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sonably be expected to cause a degree of damage to the national security. In cases where it is believed that a contrary course of action would better serve the interests of national security, the matter should be referred to the chairman of the NASA Security Classification Program Committee for a determination. It is not intended that this list be exclusive; classifiers are responsible for initially classifying any other type of information which, in their judgment, requires protection within the classification categories of Executive Order 11652:

(a) Information which provides the United States, in comparison with other nations, with a significant scientific, engineering, technical, operational, intelligence, strategic, or tactical advantage related to national security.

(b) Information the disclosure of which would significantly diminish the technological lead of the United States in any military system, subsystem, or component thereof.

(c) Scientific or technological information in an area where an advanced military application that would in itself be classified is foreseen during exploratory development.

(d) Information the knowledge of which there is sound reason to believe would:

(1) Provide a foreign nation with an insight into the defense application or the war or defense plans or posture of the United States.

(2) Allow a foreign nation to develop, improve, or refine a similar item of defense application;

(3) Provide a foreign nation with a base upon which to develop effective countermeasures;

(4) Weaken or nullify the effectiveness of a defense or military plan, operation, project, or activity which is vital to the national security.

(e) Information or material which is important to the national security of the United States vis-a-vis other nations when there is sound reason to believe that those nations are unaware that the United States has or is capable of obtaining the information or material.

(f) Information the disclosure of which could be exploited in a manner prejudicial to the national security posture of the United States by discrediting its technological power, capability, or intentions.

(g) Information which reveals an unusually significant scientific or techno

logical "breakthrough" which there is sound reason to believe is not known to or within the state-of-the-art capability of other nations, if the "breakthrough” supplies the United States with an important advantage of a technological nature; classification also would be appropriate if the potential application of the information, although not specifically visualized would afford the United States a significant advantage in terms of technological lead time.

(h) Information of such nature that an unfriendly government in possession of it would be expected to use it for purposes prejudicial to U.S. national security and which, if classified, could not be obtained by an unfriendly power without a considerable expenditure of resources.

(i) Information the disclosure of which to a foreign government would enhance its military research and development programs to the detriment of U.S. counterpart or competitive programs.

(j) Operational information pertaining to the command and control of space vehicles the possession of which would facilitate malicious interference with U.S. space missions, that might result in damage to the national security.

(k) Information and material resulting from a classified project undertaken at the specific request of another government agency; such information and material will be given the same security classification as that assigned to the project by the requesting agency.

(1) Information the disclosure of which could jeopardize the foreign relations of the United States; for example, the premature release of information relating to the subject matter of international negotiations, or information regarding the placement or withdrawal of NASA tracking stations on foreign territory.

§ 1203.401 Effect of open publication.

Public disclosure, regardless of source or form, of information currently classified or being considered for classification does not preclude initial or continued classification. However, such disclosure requires an immediate reevaluation to determine whether the information has been compromised to the extent that downgrading or declassification is indicated. Similar considerations must be given to related items of information in all programs, projects, or items incorporating or pertaining to the compro

mised items of information. In these cases, if a release were made or authorized by an official government source, classification of clearly identified items may no longer be warranted. Questions as to the propriety of continued classification should be referred to the Chairman, NASA Security Classification Program Committee. Official confirmation of compromised information without a formal declassification by a proper authority is a violation of security.

§ 1203.402 Classifying material other than documentation.

Items of equipment or other physical objects may be classified only where classified information may be derived from them by visual observation of internal or external appearance, structure, operation, test, application, or use. The overall classification assigned to equipment or other physical 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 other physical 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 item of equipment or physical object would compromise or nullify the reason or justification for its classification, the fact of its existence should be classified. § 1203.403

gence.

State-of-the-art and intelli

A logical approach to classification requires consideration of the extent to which the same or similar information 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-theart 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 apply the appropriate security classification.

§ 1203.405 Proprietary information.

Proprietary information is protected from unauthorized publication by statute. However, proprietary information made available to NASA is subject to examination for classification purposes under the criteria set forth in this subpart. 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 compromised. 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, but that, if the information were NASA information, it would be classified at a stated level.

§ 1203.406 Additional classification fac

tors.

In making the determination as to the appropriate classification category, the following additional factors should be taken into account:

(a) Practicability. The feasibility of effectively protecting the information in the environment in which it has been or is to be developed and used should be weighed in determining the degree of protection that will be practicable.

(b) 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.

(c) 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. In general, the classification by NASA should not be higher than that of equivalent information in other departments or agencies of the Government.

§ 1203.407 Follow-on actions.

Upon making the determination to classify, the following actions should be taken as practicable:

(a) Applicability of predetermined downgrading or declassification. At the time of classification, select and indicate the earliest dates or events when the classified information may be downgraded or declassified.

(b) Technological lead time. In cases where information is classified to maintain a technological lead, indicate the earliest time or event in the program when it may be downgraded or declassified.

(c) Periodical reviews. Ensure that the information or material classified will be periodically reviewed for downgrading or declassification.

§ 1203.408

Assistance by installation security classification officers. Installation security classification officers, as the installation point-of-contact, will assist installation personnel in: (a) Interpreting security classification guides and classification assignments for his 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 his installation.

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In those cases where a person not authorized to classify information originates or develops information which is believed to require classification, he should safeguard that material as though it was 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 material in which NASA has primary interest to the NASA Security Classifiction Program Committee, Code DHZ, Washington, D.C. 20546.

Subpart E-Declassification and
Downgrading
General.

§ 1203.500

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Unless declassified earlier, the following schedule will be followed:

(a) Top Secret. Information or material originally classified "Top Secret" shall become automatically downgraded to "Secret" at the end of the second full calendar year following the year in which it was originated, downgraded to "Confidential" at the end of the fourth full calendar year following the year in which it was originated, and declassified at the end of the 10th full calendar year following the year in which it was originated.

(b) Secret. Information or material originally classified "Secret" shall become automatically downgraded to "Confidential" at the end of the second full calendar year following the year in which it was originated, and declassified at the end of the eighth full calendar year following the year in which it was originated.

(c) Confidential. Information or material originally classified "Confidential” shall become automatically declassified at the end of the sixth full calendar year following the year in which it was originated.

§ 1203.502 Exemptions from general

declassification schedule.

(a) Certain classified information or material may warrant some degree of protection for a period exceeding that provided in the general declassification schedule. Officials authorized to originally classify NASA information or material "Top Secret" (see Subpart F of this part) may exempt from the general declassification schedule any level of classified information or material if it falls within one of the categories described in paragraph (b) of this section. Unless exemption guidance is provided in a security classification guide, issued by the chairman of the Security Classification Program Committee, covering a specific mission or project, all requests for the exemption of classified information from the general declassification schedule shall be directed to the chairman for approval.

(b) The authority for an exemption shall be specified in writing on the material, the exemption category being claimed, and unless impossible, a date or event for automatic declassification. The use of the exemption authority shall be kept to the absolute minimum consistent with national security requirements and shall be restricted to the following categories:

(1) Classified information or material furnished by foreign governments or international organizations and held by the United States on the understanding that it be kept in confidence.

(2) Classified information or material specifically covered by statute, or pertaining to cryptography, or disclosing intelligence sources or methods.

(3) Classified information or material disclosing a system, plan, installation, project, or specific foreign relations matter the continuing protection of which is essential to the national security.

(4) Classified information or material the disclosure of which would place a person in immediate jeopardy.

§ 1203.503 Mandatory review of exempted material.

(a) All classified information and material originated by NASA after June 1, 1972, which is exempted from the General Declassification Schedule shall be subject to a classification review at any time after the expiration of 10 years from the date of origin provided:

(1) A Department or member of the public requests a review;

(2) The request describes the record with sufficient particularity to enable NASA to identify it; and

(3) The record can be obtained with only a reasonable amount of effort.

(b) Information or material which no longer qualifies for exemption shall be declassified. Information or material continuing to qualify for exemption shall be so marked and, unless impossible, a date for automatic declassification shall be set.

§ 1203.504 Previously classified material.

Information or material classified before June 1, 1972, and which is assigned to Group 4 under Executive Order 10501, as amended by Executive Order 10964, shall be subject to the General Declassification Schedule. All other information or material classified before June 1, 1972, whether or not assigned to Groups 1, 2, or 3 of Executive Order 10501, as amended, shall be excluded from the General Declassification Schedule. However, at any time after the expiration of 10 years from the date of origin it shall be subject to a mandatory classification review and disposition under the same conditions and criteria that apply to classified information and material created after June 1, 1972, as set forth in §§ 1203.502 and 1203.503. § 1203.505

years.

Declassification-after

30

All classified information or material which is 30 years old or more, whether originating before or after June 1, 1972, shall be declassified under the following conditions:

(a) All information and material classified after June 1, 1972, shall, whether or not declassification has been requested, become automatically declassified at the end of 30 full calendar years after the date of its original classification except for such specifically identified information or material which the Administrator personally determines in writing at that time to require continued protection because such continued protection is essential to the national security or disclosure would place a person in immediate jeopardy. In such case, the Administrator shall also specify the period of continued classification.

(b) All information and material classified before June 1, 1972, and more than 30 years old shall be systematically reviewed for declassification by the Archi

vist of the United States by the end of the 30th full calendar year following the year in which it was originated. In his review, the Archivist will separate and keep protected only such information or material as is specifically identified by the Administrator in accordance with paragraph (a) of this section. In such case, the Administrator shall also specify the period of continued classification. § 1203.506 Restricted data.

Material designated as Restricted Data and Formerly Restricted Data shall be downgraded and declassified in conformity with the provisions of the Atomic Energy Act of 1954, as amended, and the regulations of the Atomic Energy Commission.

§ 1203.507 Request for

review.

classification

Request for review of material existing under and in accordance with the conditions described in § 1203.502, § 1203. 503, § 1203.504, or § 1203.505 should be addressed to the NASA Security Classification Officer, Code DHZ, Washington, D.C. 20546. The request will be acknowledged in writing and the requestor will be advised of any service fee to charged pursuant to law. Further, the requestor will be advised, within 30 days of the classification determination, including appeal right to the NASA Security Classification Program Committee, if the material must remain classified. If the material no longer warrants classification, it shall be declassified and made promptly available to the requestor, if not otherwise exempt from disclosure under section 552(b) of title 5 U.S.C. (Freedom of Information Act) or other provision of law.

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material publicly available if, after consideration under § 1203.501, § 1203.502, § 1203.503, or § 1203.504, it is declassified.

(b) Whenever possible, without destroying the integrity of the files, such information and material should be set aside for public release on request. Subpart F-Delegations of Authority To Make Determinations in Security Classification Matters § 1203.600 Delegation.

(a) The NASA officials listed in paragraph (c) of this section are authorized to make, modify, or eliminate security classification assignments to information under their jurisdiction for which NASA has original classification authority. Such actions shall be in accordance with applicable criteria, guidelines, laws, and regulations and shall be subject to any contrary determination that has been made by the Chairman of the NASA Security Classification Program Committee or by any other NASA official authorized to make such a determination.

(b) The NASA officials listed in paragraph (c)(1) of this section are authorized to exempt from the General Declassification Schedule any level of classified information eligible under the provisions set forth in § 1203.502.

(c) Designated officials:

(1) Top Secret classification authority, (i) Administrator, (ii) Deputy Administrator, (iii) Executive Officer, (iv) Chairman, Security Classification Program Committee.

(2) Secret and Confidential classification authority. (1) Officials listed in subparagraph (1) of this paragraph, (ii) Associate Administrator, (iii) Associate Deputy Administrator, (iv) Deputy Associate Administrator, (v) General Counsel. (vi) Associate Administrators for: (a) Aeronautics and Space Technology, (b) Manned Space Flight, (c) Space Science, (d) Applications, (e) Tracking and Data Acquisition, (f) Organization and Management. (vii) Assistant Administrators for: (a) DOD and Interagency Affairs, (b) International Affairs. (viii) Director, Headquarters Administration, (ix) Director, NASA Pasadena Office, (x) Manager, Space Nuclear Systems Office (Germantown, Md.), (xi) Field Installation Directors, (xii) NASA Security Classification Manager, (xiii) Installation Security Classification Officers, (xiv) Director of Security, NASA Headquarters, (xV) Heads of Other Component Installations,

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