ADDITIONAL WARNING NOTICES

§ 159.405 General provisions.

When applicable, in addition to the foregoing marking requirements, one or more of the following warning notices shall be prominently displayed on classified documents or materials. In the case of documents, these warning notices shall be conspicuously marked on the outside of the front cover (if any) or the first page. When display of warning notices on other materials is not feasible, the warnings shall be included in the written notifications of the assigned classification. § 159.405-1 Restricted Data.

For classified information or material containing Restricted Data as defined in the Atomic Energy Act of 1954, as amended:

RESTRICTED DATA

This material contains Restricted Data as defined in the Atomic Energy Act of 1954. Its dissemination or disclosure to any unauthorized person is prohibited.

§ 159.405-2 Formerly Restricted Data.

Except when the Restricted Data notice is used, for classified information or material containing Formerly Restricted Data, as defined in section 142.d., Atomic Energy Act of 1954, as amended:

FORMERLY RESTRICTED DATA

Unauthorized disclosure subject to administrative and criminal sanctions. Handle as Restricted Data in foreign dissemination. Section 144b. Atomic Energy Act, 1954. § 159.405-3 Information

other than Restricted Data or Formerly Restricted Data.

For classified information or material other than described in § 159.405-1 or § 159.405-2 furnished to persons outside the Executive Branch:

NATIONAL SECURITY INFORMATION Unauthorized Disclosure Subject to Criminal

WARNING NOTICE SENSITIVE INTELLIGENCE SOURCES AND METHODS INVOLVED Additional dissemination marking requirements applicable to this type material are prescribed in § 159.100 (m). § 159.405-5 Use of "No foreign dissem" ("Noforn") marking.

The marking "No foreign dissem" may be used on documents containing (a) intelligence, and (b) crypto security, transmission security, and emission security systems used to transmit intelligence, when it has been predetermined that the data may not be released to foreign nationals or governments. Additionally, the marking "Noforn" is authorized for the above described information as a designator for "No foreign dissem" in electrically transmitted messages and automatic data processing. (See § 159.100 (m) and USCSB Policy Dir 2-23 for dissemination controls.) The marking "Special handling required-not releasable to foreign nationals" is no longer authorized.

Subpart-Safekeeping and Storage

STORAGE AND STORAGE EQUIPMENT

§ 159.500 General policy.

Classified information or material may be used, held, or stored only where there are facilities or under conditions adequate to prevent unauthorized persons from gaining access to it. The exact nature of security requirements will depend on a thorough security evaluation of local conditions and circumstances. They must permit the accomplishment of essential functions while affording selected items of information various reasonable degrees of security with a minimum of calculated risk. The requirements speified in this regulation represent the minimum acceptable standards. § 159.500-1

Standards for storage

equipment.

The General Services Administration establishes and publishes uniform standards, specifications and supply schedules for containers, vaults, alarm systems and associated security devices suitable for the storage and protection of classified information and material throughout the Government. The head of a DoD Component may establish for the use of such component equal or more stringent standards. Security filing cabinets con

Whenever classified material is not under the personal control and observation of an authorized person, it will be guarded or stored in a locked security container as prescribed below:

(a) Top Secret. Top Secret material shall be stored in:

(1) A safe or safe-type steel file container having a three-position dial-type combination lock as approved by the General Services Administration, or a Class A vault which meets the standards established by the head of the DoD component concerned.

area

(2) An alarmed area, provided such facilities are adjudged by the local responsible official to afford protection equal to or better than that prescribed in paragraph (a)(1) of this section. When an alarmed is utilized for the storage of Top Secret material, the physical barrier must be adequate to prevent surreptitious removal of the material, and observation when observation would result in the compromise of the material. The physical barrier must be such that forcible attack will give evidence of attempted entry into the area or room. The alarm system must as a minimum provide immediate notice to a security force of attempted surreptitious forced entry.

(b) Secret and Confidential. Secret and Confidential material may be stored in the manner authorized for Top Secret; or, in a Class B vault, or a vault type room, strong room, or secure storage room, which has been approved in accordance with the standards prescribed by the head of the DoD component; or, until phased out, in containers described in paragraph (d) of this section.

(c) Specialized security equipment(1) One-drawer container. One-drawer, GSA approved security containers are

used primarily for storage of classified information in mobile communication assemblages or transportable tactical assemblages. Such containers must be securely fastened or guarded to prevent the theft of the container. Mobile facilities which contain one-drawer security containers housing classified material will be afforded the protection necessary to prevent the theft of the entire mobile unit.

(2) Field safe. A field safe has been approved by GSA and listed on the Federal Supply Schedule. Precautions similar to those prescribed for the one-drawer container should be taken to prevent theft.

(3) Map and plan file. A GSA approved Map and Plan file has been developed for storage of odd-sized items such as computer cards, maps, and charts.

(d) Non-GSA approved containers. In addition to the security containers meeting GSA standards, Secret and Confidential material may be stored in a steel filing cabinet having a built-in, three-position, dial-type combination lock; or, as a last resort, an existent steel filing cabinet equipped with a steel lock bar, provided it is secured by a GSA approved changeable combination padlock.

§ 159.500-3 Procurement and phase-in of new storage equipment.

(a) Preliminary survey. New security storage equipment shall not be procured until:

(1) A current physical survey has been made of on-hand security equipment and classified records, and

(2) It has been determined, based upon the survey, that it is not feasible to use available equipment or to retire, return, declassify or destroy a sufficient volume of records currently on hand to make the needed security storage space available.

(b) Purchase. Whenever new security storage equipment is procured, it will be from the security containers listed on the Federal Supply Schedule, GSA. Further acquisition for security containers not on the Federal Supply Schedule, or modification of cabinets to bar-padlock type as storage equipment for classified information and material is prohibited. Exceptions may be made by heads of components, with notification to the Assistant Secretary of Defense (Comptroller).

(c) Nothing in this subpart shall be construed to modify existing Federal Supply Class Management Assignments made under DoD Directive 5030.47, "National Supply System," May 27, 1971.

§ 159.500–4 Designations and combina

tions.

(a) Numbering and designating storage facilities. Each vault or container used for the storage of classified material shall be designated but not externally marked as to the level of classified material authorized to be stored therein. Each vault or container shall be assigned a number or symbol for identification purposes. The number or symbol shall be affixed in a conspicuous location on the outside of the vault or container.

(b) Combinations to containers—(1) Changing. Combinations to security containers will be changed only by individuals having an appropriate security clearance. Combinations will be changed under any of the following circumstances:

(i) When placed in use after procurement.

(ii) Whenever an individual knowing the combination is transferred, discharged, or reassigned from the element to which the security container is assigned, or the security clearance of an individual knowing the combination is reduced, suspended, or revoked by proper authority.

(iii) When the combination or record of combination has been compromised or the security container has been discovered unlocked and unattended.

(iv) At least annually unless more frequent change is dictated by the type material stored therein.

(2) Classifying combinations. The combination of a vault or container used for the storage of classified material shall be assigned a security classification equal to the highest category of the classified material authorized to be stored therein.

(3) Recording storage facility data. A record shall be maintained for each vault, secure room, or container used for storing classified material, showing location, the names, home addresses, and home telephone numbers of persons having knowledge of the combinations to such storage facilities. To meet the above minimum standards, GSA Optional Form 63 may be used within DoD for these purposes.

(4) Dissemination. Knowledge of or access to the combination of a vault or container used for the storage of classified material shall be given only to those appropriately cleared persons who are authorized access to the classified in

(b) Classified information or material shall not be removed from officially designated office or working areas for the purpose of working on such material during off duty hours or for other purposes involving personal convenience. The head of a component or his designee may authorize removal from such working areas in cases of compelling necessity, provided that appropriate component regulations applicable to such situations ensure maximum protection possible under the circumstances.

§ 159.501-1 Care during working hours

Each individual shall take precaution to prevent access to classified information by unauthorized persons. Among the precautions to be followed are:

(a) Classified documents, when removed from storage for working purposes, shall be kept under constant surveillance and face down or covered when not in use. As existing stocks are exhausted and U.S. standard form document cover sheets become available such shall be the only forms authorized for use by DoD components for these purposes.

(b) Preliminary drafts, carbon sheets, plates, stencils, stenographic notes, worksheets, and all similar items containing classified information shall be either (1) destroyed by the person responsible for their preparation immediately after they have served their purposes, or (2) shall be given the same classification and safeguarded in the same manner as the classified material produced from them.

(c) Typewriter ribbons used in typing classified material shall be protected in all respects in the same manner as the highest level of classification for which they have been so used. When destruction is necessary, it shall be accomplished in the manner prescribed for classified working papers, of the same classification. After the upper and lower sections have been cycled through the machine five times in the course of regular typing all fabric ribbons may be treated as unclassified. Carbon and plastic typewriter ribbons and carbon paper which have been used in the production of classified information shall be destroyed in the manner prescribed for working papers of the same classification after initial usage. As an exception to the foregoing, any typewriter ribbon which remains substantially stationary in the typewriter until it has received at least five consecutive impressions may be treated as unclassified. § 159.501-2 Care after working hours.

All heads of activities shall require a sytem of security checks at the close of each working day to ensure that the classified material held by the activity is properly protected. They shall require the custodian of the classified material to make an inspection which shall ensure, as a minimum, that:

(a) All classified material is stored in the manner prescribed.

(b) Burn bags are properly stored or destroyed.

(c) The contents of wastebaskets which contain classified material have been properly stored or destroyed.

(d) Classified shorthand notes, carbon paper, carbon and plastic typewriter ribbons, rough drafts, and similar papers have been properly stored or destroyed. As a matter of routine during the day, such items shall be placed in burn bags immediately after they have served their purpose.

(e) As existing stocks are exhausted, Optional Form No. 62 shall be used by

DoD components for security container check purposes.

§ 159.501-3

Care of working spaces.

The following precaution shall be taken to provide protection of classified information.

(a) Necessary safeguards shall be afforded to buildings and areas in which classified material is kept.

(b) Precautions shall be taken to minimize any danger of inadvertent disclosure of classified information in conversations. Classified information shall not be discussed in public places.

§ 159.501-4 Emergency planning.

(a) Plans shall be developed for the protection, removal, or destruction of classified material in case of natural disaster, civil disturbance, or enemy action. Such plans shall establish detailed procedures and responsibilities for the protection of classified material so that it does not fall into unauthorized hands in event of an emergency; and shall indicate what material is to be guarded, removed, or destroyed. An adequate emergency plan should provide for: Guarding the material; removing the classified material from the area; complete destruction of the classified material on a phased, priority basis; or appropriate combinations of those actions.

(b) Emergency plans shall provide for the protection of classified information in a manner which will minimize the risk of loss of life or injury to personnel. The immediate placement of a perimeter guard force around the affected area, preinstructed and trained to prevent the removal of classified material by unauthorized personnel, is an acceptable means of protecting classified material and reducing casualty risk. § 159.501-5

versations.

Telecommunications

con

Classified information shall not be discussed in telephone conversations except as may be authorized over approved secure communication circuits.

§ 159.501-6 Security of meetings and conferences.

The official responsible for arranging or convening a conference or other meeting is also responsible for instituting procedures and selecting facilities which provide adequate security if classified information is to be discussed or disclosed. The responsible official will:

(a) Notify each person who is to present or disclose classified information of the security limitations that must be imposed because of:

(1) The level of access authorization. (2) Requirement for access to the information by the attendees.

(3) Physical security conditions.

(b) Insure that each person attending the classified portions of meetings has been authorized access to information of equal or higher classification than the information to be disclosed.

(c) Insure that the area in which classified information is to be discussed affords adequate security against unauthorized access.

(d) Insure that adequate storage facilities are available.

(e) Control and safeguard any classified material furnished to those in attendance and retrieve the material or obtain receipts, as required.

(f) Monitor the meetings to insure that discussions are limited to the level authorized.

Subpart Compromise of Classified
Information

58-112-76- -17

(a) That a loss of classified information or material did not occur or that the circumstances indicate the possibility that classified information was compromised as being remote. Expenditure of time and effort on unproductive investigation should be avoided. If the responsible official determines that the probability of compromise is remote, and that no significant activity security weakness is found and disciplinary action is not appropriate, the report of initial inquiry will suffice; or

(b) That an actual compromise did occur or that the possibility of compromise cannot be discounted. Upon this determination, the responsible official will:

(1) Report the circumstances to appropriate authority as specified in component instructions.

(2) If the responsible official is the originator, he shall take the action prescribed in § 159.600–6.

(3) If other than the originator, notify the originator of the known details of the compromise to include identification of the classified information or material involved. In the event the originator is unknown, notification will be sent to the office specified in component instructions.