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NASA contracting officers pursuant to the Disputes Clause of NASA contracts.

(2) The charter of the Board is set forth in Subpart 1 of Part 1209 of this chapter. The Board's rules of procedure are set forth in 14 CFR Part 1241.

(3) The texts of decisions of the Board are published by Commerce Clearing House, Inc., in Board of Contract Appeals Decisions, and are hereby incorporated by reference. All decisions and orders are available for inspection and for purchase from the Recorder of the Board at NASA Headquarters, Washington, D.C. Decisions and orders issued after July 4, 1967, are available for inspection and for purchase at NASA information centers. An Index/Digest of Decisions is issued periodically with supplements published annually. These are available for inspection or purchase at the Office of the Chairman of the Board of Contract Appeals.

(b) Contract Adjustment Board. (1) The function of the Board is to consider and dispose of requests by NASA contractors for extraordinary contractual adjustments pursuant to Public Law 85804 (50 U.S.C. 1431-35) and Executive Order 10789 dated November 14, 1958 (23 F.R. 8897).

(2) The charter of the Board is set forth at Subpart 3 of Part 1209 of this chapter. The Board's rules of procedure are set forth at 41 CFR Part 18-17.

(3) The texts of decisions of the Board are available for inspection and for purchase from the Chairman of the Board, National Aeronautics and Space Administration, Washington, D.C. 20546.

(c) Inventions and Contributions Board. (1) The function of the Board is to consider and recommend to the Administrator the action to be taken with respect to: (1) Requests for waiver of rights to any invention or class of inventions made during the performance of NASA contracts, and (ii) applications for award for scientific and technical contributions determined to have significant value in the conduct of aeronautical and space activities pursuant to the National Aeronautics and Space Act, as amended (42 U.S.C. 2457(f), 2458), and the Government Employees Incentive Awards Act (5 U.S.C. 2121-23), respectively.

(2) The charter of the Board is set forth at Subpart 4 of Part 1209 of this chapter. The Board's rules of procedure are set forth at 14 CFR Parts 1209 and 1240.

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(a) The Office of Procurement, headed by the Director of Procurement, serves as a central point of control and contact for NASA procurements. Although the procurements may be made by the field installations, selected contracts and contracts of special types are required to be approved by the Director of Procurement prior to their execution. The Office of Procurement is also responsible for formulation of NASA procurement policies and provides overall assistance and guidance to NASA field installations to achieve uniformity in NASA procurement processes.

(b) The NASA procurement program is carried out principally at the NASA field installations listed in the "U.S. Government Organization Manual." The Headquarters Contracts Division is responsible for contracts with foreign governments and foreign commercial organizations, and the procurement of materials and services required by headquarters offices except for minor office supplies and services procured locally.

(c) All procurements are made in accordance with the NASA Procurement Regulations (41 CFR Ch. 18). With minor exceptions, every proposed procurement in excess of $10,000 is publicized promptly in the Commerce Business Daily "Synopsis of U.S. Government Proposed Procurement, Sales and Contract Awards." Copies of this publication are available from the U.S. Department of Commerce on an annual subscription basis.

§ 1201.401 Special Document Depositories.

NASA deposits its technical documents and bibliographic tools in 10 special regional libraries located in the organizations listed below. Each library is prepared to furnish the public such services reference assistance, interlibrary

as

loans, photocopy service, and assistance in obtaining copies of NASA documents for retention.

California: University of California Library, Berkeley.

Colorado: University of Colorado Libraries, Boulder.

District of Columbia: Library of Congress. Georgia: Georgia Institute of Technology, Atlanta.

Illinois: The John Crerar Library, Chicago. Massachusetts: Massachusetts Institute of Technology, Cambridge.

Missouri: Linda Hall Library, Kansas City. New York: Columbia University, New York. Pennsylvania: Carnegie Library of Pittsburgh.

Washington: University of Washington Library, Seattle.

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1203.703 Ad Hoc Committees. 1203.704 Meetings.

AUTHORITY: The provisions of this Part 1203 are issued under Executive Order 11652, March 9, 1972 (37 F.R. 5209, March 10, 1972), the National Security Council Directive of May 17, 1972 (37 F.R. 10053, May 19, 1972); and section 304(a), National Aeronautics and Space Act of 1958, as amended (42 U.S.C. 2455).

SOURCE: The provisions of this Part 1203 appear at 37 F.R. 22855, Oct. 26, 1972, unless otherwise noted.

Subpart A-Applicability and
References

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The provisions of this Part 1203 are applicable to all NASA installations for purposes of making security classifications, and downgrading and declassifying national security information and material.

§ 1203.101 References.

(a) Executive Order 11652, "Classification and Declassification of National Security Information and Material," dated March 8, 1972.

(b) NASA Handbook, NHB 1640.4B, "NASA Security Classification Program," effective June 1, 1972.

(c) NASA Management Delegation, NMD/A 1640.7A, "Power and Authority— To Make Determinations in Security Classification Matters," effective June 1,

1972.

(d) NASA Management Instruction, NMI 1152.19B, "NASA Security Classification Program Committee," effective June 1, 1972.

(e) NASA Handbook, NHB 1620.3, "NASA Physical Security Handbook."

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(a) To insure that information is classified and protected only when a sound basis exists for such classification and only for such period as is necessary in the interest of national security; and

(b) To downgrade or declassify information when circumstances necessitate the original classification change or the requirement for such classification no longer exists.

(c) In interpreting and applying the guidance contained in Executive Order 11652, and this part, NASA officials must act in harmony with the work of other agencies in the executive branch of the Government. A positive and continuing obligation exists to insure specifically that any disclosure of information generated by or on behalf of NASA is consonant with the intent of Executive Order 11652.

(d) Certain of NASA's activities may produce scientific, technological, or operational information or material having a direct bearing on national security. Executive Order 11652 establishes a positive responsibility for the timely identification and protection of that NASA information the disclosure of which would be contrary to the best interest of national security. Accordingly, the determination in each case must be based on a judgment as to whether disclosure of the information could reasonably be expected to result in damage to the security interests of the United States.

§ 1203.201 Security classification objectives.

The objectives of the NASA Security Classification Program are to:

(a) Insure that information is classifiled and protected only when a sound basis exists for such classification and only for such period as is necessary.

(b) Prevent the unwarranted classification and the overclassification of NASA information.

(c) Insure the greatest practicable uniformity within NASA in the classification of information.

(d) Insure effective coordination and reasonable uniformity with other Government departments and agencies, par

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(a) The Assistant Administrator for DOD and Interagency Affairs in his capacity as Special Assistant to the Administrator is designated to:

(1) Manage and direct the NASA Security Classification Program in accordance with NASA policies and objectives and applicable laws and regulations, and

(2) Serve as chairman of the NASA Security Classification Program Committee and is responsible for:

(i) Insuring effective compliance with and implementation of Executive Order 11652 and the NSC Directive of May 17, 1972, relating to security classification matters.

(ii) Approving procedures, guidelines, standards, and other documentation necessary for the conduct of the NASA Security Classification Program.

(iii) Reviewing in consultation with the NASA Security Classification Program Committee questions, suggestions, and complaints concerning the NASA Security Classification Program and making determinations concerning them. (iv) Coordinating NASA security classification matters with NASA installations, the Department of Defense, the Atomic Energy Commission, and other Government agencies.

Classification

(v) Issuing Security Guides for NASA programs and projects. (vi) Reviewing all appeals of requests for records under section 552 of title 5 U.S.C. (Freedom of Information Act) when the proposed denial is based on their continued classification.

(vii) Recommending to the Administrator appropriate administrative action to correct abuse or violations of any provision of this part, including notifications by warning letter, formal reprimand, and to the extent permitted by law, suspension without pay and removal.

(viii) Establishing a data index system in accordance with section VII of the NSC Directive of May 17, 1972.

(b) All NASA officials and employees are responsible for bringing to the attention of the Chairman of the NASA Security Classification Program Committee (see Subpart G of this part) any security classification problems in need of resolution, any areas of interest wherein security classification guidance is lacking and is needed, and any other matters of substance likely to impede achievement of the objectives prescribed in this part.

(c) Each NASA official to whom the authority for original classification is delegated shall be accountable for the propriety of the classifications attributed to him (see Subpart F of this part) and is responsible for:

(1) Insuring that his classification determinations are consistent with the policy and objectives prescribed above, and with other applicable guidelines.

(2) Bringing to the attention of the Chairman of the NASA Security Classification Program Committee, for resolution, his disagreement with classification determinations made by other NASA officials.

(3) Insuring that information and material under his cognizance which no longer requires its present level of protection in the interest of national security is promptly downgraded or declassified in accordance with applicable guidelines.

(d) Other Officials-in-Charge of Headquarters Offices are responsible for:

(1) Insuring that information or material prepared within their respective offices is marked in a manner consistent with security classification assignments.

(2) Insuring that material proposed for public release, prepared within their offices or referred to their respective offices for review, is reviewed to eliminate classified information.

(e) Directors of Field Installations and, for Headquarters, the Director of Headquarters Administration, are responsible for:

(1) Initiating proposed Security Classification Guides corresponding to the missions and project assignments of their installations.

(2) Insuring that material prepared in their respective installations is marked in a manner consistent with classification assignments.

(3) Insuring that material prepared within the installations for public release is properly reviewed to eliminate classified information.

(4) Designating Security Classification Officers in their respective installations, to whom the responsibilities listed in subparagraphs (1), (2), and (3) of this paragraph may be reassigned.

(f) The Chief, Security Classification Management and Industrial Security Branch, Security Division, NASA Headquarters, who serves as a member and Executive Secretary of the NASA Security Classification Program Committee is the primary point of contact for the coordination of security classification matters.

(g) The Director of Security is responsible for establishing procedures for the safeguarding classified information or material (e.g., accountability, control, access, storage, transmission, marking, etc.). These procedures are contained in NASA Handbook 1620.3.

§ 1203.203 Degree of protection.

(a) General. If it is decided that certain information or material must be classified to protect the national security, then the next step is to determine the degree of protection (security classification) against unauthorized disclosure commensurate with the sensitivity of the information. The lowest category of classification necessary to provide the appropriate degree of protection should be assigned. If the classifier has any substantial doubts as to which security classification category is appropriate, or as to whether the material should be classified at all, he should designate the less restrictive treatment.

(b) Authorized categories of classification. The three categories of classification, in descending order of importance, as authorized and defined in Executive Order 11652, are "Top Secret," "Secret," and "Confidential." No other restrictive markings are authorized to be placed on NASA documents or materials except as expressly provided by statute or by NASA Issuances.

Subpart C-Classification Principles and Considerations

§ 1203.300 General.

(a) In general, the types of NASAgenerated information and material required to be protected in the interest of national security lie in the areas of applied research and technology and operations. Ordinarily, basic scientific research or the results thereof (i.e., the

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phenomena of nature) will not be classified.

(b) Information and material generated in the NASA program which requires protection in the interest of national security shall be classified in one of the three categories authorized in § 1203.203(b).

(c) Within the provisions of the category definitions, each security classification decision shall be based primarily on a judgment as to the importance or significance of the item of scientific, technical, or operational information or material to national security interests and the damage to those interests if unauthorized disclosure were to occur. § 1203.301 Reason for classification.

Having determined that certain information requires protection, the related document or other material is classified either:

(a) Because of the information which may be acquired by study, analysis, observation, or use of it; or

(b) Because of the information it may reveal when associated with other information, including that which the classifier knows has already been made available to the public.

§ 1203.302

Identification of information requiring protection. Classification determinations must be preceded by an exact identification of each item of information or material which may require security protection in the interest of national security. This process involves identification of that specific information which, if compromised, could reasonably be expected to cause damage to the national security. § 1203.303 Combination, interrelation, or compilation.

An interrelationship of individual items, classified or unclassified, within a program or project or in different programs or projects may result in a combined item requiring a higher classification than that of any of the individual items. Compilations of unclassified information are considered unclassified unless some additional significant factor is added in the process of compilation. For example: (a) The way unclassified information is compiled may be classified; (b) the fact that the information is complete for its intended purpose may be classified; or (c) the fact the compilation represents an official evaluation may be

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(a) The degree of intended or anticipated dissemination, use of the information, and whether the end purpose to be served renders effective security control impractical are factors which must be considered. These factors do not necessarily preclude classification, but they do force consideration of the extent to which classification under such circumstances may degrade the classification system by attempting to impose security controls which are impractical to enforce. Determinations significantly dependent upon these factors shall not be made below the level of authority of the official having original classification authority over the particular plan, program, project, or item.

(b) An intended limited dissemination of the item through administrative procedures, were it to remain unclassified, should not be a factor in the judgment as to whether the item requires classification.

§ 1203.305 Internal effect.

The effect of the degree of protection on the progress and cost of the program involved and on other functional activities of NASA should be considered. Impeditive effects and added costs inherent in a security classification must be assessed in light of the detrimental effects on the national security interests which would result from failure to classify.

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Information which meets the definition of restricted data or formerly restricted data is so classified when originated, as required by the Atomic Energy Act of 1954, as amended. Specific guidance for the classification of restricted data is provided in "Classification Guides" published by the Atomic Energy Commission.

Subpart D-Classification Guidelines § 1203.400 Specific classifying guidelines.

Technological and operational information and material, and in some exceptional cases scientific information, falling within any one or more of the following categories should be classified if its unauthorized disclosure could rea9

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