[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR1203.400]



[Page 16-17]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1203_INFORMATION SECURITY PROGRAM--Table of Contents

 

              Subpart D_Guides for Original Classification

 

Sec. 1203.400  Specific classifying guidance.





    Technological and operational information and material, and in some 

exceptional cases scientific information falling within any one or more 

of the following categories, must be classified if its unauthorized 

disclosure could reasonably be expected to cause damage to the national 

security. In cases where it is believed that a contrary course of action 

would better serve the national interests, the matter should be referred 

to the Chairperson, NASA Information Security Program Committee, for a 

determination. It is not intended that this list be exclusive; original 

classifiers are responsible for initially classifying any other type of 

information which, in their judgment, requires protection under ``the 

Order.''

    (a) Information which provides the United States, in comparison with 

other nations, with a significant scientific, engineering, technical, 

operational, intelligence, strategic, tactical or economic advantage 

related to national security.

    (b) Information which, if disclosed, would significantly diminish 

the technological lead of the United States in any military system, 

subsystem or component, and would result in damage to such a system, 

subsystem or component.

    (c) Scientific or technological information in an area where an 

advanced military application that would in itself be classified is 

foreseen during exploratory development.

    (d) Information which, if known, would:

    (1) Provide a foreign nation with an insight into the defense 

application or the war or defense plans or posture of the United States;

    (2) Allow a foreign nation to develop, improve or refine a similar 

item of defense application;

    (3) Provide a foreign nation with a base upon which to develop 

effective countermeasures;

    (4) Weaken or nullify the effectiveness of a defense or military 

plan, operation, project, weapon system or activity which is vital to 

the national security.

    (e) Information or material which is important to the national 

security of the United States in relation to other nations when there is 

sound reason to believe that those nations are unaware that the United 

States has or is capable of obtaining the information or material; i.e., 

through intelligence activities, sources, or methods.

    (f) Information which if disclosed could be exploited in a manner 

prejudicial to the national security posture of the United States by 

discrediting its technological power, capability or intentions.

    (g) Information which reveals an unusually significant scientific or 

technological ``breakthrough'' which there is sound reason to believe is 

not known to or within the state-of-the-art capability of other nations. 

If the ``breakthrough'' supplies the United States with an important 

advantage of a technological nature, classification also would be 

appropriate if the potential application of the information, although 

not specifically visualized, would afford the United States a 

significant national security advantage in terms of technological lead 

time or an



[[Page 17]]



economic advantage relating to national security.

    (h) Information of such nature that an unfriendly government in 

possession of it would be expected to use it for purposes prejudicial to 

U.S. national security and which, if classified, could not be obtained 

by an unfriendly power without a considerable expenditure of resources.

    (i) Information which if disclosed to a foreign government would 

enhance its military research and development programs to the detriment 

of U.S. counterpart or competitive programs.

    (j) Operational information pertaining to the command and control of 

space vehicles, the possession of which would facilitate malicious 

interference with any U.S. space mission, that might result in damage to 

the national security.

    (k) Information which if disclosed could jeopardize the foreign 

relations or activities of the United States; for example, the premature 

or unauthorized release of information relating to the subject matter of 

international negotiations, foreign government information or 

information regarding the placement or withdrawal of NASA tracking 

stations on foreign territory.

    (l) United States Government programs for safeguarding nuclear 

materials or facilities.

    (m) Other categories of information which are related to national 

security and which require protection against unauthorized disclosure as 

may be determined by the Administrator. The Chairperson, NASA 

Information Security Program Committee, will promptly inform the 

Director, Information Security Oversight Office, General Services 

Administration (GSA) of such determinations.



[44 FR 34913, June 18, 1979, as amended at 48 FR 5890, Feb. 9, 1983]