and Material," 8 March 1972 (37 FR 10053, 19 May 1972), and which is required by the Executive Order to be kept secret in the interest of national defense or foreign policy. This exemption, which may be applicable to parts of all systems of records, is necessary because certain record systems not otherwise specifically designated for exemptions herein may contain isolated items of information which have been properly classified.

(d) Although the Defense Intelligence Agency is not a law enforcement agency, there are incidents when law enforcement information is developed concerning an individual. All such information, developed in the course of investigative procedures within DIA, will be exempt from the requirements of 5 U.S.C. 552a (d) pursuant to 5 U.S.C. 552a (j) (2). Granting individuals access to information collected and maintained by this component relating to the enforcement of criminal laws could interfere with orderly investigations, with the orderly administration of justice, and possibly enable suspects to avoid detection or apprehension. Disclosure of this information could result in concealment, destruction, or fabrication of evidence and jeopardize the safety and well being of informants, witnesses and their families, and investigative personnel and their families. Disclosure of this information could also reveal and render ineffectual investigative techniques, sources, and methods used during investigations and could result in the invasion of the privacy of individuals only incidentally related to the investigations. The exemption of the individual's right of access to his records and the reasons therefore necessitate the exemption of this information from the requirements of the other cited provisions.

§ 292a.23 Specific exemptions.

(a) ID
(1) Sysname. Project Files.

Manual L DIA 0800.

(2) Exemption. This system of records is exempt from the following provisions of Title 5, U.S.C. Section 552a: (c) (3), (d), (e) (1), (e) (4) (G), (e) (4) (H), (e) (4) (I) and (f).

(3) Authority. 5 U.S.C. 522a (k) (1).

(4) Reasons. These files contain properly classified information under Executive Order 11652 and are required by the Executive Order to be kept secret in the interest of national defense or foreign policy.

(b) ID-Automated L DIA 0802.

(1) Sysname. Project files.

(2) Exemption. This system of records is exempt from the following provisions of Title 5, U.S.C., Section 552a: (c) (3),(d), (e)(1), (e) (4) (G), (e) (4) (H), (e) (4) (I) and (f).

(3) Authority. 5 U.S.C. 552a (d) (1).

(4) Reasons. These files contain properly classified information under Executive Order 11652 and are required by the Executive Order to be kept secret in the interest of defense or foreign policy.

(c) ID-Manual L DIA 530.

(1) Sysname. Intelligence collection records.

(2) Exemption. This system of records is exempt from the following provisions of Title 5, U.S.C., Code 552a: (c) (3), (d), (e) (1), (e) (4) (G), (e)(4) (H), (e) (4) (I) and (f).

(3) Authority. 5 U.S.C. 552a (k) (1). (4) Reasons. These files contain properly classified information under Executive Order 11652 and are required by the Executive Order to be kept secret in the interest of national defense or foreign policy.

(d) ID-Manual L DIA 0272.

(1) Sysname. Complaints.

(2) Exemption. This system of records is exempt from the following provisions of Title 5, U.S.C., Section 552a: (c) (3), (d), (e) (1), (e) (4) (G), (e) (4) (H), (e) (4) (I) and (f).

(3) Authority. 5 U.S.C. 552a(k) (1) and (2).

(4) Reasons. Granting individuals access to information collected and maintained by this component relating to the enforcement of criminal laws could interfere with orderly investigations, with the orderly administration of justice, and possibly enable suspects to avoid detection or apprehension. Disclosure of this information could result in the concealment, destruction or fabrication of evidence and jeopardize the safety and well being of informants, witnesses and their families, and law enforcement personnel and their families. Disclosure of this information could also reveal and render ineffectual investigative techniques, sources, and methods used by this component and could result in the invasion of the privacy of individuals only incidentally related to an investigation.

(i) The exemption of the individual's right of access to the complete record and the reasons therefore necessitate the exemption of this system of records from the requirements of the other cited provisions. However, the individual may

have access only to that information provided by himself. These files contain properly classified information under Executive Order 11652 and are required by the Executive Order to keep secret in the interest of national defense.

(e) ID-Manual L DIA 0271.
(1) Sysname. Investigations.

(2) Exemption. This system of records is exempt from the following provisions of Title 5, U.S.C., Section 552a: (c) (3), (d), (e) (1), (e) (4) (G), (e) (4) (H), (e) (4) (I) and (f).

(3) Authority. 5 U.S.C. 552a(k) (1) and (2).

(4) Reasons. Granting individuals access to information collected and maintained by this component relating to the enforcement of criminal laws could interfere with orderly investigations, with the orderly administration of justice, and possibly enable suspects to avoid detection or apprehension. Disclosure of this information could result in the concealment, destruction or fabrication of evidence and jeopardize the safety and well being of informants, witnesses and their families, and law enforcement personnel and their families. Disclosure of this information could also reveal and render ineffectual investigative techniques, sources and methods used by this component and could result in the invasion of the privacy of individuals only incidentally related to an investigation.

(i) The exemption of the individual's right of access to the complete record and the reasons therefore necessitate the exemption of this system of records from the requirements of the other cited provisions. However, the individual may have access only to that information provided by himself. The files contain properly classified information under Executive Order 11652 and are required by the Executive Order to be kept secret in the interest of national defense.

PART 293-CONTROL AND PROTECTION OF "FOR OFFICIAL USE ONLY" INFORMATION

Sec.

293.1 Purpose.

293.2 Applicability and Scope. 293.3 Uniform Standards.

AUTHORITY: The provisions of this Part 293 issued under 5 U.S.C. 301, 552.

SOURCE: The provisions of this Part 293 appear at 33 F.R. 4618, Mar. 16, 1968, unless otherwise noted.

This part provides uniform standards for the marking, control and protection of records and other documentary material which have been determined to be exempt from public disclosure and considered to be "For Official Use Only" in accordance with the provisions of Part 286 of this chapter.

§ 293.2 Applicability and Scope.

The provisions of this part apply to the Office of the Secretary of Defense, the military departments, Organization of the Joint Chiefs of Staff and all other Department of Defense agencies. It is applicable to unclassified records and documents in the custody of the Department of Defense determined to be exempt from public disclosure.

§ 293.3 Uniform Standards.

(a) General. (1) Unclassified records and documents which are authorized by Part 286 of this chapter to be withheld from general public disclosure and for a significant reason should not be given general circulation shall be considered "For Official Use Only".

(2) The marking or absence of the marking "For Official Use Only" on a record or document does not relieve any person of the responsibility for reviewing the record or document prior to public release. Requests for public release of documents which are exempt from public release under Part 286 of this chapter, whether or not marked "For Official Use Only", shall be referred to the originator of the document, or a higher authority, for determination as to whether the exemption is still applicable or appropriate and whether a significant purpose would be served by withholding the document from public release. However, publications, pamphlets, reprints, etc., which are already in general circulation, do not need to be reviewed.

(b) Marking. (1) An unclassified record or document considered "For Official Use Only" in accordance with paragraph (a) (1) of this section, will be marked "For Official Use Only" when such marking is deemed necessary to ensure that all persons having access to the record are aware that it should not be publicly released and should not be handled indiscriminately. Such marking will be made at the bottom of the outer cover, if any, and at the bottom of the first and last page of the document.

(2) Individual folders, records, and files covering specific kinds of subject matter, such as personnel and medical files, bids and proposals, which are covered by rules and regulations specifying what may be released publicly, do not ordinarily require the "For Official Use Only" marking. In these cases the "For Official Use Only" marking will be used only when it is essential to ensure nondisclosure to the public of the information involved.

(3) Information contained in a technical document for which a determination has been made that a distribution statement under DoD Directive 5200.20, "Distribution Statements (Other than Security) on Technical Documents", March 29, 1965,' is appropriate shall not be marked "For Official Use Only".

(4) Individual pages in classified documents which contain both "For Official Use Only" and classified information shall be marked with the appropriate security classification. Any page or pages containing only "For Official Use Only" information shall be marked "For Official Use Only" at the bottom of the page. Whenever necessary to assure proper understanding, the "For Official Use Only" marking should also be applied to paragraphs which contain "For Official Use Only" information and do not contain classified information.

(5) On materials other than paper documents, such as photographs, films, tapes, etc., the term "For Official Use Only" shall be affixed in such a manner as to call attention to the nature of the information contained therein.

(6) When an unclassified cover or forwarding document does not itself contain "For Official Use Only" information, it shall contain an appropriate notation calling attention to the presence of "For Official Use Only" information in the accompanying document or record.

(7) When necessary, to assure proper protection, working papers, notes and preliminary drafts shall also be marked with the "For Official Use Only" designation.

(8) When the "For Official Use Only" designation is no longer applicable the marking shall be effaced or removed. For documents in file or storage, the effacement or removal of the marking shall be

1 Filed as part of original document. Copies available at Publications Counter, OASD(A), Room 3B200, Pentagon, Washington, D.C. 20301, or Oxford 52167.

effected when the documents are removed from the file or storage for any purpose.

(c) Dissemination. Subject to additional restrictions which may be imposed by Executive order, statutory requirements, directives and regulations governing the release of specific types of informational material, such as technical material, personnel or medical records, "For Official Use Only" material may be disclosed as follows:

(1) This part does not place any restrictions on the dissemination and use of unclassified records or documents considered to be "For Official Use Only" between components and individuals of the DoD and DoD contractors and grantees when conducting official business for the DoD. "For Official Use Only" records or documents shall be handled in such a manner to preclude disclosure of the material to the public.

(2) Each holder of "For Official Use Only" information is authorized to disclose such information to persons in other departments and agencies of the Executive and Judicial branches when it is determined that information is required to carry out a Governmental function. The document or record shall be marked in accordance with paragraph (b)(1) of this section and the recipient advised that the information is not to be disclosed to the general public and of other special handling instructions.

(3) Release of "For Official Use Only" information to Members of Congress is governed by DoD Directive 5400.4, "Provision of Information to Congress", December 24, 19661 and to the General Accounting Office (GAO) by DoD Directive 7650.1, "General Accounting Office Comprehensive Audits", July 9, 1958.1 On documents released to Members of Congress or GAO, the marking "For Official Use Only" should either be removed if a review of the material has resulted in the determination that the information no longer requires the marking or an explanation provided the recipient as to the significance of the term "For Official Use Only."

(4) The official responsible for making the original determination, or higher authority, may disclose or authorize the disclosure of "For Official Use Only" information to persons other than those specified in the preceding paragraphs. In such cases where a review of the record or document has resulted in a determination that the information no longer

requires protection, the “For Official Use Only" designation shall be removed and all holders of the information notified insofar as practicable.

(d) Safeguarding. (1) Records and documentary material determined to be "For Official Use Only" shall not be left unattended on desks but will be placed in an out-of-sight location.

(2) At the close of business, "For Official Use Only" records and documents, whether marked or not, shall be stored so as to preclude unauthorized public disclosure. Filing such material with other unclassified records in unlocked files, desks, etc., will be adequate where normal U.S. Government or Government-contractor internal building security is provided during non-duty hours. Where such internal security control is not exercised, the material will be stored in locked rooms or receptacles; i.e., a file, desk, bookcase, etc.

(e) Transmission. (1) Documents or records containing "For Official Use Only" information shall be transported, between offices, in such a manner so as to preclude disclosure of the contents. First-class mail and ordinary parcel post may be used for the transmission of "For Official Use Only" information.

(2) Electrically transmitted messages containing "For Official Use Only" information shall contain the abbreviation "FOUO" at the beginning of the text. Such messages shall be transmitted by EFTO procedure for international transmissions where such capabilities are available.

(f) Duration of "For Official Use Only" Marking. In all cases, it is incumbent upon the originator, or higher authority, to terminate the "For Official Use Only" marking whenever circumstances dictate that the information no longer requires protection from disclosure. When the "For Official Use Only" marking is terminated by such action, all known holders shall be notified insofar as possible.

(g) Disposal of "For Official Use Only" Marked Material. When holders of nonrecord copies of "For Official Use Only" marked records or documents no longer have need to retain the material, the records or documents may be destroyed. Disposal will be accomplished by tearing the record or document into pieces to prevent disclosure of the contents and placing them in regular trash containers. Record copies of "For Official Use Only" records and documents will be disposed

of in accordance with the disposal standards established by the Records Disposal Act of 1945 (44 U.S.C. 366 et seq.).

(h) Unauthorized disclosure. The unauthorized disclosure of "For Official Use Only" records or documents does not constitute an unauthorized disclosure of classified DoD information under the provisions of DoD Directive 510.50, "Investigation of and Disciplinary Action Connected with Unauthorized Disclosure of Classified Defense Information", April 29, 1966.1 However, if an unauthorized disclosure occurs. appropriate administrative action shall be taken to fix responsibility for the disclosure and to apply appropriate corrective and/or disciplinary measures. The DoD activity having jurisdiction over the "For Official Use Only" information shall be informed of the unauthorized disclosure.

(a) Public Information Act of July 4, 1966, as amended (5 U.S.C. 552) as implemented by Part 286 of this subchapter outlines policies and procedures for furnishing DoD information to the public and for withholding certain categories of information which are exempt from public disclosure. Executive Order 11566 outlines the policies and responsibilities for making consumer product information available to the public through the Central Consumer Product Information Coordinating Center (CPICC), General Services Administration. E.O. 11566 further outlines (1) the system by which the CPICC will release the product information to the public; and (2) the actions required of each Federal agency in implementing the Executive order.

1 See footnote on p. 733.

(b) This part provides guidance to DoD Components in carrying out the provisions of section 2 of E.O. 11566.

§ 294.2 Applicability.

The provisions of this part apply to the Military Departments and the Defense Supply Agency.

§ 294.3 Definitions.

For purposes of this part, product information, as defined in section 5 of Executive Order 11566, includes any re leasable documents developed for and/ or by the Department of Defense that would be potentially useful to the public consumer in making informed judgments about products in the marketplace.

§ 294.4 Responsibilities and procedures.

(a) The Assistant Secretary of Defense (Installations and Logistics) will: (1) Monitor overall DoD participation in the Consumer Product Information Program.

(2) Issue supplemental guidance or instructions to § 294.5 as required.

(b) The Secretaries of the Military Departments and Director, Defense Supply Agency will:

(1) Cooperate with the Consumer Product Information Coordinating Center, GSA, in compliance with section 2 of E.O. 11566.

(2) Designate a central focal point for handling all internal Consumer Product Information Program matters.

(3) Comply with the supplemental guidance and instructions contained in § 294.5 and any amendments thereto. § 294.5 Supplemental guidance and in

structions.

(a) On a recurring basis the Military Departments and Defense Supply Agency will supply the Consumer Product Information Coordinating Center (CPICC) the following types of documentation:

(1) Published product information documents,

(2) Unpublished product information documents that are intended for publication, including changes or revisions to published documents, and

(3) Product information documents not currently planned for publication. (b) The following instructions will be followed in transmitting documents to the CPICC:

(1) They will be furnished in duplicate.

(2) They will be addressed to the Consumer Product Information Coordinating Center, Office of the Administrator, General Services Administration, Washington, D.C. 20405.

(3) They will be accompanied by(1) A letter of transmittal that includes certification by a responsible official that the information provided is releasable in accordance with the provisions of Part 286 of this subchapter and section 2(b) of E.O. 11566.

(ii) A list showing all of the documents furnished including their title, date, number of pages, originating agency, agency from which available, code or identification number, price, and a one or two sentence description of the content;

(iii) A separate 3 x 5 inch card for each document furnished containing the same data as the list in subdivision (ii) of this subparagraph.

(c) A copy of the transmittal letter and listing only paragraph (b) (3) (1) and (ii) of this section will be furnished to Staff Director, Product Assurance Division, OASD(I&L) WR, Washington, D.C. 20301.