Order and the appropriate internal procedures formulated by the Department Security Officer and published in a Department manual concerning the safeguarding of classified information. The Department Security Officer shall transmit the document to the agency which has appropriate subject matter interest and original classification authority. The Order provides that the agency shall decide within thirty (30) days whether to classify the information. When it is not clear which agency should receive the information, it shall be sent to the Director of the Information Security Oversight Office for a determination.

§ 10.3 Derivative classification.

(a) Responsibility. (1) Derivative application of classification markings is the responsibility of those USDA employees who incorporate, paraphrase, restate, or generate in new form, information which is already classified or those who apply markings in accordance with guidance from an authorized classifier. Employees who apply derivative classifications should determine whether their paraphrasing, restating or summarizing of classified information has removed all or part of the basis for classification, in which case the document may be assigned a lower classification, or may be issued in unclassified form.

(2) Employees who apply derivative classification markings shall:

(i) Respect original classification decisions;

(ii) Verify the information's current level of classification so far as practicable before applying the markings; and

(iii) Carry forward to any newly created documents the assigned dates or events for declassification or review and any additional authorized markings. Where checks with the original classification authority of a source document result in no change in the classification of the source document, the new document shall be marked accordingly.

(b) Marking derivatively classified documents. (1) Paper copies of derivatively classified documents shall be marked at the time of preparation as follows:

(i) The classification authority shall be shown on a "classified by" line, e.g. "classified by (insert identity of classification guide)" or "classified by (insert identity of original classification)." If the classification is derived from more than one source, the single phrase "multiple sources" may be shown, provided that identification of each such source is maintained with the file or record copy of the document.

(ii) The date and identity of the office originating the derivatively classified document shall be shown on the document.

(iii) Dates or events for declassification or review shall be carried forward

from the source material or classification guide and shown on a "declassify on" or "review for declassification on" line. If the declassification is derived from more than one source, the latest date for declassification or review applicable to the various source materials shall be applied to the new information.

(iv) One of the three classification designations (Top Secret, Secret, or Confidential), shall be stamped at both the top and bottom of each page containing classified information.

(v) Documents derivatively classified for more than six (6) years shall be marked with the identity by title of the Top Secret classification authority who authorized the prolonged classification of the source document. The derivatively classified document shall reflect the reason for prolonging the classification as stated on the source document. These markings shall be shown as "Extended by (insert name or title of position or Top Secret classification authority)" and "Reason for extension: (State reason or applicable reference)."

(2) Derivatively classified documents that contain or reveal information that is subject to special dissemination and reproduction limitations authorized by Section 4 of the Order shall be marked clearly so as to alert the user of the restrictions.

(3) Any additional markings appearing on the source documents shall be carried forward to the new documents when appropriate.

(4) Overall and page markings of documents. The overall classification of a derivatively classified document shall be marked, stamped, or permanently affixed 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). Each interior page of a classified document shall be marked or stamped at the top and bottom either according to the highest overall classification of the content of the page, including the designation "unclassified" when appropriate, or according to the highest overall classification of the document. The classification marking of the page shall not supersede the classification marking

or portions of the page marked with lower levels of classification.

(5) Mandatory portion marking (i) The writer of a derivatively classified document shall identify the level of classification of each classified portion of a document (including subjects and titles), and those portions that are not classified. This action, known as portion marking, shall be accomplished by placing a parenthetical designator immediately preceding the text that it governs. The symbols "(TS)" for Top Secret, "(S)" for Secret, "(C)" for Confidential, and "(U)" for Unclassified shall be used for this purpose. Each portion of a classified document need not be separately marked if all portions are classified at the same level provided a statement to that effect is included in the document.

(ii) Marking foreign government information. Except in those cases where such markings would reveal intelligence information, foreign government information incorporated in United States documents shall, whenever practical, be identified in such manner as to assure that the foreign government information is not declassified prematurely or made accessible to nationals of a third country without consent of the originator. Documents classified by a foreign government or an international organization of governments will, if the foreign classification is not in English, be marked with the equivalent U.S. classification.

(c) Prohibitive markings or classification. (1) Only the designations "Top Secret," "Secret" or "Confidential" as prescribed by the Order may be used to identify classified information. Markings such as "For Official Use Only" and "Limited Official Use" shall not be used for that purpose. Terms such as "Conference" or "Agency" may not be used in conjunction with the derivative classification designations; e.g., "Agency Confidential" or "Conference Confidential."

(2) Derivative classification shall not be used to conceal violations of law, inefficiency, or administrative error; to prevent embarrassment to a person, organization or Agency; or to restrain competition.

(3) No document originated on or after December 1, 1978, shall be de

(a) Declassification of information shall be given emphasis comparable to that accorded classification. Information classified pursuant to the Order and prior orders shall be declassified as early as national security considerations permit in order to preserve the effectiveness of information which no longer requires classification protection. Decisions concerning declassification shall be based on the loss of sensitivity of the information with the passage of time or on the occurrence of an event which permits declassification. When information is reviewed for declassification pursuant to the Order or the Freedom of Information Act, it shall be declassified unless the declassification authority established pursuant to paragraph (b) of this section determines that the information continues to meet the classification requirements prescribed in the Order despite the passage of time.

(b) The authority to downgrade and declassify national security information originally classified within USDA shall be exercised as follows:

(1) By the Secretary of Agriculture; Deputy Secretary; Under Secretary for International Affairs and Commodity Programs; each Assistant Secretary; Director of Economics, Policy Analysis and Budget, each Deputy Under Secretary, Deputy Assistant Secretary or Deputy Director of Economics, Policy Analysis and Budget within the Office of the Secretary with respect to all information over which their respective offices exercise jurisdiction.

(2) By the USDA official who authorized the original classification if that official is still serving in the same position, by a successor, or by a designated supervisory official of either.

(3) By the Department Security Officer or official at the division chief

level as a result of their professional knowledge of the subject matter as it relates to the national security.

§ 10.5 Systematic review declassification guidelines.

(a) The Department Security Officer shall prepare and keep current such guidelines as are acquired by the Order for the downgrading and declassification of USDA-originated material that is twenty (20) years old or older. (b) When new guidelines become necessary, they shall state specific limited categories of information which, due to their national security sensitivity, should not be declassified automatically, but should be reviewed to determine whether continued protection beyond twenty (20) years is needed. Such guidelines shall be authorized for use by the Archivist of the United States and with the approval of the Secretary of Agriculture, for any USDA Agency having custody of the information covered by the guidelines. All information, except foreign government information, not identified in these guidelines as requiring review and for which a prior automatic declassification date has not been established shall be declassified automatically at the end of twenty (20) years from the date of original classification. Copies of declassification guidelines promulgated by this Department shall be provided to the Information Security Oversight Office.

(c) Only the Secretary of Agriculture may extend classification of information originally classified in the past within USDA beyond twenty (20) years utilizing the procedures to be established by an implementing directive. This authority may not be delegated. When classification is extended beyond twenty (20) years, a date not to exceed ten (10) years later shall be set for declassification or the next review. That date and the action specified shall be marked on the document. Subsequent reviews for declassification shall be set at no more than ten (10) year intervals unless a longer interval has been authorized by the Director of the Information Security Oversight Office upon specific request of the Secretary of Agriculture.

(d) Foreign government information. Foreign government information shall be exempt from automatic declassification and the twenty (20) year systematic review. Unless declassified earlier, such information shall be reviewed for declassification thirty (30) years from its date of original classification. Following consultation with the Archivist of the United States and, where appropriate, with the foreign government or international organization concerned, the Secretary of Agriculture will issue by December 1, 1981, guidelines for the systematic review of thirty (30) year old foreign government information of primary concern to this Department. The Department Security Officer shall coordinate administrative functions necessary to effect review of these guidelines by the Secretary of Agriculture at least once every two (2) years. If, after applying the guidelines to thirty (30) year old foreign government information, the reviewer determines that continued classification is necessary, a date for declassification or for review no more than ten (10) years later shall be set. That action and date shall be marked on the document. Subsequent review dates shall be set at no more than ten (10) year intervals. A copy of these guidelines and any revisions thereto shall be furnished to the Information Security Oversight Office. Upon request, the Department of State is available to provide advice and assistance as is necessary to effect foreign government coordination of the guidelines.

§ 10.6 Systematic review procedures.

Information originally classified within USDA shall be reviewed for declassification as it becomes twenty (20) years old. Transition to systematic review at twenty (20) years shall be implemented as rapidly as practicable and shall be completed by December 1, 1988.

§ 10.7 Mandatory review for USDA originally classified documents.

(a) USDA originally classified documents, upon request from a member of the public, a Government employee or from agencies to declassify and release

such documents under the provisions of the Order, shall be reviewed by the Department Security Officer and the USDA Agency responsible for the original classification in accordance with the procedures of this section.

(b) Information originally classified within USDA ten (10) years old or older is subject to mandatory review for declassification in accordance with procedures developed by the Archivist of the United States which provide for consultation with the Department in matters of primary subject interest to USDA.

(c) Requests for mandatory review of classified information shall be submitted in accordance with the following:

(1)

Requests originating within USDA shall be submitted directly to the Department Security Officer for review and a declassification determination.

(2) Requests from a member of the public or other agencies may direct requests for mandatory review of classified information under the Order to the

Department Security Officer, Office of Personnel, Administration Building, U.S. Department of Agriculture, Washington, D.C. 20250. The Security Officer shall, in turn, refer the request to the appropriate USDA Agency Head for action.

(d) Requests for declassification review and release of information shall be processed in accordance with the provisions of this Section, subject to the following conditions:

(1) The request is in writing and reasonably describes the information sought with sufficient particularity to enable the USDA Agency to identify it.

(2) The USDA Agency shall notify the requester if the request does not identify sufficiently the information sought. The requester shall then be given an opportunity to provide additional information to describe the information with particularity enabling identification of the requested materi

al.

(3) If within thirty (30) days after the notification is mailed the requester does not describe the information sought with sufficient particularity, the USDA Agency shall notify the re

quester why no action shall be taken on the request.

(4) If the request requires the rendering of services for which fees may be charged pursuant to 31 U.S.C. 438a, the requester shall be so notified before the service is rendered.

(e) Requests that meet the foregoing requirements for processing shall be processed as follows:

(1) The USDA Agency shall immediately acknowledge receipt of the request in writing.

(2) The USDA Agency shall make a determination within thirty (30) days or shall explain to the requester why additional time is necessary, but such extension shall not exceed thirty (30) days.

(3) If the information has been determined to have been properly classified and therefore not subject to release, the requester shall be given a statement as to the reasons for its continued classification status and a notice of the right to appeal the determination to the Director of Personnel, Office of Personnel (include name, title, and address), and that such an appeal must be submitted within sixty (60) days in order to be considered.

(4) If no determination has been made at the end of sixty (60) days from receipt of the request for review, the requester may appeal to the Director of Personnel, Office of Personnel, for a determination.

(5) (i) When a USDA Agency receives a request for declassification of information in a document which is in the custody of the UDSA Agency which was classified by another agency, the USDA Agency shall refer the request to the classifying agency together with a copy of the document containing the information requested when practicable, and shall notify the requester of the referral and that a response will be sent to the requester by the agency which was sent the referral.

(ii) When a USDA Agency receives such a referral, it shall process the request in accordance with the requirements of this section, respond directly to the requester and, if so requested, shall notify the referring agency of the determination made on the request.