(联邦注册:2006年1月27日(第71卷18号)][拟议规则][4541 - 4543页 ] ======================================================================= ----------------------------------------------------------------------- 国家档案馆与记录管理局信息安全监督办公室32 CFR 2004 RIN 3095 - ab34一部分信息安全监督办公室;国家工业安全计划指令第1号机构:信息安全监督办公室(ISOO)，国家档案和记录管理局(NARA)。行动:执行指令;提出的规则。----------------------------------------------------------------------- 简介:信息安全监督办公室(ISOO)、国家档案和记录管理局(NARA)根据经修订的12829行政令第102(b)(1)条，将本指令作为拟议规则发布，涉及国家工业安全计划。该命令建立了国家工业安全计划(NISP)，以保护向美国政府的承包商、许可方和受让人发布的联邦政府机密信息。冗余、重叠或不必要的要求阻碍了这些利益。 Therefore, the NISP serves as the single, integrated, cohesive industrial security program to protect classified information and to preserve our Nation's economic and technological interests. This Directive sets forth guidance to agencies to set uniform standards throughout the NISP that promote these objectives. DATES: Comments must be received on or before March 13, 2006. ADDRESSES: You may submit comments, identified by ``RIN 3095-AB34,'' by any of the following methods: Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. E-mail:[电子邮件受保护]在消息的主题行中包含``rin 3095-ab34'。传真：（301）837-0319。邮寄：调节评论书桌（NPOL），4100房，国家档案馆[[第4542页]]和Records管理局，8601 Adelphi Road，College Park，MD 20740-6001.手交付/快递：条例评价办公桌（NPOL），4100室，国家档案馆和记录行政当局，8601公寓，大学公园，MD 20740-6001。有关详细信息，请联系：J. William Leonard，Isoo董事ISOO，202-219-5250。补充资料：根据执行订单12829，2003年1月6日（58 FR 3479）第102（b）（1）条的规定，根据行政命令12885，1993年12月14日修订（58 FR 65863）。本指令的目的是协助实施订单;该指令的用户应同时提及该订单以获取指导。截至1995年11月17日，ISOO成为奈良的一部分。本指令的起草，协调和发布符合授权于ISOO董事的执行责任之一。ISOO维持由执行订单12958的监督，经修订，并根据经修订的执行订单12829的政策监督。 Nothing in this directive shall be construed to supersede the authority of the Secretary of Energy or the Nuclear Regulatory Commission under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), or the authority of the Director of Central Intelligence under the National Security Act of 1947, as amended, or Executive Order No. 12333 of December 8, 1981, or the authority of the Director of National Intelligence under the Intelligence Reform and Terrorism Prevention Act of 2004. Requirements of the latter Act will necessitate additional future changes to Executive Order 12829 and this implementing Directive. The interpretive guidance contained in this proposed rule will assist agencies in implementing Executive Order 12829, as amended. The proposed rule is [not] a significant regulatory action for the purposes of Executive Order 12866. The proposed rule is [not] a major rule as defined in 5 U.S.C. Chapter 8, Congressional Review of Agency Rulemaking. As required by the Regulatory Flexibility Act, we certify that this proposed rule will [not] have a significant impact on a substantial number of small entities because it applies only to Federal agencies. List of Subjects in 32 CFR Part 2004 Classified information. 1. For the reasons set forth in the preamble, NARA proposes to amend Title 32 of the Code of Federal Regulations to add part 2004 as follows: PART 2004--NATIONAL INDUSTRIAL SECURITY PROGRAM DIRECTIVE NO. 1 Subpart A--Implementation and Oversight Sec. 2004.10 Responsibilities of the Director, Information Security Oversight Office (ISOO) [102(b)]. 2004.11 Agency implementing regulations, internal rules, or guidelines [102(b)(3)]. 2004.12 Reviews by ISOO [102(b)(4)]. Subpart B--Operations 2004.20 National Industrial Security Program Operating Manual (NISPOM) [201(a)]. 2004.21 Protection of classified information [201(e)]. 2004.22 Operational responsibilities [202(a)]. 2004.23 Cost reports [203 (d)]. 2004.24 Definitions. Authority: Section 102(b)(1) of Executive Order 12829, January 6, 2003, 58 FR 3479, as amended by Executive Order 12885, December 14, 1993, 58 FR 65863. Subpart A--Implementation and Oversight Sec. 2004.10 Responsibilities of the Director, Information Security Oversight Office (ISOO) [102(b)].1 --------------------------------------------------------------------------- \1\ Bracketed references pertain to related sections of Executive Order 12829, as amended by E.O. 12885. --------------------------------------------------------------------------- The Director ISOO shall: (a) Implement EO 12829, as amended. (b) Ensure that the NISP is operated as a single, integrated program across the Executive Branch of the Federal Government; i.e., that the Executive Branch departments and agencies adhere to NISP principles. (c) Ensure that each contractor's implementation of the NISP is overseen by a single Cognizant Security Authority (CSA), based on a preponderance of classified contracts per agreement by the CSAs. (d) Ensure that all Executive Branch departments and agencies that contract for classified work have included the Security Requirements clause, 52.204-2, from the Federal Acquisition Regulation (FAR), or an equivalent clause, in such contract. (e) Ensure that those Executive Branch departments and agencies for which the Department of Defense (DoD) serves as the CSA have entered into agreements with the DoD that establish the terms of the Secretary's responsibilities on behalf of those agency heads. Sec. 2004.11 Agency implementing regulations, internal rules, or guidelines [102(b)(3)]. (a) Reviews and Updates. All implementing regulations, internal rules, or guidelines that pertain to the NISP shall be reviewed and updated by the originating agency, as circumstances require. If a change in national policy necessitates a change in agency implementing regulations, internal rules, or guidelines that pertain to the NISP, the agency shall promptly issue revisions. (b) Reviews by ISOO. The Director, ISOO, shall review agency implementing regulations, internal rules, or guidelines, as necessary, to ensure consistency with NISP policies and procedures. Such reviews should normally occur during routine oversight visits, when there is indication of a problem that comes to the attention of the Director, ISOO, or after a change in national policy that impacts such regulations, rules, or guidelines. The Director, ISOO, shall provide findings from such reviews to the responsible department or agency. Sec. 2004.12 Reviews by ISOO [102(b)(4)]. The Director, ISOO, shall fulfill his monitoring role based, in part, on information received from NISP Policy Advisory Committee (NISPPAC) members, from on-site reviews that ISOO conducts under the authority of EO 12829, as amended, and from complaints and suggestions from persons within or outside the Government. Findings shall be reported to the responsible department or agency. Subpart B--Operations Sec. 2004.20 National Industrial Security Program Operating Manual (NISPOM) [201(a)]. (a) The NISPOM applies to release of classified information during all phases of the contracting process. (b) As a general rule, procedures for safeguarding classified information by contractors and recommendations for changes shall be addressed through the NISPOM coordination process that shall be facilitated by the Executive Agent. The Executive Agent shall address NISPOM issues that surface from industry, Executive Branch departments and agencies, or the NISPPAC. When consensus cannot be achieved through the NISPOM coordination process, the issue shall be raised to the NSC for resolution. Sec. 2004.21 Protection of classified information [201(e)]. Procedures for the safeguarding of classified information by contractors are [[Page 4543]] promulgated in the NISPOM. DoD, as the Executive Agent, shall use standards applicable to agencies as the basis for the requirements, restrictions, and safeguards contained in the NISPOM; however, the NISPOM requirements may be designed to accommodate as necessary the unique circumstances of industry. Any issue pertaining to deviation of industry requirements in the NISPOM from the standards applicable to agencies shall be addressed through the NISPOM coordination process. Sec. 2004.22 Operational responsibilities [202(a)]. (a) Designation of Cognizant Security Authority (CSA). The CSA for a contractor shall be determined by the preponderance of classified contract activity per agreement by the CSAs. The responsible CSA shall conduct oversight inspections of contractor security programs and provide other support services to contractors as necessary to ensure compliance with the NISPOM and that contractors are protecting classified information as required. DoD, as Executive Agent, shall serve as the CSA for all Executive Branch departments and agencies that are not a designated CSA. As such, DoD shall: (1) Provide training to industry to ensure that industry understands the responsibilities associated with protecting classified information. (2) Validate the need for contractor access to classified information, shall establish a system to request personnel security investigations for contractor personnel, and shall ensure adequate funding for investigations of those contractors under Department of Defense cognizance. (3) Maintain a system of eligibility and access determinations of contractor personnel. (b) General Responsibilities. Executive Branch departments and agencies that issue contracts requiring industry to have access to classified information and are not a designated CSA shall: (1) Include the Security Requirements clause, 52.204-2, from the FAR in such contracts; (2) Incorporate a Contract Security Classification Specification (DD 254) into the contracts in accordance with the FAR subpart 4.4; (3) Sign agreements with the Department of Defense as the Executive Agent for industrial security services; and (4) Ensure applicable department and agency personnel having NISP implementation responsibilities are provided appropriate education and training. Sec. 2004.23 Cost reports [203 (d)]. (a) The Executive Branch departments and agencies shall provide information each year to the Director, ISOO, on the costs within the agency associated with implementation of the NISP for the previous year. (b) The DoD as the Executive Agent shall develop a cost methodology in coordination with industry to collect the costs incurred by contractors of all Executive Branch departments and agencies to implement the NISP, and shall report those costs to the Director, ISOO, on an annual basis. Sec. 2004.24 Definitions. For the purposes of this part the following definitions apply: (a) Cognizant Security Agencies (CSAs) means the Executive Branch departments and agencies authorized in EO 12829, as amended, to establish industrial security programs: the Department of Defense, designated as the Executive Agent; the Department of Energy; the Nuclear Regulatory Commission; and the Central Intelligence Agency. (b) Contractor means any industrial, education, commercial, or other entity, to include licensees or grantees that has been granted access to classified information. Contractor does not include individuals engaged under personal services contracts. Dated: December 5, 2005. J. William Leonard, Director, Information Security Oversight Office. Approved: January 14, 2006. Allen Weinstein, Archivist of the United States. [FR Doc. E6-815 Filed 1-26-06; 8:45 am] BILLING CODE 7515-01-P