[Federal Register Volume 71, Number 68 (Monday, April 10, 2006)]
[Rules and Regulations]
[Pages 18007-18008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3383]


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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

Information Security Oversight Office

32 CFR Part 2004

RIN 3095-AB34


National Industrial Security Program Directive No. 1

AGENCY: Information Security Oversight Office (ISOO), National Archives 
and Records Administration (NARA).

ACTION: Final rule.

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SUMMARY: The Information Security Oversight Office (ISOO), National 
Archives and Records Administration (NARA), is publishing this 
Directive pursuant to section 102(b)(1) of Executive Order 12829, as 
amended, relating to the National Industrial Security Program. This 
order establishes a National Industrial Security Program (NISP) to 
safeguard Federal Government classified information that is released to 
contractors, licensees, and grantees of the United States Government. 
Redundant, overlapping, or unnecessary requirements impede those 
interests. 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.

DATED: Effective Date: May 10, 2006.

FOR FURTHER INFORMATION CONTACT: J. William Leonard, Director, ISOO, at 
202-357-5250.

SUPPLEMENTARY INFORMATION: The proposed rule was published in the 
January 27, 2006, Federal Register (71 FR 4541) for a 45-day public 
comment period. NARA received no comments on the proposed rule. The 
final rule is published without change.
    This final rule is being issued pursuant to the provisions of 
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). The purpose of this Directive is to assist in implementing the 
Order; users of the Directive shall refer concurrently to that Order 
for guidance. As of November 17, 1995, ISOO became a part of NARA. The 
drafting, coordination, and issuance of this Directive fulfills one of 
the responsibilities of the implementation delegated to the ISOO 
Director. ISOO maintains oversight over Executive Order 12958, as 
amended, and policy oversight over Executive Order 12829, as amended. 
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 rule will assist 
agencies in implementing Executive Order 12829, as amended.
    This rule is not a significant regulatory action for the purposes 
of Executive Order 12866. The 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 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.

0
1. For the reasons set forth in the preamble, NARA amends 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\

    The Director ISOO shall:
    (a) Implement EO 12829, as amended.
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    \1\ Bracketed references pertain to related sections of 
Executive Order 12829, as amended by E.O. 12885.
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    (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

[[Page 18008]]

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 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.

    (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: March 31, 2006.
J. William Leonard,
Director, Information Security Oversight Office.
    Approved: March 31, 2006.
Allen Weinstein,
Archivist of the United States.
[FR Doc. 06-3383 Filed 4-7-06; 8:45 am]
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