19482 Applicability and scope.

(a) The provisions of this part apply to the Office of the Secretary of Defense, the Military Departments, the Organization of the Joint Chiefs of Staff, the Unified and Specified Commands, and the Defense Agencies, hereafter referred to as "DoD Compobents."

(b) This Directive does not encompass Armed Forces newspapers and civilian enterprise publications as defined in 32 CFR part 202; manuals, pamphlets, directives, instructions, regulations, opinions, decisions, official notices, circulars, reports, internal information bulletins issued by a DoD Component headquarters; and primarily (75 percent or more) statistical materials.

248.3 Definitions.

(iii) High standards of editorial quality, accuracy, and good taste must be maintained.

(a) Periodicals within the purview of this part are: Any classified or unclassified DoD magazine or newsletter-type publication published at regular interals, at least semiannually, for the purpose of disseminating information and material necessary to the issuing activity, with a continuing policy as to format, content, and purpose. Periodicals are nondirective in nature and are Usually published to inform and motirate DoD personnel, increase their knowledge, or improve their perform

Ance.

(iv) A periodical is the necessary medium of communication between the publishing activity and its intended readership.

more.

(v) Equivalent periodicals serving the same, or substantially the same, purpose do not exist.

(vi) The potential readership can be specified clearly.

(vii) The periodical can be distributed efficiently and economically to the intended readerdship.

248.4 Policy.

(viii) The nature, amount, and assured sources of information to be disseminated justify the foremat, production, specifications, and frequency of issue.

(ix) Adequate resources are available to produce the periodical. Current or estimated costs are consistent with the periodical's objectives.

(x) The periodical has current applicability and is consonant with existing law and DoD policies.

(2) All personnel responsible for publishing DoD periodicals shall comply with the provisions of the current edition of the Government Printing and Binding Regulations1 and OMB Circular No. A-3.2

(a) The Assistant Secretary of Defense (Public Affairs) shall:

(1) Establish, and ensure compliance with, supplemental policies, standards, and controls governing the publication of DoD periodicals.

(2) Evaluate the effectiveness of DoD Component policies, standards, and controls that relate to DoD periodicals, and effect such changes as may be warranted.

(3) Institute programs, in conjunction with the DoD Components, for the purpose of increasing the proficiency of editorial personnel in editorial writing, periodical production, management, and cost effectiveness.

(4) Establish a research resource to: (1) Provide professional guidance to DoD Components in the conduct of mass communications research.

(ii) Evaluate completed research. (iii) Coordinate periodical research within the DoD Components.

(5) In coordination with the DoD Components concerned, examine the apparent duplication of periodicals and direct the elimination of those found to be duplicative or of marginal value. (See § 248.4(b).)

(b) The Head of each DoD Component shall designate an office to monitor the Component's internal periodicals, and:

(1) Conduct a coordinated review of its standards for publication, distribution, evaluation, review and approval;

3Filed as part of original. Copies may be obtained, if needed, from the U.S. Naval Publications and Forms Center, 5801 Tabor Avenue, Philadelphia, Pa. 19120. Attention: Code 301.

(2) Maintain a current inventory its periodicals; and

(3) Submit such reports as may be quired by the ASD(PA).

$248.6 Funding.

DoD periodicals will be financ within available appropriated nonappropriated funds and will be pr duced as economically as possible, co sistent with the need for efficient co munication (See DOD Instructi 7041.3.4) Funding will be in accordan with established management practic of the DoD Component concerned.

PART 249-PRESENTATION OF DOD RELATED SCIENTIFIC AND TECH NICAL PAPERS AT MEETINGS

This part amplifies policy set forth i DoD Directive 3200.12,1 assigns respon sibilities, prescribes procedures, an provides guidance for consideration o national security concerns in the dis semination of scientific and technica information in the possession or unde the control of the Department of De fense at conferences and meetings. I supports current policies regarding classified meetings and requirements for review of scientific and technica papers; provides guidance for reviewing and presenting papers containing ex port-controlled DoD technical data; es tablishes procedures for containing DoD advice on independently-produced scientific and technical papers; and provides criteria for identifying fundamental research activities performed

4 See footnote 1 to §248.4(a)(2).

1 Copies may be obtained, if needed, from the U.S. Naval Publications and Forms Center, 5801 Tabor Avenue, Attn: Code 301, Philadelphia PA 19120.

ader contract or grant that are exaded from review requirements.

1493 Applicability and scope.

This part applies to the Office of the Secretary of Defense (OSD) DoD Field Activities, the Military Departments, the Organization of the Joint Chiefs of Saff (OJCS), the Defense Agencies, and the Unified and Specified Commands (hereafter referred to collecrely as "DoD Components"). 4493 Definitions.

CONTRACTED FUNDAMENTAL RESEARCH Includes grants and contracts that (a) funded by budget Category 6.1 Research"), whether performed by iversities or industry or (b) funded budget Category 6.2 ("Exploratory Development") and performed on-camat a university. The research shall ot be considered fundamental in those are and exceptional circumstances There the 6.2-funded effort presents a gh likelihood of disclosing performAce characterics of military systems * manufacturing technologies that are ique and critical to defense, and here agreement on restrictions have een recorded in the contract or grant. DoD Personnel. All civilian officers and employees, including special Government employees, of all DoD Compoents, and all active duty officers commissioned and warrant) and ensted members of the Army, Navy, Air Force, and Marine Corps.

12494 Policy.

It is DoD policy to:

con

(e) Provide timely review of DoD employee and contractor papers intended for presentation at scientific and technical conferences and meetings, and if warranted and authorized by contract in the case of contractor employees, prescribe limitations on these presentations. Dissemination restrictions shall be used only when appropriate authority exists.

(f) Assist DoD contractors and, when practical, others in determining the sensitivity of or the applicability of export controls to technical data proposed for public disclosure.

(g) Approve release of classified or controlled unclassified DoD information to foreign representatives when such release promotes mutual security or advances the interests of an international military agreement or understanding in accordance with foreign disclosure policies of the Department of Defense. Presentation of such information at technical meetings attended by foreign representatives is appropriate when the release is made under the terms of existing security arrangements and when the Department of Defense and receiving government have established an understanding or agreement in that specific scientific or technical area.

(h) Refrain from interfering with the planning and organizing of meetings sponsored and conducted by non-government organizations. The type and level of DoD participation in such

meetings will be determined taking account of such factors as benefit to the Department of Defense and how the meetings are being conducted.

$249.5 Procedures.

(a) General Conferences organized by DoD Components, DoD contractors, scientific and engineering societies, and/or professional associations, among others, can enhance the value of research and development sponsored by the Federal Government, and in such cases require full cooperation of all involved parties to obtain maximum benefits. Every effort should be made to develop presentations that are appropriate for delivery to the widest appropriate audience consistent with the interests of national security. In general, national security concerns related to the disclosure of DoD scientific and technical information at meetings are influenced by two mutually dependent factors; i.e. the sensitivity of the material to be presented, and the identity of proposed recipients of the material. These considerations and their impact on proposed meetings can be evaluated only through consultation among authors, conference organizers, and officials responsible for authorizing release of DoD information. The purpose of this consultation is to ascertain which combination of factors will support the most productive exchange of information consistent with U.S. laws and the requirements of national security. Interaction among concerned parties should commence at least six months before the meeting date.

(b) Information to be Presented. Possibilities range from completely unclassified/unlimited through classified information. Other considerations having an impact on meeting organization include, but are not limited to, proprietary data, export-controlled data, Privacy Act information, and foreign government-provided data.

(1) Classified information may be presented only at meetings organized in accordance with DoD Directive 5200.12.2

(2) Unclassified export-controlled DoD technical data may be presented only in sessions where recipients are

2 See footnote 1 to §249.1.

eligible to receive such data as established by 32 CFR part 250.

(3) Presentation of proprietary information, privacy data, and foreign government-provided data requires approval of the party controlling that information.

(c) Location of Meetings and Access Controls. To a large degree location of and access to meetings are dependent on the type of material to be presented.

(1) Papers which have been cleared for public release may be presented at any location and before any audience.

(2) Criteria established by 32 CFR part 250 for releasing unclassified documents containing unclassified exportcontrolled DoD technical data also are applicable to presentations containing such data. Unclassified export-controlled DoD technical data may be released to:

(1) United States and Canadian government officials, with the understanding that the information is to be used for official government purposes only. Technical data that falls outside the exemptions for export to Canada in United States export regulations may not be transferred under this and the following provision.

(ii) United States and Canadian citizens and resident aliens when disclosure is subject to the terms of a current (DD Form 2345) "Militarily Critical Technical Data Agreement."

(iii) Foreign nationals and United States citizens acting as representatives of foreign interests where disclosure is made in accordance with a license, approval, or exemption under the International Traffic in Arms Regulations or the Export Administration Regulations.

(3) Non-government

organizations

who organize meetings in the United States at which unclassified exportcontrolled DoD technical data is to be presented will be required to ensure that physical access to the presentations is limited to those eligible to receive such data (as described in paragraph (c)(2) of this section) before being permitted to present such data.

(4) Meetings sponsored by a United States Government agency at which unclassified export-controlled DOD technical data is to be presented may be held in any location in the United

States when control of physical access to the sessions is provided by a United States Government employee or a contractor specifically tasked by Department of Defense for that duty.

(5) Presentation of unclassified export-controlled DoD technical data in meetings held outside the United States may be permitted on a case-bycase basis after review of the situation by officials authorized to do so by the Director of Defense Research and Engineering, Office of the Under Secretary of Defense (Acquisition) or heads of DoD Components.

(6) When it is necessary to limit access to presentations of DoD-related scientific and technical papers, and private or professional organizations are unwilling or unable to provide required controls, DoD Components may, at their discretion, conduct meetings which correlate in place and topic with open meetings of such societies to take advantage of the fact that interested parties are already gathered.

(7) Classified information may be presented only at meetings held in a secure government or cleared contractor facility, unless a waiver has been granted in accordance with DoD Directive 5200.12. Personnel access controls for classified meetings also are specified in DoD Directive 5200.12.

(d) Foreign Representative Access to Meetings. (1) For classified meetings sponsored by the Department of Defense and conducted at a contractor facility, guidelines for foreign participation are established in DoD Directive 5230.113 and DoD Instruction 5230.20.4 Guidelines for the reporting of foreign participation in classified meetings are contained in DoD Directive 5200.12.

(2) For unclassified meetings sponsored and conducted by organizations other than the Department of Defense, the sole responsibility of determining whether foreign access is appropriate rests with the sponsor. The level and type of DoD participation in the meeting shall take into account the presence of foreign representatives, if any. (3) In order to advance the interests of an international military agreement or understanding, the Department of

3 See footnote 1 to $249.1. 4 See footnote 1 to $249.1.

Defense may wish to release to certain foreign nationals unclassified exportcontrolled DoD technical data being presented at unclassified, restricted access meetings sponsored and conducted by non-government societies and associations. Release in such cases by Department of Defense shall be pursuant to appropriate exemptions to the International Traffic in Arms Regulations (22 CFR part 126), which relieves the society or association from responsibility to obtain export approvals for these presentations. DoD sponsorship is for the sole purpose of granting access to DoD-sponsored technical information. When societies or associations agree to DoD sponsorship of foreign attendance under these circumstances, the visit request procedures established in DoD Instruction 5230.20 shall be used to obtain and process requests from foreign representatives for sponsorship, and to inform the requestor and the meeting sponsor of the decision to release the information and conditions pertaining to such release.

(e) Clearance for Public Release. A review is required by DoD Directive 5230.95 for all public releases by DoD personnel, including all presentations from DoD laboratories. DoD contractors are required to submit proposed presentations for review if that is a specific contractual requirement. Papers resulting from unclassified contracted fundamental research are exempt from prepublication controls and this review requirement.

(1) Proposed presentations shall be reviewed to:

(i) Determine what information, if any, in the submitted paper and/or abstract is subject to security classification, is subject to withholding from public disclosure under 32 CFR part 250 or is otherwise restricted by statute, regulation or DoD policy.

(ii) Recommend specific changes, if any, to allow the paper to be presented as requested.

(iii) Indicate on the document its releasibility in original and amended versions.

(iv) Provide information on appeal procedures to be followed if requested clearance is denied.

(2) Reviews shall be completed as speedily as possible after receipt of the