223.5—Responsibilities.

(a) The Assistant Secretary of Defense for Command, Control, Communications, and Intelligence shall:
(1) Administer the DoD program for controlling DoD UCNI.
(2) Coordinate DoD compliance with the DoE program for controlling DoE UCNI.
(3) Prepare and maintain the reports required by 10 U.S.C. 128.
(b) The Assistant Secretary of Defense (Public Affairs) shall provide guidance to the Assistant Secretary of Defense for Command, Control, Communications, and Intelligence (ASD(C3I)), other elements of the OSD, and the Heads of the DoD Components on the FOIA (5 U.S.C. 552 ), as implemented in DoD 5400.7-R, 4 as it applies to the DoD UCNI Program.

Code of Federal Regulations


Footnote(s): 4 See footnote 3 to section 223.2(c) .
(c) The Heads of the DoD Components shall:
(1) Implement this part in their DoD Components.
(2) Advise the ASD(C3I) of the following, when information not in the guidelines in appendix B to this part is determined to be DoD UCNI:
(i) Identification of the type of information to be controlled as DoD UCNI. It is not necessary to report each document or numbers of documents.
(ii) Justification for identifying the type of information as DoD UCNI, based on the guidelines in appendix B to this part and prudent application of the adverse effects test.