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CHAPTER VI-NATIONAL SCIENCE

FOUNDATION

Part

Page

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612 613 614

Classification and declassification of national se

curity information
Uniform administrative requirements for grants

and cooperative agreements to State and local

governments
New restrictions on lobbying
Nondiscrimination on the basis of handicap in pro-

grams and activities receiving Federal financial

assistance
Enforcement of nondiscrimination on the basis of

handicap in programs or activities conducted by

the National Science Foundation
Salary offset ...
Claims collection and administrative offset
Nondiscrimination in federally-assisted programs

of the National Science Foundation-effec

tuation of title VI of the Civil Rights Act of 1964
Availability of records and information
Privacy Act regulations
Government in the Sunshine Act regulations of the

National Science Board
Testimony and production of records
Nondiscrimination on the basis of age in programs

or activities receiving Federal financial assist

ance from NSF
Governmentwide debarment and suspension

(nonprocurement) and governmentwide require

ments for drug-free workplace (grants) .....
Compliance with the National Environmental Pol-

icy Act ....
Environmental assessment procedures for proposed

National Science Foundation actions in Antarc

tica ...... Patents

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137 139

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Part 660

670 671 672

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680

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Intergovernmental review of the National Science

Foundation programs and activities
Conservation of Antarctic animals and plants ........
Waste regulation .........
Enforcement and Hearing Procedures; Tourism

Guidelines .....
NSF conflict-of-interests rules and standards of

conduct: Introduction and general provisions ......
Conflicts or potential conflicts in handling propos-

als and awards
Representational restrictions and involvement

with proposals and projects during and after NSF

service ..................
Other conflicts rules
Rules for consultants, board members, and other

“special employees”.
Misconduct in science and engineering .........
Protection of human subjects ........
Subject Index to 45 CFR Parts 680_684 ........

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PART 601-CLASSIFICATION AND (b) Encouraging Foundation person

DECLASSIFICATION OF NA nel to challenge those classification deTIONAL SECURITY INFORMATION

cisions they believe to be improper.

(c) Issuing directives that ensure

classified information is used, procSec.

essed, stored, reproduced and transmit601.1 Purpose. 601.2 Classification authority.

ted only under conditions that will pro601.3 Security program.

vide adequate protection and prevent 601.4 Classification Review Committee. access by unauthorized persons. 601.5 Derivative classification.

(d) Recommending to the Director 601.6 Downgrading and declassification. appropriate administrative action to 601.7 Mandatory declassification review.

correct abuse or violation of any provi601.8 Access to classified materials.

sion of these regulations, including no601.9 Access by historical researchers and

tification by warning letters, formal former Presidential appointees.

reprimand, and to the extent permitted AUTHORITY: E.O. 12356, 43 FR 14874, Apr. 2,

by law, suspension without pay and re1982.

moval. SOURCE: 47 FR 57284, Dec. 23, 1983, unless otherwise noted.

8 601.4 Classification Review Commit

tee. 8601.1 Purpose.

The Security Officer (Information) Pursuant to Executive Order 12356 chairs the Foundation's Classification and Information Security Oversight Of- Review Committee which has authorfice Directive No. 1, the National ity to act on all suggestions and comScience Foundation (Foundation) is

plaints with respect to the Foundasues the following regulations. The reg- tion's administration of the regulaulations identify the information to be tions. The Assistant Directors and the protected, prescribe classification, de Heads of other offices reporting to the classification, downgrading, and safe- Director serve as members of the Comguarding procedures to be followed, and mittee. All suggestions and complaints establish a monitoring system to en including

those regarding sure the regulations' effectiveness. overclassification, failure to classify,

or delay in declassifying not otherwise 8601.2 Classification authority.

resolved, shall be referred to the ComThe Foundation does not have origi- mittee for resolution. The Committee nal classification authority under Ex- shall establish procedures to review ecutive Order 12356. In any instance and act within 30 days upon all appeals where a Foundation employee develops regarding requests for declassification. information that appears to warrant The Committee is authorized to overclassification because of its national rule previous determinations in whole security character, the material will be or in part when in its judgment, conafforded protection and sent to the Di- tinued protection is no longer required. vision of Administrative Services If the Committee determines that con(DAS). Upon determination that classi- tinued classification is required under fication is warranted, DAS will submit the criteria of the Executive Order, it such material to the agency that has shall promptly so notify the requester appropriate subject matter interest and advise him that he may file an apand classification authority.

plication for review with the Founda

tion. In addition, the Committee shall $ 601.3 Security program.

review all appeals of requests for The Director, Division of Administra records under section 552 of title 5 tive Services, is responsible for con U.S.C. (Freedom of Information Act) ducting a security program that en

when the proposed denial is based on sures effective implementation of Ex

their continued classification under ecutive Order 12356, to include:

Executive Order 12356. (a) Maintaining active training and orientation programs for employees

8 601.5 Derivative classification. concerned with classified information Distinct from "original" classificaor material.

tion is the determination that information is in substance the same as infor- cessor; a supervisory official of either; mation currently classified, because of or officials delegated such authority in incorporating, paraphrasing, restating writing by the Director. or generating in new form information (c) The Director shall conduct interthat is already classified, and marking nal systematic review programs for the newly developed material consist classified information originated by ent with the marking of the source in the Foundation contained in records formation. Persons who only repro determined by the Archivist to be perduce, extract, or summarize classified manently valuable but that have not information, or who only apply classi been accessioned into the National Arfication markings derived from source chives of the United States. material or as directed by a classifica (d) The Archivist of the United tion guide, need not possess original States shall, in accordance with proceclassification authority.

dures and timeframes prescribed in the (a) If a person who applies derivative Information Security Oversight Ofclassification markings believes that fice's directives implementing E.O. the paraphrasing, restating, or summa 12356, systematically review for declasrizing of classified information has sification or downgrading, classified changed the level of or removed the records accessioned into the National basis for classification, that person Archives of the United States. Such inmust consult for a determination an formation shall be reviewed by the Arappropriate official of the originating chivist for declassification or downagency or office of origin who has the grading in accordance with systematic authority to upgrade, downgrade, or review guidelines that shall be prodeclassify the information.

vided by the head of the agency that (b) The person who applies derivative originated the information, or in the classification markings shall observe case of foreign government informaand respect original classification deci tion, by the Director of Information sions; and carry forward to any newly Security Oversight Office in consultacreated documents any assigned au- tion with interested agency heads. thorized markings. The declassification date or event that provides the

8601.7 Mandatory declassification relongest period of classification shall be

view. used for documents classified on the (a) The Division of Administrative basis of multiple sources.

Services is hereby designated as the of

fice to which members of the public or 8 601.6 Downgrading and declassifica

Departments may direct requests for tion.

mandatory review for declassification Executive Order 12356 prescribes a under this provision. In the case of docuniform system for classifying, declas uments originally classified by the sifying, and safeguarding national se Foundation, this office shall, in turn, curity information.

assign the request to the appropriate (a) Information shall be declassified office for action within 60 days. In each or downgraded as soon as national se instance, receipt of the request will be curity considerations permit. The Na- acknowledged in writing immediately tional Science Foundation shall coordi- by the office that has been assigned acnate their review of classified informa- tion. A request for classification review tion with other agencies that have a di- must reasonably describe the docurect interests in the subject matter. In ment. formation that continues to meet the (b) Whenever a request is deficient in classification requirements prescribed its description of the record sought, by Section 1.3 despite the passage of the requester should be asked to protime will continue to be protected in vide additional identifying information accordance with Executive Order 12356. to the extent possible. Whenever a re

(b) Foundation documents may be de- quest does not reasonably describe the classified or downgraded by the official information sought, the requester shall who authorized the original classifica- be notified that unless additional infortion, if that official is still serving in mation is provided or the scope of the the same position; the originator's suc- request is narrowed, no further action

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