[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: 14CFR1203.410]



[Page 19]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1203_INFORMATION SECURITY PROGRAM--Table of Contents

 

              Subpart D_Guides for Original Classification

 

Sec. 1203.410  Limitations.



    (a) Classification may not be used to conceal violations of law, 

inefficiency of administrative error; to prevent embarrassment to a 

person, organization or agency; or to restrain competition.

    (b) Basic scientific research information not clearly related to the 

national security may not be classified.

    (c) A product of non-government research and development that does 

not incorporate or reveal classified information to which the producer 

or developer was given prior access may not be classified under this 

part 1203 until and unless the Government acquires a proprietary 

interest in the product. This part does not affect the provisions of the 

Patent Secrecy Act of 1952 (35 U.S.C. 181-188).

    (d) References to classified documents that do not disclose 

classified information may not be classified or used as a basis for 

classification.

    (e) Classification may not be used to limit dissemination of 

information that is not classifiable under the provisions of this part 

or to prevent or delay the public release of such information.

    (f) Information may be classified or reclassified after receipt of a 

request for it under the Freedom of Information Act (5 U.S.C. 552) or 

the Privacy Act of 1974 (5 U.S.C. 552a), or the mandatory review 

provisions of ``the Order'' if such classification meets the 

requirements of ``the Order'' and is accomplished personally on a 

document-by-document basis by an official with original Top Secret 

classification authority.

    (g) The Administrator, the Chairperson, NASA Information Security 

Program Committee, or an official with original Top Secret 

classification authority may reclassify information previously 

declassified and disclosed if it is determined in writing that (1) The 

information requires protection in the interest of national security; 

and (2) the information may reasonably be recovered. These 

reclassification actions shall be reported promptly to the Director of 

the Information Security Oversight Office, GSA.



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