[Federal Register Volume 78, Number 16 (Thursday, January 24, 2013)]
[Rules and Regulations]
[Pages 5116-5122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00532]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
14 CFR Part 1203
[Document No. NASA-2012-0006]
RIN 2700-AD61
NASA Information Security Protection
AGENCY: National Aeronautics and Space Administration.
ACTION: Direct final rule.
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SUMMARY: This direct final rule makes nonsubstantive changes to align
with and implement the provisions of Executive Order (E.O.) 13526,
Classified National Security Information, and appropriately to
correspond with NASA's internal requirements, NPR 1600.2, Classified
National Security Information, that establishes the Agency's
requirements for the proper implementation and management of a uniform
system for classifying, accounting, safeguarding, and declassifying
national security information generated by or in the possession of
NASA. The revisions to these rules are part of NASA's retrospective
plan under E.O. 13563 completed in August 2011. NASA's full plan can be
accessed on the Agency's open Government Web site at http://www.nasa.gov/open/.
DATES: This direct final rule is effective on March 25, 2013. Comments
due on or before February 25, 2013. If adverse comments are received,
NASA will publish a timely withdrawal of the rule in the Federal
Register.
ADDRESSES: Comments must be identified with RINs 2700-AD61 and may be
sent to NASA via the Federal E-Rulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting
comments. Please note that NASA will post all comments on the Internet
with changes, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Steve Peyton, 202-358-0191,
[email protected].
SUPPLEMENTARY INFORMATION:
Background
In accordance with E.O. 13526, Classified National Security
Information, 32 CFR part 2001, Information Security Oversight Office
(ISOO) Classified National Security Information Final Rule Implementing
Directive, E.O. 12968, Access to Classified Information, E.O. 13549,
Classified National Security Information Programs for State, Local,
Tribal and Private Sector Entities, E.O. 12829, National Industrial
Security Program, and 51 U. S. C., 20132 and 20133, National and
Commercial Space Program, the President and the NASA Administrator
establish security requirements, restrictions, and safeguards for NASA
information in the interest of national security.
Part 1203 is the foundation for establishing NASA's information
security program implementation requirements. It prescribes security
and protective services requirements for NASA Headquarters, NASA
Centers, and component facilities in order to protect the Agency's
employees, contractors, property, and information. Therefore, it is
being amended to comply with the Order and the Implementing Directive
and to clarify the requirements for establishing an Information
Security Program and handling National Security Information.
Additional provisions of part 1203 are implemented in NASA
Procedural Requirements (NPR) 1600.2, NASA Classified National Security
Information, to further ensure compliance. NPR 1600.2 can be accessed
at http://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPR&c=1600&s=2.
Direct Final Rule and Significant Adverse Comments
NASA has determined this rulemaking meets the criteria for a direct
final rule because it involves clarifications, updating, and
nonsubstantive changes to existing regulations. NASA does not
anticipate this direct final rule will result in major changes to its
security procedures. However, if NASA receives significant adverse
comments, NASA will withdraw this final rule by publishing a note in
the Federal Register in order to revisit the commented-on language. In
determining whether a comment necessitates withdrawal of this final
rule, NASA will consider whether it warrants a substantive response in
a notice and comment process.
Statutory Authority
Section 1203 is established under E.O. 13526, 32 CFR parts 2001 and
2003, the Implementing Directive, E.O. 12968 as amended, Access to
Classified Information, E.O. 13549, Classified National Security
Information Programs for State, Local, Tribal and Private Sector
Entities, E.O. 12829, National Industrial Security Program, and The
Space Act, in accordance with 51 U.S.C., National and Commercial Space
Program. Sections 20132 and 20133 authorize the NASA Administrator to
establish security rules and procedures to handle and safeguard
Classified National Security Information. The rules serve to achieve
compliance with the Administator's objectives for the protection of
NASA's personnel, property, and information.
Regulatory Analysis
Executive Order 12866, Regulatory Planning and Review and Executive
Order 13563, Improving Regulation and Regulation Review
Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been designated as ``administrative'' under
section 3(f) of Executive Order 12866. Accordingly, the rule has been
reviewed by the Office of Management and Budget.
Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to prepare an initial regulatory flexibility analysis to be
published at the time the proposed rule is published. This requirement
does not apply if the agency ``certifies that the rule will not, if
promulgated, have a significant economic impact on a substantial number
of small entities'' (5 U.S.C. 603). This rule does not have a
significant economic impact on a substantial number of small entities.
Review Under the Paperwork Reduction Act
This direct final rule does not contain any information collection
requirements subject to the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.).
Review Under Executive Order of 13132
E.O. 13132, ``Federalism,'' 64 FR 43255 (August 4, 1999) requires
regulations be reviewed for Federalism effects on the institutional
interest of states and local governments, and, if the
[[Page 5117]]
effects are sufficiently substantial, preparation of the Federal
assessment is required to assist senior policy makers. The amendments
will not have any substantial direct effects on state and local
governments within the meaning of the Order. Therefore, no Federalism
assessment is required.
List of Subjects in 14 CFR Part 1203
National security information, security information.
Accordingly, under the authority of the National Aeronautics and
Space Act, as amended, [51 U.S.C. 20113], NASA amends 14 CFR part 1203
as follows:
PART 1203--INFORMATION SECURITY PROGRAM
0
1. The authority citation for part 1203 is revised to read as follows:
Authority: E.O. 13526, E.O. 12968, E.O. 13549, E.O. 12829, 32
CFR part 2001, and 51 U.S.C., 20132, 20133.
Subpart A--Scope
0
2. Amend Sec. 1203.100 as follows:
0
a. In paragraph (a), remove E.O. number ``12958'' from the heading and
add in its place E.O. number ``13526'' and remove the citation ``(E.O.
12958, 3 CFR, 1996 Comp., p. 333), as amended (See, Order of October
13, 1995, 3 CFR, 1996 Comp., p. 513)''.
0
b. Revise paragraph (c)(1) introductory text.
0
c. In paragraph (c)(2) introductory text, add the word ``Space'' in
front of the word ``Act''.
The revision reads as follows:
Sec. 1203.100 Legal basis.
* * * * *
(c) * * *
(1) The National Aeronautics and Space Act (51 U.S.C. 20113)
(Hereafter referred to as, ``The Space Act''), states:
* * * * *
0
3. Amend Sec. 1203.101 by revising paragraph (c) to read as follows:
Sec. 1203.101 Other applicable NASA regulations.
* * * * *
(c) NASA Procedural Requirements (NPR) 1600.2, NASA Classified
National Security Information (CNSI).
Subpart B--NASA Information Security Program
0
4. Amend Sec. 1203.200 as follows:
0
a. Revise paragraph (b) introductory text.
0
b. In paragraph (c), remove the quotation marks from around the words
``The Order''.
The revision reads as follows:
Sec. 1203.200 Background and discussion.
* * * * *
(b) The Order was promulgated in recognition of the essential
requirement for an informed public concerning the activities of its
Government, as well as the need to protect certain national security
information from unauthorized disclosure. It delegates to NASA certain
responsibility for matters pertaining to national security and confers
on the Administrator of NASA, or such responsible officers or employees
as the Administrator may designate, the authority for original
classification of official information or material which requires
protection in the interest of national security. It also provides for:
* * * * *
Sec. 1203.201 [Amended]
0
5. In Sec. 1203.201(d), remove the words ``interchange of information,
techniques, or hardware'' and add in their place the words ``exchange
or sharing of information, techniques, hardware, software, or other
technologies''.
0
6. Amend Sec. 1203.202 as follows:
0
a. Revise paragraph (a) introductory text.
0
b. In paragraph (a)(1), add the acronym ``(NISP)'' after the word
``Program''.
0
c. In paragraph (a)(3), add the acronym ``NISPC'' after the words
``NASA Information Security Program Committee'' and remove the words
``NASA Information Security Program'' and add in their place the
acronym ``NISP''.
0
d. Revise paragraph (a)(4).
0
e. In paragraph (a)(5), remove the word ``Issuing'' and add in its
place the word ``Ensuring'' and add the words ``are developed for
NASA'' before the word ``programs''.
0
f. In paragraph (a)(6), remove the word ``30-year-old'' and add in its
place the word ``all''.
0
g. In paragraph (a)(7), add an apostrophe to the end of the word
``records'' at its second occurrence.
0
h. In paragraph (a)(8), remove the words ``NASA Information Security
Program'' and add in their place the acronym ``NISP''.
0
i. In paragraph (b), remove the words ``NASA Information Security
Program Committee'' and add in their place the acronym ``NISPC'' and
remove the word ``herein'' and add in its place the words ``in this
section''.
0
j. In paragraph (c)(2), remove the words ``NASA Information Security
Program Committee'' and add in their place the acronym ``NISPC''.
0
k. In paragraph (c)(3), add the words ``within a reasonable period''
after the word ``guidelines''.
0
l. In paragraph (d) introductory text, remove the words ``Officials-in-
Charge of Headquarters Offices'' and add in their place the words
``supervisors of NASA offices''.
0
m. In paragraph (d)(2), remove the word ``eliminate'' and add in its
place the word ``redact'' and add the words ``contained therein'' after
the word ``information''.
0
n. In paragraph (e) introductory text, remove the words ``Directors of
Field Installations'' and add in their place the words ``Chiefs of
Protective Services at NASA Centers''.
0
o. In paragraph (e)(1), add the words ``and submitting the guide to the
Office of Protective Services for review and approval'' after the word
``Guides''.
0
p. In paragraph (e)(2), remove the word ``installations'' and add in
its place the word ``Center''.
0
q. In paragraph (e)(3), remove the word ``eliminate'' and add in its
place the word ``redact''.
0
r. Revise paragraph (e)(4).
0
s. In paragraph (f), remove the words ``Senior Security Specialist,
NASA Security Office'' and add in their place the words ``Director of
the Office of Protective Services'' and remove the words ``NASA
Information Security Program Committee'' and add in their place the
acronym ``NISPC''.
0
t. In paragraph (g), remove the words ``Director, NASA Security
Management Office'' and add in their place the words ``Information
Security Program Manager, Office of Protective Services (OPS)''.
The revisions read as follows:
Sec. 1203.202 Responsibilities.
(a) The Chairperson, NASA Information Security Program Committee
(NISPC) (Subpart I of this part), who is the Assistant Administrator
for Protective Services, or designee, is responsible for:
* * * * *
(4) Coordinating NASA security classification matters with NASA
Centers and component facilities and other Government agencies.
* * * * *
(e) * * *
(4) Coordinating all security classification actions with the
Center's Protective Services Office.
* * * * *
0
7. In Sec. 1203.203, revise paragraphs (b)(1) and (2) to read as
follows:
Sec. 1203.203 Degree of protection.
* * * * *
(b)(1) Top Secret. Top Secret is the designation applied to
information or material, the unauthorized disclosure of
[[Page 5118]]
which could reasonably be expected to cause exceptionally grave damage
to the national security.
(2) Secret. Secret is the designation applied to information or
material, the unauthorized disclosure of which could reasonably be
expected to cause serious damage to the national security.
* * * * *
Subpart C--Classification Principles and Considerations
0
8. Revise Sec. 1203.302 to read as follows:
Sec. 1203.302 Compilation.
A compilation of items that are individually unclassified may be
classified if the compiled information reveals an additional
association or relationship that meets the standards of classification
under the Order; and is not otherwise revealed in the individual items
of information. As used in the Order, compilations mean an aggregate of
pre-existing unclassified items of information.
0
9. Revise Sec. 1203.303 to read as set forth below.
Sec. 1203.303 Distribution controls.
NASA shall establish controls over the distribution of classified
information to ensure that it is dispersed only to organizations or
individuals eligible for access to such information and with a need-to-
know the information.
Sec. 1203.304 [Amended]
0
10. Amend Sec. 1203.304 by removing the words ``in light of'' and add
in their place the words ``and weighed against''.
Sec. 1203.305 [Amended]
0
11. Amend Sec. 1203.305 by adding the words ``or by operation of law''
after the word ``originated,'' adding the words ``and Formerly
Restricted Data'' after the third occurrence of the word ``Data'', and
adding the words ``and/or Department of Defense'' after the word
``Energy''.
Subpart D--Guidance for Original Classification
0
12. Revise Sec. 1203.400 to read as follows:
Sec. 1203.400 Specific classifying guidance.
Technological and operational information and material, and in some
exceptional cases scientific information falling within any one or more
of the following categories, must be classified if its unauthorized
disclosure could reasonably be expected to cause some degree of damage
to the national security. In cases where it is believed that a contrary
course of action would better serve the national interests, the matter
should be referred to the Chairperson, NISPC, for a determination. It
is not intended that this list be exclusive; original classifiers are
responsible for initially classifying any other type of information
which, in their judgment, requires protection under Sec. 1.4 of ``the
Order.''
(a) Military plans, weapons systems, or operations;
(b) Foreign government information;
(c) Intelligence activities (including covert activities),
intelligence sources or methods, or cryptology;
(d) Foreign relations or foreign activities of the United States,
including confidential sources;
(e) Scientific, technological, or economic matters relating to the
national security;
(f) United States Government programs for safeguarding nuclear
materials or facilities;
(g) Vulnerabilities or capabilities of systems, installations,
infrastructures, projects, plans, or protection services relating to
the national security; or
(h) The development, production, or plans relating to the use of
weapons of mass destruction.
Sec. 1203.403 [Reserved]
0
13. Remove and reserve Sec. 1203.403.
Sec. 1203.405 [Amended]
0
14. Amend Sec. 1203.405 by removing from the last sentence ``, General
Services Administration, Washington, DC 20405,'' after the word
``Office.''
0
15. Amend Sec. 1203.406, in paragraph (b), by adding a new second
sentence to read as follows:
Sec. 1203.406 Additional classification factors.
* * * * *
(b) * * * The Office of Protective Services will coordinate with
the Information Security Oversight Office (ISOO) Committee and the
National Declassification Center to determine what classification
guides are current. * * *
0
16. Revise Sec. 1203.407 to read as follows:
Sec. 1203.407 Duration of classification.
(a) At the time of original classification, the original
classification authority shall establish a specific date or event for
declassification based on the duration of the national security
sensitivity of the information. Upon reaching the date or event, the
information shall be automatically declassified. Except for information
that should clearly and demonstrably be expected to reveal the identity
of a confidential human source or a human intelligence source or key
design concepts of weapons of mass destruction, the date or event shall
not exceed the timeframe established in paragraph (b) of this section.
(b) If the original classification authority cannot determine an
earlier specific date or event for declassification, information shall
be marked for declassification 10 years from the date of the original
decision, unless the original classification authority otherwise
determines that the sensitivity of the information requires that it be
marked for declassification for up to 25 years from the date of the
original decision.
(c) An original classification authority may extend the duration of
classification up to 25 years from the date of origin of the document,
change the level of classification, or reclassify specific information
only when the standards and procedures for classifying information
under this Order are followed.
(d) No information may remain classified indefinitely. Information
that is marked for an indefinite duration of classification under
predecessor orders, for example, information marked as ``Originating
Agency's Determination Required,'' or classified information that
contains either incomplete or no declassification instructions, shall
have appropriate declassification information applied in accordance
with part 3 of this order.
0
17. Section 1203.408 is amended as follows:
0
a. Revise the section heading.
0
b. Amend the introductory text and paragraphs (a) and (d) by removing
the word ``installation'' wherever it appears and adding in its place
the word ``Center''.
0
c. Add paragraph (e).
The revision and addition read as follows:
Sec. 1203.408 Assistance by Information Security Specialist in the
Center Protective Services Office.
* * * * *
(e) Forwarding all security classification guides to the Office of
Protective Services, NASA Headquarters, for final approval.
0
18. Amend Sec. 1203.409 as follows:
0
a. Revise paragraph (a).
0
b. Amend paragraph (c) by removing number ``30'' and adding in its
place the number ``90'' and removing ``GSA,''.
The revision reads as follows:
Sec. 1203.409 Exceptional cases.
(a) In those cases where a person not authorized to classify
information
[[Page 5119]]
originates or develops information which is believed to require
classification, that person must contact the Center's or installation's
Information Security Officer in the Protective Services Office to
arrange for proper review and safeguarding. Persons other than NASA
employees should forward the information to the NASA Central Registry
at 300 E Street SW., Washington, DC 20546, Attention: Office of
Protective Services.
* * * * *
0
19. Amend Sec. 1203.410 as follows:
0
a. Revise paragraphs (a), (c), (d), and (e).
0
b. Remove paragraphs (f) and (g).
The revisions read as follows:
Sec. 1203.410 Limitations.
(a) In no case shall information be classified, continue to be
maintained as classified, or fail to be declassified in order to:
(1) Conceal violations of law, inefficiency, or administrative
error;
(2) Prevent embarrassment to a person, organization, or agency;
(3) Restrain competition; or
(4) Prevent or delay the release of information that does not
require protection in the interest of the national security.
* * * * *
(c) Information may not be reclassified after declassification
after being released to the public under proper authority unless: The
reclassification is based on a document-by-document review by NASA and
a determination that reclassification is required to prevent at least
significant damage to the national security and personally approved in
writing by the Administrator, the Deputy Administrator, or the
Assistant Administrator for Protective Services. All reclassification
actions will be coordinated with the Information Security Oversight
Office before final approval; the information may be reasonably
recovered without bringing undue public attention to the information;
the reclassification action is reported promptly to the Assistant to
the President for National Security Affairs (the National Security
Advisor) and the Director of the Information Security Oversight Office;
and for documents in the physical and legal custody of the National
Archives and Records Administration (National Archives) that have been
available for public use, the Administrator, the Deputy Administrator,
or the Assistant Administrator for Protective Services, after making
the determinations required by this paragraph, shall notify the
Archivist of the United States (hereafter, Archivist), who shall
suspend public access pending approval of the reclassification action
by the Director of the Information Security Oversight Office. Any such
decision by the Director may be appealed by the agency head to the
President through the National Security Advisor. Public access shall
remain suspended pending a prompt decision on the appeal.
(d) Information that has not previously been disclosed to the
public under proper authority may be classified or reclassified after
an agency has received a request for it under the Freedom of
Information Act (5 U.S.C. 552), the Presidential Records Act, 44 U.S.C.
2204(c)(1), the Privacy Act of 1974 (5 U.S.C. 552a), or the mandatory
review provisions of section 3.5 of this Order only if such
classification meets the requirements of this Order and is accomplished
by document-by-document review with the personal participation or under
the direction of the Administrator, the Deputy Administrator, or the
Assistant Administrator for Protective Services. The requirements in
this paragraph also apply to those situations in which information has
been declassified in accordance with a specific date or event
determined by an original classification authority in accordance with
section 1.5 of this Order.
(e) Compilations of items of information that are individually
unclassified may be classified if the compiled information reveals an
additional association or relationship that:
(1) Meets the standards for classification under this Order; and
(2) Is not otherwise revealed in the individual items of
information.
0
20. Amend Sec. 1203.412 as follows:
0
a. Revise paragraphs (a)(3) and (5).
0
b. Amend paragraph (b), in the first sentence, by removing the word
``two'' and adding in its place the word ``five.''
The revisions read as follows:
Sec. 1203.412 Classification guides.
(a) * * *
(3) State the duration of each specified classification in terms of
a period of time or future event. If the original classification
authority cannot determine an earlier specific date or event for
declassification, information shall be marked for declassification 10
years from the date of the original decision, unless the original
classification authority otherwise determines that the sensitivity of
the information requires it be marked for declassification for up to 25
years from the date of the original decision.
* * * * *
(5) All security classification guides should be forwarded to the
Office of Protective Services for review and final approval. The Office
of Protective Services will maintain a list of all classification
guides in current use.
* * * * *
Subpart E--Derivative Classification
0
21. Revise Sec. 1203.500 to read as follows:
Sec. 1203.500 Use of derivative classification.
(a) Persons who reproduce, extract, or summarize classified
information, or who apply classification markings derived from source
material or as directed by a classification guide, need not possess
original classification authority.
(b) Persons who apply derivative classification markings shall:
(1) Be identified by name and position or by personal identifier,
in a manner that is immediately apparent for each derivative
classification action;
(2) Observe and respect original classification decisions; and
(3) Carry forward to any newly created documents the pertinent
classification markings. For information derivatively classified based
on multiple sources, the derivative classifier shall carry forward:
(i) The date or event for declassification that corresponds to the
longest period of classification among the sources or the marking
established pursuant to section 1.6(a)(4)(D) of the Order; and
(ii) A listing of the source materials.
(c) Derivative classifiers shall, whenever practicable, use a
classified addendum when classified information constitutes a small
portion of an otherwise unclassified document or prepare a product to
allow for dissemination at the lowest level of classification possible
or in unclassified form.
(d) Persons who apply derivative classification markings shall
receive training in the proper application of the derivative
classification principles of the Order, with an emphasis on avoiding
over-classification, at least once every two years. Derivative
classifiers who do not receive such training at least once every two
years shall have their authority to apply derivative classification
markings suspended until they have received such training. A waiver may
be granted by the Administrator, the Deputy Administrator, or the
Assistant
[[Page 5120]]
Administrator for Protective Services if an individual is unable to
receive such training due to unavoidable circumstances. Whenever a
waiver is granted, the individual shall receive such training as soon
as practicable.
Subpart F--Declassification and Downgrading
Sec. 1203.601 [Amended]
0
22. Amend Sec. 1203.601 by removing the words ``Officials authorized
original classification authority'' and adding in their place the words
``Authorized officials with Declassification Authority (DCA)''.
0
23. Revise Sec. 1203.602 to read as follows:
Sec. 1203.602 Authorization.
Information shall be declassified or downgraded by an authorized
DCA official. If that official is still serving in the same position,
the originator's successor, a supervisory official of either, or
officials delegated such authority in writing by the Administrator or
the Chairperson, NISPC, may also make a decision to declassify or
downgrade information.
0
24. Revise Sec. 1203.603 to read as follows:
Sec. 1203.603 Systematic review for declassification:
(a) General. (1) NASA must establish and conduct a program for
systematic declassification review of NASA-originated records of
permanent historical value exempted from automatic declassification
under section 3.3 of this Order. The NASA Office of Protective Services
shall prioritize the review of such records in coordination with the
Center Protective Service Offices.
(2) The Archivist shall conduct a systematic declassification
review program for classified records:
(i) Accessioned into the National Archives;
(ii) Transferred to the Archivist pursuant to 44 U.S.C. 2203; and
(iii) For which the National Archives serves as the custodian for
an agency or organization that has gone out of existence.
(3) The Chairperson, NISPC, shall designate experienced personnel
to assist the Archivist in the systematic review of U.S. originated
information and foreign information exempted from automated
declassification. Such personnel shall:
(i) Provide guidance and assistance to the National Archives and
Records Service in identifying and separating documents and specific
categories of information within documents which are deemed to require
continued classification; and
(ii) Develop reports of information or document categories so
separated, with recommendations concerning continued classification.
(iii) Develop, in coordination with NASA organizational elements,
guidelines for the systematic review for declassification of classified
information under NASA's jurisdiction. The guidelines shall state
specific limited categories of information which, because of their
national security sensitivity, should not be declassified
automatically, but should be reviewed to determine whether continued
protection beyond 25 years is needed. These guidelines are authorized
for use by the Archivist and the Director of the Information Security
Oversight Office, with the approval of the Senior Agency Official,
which is the Assistant Administrator, Office of Protective Services,
for categories listed in section 3.3 of the Order. These guidelines
shall be reviewed at least every five years and revised as necessary,
unless an earlier review for revision is requested by the Archivist.
Copies of the declassification guidelines promulgated by NASA will be
provided to the Information Security Oversight Office, National
Archives and Records Administration (NARA). All security classified
records exempt from automatic declassification, whether held in storage
areas under installation control or in Federal Records Centers, will be
surveyed to identify those requiring scheduling for future disposition.
(A) Classified information or material over which NASA exercises
exclusive or final original classification authority and which is to be
declassified in accordance with the systematic review guidelines shall
be so marked.
(B) Classified information or material over which NASA exercises
exclusive or final original classification authority and which, in
accordance with the systematic review guidelines is to be kept
protected, shall be listed by category by the responsible custodian and
referred to the Chairperson, NASA Information Security Program
Committee. This listing shall:
(1) Identify the information or material involved.
(2) Recommend classification beyond 25 years to a specific event
scheduled to happen or a specific period of time in accordance with the
Order.
(3) The Administrator shall delegate to the Senior Agency Official
the authority to determine which category shall be kept classified and
the dates or event for declassification.
(4) Declassification by the Director of the Information Security
Oversight Office (DISOO). If the Director determines that NASA
information is classified in violation of the Order, the Director may
require the information to be declassified. Any such decision by the
Director may be appealed through the NASA ISPC to the National Security
Council. The information shall remain classified pending a prompt
decision on the appeal.
(b) [Reserved]
0
25. Amend Sec. 1203.604 as follows:
0
a. Revise paragraphs (a) and (b).
0
b. Amend (c)(1) by removing the words ``installation which originated
the information'' and adding in their place the words ``Office of
Protective Services''.
0
c. Revise paragraph (c)(2).
0
d. Amend paragraph (d)(1) by removing the words ``shall be processed in
accordance with part 1206 of this chapter'' and adding in their place
the words ``cannot be processed under the MDR process''.
0
e. Revise paragraphs (d)(2) through (4).
0
f. Revise paragraphs (e)(1), (3) and (5).
0
g. Amend paragraph (e)(2) by removing the word ``installation'' and
adding in its place the words ``Office of Protective Services''.
0
h. Revise paragraph (g)(2)
The revisions read as follows:.
Sec. 1203.604 Mandatory review for declassification.
(a) Information covered. Except as provided in paragraph (b) of
this section, all information classified under the Order or predecessor
orders shall be subject to a review for declassification by the
originating agency if:
(1) The request for a review describes the document or material
containing the information with sufficient specificity to enable the
agency to locate it in a reasonably timely manner;
(2) The document or material containing the information responsive
to the request is not contained within an operational file exempted
from search and review, publication, and disclosure under 5 U.S.C. 552
in accordance with law; and
(3) The information is not the subject of pending litigation.
(b) Presidential papers. Information originated by the President or
Vice President; the President's White House Staff, or the Vice
President's Staff; committees, commissions, or boards appointed by the
President; or other entities within the Executive Office of the
President that solely advise and assist the President are exempted from
the provisions of paragraph (a) of this
[[Page 5121]]
section. However, the Archivist shall have the authority to review,
downgrade, and declassify papers or records of former Presidents and
Vice Presidents under the control of the Archivist pursuant to 44
U.S.C. 2107, 2111, 2111 note, or 2203. Procedures developed by the
Archivist shall provide for consultation with agencies having primary
subject matter interest and shall be consistent with the provisions of
applicable laws or lawful agreements that pertain to the respective
Presidential papers or records. Agencies with primary subject matter
interest shall be notified promptly of the Archivist's decision. Any
final decision by the Archivist may be appealed by the requester or an
agency to the Panel. The information shall remain classified pending a
decision on the appeal.
(c) * * *
(2) For the most expeditious action, requests from other
Governmental agencies or from members of the public should be submitted
directly to the NASA Office of Protective Services only. The requestor
may submit the request to: National Aeronautics and Space
Administration (NASA), Central Registry, 300 E Street SW., Washington
DC 20546, Attention: Office of Protective Services/Information Security
Program Manager. The phrase, ``Mandatory Declassification Review,''
must be stated in the request.
(d) * * *
(2) The request describes the document or material containing the
information with sufficient specificity, such as accession numbers, box
titles or numbers, date and title of document, in any combination, to
enable NASA to locate it with a reasonable amount of effort, not to
exceed 30 days. If more time is required, NASA will notify the
requester. After review, the information or any portion thereof that no
longer requires protection shall be declassified and released unless
withholding is otherwise warranted under applicable law.
(3) The requester shall be asked to correct a request that does not
comply with paragraph (d)(2) of this section, to provide additional
information, or to narrow the scope of the request; and shall be
notified that no action will be taken until the requester complies.
(4) If the request requires the rendering of services for which
fees may be charged under 31 U.S.C. 483a (1976), the rates prescribed
in Sec. 1206.700 shall be used, as appropriate.
(e) * * *
(1) The NASA Office of Protective Services review upon receiving
the initial request shall be completed within 365 days.
* * * * *
(3) All appeals of denials of requests for declassification shall
be acted upon and determined finally within 120 working days after
receipt, and the requester shall be advised that the appeal
determination is final. If the requester is dissatisfied with NASA's
appeal decision, the requester may initiate an appeal to the
Interagency Security Classification Appeals Panel (ISCAP), within the
Information Security Oversight Office. If continued classification is
required under the provisions of this part 1203, the requester shall be
notified of the reasons thereof.
* * * * *
(5) When the NASA Office of Protective Services receives any
request for declassification of information in documents in its custody
that was classified by another Government agency, it shall refer copies
of the request and the requested documents to the originating agency
for processing and may, after consultation with the originating agency,
inform the requester of the referral.
* * * * *
(g) * * *
(2) Material not officially transferred. When NASA has in its
possession classified information or material originated by an agency
which has since ceased to exist and that information has not been
officially transferred to another department or agency or when it is
impossible for NASA to identify the originating agency and a review of
the material indicates that it should be downgraded or declassified,
NASA shall be deemed to be the originating agency for the purpose of
declassifying or downgrading such material. NASA will consult with the
Information Security Oversight Office to assist in final disposition of
the information.
* * * * *
Subpart G--[Removed and Reserved]
0
26. Remove and reserve Subpart G, consisting of Sec. Sec. 1203.700
through 1203.703.
Subpart H--Delegation of Authority To Make Determinations in
Original Classification Matters
0
27. Revise Sec. 1203.800, Sec. 1203.801 and Sec. 1203.802 to read as
follows:
Sec. 1203.800 Establishment.
Pursuant to Executive Order 13526, ``Classified National Security
Information,'' and The Space Act, in accordance with U.S.C. Title 51,
National and Commercial Space Program Sections 20132 and 20133, there
is established a NASA Information Security Program Committee (as part
of the permanent administrative structure of NASA). The NASA Assistant
Administrator for Protective Services, or designee, shall be the
Chairperson of the Committee. The Information Security Program Manager,
NASA Office of Protective Services, is designated to act as the
Committee Executive Secretary.
Sec. 1203.801 Responsibilities.
(a) The Chairperson reports to the Administrator concerning the
management and direction of the NASA Information Security Program as
provided for in subpart B of this part. In this connection, the
Chairperson is supported and advised by the Committee.
(b) The Committee shall act on all appeals from denials of
declassification requests and on all suggestions and complaints with
respect to administration of the NASA Information Security Program as
provided for in subpart B of this part.
(c) The Executive Secretary of the Committee shall maintain all
records produced by the Committee, its subcommittees, and its ad hoc
panels.
(d) The Office of Protective Services will provide staff assistance
and investigative and support services for the Committee.
Sec. 1203.802 Membership.
The Committee membership will consist of the Chairperson, the
Executive Secretary, and one person nominated by each of the following
NASA officials:
(a) The Associate Administrators for:
(1) Aeronautics.
(2) Science Missions Directorate.
(3) Human Explorations and Operations.
(4) International and Interagency Relations.
(b) The Associate Administrator.
(c) The General Counsel.
(d) The Chief Information Officer.
(e) Other members may be designated upon specific request of the
Chairperson.
0
28. Add Sec. 1203.803 and Sec. 1203.804 to subpart H to read as
follows:
Sec. 1203.803 Ad hoc committees.
The Chairperson is authorized to establish such ad hoc panels or
subcommittees as may be necessary in the conduct of the Committee's
work.
Sec. 1203.804 Meetings.
(a) Meetings will be held at the call of the Chairperson.
[[Page 5122]]
(b) Records produced by the Committee and the minutes of each
meeting will be maintained by the Executive Secretary.
Subpart I--NASA Information Security Program Committee
0
29. Revise Sec. 1203.900 to read as follows:
Sec. 1203.900 Establishment.
Pursuant to Executive Order 13526, ``Classified National Security
Information,'' and The Space Act, in accordance with U.S.C. Title 51,
National and Commercial Space Program Sections 20132 and 20133, there
is established a NASA Information Security Program Committee (as part
of the permanent administrative structure of NASA. The NASA Assistant
Administrator for Protective Services, or designee, shall be the
Chairperson of the Committee. The Information Security Program Manager,
NASA Office of Protective Services, is designated to act as the
Committee Executive Secretary.
Sec. 1203.901 [Amended]
0
30. Amend Sec. 1203.901, in paragraph (d), by removing the words
``NASA Security Office, NASA Headquarters'' and adding in their place
the ``Office of Protective Services''.
0
31. Add subpart J to read as follows:
Subpart J--Special Access Programs (SAP) and Sensitive Compartmented
Information (SCI) Programs
Sec.
1203.1000 General.
1203.1001 Membership.
1203.1002 Ad hoc committees.
1203.1003 Meetings.
Subpart J--Special Access Programs (SAP) and Sensitive
Compartmented Information (SCI) Programs
Sec. 1203.1000 General.
A SAP or SCI program shall be created within NASA only upon
specific written approval of the Administrator and must be coordinated
with the Assistant Administrator for Protective Services, or designee,
to ensure required security protocols are implemented and maintained.
Sec. 1203.1001 Membership.
The Committee membership will consist of the Chairperson, the
Executive Secretary, and one person nominated by each of the following
NASA officials:
(a) The Associate Administrators for:
(1) Aeronautics.
(2) Science Missions Directorate.
(3) Human Explorations and Operations.
(4) International and Interagency Relations.
(b) The Associate Administrator.
(c) The General Counsel.
(d) The Chief Information Officer.
(e) Other members may be designated upon specific request of the
Chairperson.
Sec. 1203.1002 Ad hoc committees.
The Chairperson is authorized to establish such ad hoc panels or
subcommittees as may be necessary in the conduct of the Committee's
work.
Sec. 1203.1003 Meetings.
(a) Meetings will be held at the call of the Chairperson.
(b) Records produced by the Committee and the minutes of each
meeting will be maintained by the Executive Secretary.
Charles F. Bolden, Jr.,
Administrator.
[FR Doc. 2013-00532 Filed 1-23-13; 8:45 am]
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