Office of the Secretary of Defense Pt. 223

custody of the requested record. If a re- Mail Stop D–10, 4600 Sangamore Road, Be- quester is not sure which DoD Component thesda, MD 20816–5003. has custody or if the DoD Component is not (15) National Reconnaissance Office. Na- listed below, the MDR request should be di- tional Reconnaissance Office, NRO–MSO– rected to the Washington Headquarters Serv- ASG–IMSC–IART’, 14675 Lee Road, Chantilly, ices in paragraph (b)(1) of this appendix. VA 20151–1715. (b) DoD Component MDR Addresses: (16) National Security Agency/Central Secu- (1) OSD and the Office of the Chairman of the rity Service. National Security Agency, De- Joint Chiefs of Staff and the Joint Staff. De- classification Office, DJP5, 9800 Savage partment of Defense, Washington Head- Road, Suite 6884, Fort George G. Meade, MD quarters Services, Records and Declassifica- 20755–6884. tion Division, Suite 02F09–02, 4800 Mark Cen- (17) North American Aerospace Defense Com- ter Drive, Alexandria, VA 22350–3100. EXCEP- mand. HQ NORAD/CSO, 250 Vandenberg St. TION: DoD Inspector General. DoD Office of Ste B016, Peterson AFB, CO 80914. Inspector General, 400 Army Navy Drive, Ar- (18) U.S. Africa Command. US Africa Com- lington, VA 22202–4704. mand, Unit 29951, ATTN: COS–FOIA, APO AE (2) Department of the Army. U.S. Army De- 09751. classification Activity, Attention: AHRC– (19) U.S. Central Command. U.S. Central RDD, 8850 Richmond Highway, Suite 300, Al- Command, Attention: CCJ6–RDD, 7115 South exandria, VA 22309. Boundary Blvd., MacDill AFB, FL 33621–5101. (3) Department of the Navy. (20) U.S. European Command. U.S. European (i) Department of the Navy, Chief of Naval Command, Attention: ECJ1–AX, Unit 30400, Operations, CNO N09N2, 2000 Navy Pentagon, APO AE 09131. Washington, DC 20350–2000. (Collateral MDR). (21) U.S. Joint Forces Command. U.S. Joint (ii) Department of the Navy, Chief of Naval Forces Command, Code J02SM, 1562 Mitscher Operations, CNO N2/N6, 2000 Navy Pentagon, Ave., Suite 200, Norfolk, VA 23511–2488. Washington, DC 20350–2000. (Sensitive Com- (22) U.S. Northern Command. U.S. Northern partmented Information MDR). Command, HQ USNORTHCOM/CSO, 250 Van- (4) Department of the Air Force. Department denberg Street, Suite B016, Peterson AFB, of the Air Force, HAF/IMIO (MDR), 1000 Air CO 80914–3804. Force Pentagon, Washington, DC 20330–1000. (23) U.S. Pacific Command. U.S. Pacific (5) United States Marine Corps. Commandant Command, Attention: J151 FOIA, Box 64017, of the Marine Corps, HQMC Code PP&O, Se- Camp Smith, HI 96861–4017. curity Division (PS), 3000 Marine Corps Pen- (24) U.S. Southern Command. U.S. Southern tagon, Room 4A324, Washington, DC 20350– Command, Attention: SCJ2–SM–CFO 3000 (FOIA)’’.3511 NW 91st Avenue, Miami, FL (6) Defense Advanced Research Projects Agen- 33172–1217. cy. Defense Advanced Research Projects (25) U.S. Special Operations Command. U.S. Agency, 3701 N. Fairfax Drive, Arlington, VA Special Operations Command, Attention: 22203–1714. SOCS–SJS–SI (FOIA), 7701 Tampa Point (7) Defense Contract Audit Agency. Director, Blvd., MacDill AFB, FL 33621–5323. Defense Contract Audit Agency, Attention: (26) U.S. Strategic Command. U.S. Strategic CPS, 8725 John J. Kingman Road, Suite 2135, Command, Attention: CS50, 901 SAC Blvd., Fort Belvoir, VA 22060–6219. STE 1C17, Offutt AFB, NE 68113–6000. (8) Defense Information Systems Agency. De- (27) U.S. Transportation Command. U.S. fense Information Systems Agency, Atten- Transportation Command, Chief, Command tion: Security Division, MPS 6, 5111 Leesburg Information Management, ATTN: TCCSIM, Pike, Suite 100, Falls Church, VA 22041. 508 Scott Drive, Scott AFB IL 62225–5357. (9) Defense Intelligence Agency. Defense In- (28) Interagency Security Classification telligence Agency, Attention: DAN–1A Appeals Panel http://www.archives.gov/isoo/ (FOIA), Washington, DC 20340–5100. oversight-groups/iscap/index.html. (10) Defense Logistics Agency. Defense Logis- (29) Principal Mandatory Declassification tics Agency, Attention: DLA/DSS–S, 8725 Review (MDR) Contacts at Federal Agencies John J. Kingman Road, Suite 2533, Fort http://www.archives.gov/isoo/contact/mdr-con- Belvoir, VA 22060–6221. tact.html. (11) Defense Security Service. Defense Secu- rity Service, Office of FOIA & Privacy, 1340 PART 223—DOD UNCLASSIFIED Braddock Place, Alexandria, VA 22314–1651. (12) Defense Threat Reduction Agency. De- CONTROLLED NUCLEAR INFOR- fense Threat Reduction Agency, Attention: MATION (UCNI) SCR 8725 John J. Kingman Road, Fort Belvoir, VA 22060–6201. Sec. (13) Missile Defense Agency. Missile Defense 223.1 Purpose. Agency, Attention: MDA/DS, 7100 Defense 223.2 Applicability. Pentagon, Washington, DC 20301–7100. 223.3 Definitions. (14) National Geospatial-Intelligence Agency. 223.4 Policy. National Geospatial-Intelligence Agency, 223.5 Responsibilities.

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223.6 Procedures-identifying and controlling Components (hereinafter referred to as DoD UCNI. ‘‘DoD SNM’’). 223.7 Procedures-determination of DoD (c) Nuclear weapons containing SNM UCNI. that are in DoD custody (hereinafter AUTHORITY: 10 U.S.C. 128 and 5 U.S.C. referred to as ‘‘nuclear weapons in DoD 552(b)(3). custody’’). SOURCE: 77 FR 43506, July 25, 2012, unless (d) Contractors, consultants, and otherwise noted. grantees of the Department of Defense.

§ 223.1 Purpose. § 223.3 Definitions. This part: These terms and their definitions are (a) Updates policies, assigns respon- for the purposes of this part: sibilities and prescribes procedures for (a) Atomic Energy Defense Programs. the implementation of 10 United States Activities, equipment, and facilities of Code (U.S.C.) 128, which is the statu- the Department of Defense that are ca- tory basis for controlling unclassified pable of the following: information on the physical protection (1) Development, production, testing, of DoD special nuclear material (SNM), sampling, maintenance, repair, modi- SNM equipment, and SNM facilities. fication, assembly, utilization, trans- Such information is referred to as DoD portation, or retirement of nuclear UCNI, to distinguish it from a similar weapons or nuclear weapon compo- Department of Energy (DOE) program. nents. (b) Identifies the authority to be used (2) Production, utilization, or trans- for denying disclosure of DoD UCNI portation of DoD SNM for military ap- pursuant to 5 U.S.C. 552. plications. (c) Supplements security classifica- (3) Safeguarding of activities, equip- tion guidance contained in DoD In- ment, or facilities that support the struction 5210.67,1 DOE classification functions in paragraphs (a)(1) and (a)(2) guide CG–SS–4,2 and DoD/DOE joint of this section, including the protec- classification guides by establishing tion of nuclear weapons, nuclear weap- procedures for identifying, controlling, on components, or DoD SNM for mili- and limiting the dissemination of un- tary applications at a fixed facility or classified information on the physical in transit. protection of DoD SNM. (b) Document or material. The physical medium on or in which information is § 223.2 Applicability. recorded, or a product or substance This part applies to: that contains or reveals information, (a) Office of the Secretary of Defense, regardless of its physical form or char- the Military Departments, the Office of acteristics. the Chairman of the Joint Chiefs of (c) DoD UCNI. Unclassified informa- Staff and the Joint Staff, the Combat- tion on the physical protection of DoD ant Commands, the Office of the In- SNM, SNM equipment, and SNM facili- spector General of the Department of ties, including unclassified information Defense, the Defense Agencies, the DoD on the physical protection of nuclear Field Activities, and all other organi- weapons containing SNM that are in zational entities within the Depart- DoD custody. ment of Defense (hereinafter referred (d) Information. Any fact or concept, to collectively as the ‘‘DoD Compo- regardless of the physical form or char- nents’’). acteristics of the medium on or in (b) All SNM, regardless of form, which it is recorded, contained, or re- whether in reactor cores or other items vealed. under the direct control of the DoD (e) Intelligence Community. An ele- ment or agency of the U.S. Govern- ment identified in or designated pursu- 1 Copies available on the Internet at http:// ant section 3.5(h) of Executive Order www.dtic.mil/whs/directives/corres/pdf/ 521067p.pdf. 12333, as amended. 2 Copies available to authorized recipients (f) Reviewing official. An individual from the Director of Classification, Depart- appointed by the Assistant Secretary ment of Energy. of Defense for Nuclear, Chemical, and

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Biological Defense Programs who may defense and security by significantly make a determination that a document increasing the likelihood of the illegal or material contains, does not contain, production of nuclear weapons or the or no longer contains DoD UCNI. theft, diversion, or sabotage of DoD (g) Safeguards. An integrated system SNM, SNM equipment, SNM facilities, of physical protection, document and or nuclear weapons in DoD custody. material accounting, and control meas- (c) Unclassified information regard- ures designed to deter, prevent, detect, ing physical protection of DoD SNM and respond to unauthorized posses- and nuclear weapons in DoD custody sion, use, or sabotage of DoD SNM, shall be made publicly available to the SNM equipment, SNM facilities, or nu- fullest extent possible by applying the clear weapons in DoD custody. minimum restrictions, consistent with (h) SNM. Defined in 42 U.S.C. 2014. the requirements of 10 U.S.C. 128, nec- (i) SNM equipment. Equipment, sys- essary to protect the health and safety tems, or components whose failure or of the public or the common defense destruction would cause an impact on and security. safeguarding DoD SNM resulting in an (d) This part and title 10 of the Code unacceptable interruption to a na- of Federal Regulations (CFR) part 1017 tional security program or an unac- shall be used as guidance for handling ceptable impact on the health and safe- DOE UCNI that is under DoD control. ty of the public. (e) This part does not prevent a de- (j) SNM facility. A DoD facility that termination that information pre- performs a function in support of viously determined to be DoD UCNI is Atomic Energy Defense Programs classified information in accordance whose disruption could reasonably be with Volume 1 of DoD Manual 5200.01 3 expected to have a significant adverse and other applicable standards of clas- effect on safeguarding DoD SNM, the sification. health and safety of the public or the common defense and security. § 223.5 Responsibilities. (k) Unauthorized dissemination. The intentional or negligent transfer, in (a) The Under Secretary of Defense any manner and by any person, of in- for Intelligence (USD(I)) shall oversee formation contained in a document or the DoD program for controlling DoD material determined by a reviewing of- UCNI and coordinate DoD compliance ficial to contain DoD UCNI, and so with the DOE program for controlling marked in accordance with the proce- DOE UCNI. dures in § 223.6 of this part, to any per- (b) The Assistant Secretary of De- son or entity other than an individual fense for Nuclear, Chemical, and Bio- or entity authorized access to DoD logical Defense Programs (ASD(NCB)), UCNI in accordance with 10 U.S.C. 128 under the authority, direction, and and this part. control of the Under Secretary of De- fense for Acquisition, Technology, and § 223.4 Policy. Logistics, shall: It is DoD policy that: (1) Identify information regarding (a) Unauthorized dissemination of nuclear weapons security and the pro- unclassified information pertaining to tection of SNM at DoD nuclear reactor security measures, including security facilities as DoD UCNI and protect it plans, procedures, and equipment, for from unauthorized dissemination, con- the physical protection of DoD SNM, sistent with the requirements of 10 SNM equipment, SNM facilities, or nu- U.S.C. 128 and this part. clear weapons in DoD custody is pro- (2) Advise the USD(I) on implementa- hibited. tion of the DoD UCNI program. (b) Unclassified information shall be (3) Designate a DoD UCNI reviewing protected as DoD UCNI based on a de- official, who shall be authorized to de- termination that the unauthorized dis- termine that materials or documents semination of such information could reasonably be expected to have a sig- 3 Available on the Internet at http:// nificant adverse effect on the health www.dtic.mil/whs/directives/corres/pdf/ and safety of the public or the common 520001lvol1.pdf.

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contain, do not contain, or no longer cilities, or nuclear weapons in DoD cus- contain DoD UCNI. tody. (c) The Director, Administration and (iii) Meet the adverse effects test. Management shall provide guidance, as (2) Information shall be protected as needed, to the Heads of the DoD Com- DoD UCNI if it qualifies for one or ponents regarding 5 U.S.C. 552, as im- more of the categories listed in plemented by 32 CFR part 286, as it ap- § 223.7(c) and meets the criteria in para- plies to the DoD UCNI program. graph (b)(1) of this section. (d) The Heads of the DoD Compo- (3) DoD personnel, in making a deter- nents shall identify DoD UCNI within mination to protect unclassified infor- their Component and protect it from mation as DoD UCNI, shall consider unauthorized dissemination, consistent the probability of illegal production of with the requirements of 10 U.S.C. 128 nuclear weapons or of theft, diversion, and this part. or sabotage of DoD SNM, SNM equip- ment, SNM facilities, or nuclear weap- § 223.6 Procedures-identifying and ons in DoD custody if the information controlling DoD UCNI. proposed for protection were made (a) General. (1) The decision to pro- available for public disclosure and dis- tect unclassified information as DoD semination. The cognizant official UCNI shall be based on a determination shall consider how the unauthorized that the unauthorized dissemination of disclosure or dissemination of such in- such information could reasonably be formation could assist a potential ad- expected to have an adverse effect on versary in: the health and safety of the public or (i) Selecting a target for an act of the common defense and security by theft, diversion, or sabotage of nuclear increasing significantly the likelihood weapons in DoD custody, DoD SNM, of the illegal production of nuclear SNM equipment, or SNM facilities weapons or the theft, diversion, or sab- otage of DoD SNM, SNM equipment, (e.g., relative importance of a facility SNM facilities, or nuclear weapons in or the location, form, and quantity of DoD custody. This is called the ‘‘ad- DoD SNM). Information that can be ob- verse effects test.’’ tained by observation from public (2) DoD UCNI shall be identified, con- areas outside controlled locations trolled, marked, transmitted, and safe- should not be considered as DoD UCNI. guarded in the DoD Components, the (ii) Planning or committing an act of Intelligence Community, and the North theft, diversion, or sabotage of nuclear Atlantic Treaty Organization (NATO), weapons in DoD custody, DoD SNM, and among DoD contractors, consult- SNM equipment, or SNM facilities ants, and grantees. Within NATO, DoD (e.g., design of security systems; build- UCNI shall be marked, controlled, and ing plans; methods and procedures for safeguarded as ‘‘NATO RESTRICTED’’ transfer, accountability, and handling information. of nuclear weapons or DoD SNM; or se- (3) Contracts requiring access to or curity plans, procedures, and capabili- the preparation of unclassified infor- ties). mation that is or could be DoD UCNI (iii) Measuring the success of an act shall require compliance with this part of theft, diversion, or sabotage of nu- and any applicable DoD Component clear weapons in DoD custody, DoD regulations, and shall specify require- SNM, SNM equipment, or SNM facili- ments for identifying, marking, han- ties (e.g., actual or hypothetical con- dling, and safeguarding DoD UCNI. sequences of the sabotage of specific (b) Identifying DoD UCNI. (1) To be vital equipment or facilities). designated and protected as DoD UCNI, (iv) Illegally producing a nuclear ex- information must: plosive device (e.g., unclassified nu- (i) Be unclassified. clear weapon design information useful (ii) Pertain to security measures, in- in designing a primitive nuclear device; cluding plans, procedures, and equip- location of unique DoD SNM needed to ment, for the physical protection of fabricate such a device; or location of a DoD SNM, SNM equipment, SNM fa- nuclear weapon).

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(v) Dispersing DoD SNM in the envi- at the beginning of the applicable por- ronment (e.g., location, form, and tions. quantity of DoD SNM). (3) In a classified document, an indi- (c) Where questions or disagreements vidual page that has both DoD UCNI arise on designation or continued pro- and classified information shall be tection of information as DoD UCNI, marked at the top and bottom of the the reviewing official appointed by the page with the highest security classi- ASD(NCB) shall make the final deter- fication of information appearing on mination. If a determination cannot be that page or with the overall classifica- made because applicable guidance is tion of the document. In marking sec- unclear or does not exist, the document tions, parts, paragraphs, or similar por- or material in question shall be re- tions, the parenthetical term ‘‘(U// ferred to the reviewing official for a de- DCNI)’’ shall be used and placed at the termination. beginning of those portions containing (d) Access to DoD UCNI. (1) No explicit DoD UCNI. In a classified document, an designation or security clearance is re- individual page that has DoD UCNI, quired for access to DoD UCNI; how- but no classified information, shall be ever, a person granted access to DoD marked ‘‘UNCLASSIFIED//DOD UN- UCNI must have a need to know the CLASSIFIED CONTROLLED NU- specific DoD UCNI to which access is CLEAR INFORMATION’’ (or granted in the performance of official ‘‘UNCLASSIFIED//DOD UCNI’’) at the duties or of DoD-authorized activities. top and bottom of the page, unless the (2) The individual granting access to page is marked with the overall classi- DoD UCNI shall notify each person fication of the document. The DoD granted such access of applicable regu- UCNI information may be included in lations, including the physical protec- the same portion with other classified tion and access requirements, con- or unclassified information, if all rel- cerning the protection of DoD UCNI as evant statutory and regulatory mark- well as any special dissemination limi- ings and citations are included. Vol- tations that apply to the specific DoD ume 2 of DoD Manual 5200.01 4 provides UCNI to which access is being granted, additional guidance on marking classi- prior to dissemination of the DoD fied documents. UCNI to the person. (3) The requirement to notify persons (4) Other material (e.g., electronic granted access to DoD UCNI of applica- media, photographs, films, tapes, or ble regulations concerning protection slides) containing DoD UCNI shall be and dissemination of DoD UCNI may be conspicuously marked ‘‘DOD UNCLAS- met by attachment of an appropriate SIFIED CONTROLLED NUCLEAR IN- cover sheet to the front of each docu- FORMATION’’ (or ‘‘DOD UCNI’’), in ac- ment or material containing DoD UCNI cordance with paragraphs (d)(1) prior to its transmittal to the person through (d)(3) of this section, to ensure granted access. that a recipient or viewer is aware of (e) Marking DoD UCNI. (1) An unclas- the status of the information. sified document with DoD UCNI shall (e) Dissemination and Transmission. (1) be marked ‘‘DOD UNCLASSIFIED DoD UCNI may be disseminated among CONTROLLED NUCLEAR INFORMA- the DoD Components, members of the TION’’ (or abbreviated ‘‘DOD UCNI’’) Intelligence Community, NATO, and at the bottom on: the outside of the DoD contractors, consultants, and front cover, if any; the outside of the grantees on a need-to-know basis for back cover, if any; the first page; and the conduct of official business for the each individual page containing DoD Department of Defense. Dissemination UCNI. to NATO or other foreign or inter- (2) Within an unclassified document, national entities requires prior review an individual page containing DoD and approval by the appropriate dis- UCNI shall be marked to show which of semination entity. its portions contain DoD UCNI. In marking sections, parts, paragraphs, or 4 Available on the Internet at http:// similar portions, the parenthetical www.dtic.mil/whs/directives/corres/pdf/ term ‘‘(DCNI)’’ shall be used and placed 520001lvol2.pdf.

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(2) Recipients shall be made aware of of text containing DoD UCNI informa- the status as DoD UCNI for all such in- tion. formation disseminated to them. (8) DoD UCNI processed, stored, or Transmission of DoD UCNI shall be by produced on stand-alone or networked means which preclude unauthorized computers or other information tech- disclosure or dissemination (e.g., se- nology systems shall enforce protec- cure phone, encrypted email). tion from unauthorized disclosure or (3) Documents containing DoD UCNI dissemination, in accordance with the shall be marked as prescribed in para- procedures in paragraph (f) of this sec- graph (d) of this section. Transmittal tion. documents shall call attention to the (9) A document marked as having presence of DoD UCNI attachments DoD UCNI may be reproduced mini- using an appropriate statement in the mally without permission of the origi- text or including at the bottom of the nator and consistent with the need to transmittal document a statement carry out official business. similar to: ‘‘The attached document (f) Safeguarding DoD UCNI. (1) During contains DoD Unclassified Controlled normal working hours, documents and Nuclear Information (DoD UCNI).’’ materials determined to contain DoD (4) DoD UCNI transmitted outside UCNI shall be safeguarded and con- the Department of Defense requires ap- trolled by measures designed to reduce plication of an expanded marking to the risk of access to DoD UCNI by un- explain the significance of the DoD authorized individuals. Particular at- UCNI marking. That may be accom- tention should be paid to areas where plished by adding the transmittal DoD UCNI is used or stored if statement ‘‘DEPARTMENT OF DE- unescorted access by unauthorized in- FENSE/UNCLASSIFIED CON- dividuals is possible. TROLLED NUCLEAR INFORMATION/ (2) At the close of business, DoD UCNI shall be stored to preclude disclo- EXEMPT FROM MANDATORY DIS- sure. Storage of such information with CLOSURE PURSUANT TO 5 U.S.C. other unclassified information in un- 552(b)(3), AS AUTHORIZED BY 10 locked receptacles (e.g., desks, book- U.S.C. 128’’ to the document cover be- cases) is adequate if Government or fore transfer. Government-contractor internal build- (5) When not commingled with classi- ing security is provided during non- fied information, DoD UCNI may be duty hours. When such internal build- sent by first-class mail in a single, ing security is not provided, locked opaque envelope, or wrapping. rooms or buildings normally provide (6) DoD UCNI shall not be discussed adequate after-hours protection. If or transmitted over an unprotected such protection is not considered ade- telephone or telecommunications cir- quate, DoD UCNI shall be stored in cuit (to include facsimile trans- locked receptacles (e.g., locked file missions) except in case of an emer- cabinet, locked desk drawer, safe). gency. (3) Non-record copies of DoD UCNI (7) Each part of electronically trans- shall be destroyed by shredding or mitted messages containing DoD UCNI burning or, if the sensitivity or volume portions shall be marked appro- of the information justifies it, in ac- priately. Unclassified messages, includ- cordance with the procedures specified ing email, with DoD UCNI portions by Volume 3 of DoD Manual 5200.01 5 for shall have the abbreviation ‘‘DOD classified information. Record copies of UCNI’’ at the top of the message, be- DoD UCNI shall be disposed of in ac- fore the beginning of the text, and the cordance with the DoD Component’s parenthetical marking ‘‘(DCNI)’’ pre- record management regulations. DoD ceding each portion of text containing UCNI on magnetic storage media shall DoD UCNI information. Classified mes- be disposed of by overwriting to pre- sages containing DoD UCNI portions clude its reconstruction. DoD UCNI in shall be marked with the highest clas- sification of information within the 5 Available on the Internet at http:// message; use the parenthetical mark- www.dtic.mil/whs/directives/corres/pdf/ ing ‘‘(U//DCNI)’’ preceding each portion 520001lvol3.pdf.

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electronic form shall be deleted and § 223.7 Procedures-determination of also removed from any desktop trash DoD UCNI. or recycling files. (a) Use of the Guidelines. (1) The (4) Unauthorized dissemination and guidelines in this section are the basis disclosure of DoD UCNI justifies inves- for determining what unclassified in- tigative and administrative actions to formation regarding the physical pro- determine cause, assess impact, and fix tection of DoD SNM, SNM equipment, responsibility. The DoD Component SNM facilities, or nuclear weapons in that originated the DoD UCNI shall be DoD custody, in a given technical or informed of its unauthorized disclosure programmatic subject area are to be and the outcome of the investigative designated as DoD UCNI. and administrative actions. Unauthor- (2) The decision to protect unclassi- ized disclosure of DoD UCNI does not fied information as DoD UCNI shall be constitute a compromise of classified based on a determination that the un- information. authorized dissemination of such infor- (g) Retirement of Document or Material. mation could reasonably be expected to (1) Any unclassified document or mate- have an adverse effect on the health rial that is not marked as containing and safety of the public or the common DoD UCNI but that may contain DoD defense and security by significantly UCNI shall be marked upon retirement increasing the likelihood of the illegal in accordance with the DoD Compo- production of nuclear weapons or the nent’s record management regulations. theft, diversion, or sabotage of SNM, (2) A document or material marked SNM equipment, SNM facilities, or nu- as containing DoD UCNI is not re- clear weapons in DoD custody. quired to be reviewed upon, or subse- (b) General Guidance. (1) Unclassified quent, to retirement. Retired docu- information relating to the physical ments or materials shall be reviewed in protection of DoD SNM, SNM equip- accordance with paragraph (h) of this ment, SNM facilities, or nuclear weap- section upon a request for their release ons in DoD custody is to be protected made pursuant to 5 U.S.C. 552. from public disclosure to prevent the (h) Requests for Public Release of adverse effects identified in paragraph UCNI. (1) Pursuant to 10 U.S.C. 128, in- (a)(2) of this section. Public avail- formation that qualifies as DoD UCNI ability of information that would not is exempt from mandatory disclosure result in such adverse effects is not to pursuant to 5 U.S.C. 552. Requests for be restricted. the public release of DoD UCNI shall be (2) In controlling DoD SNM informa- denied, in accordance with procedures tion, only the minimum restrictions established in 32 CFR part 286, pursu- needed to protect the health and safety ant to 5 U.S.C. 552(b)(3), citing 10 U.S.C. of the public or the common defense 128 as authority. and security shall be applied to pro- (2) Requests for DOE UCNI contained hibit the disclosure and dissemination within DoD documents shall also be de- of DoD UCNI. nied pursuant to 5 U.S.C. 552(b)(3), but (3) Any information that has been, or 42 U.S.C 2168 shall be cited, after for- is, widely and irretrievably dissemi- mal FOIA consultation with the DOE, nated in the public domain and whose as the basis for invoking the exemp- dissemination was not, or is not, under tion. Requests for DOE documents will Government control is exempt from be formally referred to DOE for final control under these guidelines. How- adjudication and response to the re- ever, the fact that information is in questor. the public domain is not a sufficient (3) The reviewing official designated basis for determining that similar or by the ASD (NCB) shall review any re- updated Government-owned and -con- tired DoD UCNI document or material trolled information in another docu- upon a request for its release made pur- ment or other material is not, or is no suant to 5 U.S.C. 552. longer, DoD UCNI; case-by-case deter- minations are required.

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(c) Topical Guidance. DoD Compo- layout or design of security and alarm nents shall consider the topics dis- systems at a specific DoD SNM or nu- cussed in this section during the prepa- clear weapons facility, if the informa- ration of unclassified information that tion is not observable from a public addresses the physical protection of area. DoD SNM or nuclear weapons in DoD (ii) The fact that a particular system custody to determine if it qualifies for make or model has been installed at a control as DoD UCNI. specific DoD SNM or nuclear weapons (1) Vulnerability Assessments. (i) Gen- facility, if the information is not ob- eral vulnerabilities that could be asso- servable from a public area. ciated with specific DoD SNM, SNM (iii) Performance characteristics of equipment, SNM facility locations, or DoD nuclear weapons storage facilities. installed systems. (ii) The fact that DoD SNM or nu- (5) Keys, Locks, Combinations, and clear weapons facility security-related Tamper-Indicating Devices. (i) Types and projects or upgrades are planned or in models of keys, locks, and combina- progress, if not observable from a pub- tions of locks used in DoD SNM or nu- lic area. clear weapons facilities and during (iii) Identification and description of shipment. security system components intended (ii) Method of application of tamper- to mitigate the consequences of an ac- indicating devices. cident or act of sabotage at a DoD SNM (iii) Vulnerability information avail- or nuclear weapons facility. able from unclassified vendor specifica- (2) Material Control and Account- tions. ability. (i) Total quantity or categories (6) Threat Response Capability and Pro- of DoD SNM at a facility. cedures. (i) Information about arrange- (ii) Control and accountability plans ments with local, State, and Federal or procedures. law enforcement agencies of potential (iii) Receipts that, cumulatively, interest to an adversary. would reveal quantities and categories (ii) Information in ‘‘non-hostile’’ con- of DoD SNM of potential interest to an adversary. tingency plans of potential value to an (iv) Measured discards, decay losses, adversary to defeat a security measure, or losses due to fission and transmuta- e.g., fire, safety, nuclear accident, radi- tion for a reporting period. ological release, or other administra- (v) Frequency and schedule of DoD tive plans. SNM inventories. (iii) Required response time of secu- (3) Facility Description. (i) Maps, con- rity forces. ceptual design, and construction draw- (7) Physical Security Evaluations. (i) ings of a DoD SNM or nuclear weapons Method of evaluating physical security facility showing construction charac- measures not observable from public teristics of building(s) and associated areas. electrical systems, barriers, and back- (ii) Procedures for inspecting and up power systems not observable from testing communications and security a public area. systems. (ii) Maps, plans, photographs, or (8) In-Transit Security. (i) Fact that a drawings of man-made or natural fea- shipment is going to take place. tures in a DoD SNM or nuclear weap- (ii) Specific means of protecting ship- ons facility not observable from a pub- ments. lic area; e.g., tunnels, storm or waste sewers, water intake and discharge (iii) Number and size of packages. conduits, or other features having the (iv) Mobile operating and commu- potential for concealing surreptitious nications procedures that an adversary movement. could exploit. (iii) Communications and computer (v) Information on mode, routing, network configurations and capabili- protection, communications, and oper- ties. ations that must be shared with law (4) Intrusion Detection and Security enforcement or other civil agencies, Alarm Systems. (i) Information on the but not visible to the public.

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(vi) Description and specifications of § 225.3 Definitions. transport vehicle compartments or se- Unless otherwise noted, these terms curity systems not visible to the pub- and their definitions are for the pur- lic. pose of this part. (9) Information on Nuclear Weapon Caregiver. Defined in 38 U.S.C. Stockpile and Storage Requirements, Nu- 1720G(d) clear Weapon Destruction and Disable- Family Caregiver. Defined in 38 U.S.C. ment Systems, and Nuclear Weapon Phys- 1720G(d) ical Characteristics. Refer to DOE CG– Former POW. Defined in 38 U.S.C. 101 SS–4 for guidance about the physical Service-connected. Defined in 38 U.S.C. protection of information on nuclear 101 weapon stockpile and storage require- Veteran. Defined in 38 U.S.C. 101 ments, nuclear weapon destruction and disablement systems, and nuclear § 225.4 Policy. weapon physical characteristics that In accordance with 10 U.S.C. 1065, the may, under certain circumstances, be following new patron groups are au- unclassified. Such information meeting thorized access to DoD commissary, ex- the adverse effects test shall be pro- change, and morale, welfare, and recre- tected as DoD UCNI. ation (MWR) revenue generating ac- tivities on the same basis as a member PART 225—COMMISSARY CREDIT of the Military Services entitled to re- AND DEBIT CARD USER FEE tired or retainer pay, effective January 1, 2020: Sec. (a) Veterans who were awarded the 225.1 Purpose. Purple Heart. 225.2 Applicability. (b) Veterans who are former pris- 225.3 Definitions. oners of war (POWs). 225.4 Policy. (c) Veterans classified by the Depart- 225.5 Responsibilities. ment of Veterans Affairs (VA) as hav- 225.6 Procedures. ing a service-connected disability rat- AUTHORITY: 10 U.S.C. 1065 ing below 100 percent. (d) Caregivers or family caregivers SOURCE: 84 FR 71822, Dec. 30, 2019, unless for veterans under the VA caregiver otherwise noted. program. These caregivers are only eli- gible for these privileges during their § 225.1 Purpose. period of active enrollment as the care- This part establishes policy, assigns giver or family caregiver for a veteran. responsibilities, and provides proce- dures for the implementation of pa- § 225.5 Responsibilities. tronage expansion pursuant to 10 DIRECTOR, DeCA. Under the author- U.S.C. 1065. ity, direction, and control of the Under Secretary of Defense for Personnel and § 225.2 Applicability. Readiness through the Assistant Sec- This part applies to veterans who are retary of Defense for Manpower and Purple Heart recipients, veterans who Reserve Affairs, the Director, DeCA: are former prisoners of war, veterans (a) Establishes processes and updates who have a Department of Veterans Af- systems necessary to collect and de- fairs-documented service-connected posit with U.S. Treasury, user fees re- disability rating between 0–90 percent, lated to commercial debit/credit card and individuals approved and des- use in commissaries in accordance with ignated as the caregiver or family care- section 225.6 of this part. giver of an eligible veteran under a for- (b) Implements commissary credit/ malized Department of Veterans Af- debit card user fee requirements. fairs caregiver program (as of January 1, 2020, authorized caregivers are the § 225.6 Procedures. primary family caregiver of an eligible (a) Commissary Credit/Debit Card User veteran under the Program of Com- Fee. (1) Only patrons of groups newly prehensive Assistance for Family Care- authorized privileges by this part must givers). pay a user fee when using a credit or

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