223.2—Applicability and scope.
This part:
(a)
Applies to the Office of the Secretary of Defense (OSD), the Military Departments, the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Unified and Specified Commands, the Defense Agencies, and the DoD Field Activities (hereafter referred to collectively as “the DoD Components”).
(b)
Implements 10 U.S.C. 128, which is the statutory basis for controlling the DoD UCNI in the Department of Defense. 10 U.S.C. 128 also constitutes the authority for invoking 32 CFR part 286 to prohibit mandatory disclosure of DoD UCNI under the “Freedom of Information Act (FOIA)” in 5 U.S.C. 552.
(c)
Supplements the security classification guidance contained in CG-W-5 1 and CG-SS-1 2 and DoD Instruction 5210.67 3 by establishing procedures for identifying, controlling, and limiting the dissemination of unclassified information on the physical protection of DoD SNM.
Code of Federal Regulations
Footnote(s): 1 Controlled document. Not releasable to the public.
Code of Federal Regulations
Footnote(s): 2 Requests may be forwarded to U.S. Department of Energy (Forrestal Building), 100 Independence Avenue, SW., Attention: Distribution Office of DOE Publications, Washington, DC 20585.
Code of Federal Regulations
Footnote(s): 3 Copies may be obtained, at cost, from the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161.
(d)
Applies to all SNM, regardless of form, in reactor cores or to other items under the direct control of the DoD Components.
(e)
Applies equally to DoE UCNI under DoD control, except the statute applicable to DoE UCNI (42 U.S.C. 2011
et seq.) must be used with the concurrence of the DoE as the basis for invoking FOIA ( section 552 of 10 U.S.C.).