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Marking

Guidance on Executive Order 13526 "Marking Classified Information" 

These reference questions pertain to E.O. 13526

Please Contact ISOO if you have more questions

1. How is a derivative document marked if the source document has no date?

  • Mark the document 25 years from the date of the creation of the derivative document.

 

2. How are dynamic documents portioned mark?

  • Portion mark the sections or portions that you can, and the overall marking of the document. If a section or portion can not be marked, it can not be used a derivative source document.

 

3. How are documents being declassified remarked?

  • The only documents "allowed" to be remarked are those being requested for FOIA, MDR or other public access, and that are still in control of the agency. Do not remark any documents that are subject to automatic declassification or that have been accessioned to the National Archives.  For guidance on remarking declassified documents, refer to the ISOO Marking Book.

 

4. Can a classification be extended?

  • Only an OCA with jurisdiction over the information may extend the duration of classification for up to 25 years from the date of the origin of the document. In cases where an extension is made, the “Declassify On” line shall be revised to include the new declassification instructions and shall include the identity of the person authorizing the extension and the date of the action.

     

    5. If a security declassification guide has an instruction to mark certain information for declassification for 25 years, is it from the date of the guide or the date of the document?

    • The "25 years" denotes 25 years from the date of document creation, not the date of the security classification guide.

     

    6. If we receive a classified document and notice the classification level is not on the top and bottom of every page is it okay to mark the top and bottom with the appropriate classification level of the document even though we did not create the document?

    • Yes, you should go ahead and mark the document properly, but you should also let the sender know so that they can mark the original document properly.

     

    7. When were portion markings first required on classified documents?

    • E.O. 11652, Classification and Declassification of National Security Information and Material, June 8, 1972, signed by Richard Nixon

    The following rules shall apply to classification of information under this order:

    • (A) Documents in General. Each classified document shall show on its face its classification and whether it is subject to or exempt from the General Declassification Schedule. It shall also show the office of origin, the date of preparation and classification and, to the extent practicable, 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. Material containing references to classified materials, which references do not reveal classified information, shall not be classified.

    E.O. 12065, National Security Information, June 28, 1978, signed by Jimmy Carter

    • 1.504 In order to facilitate excerpting and other uses, each classified document shall, by marking or other means, indicate clearly which portions are classified, with the applicable classification designation, and which portions are not classified.  The Director of the Information Security Oversight Office may, for good cause, grant and revoke waivers of this requirement for specified classes of documents or information.

     

    8. If individual PowerPoint© slides within a classified presentation have an overall classification of unclassified, is it really necessary to mark the portions as unclassified?

    • When you are marking a classified document, it is critical that all portions be appropriately marked so as to avoid any confusion about the classification of each portion.  32 CFR 2001.21(c) states that each portion...shall be marked to indicate which portions are classified and which portions are unclassified.  This remains true regardless of the overall classification of that page.  If you were to take an unmarked portion out of one briefing and place that portion into another briefing, and there is no accompanying marking, you have created a classification problem.

     

    9. If I have a classified document that was prepared/classified by a DIFFERENT government agency PRIOR to E.O. 13526, and which is not portion marked as it would be required under E.O. 13526, that the holding (using) agency is not obligated to push back to the producing/classifying agency to correct the document, as it is in essence Grandfathered, so to speak, but that there would be a requirement for a note to be made on the Grandfathered document saying something to the effect that “This document may not be used to produce other derivatively classified documents…”

    • There is an inherent responsibility to go back to the originating agency and request proper markings.  However, if this is not possible, then you are correct in that the document cannot be used as a source document for other derivatively classified documents and must contain a statement stating so.

     

    10.  How can I identify Classified National Security Information?

    There are three basic tests that you can apply to determine whether a document contains classified information:

    • The information should concern the national security of the U.S. government. If the document was created by a private organization or a state government agency, it may contain classified national security information only if the organization or agency was serving as an agent of the Federal Government. Defense contractors and research laboratories are obvious examples. Also, the information should not concern personal, private, or purely political issues. Over the decades, many documents have been stamped “Confidential” not because they would damage national security if released, but to indicate some other type of sensitivity. When in doubt, consider the document classified.
    • There should be a classification marking on the top and bottom of every page of the document. Very old documents may have markings only on the top of the first page. In more recent documents, individual paragraphs may also be marked with markings like "(S)" for Secret or "(C)" for Confidential.
    • The document should not be marked as declassified. A declassification marking should look like an official stamp that indicates the name and office of the person who authorized the declassification action. A copy of a declassified document from the National Archives and Records Administration should include a marking that includes a project number starting with "NND" or "NW."

    While these are the primary means of identifying classified information, those who suspect they have classified materials in their collections should also be careful to examine documents for:

    • Since World War II, when the British used the word “Ultra” to designate intelligence obtained by cracking the German Enigma encryption machine, the most sensitive types of information of the U.S. government has been identified by special codewords. These include intercepts of encoded enemy radio signals, information about satellite reconnaissance programs, and human intelligence programs. If you see words like "Umbra," "Talent-Keyhole," "Ruff," or "Gamma" on records also carrying a "Secret" or "Top Secret" classification marking, you should realize that you have in your collections something particularly damaging to national security if improperly released, regardless of the age of the records.
    • Since World War II, when the British used the word “Ultra” to designate intelligence obtained by cracking the German Enigma encryption machine, the most sensitive types of information of the U.S. government has been identified by special codewords. These include intercepts of encoded enemy radio signals, information about satellite reconnaissance programs, and human intelligence programs. If you see words like "Umbra," "Talent-Keyhole," "Ruff," or "Gamma" on records also carrying a "Secret" or "Top Secret" classification marking, you should realize that you have in your collections something particularly damaging to national security if improperly released, regardless of the age of the records. 

    "Restricted Data" and "Formerly Restricted Data" markings. 

    • These designations of categories refer to all data concerning the design, manufacture, or utilization of atomic weapons; the production of special nuclear material; or the use of special nuclear material in the production of energy. Despite the misleading nature of the phrase "Formerly Restricted Data," documents with this marking remain sensitive and must be protected.

    Unmarked Classified National Security Information. 

    • Records of national security officials should be reviewed and handled carefully, as the classification marking requirements were not always executed on informal records such as handwritten notes. In all cases, it is the sensitivity of the information that determines classification. An unmarked, handwritten page can just as easily contain classified national security information as a document containing classification markings. When in doubt, treat handwritten notes concerning intelligence, military, diplomatic, or emergency planning matters as classified national security information.

    Declassification Dates. 

    • Some documents may have been originally marked with a date on which the document may be declassified. These dates are useful in determining the relative sensitivity of the information contained in the document, but occasionally these markings are erroneous or invalid. Remember that regardless of markings, only a U.S. government declassification authority can declassify classified information.

    Foreign Government Information. 

    • Foreign governments routinely share classified information with the U.S. government. Foreign government information received by a U.S. government agency with a promise of non-disclosure should remain protected, but in some cases information may be declassified and released. Many foreign markings resemble U.S. markings.

    Controlled Unclassified Information. 

    • Federal agencies have designated some types of information as requiring a degree of control that does not rise to the level as that for information that would damage national security if released. These types of markings include "For Official Use Only," "Limited Official Use," or "Sensitive but Unclassified." These types of markings do not designate classified national security information. Archivists processing papers containing U.S. Government information should not release out for social security numbers for living people, health care information, and other personal information collected from private citizens.

    Closed Congressional Information. 

    • Archivists processing the papers of former congressmen should be aware that the rules of the U.S. Senate and the House of Representatives restrict public access to certain types of closed committee and investigative records, regardless of whether they contain classified national security information, for up to 50 years.

    Codeword Information. 

    • Since World War II, when the British used the word “Ultra” to designate intelligence obtained by cracking the German Enigma encryption machine, the most sensitive types of information of the U.S. government has been identified by special codewords. These include intercepts of encoded enemy radio signals, information about satellite reconnaissance programs, and human intelligence programs. If you see words like "Umbra," "Talent-Keyhole," "Ruff," or "Gamma" on records also carrying a "Secret" or "Top Secret" classification marking, you should realize that you have in your collections something particularly damaging to national security if improperly released, regardless of the age of the records.

     

    11. When saving a classified document, how do I mark the file name to indicate the classification of the document?

    • Name a file for dissemination or public posting something like (abbreviated Classification of Title) Title (classified - the level). For example, a SECRET level document with an FOUO title might look like this- (FOUO)Title(SECRET).

     

    12. If a program is classified but the title is not, can I reference that in an unclassified email? 

    • Yes, but be careful not to provide any additional details that could potentially reveal classification by compilation. 

     

    13. When referencing other document(s) within my document, how do I portion mark the references?

    • If the file name itself is classified, then its existence needs to be protected at that level.
    • In writing, references should be listed as (Classification of Title) Title (Classification of Document Contents). 

     

    14. Do I need Derivative Classification Stamps at the bottom of emails with derivatively classified information?

    •  Yes, if using a marking tool that pops up when hitting send  use that tool to create a template classification authority block (CAB) and it should then automatically stamp the emails. 
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