Section_J_Attachment_3_-_DD254_DCRIOS.pdf

DD Form 254 Supplement

Supplement to Defense Department (DD) Form 254 “Contract* Security Classification Specification”

ITEM 13 SECURITY GUIDANCE:

1. The following items apply to this contract.

GENERAL GUIDANCE:

The Contractor must:

• Maintain accountability for all classified material released to his or her custody.

• Not reproduce classified materials without the written permission of the releasing agency.

If permission is granted, each copy will be controlled in the same manner as the original.

• Not destroy any classified without advance approval of the releasing agency.

• Restrict access to only those individuals who possess the required security clearance and who are actually providing services under the contract. Further dissemination to other contractors, subcontractors, other government agencies, and private individuals or an organization is prohibited unless authorized in writing by the releasing agency.

• Not release classified material to foreign nationals or immigrant aliens whether or not they are consultants, US contractors, or employees of the contractor, and regardless of the level of their security clearance, except with advance written permission from the originator.

• Ensure that each employee having access to the classified material is fully aware of the special security requirements for this material and maintains records in a manner that permits the contractor to furnish on demand the name of individuals who have access to the material in their custody.

• Annually furnish the Contracting Officer Representative (COR) classified material released to or generated by the contractor. The listing must be sent to the COR no later than 1 February.

• Upon completion or termination of the classified contract, or sooner, when the purpose of the release has been served, the contractor must return to the COR all classified material (furnished or generated), unless retention or destruction is authorized in writing by the originator of the classified, the Senior Intelligence Officer (SIO), or the releasing command.

• The use, operation, or connection of a telephone answering machine within the SCIF boundary of a contractor's facility performing work on a 688 CW contract must be pre-approved by 24 AF/SSO in writing and may contain restrictions contractually binding on the contract.

• The contractor must obtain written approval from the 25 AF/A6S or the National Security

Agency (NSA) to use facsimile equipment to transmit information related to any 688 CW contract. This applies whether government or government derived, classified or unclassified, inside or outside the contractor's SCIF. The written approval may contain restrictions contractually binding on the contractor.

• For computer security direction, the Contractor shall comply with Joint DoDIIS/Cryptologic SCI Information Systems Security Standards for SCI AIS and AFI 33-200 for collateral AIS. This guidance will be used in its entirety or waivers must be obtained in writing from 25 AF/A6S.

• If work under the terms of this contract requires access to NSA systems, the contractor may be required to take a Counter Intelligence (CI) polygraph test.

• All contractor personnel will be indoctrinated into SI/TK/G/HCS.

ITEM 10:

Ref item 10e. SCI work will be done in an appropriately accredited SCI facility (SCIF).

10e(1). Contractor will require access to ICD 703, Protection of Classified National Intelligence, Including Sensitive Compartmented Information, dated 21 June 2013

10e(2). Contractor will require AFI 14-302, Control, Protection, And Dissemination Of Sensitive Compartmented Information and AFI 14-303, Release Of Intelligence To U.S.

Contractors

Ref item 10f . HQ AFSPC/FMZ Special Programs Division is the cognizant security office for all SAPs related to this contract. HQ AFSPC/FMZS is the servicing Program Security Officer.

Offices are located at 150 Vandenberg Street Peterson AFB, CO 80914. These offices may be reached at Comm. (719) 554-1601 or DSN 692-1601. The contractor must adhere to the special access requirements/procedures developed by the OPR. SAP performance at the contractor facility is not authorized. Performance will be limited to government approved facilities. Prior approval of the contracting activity is required for subcontracting. Access to SAP information requires a final U.S. Government clearance at the appropriate level.

Ref item 10g. Contractor personnel will be required NATO indoctrination in order to perform on this contract. Special briefings are required for access to NATO. Access to classified NATO information requires a final US government clearance at the appropriate level. Prior approval of the contracting activity is required for subcontracting.

Ref item 10j. FOUO information provided under this contract shall be safeguarded as specified in the attachment “Protecting For Official Use Only (FOUO) Information.”

ITEM 11:

Ref item 11c. The contractor is expected to receive and generate classified information (documents and/or hardware) at 92 COS/CSV/CNO/OSF/AOF, 3515 S Gen McMullen, Bldg 4, San Antonio TX 78226-1844; AFOTEC Det 4/MSDR, 625 Suffolk St Bldg 863, Peterson AFB CO 80914-1177, and at the Prime contractor’s location, TBD, Cage Code (TBD), and travel locations as required by the government activity. Contractor can work and store UNCLASSIFIED/FOUO and below material at their facility. TOP SECRET and SCI access is needed when work is done at the government facilities. Contractors require Top Secret security clearance based on a SSBI current within 5 years and SCI/SAP eligibility. Further detailed security classification guidance will be included within the Statement of Work or attached security guidance.

Ref item 11g. The contractor is authorized to use the services of the DTIC and is required to prepare and process a DD Form 1540 and DD Form 1541.

Ref item 11j. On base contractor employees will comply with AFI 10-701, Operations Security, available on the Air Force’s e-publishing web site at URL: http://www.e-publishing.af.mil/.

They will also participate in the assigned unit's OPSEC program, protect critical information identified in the 688 CW Critical Information List (CIL), complete the Security Administration (ZZ133078) computer based training (CBT) module located on the Advanced Distributed Learning Service (ADLS) Website upon assignment and annually thereafter.

Ref item 11k. Contractor is authorized to use the services of the Defense Courier Service (DCS).

The contracting activity is required to request DCS services from the commander, Defense Courier Services, ATTN: Operations Division, Ft George Meade, MD 20755-5370. Only certain classified information qualifies for shipment by DCS. It is the responsibility of the contracting activity to comply with DCS policy and procedures.

Ref item 13:

1. All SAP work will be performed in approved SAP facilities (SAPF) designated by the local

Government SAP Security Officer (GSSO).

2. Requests for SAP access will be made through the local GSSO or Program Manager (PM).

3. Continued contractor access to SAPs requires initial and recurring (annual) SAP security education training. The PM/GSSO will conduct the training at the location where the contractor’s program access records are kept.

4. Inquiries regarding SAP classification guidance will be direct to the PSO, GSSO, or PM.

Any SAP-derived material generated under this contract will be reviewed by the PSO, GSSO, or PM for proper classification prior to final publication, distribution, or transmission.

5. SAP information furnished or generated in support of this contract remains the property of the government and will be returned to the servicing program office upon completion of this contract.

http://www.e-publishing.af.mil/

6. All procedures, equipment, and devices used for data processing or data transfer of SAP information must be accredited (approved) by the PSO before any processing is permitted.

Any subsequent configuration or procedural changes must also be approved prior to use.

7. The contractor will produce classified material and have access to classified data/areas listed in block 13 only. The GSSO will provide daily security oversight of this contract unless delegated in writing by the PSO to another activity.

8. The security clearance requirements for SAP access is a final Top Secret (TS) based on an

SSBI investigation within the last five years.

9. The government will provide adequate classified storage capability. Only properly accessed (program briefed) personnel will have access to security containers and classified media containing SAP information.

Ref Item 14: Provide the information requested by AFFARS 5352.204-9000, Notification of Government Security Activity Clause, and AFI 16-1406, Air Force Industrial Security Program, to the Information Protection Office (IPO). Refer to the contract document for these clauses.

Shipments of classified or sensitive equipment shall be handled, transported, transmitted and protected IAW NISPOM, DoD 5220.22M and as specified by unit directives. The contractor shall execute a VGSA with the government." In addition, the contractor will follow all applicable security guidance related to the protection of SAP information. Baseline guidance includes the National Industrial Security Program Operating Manual (NISPOM), Joint Air Force, Army, Navy Manual (JAFAN) 6/0, 6/4, and 6/9 (if applicable), applicable Program Security Directives (PSDs) and Security Classification Guides (SCGs), and local Standard Operating Procedures (SOP). The GSSO will provide a copy of applicable guidance to the contractor.

Ref Item 15: While operating on an Air Force installation, Industrial Security Reviews will be conducted by the Information Protection Office (IPO). HQ AFSPC/FMZ Special Programs Division, or designated representative, will conduct security reviews of all SAP facilities, material, and operations related to this contract. DSS or local SF oversight over SAP portions of this contract is carved-out.

2. All Sensitive Compartmented Information (SCI) and material will be handled according to special security requirements furnished by the responsible Special Security Office (SSO) designated in item 13.

3. Upon completion of this contract, all classified material provided to or generated by the contractor will be returned to the Air Force activity. If the material has been superseded or is no longer applicable, the Air Force activity will provide disposition instructions to the Information Protection Office (IPO).

4. E.O. 13526, Classified National Security Information, contains new classification, declassification, and marking requirements that are not found in the current DoD 5220.22M, National Industrial Security Program Operating Manual (NISPOM). Refer to E.O.13526 for guidance until the NISPOM is revised.

5. The contractor will follow all applicable security guidance related to the protection of classified information. Baseline guidance includes the National Industrial Security Program Operating Manual (NISPOM), DOD Overprint to the NISPOMSUP, DoD Directive 5205.07, Special Access Program Policy, latest version, DoD 5200.01-M, Volumes 1-4, Feb 12 or latest versions, AFI 16-701, Management, Administration, and Oversight of Special Access Programs, latest version, SAF/AAZ Memorandum, Air Force Special Access Program Nomination Process (SAPNP), 30 Sep 13, and the USD(I) Memorandum with attachment, Special Access Program Nomination Process, 20 May 13, DoD 5205.07, Volumes 1-4, applicable Program Security Directives (PSDs), Joint Special Access Program (SAP) Implementation Guide (JSIG), 9 Oct 13 and Security Classification Guides (SCGs) and Standard Operating Procedures. Task specific security classification guidance: Information Operations Security Classification Guide, dated 6 Aug 98, NSA/CSS Manual 1-52, dated 23 Nov 04 and Annex C to NSA/CSS 123-2, dated 24 Feb 98 will be used to include all revisions and changes thereto. The PSM will provide a copy of applicable guidance to the contractor

DD Form 254 Supplement Attachment 1

RELEASE OF SENSITIVE COMPARTMENTED INFORMATION

(SCI) INTELLIGENCE INFORMATION

TO

DoD Contractors DD FORM 254 ATTACHMENT

ATTACHMENT TO DD FORM 254 FOR CONTRACT NUMBER: TBD

NUMBER OF SCI BILLETS AUTHORIZED: TBD

CONTRACT EXPIRATION DATE: See Contract Award

1. Requirements for access to SCI:

a. All SCI will be handled in accordance with special security requirements which will be furnished by the designated responsible Special Security Office (SSO).

b. SCI will not be released to Contractor employees without specific release approval of the originator of the material as outlined in governing directives; based on prior approval and certification of “need-to-know” by the designated Contractor.

c. Names of Contractor personnel requiring access to SCI will be submitted to the COR for approval. (The COR is identified on the reverse side of the DD Form 254.)

Upon receipt of written approval from the COR, the company facility security officer will submit request(s) for Single Scope Background Investigations (SSBI) in accordance with the NISPOM, to the Defense Security Office (DSS).

d. Inquiries pertaining to classification guidance on SCI will be directed through the SSO or CSSO to the responsible COR as indicated on the DD Form 254.

e. SCI furnished in support of this contract remains the property of the Department of Defense (DoD), department, agency, or command originator. Upon completion or cancellation of the contract, SCI furnished will be returned to the direct custody of the supporting SSO, or destroyed IAW instructions outlined by the COR.

f. SCI will be stored and maintained only in properly accredited facilities at the Contractor location.

2. The COR will:

a. Review the SCI product for contract applicability and determine that the product is required by the Contractor to complete Contractual obligations. After the COR has reviewed the SCI product(s) for contract applicability and determined that the product is required by the Contractor to complete obligations, the COR must request release from the originator through the SSO. Originator release authority is required on the product types below:

(1) Documents bearing the control markings of ORCON, PROPIN.

DD Form 254 Supplement Attachment 1

(2) GAMMA controlled documents.

(3) Any NSA/SPECIAL marked product.

(4) All categories as listed in AFMAN 14-304.

b. Prepare or review Contractor SCI billet/access requests to ensure satisfactory justification (need-to-know) and completeness of required information.

c. Approve and coordinate visits by Contractor employees when such visits are conducted as part of the contract effort.

d. Maintain records of all SCI material provided to the Contractor in support of the contract effort. By 15 January (annually), provide the Contractor, for inventory purposes, with a complete list of all documents transferred by contract number, organizational control number, copy number, and document title.

e. Determine dissemination of SCI studies or materials originated or developed by the Contractor.

f. Within 30 days after completion of the contract, provide written disposition instructions for all SCI material furnished to, or generated by, the Contractor with an information copy to the supporting SSO.

g. Review and forward all Contractor requests to process SCI electronically to the accrediting SSO for coordination through appropriate SCI channels.

h. Request for release of intelligence material to a Contractor must be prepared by the COR and submitted to the SSO. This should be accomplished as soon as possible after the contract has been awarded. The request will be prepared and accompanied with a letter explaining the requirement.

DD Form 254 Supplement Attachment 2

RELEASE OF NON-SENSITIVE COMPARTMENTED INFORMATION

(NON-SCI) INTELLIGENCE INFORMATION

TO

US/DoD Contractors DD FORM 254 ATTACHMENT

ATTACHMENT TO DD FORM 254 FOR CONTRACT NUMBER: TBD

CONTRACT EXPIRATION DATE: See Contract Award

1. Requirements for access to non-SCI:

a. All intelligence material released to the Contractor remains the property of the US Government and may be withdrawn at any time. Contractors must maintain accountability for all classified intelligence released into their custody.

b. The Contractor must not reproduce intelligence material without the written permission of the originating agency through the Special Security Office. If permission is granted, each copy shall be controlled in the same manner as the original.

c. The Contractor must not destroy any intelligence material without advance approval or as specified by the COR. (EXCEPTION: Classified waste shall be destroyed as soon as practicable in accordance with the provisions of the Industrial Security Program).

d. The Contractor must restrict access to only those individuals who possess the necessary security clearance and who are actually providing services under the contract with a valid need to know. Further dissemination to other Contractors, sub-Contractors, other government agencies, private individuals or organizations is prohibited unless authorized in writing by the originating agency through the COR.

e. The Contractor must ensure each employee having access to intelligence material is fully aware of the special security requirements for this material and shall maintain records in a manner that will permit the Contractor to furnish, on demand, the names of individuals who have had access to this material in their custody.

f. Intelligence material must not be released to foreign nationals or immigrant aliens whether they are consultants, US Contractors, or employees of the Contractor and regardless of the level of their security clearance, except with advance written permission from the originator. Requests for release to foreign nationals shall be initially forwarded to the COR and shall include:

(1) A copy of the proposed disclosure.

(2) Full justification reflecting the benefits to US interests.

(3) Name, nationality, particulars of clearance, and current access authorization of each proposed foreign national recipient.

g. Upon completion or termination of the classified contract, or sooner when the purpose of the release has been served, the Contractor will return all classified intelligence (furnished or generated) to the source from which received unless retention or other disposition instructions (see Air Force Records Disposition Schedule (RDS) located at https://afrims.amc.af.mil ) are authorized in writing by the COR.

h. The Contractor must designate an individual who is working on the contract as custodian. The designated custodian shall be responsible for receipting and accounting for all classified intelligence material received under this contract. This does not mean that the custodian must personally sign for all classified material. The inner wrapper of all classified material dispatched should be marked for the attention of a designated custodian and must not be opened by anyone not working directly on the contract.

i. Within 30 days after the final product is received and accepted by the procuring agency, classified intelligence materials released to or generated by the Contractor, must be returned to the originating agency through the COR unless written instructions authorizing destruction or retention are issued. Requests to retain material shall be directed to the COR for this contract in writing and must clearly indicate the justification for retention and identity of the specific document to be retained.

j. Classification, regrading, or declassification markings of documentation produced by the Contractor shall be consistent with that applied to the information or documentation from which the new document was prepared. If a compilation of information or a complete analysis of a subject appears to require a security classification other than that of the source documentation, the Contractor shall assign the tentative security classification and request instructions from the COR. Pending final determination, the material shall be safeguarded as required for its assigned or proposed classification, whichever is higher, until the classification is changed or otherwise verified.

2. Intelligence material carries special markings. The following is a list of the authorized control markings of intelligence material:

a. “Dissemination and Extraction of Information Controlled by Originator (ORCON).”

This marking is used, with a security classification, to enable a continuing knowledge and supervision by the originator of the use made of the information involved. This marking may be used on intelligence which clearly identifies, or would reasonably permit ready identification of an intelligence source or method which is particularly susceptible to countermeasures that would nullify or measurably reduce its effectiveness. This marking may not be used when an item or information will reasonably be protected by use of other markings specified herein, or by the application of the “need-to-know” principle and the safeguarding procedures of the security classification system.

b. “Authorized for Release to (Name of Country(ies)/International Organization.” The above is abbreviated “REL ________.” This marking must be used when it is necessary to identify classified intelligence material the US government originator has predetermined https://afrims.amc.af.mil/ to be releasable or has been released through established foreign disclosure channels to the indicated country(ies) or organization.

3. The following procedures govern the use of control markings.

a. Any recipient desiring to use intelligence in a manner contrary to restrictions established by the control marking set forth above shall obtain the advance permission of the originating agency through the COR. Such permission applies only to the specific purposes agreed to by the originator and does not automatically apply to all recipients.

Originators shall ensure that prompt consideration is given to recipients’ requests in these regards, with particular attention to reviewing and editing, if necessary, sanitized or paraphrased versions to derive a text suitable for release subject to lesser or no control markings.

b. The control marking authorized above shall be shown on the title page, front cover, and other applicable pages of documents, incorporated in the text of electrical communications, shown on graphics, and associated (in full or abbreviated form) with data stored or processed in automatic data processing systems. The control marking also shall be indicated by parenthetical use of the marking abbreviations at the beginning or end of the appropriate portions. If the control marking applies to several or all portions, the document must be marked with a statement to this effect rather than marking each portion individually.

c. The control markings shall be individually assigned at the time of preparation of intelligence products and used in conjunction with security classifications and other marking specified by E.O. 13526 and its implementing security directives. The marking shall be carried forward to any new format in which the same information is incorporated including oral and visual presentations.

DD Form 254 Supplement Attachment 3

Attachment 3 Extract from DoD 5400.7, Air Force Supplement

PROTECTING FOR OFFICIAL USE ONLY INFORMATON

1. GENERAL. Information that has not been given a security classification pursuant to the criteria of an Executive Order, but which may be withheld from the public because disclosure would cause a foreseeable harm to an interest protected by one or more FOIA exemptions 2 through 9 (see Chapter 3) shall be considered as being for official use only (FOUO). No other material shall be considered FOUO and FOUO is not authorized as an anemic form of classification to protect national security interests. Additional information on FOUO and other controlled, unclassified information may be found in reference (g) or by contacting the Directorate for Security, Office of the Assistant Secretary of Defense (Command, Control, Communications and Intelligence).

1.1. Prior FOUO Application. The prior application of FOUO markings is not a conclusive basis for withholding a record that is requested under the FOIA. When such a record is requested, the information in it shall be evaluated to determine whether disclosure would result in a foreseeable harm to an interest protected by one or more FOIA exemptions 2 through

9. Even if any exemptions apply, the record shall be released as a discretionary matter when it is determined that there is no foreseeable harm to an interest protected by the exemptions.

1.2. Historical Papers. Records such as notes, working papers, and drafts retained as historical evidence of DoD Component actions enjoy no special status apart from the exemptions under the FOIA (reference (a)).

1.3. Time to Mark Records. The marking of records at the time of their creation provides notice of FOUO content and facilitates review when a record is requested under the FOIA. Records requested under the FOIA that do not bear such markings shall not be assumed to be releasable without examination for the presence of information that requires continued protection and qualifies as exempt from public release.

1.4. Distribution Statement. Information in a technical document that requires a distribution statement pursuant to DoD Directive 5230.24 (reference (x)) shall bear that statement and may be marked FOUO, as appropriate.

2. MARKINGS

2.1. Location of Markings

2.1.1. An unclassified document containing FOUO information shall be marked "For Official Use Only" at the bottom on the outside of the front cover (if any), on each page containing FOUO information, and on the outside of the back cover (if any). Each paragraph containing FOUO information shall be marked as such.

2.1.2. Within a classified document, an individual page that contains both

FOUO and classified information shall be marked at the top and bottom with the highest security classification of information appearing on the page. Individual paragraphs shall be marked at the appropriate classification level, as well as unclassified or FOUO, as appropriate.

2.1.3. Within a classified document, an individual page that contains FOUO information but no classified information shall be marked "For Official Use Only" at the top and bottom of the page, as well as each paragraph that contains FOUO information.

2.1.4. Other records, such as photographs, films, tapes, or slides, shall be marked "For Official Use Only" or "FOUO" in a manner that ensures that a recipient or viewer is aware of the status of the information therein.

2.1.5. FOUO material transmitted outside the Department of Defense requires application of an expanded marking to explain the significance of the FOUO marking. This may be accomplished by typing or stamping the following statement on the record prior to transfer:

This document contains information

EXEMPT FROM MANDATORY DISCLOSURE

under the FOIA. Exemption(s)….. applies/apply.

2.1.5.1. (AF) Record owners may also add the following sentence to the statement above: “(Further distribution is prohibited without the approval of (owner’s organization, office symbol, and phone).)”

3. DISSEMINATION AND TRANSMISSION

3.1. Release and Transmission Procedures. Until FOUO status is terminated, the release and transmission instructions that follow apply:

3.1.1. FOUO information may be disseminated within DoD Components and between officials of DoD Components and DoD contractors, consultants, and grantees to conduct official business for the Department of Defense. Recipients shall be made aware of the status of such information, and transmission shall be by means that preclude unauthorized public disclosure. Transmittal documents shall call attention to the presence of FOUO attachments.

3.1.1.1. (AF) When deciding whether to send FOUO records over facsimile equipment, balance the sensitivity of the records against the risk of disclosure. When faxing, use cover sheets to indicate FOUO attachments (i.e., AF Form 3227, Privacy Act Cover Sheet, for Privacy Act information). Consider the location of sending and receiving machines and ensure authorized personnel are available to receive FOUO information as soon as it is transmitted.

3.1.3. DoD holders of FOUO information are authorized to convey such information to officials in other Departments and Agencies of the Executive and Judicial Branches to fulfill a government function, except to the extent prohibited by the Privacy Act.

Records thus transmitted shall be marked “For Official Use Only,” and the recipient shall be advised that the information may qualify for exemption from public disclosure, pursuant to the FOIA, and that special handling instructions do or do not apply.

3.1.4. Release of FOUO information to Members of Congress is governed by DoD Directive 5400.4 (reference (y)). Release to the GAO is governed by DoD Directive 7650.1 (reference (z)). Records released to the Congress or GAO should be reviewed to determine whether the information warrants FOUO status. If not, prior FOUO markings shall be removed or effaced. If withholding criteria are met, the records shall be marked FOUO and the recipient provided an explanation for such exemption and marking. Alternatively, the recipient may be requested, without marking the record, to protect against its public disclosure for reasons that are explained.

3.1.4.1. (AF) For Privacy Act records, refer to AFI 33-332 for specific disclosure rules. For releases to GAO and Congress, refer to AFI 90-401, Air Force Relations With Congress and AFI 65-401, Relations With the General Accounting Office.

3.2. Transporting FOUO Information. 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 or testing materials, that otherwise qualify under postal regulations, may be sent by fourth-class mail.

3.3. 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.

4. SAFEGUARDING FOUO INFORMATION

4.1. During 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.

4.2. During Nonduty 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 nonduty 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.

5. TERMINATION, DISPOSAL AND UNAUTHORIZED DISCLOSURES

5.1. 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.

5.2. Disposal

5.2.1. Nonrecord 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.

5.2.2. 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.

5.2.2.1. (AF) You may recycle FOUO material. Safeguard the FOUO documents or information to prevent unauthorized disclosure until recycling. Recycling contracts must include specific responsibilities and requirements on protecting and destroying FOUO and Privacy Act materials.

5.3. 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.