[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.35]

[Page 825-826]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE
 
PART 159a--INFORMATION SECURITY PROGRAM REGULATION--Table of Contents
 
                           Subpart E--Marking
 
Sec. 159a.35  Additional warning notices.

    (a) General Provisions. (1) In addition to the marking requirements 
prescribed in Sec. 159a.31(d), the warning notices prescribed in this 
section shall be displayed prominently on classified documents or 
materials, when applicable. In the case of documents, these warning 
notices shall be marked conspicuously on the outside of the front cover, 
or on the first page if there is no front cover. Transmittal documents, 
including those that are unclassified (Sec. 159a.35(g)), also shall bear 
these additional warning notices, when applicable. In addition, 
abbreviated forms of the notices set forth in Sec. 159a.35(a), (b), and 
(c) shall be included in portion markings, as applicable. Further, the 
warning notice in paragraph (d) of this section, in its short form, 
shall be included at least once on interior pages, as applicable.
    (2) When display of warning notices on other materials is not 
possible, their applicability to the information shall be included in 
the written notification of the assigned classification.
    (b) Restricted Data. Classified documents or material containing 
Restricted Data as defined in the Atomic Energy Act of 1954, as amended 
shall be marked as follows:

                             RESTRICTED DATA

    This material contains Restricted Data as defined in the Atomic 
Energy Act of 1954. Unauthorized disclosure subject to administrative 
and criminal sanctions.

    (c) Formerly Restricted Data. Classified documents or material 
containing Formerly Restricted Data, as defined in section 142.d, Atomic 
Energy Act of 1954, as amended, but no Restricted Data, shall be marked 
as follows:

                        FORMERLY RESTRICTED DATA

    Unauthorized disclosure subject to administrative and criminal 
sanctions. Handle as Restricted Data in foreign dissemination. Section 
144.b, Atomic Energy Act, 1954.

    (d) Intelligence Sources or Methods Information. (1) Documents that 
contain information relating to intelligence sources or methods shall 
include the following marking unless otherwise proscribed by DoD 
Instruction 5230.22:

        WARNING NOTICE--Intelligence Sources or Methods Involved

    (2) Existing stamps or preprinted labels containing the caveat 
``Warning Notice--Intelligence Sources and Methods Involved'' may be 
used on documents created on or after the effective date of this part 
until replacement is required. Any replacement or additional stamps or 
labels purchased after the effective date of this part shall conform to 
the wording of paragraph (d)(1) of this section.
    (e) COMSEC Material. Before release to contractors, COMSEC documents 
will indicate on the title page, or first page if no title page exists, 
the following notation:

    COMSEC Material--Access by Contractor Personnel Restricted to U.S. 
Citizens Holding Final Government Clearance.


This notation shall be placed on COMSEC documents or material when 
originated and when release to contractors can be anticipated. Other 
COMSEC documents or material shall be marked in accordance with National 
COMSEC Instruction (NACSI) 4003. Foreign dissemination of COMSEC 
information is governed by NCSC Policy Directive 6.
    (f) Dissemination and Reproduction Notice. Classified information 
that the DoD originator has determined to be subject to special 
dissemination or reproduction limitations as outlined in Sec. 159a.54(1) 
shall include, as applicable, a statement or statements on its cover 
sheet, first page, or in the text, substantially as follows:

[[Page 826]]

    Reproduction requires approval of originator or higher DoD 
authority.
    Further dissemination only as directed by (insert appropriate office 
or official) or higher DoD authority.

    (g) Other Notations. Other notations of restrictions on 
reproduction, dissemination or extraction of classified information may 
be used as authorized by DoD Directive C-5200.5, DoD Instruction 
5230.22, DoD Directive 5210.2 \1\\4\, DoD Directive 5100.55 \1\\5\, DoD 
Directive 5200.30, Joint Army-Navy-Air Force Publication 119, DoD 
Directive 5230.24, and NACSI 4003.
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    \1\\4\ See footnote 1 to Sec. 159a.3.
    \1\\5\ See footnote 1 to Sec. 159a.3.
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