[执行订单]

国家工业安全计划

EO 12829.

1993年1月6日


前任。ORD。1993年1月6日,1993年1月6日,58号。3479,由前任修订。ORD。12885年12月14日,1993年12月14日,58 F.R.65863(35863年):该订单建立了一个国家工业安全计划,以保护联邦政府的分类信息,该信息被发布给美国政府的承包商,持牌人和授权人。为促进我们的国家利益,美国政府发行合同,许可证,并拨款给非政府组织。金博宝正规网址当这些安排需要访问分类信息时,国家安全要求这些信息以等同于政府行政部门的行政部门的保护的方式保护。国家安全还要求我们的工业安全方案促进了美国的经济和技术利益。 Redundant, overlapping, or unnecessary requirements impede those interests. Therefore, the National Industrial Security Program shall serve as a single, integrated, cohesive industrial security program to protect classified information and to preserve our Nation's economic and technological interests. Therefore, by the authority vested in me as President by the Constitution and the laws of the United States of America, including the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011-2286) (42 U.S.C. 2011 et seq.), the National Security Act of 1947, as amended (codified as amended in scattered sections of the United States Code) (see Short Title note above), and the Federal Advisory Committee Act, as amended (5 U.S.C. App. 2) (5 App. U.S.C.), it is hereby ordered as follows: PART 1. ESTABLISHMENT AND POLICY Section 101. Establishment. (a) There is established a National Industrial Security Program. The purpose of this program is to safeguard classified information that may be released or has been released to current, prospective, or former contractors, licensees, or grantees of United States agencies. For the purposes of this order, the terms ''contractor, licensee, or grantee'' means current, prospective, or former contractors, licensees, or grantees of United States agencies. The National Industrial Security Program shall be applicable to all executive branch departments and agencies. (b) The National Industrial Security Program shall provide for the protection of information classified pursuant to Executive Order No. 12356 of April 2, 1982 (set out above), or its successor, and the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.). (c) For the purposes of this order, the term ''contractor'' does not include individuals engaged under personal services contracts. Sec. 102. Policy Direction. (a) The National Security Council shall provide overall policy direction for the National Industrial Security Program. (b) The Director of the Information Security Oversight Office, established under Executive Order No. 12356 of April 2, 1982 (set out above), shall be responsible for implementing and monitoring the National Industrial Security Program and shall: (1) develop, in consultation with the agencies, and promulgate subject to the approval of the National Security Council, directives for the implementation of this order, which shall be binding on the agencies; (2) oversee agency, contractor, licensee, and grantee actions to ensure compliance with this order and implementing directives; (3) review all agency implementing regulations, internal rules, or guidelines. The Director shall require any regulation, rule, or guideline to be changed if it is not consistent with this order or implementing directives. Any such decision by the Director may be appealed to the National Security Council. The agency regulation, rule, or guideline shall remain in effect pending a prompt decision on the appeal; (4) have the authority, pursuant to terms of applicable contracts, licenses, grants, or regulations, to conduct on-site reviews of the implementation of the National Industrial Security Program by each agency, contractor, licensee, and grantee that has access to or stores classified information and to require of each agency, contractor, licensee, and grantee those reports, information, and other cooperation that may be necessary to fulfill the Director's responsibilities. If these reports, inspections, or access to specific classified information, or other forms of cooperation, would pose an exceptional national security risk, the affected agency head or the senior official designated under section 203(a) of this order may request the National Security Council to deny access to the Director. The Director shall not have access pending a prompt decision by the National Security Council; (5) report any violations of this order or its implementing directives to the head of the agency or to the senior official designated under section 203(a) of this order so that corrective action, if appropriate, may be taken. Any such report pertaining to the implementation of the National Industrial Security Program by a contractor, licensee, or grantee shall be directed to the agency that is exercising operational oversight over the contractor, licensee, or grantee under section 202 of this order; (6) consider and take action on complaints and suggestions from persons within or outside the Government with respect to the administration of the National Industrial Security Program; (7) consider, in consultation with the advisory committee established by this order, affected agencies, contractors, licensees, and grantees, and recommend to the President through the National Security Council changes to this order; and (8) report at least annually to the President through the National Security Council on the implementation of the National Industrial Security Program. (c) Nothing in this order 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 (see Short Title note above), or Executive Order No. 12333 of December 8, 1981 (set out above). Sec. 103. National Industrial Security Program Policy Advisory Committee. (a) Establishment. There is established the National Industrial Security Program Policy Advisory Committee (''Committee''). The Director of the Information Security Oversight Office shall serve as Chairman of the Committee and appoint the members of the Committee. The members of the Committee shall be the representatives of those departments and agencies most affected by the National Industrial Security Program and nongovernment representatives of contractors, licensees, or grantees involved with classified contracts, licenses, or grants, as determined by the Chairman. (b) Functions. (1) The Committee members shall advise the Chairman of the Committee on all matters concerning the policies of the National Industrial Security Program, including recommended changes to those policies as reflected in this order, its implementing directives, or the operating手动的根据该命令建立,并作为讨论争议政策问题的论坛。金博宝正规网址(2)委员会应以主席的要求举行会议,但在历年期间至少两次。(c)管理。(1)委员会成员应在没有赔偿委员会的情况下服务。然而,无政府成员可以允许旅行费用,包括每日当天的人,而是根据政府服务间歇性的人士授权法律(5 U.S.c. 5701-5707)授权。(2)在法律允许的范围内并须经资金的可用性,一般服务管理员应向委员会提供履行其职能所需的行政服务,设施,员工和其他支持服务。(d)将军。Notwithstanding any other Executive order, the functions of the President under the Federal Advisory Committee Act, as amended (5 App. U.S.C.), except that of reporting to the Congress, which are applicable to the Committee, shall be performed by the Administrator of General Services in accordance with the guidelines and procedures established by the General Services Administration. PART 2. OPERATIONS Sec. 201.《国家工业安全计划操作手册》.(a)与所有受影响机构协商,核心监管委员会和中央情报局长的同意,协商,国防部长应发布和维护《国家工业安全计划操作手册》(“手册”).能源部长和核管理委员会应规定并发布手册中与1954年《原子能法》(经修订,《美国法典》2011年第42章等)保密的信息有关的部分。中央情报总监应规定并发布手册中有关情报来源和方法的部分,包括敏感分隔信息。(b)手册应规定必要的具体要求、限制和其他保障措施,以防止未经授权向承包商、被许可人或受让人披露和控制经授权的机密信息披露。本手册应适用于在部门或机构的控制下或在部门或机构的控制下,在承包过程的所有阶段,包括投标、谈判、授予、履行和终止合同、许可过程或授予过程中机密信息的发布。(c)手册还应规定保护特殊类别机密信息所需的要求、限制和其他保障措施,包括受限制数据、前受限制数据、情报来源和方法信息、敏感划分信息和特殊访问计划信息。(d)确定内部的特殊要求、限制和其他保障手动,国防部长、能源部长、核管理委员会和中央情报总监应考虑这些因素:(i)合理地可预期未经授权的披露会对国家安全造成的损害;(ii)现有的或预期的对信息披露的威胁;和(iii)要求、限制和其他保障措施的短期和长期费用。(e)在切实可行和合理的范围内,《手册》为保护承包商、持牌人和受让人的机密信息而规定的要求、限制和保障措施,应与该等要求、限制和保障措施一致,以及执行1982年4月2日第12356号行政命令(如上所述)或经修订的1954年原子能法案所建立的保护机构机密信息的保障措施。应委员会主席要求,国防部长应就承包商、被许可方和被许可方保护机密信息的标准与适用于机构的标准不同的任何要求、限制或保障提供解释和理由。(f)手册应尽可能地签发,尽可能地与辩护局局长和中央情报司司长的决定,并根据联合安全审查委员会的建议,并向总统审查指令29向安全分类系统进行修订,但在任何情况下不迟于1994年6月30日。秒。202.业务监督。(a)国防部长应担任需要或将需要访问或将储存或将存放分类信息的承包商,持牌和授权人的执行代理人。并确定获取承包商,持牌和授权人和其各自员工的分类信息的资格。机构负责人应当与国防部长签订协议,以代表这些机构负责人建立局长的责任。(b)中央情报总监保留了访问智能来源和方法的权限,包括敏感的舱室信息。中央智能总监可以检查和MONITCR承包商,被许可方和授予方案和设施,涉及获得此类信息或可以与国防部长作为执行代理人的书面协议,以检查和监督这些方案或设施全部或部分,代表主任。(c)能源秘书和核监管委员会保留了根据“修订的原子能法”(2011年U.S.2011 et SEQ)根据其自1954年的原子能法案分类的各自课程获取信息。 The Secretary or the Commission may inspect and monitor contractor, licensee, and grantee programs and facilities that involve access to such information or may enter into written agreements with the Secretary of Defense, as Executive Agent, to inspect and monitor these programs or facilities, in whole or in part, on behalf of the Secretary or the Commission, respectively. (d) The Executive Agent shall have the authority to issue, after consultation with affected agencies, standard forms or other standardization that will promote the implementation of the National Industrial Security Program. Sec. 203. Implementation. (a) The head of each agency that enters into classified contracts, licenses, or grants shall designate a senior agency official to direct and administer the agency's implementation and compliance with the National Industrial Security Program. (b) Agency implementing regulations, internal rules, or guidelines shall be consistent with this order, its implementing directives, and the Manual. Agencies shall issue these regulations, rules, or guidelines no later than 180 days from the issuance of the Manual. They may incorporate all or portions of the Manual by reference. (c) Each agency head or the senior official designated under paragraph (a) above shall take appropriate and prompt corrective action whenever a violation of this order, its implementing directives, or the Manual occurs. (d) The senior agency official designated under paragraph (a) above shall account each year for the costs within the agency associated with the implementation of the National Industrial Security Program. These costs shall be reported to the Director of the Information Security Oversight Office, who shall include them in the reports to the President prescribed by this order. (e) The Secretary of Defense, with the concurrence of the Administrator of General Services, the Administrator of the National Aeronautics and Space Administration, and such other agency heads or officials who may be responsible, shall amend the Federal Acquisition Regulation to be consistent with the implementation of the National Industrial Security Program. (f) All contracts, licenses, or grants that involve access to classified information and that are advertised or proposed following the issuance of agency regulations, rules, or guidelines described in paragraph (b) above shall comply with the National Industrial Security Program. To the extent that is feasible, economical, and permitted by law, agencies shall amend, modify, or convert preexisting contracts, licenses, or grants, or previously advertised or proposed contracts, licenses, or grants, that involve access to classified information for operation under the National Industrial Security Program. Any direct inspection or monitoring of contractors, licensees, or grantees specified by this order shall be carried out pursuant to the terms of a contract, license, grant, or regulation. (g) Executive Order No. 10865 of February 20, 1960 (set out above), as amended by Executive Order No. 10909 of January 17, 1961, and Executive Order No. 11382 of November 27, 1967, is hereby amended as follows: (1) Section 1(a) and (b) are revoked as of the effective date of this order. (2) Section 1(c) is renumbered as Section 1 and is amended to read as follows: ''Section 1. When used in this order, the term 'head of a department' means the Secretary of State, the Secretary of Defense, the Secretary of Transportation, the Secretary of Energy, the Nuclear Regulatory Commission, the Administrator of the National Aeronautics and Space Administration, and, in section 4, the Attorney General. The term 'head of a department' also means the head of any department or agency, including but not limited to those referenced above with whom the Department of Defense makes an agreement to extend regulations prescribed by the Secretary of Defense concerning authorizations for access to classified information pursuant to Executive Order No. 12829.'' (3) Section 2 is amended by inserting the words ''pursuant to Executive Order No. 12829'' after the word ''information.'' (4) Section 3 is amended by inserting the words ''pursuant to Executive Order No. 12829'' between the words ''revoked'' and ''by'' in the second clause of that section. (5) Section 6 is amended by striking out the words ''The Secretary of State, the Secretary of Defense, the Administrator of the National Aeronautics and Space Administration, the Secretary of Transportation, or his representative, or the head of any other department or agency of the United States with which the Department of Defense makes an agreement under section (1)(b),'' at the beginning of the first sentence, and inserting in their place ''The head of a department of the United States . . . .'' (6) Section 8 is amended by striking out paragraphs (1) through (7) and inserting in their place ''. . . the deputy of that department, or the principal assistant to the head of that department, as the case may be.'' (h) All delegations, rules, regulations, orders, directives, agreements, contracts, licenses, and grants issued under preexisting authorities, including section 1(a) and (b) of Executive Order No. 10865 of February 20, 1960, as amended, by Executive Order No. 10909 of January 17, 1961, and Executive Order No. 11382 of November 27, 1967, shall remain in full force and effect until amended, modified, or terminated pursuant to authority of this order. (i) This order shall be effective immediately. George Bush (signed) The White House January 6, 1993