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 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.

dissemination

activity,

(3) Each 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 non-DoD 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

§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 Agencies (hereafter referred to collectively as "DoD Components").

(b) This part applies to the systematic review of permanently valuable classified information, developed by or for the Department of Defense and its Components, or its predecessor components and activities, that is under the exclusive or final original classification jurisdiction of the Department of Defense.

(c) Its provisions do not cover Restricted Data or Formerly Restricted Data under the Atomic Energy Act of 1954 or information in nonpermanent records.

(d) Systematic declassification review of records pertaining to intelligence activities (including special activities) or intelligence sources or methods shall be in accordance with special procedures issued by the Director of Central Intelligence.

$158.3 Definitions.

(a) Cryptologic information. Information pertaining to or resulting from the activities and operations involved in the production of signals intelligence (SIGINT) or to the maintenance of communications security (COMSEC).

(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 declassification considerations contained in §158.11 that classification no longer is required. In the absence of such a declassification determination, the classification of the information shall continue as long as required by national security considerations.

(e) Before any declassification or downgrading action, DoD information under review should be coordinated with the Department of State on subjects cited in § 158.12, and with the Central Intelligence Agency (CIA) on subjects cited in § 158.13.

§ 158.6 Responsibilities.

(a) The Deputy Under Secretary of Defense for Policy shall:

(1) Exercise oversight and policy supervision over the implementation of this part.

(2) Request DoD Components to review §§ 158.7 through 158.11 of this part every 5 years.

(3) Revise §§ 158.7 through 158.11 to ensure they meet DoD needs.

(4) Authorize, when appropriate, other Federal agencies to apply this part to DoD information in their possession.

(b) The Head of each DoD Component shall:

(1) Recommend changes to §§158.7 through 158.13 of this part.

(2) Propose, with respect to specific programs, projects, and systems under his or her classification jurisdiction, supplements to §§ 158.7 through 158.11 of this part.

(3) Provide advice and designate experienced personnel to provide timely assistance to the Archivist of the United States in the systematic review of records under this part.

(c) The Director, National Security Agency/Chief, Central Security Service (NSA/CSS), shall develop, for approval by the Secretary of Defense, special procedures for systematic review and declassification of classified cryptologic information.

(d) The Archivist of the United States is authorized to apply this part when reviewing DoD classified information

that has been accessioned into the Archives of the United States.

§ 158.7 Categories of information that require review before declassification.

The following categories of information shall be reviewed systematically for declassification by designated DoD review in accordance with this part:

(a) Nuclear propulsion information. (b) Information concerning the establishment, operation, and support of the U.S. Atomic Energy Detection System. (c) Information concerning the safeguarding of nuclear materials or facilities.

(d) Information that could affect the conduct of current or future U.S. foreign relations. (Also see § 158.12.)

(e) Information that could affect the current or future military usefulness of policies, programs, weapon systems, operations, or plans when such information would reveal courses of action, concepts, tactics, or techniques that are used in current operations plans.

(f) Research, development, test, and evaluation (RDT&E) of chemical and biological weapons and defensive systems; specific identification of chemical and biological agents and munitions; chemical and biological warfare plans; and U.S. vulnerability to chemical or biological warfare attack.

(g) Information about capabilities, installations, exercises, research, development, testing and evaluation, plans, operations, procedures, techniques, organization, training, sensitive liaison and relationships, and equipment concerning psychological operations; escape, evasion, rescue and recovery, insertion, and infiltration and exfiltration; cover and support; deception; unconventional warfare and special operations; and the personnel assigned to or engaged in these activities.

(h) Information that reveals sources or methods of intelligence or counterintelligence, counterintelligence activities, special activities, identities of clandestine human agents, methods of special operations, analytical techniques for the interpretation of intelligence data, and foreign intelligence reporting. This includes information

that reveals the overall scope, processing rates, timeliness, and accuracy of intelligence systems and networks, including 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.

and

(m) Information concerning electronic intelligence, telemetry intelligence, and electronic warfare (electronic warfare support measures, electronic countermeasures (ECM), 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 Department 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.

(2) Commonly used words that may help in identification of cryptologic documents and materials are "cipher," "code," "codeword," "communications intelligence" or "COMINT," "communications security" or "COMSEC," "cryptanalysis," "crypto," "cryptography," "cryptosystem, "decipher," "decode," "decrypt," "direction finding," "electronic intelligence" or "ELINT," "electronic security," "encipher,' "encode," "encrypt," "intercept," "key book," "signals intelligence" or "SIGINT," "signal security," and "TEMPEST.”

§ 158.8 Categories of information that require review before declassification: Department of the Army systems.

The following categories of Army information shall be reviewed systematically for declassification by designated DoD reviewers in accordance with this part.

(a) Ballistic Missile Defense (BMD) missile information, including the principle of operation of warheads (fuzing, arming, and destruct operations); quality or reliability requirements; threat data; vulnerability; ECM and ECCM); details of design, assembly, and construction; and principle of operations.

(b) BMD systems data, including the concept definition (tentative roles, threat definition, and analysis and effectiveness); detailed quantitative technical system description-revealing capabilities or unique weaknesses that are exploitable; overall assessment of specific threat-revealing vulnerability or capability; discrimination technology; and details of operational concepts.

(c) BMD optics information that may provide signature characteristics of U.S. and United Kingdom ballistic weapons.

(d) Shaped-charge technology.

(e) Fleshettes.

(f) M380 Beehive round.

(g) Electromagnetic propulsion technology.

(h) Space weapons concepts. (i) Radar-fuzing programs.

(j) Guided projectiles technology. (k) ECM and ECCM to weapons systems.

(1) Armor materials concepts, designs, or research.

(m) 2.75-inch Rocket System. (n) Air Defense Command and Coordination System (AN/TSQ-51).

(0) Airborne Target Acquisition and Fire Control System.

(p) Chaparral Missile System.

(q) Dragon Guided Missile System Surface Attack, M47.

(r) Forward Area Alerting Radar (FAAR) System.

(s) Ground laser designators.

(t) Hawk Guided Missile System. (u) Heliborne, Laser, Air Defense Suppression and Fire and Forget Guided Missile System (HELLFIRE).

(v) Honest John Missile System. (w) Lance Field Artillery Missile System.

(x) Land Combat Support System (LCSS).

(y) M22 (SS-11 ATGM) Guided Missile System, Helicopter Armament Subsystem.

(z) Guided Missile System, Air Defense (NIKE HERCULES with Improved Capabilities with HIPAR and ANTIJAM Improvement).

(aa) Patriot Air Defense Missile System. (bb) Pershing IA Guided Missile System.

(cc) Pershing II Guided Missile System.

(dd) Guided Missile System, Intercept Aerial M41 (REDEYE) and Associated Equipment.

(ee) U.S. Roland Missile System. (ff) Sergeant Missile System (less warhead) (as pertains to electronics and penetration aids only).

(gg) Shillelagh Missile System. (hh)

Stinger/Stinger-Post

Missile System (FIM-92A).

Guided

(ii) Terminally Guided Warhead (TWG) for Multiple Launch Rocket System (MLRS).

(jj) TOW Heavy Antitank Weapon System.

(kk) Viper Light Antitank/Assault Weapon System.