[Federal Register Volume 68, Number 17 (Monday, January 27, 2003)]
[Rules and Regulations]
[Pages 4073-4074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1995]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 7

RIN 1601-AA02


Classified National Security Information

AGENCY: Office of the Secretary, Homeland Security.

ACTION: Interim final rule.

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SUMMARY: This interim final rule implements Executive Order 12958, 
entitled ``Classified National Security Information,'' as amended, by 
establishing the initial elements of the Department of Homeland 
Security's classified national security information regulations.

DATES: This interim final rule is effective January 27, 2003. Written 
comments may be submitted by February 26, 2003.

ADDRESSES: Submit written comments (preferably an original and three 
copies) to Associate General Counsel (General Law), Department of 
Homeland Security, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Ellen McClain, (202) 612-1952, not a 
toll free call.

SUPPLEMENTARY INFORMATION:

I. Background

    On November 25, 2002, the President signed into law the Homeland 
Security Act of 2002 (Pub. L. 107-296), which created the new 
Department of Homeland Security (DHS). Pursuant to the provisions of 
the Act, the new Department came into existence on January 24, 2003.
    In order to establish procedures to facilitate public interaction 
with the DHS Office of the Secretary, DHS is issuing an initial series 
of proposed and interim final regulations.

II. The Interim Final Rule

    This interim final rule establishes initial procedures necessary 
for the DHS to fulfill its obligations under Executive Order 12958, as 
amended, regarding classified national security information.
    Executive Order 12958, as amended, was issued to update and revise 
the standards and process for classifying, safeguarding and 
declassifying classified national security information. The rule 
delegates to the Under Secretary for Information Analysis and 
Infrastructure Protection responsibility for developing the vast 
majority of information and internal operating instructions on 
classified information.

III. Procedural Requirements

    Because the DHS came into existence on January 24, 2003, it is 
necessary to promptly establish initial procedures to facilitate the 
interaction of the public with the Department. Furthermore, this 
interim final rule generally parallels the procedures currently used by 
other agencies to fulfill their obligations under Executive Order 
12958, as amended, regarding classified national security information.
    Accordingly, the Department has determined that notice and public 
procedure are impracticable, unnecessary and contrary to the public 
interest pursuant to 5 U.S.C. 553(b)(B). For the same reasons, the 
Department has determined that this interim rule should be issued 
without a delayed effective date pursuant to 5 U.S.C. 553(d)(3).
    It has been determined that this rulemaking is not a significant 
regulatory action for the purposes of Executive Order 12866. 
Accordingly, a regulatory impact analysis is not required.
    Because no notice of proposed rulemaking is required, the 
provisions of the Regulatory Flexibility Act (5 U.S.C. chapter 6) do 
not apply.
    This rule has been reviewed by the Information Security Oversight 
Office of the National Archives and Records Administration, pursuant to 
Executive Order 12958.

List of Subjects in 6 CFR Part 7

    Classified information, Organization, functions, and authority 
delegations.

[[Page 4074]]

Authority and Issuance

    For the reasons set forth above, 6 CFR chapter I is amended by 
adding part 7 to read as follows:

PART 7--CLASSIFIED NATIONAL SECURITY INFORMATION

Sec.
7.1 Purpose.
7.2 Scope.
7.3 Definitions.
7.11 Authority of the Under Secretary for Information Analysis and 
Infrastructure Protection.
7.21 Classification and declassification authority.
7.31 Mandatory review for declassification requests.

    Authority: 5 U.S.C. 301; 6 U.S.C. 122; E.O. 12958, 60 FR 19825; 
3 CFR, 1995 Comp., p. 333; E.O. 13142, 64 FR 66089, 3 CFR, 1999 
Comp., p. 236; 32 CFR part 2001.


Sec.  7.1  Purpose.

    The purpose of this part is to ensure that information within the 
Department of Homeland Security (Department) relating to the national 
security is classified, safeguarded, and declassified pursuant to the 
provisions of Executive Order 12958, as amended, and implementing 
directives from the Information Security Oversight Office of the 
National Archives and Records Administration (ISOO).


Sec.  7.2  Scope.

    (a) All employees granted access to classified information by the 
Department are governed by this part, and by the standards in Executive 
Order 12958, as amended, any other applicable Executive Order, and 
directives promulgated under those Executive Orders. If any portion of 
this part conflicts with any portion of Executive Order 12958, as 
amended, or any other applicable Executive Order, the Executive Order 
shall apply. The provisions established by this subpart shall apply to 
each component of the Department, including all Department components 
that are transferred to the Department, except to the extent that a 
Department component has adopted separate guidance with regard to 
classified national security information and access.
    (b) This part applies to non-contractor personnel, to include state 
and local officials, and contractor personnel who are entrusted with 
classified national security information originated within or in the 
custody of the Department.
    (c) This part is independent of and does not affect any 
classification procedures or requirements of the Atomic Energy Act of 
1954, as amended (42 U.S.C. 2011 et seq.).
    (d) This part does not, and is not intended to, create any right to 
judicial review, or any other right or benefit or trust responsibility, 
substantive or procedural, enforceable by a party against the United 
States, its agencies or instrumentalities, its officers or employees, 
or any other person.


Sec.  7.3  Definitions.

    The terms defined or used in Executive Order 12958, as amended, and 
the implementing directives in 32 CFR part 2001, are applicable to this 
part.


Sec.  7.11  Authority of the Under Secretary for Information Analysis 
and Infrastructure Protection.

    The Under Secretary for Information Analysis and Infrastructure 
Protection is designated as the senior agency official as required by 
section 5.6(c) of Executive Order 12958 and, except as specifically 
provided elsewhere in this part, is authorized to administer the 
Department's national security information program pursuant to 
Executive Order 12958, as amended.


Sec.  7.21  Classification and declassification authority.

    (a) Top Secret original classification authority may only be 
exercised by the Secretary and by officials to whom such authority is 
delegated in writing by the Secretary. As a minimum, the Under 
Secretary for Information Analysis and Infrastructure Protection will 
be delegated this authority. No official who is delegated Top Secret 
classification authority pursuant to this paragraph may redelegate such 
authority.
    (b) The Under Secretary for Information Analysis and Infrastructure 
Protection may delegate original Secret and Confidential classification 
authority to other officials determined to have frequent need to 
exercise such authority. No official who is delegated original 
classification authority pursuant to this paragraph may redelegate such 
authority.
    (c) Officials authorized to classify information at a specified 
level are also authorized to classify information at a lower level. In 
the absence of an official authorized to exercise classification 
authority pursuant to this section, the person designated to act in 
lieu of such official may exercise the official's classification 
authority.


Sec.  7.31  Mandatory review for declassification requests.

    Any person may request classified information be reviewed for 
declassification pursuant to the mandatory declassification review 
provisions of section 3.6 of Executive Order 12958. Such requests shall 
be sent to the Under Secretary for Information Analysis and 
Infrastructure Protection, Department of Homeland Security, 1800 G 
Street, NW., Washington, DC.

    Dated: January 24, 2003.
Tom Ridge,
Secretary of Homeland Security.
[FR Doc. 03-1995 Filed 1-24-03; 11:34 am]
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