AR 380-5 Chapter II Classification
AR 380-5 Section 1 Classification Responsibilities AR 380-5 2-100. Accountability of classifiers a. Classifiers are accountable for the propriety of the classifications they assign, whether by exercise of original classification authority or by derivative classification. b. An official who classifies a document or other material and is identified thereon as the classifier is and continues to be an accountable classifier even though the document or material is approved or signed at a higher level in the same organization. (See subsection 4-104.) AR 380-5 2-101. Classification approval a. When an official signs or approves a document or other material already marked to reflect a particular level of classification, he or she shall review the information contained therein to determine if the classification markings are appropriate. If, in his or her judgment, the classification markings are not supportable, he or she shall, at that time, cause such markings to be removed or changed as appropriate to reflect accurately the classification of the information involved. b. A higher level official through or to whom a document or other material passes for signature or approval becomes jointly responsible with the accountable classifier for the classification assigned. Such official has discretion to decide whether a subordinate who has classification authority shall be identified as the accountable classifier when he or she has exercised that authority. AR 380-5 2-102. Classification planning a. Advance classification planning is an essential part of the development of any plan, operation, program, research and development project, or procurement action that involves classified information. Classification must be considered from the outset to assure adequate protection for the information and for the activity itself, and to eliminate impediments to the execution or implementation of the plan, operations order, program, project or procurement action. b. The official charged with developing any plan, program or project in which classification is a factor, shall include under an identifiable title or heading, classification guidance covering the information involved. The guidance shall conform to the requirements contained in section 4 of this chapter. AR 380-5 2-103. Challenges to classification If holders of classified information have substantial reason to believe that the information is classified improperly or unnecessarily, they shall communicate that belief to their security manager (subsection 13-304) or the classifier of the information to bring about any necessary correction. Direct correspondence with the originator of the information is encouraged. Conflicts will be referred to HQDA (DAMI-CIS) WASH DC 20310-1051, for coordination with appropriate headquarters elements and final decision. a. Each DoD Component shall establish procedures whereby holders of classified information may challenge the decision of the classifier. b. Challenges to classification made under this subsection shall include sufficient description of the information being challenged to permit identification of the information and its classifier with reasonable effort. Challenges to classification shall also include the reason or reasons why the challenger believes that the information is classified improperly or unnecessarily. DA Form 1575 (Request for/or Notification of Regrading Action) may be used to make a formal challenge. The rationale supporting the challenge will be entered in the ""Remarks'' section of the form. c. Challenges received under this subsection shall be acted upon within 30 days of receipt. The challenger shall be notified of any changes made as a result of the challenge or the reasons why no change is made. d. Pending final determination of a challenge to classification, the information or document in question shall be safeguarded as required for the level of classification initially assigned. e. The fact that an employee or military member of the Department of Defense has issued a challenge to classification shall not in any way result in or serve as a basis for adverse personnel action. f. The provisions of this paragraph do not apply to or affect declassification review actions undertaken under the mandatory review requirements of section 3, Chapter III of this Regulation or under the provisions of DoD Directive 5400.7 (reference (k)). AR 380-5 Section 2 Classification Principles, Criteria, and Considerations AR 380-5 2-200. Reasoned judgment Reasoned judgment shall be exercised in making classification decisions. A positive basis must exist for classification. Both advantages and disadvantages of classification must be weighed. If, after consideration of the provisions of this section, there is reasonable doubt, the provisions of paragraph 1-400 b. apply. AR 380-5 2-201. Identification of specific information Before a classification determination is made, each item of information that may require protection shall be identified. This requires identification of that specific information that comprises the basis for a particular national advantage or advantages that, if the information were compromised, would or could be damaged, minimized, or lost, thereby adversely affecting national security. AR 380-5 2-202. Specific classifying criteria A determination to classify shall be made only by an original classification authority when, first, the information is within categories a. through j., below; and second, the unauthorized disclosure of the information, either by itself or in the context of other information, reasonably could be expected to cause damage to the national security. The determination involved in the first step is separate and distinct from that in the second. Except as provided in subsection 2-203, the fact that the information falls under one or more of the criteria shall not mean that the information automatically meets the damage criteria. Information shall be considered for classification if it concerns: a. Military plans, weapons, or operations; b. Vulnerabilities or capabilities of systems, installations, projects, or plans relating to the national security; c. Foreign government information; d. Intelligence activities including special activities, or intelligence sources or methods; e. Foreign relations or foreign activities of the United States; f. Scientific, technological, or economic matters relating to the national security; g. U.S. Government programs for safeguarding nuclear materials or facilities; h. Cryptology; i. A confidental source; or j. Other categories of information that are related to national security and that require protection against unauthorized disclosure as determined by the Secretary of Defense or Secretaries of the Military Departments. Recommendations concerning the need to designate additional categories of information that may be considered for classification shall be forwarded through channels to the appropriate Secretary for determination. Each such determination shall be reported promptly to the Director of Security Plans and Programs, ODUSD(P), for promulgation in an Appendix to this Regulation and reporting to the Director, ISOO. AR 380-5 2-203. Presumption of damage Unauthorized disclosure of foreign government information (see subsection 11-100), the identity of a confidential foreign source, or intelligence sources or methods is presumed to cause damage to the national security. AR 380-5 2-204. Limitations on classification a. Classification may not be used to conceal violations of law, inefficiency, or administrative error, to prevent embarrassment to a person, organization or agency, or to restrain competition. b. Basic scientific research information not clearly related to national security may not be classified. (See also subsection 2-205.) c. A product of nongovernment research and development that does not incorporate or reveal classified information to which the producer or developer was given prior access may not be classified until and unless the Government acquires a proprietary interest in the product. This prohibition does not affect the provisions of the Patent Secrecy Act of 1952 (reference (l)). (See section 7, this chapter.) d. References to classified documents that do not reveal classified information may not be classified or used as a basis for classification. e. Classification may not be used to limit dissemination of information that is not classifiable under the provisions of E.O. 12356 (reference (b)) or this Regulation or to prevent or delay public release of such information. f. Information may be classified or reclassified after receiving a request for it under the Freedom of Information Act (reference (k)), the Privacy Act (reference (m)), or the mandatory review provisions of this Regulation (section 3, Chapter III) if such classification is consistent with this Regulation and is accomplished personally and on a document-by-document basis, except as provided in paragraph g., below, by the Secretary or Deputy Secretary of Defense, by the Secretaries or Under Secretaries of the Military Departments, by the senior official designated by each Secretary under section 5.3(a) of reference (b), or by an official with original Top Secret classification authority. (See subsection 2-801.) g. The Secretary of Defense and the Secretaries of the Military Departments may reclassify information previously declassified and disclosed, and they may classify unclassified information that has been disclosed, if they determine in writing that the information requires protection in the interest of national security and the information may reasonably be recovered. (See subsection 2-801.) Any such reclassification or classification shall be reported to the DUSD(P) for subsequent reporting to the Director, ISOO. Requests for reclassification will be forwarded through command channels to HQDA (DAMI-CIS), WASH DC 20310-1051. Requests must include complete justification, a description of the circumstances surrounding the disclosure, method of recovery, and a statement that the conditions set forth in paragraph 2-801 can be met. DAMI-CIS will report such instances to ODUSD(P). AR 380-5 2-205. Classifying scientific research data Ordinarily, except for information that meets the definition of Restricted Data, basic scientific research or its results shall not be classified. However, classification would be appropriate if the information concerns an unusually significant scientific breakthrough and there is sound reason to believe that it is not known or within the state-of-the-art of other nations, and it supplies the United States with an advantage directly related to national security. AR 380-5 2-206. Classifying documents Each document and portion thereof shall be classified on the basis of the information it contains or reveals. The fact that a document makes reference to a classified document is not a basis for classification unless the reference citation, standing alone, reveals classified information. (See paragraph 2-204d.) The overall classification of a document or group of physically- connected documents shall be at least as high as that of the most highly classified component. The subject or title of a classified document normally should be unclassified. When the information revealed by a subject or title warrants classification, an unclassified short title should be added for reference purposes. AR 380-5 2-207. Classifying material other than documents a. Items of equipment or other physical objects shall be classified only when classified information may be derived from them by visual observation of their internal or external appearance or structure, or by their operation, test, application, or use. The overall classification assigned to end items of equipment or objects shall be at least as high as the highest classification of any of its integrated parts. b. If mere knowledge of the existence of the item of equipment or object would compromise or nullify its national security advantage, its existence would warrant classification. AR 380-5 2-208. State of the art and intelligence Classification requires consideration of the information available from intelligence sources concerning the extent to which the same or similar information is known or is available to others. It is also important to consider whether it is known, publicly or internationally, that the United States has the information or even is interested in the subject matter. The state-of-the-art in other nations may often be a vital consideration. AR 380-5 2-209. Effect of open publication Classified information shall not be declassified automatically as a result of any unofficial publication or inadvertent or unauthorized disclosure in the United States or abroad of identical or similar information. Appearance in the public domain of information currently classified or being considered for classification does not preclude initial or continued classification. However, such disclosures require immediate determination of the degree of damage to the national security and reevaluation of the information to determine whether the publication has so compromised the information that downgrading or declassification is warranted. (See also Chapter VI.) Similar consideration must be given to related items of information in all programs, projects, or items incorporating or pertaining to the compromised items of information. Holders should continue classification until advised to the contrary by a competent government authority. Correspondence which confirms the appearance of classified information in open source publications and identifies the information in question must be classified at the level of the material that has been subjected to possible compromise. AR 380-5 2-210. Reevaluation of classification because of compromise Classified information, and information related thereto, that has been lost or possibly compromised, shall be reevaluated and acted upon as follows: a. The original classifying authority, upon learning that a loss or possible compromise of specific classified information has occurred, shall prepare a written damage assessment and: 1. Reevaluate the information involved and determine whether (a) its classification should be continued without change; (b) the specific information, or parts thereof, should be modified to minimize or nullify the effects of the reported compromise and the classification retained; (c) declassification, downgrading, or upgrading is warranted; and (d) countermeasures are appropriate and feasible to negate or minimize the effect of the compromise. 2. Give prompt notice to all holders of such information when the determination is within categories (b), (c), or (d) of subparagraph 1., above. b. Upon learning that a compromise or probable compromise has occurred, any official having original classification jurisdiction over related information shall reevaluate the related information and determine whether one of the courses of action enumerated in subparagraph a.1., above, should be taken or, instead, whether upgrading of the related information is warranted. When such a determination is within categories (b), (c), or (d) of subparagraph a.1., above, or that upgrading of the related items is warranted, prompt notice of the determination shall be given to all holders of the related information. (See Chapter VI.) Original classifiers within Army will forward one copy of completed damage assessments to their activity security manager for central retention (see paragraph 6-107). AR 380-5 2-211. Compilation of information Certain information that would otherwise be unclassified may require classification when combined or associated with other unclassified information. However, a compilation of unclassified items of information should normally not be classified. In unusual circumstances, classification may be required if the combination of unclassified items of information provides an added factor that warrants classification under subsection 2-202. Similarly, a higher classification may be assigned to compilations of information if the compilation provides an added factor which warrants higher classification than that of its component parts. Classification on this basis shall be fully supported by a written explanation that will be provided with the material so classified. (See also subsection 4-203.) AR 380-5 2-212. Extracts of information Information extracted from a classified source shall be derivatively classified or not classified in accordance with the classification markings shown in the source. The overall and internal markings of the source should supply adequate classification guidance. If internal markings or classification guidance are not found in the source, and no reference is made to an applicable and available classification guide, the extracted information shall be classified according either to the overall marking of the source, or guidance obtained from the classifier of the source material. AR 380-5 Section 3 Duration of Original Classification AR 380-5 2-300. General When a determination is made by an official with authority to classify originally information as Top Secret, Secret, or Confidential, such official must also determine how long the classification shall remain in effect. AR 380-5 2-301. Duration of classification a. Information shall be classified as long as required by national security considerations. b. When it can be determined, a specific date or event for declassification shall be set by the original classification authority at the time the information is classified originally. Such dates or events shall be consistent with national security. Any event specified for declassification shall be an event certain to occur. c. Original classification authorities may not be able to predetermine a date or event for automatic declassification in which case they shall provide for the indefinite duration of classification (see Chapter IV for the marking ""Originating Agency's Determination Required''). d. Information classified under predecessor orders and marked for declassification review shall remain classified until reviewed for declassification under the provisions of this Regulation (also see paragraph 4-600 b.). AR 380-5 2-302. Subsequent extension of duration of classification The duration of classification specified at the time of original classification may be extended only by officials with requisite original classification authority and only if all known holders of the information can be notified of such action before the date or event previously set for declassification. Any decision to continue classification of information designated for automatic declassification under E.O. 12065 (reference (cc)) or predecessor orders, other than on a document-by-document basis, shall be reported through HQDA (DAMI-CIS) WASH DC 20310-1051 to the DUSD(P) who shall, in turn, report to the Director, ISOO. AR 380-5 Section 4 Classification Guides AR 380-5 2-400. General a. A classification guide shall be issued for each classified system, program, plan, or project as soon as practicable before the initial funding or implementation of the system, program, plan or project. Army program proponents will promptly issue classification guidance for their subject areas. Activities charged with planning and coordinating Army participation in exercises will ensure that adequate classification guidance is provided to all participants. This guidance may either be published as a formal classification guide or included in exercise plans or directives. Successive operating echelons shall prescribe more detailed supplemental guides that are considered essential to assure accurate and consistent classification. In preparing classification guides, originators should review DoD 5200.1-H (reference (n), in appendix G of this regulation). b. Classification guides shall: 1. Identify the information elements to be protected, using categorization to the extent necessary to ensure that the information involved can be identified readily and uniformly; 2. State which of the classification designations (that is, Top Secret, Secret, or Confidential) applies to each element or category of information; 3. State declassification instructions for each element or category of information in terms of a period of time, the occurrence of an event, or a notation that the information shall not be declassified automatically without approval of the originating agency (normally, events identified for declassification will be finite; statements such as ""Declassify 6 years from the date of generation of document'' are prohibited); and 4. State any special public release procedures and foreign disclosure considerations. c. Each classification guide shall be approved personally and in writing by an official who: 1. Has program or supervisory responsibility over the information or is the senior agency official designated by the Secretary of Defense or Secretaries of the Military Departments in accordance with Section 5.3(a) of E.O. 12356 (reference (b)); and 2. Is authorized to classify information originally at the highest level of classification prescribed in the guide. d. An official as described in 2-400 c. above will also approve personally and in writing all changes, errata sheets, and revisions to basic guides that affect a classification. This may be done by signing the record copy of the classification guide, or initialing an action, staffing paper, or other suitable document. Other holders of the classification guide must be notified of all changes when practicable, but no later than during the scheduled guide review. AR 380-5 2-401. Multiservice interest For each classified system, program, project, plan, or item involving more than one DoD Component, a classification guide shall be issued by (a) the element in the Office of the Secretary of Defense that assumes or is expressly designated to exercise overall cognizance over it; or (b) the DoD Component that is expressly designated to serve as the executive or administrative agent for the particular effort. When there is doubt which Component has cognizance of the information involved, the matter shall be referred to the DUSD(P) for resolution. AR 380-5 2-402. Research, development, test, and evaluation A program security classification guide shall be developed for each system and equipment development program that involves research, development, test, and evaluation (RDT&E) of classified technical information. For each such program covered by an approved Decision Coordinating Paper (DCP) or Program Objective Memorandum (POM), initial basic classification guidance applicable to technical characteristics of the system or equipment shall be developed and submitted with the proposed DCP or POM to the Under Secretary of Defense for Research and Engineering for approval. A detailed classification guide shall be developed and issued as near in time as possible to the approval of the DCP or POM. a. Approval of classification guides for Army research, development, and acquisition activities will be integrated into the materiel acquisition and decision process, under AR 70-1. b. Local security managers must be included early on in initial development of required classification. c. Classification guides become effective when approved by an original classification authority. AR 380-5 2-403. Project phases Whenever possible, classification guides shall cover specifically each phase of transition, that is, RDT&E, procurement, production, service use, and obsolescence, with changes in assigned classifications to reflect the changing sensitivity of the information involved. AR 380-5 2-404. Review of classification guides a. Classification guides shall be reviewed by the originator for currency and accuracy not less than once every 2 years. Changes shall be issued promptly. If no changes are made, the originator shall so annotate the record copy and show the date of the review. The DD Form 254 (Contract Security Classification Specification) will be reviewed at the same time the classification guide is reviewed (see paragraph 2-901). Heads of HQDA agencies and MACOM commanders responsible for issuing classification guides will set up internal suspense systems to make sure that all guides are reviewed at least once every 2 years. When guides are reviewed and changes or new editions are prepared, declassification dates should not be automatically carried forward, but carefully reevaluated. b. Classification guides issued before August 1, 1982, that are in current use must be updated to meet the requirements of paragraph 2-400b. Such updating shall be accomplished by the next biennial review. Converting previous declassification determinations directed by classification guides shall be accomplished in accordance with the following: 1. Automatic declassification dates or events remain in force unless changed by competent authority in accordance with subsection 2-302. 2. Dates for declassification review shall be changed to automatic declassification dates or provide for the indefinite duration of classification. AR 380-5 2-405. Distribution of classification guides a. A copy of each approved classification guide and changes thereto other than those covering SCI shall be sent to the Director of Freedom of Information and Security Review, Office of the Assistant Secretary of Defense (Public Affairs), and to the Director of Security Plans and Programs, ODUSD(P). A copy of each approved classification guide covering SCI shall be submitted to and maintained by the Senior Intelligence Officer who has security cognizance over the issuing activity. Three copies of each approved classification guide (less those for Sensitive Compartmented Information (SCI) and Special Access Programs (SAPs)), and changes will be forwarded to HQDA (DAMI-CIS) WASH DC 20310-1051 for review and distribution to OSD. Originators will also furnish guides to all probable users, such as test and evaluation organizations. b. Two copies of each approved classification guide and its changes shall be sent by the originator to the Administrator, Defense Technical Information Center (DTIC), Defense Logistics Agency, unless such guide is classified Top Secret, or covers SCI, or is determined by the approval authority of the guide to be too sensitive for automatic secondary distribution to DoD Components. Each classification guide forwarded to DTIC must bear distribution statement B, C, D, E, F, or X from DoD Directive 5230.24 (reference (ww)) on its front cover or first page if there is no cover. AR 380-5 2-406. Index of security classification guides a. All security classification guides, except as provided in subparagraph b., below, issued under this Regulation shall be listed in DoD 5200.1-I (reference (o)), on the basis of information provided on DD Form 2024, ""DoD Security Classification Guide Data Elements.'' The originator of each guide shall execute DD Form 2024 when the guide is approved, changed, revised, reissued, or canceled, and when its biennial review is accomplished. The original copy of each executed DD Form 2024 shall be forwarded to the Director of Security Plans and Programs, ODUSD(P), who will maintain the Index. Report Control Symbol DD- POL (B&AR)1418 applies to this information collection system. The original and two copies of executed DD Form 2024 will be forwarded to HQDA (DAMI-CIS) WASH DC 20310-1051, who will provide copies to ODUSD(P) and OASD(PA) as required. b. Any classification guide that because of classification considerations is not listed in accordance with paragraph a., above, shall be reported by the originator to the Director of Security Plans and Programs, ODUSD(P). The report shall include the title of the guide, its date, the classification of the guide, and identification of the originating activity. A separate classified list of such guides will be maintained. Report Control Symbol DD-POL(B&AR)1418 applies to this information collection system. In such cases, DD Form 2024-appropriately classified, if necessary-will be forwarded to HQDA (DAMI-CIS), who will report the required information to ODUSD(P). Blocks 9 and 10 on the DD Form 2024 need not be completed. AR 380-5 Section 5 Resolution of Conflicts AR 380-5 2-500. General When two or more offices, headquarters, or activities disagree concerning a classification, declassification, or regrading action, the disagreement must be resolved promptly. AR 380-5 2-501. Procedures If agreement cannot be reached by informal consultation, the matter shall be referred for decision to the lowest superior common to the disagreeing parties. If agreement cannot be reached at the major command (or equivalent) level, the matter shall be referred for decision to the headquarters office having overall classification management responsibilities for the Component. That office shall also be advised of any disagreement at any echelon if prompt resolution is not likely to occur. Conflicts between Army elements that cannot be resolved at the MACOM level will be referred to the HQDA agency with primary staff cognizance over the information concerned. An information copy of the referral correspondence will be furnished to HQDA (DAMI-CIS) WASH DC 20310-1051. If the appropriate HQDA agency cannot be determined, the conflict will be sent directly to DAMI-CIS. AR 380-5 2-502. Final decision Disagreements between DoD Component headquarters, if not resolved promptly, shall be referred for final resolution to the ODUSD(P). Conflicts between Army elements, or Army elements and non-Army activities that may require referral to ODUSD(P) will be promptly reported through command channels to the HQDA agency with primary staff cognizance over the subject area. If the proponent cannot be determined, the case will be referred to HQDA (DAMI-CIS) WASH DC 20310-1051. AR 380-5 2-503. Timing Action under this section at each level of consideration shall be completed within 30 days. Failure to reach a decision within 30 days shall be cause for referral to the next level for consideration. AR 380-5 Section 6 Obtaining Classification Evaluations AR 380-5 2-600. Procedures If a person not authorized to classify originates or develops information that he or she believes should be safeguarded, he or she shall: a. Safeguard the information in the manner prescribed for the intended classification (see paragraph 1-400 b.); b. Mark the information (or cover sheet) with the intended classification designation prescribed in section 5, chapter I; c. Transmit the information under appropriate safeguards to an appropriate classification authority for evaluation. The transmittal shall state that the information is tentatively marked to protect it in transit. If such authority is not readily identifiable, the information should be forwarded to a headquarters activity of a DoD Component, to the headquarters office having overall classification management responsibilities for a DoD Component, or to the DUSD(P). A determination whether to classify the information shall be made within 30 days of receipt and the originator will be notified promptly; d. Upon decision by the classifying authority, the tentative marking shall be removed. If a classification is assigned, appropriate markings shall be applied; but e. In an emergency requiring immediate communication of the information, after taking the action prescribed by paragraphs a. and b., above, transmit the information and then proceed in accordance with paragraph c., above. AR 380-5 Section 7 Information Developed by Private Sources AR 380-5 2-700. General There are some circumstances in which information not meeting the definition in subsection 1-305 may warrant protection in the interest of national security. AR 380-5 2-701. Patent Secrecy Act The Patent Secrecy Act of 1952 (reference (l)) provides that the Secretary of Defense, among others, may determine that disclosure of an invention by granting of a patent would be detrimental to national security. See DoD Directive 5535.2 (reference (p)). A patent application on which a secrecy order has been imposed shall be handled as follows within the Department of Defense: a. If the patent application contains information that warrants classification, it shall be assigned a classification and be marked and safeguarded accordingly. b. If the patent application does not contain information that warrants classification, the following procedures shall be followed: 1. A cover sheet (or cover letter for transmittal) shall be placed on the application with substantially the following language: ""The attached material contains information on which secrecy orders have been issued by the U.S. Patent Office after determination that disclosure would be detrimental to national security (Patent Secrecy Act of 1952, 35 U.S.C. 181-188). Its transmission or revelation in any manner to an unauthorized person is prohibited by law. Handle as though classified CONFIDENTIAL (or such other classification as would have been assigned had the patent application been within the definition provided in subsection 1-305).'' 2. The information shall be withheld from public release; its dissemination within the Department of Defense shall be controlled; the applicant shall be instructed not to disclose it to any unauthorized person; and the patent application (or other document incorporating the protected information) shall be safeguarded in the manner prescribed for equivalent classified material. c. If filing of a patent application with a foreign government is approved under provisions of the Patent Secrecy Act of 1952 (reference (l)) and agreements on interchange of patent information for defense purposes, the copies of the patent application prepared for foreign registration (but only those copies) shall be marked at the bottom of each page as follows: Withheld under the Patent Secrecy Act of 1952 (35 U.S.C. 181-188). Handle as CONFIDENTIAL (or such other level as has been determined). AR 380-5 2-702. Independent research and development a. Information in a document or material that is a product of government-sponsored independent research and development conducted without access to classified information may not be classified unless the government first acquires a proprietary interest in such product. b. If no prior access was given but the person or company conducting the independent research or development believes that protection may be warranted in the interest of national security, the person or company should safeguard the information in accordance with subsection 2-600 and submit it to an appropriate DoD element for evaluation. The DoD element receiving such a request for evaluation shall make or obtain a determination whether a classification would be assigned if it were government information. If the determination is negative, the originator shall be advised that the information is unclassified. If the determination is affirmative, the DoD element shall make or obtain a determination whether a proprietary interest in the research and development will be acquired. If so, the information shall be assigned proper classification. If not, the originator shall be informed that there is no basis for classification and the tentative classification shall be canceled. AR 380-5 2-703. Other private information The procedure specified in subsection 2-600 shall apply in any case not specified in subsection 2-702, such as an unsolicited contract bid, in which private information is submitted to a DoD element for a determination of classification. AR 380-5 Section 8 Regrading AR 380-5 2-800. Raising to a higher level of classification The upgrading of classified information to a higher level than previously determined by officials with appropriate classification authority and jurisdiction over the subject matter is permitted only when all known holders of the information (a) can be notified promptly of such action, and (b) are authorized access to the higher level of classification, or the information can be retrieved from those not authorized access to information at the contemplated higher level of classification. Additionally, if properly classified information, through administrative or other error, is issued as unclassified or classified at a lower level than necessary, every effort will be made to retrieve, safeguard, and properly mark and control it. AR 380-5 2-801. Classification of information previously determined to be unclassified Unclassified information, once communicated as such, may be classified only when the classifying authority (a) makes the determination required for upgrading in subsection 2-800; (b) determines that control of the information has not been lost by such communication and can still be prevented from being lost; and (c) in the case of information released to secondary distribution centers, such as the DTIC, determines that no secondary distribution has been made and can still be prevented (see also paragraphs 2-204 f. and 2-204 g.) AR 380-5 2-802. Notification All known holders of information that has been upgraded shall be notified promptly of the upgrading action. AR 380-5 2-803. Downgrading When it will serve a useful purpose, original classification authorities may, at the time of original classification, specify that downgrading of the assigned classification will occur on a specified date or upon the occurrence of a stated event. AR 380-5 Section 9 Industrial Operations AR 380-5 2-900. Classification in industrial operations Classification of information in private industrial operations shall be based only on guidance furnished by the government. Industrial management may not make original classification determinations and shall implement the classification decisions of the U.S. Government contracting authority. AR 380-5 2-901. Contract Security Classification Specification DD Form 254, ""Contract Security Classification Specification,'' shall be used to convey contractual security classification guidance to industrial management. A copy of the security classification guide for a project or system may be attached to the DD Form 254. When original classification guidance is provided to a contractor via DD Form 254, and such guidance also will be needed by Government agencies or other contractors, a classification guide will be developed. DD Forms 254 shall be changed by the originator to reflect changes in classification guidance and reviewed for currency and accuracy not less than once every 2 years. Reviews will be made at the same time as reviews of associated security classification guides. Changes shall conform with this Regulation and DoD 5220.22-R and DoD 5220.22-M (references (e) and (f)) and shall be provided to all holders of the DD Form 254 as soon as possible. When no changes are made as a result of the biennial review, the originator shall so notify all holders of the DD Form 254 in writing. Reviews of DD Forms 254 will consider any difficulties or problems that have surfaced during use of the guidance, and should ensure that- a. Classification is provided all contractors involved in procurement associated with the program. b. Classification decisions have been personally approved by an individual with the requisite classification authority. c. The guidance is current and conforms with that found in other sources. Staffing with technical experts is mandatory. d. The guidance is specific and unambiguous. Any problems encountered with interpretation of the guidance are specifically addressed and resolved.