32 C.F.R. § 117.20

Current through September 30, 2024
Section 117.20 - Critical Nuclear Weapon Design Information (CNWDI)
(a)General. This section contains the special requirements for protection of CNDWI. The sensitivity of DoD CNWDI is such that access shall be granted to the absolute minimum number of employees who require it for the accomplishment of assigned responsibilities on a classified contract. Because of the importance of such information, special requirements have been established for its control. DoDI 5210.02, "Access to and Dissemination of Restricted Data and Formerly Restricted Data" (available at: https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/521002p.pdf?ver=2019-01-14-072742-700) establishes these controls in the DoD.
(b)Briefings. Prior to having access to CNWDI, employees will be briefed on its sensitivity by the FSO or his or her alternate. The FSO will be initially briefed by a USG representative.
(1) The briefing will include:
(i) The definition of CNWDI.
(ii) A reminder of the extreme sensitivity of the information.
(iii) An explanation of the individual's continuing responsibility for properly safeguarding CNWDI and for ensuring that dissemination is strictly limited to other personnel who have been authorized for access and have a need-to-know for the particular information.
(2) The briefing will also be tailored to cover any special local requirements. Upon termination of access to CNWDI, the employee will be given an oral debriefing.
(c)Markings. In addition to any other required markings, CNWDI material will be clearly marked in accordance with DoDI 5210.02. At a minimum, CNWDI documents will show such markings on the cover or first page. Portions of documents that contain CNWDI will be marked with an (N) or (CNWDI) following the classification of the portion; for example, TS (RD)(N) or TS(RD)(CNWDI).
(d)Subcontractors. Contractors will not disclose CNWDI to subcontractors without the prior written approval of the GCA. This approval may be included in a contract security classification specification, or equivalent, other contract-related document, or by separate correspondence.
(e)Transmission outside the facility. Transmission of CNWDI outside the contractor's facility is authorized only to the GCA, or to a subcontractor as described in paragraph (d) of this section. Any other transmission must be approved by the GCA.
(1) Prior to transmission to another cleared facility, the contractor will verify from the CSA that the facility has been authorized access to CNWDI. When CNWDI is transmitted to another facility, the inner wrapping will be addressed to the personal attention of the FSO or his or her alternate, and in addition to any other prescribed markings, the inner wrapping will be marked: "Critical Nuclear Weapon Design Information-DoD Instruction 5210.02 Applies."
(2) The same marking will be used on the inner wrapping of transmissions addressed to the GCA or other USG.
(f)Records. Contractors will annotate CNWDI access in the CSA-designated database for all employees who have been authorized access to CNWDI.
(g)Nuclear weapon data. Some nuclear weapon data is divided into Sigma categories, the protection of which is prescribed by DOE Order 452.8 (available at: https://www.directives.doe.gov/directives-documents/400-series/0452.8-border/@@images/file). However, certain nuclear weapon data has been re-categorized as CNWDI and is protected as described in this section.

32 C.F.R. §117.20

85 FR 83312, 2/24/2021