51800 Federal Register / Vol. 62, No. 192 / Friday, October 3, 1997 / Rules and Regulations

Channel 271A to Sardis, Mississippi, as

the community’s first local aural

transmission service. See 62 FR 36756,

July 9, 1997. Channel 271A can be

allotted in compliance with the

Commission’s distance separation

requirements with a site restriction of

7.0 kilometers (4.4 miles) southeast. The

coordinates for Channel 271A at Sardis

are 34–24–09 NL and 89–51–23 WL.

With this action, this proceeding is

terminated.

DATES: Effective November 10, 1997.

The window period for filing

applications for Channel 271A at Sardis,

Mississippi, will open on November 10,

1997, and close on December 11, 1997.

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 97–147,

adopted September 17, 1997, and

released September 26, 1997. The full

text of this Commission decision is

available for inspection and copying

during normal business hours in the

FCC Reference Center (Room 239), 1919

M Street, NW, Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, ITS, Inc., (202) 857–

3800, 1231 20th Street, NW,

Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Mississippi, is

amended by adding Sardis, Channel

271A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–26247 Filed 10–2–97; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF ENERGY

48 CFR Parts 952 and 970

Acquisition Regulation, Classification,

Security and Counterintelligence

AGENCY: Department of Energy.

ACTION: Final rule.

SUMMARY: The Department of Energy

(DOE) is amending the Department of

Energy Acquisition Regulation (DEAR)

to revise its classification contract

clause, revise its access authorization

(security clearance) procedures for

contractor personnel, and add new

counterintelligence provisions. Specific

material being revised or added is

summarized in the ‘‘Section-by-Section

Analysis’’ appearing later in this

document.

EFFECTIVE DATE: This rule will be

effective December 2, 1997.

FOR FURTHER INFORMATION CONTACT:

Richard B. Langston, Office of

Procurement and Assistance Policy

(HR–51), Office of the Deputy Assistant

Secretary for Procurement and

Assistance Management, Department of

Energy, 1000 Independence Avenue,

SW., Washington, D.C. 20585–0705,

(202) 586–8247.

SUPPLEMENTARY INFORMATION:

I. Background

II. Disposition of Comments

III. Section-by-Section Analysis

IV. Procedural Requirements

A. Review Under Executive Order 12612

B. Review Under Executive Order 12866

C. Review Under Executive Order 12988

D. Review Under the National

Environmental Policy Act

E. Review Under the Paperwork Reduction

Act

F. Review Under the Regulatory Flexibility

Act

G. Review Under Small Business

Regulatory Enforcement Fairness Act of

1996

H. Review Under the Unfunded Mandates

Reform Act of 1995

I. Background

This final rule results from a notice of

proposed Rulemaking published in the

Federal Register on November 20, 1996,

61 FR 59072. This rule will accomplish

three objectives.

First, it will revise the classification

contract clause to provide that only

Federal Government employees may

serve as ‘‘original classifiers’’ and that

both Federal Government employees

and contractor employees may serve as

‘‘derivative classifiers.’’ The clause is

also changed to recognize that a balance

is required between the Department’s

mission to protect the national security

and prevent nuclear proliferation and its

commitment to maximize the amount of

information available to the public. As

revised, the clause requires that

information, documents or material

originated or generated in classified or

potentially classified subject areas be

reviewed for classification by the

appropriate officials using proper

classification guidance provided by the

Department. The clause also requires

that documents containing information

which is no longer classified by current

classification guidance be systematically

reviewed for declassification by a

Derivative Declassifier. Only when both

classification and declassification

reviews are performed can the

Department achieve its goal of

protecting the national security while

providing the public with access to as

much Government information as

possible. Definitions of certain terms are

added. These changes are at item 2 of

the final rule, subsection 952.204–70,

the clause itself, and item 5 of the final

rule, subsection 970.0404–4, paragraph

(a)(1), a reference to the clause and its

revised title.

Second, it will provide a definition of

‘‘counterintelligence’’ consistent with

E.O. 12333, a policy statement regarding

DOE’s counterintelligence program, and

a new contract clause on

counterintelligence applicable to certain

DOE management and operating

contractors and other contractors

managing DOE-owned facilities. These

changes appear at item 3 of the final

rule, subsection 970.0404–1, a

definition, item 4 of the final rule,

subsection 970.0404–2, paragraph (e), a

policy statement, item 5, subsection

970.0404–4, paragraph (a)(2), an

instruction for use of the clause, and

item 7, subsection 970.5204–1,

paragraph (b), the text of the clause.

Third, it will revise the DEAR to be

consistent with the recommendations of

the General Accounting Office Report

on Nuclear Security, RCED–93–183, as

implemented by DOE Order 472.1B

entitled ‘‘Personnel Security Activities.’’

The GAO report stressed contractor

responsibility for certifying

preemployment checks conducted on

prospective employees. Where DOE

access authorization is required, the

contractor must perform normal and

prudent preemployment checks and the

applicant’s job qualifications and

suitability must be established before a

request is made to the Department for a

security clearance. This revision is

applicable to DOE management and

operating contractors and other

contractors managing DOE-owned

facilities. Such contractors may, at their

discretion, include this procedure in

their subcontracts where subcontractor

employees are required to hold a DOE

access authorization in order to perform

on-site duties, such as protective force

operations. This change appears at item

6 of the final rule, section 970.2201,

paragraph (b)(1)(ii).
Federal Register / Vol. 62, No. 192 / Friday, October 3, 1997 / Rules and Regulations 51801

II. Disposition of Comments

Comments were received from 2

reviewers.

The first reviewer registered general

support for the amendment. The

reviewer supported the Department’s

efforts to maximize information

available to the public while ensuring

the proper protection of sensitive

national security and atomic energy

information. The addition of the

declassification reviews to DOE’s

security program was supported by this

reviewer.

The second reviewer offered four

comments.

First Comment. The reviewer notes

that the rulemaking emphasizes the

importance of a contractor’s

declassification activities. The reviewer

suggests that the declassification

activities of the contractor be formally

recognized in the contract and states the

opinion that such declassification

activities may be substantially under

funded until such action is taken.

First Response. Including the

Classification/Declassification clause in

a contract constitutes formal recognition

of these activities. Contracts do not

specify the individual tasks involved in

the work to such a specific level of work

as classifying or declassifying a

document. DOE policy emphasizes the

importance of conducting

declassification reviews. This policy has

led, during each of the past three years,

to the declassification of greater

numbers of documents than have been

classified. This suggests that our policy

emphasis has been effective.

Second Comment. The reviewer notes

a statement in the ‘‘Review Under the

Regulatory Flexibility Act’’ (item IV.F.

of the preamble of the notice) which

says that the security and

counterintelligence requirements apply

only to management and operating

contractors and do not flow down to

subcontractors. The reviewer asks for

clarification regarding whether the

requirements apply to subcontractors.

Second Response. The statement has

been revised to more specifically define

what is meant by ‘‘security

requirements.’’ The security

requirements being revised, in this

context, are those of 970.2201 which

discuss completion of preemployment

background checks in relation to access

authorizations. This specific section (i.e.

970.2201(b)(1)(ii)) applies to DOE

management and operating contractors

and other contractors operating DOE

facilities which require access

authorizations. Section 970.2201 is a

guiding principle, not a contract clause.

It does not flow down to subcontracts.

Management and operating contractors

and other contractors operating DOE

facilities may, at their discretion,

include this guiding principle in their

solicitations and subcontracts wherein

subcontractor employees are required to

hold a DOE access authorization in

order to perform on-site duties, such as

protective force operations. Possible

applicability to subcontractors, in

specific circumstances, was added

based on our analysis of the comment.

The Classification/Declassification

clause does flow down to subcontracts

if they require access to classified

information. The counterintelligence

requirements do not flowdown to

subcontracts. Section IV.F. of the

preamble has been revised to avoid any

misunderstanding.

Third Comment. The reviewer notes

section IV.E. ‘‘Review Under the

Paperwork Reduction Act,’’ of the

preamble of the notice. The reviewer

suggests that the declassification

activity under the revised Classification/

Declassification clause of the notice

represents a tremendous record keeping

and information burden.

Third Response. The rulemaking

makes no change in the amount of

records or information. It is intended to

move more records and information

from the classified category to the

declassified category.

Fourth Comment. The reviewer

expressed concern that the clause would

require most classification decisions to

be made by Federal classifiers even in

situations where a major contractor

operated security program was

involved. The reviewer suggested that

the lack of definition of the terms

‘‘document,’’ ‘‘equipment,’’ and

‘‘information’’ made the intent of the

clause unclear.

Fourth Response. We agree with the

comment and have added definitions of

terms and revised the text of the clause

for clarity.

III. Section-by-Section Analysis

1. The authority citations for Parts 952

and 970 are restated.

2. The classification clause at

952.204–70 is renamed classification/

declassification. It is revised to

emphasize declassification, add

definitions, and differentiate the duties

of original versus derivative classifiers.

3. A definition of counterintelligence

is added to subsection 970.0404–1.

4. A new paragraph is added to

970.0404–2 to describe DOE policy on

counterintelligence.

5. New instructions are added to

970.0404–4 to detail the security clause

requirements for management and

operating contractors and other

contractors managing DOE-owned

facilities which require access

authorizations.

6. Section 970.2201 is amended to

describe the procedures for confirming

to DOE the conduct and outcome of

preemployment checks performed by

management and operating contractors

and other contractors managing DOEowned facilities, when such contractors

request that the DOE process an

applicant for access authorization. Such

contractors may, at their discretion,

include this procedure in subcontracts

wherein subcontractor employees are

required to possess DOE access

authorization in order to perform on-site

duties, such as protective force

operations.

7. Section 970.5204–1 is amended to

add a new clause entitled

counterintelligence.

IV. Procedural Requirements

A. Review Under Executive Order 12612

Executive Order 12612, entitled

‘‘Federalism,’’ 52 FR 41685 (October 30,

1987), requires that regulations, rules,

legislation, and any other policy actions

be reviewed for any substantial direct

effects on states, on the relationship

between the Federal Government and

the states, or in the distribution of

power and responsibilities among

various levels of government. If there

are sufficient substantial direct effects,

then the Executive Order requires

preparation of a federalism assessment

to be used in all decisions involved in

promulgating and implementing a

policy action. DOE has determined that

this rulemaking will not have a

substantial direct effect on the

institutional interests or traditional

functions of states.

B. Review Under Executive Order 12866

Today’s regulatory action has been

determined not to be a ‘‘significant

regulatory action’’ under Executive

Order 12866, ‘‘Regulatory Planning and

Review,’’ (58 FR 51735, October 4,

1993). Accordingly, this action was not

subject to review, under that Executive

Order, by the Office of Information and

Regulatory Affairs of the Office of

Management and Budget (OMB).

C. Review Under Executive Order 12988

With respect to the review of existing

regulations and the promulgation of

new regulations, section 3(a) of

Executive Order 12988, ‘‘Civil Justice

Reform,’’ 61 FR 4729 (February 7, 1996),

imposes on Executive agencies the

general duty to adhere to the following

requirements: (1) Eliminate drafting

errors and ambiguity; (2) write
51802 Federal Register / Vol. 62, No. 192 / Friday, October 3, 1997 / Rules and Regulations

regulations to minimize litigation; and

(3) provide a clear legal standard for

affected conduct rather than a general

standard and promote simplification

and burden reduction. With regard to

the review required by section 3(a),

section 3(b) of Executive Order 12988

specifically requires that Executive

agencies make every reasonable effort to

ensure that the regulation: (1) clearly

specifies the preemptive effect, if any;

(2) clearly specifies any effect on

existing Federal law or regulation; (3)

provides a clear legal standard for

affected conduct while promoting

simplification and burden reduction; (4)

specifies the retroactive effect, if any; (5)

adequately defines key terms; and (6)

addresses other important issues

affecting clarity and general

draftsmanship under any guidelines

issued by the Attorney General. Section

3(c) of Executive Order 12988 requires

Executive agencies to review regulations

in light of applicable standards in

section 3(a) and section 3(b) to

determine whether they are met or it is

unreasonable to meet one or more of

them. DOE has completed the required

review and determined that, to the

extent permitted by law, the final

regulations meet the relevant standards

of Executive Order 12988.

D. Review Under the National

Environmental Policy Act

Pursuant to the Council on

Environmental Quality Regulations (40

CFR 1500–1508), the Department has

established guidelines for its

compliance with the provisions of the

National Environmental Policy Act

(NEPA) of 1969 (42 U.S.C. 4321 et seq.).

Pursuant to Appendix A of Subpart D of

10 CFR Part 1021, National

Environmental Policy Act Implementing

Procedures (Categorical Exclusion A),

DOE has determined that this

rulemaking is categorically excluded

from the need to prepare an

environmental impact statement or

environmental assessment.

E. Review Under the Paperwork

Reduction Act

This rulemaking imposes no new

information collection or record keeping

requirements. Accordingly, they require

no OMB clearance under the Paperwork

Reduction Act of 1980 (44 U.S.C. 3501

et seq.).

F. Review Under the Regulatory

Flexibility Act

This rulemaking was reviewed under

the Regulatory Flexibility Act of 1980,

Public Law 96–354, 5 U.S.C. 601, et

seq., which requires preparation of a

regulatory flexibility analysis for any

rule that is likely to have a significant

economic impact on a substantial

number of small entities. This

rulemaking revises established

classification and security requirements

and adds counterintelligence

requirements. The changes to the

security requirements being made by

this final rule (i.e., 970.2201 dealing

with completion of preemployment

background checks prior to requests for

access authorizations) are applicable to

management and operating contractors

and other contractors managing DOEowned facilities. Such contractors may,

at their discretion, include this

procedure in subcontracts wherein

subcontractor employees will require

DOE access authorization in order to

perform on-site duties, such as

protective force operations. The prime

contractors operating DOE facilities are

large businesses, large universities, or

large not for profit entities. This part of

the rulemaking could affect small

entities only if they become

subcontractors performing on-site

services that require DOE access

authorizations such as protective force

operations. Even under such

circumstances, there will not be a

significant economic impact on a

substantial number of small entities as

the rulemaking does not require any

unusual effort on the part of the small

entity. The procedure merely provides

that, before requesting that DOE

undertake a review for employee access

authorization, the employer complete

normal preemployment background

checks, i.e. police and credit checks,

which are normal to the employment of

personnel in sensitive type positions

such as protective force operations.

Moreover, the cost of the background

checks are reimbursable.

The new counterintelligence

requirements are only applicable to

management and operating contractors

and other contractors managing DOE

facilities. As noted above, such

contractors are large businesses or

universities, therefore, this rulemaking

will have no significant impact on a

substantial number of small entities.

The change to the classification/

declassification clause (i.e. 952.204–70)

applies to all contracts and subcontracts

but has no significant economic impact.

The associated costs are estimated to be

relatively small, and in any event, the

contracts are likely to be of the cost

reimbursement type.

Based on the foregoing review, DOE

certifies that this rulemaking will not

have a significant economic impact on

a substantial number of small entities

and, therefore, no regulatory flexibility

analysis has been prepared.

G. Review Under Small Business

Regulatory Enforcement Fairness Act of

1966

As required by 5 U.S.C. 801, DOE will

report to Congress promulgation of the

rule prior to its effective date. The

report will state that it has been

determined that the rule is not a ‘‘major

rule’’ as defined by 5 U.S.C. 804(3).

H. Review Under the Unfunded

Mandates Reform Act of 1995

The Unfunded Mandates Reform Act

of 1995 (Pub. L. 104–4) generally

requires a Federal agency to perform a

detailed assessment of costs and

benefits of any rule imposing a Federal

mandate with costs to State, local or

tribal governments, or to the private

sector, of $100 million or more. This

rulemaking imposes no Federal

mandates and does not have an impact

of $100 million or more.

List of Subjects in 48 CFR Parts 952 and

970

Government Procurement.

Issued in Washington, D.C., on September

29, 1997.

Richard H. Hopf,

Deputy Assistant Secretary for Procurement

and Assistance Management.

For the reasons set out in the

preamble, Chapter 9 of Title 48 of the

Code of Federal Regulations is amended

as set forth below:

1. The authority citation for Part 952

continues to read:

Authority: 42 U.S.C. 7254; 40 U.S.C.

486(c); 42 U.S.C. 13524.

PART 952—SOLICITATION

PROVISIONS AND CONTRACT

CLAUSES

952.204–70 [Amended]

2. Subsection 952.204–70 is amended

by revising the section heading and

revising the clause to read:

952.204–70 Classification/Declassification.

* * * * *

Classification/Declassification (Sep 1997)

In the performance of work under this

contract, the contractor or subcontractor shall

comply with all provisions of the Department

of Energy’s regulations and mandatory DOE

directives which apply to work involving the

classification and declassification of

information, documents, or material. In this

section, ‘‘information’’ means facts, data, or

knowledge itself; ‘‘document’’ means the

physical medium on or in which information

is recorded; and ‘‘material’’ means a product

or substance which contains or reveals

information, regardless of its physical form or

characteristics. Classified information is

‘‘Restricted Data’’ and ‘‘Formerly Restricted

Data’’ (classified under the Atomic Energy
Federal Register / Vol. 62, No. 192 / Friday, October 3, 1997 / Rules and Regulations 51803

Act of 1954, as amended) and ‘‘National

Security Information’’ (classified under

Executive Order 12958 or prior Executive

Orders).

The original decision to classify or

declassify information is considered an

inherently Governmental function. For this

reason, only Government personnel may

serve as original classifiers, i.e., Federal

Government Original Classifiers. Other

personnel (Government or contractor) may

serve as derivative classifiers which involves

making classification decisions based upon

classification guidance which reflect

decisions made by Federal Government

Original Classifiers.

The contractor or subcontractor shall

ensure that any document or material that

may contain classified information is

reviewed by either a Federal Government or

a Contractor Derivative Classifier in

accordance with classification regulations

including mandatory DOE directives and

classification/declassification guidance

furnished to the contractor by the

Department of Energy to determine whether

it contains classified information prior to

dissemination. For information which is not

addressed in classification/declassification

guidance, but whose sensitivity appears to

warrant classification, the contractor or

subcontractor shall ensure that such

information is reviewed by a Federal

Government Original Classifier.

In addition, the contractor or subcontractor

shall ensure that existing classified

documents (containing either Restricted Data

or Formerly Restricted Data or National

Security Information) which are in its

possession or under its control are

periodically reviewed by a Federal

Government or Contractor Derivative

Declassifier in accordance with classification

regulations, mandatory DOE directives and

classification/declassification guidance

furnished to the contractor by the

Department of Energy to determine if the

documents are no longer appropriately

classified. Priorities for declassification

review of classified documents shall be based

on the degree of public and researcher

interest and the likelihood of declassification

upon review. Documents which no longer

contain classified information are to be

declassified. Declassified documents then

shall be reviewed to determine if they are

publicly releasable. Documents which are

declassified and determined to be publicly

releasable are to be made available to the

public in order to maximize the public’s

access to as much Government information

as possible while minimizing security costs.

The contractor or subcontractor shall insert

this clause in any subcontract which involves

or may involve access to classified

information.

PART 970—DOE MANAGEMENT AND

OPERATING CONTRACTS

The authority citation for Part 970

continues to read:

Authority: Sec. 161 of the Atomic Energy

Act of 1954 (42 U.S.C. 2201), and Sec. 644

of the Department of Energy Organization

Act, Pub. L. 95–91 (42 U.S.C. 7254).

3. Subsection 970.0404–1 is amended

by adding in alphabetic order

‘‘counterintelligence’’ as a new

definition to read as follows:

970.0404–1 Definitions.

* * * * *

Counterintelligence means

information gathered and activities

conducted to protect against espionage,

other intelligence activities, sabotage, or

assassinations conducted for or on

behalf of foreign powers, organizations

or persons, or international terrorist

activities, but not including personnel,

physical, document or communication

security programs.

* * * * *

4. Subsection 970.0404–2 is amended

by adding paragraph (e) to read as

follows:

970.0404–2 General.

* * * * *

(e) Executive Order 12333, United

States Intelligence Activities, provides

for the organization and control of

United States foreign intelligence and

counterintelligence activities. In

accordance with this Executive Order,

DOE has established a

counterintelligence program which is

described in DOE Order 5670.3 (as

amended). All DOE elements, including

management and operating contractors

and other contractors managing DOEowned facilities which require access

authorizations, should undertake the

necessary precautions to ensure that

DOE and covered contractor personnel,

programs and resources are properly

protected from foreign intelligence

threats and activities.

5. Subsection 970.0404–4 is amended

by revising paragraph (a)(1) and by

adding a new paragraph (a)(2) to read as

follows:

970.0404–4 Contract clauses.

(a) * * *

(1) Security and Classification/

Declassification, 970.5204–1(a). These

clauses are required in all contracts

which involve access to classified

information, nuclear material, or access

authorizations.

(2) Counterintelligence, 970.5204–

1(b). This clause is required in all

management and operating contracts

and other contracts for the management

of DOE-owned facilities which include

the security and classification/

declassification clauses.

* * * * *

6. Section 970.2201 is amended by

revising paragraph (b)(1)(ii) to read as

follows:

970.2201 Basic labor policies.

* * * * *

(b) * * *

(1) * * *

(ii) The job qualifications and

suitability of prospective employees

should be established by the contractor

prior to employment by careful

personnel investigations. Such

personnel investigations should

include, as appropriate: a credit check;

verification of high school degree/

diploma or degree/diploma granted by

an institution of higher learning within

the last 5 years; contacts with listed

personal references; contacts with listed

employers for the past 3 years

(excluding employment of less than 60

days duration, part-time employments,

and craft/union employments); and

local law enforcement checks when

such checks are not prohibited by State

or local law, statute, or regulation, and

when the individual had resided in the

jurisdiction where the contractor is

located. When a DOE access

authorization (security clearance) will

be required, the aforementioned

preemployment checks must be

conducted and the applicant’s job

qualifications and suitability must be

established before a request is made to

the DOE to process the applicant for

access authorization. Evidence must be

furnished to the DOE with the

applicant’s security forms that specifies:

the date each check was conducted, the

entity contacted that provided

information concerning the applicant, a

synopsis of the information provided as

a result of each contact, and a statement

that all information available has been

reviewed and favorably adjudicated in

accordance with the contractor’s

personnel policies. When an applicant

is being hired specifically for a position

which requires a DOE access

authorization, the applicant shall not be

placed in that position prior to the

access authorization being granted by

the DOE unless an exception has been

obtained from the Head of the

Contracting Activity or designee. If an

applicant is placed in that position prior

to access authorization being granted by

the DOE, the applicant may not be

afforded access to classified matter or

special nuclear materials (in categories

requiring access authorization) until the

DOE notifies the employer that access

authorization has been granted.

Management and operating contractors

and other contractors operating DOE

facilities may, at their discretion,

include this language in solicitations

and subcontracts (appropriately

modified to identify the parties)

wherein subcontract employees will be

required to hold DOE access
51804 Federal Register / Vol. 62, No. 192 / Friday, October 3, 1997 / Rules and Regulations

authorization in order to perform on-site

duties, such as protective force

operations.

* * * * *

7. Section 970.5204–1 is revised to

read as follows:

Subpart 970.52—Contract Clauses for

Management and Operating Contracts.

970.5204–1 Security.

(a) As prescribed in 970.0404–4(a)(1),

insert the Security clause found at

952.204–2 and the Classification/

Declassification clause found at

952.204–70.

(b) As prescribed in 970.0404–4(a)(2),

insert the following Counterintelligence

clause in contracts containing the

security and classification/

declassification clauses:

Counterintelligence (Sep 1997)

(a) The contractor shall take all reasonable

precautions in the work under this contract

to protect DOE programs, facilities,

technology, personnel, unclassified sensitive

information and classified matter from

foreign intelligence threats and activities

conducted for governmental or industrial

purposes, in accordance with DOE Order

5670.3, Counterintelligence Program;

Executive Order 12333, U.S. Intelligence

Activities; and other pertinent national and

Departmental Counterintelligence

requirements.

(b) The contractor shall appoint a qualified

employee(s) to function as the Contractor

Counterintelligence Officer. The Contractor

Counterintelligence Officer will be

responsible for conducting defensive

Counterintelligence briefings and debriefings

of employees traveling to foreign countries or

interacting with foreign nationals; providing

thoroughly documented written reports

relative to targeting, suspicious activity and

other matters of Counterintelligence interest;

immediately reporting targeting, suspicious

activity and other Counterintelligence

concerns to the DOE Headquarters

Counterintelligence Division; and providing

assistance to other elements of the U.S.

Intelligence Community as stated in the

aforementioned Executive Order, the DOE

Counterintelligence Order, and other

pertinent national and Departmental

Counterintelligence requirements.

[FR Doc. 97–26280 Filed 10–2–97; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Parts 1 and 10

[OST Docket No. 1; Amdt. 1–290]

Organization and Delegation of Powers

and Duties to the Chief Information

Officer; Miscellaneous Changes, Office

of the Secretary

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

SUMMARY: The rule delegates certain

functions to the Office of the Chief

Information Officer.

EFFECTIVE DATE: October 3, 1997.

FOR FURTHER INFORMATION CONTACT: Ms.

Crystal M. Bush, Program Analyst,

Office of the Chief Information Officer,

S–80, Room 7107–T, 400 Seventh Street,

S.W., Washington, DC 20590, (202) 366–

9713, or Ms. Gwyneth Radloff, Attorney

Advisor, Assistant General Counsel for

Regulation and Enforcement, C–50,

Room 10424, 400 Seventh Street, S.W.,

Washington, DC 20590, (202) 366–9305.

SUPPLEMENTARY INFORMATION: On April

23, 1997, the Secretary of

Transportation established the Office of

the Chief Information Officer. These

amendments to 49 CFR Parts 1 and 10

delegates the Secretary’s authority

related to specific statutes to the Office

of the Chief Information Officer.

List of Subjects

49 CFR Part 1

Authority delegations (Government

agencies), Organization and functions

(Government agencies).

49 CFR Part 10

Privacy.

In accordance with the above, DOT

amends 49 CFR, as follows:

PART 1—[AMENDED]

1. The authority citation for Part 1

continues to read as follows:

Authority: 49 U.S.C. 322; Public Law 101–

552, 28 U.S.C. 2672, 31 U.S.C. 3711(a)(2).

2. Section 1.22(a) is revised to read as

follows:

§ 1.22 Structure.

(a) Secretary and Deputy Secretary.

The Secretary and Deputy Secretary are

assisted by the following, all of which

report directly to the Secretary: The

Associate Deputy Secretary and

Director, Office of Intermodalism; the

Executive Secretariat; the Board of

Contract Appeals; the Departmental

Office of Civil Rights; the Office of

Small and Disadvantaged Business

Utilization; the Office of Intelligence

and Security; the Office of Public

Affairs; and the Office of the Chief

Information Officer. The Assistant

Secretaries, the General Counsel, and

the Inspector General also report

directly to the Secretary.

* * * * *

3. Section 1.23 is amended by adding

a new paragraph (q) as follows:

§ 1.23 Spheres of primary responsibility.

* * * * *

(q) Office of the Chief Information

Officer. Serves as principal advisor to

the Secretary on matters involving

information resources and information

systems management.

4. Subpart C—Delegations is amended

by adding a new § 1.72 as follows:

§ 1.72 Delegations to the Office of the

Chief Information Officer.

(a) Carry out all functions and

responsibilities assigned to the

Secretary with respect to the Paperwork

Reduction Act of 1995 (44 U.S.C. 3506);

(b) Carry out all functions and

responsibilities assigned to the

Secretary with respect to the ClingerCohen Act of 1996 (40 U.S.C. 1422 to

1424, 1427);

(c) Carry out all functions and

responsibilities assigned to the

Secretary with respect to the Computer

Security Act of 1987 (40 U.S.C. 759, 759

notes);

(d) Approve waivers to Federal

Information Processing Standards (FIPS)

under Section 5131 of the ClingerCohen Act of 1996 (40 U.S.C. 1441); and

(e) Carry out all the functions and

responsibilities assigned to the

Secretary with respect to Executive

Order 13011, Federal Information

Technology, Section 2, paragraphs (a),

(b), (d), (e), and (f).

PART 10—[AMENDED]

5. The authority citation for Part 10

continues to read as follows:

Authority: 5 U.S.C. 552a; 49 U.S.C. 322.

6. Section 10.13 is amended by

revising paragraphs (a) and (b) to read

as follows:

§ 10.13 Privacy Act Officer.

(a) To assist with implementation,

evaluation, and administration issues,

the Chief Information Officer appoints a

principal coordinating official with the

title Privacy Act Officer, and one

Privacy Act Coordinator from his/her

staff.

(b) Inquiries concerning Privacy Act

matters, or requests for assistance, may

be addressed to the Privacy Act Officer