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sified information. Classified material of foreign origin.

159.1102-2 Downgrading or regrading.

Subpart-Special Access Programs

159.1200 Policy.

159.1200-1 Definition.

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159.1500-1 Appendix B-Equivalent foreign security classifications (See §§ 159.401-8 and 159.1100-1). 159.1500-2 Appendix C-General Accounting Office officials authorized to certify security clearances (See § 159.700-6(c).

159.1500-3 Appendix D-Instructions governing use of code words, nicknames and exercise terms (See § 159.701-10).

159.1500 4 Appendix E-Component implementations of DoD issuances.1

AUTHORITY: EO 11652, 37 FR 5209, Mar. 10, 1972; National Security Council Directive, 37 FR 10053, May 19, 1972; sec. 301, 80 Stat. 379 (5 U.S.C. 301).

SOURCE: 39 FR 18228, May 23, 1974, unless otherwise noted.

58-112-76- -15

REFERENCES

References.

(a) DoD Directive 5200.1, "DoD Information Security Program," June 1, 1972.1 (b) Executive Order 11652, "Classification and Declassification of National Security Information and Material," dated March 8, 1972 (37 FR 5209, Mar. 10, 1972).

(c) National Security Council "Directive Governing the Classification, Downgrading, Declassification and Safeguarding of National Security Information," dated May 17, 1972 (37 FR 10053, May 19, 1972).

(d) DoD Directive 5230.9, "Clearance of Department of Defense Public Information," dated December 24, 1966.1

(e) DoD Directive C-5200.5, "Communications Security (U)," dated April 13, 1971."

(f) DoD Instruction 5200.22, "Reporting of Security and Criminal Violations," dated November 8, 1973.1

(g) DoD Directive 5210.50, "Investigation of and Disciplinary Action Connected with Unauthorized Disclosure of Classified Defense Information," dated April 29, 1966.1

(h) DoD Directive 5210.8, "Policy on Investigation and Clearance of DoD Personnel for Access to Classified Defense Information," dated February 15, 1962 (Reprint March 1, 1966).1

(1) DoD Directive 5400.4, "Provision of Information to Congress," dated February 20, 1971.1

(j) DoD Directive 7650.1, "General Accounting Office Comprehensive Audits," dated July 9, 1958.1

(k) DoD Directive 5220.22, "DoD Industrial Security Program," dated July 30, 1965.1

(1) DoD Directive 5230.11, "Disclosure of Classified Military Information to Foreign Governments and International Organizations," dated June 19, 1973.1

(m) DoD Directive 5200.15, "Controlling the Dissemination and Use of Intelligence and Intelligence Information Produced by Members of the Intelligence Community," dated July 26, 1962.2

1 Filed as part of the original Copies available from U.S. Naval Publication and Forms Center, 5801 Tabor Avenue, Philadelphia, Pa., 19120.

2 Classified document. Not available to the public.

(n) DoD Directive 5210.2, "Access to and Dissemination of Restricted Data," dated October 18, 1968.1

(0) DoD Instruction C-5210.21, "Implementation of NATO Security Procedure (U)," dated December 17, 1973.2

(p) DoD Instruction C-5210.35, "Implementation of CENTO Security Regulation (U)," dated June 5, 1968.2

(q) DoD Instruction 5210.54, "Implementation of SEATO Security Manual (U)," dated September 27, 1967.*

(r) DoD Directive 5400.7, "Availability to the Public of DoD Information," dated June 23, 1967.1

(s) DoD Instruction 7230.7, "User Charges", dated July 18, 1973.1

(t) DoD Directive 5220.6, "Industrial Personnel Security Clearance Program," dated December 7, 1966.1

(u) Joint Army-Navy-Air Force Publication (JANAP) #119 December 1970 and #299 September 1971.

(v) Allied Communication Publications (ACP) #119A August 1970.

(w) National Security Agency KAG I-D December 1967.

(x) DoD Directive S-5200.17, "The Security, Use and Dissemination of Communications Intelligence (COMINT) (U)," dated January 26, 1965.2

(y) DoD Directive 5535.2, "Secrecy of Certain Inventories and Withholding of Patent; Delegation of Authority to Secretaries of Army, Navy, and Air Force," dated September 30, 1966.1

(z) DoD Directive 5200.12, "Security Measures, Approval and Sponsorship for Scientific and Technical Meetings Involving Disclosure of Classified Information," March 7, 1967.1

(aa) DoD Directive 5000.7, "Official Temporary Duty Travel Abroad," dated January 14, 1972.1

(bb) DoD 5220.22-R, "DoD Industrial Security Regulation".1

PURPOSE AND APPLICABILITY

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guarding policies and procedures to be followed; and establishes a monitoring system to insure the effectiveness of the Information Security Program throughout the Department of Defense.

§ 159.101-1 Applicability.

This regulation governs the Department of Defense Information Security Program and takes precedent over all departmental publications affecting that program. In accordance with the provisions of § 159.100 (b) and (c), it establishes for uniform application throughout the Department of Defense, the policies, standards, criteria and procedures for the security classification, downgrading, declassification and safeguarding of official information or material originated, produced or handled by, or under the sponsorship of, the Department of Defense or components thereof. § 159.101-2 Non-government opera

tions.

Except as otherwise provided herein, the provisions of this regulation shall be made applicable by contract, or other legally binding instrument, to operations of non-government personnel entrusted with classified information.

§ 159.101-3 Combat operations.

The provisions of this regulation with regard to accountability, dissemination, transmission, or safekeeping of classified information or material may be modified as necessary to meet local conditions by military commanders in connection with combat or combat-related operations. Classified information or material should be introduced into forward combat areas or zones only to the extent essential to accomplishment of the military mission. When so introduced, the appropriate military commander shall provide the degree of protection_prescribed by this regulation for the classification involved as nearly as the circumstances permit.

§ 159.101-4 Atomic Energy Act.

Nothing in this regulation shall supersede any requirements made by or under the Atomic Energy Act of August 30, 1954, as amended. "Restricted Data," and material designated as "Formerly Restricted Data," shall be handled, protected, classified, downgraded and declassified in conformity with the provisions of the Atomic Energy Act of 1954, as amended, and the regulations of the Atomic Energy Commission.

§ 159.101-5 Exceptions.

(a) For material under his special cognizance, the Director, National Security Agency, shall prescribe for the internal handling of such material such special procedures as may be necessary to conform to policies and standards prescribed for NSA by higher authority outside the DoD. Other (collateral) materials brought into areas under his special cognizance may be handled in the same manner as special materials, in lieu of the requirements of this regulation. When returned to normal channels such materials shall be subject to the controls of this regulation, including maintaining Records of Destruction as required by § 159.900-2.

(b) Provisions for security, use and dissemination of Communications Intelligence (COMINT) are governed by DoD Directive S-5200.17, § 159.100(x).

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An individual who either:

(a) Determines that official information, not known by him to be already classified, currently requires, in the interests of national security, a specific degree of protection against unauthorized disclosure and having the authority to do so, designates that official information as Top Secret, Secret or Confidential; or

(b) Determines that official information is in substance the same as information known by him to be already classified by the government as Top Secret, Secret or Confidential and designates it accordingly.

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The determination that classified information no longer requires, in the interests of national security, any degree of protection against unauthorized disclosure, coupled with a removal or cancellation of the classification designation. § 159.102-8 Document.

Any recorded information regardless of its physical form or characteristics, including, without limitation, written or printed material; data processing cards and tapes; maps, charts; paintings; drawings; engravings; sketches; working notes and papers; reproductions of such things by any means or process; and sound, voice or electronic recordings in any form.

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§ 159.102-10 Formerly Restricted Data. Information removed from the Restricted Data category upon determination jointly by the Atomic Energy Commission and Department of Defense that such information relates primarily to the military utilization of atomic weapons and that such information can be adequately safeguarded as classified defense information. Such information is, however, treated the same as Restricted Data for purposes of foreign dissemination.

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Original classification authority is the authority to make original classifications vested specifically and in writing in an official of the Government as the incumbent of an office and in the official specifically and in writing designated to act in the absence of the incumbent. § 159.102-15 Restricted Data.

All data (information) covering (a) design, manufacturing or utilization of atomic weapons; (b) the production of special nuclear material; or (c) the use of special nuclear material in the production of energy, but not to include data declassified or removed from the Restricted Data category pursuant to section 142 of the Atomic Energy Act. (See section 11y, Atomic Energy Act of 1954, as amended, and "Formerly Restricted Data.")

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The interests of the United States and its citizens are best served by making information regarding the affairs of Government readily available to the public. This concept of an informed citizenry is reflected in the Freedom of Information Act and in the current public information policies of the executive branch.

Within the Federal Government there is some official information and material which, because it bears directly on the effectiveness of our national defense and the conduct of our foreign relations, must be subject to some constraints for the security of our Nation and the safety of our people and our allies. To protect against actions hostile to the United States, of both overt and covert nature, it is essential that such official information and material be given only limited dissemination.

Consistent with the foregoing, the use and application of security classification shall be limited to only that information which is truly essential to national security because it provides the United States with: (1) A military or defense advantage over any foreign nation or group of nations, or (2) a favorable foreign relations posture or (3) a defense posture capable of successfully resisting hostile or destructive action from within or without, overt or covert; which could be damaged, minimized or lost by the unauthorized disclosure or use of the information.

(b) Resolution of doubts. Unnecessary classification and higher than necessary classification shall be scrupulously avoided. Any substantial doubts as to which of two levels of security classification is appropriate, or as to whether certain information or material should be classified at all, should be resolved in favor of the less restrictive treatment.

(c) Improper classification. Classiflcation shall apply only to official information requiring protection in the interests of national security. It may not be used for the purpose of concealing administrative error or inefficiency, to prevent personal or departmental embarrassment, to restrain competition or independent initiative, or to prevent for any other reason the release of official information which does not require protection in the interests of national security.

§ 159.103-1 Regrading and declassification.

In order to preserve the effectiveness and integrity of the Information Security Program, assigned classifications

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Official information or material which requires protection against unauthorized disclosure in the interests of national security shall be classified in one of three categories, namely, “Top Secret", "Secret", or "Confidential", depending upon the degree of its significance to national security. No other categories shall be used to identify official information or material as requiring protection in the interests of national security, except as otherwise expressly provided by statute.

§ 159.104-1 "Top Secret".

"Top Secret" refers to that national security information or material which requires the highest degree of protection. The test for assigning "Top Secret" classification shall be whether its unauthorized disclosure could reasonably be expected to cause exceptionally grave damage to the national security. Examples of "exceptionally grave damage" include armed hostilities against the United States or its allies; disruption of foreign relations vitally affecting the national security; the compromise of vital national defense plans or complex cryptologic and communications intelligence systems; the revelation of sensitive intelligence operations; and the disclosure of scientific or technological de

velopments vital to national security. This classification shall be used with the utmost restraint.

§ 159.104-2 "Secret".

"Secret" refers to that national security information or material which requires a substantial degree of protection. The test for assigning "Secret" classification shall be whether its unauthorized disclosure could reasonably be expected to cause serious damage to the national security. Examples of "serious damage" include disruption of foreign relations significantly affecting the national security; significant impairment of a program or policy directly related to the national security; revelation of significant military plans or intelligence operations; and compromise of significant scientific or technological developments relating to national security. The classification "Secret" shall be sparingly used.

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(a) Original classification authority is authority to make determinations that official information currently requires, in the interests of national security, a specific degree of protection against unauthorized disclosure. This authority shall be restricted solely to those officials specifically designated in writing pursuant to this regulation. It is vested in the incumbent of the designated position and in the individual designated in writing by the incumbent to act in his absence. The exercise of this authority is personal to these officials and may not be delegated by them or used by anyone acting for them or in their names. It is limited to classification only at the level authorized or below. Designations of this authority shall be limited to the minimum number absolutely required for efficient administration, and to those officials whose duties and responsibilities involve the origination and evaluation of information warranting classification at the

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