[Code of Federal Regulations]
[Title 32, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR223.5]

[Page 443]
 
                       TITLE 32--NATIONAL DEFENSE
 
        CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED)
 
PART 223_DEPARTMENT OF DEFENSE UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION 
 
Sec. 223.5  Responsibilities.

    (a) The Assistant Secretary of Defense for Command, Control, 
Communications, and Intelligence shall:
    (1) Administer the DoD program for controlling DoD UCNI.
    (2) Coordinate DoD compliance with the DoE program for controlling 
DoE UCNI.
    (3) Prepare and maintain the reports required by 10 U.S.C. 128.
    (b) The Assistant Secretary of Defense (Public Affairs) shall 
provide guidance to the Assistant Secretary of Defense for Command, 
Control, Communications, and Intelligence (ASD(C3I)), other elements of 
the OSD, and the Heads of the DoD Components on the FOIA (5 U.S.C. 552), 
as implemented in DoD 5400.7-R,\4\ as it applies to the DoD UCNI 
Program.
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    \4\ See footnote 3 to section 223.2(c).
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    (c) The Heads of the DoD Components shall:
    (1) Implement this part in their DoD Components.
    (2) Advise the ASD(C3I) of the following, when information not in 
the guidelines in appendix B to this part is determined to be DoD UCNI:
    (i) Identification of the type of information to be controlled as 
DoD UCNI. It is not necessary to report each document or numbers of 
documents.
    (ii) Justification for identifying the type of information as DoD 
UCNI, based on the guidelines in appendix B to this part and prudent 
application of the adverse effects test.