[Code of Federal Regulations]
[Title 32, Volume 1, Parts 1 to 190]
[Revised as of July 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR159a.25]

[Page 813]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE
 
PART 159a--INFORMATION SECURITY PROGRAM REGULATION--Table of Contents
 
               Subpart D--Declassification and Downgrading
 
Sec. 159a.25  Systematic review.

    (a) Assistance to the Archivist of the United States. The Secretary 
of Defense and the Secretaries of the Military Departments shall 
designate experienced personnel to assist the Archivist of the United 
States in the systematic review of classified information. Such 
personnel shall:
    (1) Provide guidance and assistance to National Archives and Records 
Administration (NARA) employees in identifying and separating documents 
and specific categories of information within documents that are deemed 
to require continued classification; and
    (2) Refer doubtful cases to the DoD Component having classification 
jurisdiction over the information or material for resolution.
    (b) Systematic Review Guidelines. The Director of Security Plans and 
Programs, ODUSD(P), in coordination with DoD Components, shall review, 
evaluate, and recommend revisions of DoD Directive 5200.30 \9\ at least 
every 5 years.
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    \9\ See footnote 1 to Sec. 159a.3.
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    (c) Systematic Review Procedures. (1) Except as noted in this 
subsection, classified information transferred to the NARA that is 
permanently valuable will be reviewed systematically for 
declassification by the Archivist of the United States with the 
assistance of the DoD personnel designated for that purpose under 
paragraph (a) of this section as it becomes 30 years old. Information 
concerning intelligence (including special activities), sources, or 
methods created after 1945, and information concerning cryptology 
created after 1945, accessioned into the NARA will be reviewed 
systematically as it becomes 50 years old. Such information shall be 
downgraded or declassified by the Archivist of the United States under 
E.O. 12356, the directives of the ISOO, and DoD Directive 5200.30.
    (2) All DoD classified information that is permanently valuable and 
in the possession or control of DoD Components, including that held in 
Federal Records Centers or other storage areas, may be reviewed 
systematically for declassification by the DoD Component exercising 
control of such information. Systematic declassification review 
conducted by DoD Components and personnel designated under paragraph (a) 
of this section shall proceed as follows:
    (i) Information over which the Department of Defense exercises 
exclusive or final original classification authority and that under DoD 
Directive 5200.30, the responsible reviewer determines is to be 
declassified, shall be marked accordingly.
    (ii) Information over which the Department of Defense exercises 
exclusive or final original classification authority that, after review, 
is determined to warrant continued protection shall remain classified as 
long as required by national security considerations.
    (3) Classified information over which the Department of Defense does 
not exercise exclusive or final original classification authority 
encountered during DoD systematic review may not be declassified unless 
specifically authorized by the agency having classification jurisdiction 
over it.
    (d) Systematic Review of Classified Cryptologic Information. 
Notwithstanding any other provision of this part, systematic review and 
declassification of classified cryptologic information shall be 
conducted in accordance with special procedures developed in 
consultation with affected agencies by the Director, National Security 
Agency/Chief, Central Security Service, and approved by the Secretary of 
Defense under E.O. 12356 and DoD Directive 5200.30.
    (e) Systematic Review of Intelligence Information. Systematic review 
for declassification of classified information pertaining to 
intelligence activities (including special activities), or intelligence 
sources or methods shall be in accordance with special procedures to be 
established by the Director of Central Intelligence after consultation 
with affected agencies.