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accountability, control, access, storage, reasonably be expected to cause seritransmission, and marking) and for en ous damage to the national security. suring that such procedures are sys. Examples of serious damage include tematically reviewed; and those which disruption of foreign relations signifiare duplicative or unnecessary are cantly affecting the national security; eliminated.

significant impairment of a program (44 FR 34913, June 18, 1979, as amended at

or policy directly related to the na45 FR 3888, Jan. 21, 1980; 48 FR 5890, Feb.

tional security; revelation of signifi9, 1983; 53 FR 41318, Oct. 21, 1988)

cant military plans or intelligence op

erations; and compromise of signifi8 1203.203 Degree of protection.

cant scientific or technological develp(a) General. Upon determination ments relating to national security. that information or material must be

(3) Confidential. Confidential is the classsified, the degree of protection designation applied to that informacommensurate with the sensitivity of tion or material for which the unauthe information must be determined.

thorized disclosure could reasonably If there is reasonable doubt about the be expected to cause damage to the need to classify information, it shall national security. be safeguarded as if it were classified (44 FR 34913, June 18, 1979, as amended at pending a determination by an origi.

48 FR 5890, Feb. 9, 1983) nal classification authority, who shall make this determination within 30

Subpart C-Classification Principles days. If there is reasonable doubt about the appropriate level of classifi

and Considerations tion, it shall be safeguarded at the 81203.300 General. higher level of classification pending a determination by an original classifica

iginal classifica. In general, the types of NASA-genertion authority, who shall make this ated information and material requirdetermination within 30 days.

ing protection in the interest of na(b) Authorized categories of classifi tional security lie in the areas of apcation. The three categories of classi- plied research, technology or operfication, as authorized and defined in

ations. “the Order,” are set out below. No

8 1203.301 Identification of information other restrictive markings are authorized to be placed on NASA classified

requiring protection. documents or materials except as ex

Classifiers shall identify the level of pressly provided by statute or by classification of each classified portion NASA Directives.

of a document (including subject and (1) Top Secret. Top Secret is the des titles), and those portions that are not ignation applied to information or ma classified. terial the unathorized disclosure of which could reasonably be expected to

8 1203.302 Combination, interrelation or cause exceptionally grave damage to

compilation. the national security. Examples of ex. An interrelationship of individual ceptionally grave damage include items, classified or unclassified, may armed hostilities against the United result in a combined item requiring a States or its allies; disruption of for higher classification than that of any eign relations vitally affecting the na- of the individual items. Compilations tional security; the compromise of of unclassified information are considvital national defense plans or com- ered unclassified unless some additionplex cryptologic and communications al significant factor is added in the intelligence systems; the revelation of process of compilation. For example: sensitive intelligence operations; and (a) The way unclassified information the disclosure of scientific or techno is compiled may be classified; logical developments vital to national (b) The fact that the information is security.

complete for its intended purpose may (2) Secret. Secret is the designation be classified; or applied to information or material the (c) The fact the compilation repreunathorized disclosure of which could sents an official evaluation may be classified. In these cases, the compila. their judgment, requires protection tions would be classified.

under "the Order."

(a) Information which provides the 8 1203.303 Dissemination considerations. United States, in comparison with

The degree of intended dissemina other nations, with a significant sciention, use of the information and tific, engineering, technical, operationwhether the end purpose to be served al, intelligence, strategic, tactical or renders effective security control im- economic advantage related to natic practical are considerations during the al security. classification process. These factors do

(b) Information which, if disclosed, not necessarily preclude classification,

would significantly diminish the techbut must be considered in order not to nological lead of the United States in impose security controls which are im any military system, subsystem or practical to enforce.

component, and would result in

damage to such a system, subsystem § 1203.304 Internal effect.

or component. The effect of security protection on

(c) Scientific or technological inforprogram progess and cost and on other

mation in an area where an advanced functional activities of NASA should

military application that would in be considered. Impeditive effects and

itself be classified is foreseen during added costs inherent in a security clas

exploratory development. sification must be assessed in light of

(d) Information which, if known, the detrimental effects on the nation

would: al security interests which would

(1) Provide a foreign nation with an result from failure to classify.

insight into the defense application or

the war or defense plans or posture of 8 1203.305 Restricted data.

the United States;

(2) Allow a foreign nation to develRestricted Data or Formerly Restricted Data is so classified when

op, improve or refine a similar item of

defense application; originated, as required by the Atomic

(3) Provide a foreign nation with a Energy Act of 1954, as amended. Specific guidance for the classification of

base upon which to develop effective Restricted Data is provided in “Classi

countermeasures;

(4) Weaken or nullify the effectivefication Guides” published by the De

ness of a defense or military plan, oppartment of Energy.

eration, project, weapon system or ac

tivity which is vital to the national seSubpart D-Guides for Original

curity. Classification

(e) Information or material which is

important to the national security of $ 1203.400 Specific classifying guidance.

the United States in relation to other Technological and operational infor- nations when there is sound reason to mation and material, and in some ex- believe that those nations are unaware ceptional cases scientific information that the United States has or is capafalling within any one or more of the ble of obtaining the information or following categories, must be classified material; i.e., through intelligence acif its unauthorized disclosure could tivities, sources, or methods. reasonably be expected to cause (f) Information which if disclosed damage to the national security. In could be exploited in a manner prejucases where it is believed that a con- dicial to the national security posture trary course of action would better of the United States by discrediting its serve the national interests, the technological power, capability or inmatter should be referred to the tentions. Chairperson, NASA Information Secu (g) Information which reveals an unrity Program Committee, for a deter usually significant scientific or technomination. It is not intended that this logical “breakthrough” which there is list be exclusive; original classifiers are sound reason to believe is not known responsible for initially classifying any to or within the state-of-the-art capaother type of information which, in bility of other nations. If the "break

through” supplies the United States $1203.401 Effect of open publication. with an important advantage of a Public disclosure. regardless of technological nature, classification

source or form, of information curalso would be appropriate if the poten

rently classified or being considered tial application of the information, al

for classification does not preclude ini. though not specifically visualized,

tial or continued classification. Howevwould afford the United States a sig

er, such disclosure requires an immedinificant national security advantage in

ate reevaluation to determine whether terms of technological lead time or an

the information has been comproeconomic advantage relating to nation

mised to the extent that downgrading al security.

or declassification is indicated. Similar (h) Information of such nature that

consideration must be given to related an unfriendly government in possession of it would be expected to use it

items of information in all programs,

projects, or items incorporating or perfor purposes prejudicial to U.S. national security and which, if classified,

taining to the compromised items of could not be obtained by an unfriendly

information. In these cases, if a repower without a considerable expendi

lease were made or authorized by an ture of resources.

official Government source, classifica

tion of clearly identified items may no (i) Information which if disclosed to a foreign government would enhance

longer be warranted. Questions as to its military research and development

the propriety of continued classificaprograms to the detriment of U.S. tion should be referred to the Chaircounterpart or competitive programs.

person, NASA Information Security (j) Operational information pertain

Program Committee. ing to the command and control of

8 1203.402 Classifying material other than space vehicles, the possession of which would facilitate malicious interference

documentation. with any U.S. space mission, that Items of equipment or other physimight result in damage to the national cal objects may be classified only security.

where classified information may be (k) Information which if disclosed derived by visual observation of intercould jeopardize the foreign relations nal or external appearance, structure, or activities of the United States; for operation, test, application or use. The example, the premature or unauthor overall classification assigned to equipized release of information relating to ment or objects shall be at least as the subject matter of international ne high as the highest classification of gotiations, foreign government infor any of the items of information which mation or information regarding the may be revealed by the equipment or placement or withdrawal of NASA objects, but may be higher if the clastracking stations on foreign territory. sifying authority determines that the

(1) United States Government pro- sum of classified or unclassified inforgrams for safeguarding nuclear mate mation warrants such higher classifirials or facilities.

cation. In every instance where classi(m) Other categories of information fication of an item of equipment or which are related to national security object is determined to be warranted, and which require protection against such determination must be based on unauthorized disclosure as may be de a finding that there is at least one termined by the Administrator. The

aspect of the item or object which reChairperson, NASA Information Secu

quires protection. If mere knowledge rity Program Committee, will prompt of the existence of the equipment or ly inform the Director, Information object would compromise or nullify Security Oversight Office, General the reason or justification for its clasServices Administration (GSA) of such sification, the fact of its existence determinations.

should be classified. (44 FR 34913, June 18, 1979, as amended at 48 FR 5890, Feb. 9, 1983)

8 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

wn 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 fac8 1203.404 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 addi. ceived 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 to resort to security classification to be reasonably uniform within the Govprevent premature release. However, if ernment. at any time during the processing of (b) Applicability of classification diraw data it becomes apparent that the rectives of other Government agencies. results require protection under the

It is necessary to determine whether criteria set forth in this Subpart D, it

authoritative classification guidance is the responsibility of the cognizant

exists elsewhere for the information NASA office to obtain the appropriate

under consideration which would security classification.

make it necessary to assign a higher

classification than that indicated by 8 1203.405 Proprietary information.

the applicable NASA guidance. GenerProprietary information made avail.

ally, the classification by NASA able to NASA is subject to examina should not be higher than that of tion for classification purposes under

equivalent information in other dethe criteria set forth in this Subpart

partments or agencies of the GovernD. Where the information is in the

ment. form of a proposal and accepted by NASA for support, it should be catego- 8 1203.407 Duration of classification. rized in accordance with the criteria of

(a) Information shall be classified as $ 1203.400. If NASA does not support

long as required by national security the proposal but believes that security

considerations. When it can be deterclassification would be appropriate

mined, a specific date or event for deunder the criteria of $ 1203.400 if it were under Government jurisdiction,

classification shall be set by the origithe contractor should be advised of

nal classification authority at the time the reasons why safeguarding would

the information is originally classified.

(b) Information classified under be appropriate, unless security considerations preclude release of the expla

predecessor orders and marked for denation to the contractor. NASA should

classification review shall remain clasidentify the Government department,

sified until reviewed for declassificaagency or activity whose national se

tion under the provisions of the "the curity interests might be involved and

Order." the contractor should be instructed to [48 FR 5890, Feb. 9, 1983)

8 1203.408 Assistance by installation secu. 81203.410 Limitations. rity classification officers.

(a) Classification may not be used to Installation Security Classification conceal violations of law, inefficiency Officers, as the installation point-of of administrative error; to prevent emcontact, will assist installation person. barrassment to a person, organization nel in:

or agency; or to restrain competition. (a) Interpreting security classifica (b) Basic scientific research information guides and classification assign

tion not clearly related to the national ments for the installation.

security may not be classified. (b) Answering questions and consid

(c) A product of non-government reering suggestions concerning security

search and development that does not classification matters.

incorporate or reveal classified infor(c) Ensuring a continuing review of

mation to which the producer or de

veloper was given prior access may not classified information for the purpose

be classified under this Part 1203 until of declassifying or downgrading in ac

and unless the Government acquires a cordance with Subpart E of this part.

proprietary interest in the product. (d) Reviewing and approving, as the

This part does not affect the provirepresentative of the contracting offi

sions of the Patent Secrecy Act of cer, the DD Form 254, Contract Secu

1952 (35 U.S.C. 181-188). rity Classification Specification, issued

(d) References to classified docuto contractors by the installation.

ments that do not disclose classified 8 1203.409 Exceptional cases.

information may not be classified or

used as a basis for classification. (a) In those cases where a person not (e) Classification may not be used to authorized to classify information or limit dissemination of information ginates or develops information which that is not classifiable under the proviis believed to require classification, sions of this part or to prevent or that person should safeguard the ma. delay the public release of such inforterial as though it were classified until mation. it has been evaluated and a decision (f) Information may be classified or made by an appropriate classifying au reclassified after receipt of a request thority. For NASA employees the clas for it under the Freedom of Informasifying authority is normally the In tion Act (5 U.S.C. 552) or the Privacy stallation Security Classification Offi- Act of 1974 (5 U.S.C. 552a), or the cer. Persons other than NASA employ mandatory review provisions of “the ees should forward, under appropriate Order” if such classification meets the safeguards, material in which NASA requirements of "the Order" and is achas primary interest to the NASA In complished personally on a documentformation Security Program Commit- by-document basis by an official with tee, Security Division, Washington, original Top Secret classification auDC 20546 for a classification determi. thority. nation.

(g) The Administrator, the Chairper(b) Information in which NASA does son, NASA Information Security Pronot have primary interest shall be re gram Committee, or an official with turned promptly, under appropriate

original Top Secret classification ausafeguards, to the sender in accord

thority may reclassify information ance with $ 1203.405.

previously declassified and disclosed if (c) Material received from another

it is determined in writing that (1) The agency for a NASA security classifica

information requires protection in the tion determination shall be processed

interest of national security; and (2) within 30 days. If a classification

the information may reasonably be recannot be determined during that

covered. These reclassification actions period, the material shall be sent,

shall be reported promptly to the Diunder appropriate safeguards, to the

rector of the Information Security Director, Information Security Over

Oversight Office, GSA. sight Office, GSA, for a determina (44 FR 34913, June 18, 1979, as amended at tion.

48 FR 5890, Feb. 9, 1983)

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