(j) Technical information dissemination. A fundamental and integral part of each RDT&E effort (contractual or in-house) that ensures, within procedures established for security and other specific access restrictions, maximum utility of and access to technical information about and technical documents generated from Defensesupported RDT&E.

§ 157.6 Certification for access to technical information.

(a) Policy. (1) The Department of Defense shall disseminate technical information in support of its technical programs and in support of similar programs within other U.S. Government agencies. This dissemination shall be made to organizations whose official U.S. Government affiliations are certified. Classified information dissemination will be within the scope of its certified field of interest requirements and facility clearances. However, requests from foreign organizations for and transmittal of classified and controlled information products shall be made only through appropriate DoD foreign release offices under established release procedures.

(2) A uniform certification procedure shall be used for the effective control of the flow of technical information and shall utilize the DD Form 1540, "Registration for Scientific and Technical Information Services,” cited in DoD 5220.22-R, "Industrial Security Regulation," January 1979.

(3) Certification shall be according to subject fields and groups of interest and recorded on DD Form 1540. Such certification is a warranty that the user's oficial responsibilities require access to technical information that can be described by one or another of the prescribed DoD categories of science and technology.

(b) Responsibilities. (1) The Defense Technical Information Center (DTIC) and the Defense Contract Administration Services (DCAS) shall operate and maintain the certification procedures and DD Forms 1540 and 1541, "Facility Clearance Register."

(i) DTIC shall:

(A) Develop and distribute such instructions and procedural guidance as necessary for use by DoD Compo

nents, U.S. Government contractors and subcontractors, DoD potential contractors, and other U.S. Government offices to maintain the most effective use of the certification procedures within the terms of this Instruction and existing security regulations.

(B) Maintain at DTIC the central authority file of eligible users and notify affected dissemination activities of each new eligible user, along with conditions and scope of coverage, and of any subsequent changes thereto.

(C) Provide information products from DTIC to eligible users as follows:

(a) Unclassified technical information, subject to any approvals that may be required for controlled information.

(b) Classified technical information in only those subject fields of interest and at the security level authorized on DD Form 1540 and in accordance with any approvals that may be required for controlled information.

(D) Recommend changes to DoD 5220.22-M,1 "Industrial Security Manual for Safeguarding Classified Information," October 1977, and related security procedures in conformance with this part.

(ii) DCAS shall certify the DD Form 1541 and report any change affecting a facility clearance through submission of a revised DD Form 1541 to the central authority file.

(2) Each DoD Component conducting, administering, or sponsoring research, development, test and evaluation and other technical work shall:

(i) Require in-house activities to complete all parts of the DD Form 1540 and submit it to the DTIC before requesting reports or information from dissemination activities. The commanding officer, the technical director, or their authorized designee shall review, approve, modify, or disapprove the registration for technical information services on DD Form 1540 submitted by their personnel.

(ii) Review, approve, modify, or disapprove DD Form 1540 submitted by non-DoD activities or organizations under its cognizance. Personnel selected to authorize DD Form 1540 shall

'See footnote 1 to § 157.4(b)(8).

have the technical competence and familiarity with contractor or grantee programs necessary to judge the subject fields of interest of the applicant.

(iii) Instruct and assist its sponsored activities in filling out and submitting DD Form 1540.

(iv) Recommend changes to DoD 5220.22-M and related security procedures in conformance with this part.

(v) Promptly report to the DTIC any changes of certification status, such as change in mission of the DoD Component, contract termination, and contract or grant revision.

(vi) Designate an office at each appropriate level of the organization with responsibility for:

(A) Providing and maintaining procedures that are responsive to this Instruction and with applicable security regulations.

(B) Reviewing special cases, such as referral of questions on DD Form 1540 from the DTIC.

(3) Each dissemination activity, within the scope of its mission, shall make its technical information available to eligible users in accordance with the certification terms and the applicable security and distribution controls.

(c) Agencies outside the Department of Defense. (1) Components of nonDoD executive branch agencies who participate in the DoD Industrial Security Program shall follow the procedures prescribed for DoD Components in § 157.6(b)(2) when DoD technical information is required.

(2) Components of non-DoD executive branch agencies who do not participate in the DoD Industrial Security Program shall make specific arrangements with the DTIC for certification of DD Form 1540 and facility clearance authorization when DoD technical information is required.

(3) Components of the legislative and judicial branches, their contractors, and their grantees who are in need of unclassified information shall make specific arrangements with DTIC for certification of DD Form 1540. Certification for classified information, if needed, must be approved by the Office of the Deputy Under Secretary of Defense for Research and Engineering (Research and Advanced

158.6 Responsibilities.

158.7 Categories of information that require review before declassification. 158.8 Categories of information that require review before declassification: Department of the Army systems. 158.9 Categories of information that require review before declassification: Department of the Navy systems. 158.10 Categories of information that require review before declassification: Department of the Air Force systems. 158.11 Declassification considerations. 158.12 Department of State areas of interest.

158.13 Central Intelligence Agency areas of interest.

AUTHORITY: E.O. 12356, 10 U.S.C.

SOURCE: 48 FR 29840, June 29, 1983, unless otherwise noted.

§ 158.1 Reissuance and purpose.

This part is reissued; establishes procedures and assigns responsibilities for the systematic declassification review of information classified under E.O. 12356 and Information Security Oversight Office Directive No. 1, DoD Directive 5200.1 and DoD 5200.1-R, and prior orders, directives, and regulations governing security classification; and implements section 3.3 of E.O. 12356.

§ 158.2 Applicability and scope.

(a) This part applies to the Office of the Secretary of Defense (OSD) and to activities assigned to the OSD for administrative support, the Military Departments, the Organization of the Joint Chiefs of Staff, the Unified and Specified Commands, and the Defense

(b) Foreign government information. Information that is provided to the United States by a foreign government or governments, an international organization of governments, or any element thereof with the expectation, expressed or implied, that the information, the source of the information, or both are to be held in confidence; or produced by the United States pursuant to or as a result of a joint arrangement with a foreign government or governments, an international organization of governments, or any element thereof requiring that the information, the arrangement, or both are to be held in confidence.

(c) Intelligence method. Any process, mode of analysis, means of gathering data, or processing system or equipment used to produce intelligence.

(d) Intelligence source. A person or technical means that provides intelligence.

§ 158.4 Policy.

It is the policy of the Department of Defense to assure that information that warrants protection against unauthorized disclosure is properly classified and safeguarded as well as to facilitate the flow of unclassified information about DoD operations to the public.

§ 158.5 Procedures.

(a) DoD classified information that is permanently valuable, as defined by 44 U.S.C. 2103, that has been accessioned into the National Archives of the United States, will be reviewed systematically for declassification by the Archivist of the United States, with the assistance of the DoD personnel designated for that purpose, as it becomes 30 years old; however, file series concerning intelligence activities (including special activities) created after 1945, intelligence sources or methods created after 1945, and cryptology records created after 1945 will be reviewed as they become 50 years old.

(b) All other DoD classified information and foreign government information that is permanently valuable and in the possession or control of DoD Components, including that held in federal records centers or other storage areas, may be reviewed systematically for declassification by the DoD Component exercising control of such information.

(c) DoD classified information and foreign government information in the possession or control of DoD Components shall be declassified when they become 30 years old, or 50 years old in the case of DoD intelligence activities (including special activities) created after 1945, intelligence sources or methods created after 1945, or cryptology created after 1945, if they are not within one of the categories specified in §§ 158.7 through 158.10 or in 48 FR 4403, January 31, 1983.

(d) Systematic review for declassification shall be in accordance with procedures contained in DoD 5200 1-R. Information that falls within any of the categories in §§ 158.7 through 158.10 and in 44 FR 4403 shall be declassified if the designated DoD reviewer determines, in light of the de

cluding the means of interconnecting such systems and networks and their vulnerabilities.

(i) Information that relates to intelligence activities conducted jointly by the Department of Defense with other federal agencies or to intelligence activities conducted by other federal agencies in which the Department of Defense has provided support. (Also see § 158.13.)

(j) Airborne radar and infrared imagery.

(k) Information that reveals space system:

(1) Design features, capabilities, and limitations (such as antijam characteristics, physical survivability features, command and control design details, design vulnerabilities, or vital parameters).

(2) Concepts of operation, orbital characteristics, orbital support methods, network configurations, deployments, ground support facility locations, and force structure.

(1) Information that reveals operational communications equipment and systems:

(1) Electronic counter-counter-measures (ECCM) design features or performance capabilities.

(2) Vulnerability and susceptibility to any or all types of electronic warfare.

(m) Information concerning electronic intelligence, telemetry intelligence, and electronic warfare (electronic warfare support measures, electronic countermeasures (ECM), and ECCM) or related activities, including:

(1) Information concerning or revealing nomenclatures, functions, technical characteristics, or descriptions of foreign communications and electronic equipment, its employment or deployment, and its association with weapon systems or military operations.

(2) Information concerning or revealing the processes, techniques, operations, or scope of activities involved in acquiring, analyzing, and evaluating the above information, and the degree of success obtained.

(n) Information concerning Department of the Army systems listed in §158.8.

(0) Information concerning Department of the Navy systems listed in §158.9.

(p) Information concerning Depart ment of the Air Force systems listed in §158.10.

(q) Cryptologic information (including cryptologic sources and methods). This includes information concerning or revealing the processes, techniques, operations, and scope of SIGINT comprising communications intelligence, electronics intelligence, and telemetry intelligence; and the cryptosecurity and emission security components of COMSEC, including the communications portion of cover and deception plans.

(1) Recognition of cryptologic information may not always be an easy task. There are several broad classes of cryptologic information, as follows: (i) Those that relate to COMSEC. In documentary form, they provide COMSEC guidance or information. Many COMSEC documents and materials are accountable under the Communications Security Material Control System. Examples are items bearing transmission security (TSEC) nomenclature and crypto keying material for use in enciphering communications and other COMSEC documentation such as National COMSEC Instructions, National COMSEC/Emanations Security (EMSEC) Information Memoranda, National COMSEC Committee Policies, COMSEC Resources Program documents, COMSEC Equipment Engineering Bulletins, COMSEC Equipment System Descriptions, and COMSEC Technical Bulletins.

(ii) Those that relate to SIGINT. These appear as reports in various formats that bear security classifications, sometimes followed by five-letter codewords (World War II's ULTRA, for example) and often carrying warning caveats such as "This document contains codeword material" and "Utmost secrecy is necessary. . ." Formats may appear as messages having addressees, "from" and "to" sections, and as summaries with SIGINT content with or without other kinds of intelligence and comment.

(iii) RDT&E reports and information that relate to either COMSEC or SIGINT.