which are awarded unclassified Army research and development contracts, including letter contracts, modifications thereof or grants, may release the following information without prior clearance by Headquarters, Department of the Army:

(1) A statement that a contract, including a letter contract, modification thereof or grant, has been received.

(ii) A general description of the work procured; for example, a new electronics system or a fabric research study.

(iii) Information of public or professional interest pertinent to research and development to be accomplished under the contract or grant.

(iv) Information previously approved for release by Department of the Army.

(2) Department of the Army agencies or educational institutions will not release procurement information regarding research and development projects performed under Army contract without proper clearance where

(i) The contract or grant is classified. (ii) The information pertains to research, methods, or end products that develop security classification significance in an otherwise unclassified contract or grant.

(iii) The terms of the contract or grant preclude release of the information. (When an exception to this rule is desired, the policies prescribed in § 504.31(b) are applicable.)

(d) Release of unclassified scientific and technological information. (1) Expeditious release of scientific and technical information should be accomplished at the lowest level. Such releases will be restricted to scientific or technological results and constitute an exception to pertinent directives including, to the extent applicable, paragraph 5n of the Industrial Security Manual for Safeguarding Classified Information (DoD 5220.22-M).

(2) Scientific or technological information will not be released locally if it—

(i) Discloses classified military applications, or unclassified military applications, disclosure of which might not be in the national interest.

(ii) Contains subject matter specifically identified by Office of the Secretary

of Defense guidance as requiring OSD review prior to release § 504.8(a) (3).

(iii) Might generate national interest and, therefore, require release at the seat of government.

(iv) Is intended for public dissemination through presentation at international symposia.

[33 F.R. 2444, Feb. 1, 1968]

§ 504.34 Other commercial entities.

(a) Applicablity. This section is applicable to commercial entities, such as industrial and business concerns, advertising and public relations agencies, which do not hold Army contracts or represent Army contractors, or grantees using Army themes in their public in formation or promotional programs.

(b) Release guide. Commercial entities planning to use Army themes or products in promotional materials or related matters are encouraged to submit their materials to the Chief of Public Information, Department of the Army, for appropriate review prior to publication. The following procedures apply:

(1) The originator may submit his materials to any Army installation or headquarters, or direct to the Chief of Public Information, Department of the Army (ATTN: OFOI).

(2) The installation or headquarters receiving the promotional materials will forward them through normal channels to the Chief of Public Information, Department of the Army (ATTN: OFOI).

(3) The material will be reviewed in accordance with the criteria in § 504.35 (c) (2), cleared with the Department of Defense, and returned to the originator. [33 F.R. 2444, Feb. 1, 1968]

§ 504.35 Clearance procedures.

(a) Applicability. This section sets forth standard procedures for processing informational materials and amplifies instructions contained in the Department of Defense Industrial Security Manual for Safeguarding Classified Information (DoD 5220.22-M). The procedures set forth are applicable to the handling of information relating to equipment, supplies, or services procured by the Army for Army use. They are not applicable to weapons or supplies procured by the Army for use by other

! Government agencies; the release of information concerning such items will be covered by procedures issued by those agencies.

(b) Definitions. (1) The "cognizant purchasing office" for the purpose of this regulation means the Army agency which is the procuring or administrative contracting office, or both, of a particular contract or grant.

(2) "Information materials" means those materials which

(i) Include Army themes or products or refer to equipment, weapons, or supplies in any way which are produced for the Army; and

(ii) Are intended for dissemination to the public in whole or in part by means of news releases, advertisements, pamphlets or brochures, promotional sales literature, exhibits, radio and TV commercials, and material from all other communications media.

(3) An "originator of information materials" means—

(i) A manufacturer or educational institution holding an Army contract or grant; or

(ii) An advertising or public relations agency representing an Army contractor or grantee; or

(iii) A commercial entity which is not an Army contractor, or which does not represent an Army contractor, but which uses or plans to use Army themes or products in information materials.

(c) Procedures. (1) Information materials will be processed as follows:

(i) The originator will submit the materials to the appropriate purchasing office.

(ii) Written materials and still photographs will be submitted in at least five legible copies. This is necessary for record purposes within the Department of Defense and Department of the Army.

(a) Technical papers and presentations will include copies of accompanying illustrations such as viewgraphs, photographs, charts, graphs, and similar material.

(b) Brochures will contain all illustrations.

(c) Advertisements will contain proposed copy and layout.

(d) Motion picture and television film commentary or story outline will be submitted for clearance in advance of recording the sound track.

(e) Photographs and transparencies will be properly captioned.

(iii) After review by the Information Officer serving the cognizant purchasing office, the materials will be forwarded to the Chief of Public Information, Department of the Army, through such channels as may be prescribed by the Commanding General, U.S. Army Materiel Command or other Army agencies which have contractural relationships with industry.

(iv) Office of the Chief of Public Information will coordinate materials within Department of the Army and with the Department of Defense and return materials through channels to the originator.

(2) Informational material will be reviewed in accordnace with the following criteria to insure that it does not

(i) Contain factual inaccuracies; (ii) Contain classified information or material;

(iii) Reflect adversely on Department of the Army;

(iv) State or imply Department of the Army endorsement of a commercial firm, product, or service;

(v) Compare the relative merits of a specific item of materiel with another;

(vi) Contain official Department of Defense specification details or results of acceptance tests.

(3) Installations or commands which perform a review function in connection with information materials will—

(i) Process the materials with the least practical delay and forward them to the next echelon for review, if required;

(ii) Annotate deleted portions to show reasons for deletion;

(iii) Suggest changes in wording, wherever possible, in lieu of deletion; and

(iv) Make deletions or changes only for reasons of security or accuracy; changes recommended for reasons other than security or accuracy may be appended when forwarding the material to the next echelon for review. [33 F.R. 2444, Feb. 1, 1968]

§ 505.3 Statutory requirements.

Nothing in the regulations of this part will be construed to authorize the dissemination, handling or transmission of defense information contrary to the provisions of any statute.

§ 505.4 Application.

(a) The application of the regulations of this part shall be based upon the following fundamental principles:

(1) It is essential that certain official information receive a high degree of protection in order that the ability of the United States to protect itself against all hostile or destructive action be preserved.

(2) It is also essential that the citizens of the United States be informed to the greatest extent consistent with subparagraph (1) of this paragraph concerning the activities of their Government.

(3) Nothing in the regulations of this part shall be deemed to authorize the withholding of information, otherwise releasable, because its release might tend to reveal administrative error or inefficiency, or might be embarrassing.

(b) All personnel must be made aware of the foregoing principles as the basic factors governing military security and be so thoroughly indoctrinated that this awareness is inherent in the routine discharge of their duties. The attainment of the desired objective requires sound direction by those in responsible positions and alert performance of duty by all personnel.

(c) In situations not specifically anticipated by this part or other regulations, basic security principles, common sense, and a logical interpretation of existing regulations should be applied. § 505.5 Scope.

The regulations of this part prescribe requirements concerning:

(a) Rules for determining the proper classification of defense information.

(b) Declassification and downgrading. (c) Dissemination on a need-to-know basis.

(d) Safekeeping and control. § 505.6 Classification categories.

Official information which requires protection in the interests of national defense shall be limited to three categories of classification, which in descending order of importance, shall carry one

Certain significant terms in the regulations of this part are defined as follows:

(a) Defense information. Defense information is that official information which requires protection in the interests of national defense which is not common knowledge, and which would be of intelligence value to an enemy or potential enemy in planning or waging war against the United States or its Allies.

(b) Classified material. Official information which has been classified and marked with one of the categories indicated in § 505.6.

(c) Combat or combat-related operations. Activities, actual or simulated, which relate to military planning, operations, training, communications, intelligence, and logistics.

(d) Compartmentalization. Granting access to defense information only to properly cleared persons who require such information in the performance of their official duties and restricting defense information to specific physical confines when feasible.

(e) Custodian. An individual who has possession or is otherwise charged with the responsibility for safeguarding and accounting for classified material.

(f) Inventory. Procedure employed to verify accountability of Classified material by comparing entries on the register against the document or entry on the record of destruction or a signed receipt.

(g) Document. As used in this part means any recorded information regardless of its physical form or characteristics, and includes but is not limited to the following:

(1) Written material whether handwritten, printed, or typed;

(2) All painted, drawn or engraved material;

(3) All sound or voice recordings; (4) All printed photographs and exposed or printed film, still or moving; and

(5) All reproductions of the foregoing by whatever process.

(h) Derivative classification authority. For the purpose of this part, derivative

classification authority is that authority to classify material as result of, in connection with, or in response to other material dealing with the same subject which already bears a classification.

(i) Restricted Data. All data concerning:

(1) Design, manufacture, or utilization of atomic weapons;

(2) The production of special nuclear material; or

(3) The use of special nuclear material in production of energy, but not to include data declassified or removed from the Restricted Data category which the Atomic Energy Commission determines from time to time, may be published without undue risk to the common defense.

(j) Formerly Restricted Data. Atomic Energy information that has been removed from the Restricted Data category for military use but which cannot be released to any nation or regional defense organizations except as provided under section 142d, Atomic Energy Act of 1954 (68 Stat. 941) as amended (42 U. S. C. 2162(d)) as amended.

(k) Material. As used in this part means any document, product, or substance on or in which information may be recorded or embodied.

(1) Original classification authority. That authority required to classify independently any type of material.

(m) Properly cleared person. A person who has been granted a security clearance under pertinent Army regulations.

§ 505.8 Top Secret Information.

(a) Definition. The use of the classification Top Secret will be limited to defense information or material which requires the highest degree of protection. The Top Secret classification will be applied only to that information or material the defense aspect of which is paramount, and the unauthorized disclosure of which could result in exceptionally grave danger to the Nation, such as:

(1) Leading to a definite break in diplomatic relations affecting the defense of the United States, an armed attack against the United States or its allies, a war, or

(2) The compromise of military or defense plans or intelligence operations, or scientific or technological developments vital to the national defense.

Top Secret ma

(b) Reproduction. terial may be copied, extracted from, or reproduced only when the classifying authority has authorized such actions. At the time of issuance of any document which qualifies for assignment to the Top Secret category, the classifying authority will insure that each copy of the document contains a notation substantially in one of the following forms:

(1) Reproduction of this document in whole or in part is prohibited except with permission of the issuing office or higher authority.

(2) Reproduction of paragraph(s) of this document is prohibited except with the permission of the issuing office, or higher authority; other paragraphs may be reproduced.

§ 505.9 Definition of Secret Information.

The use of the classification Secret will be limited to defense information or material the unauthorized disclosure of which could result in serious damage to the Nation, such as:

(a) Jeopardizing the international relations of the United States.

(b) Endangering the effectiveness of a program or a policy of vital importance to the national defense.

(c) Compromising important military or defense plans, or scientific or technological developments important to national defense.

(d) Revealing important intelligence operations.

§ 505.10 Confidential Information Including Confidential-Modified Handling Authorized.

The

(a) Definition of Confidential. use of the classification Confidential will be limited to defense information and material the unauthorized disclosure of which could be prejudicial to the defense interests of the Nation.

(b) Definition of Confidential-Modified Handling Authorized. Confidential-Modified Handling Authorized is Confidential information pertaining to combat or combat related operations, actual or simulated, wherein the originator considers that, for effective mission accomplishment, lesser security safeguards for storage and transmission are acceptable and afford adequate protection to such information. Examples are: (1) Training, field, and technical manuals and related material.

(2) Photographs, negatives, photostats, diagrams, or models of material.

(5) Certain documents regarding engineering plans and design details, computation, method of processing or assembling which are essential to the functioning or use of an article of material.

(6) Military maps and aerial photographs and related material which require wide dissemination for military purposes.

(7) Information received from international organizations, such as NATO, SEATO, and the Baghdad Pact, or from foreign nations under existing international exchange of information agreements and policies, and classified "Restricted" by them.

(a) Commanders and supervisory officials are responsible, within their areas of jurisdiction, for insuring that the effective control of defense information is maintained at all times. This control includes the initiation of classified material, its dissemination and its safekeeping. Responsibility for safeguarding information classified in the interests of national defense rests both upon the commander and upon the individual who is in a physical position to exercise direct security control.

(b) Private records, diaries, or papers containing statements of fact or opinion, either official or personal, concerning matters which relate to or affect the national security, represent a constant threat to the security of defense information. Military personnel and civilian employees of the Army are prohibited from keeping private records, diaries, or papers which contain such statements. Also prohibited are the collecting of souvenirs, or the obtaining for any personal use whatsoever of any matter classified in the interest of national defense. § 505.12

Dissemination.

(a) The dissemination of defense information will be limited strictly to those properly cleared persons whose official duties require knowledge or possession thereof. No person is entitled to knowledge or possession of defense information solely by virtue of his grade, office, or security clearance. Responsibility for the determination of "need-to-know"