Page images

proper changes and shall notify ad- marked in a manner indicating it is to dressees to whom they have transmit be treated in confidence or if the cirted the classified information or mate cumstances of the delivery indicate rial.

that the information be kept in confi. (2) Posted notice. If prompt remark dence. ing of large quantities would be (b) Information requiring confidenunduly burdensome, the custodian tiality produced by the United States may attach declassification, downgrad pursuant to a written, joint arrangeing, or upgrading notices to the stor ment with a foreign government or age unit in lieu of the remarking international organization of governaction otherwise required. Each notice ments. A written, joint arrangement shall indicate the change, the author- may be evidenced by an exchange of ity for the action, the date of the letters, a memorandum of understand action, and the storage units to which ing, or other written record of the it applies. Items withdrawn from such joint arrangement. storage units shall be promptly remarked. However, when information 81203.701 Classification. subject to a posted downgrading or de

(a) Foreign government information classification notice is withdrawn from

that is classified by a foreign entity one storage unit solely for transfer to

shall either retain its original classifianother, or a storage unit containing such information is transferred from

cation designation or be marked with a

United States classification designaone place to another, the transfer may

tion that will ensure a degree of probe made without remarking if the notice is attached to or remains with

tection equivalent to that required by

the entity that furnished the informaeach shipment. (i) Foreign Relations Series. In order

tion. Original classification authority to permit the State Department edi. is not required for this purpose. tors of Foreign Relations of the United (b) Foreign government information States to meet their mandated goal of

that was not classified by a foreign publishing 20 years after the event,

entity but was provided to NASA with NASA shall assist these editors by fa

the expressed or implied obligation cilitating access to appropriate classi.

that it be held in confidence must be fied materials in its custody and by ex

classified. “The Order” states that unpediting declassification review of authorized disclosure of foreign govitems from its files selected for public

ernment information, the identity of a cation.

confidential foreign source, or intelli

gence sources or methods is presumed (44 FR 34913, June 18, 1979, as amended at 45 FR 3888, Jan. 21, 1980; 48 FR 5892, Feb.

to cause damage to the national secu9, 1983; 53 FR 41318, Oct. 21, 1988)

rity. Therefore, such foreign government information shall be classified at

least Confidential. However, at the Subpart G-Foreign Government

time of classification, judicious considInformation

eration shall be given to the sensitivity 8 1203.700 Identification.

of the subject matter and the impact

of its unauthorized disclosure upon In order to qualify as foreign govern

both the United States and the origi. ment information, information must nating foreign government or organi. fall into one of the two following cate

zation of governments in order to degories:

termine the most appropriate level of (a) Information provided to the

classification. Levels above ConfidenUnited States by a foreign government

tial must be assigned by an original or international organization of gov

classification authority. ernments, such as the North Atlantic Treaty Organizatiuon (NATO), where (44 FR 34913, June 18, 1979, as amended at the United States has undertaken an 48 FR 5892, Feb. 9, 1983] obligation, expressed or implied, to keep the information in confidence.

§ 1203.702 Duration of classification. The information is considered to have Unless the guidelines for the systembeen provided in confidence if it is atic review of 30-year old foreign gov

311-046 0–92—2

foreign government information will be declassified only in accordance with the guidelines developed for that purpose under $ 1203.702 and after consultation with other Government agencies with subject matter interest as necessary. In those cases where these guidelines cannot be applied to the foreign government information requested, the foreign originator normally should be consulted, through appropriate channels, prior to final action on the request. However, when the responsible NASA installation knows the foreign originator's view toward declassification or continued classification of the types of information requested, consultation with the foreign originator is not necessary.

(d) Requests for mandatory review for declassification of foreign government information which NASA has not received or classified shall be referred to the Government agency having a primary interest. The requestor shall be advised of the referral. [44 FR 34913, June 18, 1979, as amended at 48 FR 5893, Feb. 9, 1983)

ernment information developed pursu. ant to $ 1203.603(b) prescribe dates or events for declassification:

(a) Foreign government information shall not be assigned a date or event for declassification unless such is specified or agreed to by the foreign entity.

(b) Foreign government information classified after December 1, 1978, shall be annotated: DECLASSIFY ON: Originating Agency's Determination Required or “OADR.” (48 FR 5893, Feb. 9, 1983) 8 1203.703 Declassification.

(a) Information classified in accordance with $ 1203.400 shall not be declassified automatically as a result of any unofficial publication or inadvertent or unauthorized disclosure in the United States or abroad of identical or similar information.

(b) Following consultation with the Archivist of the United States and where appropriate, with the foreign government or international organization concerned and with the assistance of the Department of State, NASA will issue guidelines for the systematic review of 30-year old foreign government information that will apply to foreign government information of primary concern to NASA. These guidelines are authorized for use by the Archivist of the United States and, with the approval of NASA, by an agency having custody of such information. The Chairperson, NASA Information Security Program Committee, will initiate administrative functions necessary to effect review of these guidelines at least once every 5 years and submit recommendations to the Administrator based on these reviews. If, after applying the guidelines to 30-year old foreign government information, a determination is made by the reviewer that classification is necessary, a date for declassification or DECLASSIFY ON: Originating Agency's Determination Required or OADR” shall be shown on the face of the document.

(c) Requests for mandatory review for declassification of foreign government information shall be processed and acted upon in accordance with the provisions of $ 1203.603 except that

Subpart H-Delegation of Authority

To Make Determinations in Origi

nal Classification Matters SOURCE: 53 FR 45259, Nov. 9, 1988, unless otherwise noted. $ 1203.800 Delegations.

(a) The NASA officials listed in paragraph (b) 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 currently applicable criteria, guidelines, laws, and regulations; and they shall be subject to any contrary determination that has been made by the Chairperson of the NASA Information Security Program Committee or by any other NASA official authorized to make such a determination.

(b) Designated Officials.

(1) TOP SECRET Classification Authority. (i) Administrator. (ii) Deputy Administrator.

periodic review of delegation lists to ensure that the officials so designated have demonstrated a continuing need to exercise such authority.

(f) Original classification authority shall not be delegated to persons who only reproduce, extract, or summarize classified information, or who only apply classification markings derived from source material or as directed by a classification guide.

(iii) Associate Deputy Administrator.

(iv) Chairperson, NASA Information Security Program Committee.

(2) SECRET AND CONFIDENTIAL Classification Authority.

(i) Officials listed in paragraph (b)(1) of this section.

(ii) Associate Administrator for Space Flight.

(iii) Associate Administrator for Space Science and Applications.

(iv) Associate Administrator for External Relations.

(V) Associate Administrator for Management.

(vi) Associate Administrator for Aer. onautics and Space Technology.

(vii) Associate Administrator for Space Operations.

(viii) Associate Administrator for Space Station.

(ix) Associate Administrator for Safety, Reliability, Maintainability, and Quality Assurance.

(x) General Counsel. (xi) Director, NASA Security Office.

(xii) Director, International Relations Division.

(xiii) Executive Secretary, NASA Information Security Program Committee.

(xiv) Field Installation Directors.

(xv) Manager, NASA Resident Office-JPL.

(xvi) Installation Security Classification Officers.

(xvii) Such other officials as may be delegated original classification authority.

(c) Written requests for original classification authority shall be forwarded to the Executive Secretary, NASA Information Security Program Committee, with appropriate justification appended thereto. The Executive Secretary will submit such requests to the Committee Chairperson for a determination by the Committee regarding the validity of the requests. Findings and recommendations of the Committee will then be submitted by the Com mittee Chairperson to the Administra tor for approval.

(d) The Executive Secretary shall maintain a list of all delegations of original classification authority by name or title of the position held.

(e) The NASA Information Security Program Committee shall conduct a

8 1203.801 Redelegation.

Redelegation of TOP SECRET, SECRET, or CONFIDENTIAL original classification authority is not authorized. 8 1203.802 Reporting.

The officials to whom original classification authority has been delegated herein shall ensure that feedback is provided to the Administrator through the NASA Information Security Program Committee. The Chairperson of the Committee shall keep the Administrator currently informed of all sig. nificant actions, problems, or other matters of substance related to the exercise of the authority delegated hereunder.

Subpart -NASA Information Security Program Committee

SOURCE: 54 FR 6881, Feb. 15, 1989, unless otherwise noted.

$ 1203.900 Establishment.

Pursuant to Executive Order 12356, “National Security Information,” and the National Aeronautics and Space Act of 1958, as amended, there is established a NASA Information Security Program Committee (hereinafter referred to as the Committee) as part of the permanent administrative structure of NASA. The Director, NASA Security Office, is designated to act as the Chairperson of the Committee. The Senior Security Specialist, Classi. fication Management and Physical Security Section, NASA Security Office, is designated to act as the Committee Executive Secretary.

ing will be maintained by the Executive Secretary.



Sec. 1203a.100 Purpose and scope. 1203a.101 Definitions. 1203a.102 Establishment, maintenance,

and revocation of security areas. 1203a.103 Access to security areas. 1203a.104 Violation of security areas. 1203a.105 Implementation by field and

component installations. AUTHORITY: 18 U.S.C. 799.

SOURCE: 38 FR 8056, Mar. 28, 1973, unless otherwise noted.

8 1203.901 Responsibilities.

(a) The Chairperson reports to the Administrator concerning the management and direction of the NASA Information Security Program as provided for in Subpart B of this part. In this connection, the Chairperson is supported and advised by the Committee.

(b) The Committee shall act on all appeals from denials of declassification requests and on all suggestions and complaints with respect to administration of the NASA Information Security Program as provided for in Subpart B of this part.

(c) The Executive Secretary of the Committee shall maintain all records produced by the Committee, its subcommittees, and its ad hoc panels.

(d) The NASA Security Office, NASA Headquarters, will provide staff assistance, and investigative and support services for the Committee. $ 1203.902 Membership.

The Committee will consist of the Chairperson and Executive Secretary. In addition, each of the following NASA officials will nominate one person to Committee membership:

(a) Associate Administrators for:

(1) Aeronautics and Space Technology.

(2) Space Science and Applications. (3) Space Flight. (4) Space Station. (5) Space Operations. (6) Management. (7) External Relations. (8) Safety, Reliability, Maintainability and Quality Assurance.

(b) Associate Deputy Administrator. (c) General Counsel. Other members may be designated upon specific request of the Chairperson.

§ 1203a.100 Purpose and scope.

(a) To insure the uninterrupted and successful accomplishment of the NASA mission, certain designated security areas may be established and maintained by NASA installations and component installations in order to provide appropriate and adequate protection for facilities, property, or classified information and material in the sified in possession or custody of NASA or NASA contractors located at NASA installations and component installations.

(b) This Part 1203a sets forth:

(1) The designation and maintenance of security areas,

(2) The responsibilities and procedures in connection therewith, and

(3) The penalties that may be enforced through court actions against unauthorized persons entering security areas.

§ 1203.903 Ad hoc committees.

The Chairperson is authorized to establish such ad hoc panels or subcommittees as may be necessary in the conduct of the Committee's work.

$ 1203a.101 Definitions.

For the purpose of this part, the following definitions apply:

(a) Security area. A physically defined area, established for the protection or security of facilities, property, or classfied information and material in the possession or custody of NASA or a NASA contractor located at a NASA installation or component installation, entry to which is subject to security measures, procedures, or controls. Security areas which may be established are:

(1) Restricted area. An area wherein security measures are applied primari.

8 1203.904 Meetings.

(a) Meetings will be held at the call of the Chairperson.

(b) Records produced by the Com. mittee and the minutes of each meet.

ly for the safeguarding or the adminis- be obtained prior to the establishment trative control of property or to pro- of a permanent security area. tect operations and functions which (3)(i) As a minimum, the following are vital or essential to the accom- information will be submitted to the plishment of the mission assigned to a Director of Security 15 workdays prior NASA installation or component in- to establishment of each permanent stallation.

security area: (2) Limited area. An area wherein (a) The name and specific location security measures are applied primari. of the NASA field or component inly for the safeguarding of classified in- stallation, facility, or property to be formation and material or unclassified protected. property warranting special protection (6) A statement that the property is and in which the uncontrolled move owned by, or leased to, the United ment of visitors would permit access to States for use by NASA or is the propsuch classified information and mate- erty of a NASA contractor located on rial or property, but within which area a NASA installation or component insuch access may be prevented by ap- stallation. propriate visitor escort and other in (c) Designation desired: i.e., restrictternal restrictions and controls.

ed, limited, or closed. (3) Closed area. An area wherein se

(d) Specific purpose(s) for the estabcurity measures are applied primarily

lishment of a security area. for the purpose of safeguarding classi

(ii) For those areas currently desigfied information and material; entry

nated by the installation as "permato the area being equivalent, for all

nent security areas,” the information practical purposes, to access to such

set forth in paragraph (d)(3)(i) of this classified information and material.

section will be furnished to the Securi(b) Temporary security area. A desig

ty Division, NASA Headquarters, nated interim security area, the need

within 30 workdays of the effective for which will not exceed 30 days from

date of this part. date of establishment. A temporary se

(b) Maintenance. The security meascurity area may also be established on

ures which may be utilized to protect an interim basis, pending approval of

such areas will be determined by the its establishment as a permanent secu

requirements of individual situations. rity area.

As a minimum such security measures (c) Permanent security area. A desig.

will: nated security area, the need for

(1) Provide for the posting of signs which will exceed 30 days from date of

at entrances and at such intervals establishment.

along the perimeter of the designated

area as to provide reasonable notice to 8 1203a.102 Establishment, maintenance,

persons about to enter thereon. The and revocation of security areas.

Director of Security, NASA Headquar(a) Establishment. (1) Directors of ters, upon request, may approve the NASA field and component installa- use of signs that are now being used tions, and the Director of Headquar- pursuant to a State statute. ters Administration for NASA Head (2) Regulate authorized personnel quarters (including component instal entry and movement within the area. lations) may establish, maintain, and (3) Deny entry of unauthorized perprotect such areas as restricted, limit sons or property. ed, or closed depending upon the op

(4) Prevent unauthorized removal of portunity available to unauthorized

classified information and material or persons either to:

property from a NASA installation or (i) Obtain knowledge of classified in

component installation. formation,

(c) Revocation. Once the need for an (ii) Damage or remove property, or established permanent security area to

no longer exists, the area will be re(iii) Disrupt Government operations. turned immediately to normal controls

(2) The concurrence of the Director and procedures or as soon as practicaof Security NASA Headquarters, will ble. The Director of Security will be

« PreviousContinue »