The dissemination of classified information orally, in writing, or by any other means, shall be limited to those persons whose official duties require knowledge or possession thereof. No one has a right to have access to classified information solely by virtue of rank or position. The final responsibility for determining whether a person's official duties require that he possess or have access to any element or item of classified information, and whether he has been granted the appropriate security clearance by proper authority, rests upon each individual who has authorized possession, knowledge, or control of the information involved and not upon the prospective recipient. These principles are equally applicable if the prospective recipient is an organizational entity, including commands, other Federal Agencies, defense contractors, foreign governments, and others.

Except as provided in § 159.700-6, no person shall be given access to classified information or material unless a determination has been made as to his trustworthiness. The determination of eligibility, referred to as a security clearance, will be based on a background or full field investigation for Top Secret and on a National Agency Check or Entrance NAC for Secret and Confidential, in accordance with the standards and criteria of DoD Directives 5210.8 (§ 159.100 (h)) and 5220.6 (§ 159.100(t)), as appropriate. Interim clearances may be granted in accordance with the provisions of DoD Directive 5210.8. United States citizen employees of contractors with classified Government contracts may be granted Confidential clearances by the contractor under policies established by the Assistant Secretary of Defense (Comptroller) and published by the Defense Supply Agency (DSA) under the Industrial Security Program, except that such clearances are not valid for Restricted Data, Cryptographic information, communications intelligence, or NATO, SEATO, and CENTO information classified Confidential. § 159.700-2

eligibility.

Continuous evaluation of

All DoD elements shall initiate a program for a periodic evaluation of clearance for classified information with special emphasis directed to the clearance criteria cited in DoD Directives 5210.8 (§ 159.100 (h) and 5220.6 (§ 159.100 (t)). This program should include close coordination with security, personnel, medical, legal and supervisory officials to assure that all pertinent information available within a command is evaluated when an individual is cleared or is being considered for clearance.

§ 159.700-3 Determination of need-toknow.

In addition to a security clearance, a person must have a need for access to the particular classified information or material sought in connection with the performance of his official duties or contractual obligations. The determination of that need shall be made as provided in § 159.700.

Each component and the DSA for the Industrial Security Program, shall make provision for administratively withdrawing the security clearance of any persons for whom there is no foreseeable need for access to classified information or material in connection with the performance of their official duties or contractual obligations of contractors. Likewise, when a person no longer needs access to a particular security classification category, the security clearance shall be adjusted to the classification category still required for the performance of his duties and obligations. In both instances, such action will be without prejudice to the persons' eligibility for a future security clearance.

§ 159.700-5

Revocation of security clearance for cause.

A security clearance may be revoked for cause when it is determined in consonance with due process of law that a person holding such clearance is no longer reliable or trustworthy.

§ 159.700-6 Access by persons outside the Executive Branch.

Classified information may be made available to persons or agencies outside the Executive Branch provided that such classified information is necessary for their performance of a function from which the Government will derive a benefit or advantage, and that such release is not prohibited by the originating department or agency. Heads of DoD components shall designate appropriate officials who shall determine, prior to the release of classified information under this provision, the propriety of such action in the interest of national security and assurance of the recipient's trustworthiness and need-to-know.

(a) Congress. Access to classified information or material by Congress, its committees, members, and staff representatives shall be in accordance with DoD Directive 5400.4 (§ 159.100 (i)). Additionally, any DoD individual testifying before a Congressional committee in executive session in relation to a classified matter, shall obtain the assurance of committee representatives that everyone present has a security clearance commensurate with the highest clas

sification of the information that may possibly come up for discussion. Members of Congress, by virtue of their elected positions, are not investigated or cleared by the Department of Defense. (b) Government Printing Office

(GPO). In order to utilize efficiently the most appropriate Government facilities for large scale reproduction of DoD printed materials, material of all classifications may be processed by the GPO, which protects the information in accordance with Department of DefenseGovernment Printing Office Agreement, dated June 26, 1956.

(c) Representatives of the General Accounting Office (GAO). Representatives of the GAO may be granted access to classified information originated by and in possession of the DoD when such information is relevant to the performance of the statutory responsibilities of that office, as set forth in DoD Directive 7650.1 (§ 159.100 (j)). Officials of the GAO, as designated in Appendix C, (§ 159.1500-2) are authorized to certify security clearances, and the bases therefor. (The GAO has adopted DoD standards for granting personnel security clearances.) Certifications will be made by these officials pursuant to arrangements with the DoD component concerned. Personal recognition or presentation of the official credential cards issued by the GAO to its personnel are acceptable for identification purposes.

(d) Industrial, educational and commercial entities. Bidders, contractors, grantees, educational, scientific or industrial organizations, may be determined to be eligible for access to classified information only when it is essential to the accomplishment of a function which is necessary in the interest of promoting the national security, provided the individuals are appropriately cleared in accordance with the DoD Industrial Security Regulation; DoD 5220.22-R (§ 159.100 (bb)).

(e) Historical researchers. Persons outside the Executive Branch who are engaged in historical research projects, may be authorized access to classified information or material, provided that:

(1) It is determined that such access is clearly consistent with the interests of national security.

(2) The material requested is reasonably accessible and can be located and

compiled with a reasonable amount of effort.

(3) The person agrees to safeguard the information and to authorize a review of his notes and manuscript for determination that no classified information is contained therein by signing a statement entitled "Conditions Governing Access to Official Records for Historical Research Purposes."

(4) An authorization for access shall be valid for a period of two years from the date of issuance and may be renewed under regulations of the issuing component.

(f) Former Presidential appointees. Persons who previously occupied policymaking positions to which they were appointed by the President, may be authorized access to classified information or material which they originated, reviewed, signed, or received, or which was addressed to them while in public office. DoD components may authorize access to such material if it is determined to be consistent with the interests of national security and the person agrees to safeguard the information and to authorize a review of his notes for determination that no classified information is contained therein, and that no classified information will be further disseminated or published. The former Government officials referred to herein do not include the White House Staff, or Presidential special committees or commissions.

(g) Foreign nationals, foreign governments, international organizations, and immigrant aliens. Classified information may be released:

(1) To foreign nationals, foreign governments and international organizations, only when specifically authorized under the provisions of the National Disclosure Policy and § 159.100 (1), and

(2) To immigrant aliens who reside and intend to reside permanently in the United States, only at the Confidential and Secret level, in the performance of official duties, provided that they have been granted a security clearance of the required level based upon a favorable Background Investigation.

With regard to Top Secret information, immigrant aliens may be granted a Limited Access Authorization for a specific contract or program based upon the personal and written determination by the Head of the DoD component con

cerned that such access is essential to meet Government requirements and that the individual is reliable and trustworthy in accordance with § 159.100 (t). A report of each such determination shall be furnished currently to the Assistant Secretary of Defense (Comptroller). As an exception to the foregoing, those immigrant aliens who hold Top Secret clearances as of June 1, 1972, remain eligible to hold such clearances until July 1, 1974.

(h) Classified information released outside of the Executive Branch shall be marked in accordance with the provisions of § 159.405-3, above.

§ 159.700-7 Emergency situations.

When time is of the essence and it is in the interest of national security to do so, Heads of DoD components or their designees may authorize persons outside the Federal Government other than those enumerated in § 159.700-6 above, to have access to classified information or material on a finding that the person to receive the information is trustworthy for the purpose of accomplishing the national security objective and that the intended recipient can and will safeguard the information from unauthorized disclosure sufficiently to accomplish the purposes for which it was given him. § 159.700-8 Access required by other Executive Branch investigative and law enforcement agents.

(a) Under normal procedures investigative agents of other departments or agencies obtain access to DoD information, whether classified or not, through established liaison or investigative channels.

(b) In special cases when the urgent or delicate nature of a Federal Bureau of Investigation or Secret Service investigation precludes advance coordination with and obtaining prior approval, of the Head of the DoD installation or activity, such photographs or other records as are required for the instant investigative case may be made by the FBI or Secret Service agents involved. However, these photographs or other records must be protected as required for the classification of the material concerned, and copies provided to the Head of the installation or activity or higher authority for review pursuant to 18 U.S.C. 795, to determine security classification or the need to sanitize for open publication.

DISSEMINATION

§ 159.701 Policy.

Components shall establish procedures for the dissemination of classified material originated or received by them, subject to specific rules established by higher authority and by this regulation. As a further limit on dissemination, the originating official or activity may prescribe specific restrictions on a classified document or in its text when security considerations make them necessary.

§ 159.701-1 Restraints on special access requirements.

Special requirements with respect to access, distribution and protection of classified information shall require prior specific approval in accordance with Subpart Special Access Programs. § 159.701-2 Material originating in a non-DoD department or agency.

Except under rules established by the Secretary of Defense, classified material originating in a non-DoD Department or Agency shall not be disseminated outside the DoD without the consent of the originating Department or Agency, except as otherwise provided by section 102 of the National Security Act, 61 Stat., 495, 50 U.S.C. 403, which authorizes the Director of Central Intelligence to correlate and disseminate intelligence within the Government.

§ 159.701-3 Intelligence material.

Dissemination of intelligence material shall be in accordance with the provisions of § 159.100(m).

§ 159.701-4

Restricted Data and For

merly Restricted Data.

Material bearing the warning notices prescribed in Subpart-Marking shall not be disseminated outside authorized channels without the permission of the originator. The policy and procedures governing access to and dissemination of Restricted Data by DoD personnel are specified in DoD Directive 5210.2 (§ 159.100(n)).

§ 159.701-5 NATO, CENTO, SEATO information.

Classified information originated by NATO, CENTO, or SEATO shall be safeguarded in accordance with DoD Instructions C-5210.21, C-5210.35, and 5210.54 (§ 159.100 (o), (p), and (q), respectively).

§ 159.701-8

Dissemination of Secret

and Confidential material.

Classified material other than Top Secret, originating within DoD may be disseminated within the Executive Branch, unless specifically prohibited by the originator.

§ 159.701-9 Restraint on reproduction.

Those portions of documents and materials which contain Top Secret information shall not be reproduced without the consent of the originating activity or higher authority. All other classified material shall be reproduced sparingly, in the minimum number of copies, and any stated prohibition against reproduction shall be strictly observed. The following restrictive measures apply to reproduction equipment and to the reproduction of classified material:

(a) The number of copies of documents containing classified information shall be kept to a minimum to decrease the risk of compromise and reduce storage costs.

(b) Officials, by position title, authorized to approve the reproduction of Top Secret and Secret material shall be designated. These designated officials will carefully review the need for reproductions with a view toward minimizing classified reproductions consistent with operational requirements and reproduction prohibitions imposed by the material originator or higher authority.

(c) Specific reproduction equipment shall be designated for the reproduction of classified material. Reproduction of classified material shall be restricted to equipment so designated. Rules to minimize human error, inherent in the re

production of classified material, will be posted on or near the designated equipment.

(d) Appropriate warning notices prohibiting reproduction of classified material shall be posted on equipment used only for the reproduction of unclassified material.

(e) If the designated equipment involves reproduction processes using extremely sensitive reproduction paper, such paper, shall be used and stored in a manner to preclude image transfer of classified information.

(f) All copies of classified documents reproduced for any purpose including those incorporated in a working paper are subject to the same controls prescribed for the document from which the reproduction is made.

The DoD policy and procedures governing the use of code words, nicknames and exercise terms are set forth in Appendix D (§ 159.1500-3).

§ 159.701-11 Scientific and technical meetings.

Security measures for use of classified information in scientific and technical meetings are prescribed in DoD Directive 5200.12, 159.100(z).

ACCOUNTABILITY AND CONTROL

§ 159.702 Top Secret.

All elements of the DoD shall establish the following procedures:

(a) Control officers: Top Secret Control Officers, and alternates, shall be designated within offices to be responsible for receiving, maintaining accountability registers of, and dispatching Top Secret documents. Such individuals shall be selected on the basis of experience and reliability, and shall have appropriate security clearances.

(b) Accountability: Top Secret accountability registers shall be maintained within offices. In addition, the originating and any subsequent offices shall keep disclosure records on each document copy which contains the document title, name and date, of all individuals, including stenographic and clerical personnel, who, during such originator's or holder's period of custody, are afforded access to information contained in the documents. This does not include individuals within an activity who may have had access to containers in which Top Secret infor

mation is stored, or who regularly administratively handled a large volume of such information. Such personnel are considered identifiable by roster as having had access to such type information on any given date. Disclosure records shall be retained for two years after the documents are transferred, downgraded, or destroyed.

(c) Inventories: Top Secret documents shall be physically sighted, or accounted for by examination of written evidence of proper disposition, such as, certificate of destruction, transfer receipt, etc., at least once annually, and more frequently when circumstances warrant. At the same time, each Top Secret document shall be audited to determine completeness and accuracy. As an execption, repositories, libraries or activities which store large volumes of classified material may limit their annual inventory to all documents and material to which access has been given in the past 12 months, and 10 percent of the remaining inventory.

(d) Reproduction and retention: Top Secret documents shall be kept to the minimum consistent with current requirements. In this connection, provision shall be made for responsible custodians to destroy non-record Top Secret documents, as soon as their intended purpose has been served. Top Secret record documents which cannot be destroyed shall be re-evaluated and, when appropriate, downgraded, declassified, or retired to designated records centers.

(e) Receipts: Top Secret material will be accounted for by a continuous chain of receipts.

(f) Each copy of a Top Secret document will be numbered serially for accounting purposes.