§ 159.1101-1 Other foreign material. Foreign security classifications generally parallel United States classifications (see § 159.1500-1, Appendix B). If the foreign classification is shown in English, no additional classification marking is required. If the foreign classification is not in English, the equivalent English classification, including Restricted when appropriate, shall be entered as prescribed for US documents. The exemption marking under § 159.4031(c) and the warning notice under § 159.405-3 shall not be entered. With respect to foreign originated material marked Restricted, the following additional notation shall be entered for all cases except those prescribed in § 159.1101: "This material is to be safeguarded in accordance with DoD 5200.1-R." PROTECTIVE MEASURES § 159.1102 NATO, CENTO, and SEATO classified information. NATO, CENTO, and SEATO classified information shall be safeguarded in accordance with the respective provisions of DoD Instruction C5210.21, DoD Instruction C5210.35 and DoD Instruction 5210.54, 159.100, (o), (p) and (q) respectively. § 159.1102-1 Classified material of foreign origin. Classified material of foreign origin shall be protected in accordance with the requirements prescribed for United States classified information of a comparable category. Foreign Restricted material shall be protected in all respects in the same manner as United States Confidential, except that Restricted material may be stored in locked filing cabinets, desks or other similar closed spaces which will prevent access to unauthorized persons. § 159.1102-2 Downgrading or regrading. Action will be taken by all U.S. authorities holding foreign classified information to downgrade or regrade such information on receipt of notice of such action by the originating foreign government or international organization. Subpart-Special Access Programs § 159.1200 It is the policy of the Department of Defense to utilize the standard classification categories and the applicable sec 58-112-76- -18 tions of Executive Order 11652 and its implementing National Security Council Directive, to limit access to classified information on a "need-to-know" basis to personnel who have been determined to be trustworthy pursuant to such Order and Directive. It is the further policy to apply the "need-to-know" principle in the regular system so that there will be no need to resort to formal Special Access Programs requiring extraordinary procedures, and controls, such as formal access determinations, special briefings, reporting procedures, and recorded formal access lists. § 159.1200-1 Definition. (a) A Special Access Program is any program imposing "need-to-know" or access controls beyond those normally provided for access to Confidential, Secret, or Top Secret information. Such a program includes, but is not limited to, special clearance, adjudication, or investigative requirements, special designation of officials authorized to determine "need-to-know", or special lists of persons determined to have a "need-toknow." (b) In determining whether a given activity or operation qualifies as a special access program, the following comments govern: A program should be regarded as a special access program if access to the information in the program may be given only after compliance with one or more requirements not generally applicable to the same level of classified information within the DoD. The characteristics of such a program include, but are not necessarily limited to, those listed in paragraph (a) of this section. § 159.1200-2 Scope. The following programs are excluded from the provisions of this chapter: (a) Access procedures for NATO, CENTO, and SEATO classified information. These procedures are based on international treaty requirements and are not originated by the DoD. (b) Programs for the collection of foreign intelligence or under the jurisdiction of the U.S. Intelligence Board or the U.S. Communications Security Board. The security arrangements for such programs are formulated under policies originating outside the DoD. § 159.1200-3 grams. Establishment of pro (a) All Special Access Programs, within the scope of this chapter, which are desired to be established in the Departments of the Army, Navy, and Air Force after the promulgation date of this Regulation, shall be submitted to the Secretary of the respective Department, with the information referred to in § 159.1200-4, for prior approval. If the Secretary of the Military Department approves the establishment of such program, he shall advise the Assistant Secretary of Defense (Comptroller) and furnish a copy of the information and rationale submitted to him on which he based his approval. (b) All Special Access Programs, within the scope of this chapter, which are desired to be established in any Department of Defense Component or Agency other than the three Military Departments shall be submitted to the Assistant Secretary of Defense (Comptroller), with the information referred to in § 159.1200-4, for prior approval. (c) The principal purpose of this paragraph is to obtain an overview of the nature, impact, and scope of special access programs. It is essential to avoid grouping two or more separate programs into a generic classification, such as "space programs" or "missile programs." It is also important to identify subprograms where access criteria are not coextensive with those of the principal program. Further, no two programs should be considered as a single program merely because certain aspects may coincide. In doubtful cases, the question should be resolved by separately identifying each program and explaining its relationship to other programs. § 159.1200-4 Reporting of special access programs. Reports required by § 159.1200-3, shall include as a minimum the following: (a) Department or Agency. (b) Unclassified name or short title of program. (c) Relationship, if any, to other programs in the DoD or other Government Agency. (d) Rationale and authority for establishment of program. In particular, furnish explanation as to why the required degree of security protection is not obtainable under regular safeguarding requirements for classified information. (e) Estimated number of persons to be granted Special Access. (f) Attach a copy of all instructions pertaining to the program security requirements including, but not limited to, those governing access to program information. § 159.1200-5 Notification. (a) The Secretaries of the Military Departments, and the ASD (C) for other DoD Components shall in those programs affecting contractors, make the programs applicable by incorporation in the contract or other legally binding instrument and provide copies to the cognizant DSA security office. (b) To the extent required by DDCAS/ DSA to execute his security responsibilities with respect to special access programs under his security cognizance, each official specified above shall provide for the granting of authorization for access to those programs by DDCAS/DSA personnel. meet with the Committee on matters of particular interest to those Departments. (b) Meetings and staff. The ICRC meets regularly, but no less frequently than monthly. The Chairman appoints an Executive Director and permanent staff. (c) Functions. The ICRC is charged with the following functions: (1) Oversee Department actions to ensure compliance with the provisions of the Order and the implementing NSC directives with particular emphasis on Departmental programs established to implement the Order and such directives. (2) Receive, consider and take action on suggestions and complaints from persons within or without the Government with respect to the general administration of the Order including appeals from denials by Departmental Committees or the Archivist of declassification requests. In consultation with the affected Department or Departments, the Committee will assure that appropriate action is taken on such suggestions and complaints. (3) Seek to develop means to (i) prevent overclassification, (ii) ensure prompt declassification in accord with the provisions of the Order, (iii) facilitate access to declassified material and (iv) eliminate unauthorized disclosure of classified information. (d) Information requests. The Committee Chairman is authorized to request information or material concerning the Department of Defense, including its components, and needed by the Committee in carrying out its functions. DEPARTMENT OF DEFENSE § 159.1301 Management responsibility. The Assistant Secretary of Defense (Comptroller) is the senior DoD official having authority and responsibility to ensure effective and uniform compliance with and implementation of Executive Order 11652 and NSC implementing directives (§§ 159.100 (b) and (c)). Under the Assistant Secretary of Defense (Comptroller), the Deputy Assistant Secretary of Defense (Security Policy) is responsible for the development of policies, standards, criteria and procedures governing the Department of Defense Information Security Program and for its effective and uniform implementation. § 159.1301-1 DoD Classification Review Committee (DCRC). The Department of Defense Classification Review Committee (DCRC) is comprised of the Assistant Secretary of Defense (Comptroller), Chairman, the Assistant Secretary of Defense (Public Affairs), and the General Counsel of the Department of Defense, as permanent members. Representatives from DoD components may be invited by the Chairman to meet with the Committee on matters of particular interest to those components. Its functions are: (a) Receive, consider and take action upon all suggestions and complaints with respect to the administration of the Department of Defense Information Security Program, including, without limitation, those regarding overclassification, unnecessary classification, failure to declassify, or delay in declassifying, not otherwise resolved at the component level. (b) Review appeals from denials of requests for records under the mandatory review provisions of E.O. 11652 and section 552 of Title 5, U.S.C. (Freedom of Information Act) when the denial is based on continued classification, the requested record is more than ten years old, and (1) the OSD, the OJCS, or a Defense Agency was responsible for the initial decision to deny the request; or (2) two or more DoD components have an interest in the matter and are in disagreement. (c) Receive, consider and take action upon appeals from the Classification Review Committees of the Military Departments specified in § 159.1302–1. (d) Recommend to the Secretary of Defense appropriate administrative action to correct abuse or violation of any provision of § 159.100 (b) or (c) of this regulation, including notification, warning letters, formal reprimand, and to the extent permitted by law, suspension without pay, forfeiture of pay, and removal. § 159.1301-2 DoD Information Security Advisory Board (DISAB). To advise and assist the Assistant Secretary of Defense (Comptroller), there is established a DoD Information Security Advisory Board. The Board shall be comprised of the Deputy Assistant Secretary of Defense (Security Policy) Chairman, and senior representatives designated by the Secretaries of the Military Departments, the Chairman, Joint Chiefs of Staff, the Director, Defense Research and Engineering, the Assistant Secretary of Defense (Intelligence), the Assistant Secretary of Defense (Public Affairs), the General Counsel of the Department of Defense, and the Director, Defense Supply Agency, as permanent members. Representatives of other components may be invited by the Chairman to participate in matters of specific interest. The Board shall review and evaluate the effectiveness of the administration of the Program by DoD components, developing and recommending new or revised uniform policies, standards, criteria or procedures necessary to meet changing conditions or to correct deficiencies in the Program. § 159.1302-1 Military departments. The Secretary of each Military Department shall designate a senior official who shall be responsible for the effective compliance with and implementation of this regulation within his Department. Each such official shall also serve as chairman of a Classification Review Committee of his Department which shall have authority and responsibility to perform functions for his Department similar to those described in § 159.1301-1. § 159.1302-2 Other components. The head of each other DoD component shall designate a senior official who shall be responsible for the effective compliance with and implementation of this regulation within his component. § 159.1302-3 Program monitorship. The senior officials designated under § 159.1302-1 and § 159.1302-2, are responsible within their respective jurisdictions for monitoring, inspecting and reporting on the status of administration of the DoD Information Security Program at all levels of activity under their cognizance. Each activity throughout the DoD shall assign (as a sole, principal or additional duty, depending upon operational responsibilities as dictated by the level and quantity of classified information involved in operations) an official to serve as security manager for the activity. He shall be responsible for administration of an effective Information Security Program in that activity with particular emphasis on (a) the assignment of proper classifications; (b) effective prevention of unauthorized disclosures of classified information; (c) progressive downgrading and declassification; and (d) systematic reviews to eliminate by destruction, transfer or retirement all unneeded classified material on the fastest basis consistent with operational requirements. Security managers should have sufficient staff assistance and authority to carry out an effective program. REPORTS REQUIREMENTS § 159.1303 Reports requirements. In addition to the reports required by § 159.105-1 (classification authorities), the DoD and Military Department Classification Review Committees (§ 159.1301-1 and § 159.1302-1) shall submit through appropriate channels to the Senior DOD official named in § 159.1301 quarterly reports covering classification review requests, classification abuses and unauthorized disclosures. Such reports are covered by Reports Control Symbcl DDA(Q) 1183. In addition, the DoD and Military Department Classification Review Committees shall provide such other reports as the senior DoD official may require. No Reports Control Symbol is required for these latter reports pursuant to section III.E, DOD Directive 5000.19. Subpart-Administrative and Judicial Action ulation, violations of these instruments shall be the subject of administrative action as follows: (a) Repeated abuse by any person of the classification process, or repeated failure, neglect or disregard of established requirements with respect to safeguarding classified information or material, shall be grounds for adverse administrative action. Such action may include a warning notice, formal reprimand, suspension without pay or forfeiture of pay, or discharge as appropriate in the particular case, in accordance with applicable policies and procedures. (b) Any person, regardless of office or level of employment, who is responsible for any unauthorized release or disclosure of classified information or material shall be notified that his action is in violation of the Executive Order, the implementing National Security Council directives, and this regulation, and, in addition, shall be subject to prompt and stringent action including, as appropriate in the particular case, a warning notice, formal reprimand, suspension without pay, forfeiture of pay, or discharge, in accordance with applicable policies and procedures. § 159.1400-2 Judicial action. Any action resulting in unauthorized disclosure of classified information which constitutes a violation of the criminal statutes shall be the subject of a report processed in accordance with DoD Directive 5210.50, § 159.100 (g) and DoD instruction 5200.22, § 159.100 (f). Subpart-List of Appendices for DoD Information Security Program Regulation § 159.1500 Appendix A-Original clas sification authorities (see § 159.105). Part 1-Top secret original classification authorities. Under the provisions of Executive Order 11652, § 159.100 (b), only the Secretary of Defense and the Secretaries of the Military Departments may designate officials to exercise Top Secret original classification authority. Designations may be made from the following groups of officials: 1. Senior principal deputies and assistants to the Secretaries. 2. Heads of major elements of the Department of Defense and their senior principal deputies and assistants. Attached is a listing of officials designated by the Secretary of Defense to exercise Top Secret original classification authority. Part 2-Secret original classification authorities. Secret original classification authority may be exercised by designated Top Secret original classification authorities and by such subordinate officials as are designated in writing by the Secretary of Defense, Secretaries of the Military Departments, or those other Top Secret classification authorities listed in this Appendix whose listing carries an asterisk. The authority to make designations of Secret classification authoritles is vested in the incumbent of the position and in the individual designated in writing by the incumbent to act as designating official in the incumbent's absence. The exercise of this authority is personal to the official in whom it is vested, and shall not be delegated by him or used by anyone acting for him in his name. Each designation shall be in writing and personally signed by the designating official. Part 3-Confidential original classification authorities. Confidential original classification authority may be exercised by officials designated to exercise Top Secret or Secret original classification authority and by such subordinate officials as they may designate in writing. Such designations shall be made in accordance with § 159.105 of the regulation. TOP SECRET CLASSIFICATION AUTHORITIES Secretary of Defense... *Deputy Secretary of Defense.. Principal Deputy Director_-_ Assistant Secretaries of Defense___ *General Counsel of the Department of Defense_. Director of Defense Program Analysis & Evaluation-- *Special Assistant and Assistant to the Secretary and Deputy Secretary of Defense....... •Assistant to the Secretray of Defense Chairman, Military Liaison Committee Advisor, U.S. Mission to Director, Weapons Systems Evaluation Group Director, Joint Tactical Communications (TRI-TAC). ORGANIZATION, JOINT CHIEFS OF STAFF *Chairman, Joint Chiefs of Staff_____ Director for Personnel, J-1----- Vice Director for Operations, J-3 Director for Logistics, J-4-. (1) (1) (1) (9) e e de ee ee (1) (1) (2) (1) (1) (1) eeeee & (1) (1) |