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8 1203.411 Restrictions.

approved by the Chairperson, NASA (a) Except as provided by directives

Information Security Program Comissued by the President through the

mittee, whose office will maintain a National Security Council, classified

list of all classification guides in curinformation originating in one agency

rent use. may not be disseminated outside any

(b) Review of classification guides. other agency to which it has been

Classification guides shall be reviewed made available without the consent of

by the originator for currency and acthe originating agency. For purposes

curacy not less than once every two of this section, the Department of De years. Changes shall be in strict confense shall be considered one agency.

formance with the provisions of this (b) Classified information shall not

Part 1203 and shall be issued promptbe disseminated outside the Executive

ly. If no changes are made, the origiBranch except under conditions that

nator shall so annotate the record ensure the information will be given

copy and show the date of the review. protection equivalent to that afforded

(44 FR 34913, June 18, 1979, as amended at within the Executive Branch.

48 FR 5891, Feb. 9, 1983) (48 FR 5890, Feb. 9, 1983)

Subpart E-Derivative Classification 8 1203.412 Classification guides. (a) General. A classification guide,

81203.500 Use of derivative classification. based upon classification determina. The application of derivative classifitions made by appropriate program cation markings is a responsibility of and classification authorities, shall be those who incorporate, paraphrase, reissued for each classified system, pro- state, or generate in new form inforgram or project. Classification guides mation that is already classified, and shall:

of those who apply markings in ac(1) Identify the information ele- cordance with instructions from an au. ments to be protected, using categori- thorized original classifier or in aczation and subcategorization to the cordance with an authorized classificaextent necessary to ensure that the in- tion guide. If a person who applied deformation involved can be readily and rivative classification markings beuniformly identified.

lieves that the paraphrasing, restating, (2) State which of the classification or summarizing of classified informadesignations (i.e., Top Secret, Secret tion has changed the level of or reor Confidential) apply to the identi- moved the basis for classification, that fied information elements.

person must consult for a determina(3) State the duration of each speci- tion with an appropriate official of the fied classification in terms of a period originating agency or office of origin of time or future event. Whenever a who has the authority to upgrade, specific time or future event for de- downgrade, or declassify the informaclassification cannot be predeter tion. mined, the following notation will be used: DECLASSIFY ON: Originating

[48 FR 5891, Feb. 9, 1983) Agency's Determination Required or

$1203.501 Applying derivative classifica“OADR.”

tion markings. (4) Indicate specifically that the designations, time limits, markings and Persons who apply derivative classiother requirements of “the Order” are fication markings shall: to be applied to information classified (a) Observe and respect original claspursuant to the guide.

sification decisions: (5) Be approved personally and in (b) Verify the information's current writing by an official with original level of classification so far as practiTop Secret classification authority; cable before applying the markings; the identity of the official will be and shown on the guide. Such approval (c) Carry forward to newly created constitutes an original classification documents any assigned authorized decision. Normally, all guides will be markings. The declassification date or

event that provides the longest period ices Administration pursuant to 44 of classification shall be used for docu. U.S.C. 2107 or 2107 note, shall be rements classified on the basis of multi- viewed for declassification as it beple sources.

comes 30 years old. (44 FR 34913, June 18, 1979, as amended at

(2) Systematic review for declassifi48 FR 5891, Feb. 9, 1983)

cation of classified cryptologic information will be coordinated through

the National Security Agency. Subpart 7-Declassification and

(3) Systematic review for declassifiDowngrading

cation of classified information per

taining to intelligence activities (in81203.600 Policy.

cluding special activities) or intelliInformation shall be declassified or gence sources or methods will be codowngraded as soon as national securi

ordinated through the Central Intellity considerations permit. NASA re

gence Agency views of classified information shall be (4) The Chairperson, NASA Inforcoordinated with other agencies that mation Security Program Committee, have a direct interest in the subject shall designate experienced personnel matter. Information that continues to to assist the Archivist of the United meet the classification requirements States in the systematic review of 30prescribed by $1203.400 despite the year old U.S. originated information passage of time will continue to be and 30-year old foreign information. protected in accordance with “the

Such personnel shall:

Such personnel chali. Order."

(i) Provide guidance and assistance (48 FR 5891, Feb. 9, 1983)

to National Archives and Records

Service employees in identifying and 8 1203.601 Responsibilities.

separating documents and specific catOfficials authorized original classifi

egories of information within docucation authority may declassify or

ments which are deemed to require downgrade information that is subject

continued classification; and to the final classification jurisdiction

(ii) Develop reports of information of NASA and shall take such action in

or document categories so separated, accordance with the provisions of this

with recommendations concerning Subpart F.

continued classification.

(b) Systematic review guidelines. 81203.602 Authorization.

The Chairperson, NASA Information Information shall be declassified or

Security Program Committee, shall downgraded by the official who au

develop, in coordination with NASA thorized the original classification, if

organizational elements, guidelines for that official is still serving in the same

the systematic review for declassifica

tion of 30-year old classified informaposition, the originator's successor, a

tion under NASA's jurisdiction. (See supervisory official of either, or offi.

Subpart G of this part, Foreign Gov. cials delegated such authority in writing by the Administrator or the Chair

ernment Information.) The guidelines

shall state specific limited categories person, NASA Information Security

of information which, because of their Program Committee.

national security sensitivity, should (48 FR 5891, Feb. 9, 1983)

not be declassified automatically but

should be reviewed item-by-item to de8 1203.603 Systematic review for declassi.

termine whether continued protection fication.

beyond 30 years is needed. These (a) General. (1) Except for foreign guidelines are authorized for use by government information as provided the Archivist of the United States and, in Subpart G of this part, classified in with the approval of the Administraformation constituting permanently tor, by an agency having custody of valuable records of the government as the information covered by the guide. defined by 44 U.S.C. 2103, and infor- lines. All information, except foreign mation in the possession and control government information, cryptologic of the Administrator of General Serv- information, and information pertaining to intelligence sources or methods, listed by category by the responsible not identified in these guidelines as re- custodian and referred to the Chairquiring review and for which a prior person, NASA Information Security automatic declassification date has not Program Committee. This listing shall: been established shall be declassified (A) Identify the information or maautomatically at the end of 30 years terial involved. from the date of original classification. (B) Recommend classification These guidelines shall be reviewed at beyond 30 years to a specific event least every 5 years and revised as nec scheduled to happen or a specific essary unless an earlier review for revi- period of time or, the alternative, recsion is requested by the Archivist of ommend: DECLASSIFY ON: Originatthe United States. Copies of the de- ing Agency's Determination Required classification guidelines promulgated or "OADR.” by NASA will be provided to the Infor

(iii) The Administrator shall considmation Security Oversight Office, er and determine which category shall GSA.

be kept classified and the dates or (c) Systematic review procedures. (1) event for declassification. Whenever a All security classified records 30 years

specific time or future event for deold or older, whether held in storage

classification cannot be predeterareas under installation control or in mined, the following notation will be Federal Records Centers, will be sur applied: DECLASSIFY ON: Originatveyed to identify those that require

ing Agency's Determination Required scheduling for future disposition.

or "OADR.” The Archivist of the (2) All NASA information or materi- United States will be notified in writal in the custody of the National Ar

ing of this decision. chives and Records Service that is per- (d) Declassification by the Director manently valuable and more than 30

of the Information Security Oversight years old is to be systematically re

Office, GSA. If the Director of the In. viewed for declassification by the Ar

formation Security Oversight Office, chivist of the United States with the

GSA, determines that NASA informaassistance of the personnel designated tion is classified in violation of "the for the purpose pursuant to paragraph Order," the Director may require the (a)(4)(i) of this section. The Archivist information to be declassified. Any shall refer to NASA that information

such decision by the Director may be or material which NASA has indicated

appealed through the NASA Informarequires further review. In the case of

tion Security Program Committee to 30-year old information or material in

the National Security Council. The inthe custody of NASA installations, formation shall remain classified such review will be accomplished by

pending a prompt decision on the the custodians of the information or

appeal. material. The installation having primary jurisdication over the informa

[48 FR 5891, Feb. 9, 1983) tion or material received from the Ar

8 1203.604 Mandatory review for declassi. chivist or in its custody, shall proceed

fication. as follows:

(i) Classified information or material (a) Information covered. All inforover which NASA exercises exclusive mation classified under "the Order" or or final original classification author- predecessor orders, except as provided ity and which is to be declassified in at $ 1203.604(b) shall be subject to a accordance with the systematic review review for declassification by the origiguidelines developed under paragraph nating agency, if: (b) of this section shall be so marked. (1) The request is made by a United

(ii) Classified information or materi. States citizen or permanent resident al over which NASA exercises exclu. alien, a Federal agency, or a State or sive or final original classification au local government; and thority and which, in accordance with (2) The request describes the docuthe systematic review guidelines devel- ment or material containing the inforoped under paragraph (b) of this sec- mation with sufficient specificity to tion, is to be kept protected, shall be enable the agency to locate it with a

reasonable amount of effort. After (2) Other requests for declassificareview, the information or any reason tion review and release of information able segregable portion thereof that shall be processed in accordance with no longer requires protection shall be the provisions of this section, subject declassified and released unless with to the following conditions: holding is otherwise warranted under . (i) The request is in writing and reaapplicable law.

sonably describes the information (b) Presidential papers. (1) Informa- sought with sufficient particularity to tion originated by a President, the enable the installation to identify it. White House Staff, by committees, (ii) The requestor shall be asked to commissions, or boards appointed by correct a request that does not comply the President, or others specifically with paragraph (d)(2)(i) of this secproviding advice and counsel to a tion, to provide additional information President or acting on behalf of a

or to narrow the scope of the request President is exempted from the provi

and shall be notified that no action sions of $ 1203.604(a).

will be taken until the requestor com(2) The Archivist of the United

plies. States shall have the authority to

(iii) If the request requires the renreview, downgrade and declassify in

dering of services for which fees may formation under the control of the Ad.

not be charged under Part 1206, but ministrator of General Services Ad

may be charged under 31 U.S.C. 483a ministration or the Archivist pursuant

(1976), the rates prescribed in to sections 2107, 2107 note, or 2203 of

$ 1206.700 shall be used, if appropriTitle 44, U.S. Code. Review procedures

ate. developed by the Archivist shall pro

(e) Processing of requests. Requests

that meet the requirements of paravide for consultation with NASA in

graph (d)(2) of this section will be matters of primary subject interest to NASA.

processed as follows:

(1) NASA installation action upon (c) Submission of requests for review.

the initial request shall be completed Requests for mandatory review of clas

within 60 days. sified information shall be submitted

(2) Receipt of the request shall be in accordance with the following:

acknowledged promptly. The NASA (1) Requests originating within

installation shall determine whether, NASA shall, in all cases, be submitted

under the declassification provisions directly to the NASA installation

of this part 1203, the requested inforwhich originated the information.

mation may be declassified and, if so, (2) For most expeditious action, re

shall make such information available quests from other Governmental agen

to the requestor, unless withholding is cies or from members of the public

otherwise warranted under applicable should be submitted directly to NASA law. If the information may not be reinstallations which originated the ma

leased in whole or in part, the requesterial, or, if the originating component tor shall be given a brief statement of is not known, the requestor may the reasons for denial, a notice of the submit the request to:

right to appeal the determination to (i) The Chairperson, NASA Informa the Chairperson, NASA Information tion Security Program Committee; or Security Program Committee, Nationthe head of the NASA organization al Aeronautics and Space Administramost concerned with the subject tion, Washington, DC 20546, and a matter of the material requested; or notice that such an appeal must be

(ii) The office designated to receive filed within 60 days in order to be conrequests for records specifically citing sidered. the Freedom of Information Act pur (3) All appeals of denials of requests suant to Part 1206 of this chapter. for declassification shall be acted upon

(d) Requirement for processing. (1) and determined finally within 30 days Requests which are submitted under after receipt and the requestor shall the Freedom of Information Act shall be advised that the appeal determinabe processed in accordance with Part tion is final. If continued classification 1206 of this chapter.

is required under the provisions of this

Part 1203, the requestor shall be notified of the reasons thereof.

(4) The declassification and release of foreign government information that is subjected to mandatory review under this section shall be determined only in accordance with $ 1203.703.

(5) When a NASA installation receives any request for declassification of information in documents in its custody that was classified by another NASA installation or Government agency, it shall refer copies of the request and the requested documents to the originating installation or agency for processing, and may, after consultation with the originating installation or agency, inform the requester of the referral. In cases in which the originating NASA installation determines in writing that a response under $ 1203.604(f) is indicated, such cases will be promptly forwarded to the Chairperson, NASA Information Security Program Committee, for final resolution and appropriate response.

(f) Neutral response. In response to a request for information under the Freedom of Information Act, the Privacy Act of 1974, or the mandatory review provisions of “the Order,” NASA shall refuse to confirm or deny the existence or non-existence of requested information whenever the fact of its existence or non-existence is itself classifiable under "the Order."

(g) Declassification of transferred documents or material-(1) Material officially transferred. In the case of classified information or material transferred by or pursuant to statute or Executive Order to NASA in conjunction with a transfer of functions (not merely for storage purposes) for NASA's use and as part of its official files or property, as distinguished from transfers merely for purposes of storage, NASA shall be deemed to be the original classifying authority over such material for purposes of downgrading and declassification.

(2) Material not officially transferred. When any NASA installation has in its possession classified information or material originated by an agency which has since ceased to exist and that information has not been of. ficially transferred to another depart ment or agency, or when it is impossi

ble for the possessing NASA installation to identify the originating agency, and a review of the material indicates that it should be downgraded or declassified, the possessing NASA installation shall be deemed to be the originating agency for the purpose of declassifying or downgrading such material. If it appears probable that another agency or another NASA organization may have a substantial interest in whether the classification of any particular information should be maintained, the possessing NASA installation shall not exercise the power conferred upon it by this paragraph, until after consultation with any other agency or NASA organization having an interest in the subject matter.

(3) Transfer for storage or retirement. (i) Insofar as practicable, classified documents shall be reviewed to determine whether or not they can be downgraded or declassified prior to being forwarded to records centers or to the National Archives for storage. Any downgrading or declassification determination shall be indicated on each document by appropriate markings.

(ii) Classified information transferred to the General Services Administration for accession into the Archives of the United States shall be downgraded or declassified by the Archivist of the United States in accordance with “the Order," the directives of the Information Security Oversight Office, GSA, and NASA guidelines.

(h) Downgrading and declassification actions—(1) Notification of changes in classification or declassification. When classified material has been marked with specific dates or events for downgrading or declassification, it is not necessary to issue notices of such actions to any holders. However, when such actions are taken earlier than originally scheduled, or the duration of classification is shortened, the authority making such changes shall, to the extent practicable, ensure prompt notification to all addressees to whom the information or material was originally transmitted. The notification shall specify the marking action to be taken, the authority therefor, and the effective date. Upon receipt of notification, recipients shall effect the

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