person, NASA Information Security Program Committee.

§ 1203.402 Classifying material other than

documentation.

Items of equipment or other physical objects may be classified only where classified information may be derived by visual observation of internal or external appearance, structure, operation, test, application or use. The overall classification assigned to equipment or objects shall be at least as high as the highest classification of any of the items of information which may be revealed by the equipment or objects, but may be higher if the classifying authority determines that the sum of classified or unclassified information warrants such higher classification. In every instance where classification of an item of equipment or object is determined to be warranted, such determination must be based on a finding that there is at least one aspect of the item or object which requires protection. If mere knowledge of the existence of the equipment or object would compromise or nullify the reason or justification for its classification, the fact of its existence should be classified.

§ 1203.403 State-of-the-art and intelligence.

A logical approach to classification requires consideration of the extent to which the same or similar information available from intelligence sources is known or is available to others. It is also important to consider whether it is known publicly, either domestically or internationally, that the United States has the information or even is interested in the subject matter. The known state-of-the-art in other nations is an additional substantive factor requiring consideration.

§ 1203.404 Handling of unprocessed data.

It is the usual practice to withhold the release of raw scientific data received from spacecraft until it can be calibrated, correlated and properly interpreted by the experimenter under the monitorship of the cognizant NASA office. During this process, the data are withheld through administrative measures, and it is not necessary

to resort to security classification to prevent premature release. However, if at any time during the processing of raw data it becomes apparent that the results require protection under the criteria set forth in this Subpart D, it is the responsibility of the cognizant NASA office to obtain the appropriate security classification.

§ 1203.405 Proprietary information.

Proprietary information made available to NASA is subject to examination for classification purposes under the criteria set forth in this Subpart D. Where the information is in the form of a proposal and accepted by NASA for support, it should be categorized in accordance with the criteria of § 1203.400. If NASA does not support the proposal but believes that security classification would be appropriate under the criteria of § 1203.400 if it were under Government jurisdiction, the contractor should be advised of the reasons why safeguarding would be appropriate, unless security considerations preclude release of the explanation to the contractor. NASA should identify the Government department, agency or activity whose national security interests might be involved and the contractor should be instructed to protect the proposal as though classified pending further advisory classification opinion by the Government activity whose interests are involved. If such a Government activity cannot be identified, the contractor should be advised that the proposal is not under NASA jurisdiction for classification purposes, and that the information should be sent, under proper safeguards, to the Director, Information Security Oversight Office, General Services Administration, Washington, D.C. 20405, for a determination.

§ 1203.406 Additional classification factors.

In determining the appropriate classification category, the following additional factors should be considered:

(a) Uniformity Within Government Activities. The effect classification will have on technological programs of other Government departments and agencies should be considered. Classification of official information must

be reasonably uniform within the Government.

(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 a 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.

§ 1203.408 Assistance by installation security 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 Security 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, tɔ the Director, Information Security Oversight Office, GSA, for a determination.

§ 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 provisions 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.

§ 1203.411 [Reserved]

§ 1203.412 Classification guides.

(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

classification beyond the six-year period shall be provided in the guidance in accordance with the provisions of 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]

§ 1203.501 Applying derivative classification markings.

Persons who apply derivative classification markings shall:

(a) Respect original classification decisions;

(b) Verify the information's current level of classification so far as practicable before applying the markings; and

(c) Carry forward to any newly created documents the assigned dates or events for declassification or review and any additional authorized markings. Where checks with originators or other appropriate inquiries show that no classification or a lower classification than originally assigned is appropriate, the derivative document shall be issued unclassified or shall be marked accordingly.

[44 FR 34918, June 18, 1979]

Subpart F-Declassification and
Downgrading

SOURCE: 44 FR 34918, June 18, 1979, unless otherwise noted.

§ 1203.600 Policy.

Declassification of classified information shall be given emphasis comparable to that accorded classification. Information classified pursuant to Executive Order 12065 and prior orders shall be declassified as early as national security considerations permit. Decisions concerning declassification shall be based on the loss of the information's sensitivity with the passage of time or on the occurrence of a declassification event. When information is reviewed for declassification pursuant to this Part 1203 or the Freedom of Information Act, it shall be declassified unless the classification authority established pursuant to Subpart H determines that the information continues to meet the classification guidelines prescribed in § 1203.400 despite the passage of time.

§ 1203.601 Responsibilities.

Officials authorized original classification authority may declassify or downgrade information that is subject to the final classification jurisdiction of NASA and shall take such action in accordance with the provisions of this Subpart F.

§ 1203.602 Public interest vs. declassification.

It is presumed that information which continues to meet the classification requirements in § 1203.407(b) requires continued protection. In rare cases, however, the need to protect such information may be outweighed by the public interest in disclosure of the information, and in these cases the information should be declassified. When such questions arise concerning NASA information, they shall be referred to the Administrator; the Chairperson, NASA Information Security Program Committee; an official with Top Secret classification authority; or, in the case of Presidential papers, the Archivist of the United States. That official, after appropriate consultation with other agencies or Government components, will determine whether the public interest in disclosure outweighs the damage to national security that might be reasonably expected from disclosure and, if the determination is affirmative, declassify the information.

§ 1203.603 Systematic review for declassification.

(a) General. (1) Except for foreign government information as provided in Subpart G of this part, classified information constituting permanently valuable records of the Government, as defined by 44 U.S.C. 2103, and information in the possession and control of the Administrator of General Services, pursuant to 44 U.S.C. 2107 or 2107 note, shall be reviewed for declassification as it becomes 20 years old. Transition to systematic reviews at 20 years shall be implemented as rapidly as practicable and shall be completed by December 1, 1988.

(2) The Administrator may extend classification beyond 20 years, but only in accordance with §§ 1203.600, 1203.601 and 1203.602 and paragraph (b) of this section. This authority may not be delegated. When classification is extended beyond 20 years, a date no more than 10 years later shall be set for declassification or for the next review. That date and specified action shall be marked on the document. Subsequent reviews for declassification shall be set at no more than 10

year intervals unless a longer interval has been authorized by the Director of the Information Security Oversight Office.

(3) A request for extension of the period between subsequent reviews for specific categories of documents or information shall be submitted to the Chairperson, NASA Information Security Program Committee, and shall include personal certification that the classified information for which the waiver is sought was systematically reviewed as required, that a definitive date for declassification could not be determined, and that results of the review established an identifiable need to retain classification for a period in excess of 20 additional years and a recommendation concerning the interval before the next required review.

(4) The Chairperson, NASA Information Security Program Committee, shall designate experienced personnel to assist the Archivist of the United States in the systematic review of 20year old U.S. originated information and 30-year old foreign information. Such personnel shall:

(i) Provide guidance and assistance to National Archives employees in identifying and separating documents and specific categories of information within documents which are deemed to require continued classification; and (ii) Develop reports of information or document categories so separated, with recommendations concerning continued classification.

(b) Systematic Review Guidelines. The Chairperson, NASA Information Security Program Committee, shall develop, in coordination with NASA organizational elements, guidelines for the systematic review for declassification of 20-year old classified information under NASA's jurisdiction. (See § 1203.700, Foreign Government Information.) The guidelines shall state specific limited categories of information which, because of their national security sensitivity, should not be declassified automatically but should be reviewed item-by-item to determine whether continued protection beyond 20 years is needed. These guidelines are authorized for use by the Archivist of the United States and, with the approval of the Administrator, by an

agency having custody of the information covered by the guidelines. All information, except foreign government information, not identified in these guidelines as requiring review and for which a prior automatic declassification date has not been established shall be declassified automatically at the end of 20 years from the date of original classification. The guidelines shall be reviewed at least every other year and revised as necessary unless earlier review for revision is requested by the Archivist of the United States. Copies of the declassification guidelines promulgated by NASA will be provided to the Information Security Oversight Office, GSA.

(c) Systematic Review Procedures. (a) All security classified records 20 years old or older, whether held in storage areas under installation control or in Federal Records Centers, will be surveyed to identify those that require scheduling for future disposition. Such scheduling must be accomplished by December 1, 1980.

(2) All NASA information or material in the custody of the National Archives and Records Service that is permanently valuable and more than 20 years old is to be systematically reviewed for declassification by the Archivist of the United States with the assistance of the personnel designated for the purpose pursuant to paragraph (a)(4)(i) of this section. The Archivist shall refer to NASA that information or material which NASA has indicated requires further review. In the case of 20-year old information or material in the custody of NASA installations, such review will be accomplished by the custodians of the information or material. The installation having primary jurisdiction over the information or material received from the Archivist or in its custody, shall proceed as follows:

(i) Classified information or material over which NASA exercises exclusive or final original classification authority and which is to be declassified in accordance with the systematic review guidelines developed under paragraph (b) of this section shall be so marked.

(ii) Classified information or material over which NASA exercises exclusive or final original classification au