[Federal Register Volume 61, Number 127 (Monday, July 1, 1996)]
[Proposed Rules]
[Pages 33886-33891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16524]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Parts 1 and 8
[Docket No. OST-96-1427; Notice 96-16]
RIN: 2105-AC51
Classified Information; Revision
AGENCY: Department of Transportation (DOT), Office of the Secretary.
ACTION: Notice of proposed rulemaking.
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SUMMARY: DOT proposes to revise its regulations regarding
classification and declassification of, and access to, classified
information, and to delegate 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: Comments are due August 30, 1996.
ADDRESSES: Comments should be addressed to Documentary Services
Division, Attention: Docket Section, Room PL401, Docket No. OST-96-
1427, Department of Transportation, C-55, Washington, DC 20590. Any
person wishing acknowledgment that his/her comments have been received
should include a self-addressed stamped postcard. Comments received
will be available for public inspection and copying in the Documentary
Services Division, Room PL401, Department of Transportation Building,
400 Seventh Street, SW, Washington, DC, from 10:00 a.m. to 5:00 p.m. ET
Monday through Friday except Federal holidays.
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 proposal seeks to implement both Orders. To
[[Page 33887]]
foster uniform administration within DOT, authority to ensure
compliance is being delegated to the Assistant Secretary for
Administration.
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 proposal will not have a significant economic impact on a
substantial number of small entities.
This proposal 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 proposal 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 proposes to amend 49 CFR, as
follows:
PART 1--[AMENDED]
1. The authority citation for part 1 would continue to read as
follows:
Authority: 49 USC 322.
2. In Sec. 1.59, a new paragraph (e)(9) would be 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 would be 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: EO 10450, 18 FR 2489, 3 CFR 1949-1953, Com., p. 936;
EO 12829, 58 FR 3479; EO 12458, 60 FR 19825; EO 12968, 60 FR 40245.
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
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
[[Page 33888]]
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, these regulations, and related issuances.
(b) In the discharge of these responsibilities, the Assistant
Secretary for Administration will be assisted by the Director of
Security, 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 herein 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 herein 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. 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 with further authorization to delegate this authority.
(b) The following delegations of authority to originally classify
information as ``SECRET'', 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.
(2) United States Coast Guard. Commandant; Chief, Office of Law
Enforcement and Defense Operations.
(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 to
originally classify information as ``SECRET''.
(d) Previous delegations and redelegations of authority within the
Department of Transportation to originally 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 Sec. 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
[[Page 33889]]
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 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 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 Sec. 8.19 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
[[Page 33890]]
counterpart committee for the other agency.
(c) Classified information transferred to the National Archives and
Records Administration will be declassified or downgraded by the
Archivist in accordance with Executive Order 12958, Departmental
classification guides, and any existing procedural agreement between
the Archivist 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 the National Archives.
(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 of this part 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, 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 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 will be referred to
the other agency or to the National Archives and Records
Administration, 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
[[Page 33891]]
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 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
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 1 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 1 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 these provisions.
(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
(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 May 31, 1996.
Federico Pena,
Secretary of Transportation.
[FR Doc. 96-16524 Filed 6-28-96; 8:45 am]
BILLING CODE 4910-62-P
