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person, NASA Information Security to resort to security classification to Program Committee.
prevent premature release. However, if
at any time during the processing of 8 1203.402 Classifying material other than
raw data it becomes apparent that the documentation.
results require protection under the Items of equipment or other physi. criteria set forth in this Subpart D, it cal objects may be classified only is the responsibility of the cognizant where classified information may be NASA office to obtain the appropriate derived by visual observation of inter- security classification. nal or external appearance, structure, operation, test, application or use. The $ 1203.405 Proprietary information. overall classification assigned to equip. Proprietary information made availment or objects shall be at least as able to NASA is subject to examinahigh as the highest classification of tion for classification purposes under any of the items of information which the criteria set forth in this Subpart may be revealed by the equipment or D. Where the information is in the objects, but may be higher if the clas- form of a proposal and accepted by sifying authority determines that the NASA for support, it should be categosum of classified or unclassified infor- rized in accordance with the criteria of mation warrants such higher classifi- § 1203.400. If NASA does not support cation. In every instance where classi- the proposal but believes that security fication of an item of equipment or classification would be appropriate object is determined to be warranted, under the criteria of $ 1203.400 if it such determination must be based on were under Government jurisdiction, a finding that there is at least one the contractor should be advised of aspect of the item or object which re- the reasons why safeguarding would quires protection. If mere knowledge be appropriate, unless security considof the existence of the equipment or erations preclude release of the explaobject would compromise or nullify nation to the contractor. NASA should the reason or justification for its clas identify the Government department, sification, the fact of its existence agency or activity whose national seshould be classified.
curity interests might be involved and
the contractor should be instructed to $ 1203.403 State-of-the-art and intelli
protect the proposal as though classigence.
fied pending further advisory classifiA logical approach to classification cation opinion by the Government acrequires consideration of the extent to tivity whose interests are involved. If which the same or similar information such a Government activity cannot be available from intelligence sources is identified, the contractor should be known or is available to others. It is advised that the proposal is not under also important to consider whether it NASA jurisdiction for classification is known publicly, either domestically purposes, and that the information or internationally, that the United should be sent, under proper safeStates has the information or even is guards, to the Director, Information interested in the subject matter. The Security Oversight Office, General known state-of-the-art in other na Services Administration, Washington, tions is an additional substantive D.C. 20405, for a determination. factor requiring consideration.
8 1203.406 Additional classification fac1203.404 Handling of unprocessed data. tors.
It is the usual practice to withhold In determining the appropriate clasthe release of raw scientific data re- sification category, the following addiceived from spacecraft until it can be tional factors should be considered: calibrated, correlated and properly in- (a) Uniformity Within Government terpreted by the experimenter under Activities. The effect classification will the monitorship of the cognizant have on technological programs of NASA office. During this process, the other Government departments and data are withheld through administra agencies should be considered. Classitive measures, and it is not necessary fication of official information must
be reasonably uniform within the Gov. ernment.
(b) Applicability of Classification Directives of Other Government Agencies. It is necessary to determine whether authoritative classification guidance exists elsewhere for the information under consideration which would make it necessary to assign a higher classification than that indicated by the applicable NASA guidance. Generally, the classification by NASA should not be higher than that of equivalent information in other departments or agencies of the Government.
$ 1203.407 Duration of classification.
(a) Except as permitted in paragraph (b) of this section, each original classification authority shall set a date or event for automatic declassification no more than six years later.
(b) Only officials with Top Secret classification authority listed in Subpart H may classify information for more than six years from the date of the original classification. This authority shall be used sparingly. In such cases, a declassification date or event, or å date for review, shall be set. This date or event shall be as early as national security permits and shall be no more than 20 years after original classification except as provided under the provisions of $ 1203.603. 8 1203.408 Assistance by installation secu
rity classification officers. Installation Security Classification Officers, as the installation point-ofcontact, will assist installation personnel in:
(a) Interpreting security classification guides and classification assignments for the installation.
(b) Answering questions and considering suggestions concerning security classification matters.
(c) Ensuring a continuing review of classified information for the purpose of declassifying or downgrading in accordance with Subpart E of this part.
(d) Reviewing and approving, as the representative of the contracting officer, the DD Form 254, Contract Secu. rity Classification Specification, issued to contractors by the installation.
$1203.409 Exceptional cases.
(a) In those cases where a person not authorized to classify information orginates or develops information which is believed to require classification, that person should safeguard the material as though it were classified until it has been evaluated and a decision made by an appropriate classifying authority. For NASA employees the classifying authority is normally the Installation Security Classification Officer. Persons other than NASA employees should forward, under appropriate safeguards, material in which NASA has primary interest to the NASA Information Security Program Committee, Security Division, Washington, DC 20546 for a classification determination.
(b) Information in which NASA does not have primary interest shall be returned promptly, under appropriate safeguards, to the sender in accordance with $ 1203.405.
(c) Material received from another agency for a NASA security classification determination shall be processed within 30 days. If a classification cannot be determined during that period, the material shall be sent, under appropriate safeguards, to the Director, Information Security Oversight Office, GSA, for a determination. g 1203.410 Prohibitions.
(a) Classification may not be used to conceal violations of law, inefficiency of administrative error; to prevent embarrassment to a person, organization or agency; or to restrain competition.
(b) Basic scientific research information not clearly related to the national security may not be classified.
(c) A product of non-government 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 under this Part 1203 until and unless the Government acquires a proprietary interest in the product. This part does not affect the provi. sions of the Patent Secrecy Act of 1952 (35 U.S.C. 181-188).
(d) References to classified documents that do not disclose 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 this part or to prevent or delay the public release of such information.
(f) No document originated on or after December 1, 1978, may be classified after NASA has received a request for the document under the Freedom of Information Act or the mandatory review provisions of this part, unless such classification is consistent with this part and is authorized by the Administrator or Deputy Administrator. Documents originated before December 1. 1978, and subject to such a request may not be classified unless such classification is consistent with this part and is authorized by the Chairperson, NASA Information Security Program Committee, or by an official with Top Secret classification authority. Classification authority under this provision shall be exercised personally, on a document-by-document basis.
(g) Classification may not be restored to documents already declassified and released to the public.
classification beyond the six-year period shall be provided in the guidance in accordance with the provisions of g 1203.407. If the reason for prolonging classification beyond six years would be the only cause for classification of the guide or would raise the level of the classification of the guide, it need by recorded only on the record copy of the guide.
(4) Indicate specifically, that the designations, time limits, markings and other requirements of Executive Order 12065 are to be applied to information classified pursuant to the guide.
(5) Be approved personally and in writing by an official with original Top Secret classification authority; the identity of the official will be shown on the guide. Such approval constitutes an original classification decision. Normally, all guides will be approved by the Chairperson, NASA Information Security Program Committee, whose office will maintain a list of all classification guides in current use.
(b) Review of Classification Guides. Classification guides shall be reviewed by the originator for currency and accuracy not less than once every two years. Changes shall be in strict conformance with the provisions of this Part 1203 and shall be issued promptly. If no changes are made, the originator shall SO annotate the record copy and show the date of the review. Subpart E-Derivative Classification. $1203.500 Use of derivative classification.
Derivative application of classification markings is a responsibility of those who incorporate, paraphrase, restate, generate in new form or respond to information which is already classified or those who apply markings in accordance with a security classification guide issued by an authorized classifier. Persons who apply derivative classifications shall take care to determine whether their paraphrasing, restating or summarizing of classified information has removed all or part of the basis for classification. (44 FR 34918, June 18, 1979)
$ 1203.411 [Reserved)
(a) General. A classification guide, based upon classification determinations made by appropriate program and classification authorities, shall be issued for each classified system, program or project. Classification guides shall:
(1) Identify the information elements to be protected, using categorization and subcategorization to the extent necessary to ensure that the information involved can be readily and uniformly identified.
(2) State which of the classification designations (i.e., Top Secret, Secret or Confidential) apply to the identified information elements.
(3) State the duration of each such specified classification in terms of a period of time or future event. When such duration is to exceed six years, the decision must be made by an original Top Secret classification authority and the specific reason for prolonging
$ 1203.501 Applying derivative classifica. 81203.602 Public interest vs. declassifica. tion markings.
tion. Persons who apply derivative classi It is presumed that information fication markings shall:
which continues to meet the classifica(a) Respect original classification de
tion requirements in $ 1203.407(b) recisions;
quires continued protection. In rare (b) Verify the information's current
cases, however, the need to protect level of classification so far as practi
such information may be outweighed
by the public interest in disclosure of cable before applying the markings;
the information, and in these cases and
the information should be declassified. (c) Carry forward to any newly cre.
When such questions arise concerning ated documents the assigned dates or
NASA information, they shall be reevents for declassification or review
ferred to the Administrator; the and any additional authorized mark
Chairperson, NASA Information Secuings. Where checks with originators or
rity Program Committee; an official other appropriate inquiries show that with Top Secret classification authorino classification or a lower classifica ty; or, in the case of Presidential tion than originally assigned is appro papers, the Archivist of the United priate, the derivative document shall States. That official, after appropriate be issued unclassified or shall be consultation with other agencies or marked accordingly.
Government components, will deter(44 FR 34918, June 18, 1979)
mine whether the public interest in Subpart F-Declassification and
disclosure outweighs the damage to
national security that might be reaDowngrading
sonably expected from disclosure and, SOURCE: 44 FR 34918, June 18, 1979, unless if the determination is affirmative, deotherwise noted.
classify the information. $ 1203.600 Policy.
Declassification of classified infor. § 1203.603 Systematic review for declassimation shall be given emphasis compa
fication. rable to that accorded classification. (a) General. (1) Except for foreign Information classified pursuant to Ex government information as provided ecutive Order 12065 and prior orders in Subpart G of this part, classified inshall be declassified as early as nation formation constituting permanently al security considerations permit. De- valuable records of the Government, cisions concerning declassification as defined by 44 U.S.C. 2103, and inshall be based on the loss of the infor- formation in the possession and conmation's sensitivity with the passage trol of the Administrator of General of time or on the occurrence of a de- Services, pursuant to 44 U.S.C. 2107 or classification event. When information 2107 note, shall be reviewed for declasis reviewed for declassification pursu
sification as it becomes 20 years old. ant to this part 1203 or the Freedom
Transition to systematic reviews at 20 of Information Act, it shall be declassi.
years shall be implemented as rapidly fied unless the classification authority
as practicable and shall be completed established pursuant to Subpart H de. by December 1, 1988. termines that the information contin
(2) The Administrator may extend ues to meet the classification guide
classification beyond 20 years, but lines prescribed in § 1203.400 despite
only in accordance with $$ 1203.600,
1203.601 and 1203.602 and paragraph the passage of time.
(b) of this section. This authority may 8 1203.601 Responsibilities.
not be delegated. When classification Officials authorized original classifi. is extended beyond 20 years, a date no cation authority may declassify or more than 10 years later shall be set downgrade information that is subject for declassification or for the next to the final classification jurisdiction review. That date and specified action of NASA and shall take such action in shall be marked on the document. accordance with the provisions of this Subsequent reviews for declassificaSubpart F.
tion shall be set at no more than 10
year intervals unless a longer interval agency having custody of the informahas been authorized by the Director of tion covered by the guidelines. All inthe Information Security Oversight formation, except foreign government Office.
information, not identified in these (3) A request for extension of the guidelines as requiring review and for period between subsequent reviews for which a prior automatic declassificaspecific categories of documents or in- tion date has not been established formation shall be submitted to the shall be declassified automatically at Chairperson, NASA Information Secu- the end of 20 years from the date of rity Program Committee, and shall in- original classification. The guidelines clude personal certification that the shall be reviewed at least every other classified information for which the year and revised as necessary unless waiver is sought was systematically re- earlier review for revision is requested viewed as required, that a definitive by the Archivist of the United States. date for declassification could not be Copies of the declassification guidedetermined, and that results of the lines promulgated by NASA will be review established an identifiable need provided to the Information Security to retain classification for a period in Oversight Office, GSA. excess of 20 additional years and a rec- (c) Systematic Review Procedures. ommendation concerning the interval (a) All security classified records 20 before the next required review.
years old or older, whether held in (4) The Chairperson, NASA Infor storage areas under installation conmation Security Program Committee, trol or in Federal Records Centers, shall designate experienced personnel will be surveyed to identify those that to assist the Archivist of the United require scheduling for future disposiStates in the systematic review of 20 tion. Such scheduling must be accomyear old U.S. originated information plished by December 1, 1980. and 30-year old foreign information. (2) All NASA information or materiSuch personnel shall:
al in the custody of the National Ar(i) Provide guidance and assistance chives and Records Service that is perto National Archives employees in manently valuable and more than 20 identifying and separating documents years old is to be systematically reand specific categories of information viewed for declassification by the Arwithin documents which are deemed chivist of the United States with the to require continued classification; and assistance of the personnel designated
(ii) Develop reports of information for the purpose pursuant to paragraph or document categories so separated, (a)(4)(i) of this section. The Archivist with recommendations concerning shall refer to NASA that information continued classification.
or material which NASA has indicated (b) Systematic Review Guidelines. requires further review. In the case of The Chairperson, NASA Information 20-year old information or material in Security Program Committee, shall the custody of NASA installations, develop, in coordination with NASA such review will be accomplished by organizational elements, guidelines for the custodians of the information or the systematic review for declassifica material. The installation having prition of 20-year old classified informa- mary jurisdiction over the information tion under NASA's jurisdiction. (See or material received from the Archi$ 1203.700, Foreign Government Infor vist or in its custody, shall proceed as mation.) The guidelines shall state follows: specific limited categories of informa- (i) Classified information or material tion which, because of their national over which NASA exercises exclusive security sensitivity, should not be de- or final original classification authoriclassified automatically but should be ty and which is to be declassified in acreviewed item-by-item to determine cordance with the systematic review whether continued protection beyond guidelines developed under paragraph 20 years is needed. These guidelines (b) of this section shall be so marked. are authorized for use by the Archivist (ii) Classified information or materiof the United States and, with the ap- al over which NASA exercises excluproval of the Administrator, by an sive or final original classification au