30 January 1998
Source: http://www.access.gpo.gov/su_docs/aces/aces140.html

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[Federal Register: January 30, 1998 (Volume 63, Number 20)]
[Rules and Regulations]
[Page 4582-4583]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ja98-12]

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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 149

RIN 0790-AG56


National Policy on Technical Surveillance Countermeasures

AGENCY: Department of Defense.

ACTION: Interim final rule.

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SUMMARY: This rule is published to limit the use of technical
surveillance countermeasures within the boundaries of the U.S. to cases
where there is a reasonable showing of threat. No impact on the public
is forseen.

DATES: This rule is effective September 16, 1997. Comments must be
received by March 31, 1998.

ADDRESSES: Forward comments to the Security Policy Board Staff, 1215
Jefferson Davis Highway, Suite 1101, Arlington, VA 22202.

FOR FURTHER INFORMATION CONTACT:
Mr. T. Thompson, 703-602-9969.

SUPPLEMENTARY INFORMATION:

Executive Order 12866, Regulatory Planning and Review

    It has been determined that this interim rule (32 CFR Part 149) is
not a significant regulatory action. The rule does not:
    ``(1) Have an annual effect to the economy of $100 million or more
or adversely affect in a material way the economy; a section of the
economy; productivity; competition; jobs; the environment, public
health or safety; or State, local, or tribal governments or
communities;
    (2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by other Agency;
    (3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
this Executive Order.

[[Page 4583]]

Public Law 96-354, Regulatory Flexibility Act (5 U.S.C. 601)

    It has been certified that this rule is not subject to the
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if
promulgated, have a significant economic impact on a substantial number
of small entities. This part will streamline personnel security
clearance procedures and make the process more efficient.

Public Law 96-511, Paperwork Reduction Act (44 U.S.C. Chapter 35)

    It has been certified that this part does not impose any reporting
or recordkeeping requirements under the Paperwork Reduction Act of
1995.

List of Subjects in 32 CFR Part 149

    Classified information, Investigations, Security measures
Accordingly; Title 32 of the Code of Federal Regulations, Chapter I,
subchapter C is amended to add part 149 to read as follows:

Part 149--Policy on Technical Surveillance Countermeasures

Sec.
149.1  Policy.
149.2  Responsibilities.
149.3  Definitions.

    Authority: E.O. 12968 (60 FR 40245, 3 CFR 1995 Comp., p. 391.)

Sec. 149.1  Policy.

    (a) Heads of federal departments and agencies which process,
discuss, and/or store classified national security information,
restricted data, and sensitive but unclassified information, shall, in
response to specific threat data and based on risk management
principles, determine the need for Technical Surveillance
Countermeasures (TSCM).
    To obtain maximum effectiveness by the most economical means in the
various TSCM programs, departments and agencies shall exchange
technical information freely; coordinate programs; practice
reciprocity; and participate in consolidated programs, when
appropriate.

Sec. 149.2  Responsibilities.

    (a) Heads of U.S. Government departments and agencies which plan,
implement, and manage TSCM programs shall:
    (1) Provide TSCM support consisting of procedures and
countermeasures determined to be appropriate for the facility,
consistent with risk management principles.
    (2) Report to the Security Policy Board, attention: Chair,
Facilities Protection Committee (FPC), for appropriate dissemination,
all-source intelligence that concerns technical surveillance threats,
devices, techniques, and unreported hazards, regardless of the source
or target, domestic or foreign.
    (3) Train a professional cadre of personnel in TSCM techniques.
    (4) Ensure that the FPC and Training and Professional Development
Committee are kept apprised of their TSCM program activities as well as
training and research and development requirements.
    (5) Assist other departments and agencies, in accordance with
federal law, with TSCM services of common concern.
    (6) Coordinate, through the FPC, proposed foreign disclosure of
TSCM equipment and techniques.
    (b) The FPC shall advise and assist the Security Policy Board in
the development and review of TSCM policy, including guidelines,
procedures, and instructions. The FPC shall:
    (1) Coordinate TSCM professional training, research, development,
test, and evaluation programs.
    (2) Promote and foster joint procurement of TSCM equipment.
    (3) Evaluate the impact on the national security of foreign
disclosure of TSCM equipment or techniques and recommend policy changes
as needed.
    (4) Develop guidance for use in obtaining intelligence information
on the plans, capabilities and actions of organizations hostile to the
U.S. Government concerning technical penetrations and countermeasures
against them.
    (5) Biennially, review, update and disseminate the national
strategy for TSCM.

Sec. 149.3  Definitions.

    Classified National Security Information (CNSI). Information that
has been determined pursuant to Executive Order 12958 (60 FR 19825, 3
CFR 1995 Comp., p. 333) or any predecessor order to require protection
against unauthorized disclosure and is marked to indicate its
classified status when in documentary form.
    Restricted Data (RD). All data concerning design, manufacture or
utilization of atomic weapons; the production of special nuclear
material; or the use of special nuclear material in the production of
energy, but shall not include data declassified or removed from the RD
category pursuant to section 102 of the Atomic Energy Act of 1954, as
amended.
    Sensitive but Unclassified. Any information, the loss, misuse, or
unauthorized access to or modification of which could adversely affect
the national interest or the conduct of federal programs, or the
privacy to which individuals are entitled under 5 U.S.C. 552a, but
which has not been specifically authorized under criteria established
by an Executive Order or an Act of Congress to be kept secret in the
interest of national defense or foreign policy.
    Technical Surveillance Countermeasures (TSCM). Techniques and
measures to detect and nullify a wide variety of technologies that are
used to obtain unauthorized access to classified national security
information, restricted data, and/or sensitive but unclassified
information.

    Dated: January 22, 1998.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 98-1957 Filed 1-29-98; 8:45 am]
BILLING CODE 5000-04-M
