Part 1312—Classification, Downgrading, Declassification and Safeguarding of National Security Information
https://www.ecfr.gov/current/title-5/chapter-III/subchapter-B/part-1312
Subpart A—Classification and Declassification of National Security Information
§ 1312.1 Purpose and authority.
§ 1312.3 Classification requirements.
§ 1312.4 Classified designations.
§ 1312.5 Authority to classify.
§ 1312.6 Duration of classification.
§ 1312.7 Derivative classification.
§ 2204. Restrictions on access to Presidential records
[EXCERPTS]
(b)(1) Any Presidential record or reasonably segregable portion thereof containing information within a category restricted by the President under subsection (a) shall be so designated by the Archivist and access thereto shall be restricted until the earlier of--
(A)(i) the date on which the former President waives the restriction on disclosure of such record, or
(A)(ii) the expiration of the duration specified under subsection (a) for the category of information on the basis of which access to such record has been restricted; or
(B) upon a determination by the Archivist that such record or reasonably segregable portion thereof, or of any significant element or aspect of the information contained in such record or reasonably segregable portion thereof, has been placed in the public domain through publication by the former President, or the President’s agents.
(b)(2) Any such record which does not contain information within a category restricted by the President under subsection (a), or contains information within such a category for which the duration of restricted access has expired, shall be exempt from the provisions of subsection (c) until the earlier of--
(A) the date which is 5 years after the date on which the Archivist obtains custody of such record pursuant to section 2203(d)(1) [sic: should reference 2203(g)(1)]; or
(B) the date on which the Archivist completes the processing and organization of such records or integral file segment thereof.
(b)(3) During the period of restricted access specified pursuant to subsection (b)(1), the determination whether access to a Presidential record or reasonably segregable portion thereof shall be restricted shall be made by the Archivist, in his discretion, after consultation with the former President, and, during such period, such determinations shall not be subject to judicial review, except as provided in subsection (e) of this section...
(c)(1) Subject to the limitations on access imposed pursuant to subsections (a) and (b), Presidential records shall be administered in accordance with section 552 of title 5, United States Code [Freedom of Information Act (FOIA)], except that paragraph (b)(5) of that section shall not be available for purposes of withholding any Presidential record, and for the purposes of such section such records shall be deemed to be records of the National Archives and Records Administration. Access to such records shall be granted on nondiscriminatory terms.
(c)(2) Nothing in this Act shall be construed to confirm, limit, or expand any constitutionally-based privilege which may be available to an incumbent or former President.
(e) The United States District Court for the District of Columbia shall have jurisdiction over any action initiated by the former President asserting that a determination made by the Archivist violates the former President’s rights or privileges.
(f) The Archivist shall not make available any original Presidential records to any individual claiming access to any Presidential record as a designated representative under section 2205(3) of this title if that individual has been convicted of a crime relating to the review, retention, removal, or destruction of records of the Archives.
(a) General. All departments and agencies that have original classification authority or previously had original classification authority, or maintain records determined to be permanently valuable that contain classified national security information, shall comply with the automatic declassification provisions of the Order. All agencies with original classification authority shall cooperate with NARA in managing automatic declassification of accessioned Federal records, presidential papers and records, and donated historical materials under the control of the Archivist.
(b) Presidential papers, materials, and records. The Archivist shall establish procedures for the declassification of presidential, vice-presidential, or White House materials transferred to the legal custody of NARA or maintained in the presidential libraries.
(i) Foreign government information. The declassifying agency is the agency that initially received or classified the information. When foreign government information appears to be subject to automatic declassification, the declassifying agency shall determine whether the information is subject to a treaty or international agreement that does not permit automatic or unilateral declassification. The declassifying agency shall also determine if another exemption under section 3.3(b) of the Order, such as the exemption that pertains to United States foreign relations, may apply to the information. If the declassifying agency believes such an exemption may apply, it should consult with any other concerned agencies in making its declassification determination. The declassifying agency or the Department of State, as appropriate, may consult with the foreign government prior to declassification.
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Title 32, Subtitle B, Chapter XX, Part 2001, Subpart E: Safeguarding
https://www.ecfr.gov/current/title-32/subtitle-B/chapter-XX/part-2001/subpart-E
(a) Classified information, regardless of its form, shall be afforded a level of protection against loss or unauthorized disclosure commensurate with its level of classification.
Authorized persons who have access to classified information are responsible for:
(a) Protecting it from persons without authorized access to that information, to include securing it in approved equipment or facilities whenever it is not under the direct control of an authorized person;
(b) Meeting safeguarding requirements prescribed by the agency head; and
(c) Ensuring that classified information is not communicated over unsecured voice or data circuits, in public conveyances or places, or in any other manner that permits interception by unauthorized persons.
(a) Except as provided by the Atomic Energy Act of 1954, as amended, (42 U.S.C. 2011) or the National Security Act of 1947, as amended, (50 U.S.C. 401) Executive Order 12958 provides the only basis for classifying information. Information which meets the test for classification may be classified in one of the following three designations:
(a)(1) Top Secret. This classification shall be applied only to information the unauthorized disclosure of which reasonably could be expected to cause exceptionally grave damage to the national security that the original classification authority is able to identify or describe.
(a)(2) Secret. This classification shall be applied only to information the unauthorized disclosure of which reasonably could be expected to cause serious damage to the national security that the original classification authority is able to identify or describe.
(a)(3) Confidential. This classification shall be applied only to information the unauthorized disclosure of which reasonably could be expected to cause damage to the national security that the original classification authority is able to identify or describe.
If there is significant doubt about the need to classify information, it shall not be classified. If there is significant doubt about the appropriate level of classification, it shall be classified at the lower level.
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(a) Original classification. At the time classified material is produced, the classifier shall apply the following markings on the face of each originally classified document, including electronic media:
(a)(1) Classification authority. The name/personal identifier, and position title of the original classifier shall appear on the "Classified By" line.
(a)(2) Agency and office of origin. If not otherwise evident, the agency and office of origin shall be identified and placed below the name on the "Classified By" line.
(a)(3) Reasons for classification. Identify the reason(s) to classify. The classifier shall include, at a minimum, a brief reference to the pertinent classification category(ies), or the number 1.5 plus the letter(s) that corresponds to that classification category in Section 1.5 of the Executive Order.
(a)(4) Declassification instructions. These instructions shall indicate the following:
(a)(4)(i) The duration of the original classification decision shall be placed on the "Declassify On" line.
(a)(4)(ii) The date or event for declassification that corresponds to the lapse of the information's national security sensitivity, which may not exceed 10 years from the date of the original decision.
(a)(4)(iii) When a specific date or event within 10 years cannot be established, the classifier will apply the date that is 10 years from the date of the original decision.
(a)(4)(iv) The exemption category from declassification. Upon determination that the information must remain classified beyond 10 years, the classifier will apply the letter "X" plus a brief recitation of the exemption category(ies), or the letter "X" plus the number that corresponds to the exemption category(ies) in Section 1.6(d) of the Executive Order.
(a)(4)(v) An original classification authority may extend the duration of classification for successive periods not to exceed 10 years at a time. 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.
(a)(4)(vi) Information exempted from automatic declassification at 25 years should on the "Declassify On" line be revised to include the symbol "25X" plus a brief reference to the pertinent exemption categories/numbers of the Executive Order.
(a)(5) The overall classification of the document is the highest level of information in the document and will be conspicuously placed stamped at the top and bottom of the outside front and back cover, on the title page, and on the first page.
(a)(6) The highest classification of individual pages will be stamped at the top and bottom of each page, to include "unclassified" when it is applicable.
(a)(7) The classification of individual portions of the document, (ordinarily a paragraph, but including subjects, titles, graphics) shall be marked by using the abbreviations (TS), (S), (C), or (U), will be typed or marked at the beginning or end of each paragraph or section of the document. If all portions of the document are classified at the same level, this may be indicated by a statement to that effect.