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32 C.F.R. § 2001.10   Classification standards [1.1, 1.5].¹

Title 32 - National Defense

Title 32: National Defense
PART 2001—CLASSIFIED NATIONAL SECURITY INFORMATION
Subpart A—Classification

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§ 2001.10   Classification standards [1.1, 1.5].¹

¹ Bracketed references pertain to related sections of Executive Order 12958, as amended by E.O. 13292.

(a) “An original classification authority with jurisdiction over the information” includes:

(1) The official who authorized the original classification, if that official is still serving in the same position;

(2) The originator's current successor in function;

(3) A supervisory official of either; or

(4) The senior agency official under Executive Order 12958, as amended (“the Order”).

(b) “Permanently valuable information” or “permanent historical value” refers to information contained in:

(1) Records that have been accessioned into the National Archives of the United States;

(2) Records that have been scheduled as permanent under a records disposition schedule approved by the National Archives and Records Administration (NARA); and

(3) Presidential historical materials, presidential records or donated historical materials located in the National Archives of the United States, a presidential library, or any other approved repository.

(c) Identifying or describing damage to the national security. Section 1.1(a) of the Order sets forth the conditions for classifying information in the first instance. One of these conditions, the ability to identify or describe the damage to the national security, is critical to the process of making an original classification decision. There is no requirement, at the time of the decision, for the original classification authority to prepare a written description of such damage. However, the original classification authority must be able to support the decision in writing, including identifying or describing the damage, should the classification decision become the subject of a challenge or access demand.

(d) Declassification without proper authority. Classified information that has been declassified without proper authority remains classified. Administrative action shall be taken to restore markings and controls, as appropriate.

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