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May 6, 1996 ASD(PA)
References: (a) DOD Directive 5230.9, "Clearance
of DOD Information for Public Release," April 9, 1996
(b) DOD Directive 5400.4, "Provision of Information to Congress," January
30, 1978
(c) DOD Directive 5230.24, "Distribution Statements on Technical Documents,"
March 18, 1987
(d) DOD Directive 5230.25, "Withholding of Unclassified Technical Data
from Public Disclosure,"
November 6, 1984
(e) International Traffic in Arms Regulation (ITAR),Department of State,
November 1989
A. PURPOSE
This Instruction implements policy, assigns responsibilities, identifies
information that must be cleared before public release, and prescribes
procedures under reference (a) to carry out security and policy review of
DOD information for public release.
B. APPLICABILITY
This Instruction applies to the Office of the Secretary of Defense, the
Military Departments, the Chairman of the Joint Chiefs of Staff, the
Unified Combatant Commands, the Defense Agencies, and the DOD Field
Activities (hereafter referred to collectively as "the DOD Components").
C. DEFINITIONS
Terms used in this Instruction are defined in enclosure 2 of reference (a)
D. POLICY
It is DOD policy under reference (a) that a security and policy review
shall be done on all official DOD information intended for public release
that pertains to military matters, national security issues, or subjects
of significant concern to the Department of Defense.
E. RESPONSIBILITIES
1. The Assistant Secretary of Defense for Public Affairs shall:
a. Monitor compliance with the procedures established in section F.,
below, for the security and policy review of official DOD information.
b. Provide for the prompt security and policy review of official DOD
information proposed for public release that is originated by, in, or for
the Department of Defense, to include statements intended for open
presentation before the Congress and other material submitted to the
Congress in accordance with DOD Directive 5400.4 (reference (b)). The
review is made to ensure that properly classified information is not
disclosed and no conflict exists with established policies or programs of
the Department of Defense or the U.S. Government
c. Coordinate, as necessary, with the staffs of the DOD Components when
reviewing official DOD information for public release clearance to ensure
accuracy and currency of existing policy and security guidance.
d. Respond to requests for review of information submitted voluntarily
by non-DOD sources or DOD personnel acting in a private capacity to ensure
that such material does not contain classified information. This review
shall also address technology transfer and public releasability of
technical data under DOD Directives 5230.24 and .5230.25, and the ITAR
(references (c) through (e)).
2. The General Counsel of the Department of Defense shall conduct legal
reviews, as needed, to ensure compliance with applicable laws and
regulations to protect DOD rights and interests.
3. The Heads of the DOD Components shall:
a. Ensure compliance with this Instruction and issue any guidance
necessary for the internal administration of the requirements prescribed
in section F., below.
b. Forward official DOD information specified under subsection F.1.,
below, which is proposed for public release to the Assistant Secretary of
Defense for Public Affairs, ATTN: Director for Freedom of Information
and
Security Review (DFOISR), for review and clearance, as prescribed in
subsection F.2., below, with specific recommendation on the releasability
of the information being forwarded.
c. Provide prompt guidance and assistance to the ASD(PA), when requested,
on any information proposed for public release.
d. Exercise clearance authority for information not specified under
subsection F.1., below. This authority may be delegated to the lowest
level competent to evaluate the content and implications of public release
of the information.
F. PROCEDURES
1. Clearance Requirements. Official DOD information that is
prepared by
or for DOD personnel and is proposed for public release shall be
submitted to the ASD(PA), ATTN: DFOISR, 1400 Defense Pentagon, Room
2C757, Washington DC 20301-1400, for review and clearance, if the
information:
a. Originates or is proposed for release in the Washington D.C. area;
b. Is or has the potential to become an item of national or international
interest;
c. Affects national security policy or foreign relations;
d. Concerns a subject of potential controversy among the DOD Components
or with other Federal Agencies;
e. Is presented by a DOD employee, who by virtue of rank, position, or
expertise would be considered an official DOD spokesperson;
f. Contains technical data, including data developed under contract or
independently developed and controlled by the ITAR (reference (e)) that
may be militarily critical and subject to limited distribution, but on
which a distribution determination has not been made; or,
g. Bears on any of the following subjects:
(1) New weapons or weapons systems, or significant modifications or
improvements to existing weapons or weapons systems, equipment, or
techniques.
(2) Military operations, significant exercises, and operations security.
(3) National Command Authorities; command, control, communications,
computers, and intelligence; information warfare and computer security.
(4) Military activities or application in space; nuclear weapons,
including nuclear weapons effects research; chemical warfare and
defensive biological warfare; and arms control treaty implementation.
(5) Any other contemporary topic that is designated by the ASD(PA).
2. Submission for Review. The following procedures apply to all
information required to be submitted to DFOISR for clearance:
a. A minimum of five copies of material, in its final form, shall be
submitted, together with DD Form 1910, "Clearance Request for Public
Release of Department of Defense Information," to DFOISR.
b. Any material submitted for review shall be initialed by the speaker,
author, or other authorized individual acting for the principal to
indicate approval of the text.
c. All information submitted for review to DFOISR must first be
coordinated within the originating DOD Component to ensure that it
reflects the organization's policy position and does not contain
classified information requiring withholding.
d. Only the full and final text of material proposed for release shall
be
submitted for review. Notes, outlines, briefing charts, etc., may not
be
submitted as a substitute for a complete text.
e. Abstracts to be published in advance of a complete paper, manuscript,
etc., require clearance. Clearance of an abstract does not fulfil the
requirement to submit the full text for clearance before its publication.
If an abstract is cleared in advance, that fact, and the DFOISR case
number assigned to the abstract, shall be noted on the DD Form 1910 or
other transmittal when the full text is submitted.
f. The requirements of DOD Directive 5400.4 (reference (b)) shall apply
to the processing of information proposed for submission to Congress.
g. Information intended for placement on electronic bulletin boards
accessible through the INTERNET, or other publicly accessible computer
servers, requires review and clearance for public release if, it meets the
requirements of subsection F.l., above.
3. Time Limits
a. Submit speeches and briefings a minimum of 3 working days before the
event. Additional time may be needed for complex or potentially
controversial speeches.
b. Papers, articles, and other material shall be submitted a minimum of
5 working days before the date needed. The length, complexity, and
content shall determine the number of reviewing Agencies and,
consequently, the time required for the complete review process.
c. Technical papers shall require a minimum of 10 working days.
The
majority of papers are processed in that time-frame. Occasionally, more
time is needed if the material is complex or requires review by several
agencies.
4. Effect of Review Actions and Appeals
a. Information reviewed for public release clearance shall result in one
of the following actions:
(1) Cleared for Open Publication. The information may be released
without restriction by the originating Component or its authorized
official. DFOISR may require a disclaimer to accompany the information,
as follows:
"The views expressed are those of the author and do not reflect the
official policy or position of the Department of Defense or the U.S.
Government."
(2) Cleared "as amended" for omen publication Amendments, made in red,
are binding on the submitter. Red brackets identify information that must
be deleted. When possible, alternative wording is provided to substitute
for the deleted material. Occasionally, wording will be included that
shall be added to the text before public release. A disclaimer, as in
subparagraph F.4.a.(1), above, may also be required.
(3) Not Cleared. The information submitted for review may not be
released.
b. Although DFOISR has no responsibility for correcting errors of fact
or
making editorial changes, obvious errors may be identified in the text and
noted as "recommended." Those corrections are not binding on the author
or submitter.
c. All amendments or "not cleared" determinations may be appealed through
DFOISR to the ASD(PA). All appeals shall be resolved at the lowest
practical level and as quickly as possible.
G. EFFECTIVE DATE
This Instruction is effective immediately.
Clifford H. Bernath
Principal Deputy Assistant
Secretary of Defense
for Public Affairs