tee is responsible for the following functions:

(1) Provide assistance and advice to the Assistant Secretary for Administration in carrying out his/her responsibilities concerning implementation and administration of the Order, Information Security Oversight Office Directives.

(2) Review all appeals of requests for records under the provisions of Mandatory Review for Declassification (section 3.4 of the Order) when the proposed denial is based on their continued classification under the Order.

(3) Recommend to the Secretary of Agriculture appropriate administrative sanctions to correct abuse or violation of any provision of the Order, Information Security Oversight Office Directives, or this regulation.

(B) Members of the Department Review Committee shall consist of: (1) Assistant Secretary for Administration (chairperson)

(2) Director of Personnel

(3) Department Security Officer (4) Appropriate USDA Agency Head having jurisdiction over the subject matter of the document

(5) Head of the unit subordinate to the USDA Agency Head, who has a working knowledge of the subject matter or information under consideration.

§ 10.3 Classification levels.

(a) Only three (3) levels of classification are authorized: "Top Secret," "Secret," and "Confidential."

(1) Top Secret. Information may be classified "Top Secret" if its unauthorized disclosure could reasonably be expected to cause exceptionally grave damage to the national security.

(2) Secret. Information may be classified "Secret" if its unauthorized disclosure could reasonably be expected to cause serious damage to the national security.

(3) Confidential. Information may be classified "Confidential" if its unauthorized disclosure could reasonably be expected to cause damage to the national security.

§ 10.4 Authority to classify.

(a) USDA officials do not have original classification authority for infor

mation or material that is created within the Department.

(b) When a USDA employee originates information and has a reasonable doubt about the need to classify the information, the information shall be safeguarded as if it were "Confidential" pending a determination about its classification by an original classification authority. When there is reasonable doubt about the appropriate classification level, the information shall be safeguarded at the higher level pending determination of its classification level. In either case, the information shall be released to the Department Security Officer who shall transmit the document to the Agency which has appropriate subject matter interest and original classification authority. The Order provides that the Agency having original classification authority shall decide within thirty (30) days whether to classify the information. When it is unclear which Agency should receive the information, it shall be sent to the Director of the Information Security Oversight Office. The Director shall determine the Agency having primary subject matter interest and forward the information, with appropriate recommendations, to that Agency for a classification determination.

§ 10.5 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. If an employee who applies derivative classification markings believes that the paraphrasing, restating or summarizing of classified information has removed the basis for classification, the employee must consult an appropriate official of the originating Agency who has the authority to upgrade, downgrade or declassify the information for a determination. A sample marking of a derivatively classified document appears in the appendix section of these regulations.

(2) Employees who apply derivative classification markings shall:

(i) Respect original classification decisions;

(ii) Carry forward to any newly created documents the assigned dates or events for declassification or review and any additional authorized markings.

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

(i) Overall marking. The highest level of classification of information in

a document shall be marked in such a way as to distinguish it clearly from the informational text. These markings shall appear 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).

(ii) Page marking. Each interior page of a derivatively classified document shall be marked at the top and bottom according to the highest classification of the content of the page, including the designation "unclassified" when applicable, or with the highest overall classification of the document.

(iii) Portion marking. Each portion of a document, including subjects and titles, shall be marked by placing a parenthetical designation immediately preceding or following the text to which it applies. The symbols "(TS)" for Top Secret "(S)" for Secret, "(C)" for Confidential and "(U)" for Unclassified shall be used for this purpose. If the application of parenthetical designations is not practicable, the document shall contain a statement sufficient to identify the information that is classified and the level of such classification, as well as the information that is not classified. If all portions of a document are classified at the same level, this fact may be indicated by a statement to that effect.

(iv) Classification authority. The authority for classification shall be shown on the bottom of the first page of the derivatively classified document as follows:

Derivatively Classified by (name of USDA employee) USDA Agency

Derived from (Insert identity of original classification)

Declassify on (Date listed on source document)

If a document is classified on the basis of more than one source document or classification guide, the authority for classification shall be shown on the "derived from" line as "classified from multiple sources." In these cases, the derivative classifier shall maintain the identification of each source with the file or record copy of the derivatively classified document. A document derivatively classified on the bases of a

source document that is marked "classified by multiple sources" shall cite the source document on its "derived from" line.

(v) Declassification and downgrading instructions. Dates or events for automatic downgrading or declassification, or the notation "originating Agency review required" to indicate that the document is not to be downgraded or declassified automatically, shall be carried forward from the source document, or as directed by a classification guide, and shown on the "declassify on" or an additional line "downgrade to".

(c) Special markings. (1) Transmittal documents. A transmittal document shall indicate on its face the highest classification of any information transmitted by it. It shall also include the following instruction:

For an unclassified transmittal document, the marking "unclassified when classified enclosure is removed" shall be used on the bottom of the last page.

(2) Information marked "Restricted Data" or "Formerly Restricted Data" in accordance with regulations issued under the Atomic Energy Act of 1954, as amended, shall be handled, protected, classified, downgraded, and declassified in conformity with the provisions of the Atomic Energy Act of 1954, as amended.

(3) Derivatively classified documents that contain information from a source document relating to intelligence sources or methods shall include the marking "warning notice-intelligence sources or methods involved" on the bottom of the first and last pages

unless otherwise prescribed by the Director of Central Intelligence.

(4) Foreign government information. Documents that contain foreign government information shall include the marking "foreign government information" on the bottom of the first and last pages of the documents. If the fact that information is foreign government information must be concealed, the marking shall not be used and the derivatively classified document shall be marked as if it were wholly of U.S. origin.

(5) Information classified under predecessor Orders on source documents shall be considered as classified at that level of classification despite the omission of other required markings. The same classification shall be applied to the derivatively classified document.

(6) Change in classification marking. When the original classifier of a source document notifies the appropriate USDA employee, as the holder of a copy of the source document, that a change in the duration of the classified information and/or a change in the level of classification is being made, the USDA employee shall line through the old markings to conform to the change. The authority for the action and date shall be conspicuously marked on the bottom of the first page of the document to indicate the change.

(d) Prohibitive markings or classification. Markings such as "For Official Use Only" or "Limited Official Use" shall not be used to identify national security information. No other term or phrase shall be used in conjunction with these designations, such as "Secret Sensitive" or "Agency Confidential" to identify national security information.

to automatic declassification or that is marked for review before declassification shall remain classified until reviewed for declassification.

(c) Automatic declassification determinations under predecessor Orders shall remain valid unless the classification is extended by an authorized official of the originating Agency. Authority to extend the classification of information subject to automatic declassification under predecessor Orders is limited to those officials who have original classification authority at the level of the information to remain classified or by the Director of the Information Security Oversight Office.

(d) Whenever the appropriate USDA employee is notified by an authorized official from the Agency with original classification authority that change has been made in the original classification or in the dates of downgrading or declassification of any classified information, the USDA employee shall promptly and conspicuously mark both the copy of the source document and any derivatively classified documents to reflect the change, the authority for the action, the date of the action, and the identity of the employee taking the action.

(e) Authority to declassify and downgrade. 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; Under Secretary for Small Community and Rural Development; each Assistant Secretary; each Deputy Under Secretary; or each Deputy Assistant 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 an official at the division chief level as a result of his/her professional knowledge of the subject matter as it relates to the national security.

§ 10.7 Systematic review for declassification.

(a) Classified permanent records. Systematic review is applicable only to those classified records and presidential papers or records that the Archivist of the United States, acting under the Paperwork Reduction Act of 1980, has determined to be of sufficient historical or other value to warrant permanent retention. Such records shall be reviewed for declassification as they become thirty (30) years old by the Archivist of the United States with the assistance of USDA personnel designated for the purpose.

Non-permanent

(b) classified records. Non-permanent classified records shall be disposed of in accordance with schedules approved by the Administrator of General Services under the Records Disposal Act. Such records shall be retained during an ongoing mandatory review request or Freedom of Information Act request.

§ 10.8 Mandatory review for USDA originally classified documents.

(a) Policy. (1) Except as provided by section 3.4(b) of the Order, all information originally classified by USDA under predecessor Orders shall be subject to declassification review by the Department Security Officer and the USDA Agency responsible for the original classification provided that (i) the requester is a United States citizen, permanent resident alien, a Federal Agency, or a state or local government; (ii) the request describes the information with sufficient specificity to enable the Department to locate it with a reasonable amount of effort.

(2) USDA Agencies shall process mandatory declassification review requests for classified records in accordance with § 10.8(c).

(3) In response to a request for information under the Freedom of Information Act, the Privacy Act of 1974, or the mandatory review provisions of the Order, USDA Agencies shall refuse to confirm or deny the existence or non-existence of requested information whenever the fact of its existence or non-existence is itself classifiable under the Order.

(4) When a USDA Agency receives a request for declassification of informa

tion in its custody which was originated 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.

(5) Information requested shall be declassified if it no longer requires protection under the provisions of the Order. The information will then be released to the requester unless withholding is otherwise authorized under applicable law, such as the Freedom of Information or Privacy Act. If the information requested cannot be declassified in its entirety, the USDA Agency will make reasonable efforts to release those declassified portions that are reasonably segregable. Upon denial of an initial request, the Department Security Officer shall inform the requester as to the reasons for the denial and a notice of the right to appeal the determination to the Department Review Committee. Such an appeal must be submitted in writing within sixty (60) days.

(6) If no determination has been made at the end of sixty (60) days from receipt of the initial request for review, the requester may appeal to the Assistant Secretary for Administration for a determination.

(b) Processing requirements. (1) Requests for mandatory declassification review may be directed 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.

(2) A valid request must be in writing and reasonably describe the information sought to enable the USDA Agency to identify it.

(3) 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.

(4) If within thirty (30) days after the notification is mailed the request er does not describe the information sought with sufficient particularity, the USDA Agency shall notify the requester why no action will be taken on the request.

(5) Search and duplication fees will be charged pursuant to the provisions of the Department's Fee Schedule, Appendix A, to Part 1 of this Title. The requester shall be notified of the approximate cost of the search and duplication costs before the search is conducted.

Requests

(c) Processing 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 ten (10) working days or shall explain to the requester why additional time is necessary. In no case shall the response time for a final determination exceed one (1) year from the date of receipt of the initial request.

(3) When another Agency forwards to the Department Security Officer a request for information in that Agency's custody that has been classified by USDA, the Department Security Officer 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.

(4) Requests for classified information containing foreign government information may necessitate consultations with other agencies and/or with the foreign originator of the information prior to final action of the request.

§ 10.9 Mandatory review for derivatively classified documents.

(a) Requests for mandatory review for USDA derivatively classified documents shall be processed by the Department Security Officer under the following procedures:

(1) The Department Security Officer shall contact the Agency responsible for orginally classifying the source document for a declassification determination.

(2) If the Agency determines that the originally classified document has been declassified, the Department Security Officer shall so mark the USDA derivatively classified document and release it to the requester.

(3) If the originally classified document has not been declassified, the Department Security Officer shall so notify the requester.

§ 10.10 Appeals.

(a) Appeals from denial of declassification and release of information shall be directed to the Department Review Committee, Administration Building, U.S. Department of Agriculture, Washington, D.C. 20250.

(b) Appeals shall be reviewed and decided within thirty (30) working days of their receipt as follows:

(1) If the documents are declassified in their entirety, the Department Security Office shall forward the documents to the requester.

(2)(i) If the documents are not declassified and released in their entirety, the chairman, Department Review Committee, shall forward a letter of denial to the requester notifying the requester of the decision and a statement of justification for the denial.

(ii) If the decision of the committee is to declassify or release a portion of the documents, the chairman of the committee shall forward a letter of partial denial to the requester. The letter shall include a statement of justification for the partial denial. Those portions of the documents which have been declassified shall be forwarded to the requester.