§ 1203.900 Establishment.

Pursuant to Executive Order 12065, "National Security Information" and the National Aeronautics and Space Act of 1958, as amended, there is established a NASA Information Security Program Committee (hereinafter referred to as the Committee) as part of the permanent adminstrative structure of NASA. The Director, DOD Affairs Division, is designated to act as the Chairperson of the Committee. The Chief, Classification Management and Physical Security Branch, Security Division, is designated to act as the Committee Executive Secretary.

§ 1203.901 Responsibilities.

(a) The Chairperson reports to the Administrator concerning the management and direction of the NASA Information Security Program as provided for in Subpart B of this part. In this connection, the Chairperson is supported and advised by the Committee.

(b) The Committee shall act on all appeals from denials of declassifica

60-037 0-80--3

SOURCE: 38 FR 8056, Mar. 28, 1973, unless otherwise noted.

§ 1203a.100 Purpose and scope.

(a) To insure the uninterrupted and successful accomplishment of the NASA mission, certain designated security areas may be established and maintained by NASA installations and component installations in order to provide appropriate and adequate protection for facilities, property, or classified information and material in the possession or custody of NASA or NASA contractors located at NASA installations and component installations.

(b) This Part 1203a sets forth:

(1) The designation and maintenance of security areas,

(2) The responsibilities and procedures in connection therewith, and

(3) The penalties that may be enforced through court actions against unauthorized persons entering security areas.

§ 1203a.101 Definitions.

For the purpose of this part, the following definitions apply:

(a) Security area. A physically defined area, established for the protection or security of facilities, property, or classfied information and material in the possession or custody of NASA or a NASA contractor located at a NASA installation or component installation, entry to which is subject to security measures, procedures, or controls. Security areas which may be established are:

(1) Restricted area. An area wherein security measures are applied primarily for the safeguarding or the administrative control of property or to protect operations and functions which are vital or essential to the accomplishment of the mission assigned to a NASA installation or component installation.

(2) Limited area. An area wherein security me: ures are applied primarily for the safeguarding of classified information and material or unclassified property warranting special protection and in which the uncontrolled movement of visitors would permit access to such classified information and material or property, but within

which area such access may be prevented by appropriate visitor escort and other internal restrictions and controls.

(3) Closed area. An area wherein security measures are applied primarily for the purpose of safeguarding classified information and material; entry to the area being equivalent, for all practical purposes, to access to such classified information and material.

(b) Temporary security area. A designated interim security area, the need for which will not exceed 30 days from date of establishment. A temporary security area may also be established on an interim basis, pending approval of its establishment as a permanent security area.

(c) Permanent security area. A designated security area, the need for which will exceed 30 days from date of establishment.

§ 1203a.102 Establishment, maintenance, and revocation of security areas.

(a) Establishment. (1) Directors of NASA field and component installations, and the Director of Headquarters Administration for NASA Headquarters (including component installations) may establish, maintain, and protect such areas as restricted, limited, or closed depending upon the opportunity available to unauthorized persons either to:

(i) Obtain knowledge of classified information,

(ii) Damage or remove property, or to

(iii) Disrupt Government operations. (2) The concurrence of the Director of Security NASA Headquarters, will be obtained prior to the establishment of a permanent security area.

(3)(i) As a minimum, the following information will be submitted to the Director of Security 15 workdays prior to establishment of each permanent security area:

(a) The name and specific location of the NASA field or component installation, facility, or property to be protected.

(b) A statement that the property is owned by, or leased to, the United States for use by NASA or is the property of a NASA contractor located on

a NASA installation or component installation.

(c) Designation desired: i.e., restricted, limited, or closed.

(d) Specific purpose(s) for the establishment of a security area.

(ii) For those areas currently designated by the installation as "permanent security areas," the information set forth in paragraph (d)(3)(i) of this section will be furnished to the Security Division, NASA Headquarters, within 30 workdays of the effective date of this part.

(b) Maintenance. The security measures which may be utilized to protect such areas will be determined by the requirements of individual situations. As a minimum such security measures will:

(1) Provide for the posting of signs at entrances and at such intervals along the perimeter of the designated area as to provide reasonable notice to persons about to enter thereon. The Director of Security, NASA Headquarters, upon request, may approve the use of signs that are now being used pursuant to a State statute.

(2) Regulate authorized personnel entry and movement within the area.

(3) Deny entry of unauthorized persons or property.

(4) Prevent unauthorized removal of classified information and material or property from a NASA installation or component installation.

(c) Revocation. Once the need for an established permanent security area no longer exists, the area will be returned immediately to normal controls and procedures or as soon as practicable. The Director of Security will be informed of permanent security area revocations within 15 workdays.

§ 1203a.103 Access to security areas.

(a) Only those NASA employees, NASA contractor employees, and visitors who have a need for such access and who meet the following criteria may enter a security area:

(1) Restricted area. Be authorized to enter the area alone or be escorted by or under the supervision of a NASA employee or NASA contractor employee who is authorized to enter the area. (2) Limited area. Possess a security clearance equal to the level of the clas

sified information or material involved or be the recipient of a satisfactorily completed national agency check if classified material or information is not involved. Personnel who do not meet the requirements for unescorted access may be escorted by a NASA employee or NASA contractor employee who meets the access requirements and has been authorized to enter the area.

(3) Closed area. Possess a security clearance equal to the classified information or material involved.

(b) The directors of NASA field and component installations, and the Director of Headquarters Administration for NASA Headquarters (including component installations) may rescind previously granted authorizations to enter a security area when an individual's continued presence therein is no longer required, threatens the security of the property therein, or is disruptive of Government operations.

§ 1203a.104 Violation of security areas.

(a) Removal of unauthorized persons. The directors of NASA field and component installations (or their designees) and the Director of Headquarters Administration for NASA Headquarters (including component installations) or his designee may order the removal or eviction of any person whose presence in a designated security area is in violation of the provisions of this part or any regulation or order established pursuant to the provisions of this part.

(b) Criminal penalties for violation. Whoever willfully violates, attempts to violate, or conspires to violate any regulation or order establishing requirements or procedures for authorized entry into an area designated restricted, limited, or closed pursuant to the provisions of this part may be subject to prosecution under 18 U.S.C. 799 which provides penalties for a fine of not more than $5,000 or imprisonment for not more than 1 year, or both.

§ 1203a.105 Implementation by field and component installations.

If a Director of a NASA field or component installation finds it necessary to issue supplemental instructions to any provision of this part, the instruc

Subpart 5-Delegations and Designations

Sec.

1204.500 Scope of subpart.

1204.501 Power and authority-to take actions in real estate and related matters. 1204.502 Delegations of authority to the Corps of Engineers, U.S. Army, concerning NASA land acquisition activities. 1204.503 Determination and delegation of authority concerning the granting of easements.

1204.504 Determination and delegation of authority concerning the granting of leaseholds, permits and licenses in real property.

1204.505 Delegation of authority to execute certificates of full faith and credit. 1204.506 [Reserved]

1204.507 Delegation of authority to the Corps of Engineers Board of Contract Appeals.

1204.508 Delegation of authority of certain civil rights functions to Department of Health, Education, and Welfare.

EXTRATERRESTRIAL EXPOSURE

1204.509 Power and authority-to exercise authority with respect to extraterrestrial exposure.

Subpart 6-[Reserved]

Subpart 7-Collection of Civil Claims of the United States Arising Out of the Activities of the National Aeronautics and Space Administration

1204.700 Scope of subpart.

1204.701 Incorporation of 4 CFR Chapter II.

1204.702 Delegation of authority.

1204.703 Consultation with appropriate of

ficials; negotiation.

1204.704 Legal review.

1204.705 Services of Inspections Division. 1204.706 Execution of releases.

1204.707 Fraud, false claims, misrepresentation.

Subpart 8-Standards of Conduct for Employee Organizations and Code of Fair Labor Prac

tices

1204.800 Scope of subpart.

1204.801 Policy.

1204.802 Standards of conduct for employ

ee organizations.

1204.803 Code of fair labor practices.

1204.804 Special code enforcement procedures.

Sec.

1204.1406 Procedures in the event of a declared in-flight emergency.

1204.1407 Procedure in the event of an unauthorized use.

Subpart 15-Coordination of NASA Facilities Planning and Projects

1204.1500 Scope.

1204.1501 Policy.

1204.1502 Implementation.

1204.1503 Inclusion of clearinghouse comments.

Appendix A

Subpart 1-[Reserved]

Subpart 2-Employees' Personal Property Claims

AUTHORITY: 31 U.S.C. 240-242.

SOURCE: 35 FR 18112, Nov. 26, 1970, unless otherwise noted.

§ 1204.200 Scope of subpart.

for

This subpart prescribes regulations governing the settlement of claims against the National Aeronautics and Space Administration (NASA) damage to, or loss of, personal property incident to service with NASA. § 1204.201 Claimants.

(a) A claim for damage to, or loss of, personal property incident to service with NASA may be made only by:

(1) An officer or employee of the National Aeronautics and Space Administration;

(2) A member of the uniformed services (Army, Navy, Air Force, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service) assigned to duty with or otherwise under the jurisdiction of NASA;

(3) The authorized agent or legal representative of a person named in paragraph (a)(1) or (2) of this section;

or

(4) The survivors of a person named in paragraph (a)(1) or (2) of this section in the following order of precedence: Spouse; children, father or mother, or both; or brothers or sisters, or both. Claims by survivors may be allowed whether arising before, concurrently with, or after the decedent's