FOUO-Addendum A.pdf

Addendum A to Business Services Contract DD 254 for Contract # FA8224-12-R-0037

FOR OFFICIAL USE ONLY (FOUO)

(DOD REGULATION 5400.7-R, AIR FORCE SUPPLEMENT)

REF. TO ITEM 10J OF DD FORM 254

FOUO is not a classification. Originators mark records when they create them to call attention to

FOUO content. An FOUO marking does not mean you must withhold a record under the FOIA.

You still need to review requested records. Examine records with and without markings to identify information that needs protection and is exempt from public release or to decide whether discretionary release is appropriate.

Information in a technical document that requires a distribution statement per AFI 61-204, Disseminating Scientific and Technical Information, must show that statement. The originator may also mark the information FOUO, if appropriate.

Mark an unclassified document containing FOUO information “For Official Use Only” at the bottom, on the outside of the front cover (if any), on each page containing FOUO information, on the back page, and on the outside of the back cover (if any).

In unclassified documents, the originator may also mark individual paragraphs that contain

FOUO information to alert users and assist in review.

In a classified document, mark: An individual paragraph that contains FOUO, but not classified information, by placing “(FOUO)” at the beginning of the paragraph.

The top and bottom of each page that has both FOUO and classified information, with the highest security classification of information on that page.

“FOUO” at the bottom of each page that has FOUO but not classified information.

If a classified document also contains FOUO information or if the classified material becomes

FOUO when declassified, place the following statement on the bottom of the cover or the first page, under the classification marking: NOTE: If declassified, review the document to make sure material is not FOUO and not exempt under DoD 5400.7, AF Supplement before public release.

Mark other records, such as computer printouts, photographs, films, tapes, or slides, “For

Official Use Only” or “FOUO” so the receiver or viewer knows the record contains FOUO information.

Mark FOUO material sent to authorized persons outside the DoD with an explanation typed or stamped on the document.

Transmitting FOUO:

DoD components, officials of DoD components, and authorized DoD contractors consultants, and grantees send FOUO information to each other to conduct official DoD business. Tell recipients the status of such information, and send the material in a way that prevents unauthorized public disclosure. Make sure documents that transmit FOUO material call attention to any FOUO attachments. Normally, you may send FOUO records over facsimile equipment. When deciding whether to send FOUO records over facsimile equipment, balance the sensitivity of the records against the risk of disclosure. To prevent unauthorized disclosure, consider attaching special cover sheets (i.e. AF Form 3227, Privacy Act Cover Sheet, for Privacy

Act Information), the location of sending and receiving machines, and ensure authorized personnel are available to receive FOUO information as soon as it is transmitted. FOUO information may be passed to officials in other departments and agencies of the executive and judicial branches to fulfill a government function. Mark the records “For Official Use Only,” and tell the recipient the information is exempt from public disclosure under the FOIA and whether it needs special handling.

Electronically and Facsimile Transmitted Messages. Each part of electronically and facsimile transmitted messages containing FOUO information shall be marked appropriately. Unclassified messages containing FOUO information shall contain the abbreviation “FOUO” before the beginning of the text. Such messages and facsimiles shall be transmitted in accordance with communications security procedures whenever practicable.*

Transporting FOUO:

Records containing FOUO information shall be transported in a manner that prevents disclosure of the contents. When not commingled with classified information, FOUO information may be sent via first-class mail or parcel post. Bulky shipments, such as distributions of FOUO

Directives to testing materials, that otherwise qualify under postal regulations may be sent by fourth class mail.

Mark each part of a message that contains FOUO information. Unclassified messages containing

FOUO information must show the abbreviation “FOUO” before the text begins.

Safeguarding FOUO Information:

During normal duty hours: During normal working hours, records determined to be FOUO shall be placed in an out-of-sight location if the work area is accessible to non-government personnel.

During Non-duty Hours: At the close of business, FOUO records shall be stored so as to prevent unauthorized access. Filing such material with other unclassified records in unlocked files or desks, etc., is adequate when normal U.S. Government or Government-contractor internal building security is provided during non-duty hours. When such internal security control is not exercised, locked buildings or rooms normally provide adequate after-hours protection. If such protection is not considered adequate, FOUO material shall be stored in locked receptacles such as file cabinets, desks, or bookcases. FOUO records that are subject to the provisions of the

National Security Act of 1959 (reference (aa)) shall meet the safeguards outlined for that group of records.

Termination, Disposal and Unauthorized Disclosures:

Termination: The originator or other competent authority; e.g., initial denial and appellate authorities, shall terminate “For Official Use Only” markings or status when circumstances indicate that the information no longer requires protection from public disclosure. When FOUO status is terminated, all known holders shall be notified, to the extent practical. Upon notification, holders shall efface or remove the “For Official Use only” markings, but records in file or storage need not be retrieved solely for that purpose.

Disposal: Non-record copies of FOUO materials may be destroyed by tearing each copy into pieces to prevent reconstructing, and placing them in regular trash containers. When local circumstances or experience indicates that this destruction method is not sufficiently protective of FOUO information, local authorities may direct other methods but must give due consideration to the additional expense balanced against the degree of sensitivity of the type of

FOUO information contained in the records.

Record copies of FOUO documents shall be disposed of in accordance with the disposal standards established under 44 U.S.C. 3301-3314 (reference (ab)), as implemented by DoD

Component instructions concerning records disposal.

Unauthorized disclosure: The unauthorized disclosure of FOUO records does not constitute an unauthorized disclosure of DoD information classified for security purposes. Appropriate administrative action shall be taken, however, to fix responsibility for unauthorized disclosure whenever feasible, and appropriate disciplinary action shall be taken against those responsible.

Unauthorized disclosure of FOUO information that is protected by the Privacy Act (reference (d) may also result in civil and criminal sanctions against responsible persons. The DoD Component that originated the FOUO information shall be informed of its unauthorized disclosure.

*NOTE: For clarification of electronic dissemination, FOUO will not be sent electronically unless it remains behind the Hill AFB/SIINET Firewall.