[Federal Register Volume 62, Number 84 (Thursday, May 1, 1997)]
[Rules and Regulations]
[Pages 23661-23666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9787]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Parts 1 and 8
[Docket No. OST-96-1427]
RIN: 2105-AC51
Classified Information
AGENCY: Office of the Secretary, DOT
ACTION: Final rule.
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SUMMARY: DOT revises its regulations regarding classification and
declassification of, and access to, classified information, and
delegates to the Assistant Secretary for Administration authority to
ensure compliance within DOT with the regulations and the underlying
Executive Orders. This action is taken in response to the President's
Regulatory Reinvention Initiative and in order to implement recent
Executive Orders.
DATES: This rule takes effect June 2, 1997.
FOR FURTHER INFORMATION CONTACT: Robert I. Ross, Office of the General
Counsel, C-10, Department of Transportation, Washington, DC 20590,
telephone (202) 366-9156, FAX (202) 366-9170.
SUPPLEMENTARY INFORMATION: In 1995, the President of the United States
issued two Executive Orders making substantial revisions to the rules
under which agencies of the Executive Branch, such as DOT, manage
information that requires special treatment in the interest of national
security. Briefly stated, Executive Order 12958 of April 17, 1995,
Classified National Security Information, requires that less
information be classified; and Executive Order 12968 of August 2, 1995,
Access to Classified Information, requires agencies to provide
administrative review of decisions to deny access to classified
information. This amendment seeks to implement both Orders. To foster
uniform administration within DOT, authority to ensure compliance is
being delegated to the Assistant Secretary for Administration.
Public comment was invited (61 FR 3886; July 1, 1996), but none was
received. The proposal is being promulgated without substantive change.
Analysis of regulatory impacts. This amendment is not a
``significant regulatory action'' within the meaning of Executive Order
12866. It is also not significant within the definition in DOT's
Regulatory Policies and Procedures, 49 FR 11034 (1979), in part because
it does not involve any change in important Departmental policies.
Because the economic impact should be minimal, further regulatory
evaluation is not necessary. Moreover, I certify that this amendment
will not have a significant economic impact on a substantial number of
small entities.
This amendment does not significantly affect the environment, and
therefore an environmental impact statement is not required under the
National Environmental Policy Act of 1969. It has also been reviewed
under Executive Order 12612, Federalism, and it has been determined
that it does not have sufficient implications for federalism to warrant
preparation of a Federalism Assessment.
Finally, the amendment does not contain any collection of
information requirements, requiring review under the Paperwork
Reduction Act of 1980.
List of Subjects
49 CFR Part 1
Authority delegations (government agencies), Organization and
functions (government agencies), Transportation Department.
49 CFR Part 8
Classified information. In accordance with the above, DOT amends 49
CFR, as follows:
PART 1 [AMENDED]
1. The authority citation for Part 1 continues to read as follows:
Authority: 49 U.S.C. 322.
2. In Sec. 1.59, a new paragraph (e) is added to read as follows:
Sec. 1.59 Delegations to the Assistant Secretary for Administration.
* * * * *
(e) * * *
(9) Ensure Department-wide compliance with Executive Orders 10450,
12829, 12958, 12968, and related regulations and issuances.
* * * * *
3. Part 8 is revised, to read as follows:
PART 8--CLASSIFIED INFORMATION: CLASSIFICATION/DECLASSIFICATION/
ACCESS
Subpart A--General
Sec.
8.1 Scope.
8.3 Applicability.
8.5 Definitions.
8.7 Spheres of responsibility.
Subpart B--Classification/Declassification of Information
8.9 Information Security Review Committee.
8.11 Authority to classify information.
8.13 Authority to downgrade or declassify.
8.15 Mandatory review for classification.
8.17 Classification challenges.
8.19 Procedures for submitting and processing requests for
classification reviews.
8.21 Burden of proof.
8.23 Classified information transferred to the Department of
Transportation.
Subpart C--Access to Information
8.25 Personnel Security Review Board.
8.27 Public availability of declassified information.
8.29 Access by historical researchers and former Presidential
appointees.
8.31 Industrial security.
Authority: E. O. 10450, 3 CFR, 1949-1953 Comp., p. 936; E. O.
12829, 3 CFR, 1993 Comp., p. 570; E. O. 12958, 3 CFR, 1995 Comp., p.
333; E. O. 12968, 3 CFR, 1995 Comp., p. 391.
Subpart A--General
Sec. 8.1 Scope.
This part sets forth procedures for the classification,
declassification, and availability of information that must be
protected in the interest of national security, in implementation of
Executive Order 12958 of April 17, 1995, ``Classified National Security
Information;'' and for the review of decisions to revoke, or not to
issue, national security information clearances, or to deny access to
[[Page 23662]]
classified information, under Executive Order 12968 of August 2, 1995,
``Access to National Security Information''.
Sec. 8.3 Applicability.
This part applies to all elements of the Department of
Transportation.
Sec. 8.5 Definitions.
As used in this part:
Classification means the act or process by which information is
determined to be classified information.
Classification levels means the following three levels at which
information may be classified:
(a) Top secret. Information that requires the highest degree of
protection, and the unauthorized disclosure of which could reasonably
be expected to cause exceptionally grave damage to the national
security that the original classification authority is able to identify
or describe.
(b) Secret. Information that requires a substantial degree of
protection, and the unauthorized disclosure of which could reasonably
be expected to cause serious damage to the national security that the
original classification authority is able to identify or describe.
(c) Confidential. Information that requires protection and the
unauthorized disclosure of which could reasonably be expected to cause
damage to the national security that the original classification
authority is able to identify or describe.
Classified information or ``classified national security
information'' means information that has been determined under
Executive Order 12958, or any predecessor or successor order, to
require protection against unauthorized disclosure, and is marked to
indicate its classified status when in documentary form.
Clearance means that an individual is eligible, under the standards
of Executive Orders 10450 and 12968 and appropriate DOT regulations,
for access to classified information.
Damage to the national security means harm to the national defense
or foreign relations of the United States from the unauthorized
disclosure of information, to include the sensitivity, value, and
utility of that information.
Declassification means the authorized change in the status of
information from classified information to unclassified information.
Downgrading means a determination by a declassification authority
that information classified and safeguarded at a specific level shall
be classified and safeguarded at a lower level.
Information means any knowledge that can be communicated, or
documentary material, regardless of its physical form or
characteristics, that is owned by, produced by or for, or is under the
control of the United States Government. ``Control'' means the
authority of the agency that originates information, or its successor
in function, to regulate access to the information.
Mandatory declassification review means the review for
declassification of classified information in response to a request for
declassification that qualifies under Section 3.6 of Executive Order
12958.
Original classification means an initial determination that
information requires, in the interest of national security, protection
against unauthorized disclosure.
Original classification authority means an individual authorized in
writing, either by the President or by agency heads or other officials
designated by the President, to classify information in the first
instance.
Sec. 8.7 Spheres of responsibility.
(a) Pursuant to Section 5.6(c) of Executive Order 12958, and to
section 6.1 of Executive Order 12968, the Assistant Secretary for
Administration is hereby designated as the senior agency official of
the Department of Transportation with assigned responsibilities to
assure effective compliance with and implementation of Executive Order
12958, Executive Order 12968, Office of Management and Budget
Directives, the regulations in this part, and related issuances.
(b) In the discharge of these responsibilities, the Assistant
Secretary for Administration will be assisted by the Director of
Security and Administrative Management, who, in addition to other
actions directed by this part, will evaluate the overall application of
and adherence to the security policies and requirements prescribed in
this part and who will report his/her findings and recommendations to
the Assistant Secretary for Administration, heads of Departmental
elements, and, as appropriate, to the Secretary.
(c) Secretarial Officers and heads of Departmental elements will
assure that the provisions in this part are effectively administered,
that adequate personnel and funding are provided for this purpose, and
that corrective actions that may be warranted are taken promptly.
Subpart B--Classification/Declassification of Information
Sec. 8.9 Information Security Review Committee.
(a) There is hereby established a Department of Transportation
Information Security Review Committee, which will have authority to:
(1) Act on all suggestions and complaints not otherwise resolved
with respect to the Department's administration of Executive Order
12958 and implementing directives, including those regarding
overclassification, failure to declassify, or delay in declassifying;
(2) Act on appeals of requests for classification reviews, and
appeals of requests for records under 5 U.S.C. 552 (Freedom of
Information Act) when the initial, and proposed final, denials are
based on continued classification of the record; and
(3) Recommend to the Secretary, when necessary, appropriate
administrative action to correct abuse or violation of any provision of
Executive Order 12598 and implementing directives.
(b) The Information Security Review Committee will be composed of
the Assistant Secretary for Administration, who will serve as Chair;
the General Counsel; and the Director of Security and Administrative
Management. When matters affecting a particular Departmental agency are
at issue, the Associate Administrator for Administration for that
agency, or the Chief of Staff for the U.S. Coast Guard, as the case may
be, will participate as an ad hoc member, together with the Chief
Counsel of that agency. Any regular member may designate a
representative with full power to serve in his/her place.
(c) In carrying out its responsibilities to review decisions to
revoke or not to issue clearances, or to deny access to classified
information, the Committee will establish whatever procedures it deems
fit.
Sec. 8.11 Authority to classify information.
(a) Executive Order 12958 confers upon the Secretary of
Transportation the authority to originally classify information as
SECRET or CONFIDENTIAL with further authorization to delegate this
authority.
(b) The following delegations of authority originally to classify
information as ``Secret'' or ``Confidential'', which may not be
redelegated, are hereby made:
(1) Office of the Secretary of Transportation. The Deputy
Secretary; Assistant Secretary for Administration; Director of
Intelligence and Security; Director of Security and Administrative
Management.
(2) United States Coast Guard. Commandant; Chief, Office of Law
Enforcement and Defense Operations.
[[Page 23663]]
(3) Federal Aviation Administration. Administrator; Assistant
Administrator for Civil Aviation Security.
(4) Maritime Administration. Administrator.
(c) Although the delegations of authority set out in paragraph (b)
of this section are expressed in terms of positions, the authority is
personal and is invested only in the individual occupying the position.
The authority may not be exercised ``by direction of'' a designated
official. The formal appointment or assignment of an individual to one
of the identified positions or a designation in writing to act in the
absence of one of these officials, however, conveys the authority
originally to classify information as ``SECRET''.
(d) Previous delegations and redelegations of authority within the
Department of Transportation originally to classify information are
hereby rescinded.
Sec. 8.13 Authority to downgrade or declassify.
Information originally classified by the Department may be
specifically downgraded or declassified by either the official
authorizing the original classification, if that official is still
serving in the same position, the originator's current successor in
function, a supervisory official of either, officials delegated
declassification authority in writing by the Secretary, or by the
Departmental Information Security Review Committee.
Sec. 8.15 Mandatory review for classification.
(a) All information classified by the Department of Transportation
under Executive Order 12958 or predecessor orders shall be subject to a
review for declassification if:
(1) the request for review describes the information with
sufficient specificity to enable its location with a reasonable amount
of effort; and
(2) the information has not been reviewed for declassification
within the prior two years. If the information has been reviewed within
the prior two years, or the information is the subject of pending
litigation, the requestor will be informed of this fact, and of the
Department's decision not to declassify the information and of his/her
right to appeal the Department's decision not to declassify the
information to the Interagency Security Classification Appeals Panel.
(b) All information reviewed for declassification because of a
mandatory review will be declassified if it does not meet the standards
for classification in Executive Order 12958. The information will then
be released unless withholding is otherwise authorized and warranted
under applicable law.
Sec. 8.17 Classification challenges.
(a) Authorized holders of information classified by the Department
of Transportation who, in good faith, believe that its classification
status is improper are encouraged and expected to challenge the
classification status of the information before the Departmental
Information Security Review Committee.
(1) No individual will be subject to retribution for bringing such
a challenge; and
(2) Each individual whose challenge is denied will be advised that
he/she may appeal to the Interagency Security Classification Appeals
Panel established by section 5.4 of Executive Order 12958.
(b) This classification challenge provision is not intended to
prevent an authorized holder of information classified by the
Department of Transportation from informally questioning the
classification status of particular information. Such information
inquiries should be encouraged as means to resolve classification
concerns and reduce the administrative burden of formal challenges.
Sec. 8.19 Procedures for submitting and processing requests for
classification reviews.
(a) The Director of Security and Administrative Management is
hereby designated as the official to whom a member of the public or
another department or agency should submit a request for a
classification review of classified information produced by or under
the primary cognizance of the Department. Elements of the Department
that receive a request directly will immediately notify the Director.
(b) If the request for classification review involves material
produced by or under the cognizance of the U.S. Coast Guard or the
Federal Aviation Administration, the Director will forward the request
to the headquarters security staff of the element concerned for action.
If the request involves material produced by other Departmental
elements, the Director will serve as the office acting on the request.
(c) The office acting on the request will:
(1) Immediately acknowledge receipt of the request and provide a
copy of the correspondence to the Director. If a fee for search of
records is involved pursuant to 49 CFR Part 7, the requester will be so
notified;
(2) Conduct a security review, which will include consultation with
the office that produced the material and with source authorities when
the classification, or exemption of material from automatic
declassification, was based upon determinations by an original
classifying authority; and
(3) Assure that the requester is notified of the determination
within 30 calendar days or given an explanation as to why further time
is necessary, and provide a copy of the notification to the Director.
(d) If the determination reached is that continued classification
is required, the notification to the requester will include, whenever
possible, a brief statement as to why the requested material cannot be
declassified. The notification will also advise the requester of the
right to appeal the determination to the Departmental Information
Security Review Committee. A requester who wishes to appeal a
classification review decision, or who has not been notified of a
decision after 60 calendar days, may submit an appeal to the
Departmental Information Security Review Committee.
(e) If the determination reached is that continued classification
is not required, the information will be declassified and the material
remarked accordingly. The office acting on the request will then refer
the request to the office originating the material or higher authority
to determine if it is otherwise withholdable from public release under
the Freedom of Information Act (5 U.S.C. 552) and the Department's
implementing regulations (49 CFR Part 7).
(1) If the material is available under the Freedom of Information
Act, the requester will be advised that the material has been
declassified and is available. If the request involves the furnishing
of copies and a fee is to be collected, the requester will be so
advised pursuant to 49 CFR Part 7, Departmental regulations
implementing the Freedom of Information Act.
(2) If the material is not available under the Freedom of
Information Act, the requester will be advised that the material has
been declassified but that the record is unavailable pursuant to the
Freedom of Information Act, and that the provisions concerning
procedures for reconsidering decisions not to disclose records,
contained in 49 CFR Part 7, apply.
(f) Upon receipt of an appeal from a classification review
determination based upon continued classification, the Departmental
Information Security Review Committee will acknowledge
[[Page 23664]]
receipt immediately and act on the matter within 30 calendar days. With
respect to information originally classified by or under the primary
cognizance of the Department, the Committee, acting for the Secretary,
has authority to overrule previous determinations in whole or in part
when, in its judgment, continued protection in the interest of national
security is no longer required. When the classification of the material
produced in the Department is based upon a classification determination
made by another department or agency, the Committee will immediately
consult with its counterpart committee for that department or agency.
(1) If it is determined that the material produced in the
Department requires continued classification, the requester will be so
notified and advised of the right to appeal the decision to the
Interagency Classification Review Committee.
(2) If it is determined that the material no longer requires
classification, it will be declassified and remarked. The Committee
will refer the request to the General Counsel, or to the head of the
Departmental agency concerned, as the case may be, to determine if the
material is otherwise withholdable from the public under the Freedom of
Information Act (5 U.S.C. 552) and Departmental regulations, (49 CFR
Part 7), and paragraphs (f)(1) and (2) of this section will be
followed. A copy of the response to the requester will be provided to
the Committee.
(g) Requests for a classification review of material more than 25
years old will be referred directly to the Archivist of the United
States and the requester will be notified of the referral. In this
event, the provisions of this section apply.
(h) Whenever a request is insufficient in the description of the
record sought, the requester will be asked to limit his request to
records that are reasonably obtainable. If, in spite of these steps,
the requester does not describe the records with sufficient
particularity, or the record requested cannot be obtained with a
reasonable amount of effort, the requester will be notified of the
reasons why the request is denied and of his/her right to appeal the
determination to the Departmental Information Security Review
Committee.
Sec. 8.21 Burden of proof.
For the purpose of determinations to be made under Secs. 8.13,
8.15, and 8.17, the burden of proof is on the originating Departmental
agency to show that continued classification is warranted.
Sec. 8.23 Classified information transferred to the Department of
Transportation.
(a) Classified information officially transferred to the Department
in conjunction with a transfer of function, and not merely for storage
purposes, will be considered to have been originated by the Department.
(b) Classified information in the custody of the Department
originated by a department or agency that has ceased to exist and for
whom there is no successor agency will be deemed to have been
originated by the Department. This information may be declassified or
downgraded by the Department after consultation with any other agency
that has an interest in the subject matter of the information. Such
agency will be allowed 30 calendar days in which to express an
objection, if it so desires, before action is taken. A difference of
opinion that cannot be resolved will be referred to the Departmental
Information Security Review Committee, which will consult with its
counterpart committee for the other agency.
(c) Classified information transferred to the National Archives and
Records Administration (NARA) will be declassified or downgraded by the
Archivist of the United States in accordance with Executive Order
12958, Departmental classification guides, and any existing procedural
agreement between NARA and the Department. The Department will take all
reasonable steps to declassify information contained in records
determined to have permanent historical value before they are
accessioned in NARA.
(d) To the extent practicable, the Department will adopt a system
of records management that will facilitate the public release of
documents at the time such documents are declassified under the
provisions of this part for automatic declassification. To the maximum
extent possible without destroying the integrity of the Department's
files, all such material will be segregated or set aside for public
release upon request. The Department will cooperate with the Archivist
in efforts to establish a Government-wide database of information that
has been declassified.
Subpart C--Access to Information
Sec. 8.25 Personnel Security Review Board.
(a) There is hereby established a Department of Transportation
Personnel Security Review Board, which will, on behalf of the Secretary
of Transportation (except in any case in which the Secretary personally
makes the decision), make the administratively final decision on an
appeal arising in any part of the Department from:
(1) A decision not to grant access to classified information;
(2) A decision to revoke access to classified information; or
(3) A decision under Sec. 8.29 to deny access to classified
information.
(b) The Personnel Security Review Board will be composed of:
(1) two persons appointed by the Assistant Secretary for
Administration: one from the Office of Personnel and Training, and one,
familiar with personnel security adjudication, from the Office of
Security and Administrative Management, who will serve as Chair;
(2) one person appointed by the General Counsel, who, in addition
to serving as a member of the Board, will provide to the Board whatever
legal services it may require; and
(3) one person appointed by each of the Commandant of the Coast
Guard and the Federal Aviation Administrator.
(4) Any member may designate a representative, meeting the same
criteria as the member, with full power to serve in his/her place.
(c) In carrying out its responsibilities to review final decisions
to revoke or deny access to classified information, the Board will
establish whatever procedures it deems fit.
Sec. 8.27 Public availability of declassified information.
(a) It is a fundamental policy of the Department to make
information available to the public to the maximum extent permitted by
law. Information that is declassified for any reason loses its status
as material protected in the interest of national security.
Accordingly, declassified information will be handled in every respect
on the same basis as all other unclassified information. Declassified
information is subject to the Departmental public information policies
and procedures, with particular reference to the Freedom of Information
Act (5 U.S.C. 552) and implementing Departmental regulations (49 CFR
Part 7).
(b) In furtherance of this policy, all classified material produced
after June 1, 1972 that is of sufficient historical or other value to
warrant preservation as permanent records in accordance with
appropriate records administrative standards, and that becomes
declassified, will be systematically reviewed prior to the end of each
calendar year for the purpose of making the material publicly
available. To the maximum extent possible without destroying the
integrity of the Department's files, all such material will
[[Page 23665]]
be segregated or set aside for public release upon request.
Sec. 8.29 Access by historical researchers and former Presidential
appointees.
(a) Historical researchers. (1) Persons outside the executive
branch who are engaged in historical research projects may have access
to classified information provided that:
(i) Access to the information is clearly consistent with the
interests of national security; and
(ii) The person to be granted access is trustworthy.
(2) The provisions of this paragraph apply only to persons who are
conducting historical research as private individuals or under private
sponsorship and do not apply to research conducted under Government
contract or sponsorship. The provisions are applicable only to
situations where the classified information concerned, or any part of
it, was originated by the Department or its contractors, or where the
information, if originated elsewhere, is in the sole custody of the
Department. Any person requesting access to material originated in
another agency or to information under the exclusive jurisdiction of
the National Archives and Records Administration (NARA) will be
referred to the other agency or to NARA, as appropriate.
(3) When a request for access to classified information for
historical research is received, it will be referred to the appropriate
local security office. That office will obtain from the applicant
completed Standard Form 86, Questionnaire for National Security
Positions, in triplicate, and Standard Form 87, Fingerprint Chart; a
statement in detail to justify access, including identification of the
kind of information desired and the organization or organizations, if
any, sponsoring the research; and a written statement (signed, dated,
and witnessed) with respect to the following:
(i) That the applicant will abide by regulations of the Department:
(A) To safeguard classified information; and
(B) To protect information that has been determined to be
proprietary or privileged and is therefore not eligible for public
dissemination.
(ii) That the applicant understands that any classified information
that the applicant receives affects the security of the United States.
(iii) That the applicant acknowledges an obligation to safeguard
classified information or privileged information of which the applicant
gains possession or knowledge as a result of the applicant's access to
files of the Department.
(iv) That the applicant agrees not to reveal to any person or
agency any classified information or privileged information obtained as
a result of the applicant's access except as specifically authorized in
writing by the Department, and further agrees that the applicant shall
not use the information for purposes other than those set forth in the
applicant's application.
(v) That the applicant agrees to authorize a review of the
applicant's notes and manuscript for the sole purpose of determining
that no classified information or material is contained therein.
(vi) That the applicant understands that failure to abide by
conditions of this statement will constitute sufficient cause for
canceling the applicant's access to classified information and for
denying the applicant any future access, and may subject the applicant
to criminal provisions of Federal law as referred to in this statement.
(vii) That the applicant is aware and fully understands that title
18, United States Code, Crimes and Criminal Procedures, and the
Internal Security Act of 1950, as amended, title 50, United States
Code, prescribe, under certain circumstances, criminal penalties for
the unauthorized disclosure of information respecting the national
security, and for loss, destruction, or compromise of such information.
(viii) That this statement is made to the U.S. Government to enable
it to exercise its responsibilities for the protection of information
affecting the national security.
(ix) That the applicant understands that any material false
statement that the applicant makes knowingly and willfully will subject
the applicant to the penalties of 18 U.S.C. 1001.
(4) The security office will process the forms in the same manner
as specified for a preappointment national agency check for a critical-
sensitive position. Upon receipt of the completed national agency
check, the security office, if warranted, may determine that access by
the applicant to the information will be clearly consistent with the
interests of national security and the person to be granted access is
trustworthy. If deemed necessary, before making its determination, the
office may conduct or request further investigation. Before access is
denied in any case, the matter will be referred through channels to the
Director of Security and Administrative Management for review and
submission to the Personnel Security Review Board for final review.
(5) If access to TOP SECRET or intelligence or communications
security information is involved a special background investigation is
required. However, this investigation will not be requested until the
matter has been referred through channels to the Director of Security
and Administrative Management for determination as to adequacy of the
justification and the consent of other agencies as required.
(6) When it is indicated that an applicant's research may extend to
material originating in the records of another agency, approval must be
obtained from the other agency prior to the grant of access.
(7) Approvals for access will be valid for the duration of the
current research project but no longer than 2 years from the date of
issuance, unless renewed. If a subsequent request for similar access is
made by the individual within one year from the date of completion of
the current project, access may again be granted without obtaining a
new National Agency Check. If more than one year has elapsed, a new
National Agency Check must be obtained. The local security office will
promptly advise its headquarters security staff of all approvals of
access granted under the provisions of this section.
(8) An applicant may be given access only to that classified
information that is directly pertinent to the applicant's approved
project. The applicant may review files or records containing
classified information only in offices under the control of the
Department. Procedures must be established to identify classified
material to which the applicant is given access. The applicant must be
briefed on local procedures established to prevent unauthorized access
to the classified material while in the applicant's custody, for the
return of the material for secure storage at the end of the daily
working period, and for the control of the applicant's notes until they
have been reviewed. In addition to the security review of the
applicant's manuscript, the manuscript must be reviewed by appropriate
offices to assure that it is technically accurate insofar as material
obtained from the Department is concerned, and is consistent with the
Department's public release policies.
(b) Former Presidential appointees. Persons who previously occupied
policymaking positions to which they were appointed by the President
may be granted access to classified information or material that they
originated, reviewed, signed, or received, while in public office,
provided that:
(1) It is determined that such access is clearly consistent with
the interests of national security; and
[[Page 23666]]
(2) The person agrees to safeguard the information, to authorize a
review of the person's notes to assure that classified information is
not contained therein, and that the classified information will not be
further disseminated or published.
Sec. 8.31 Industrial security.
(a) Background. The National Industrial Security Program was
established by Executive Order 12829 of January 6, 1993 for the
protection of information classified pursuant to Executive Order 12356
of April 2, 1982, National Security Information, or its predecessor or
successor orders, and the Atomic Energy Act of 1954, as amended. The
Secretary of Defense serves as the Executive Agent for inspecting and
monitoring contractors, licensees, grantees, and certificate holders
that require or will require access to, or that store or will store,
classified information, and for determining the eligibility for access
to classified information of contractors, licensees, certificate
holders, and grantees, and their respective employees.
(b) Implementing regulations. The Secretary of Transportation has
entered into agreement for the Secretary of Defense to render
industrial security services for the Department of Transportation.
Regulations prescribed by the Secretary of Defense to fulfill the
provisions of Executive Order 12829 have been extended to protect
release of classified information for which the Secretary of
Transportation is responsible. Specifically, this regulation is DOD
5220.22-M, National Industrial Security Program Operating Manual. This
regulation is effective within the Department of Transportation, which
functions as a User Agency as prescribed in the regulation. Appropriate
security staffs, project personnel, and contracting officers assure
that actions required by the regulation are taken.
Issued in Washington, DC, on March 24, 1997.
Rodney E. Slater,
Secretary of Transportation.
[FR Doc. 97-9787 Filed 4-30-97; 8:45 am]
BILLING CODE 4910-62-P
