5220.6 (Encl 1) (3) General Manager of the Atomic Energy Commission, in the case of authority vested in the Commissioners of the Atomic Energy Commission; (4) Deputy Administrator of the National Aeronautics and Space Administration, in the case of authority vested in the Administrator of the National Aeronautics and Space Administration; (5) Deputy Administrator of the Federal Aviation Agency, in the case of authority vested in the Administrator of the Federal Aviation Agency; or (6) Deputy Attorney General or an Assistant Attorney General, in the case of authority vested in the Attorney General. SECTION 9. Nothing contained in this order shall be deemed to limit or affect the responsibility and powers of the head of a department to deny or revoke access to a specific classification category if the security of the nation so requires. Such authority may not be delegated and may be exercised only when the head of a department determines that the procedures prescribed in sections 3, 4, and 5 cannot be invoked consistently with the national security and such determination shall be conclusive. THE WHITE HOUSE February 20, 1960 DWIGHT D. EISENHOWER APPENDIX "A" EXECUTIVE ORDER 10909 5220.6 (Encl 1) AMENDMENT OF EXECUTIVE ORDER NO. 10865, By virtue of the authority vested in me by the Constitution and statutes of the United States, and as President of the United States, and as Commander in Chief of the armed forces of the United States, Executive Order No. 10865 of February 20, 1960 (25 F. R. 1583), is hereby amended as follows: Section 1. Section 1(c) is amended to read as follows: "(c) When used in this order, the term 'head of a department' means the Secretary of State, the Secretary of Defense, the Commissioners of the Atomic Energy Commission, the Administrator of the National Aeronautics and Space Administration, the Administrator of the Federal Aviation Agency, the head of any other department or agency of the United States with which the Department of Defense makes an agreement under subsection (b) of this section, and in sections 4 and 8, includes the Attorney General. The term 'department' means the Department of State, the Department of Defense, the Atomic Energy Commission, the National Aeronautics and Space Administration, the Federal Aviation Agency, any other department or agency of the United States with which the Department of Defense makes an agreement under subsection (b) of this section, and, in sections 4 and 8, includes the Department of Justice." Section 2. Section 6 is amended to read as follows: "Sec. 6. The Secretary of State, the Secretary of Defense, the Administrator of the National Aeronautics and Space Administration, the Administrator of the Federal Aviation Agency, or his representative, or the head of any other department or agency of the United States with which the Department of Defense makes an agreement under section 1(b), or his representative, may issue, in appropriate cases, invitations and requests to appear and testify in order that the applicant may have the opportunity to cross-examine as provided APPENDIX "A" 5220.6 (Encl 1) by this order. Whenever a witness is so invited or requested to appear and testify at a proceeding and the witness is an officer or employee of the executive branch of the Government or a member of the armed forces of the United States, and the proceeding involves the activity in connection with which the witness is employed, travel expenses and per diem are authorized as provided by the Standardized Government Travel Regulations or the Joint Travel Regulations, as appropriate. In all other cases (including non-Government employees as well as officers or employees of the executive branch of the Government or members of the armed forces of the United States not covered by the foregoing sentence), transportation in kind and reimbursement for actual expenses are authorized in an amount not to exceed the amount payable under Standardized Government Travel Regulations. An officer or employee of the executive branch of the Government or a member of the armed forces of the United States who is invited or requested to appear pursuant to this paragraph shall be deemed to be in the performance of his official duties. So far as the national security permits, the head of the investigative agency involved shall cooperate with the Secretary, the Administrator, or the head of the other department or agency, as the case may be, in identifying persons who have made statements adverse to the applicant and in assisting him in making them available for crossexamination. If a person so invited is an officer or employee of the executive branch of the Government or a member of the armed forces of the United States, the head of the department or agency concerned shall cooperate in making that person available for cross-examination." Sec. 3. Section 8 is amended by striking out the word "or" at the end of clause (5), by striking out the period at the end of clause (6) and inserting "; or" in place thereof, and by adding the following new clause at the end thereof: "(7) the deputy of that department, or the principal assistant to the head of that department, as the case may be, in the case of authority vested in the head of a department or agency of the United States with which the Department of Defense makes an agreement under section 1(b)." THE WHITE HOUSE January 17, 1961 94-756 68 pt. 2 --10 DWIGHT D. EISENHOWER APPENDIX "A" TITLE 3 THE PRESIDENT EXECUTIVE ORDER 10421 PROVIDING FOR THE PHYSICAL SECURITY OF FACILITIES IMPORTANT TO THE NATIONAL ATIONAL DEFENSE By virtue of the authority vested in me by the Constitution and statutes, and as President of the United States, it is hereby ordered as follows: SECTION 1. As used in the following sections of this order: (a) The word "facilities" means those Government-owned and privately owned plants, mines, facilities (including buildings occupied in whole or in part by any Federal agency), materials, products, and processes, and those Government-provided and privately-provided services, which are of importance to defense mobilization, defense production, or the essential civilian economy and are located or provided in the continental United States or in the Territories or possessions of the United States: Provided, That the Chairman of the National Security Resources Board may, upon proper notice to affected Federal agencies, from time to time amend the foregoing definition of "facilities," with respect to any or all parts of this order, as he shall deem to be compatible with the purposes of this order. (b) The term "physical security" means security against sabotage, espionage, and other hostile activity and other destructive acts and omissions, but excludes security attributable to operations of military defense or combat and excludes also activities with respect to the dispersal and post-attack rehabilitation of facilities. (c) The word "Chairman" means the Chairman of the National Security Resources Board. SEC. 2. With a view toward the maintenance of essential production and the security of the United States, to the extent permitted by law, and subject to the provisions of this order, Federal agencies shall develop and execute programs and measures for the physical security of facilities within the cognizance of such agencies, respectively. SEC. 3. (a) In addition to carrying out the functions conferred upon him by law, the Chairman shall supervise and bring into harmonious action the programs and measures referred to in section 2 of this order. (b) More particularly, the Chairman shall from time to time: (1) Prescribe policies and programs cies with respect to the physical security governing the activities of Federal agenof facilities, including the activities involved in carrying out section 4 (a) hereof (respecting security ratings). (2) With the advice and assistance of appropriate Federal agencies, develop and promulgate standards of physical security to be applicable to facilities, which standards shall as far as practicable accommodate differences in degrees and types of physical security required, different categories of facilities, different security ratings, and such other considerations as may be pertinent. (3) Assign facilities to Federal agencies, insofar as deemed practicable by the Chairman on the basis of the interests and general cognizance of agencies, for the performance by such agencies of the following functions, subject to the direction of the Chairman: (A) the furnishing of advice to the management or owner of a facility with respect to developing and administering the physical security program thereof; (B) in consultation with the management or owner of a facility and with other technically qualified persons, the development of physical security measures for such facility and, when necessary, the authorization of standards of physical security therefor which differ from the standards prescribed under section 3 (b) (2) hereof; (C) such supervision as may be apsecurity measures to assigned facilities; propriate of the application of physical (D) the furthering, by other measures designated by the Chairman, of the physical security of assigned facilities; and (E) the appraisal of the adequacy and efficiency of the physical security measures taken. (4) Approve or revise security ratings established under section 4 (a) hereof and transmit the security ratings so approved or revised to agencies assigned "facilities under section 3 (b) (3) hereof, The Chairman may make any approved or revised security rating available to Federal agencies other than the agency to which a facility concerned is assigned, for such uses related to the maintenance of production or the national security as the Chairman may approve. (5) Review the physical security programs and measures of Federal agencies as to effectiveness and as to conformity with the policies and directives of the Chairman under this order. (6) Obtain from Federal agencies reports, recommendations, and information deemed by the Chairman to be essential to the discharge of his responsibilities under this order. (7) Consult with Federal agencies having responsibilities related to functions set forth in this order, for the purpose of furthering coordination of policies and activities; and develop, and report to the President concerning, programs which properly relate the physical security of facilities and other measures designed to maintain and store essential productive capability. (8) Make available, or cause to 4 (a) hereof, Federal agencies which have, or can best obtain, data on plant locations, plant capacities, production, service industries, technical processes, and production requirements, and other similar information shall make available to the Secretary of Commerce such data and information. In the event of any disagreement with respect to mak ing data or information available under this section 4 (c), the Chairman shall resolve such disagreement and the declsion of the Chairman shall be final. (d) The Industry Evaluation Board is continued and shall, to such extent and in such manner as the Secretary of Commerce may direct, assist the Secretary in carrying out the functions of the Secretary under section 4 (a) hereof. The Secretary, with the approval of the Chairman, may from time to time alter the composition of the said Board. There is hereby terminated the nowexisting Presidentially approved assignment of functions to the said Board. SEC. 5. Each Federal procurement its procurement contracts agreements agency which obtains in connection with requiring contractors to provide physical security measures for their facilities view of such agreements. The purpose shall provide in such agency for the reof such review shall be to assure conre-formity of the physical security measures required by the agreements with the standards prescribed under section 3 (b) made available, to Federal agencies such of the information developed in connection with carrying out section 4 (a) hereof as the Chairman deems to be needed by those agencies in connection with the physical security of facilities or other aspects of the maintenance of production. (9) Keep the President informed as may be necessary concerning the matters encompassed by this order and furnish him such recommendations as may be appropriate. (10) Consistent with law, establish such advisory bodies as the Chairman may deem necessary to assist him in carrying out his functions under this order. SEC. 4. (a) The Secretary of Commerce shall from time to time establish and transmit to the Chairman security ratings of facilities, based on the relative importance thereof to defense mobilization, defense production, and essential civilian economy. (b) In carrying out section 4 (a) hereof, the Secretary of Commerce shall consult with Federal agencies as may be appropriate.. (c) To the extent necessary for the performance of functions under section (2) hereof. SEC. 6. (a) The Facilities Protection Board is transferred to the jurisdiction of the Chairman. Existing arrangements concerning the physical location of and administrative support for the Board may be continued. (b) The Facilities Protection Board shall hereafter consist of one representative of each of the following agencies, namely, the Departments of Defense, Commerce, Interior, and Labor, the Atomic Energy Commission, the Federal Civil Defense Administration, and such other agencies as the Chairman may from time to time designate. Each such representative shall be designated by the head of the agency he is to represent. Each person who is now a member of the Board may continue as a member without the necessity of redesignation by reason of this order. The Chairman of the National Security Resources Board shall from time to time designate from among the members of the Board a Chairman of the Facilities Protection Board. (c) The Board shall assist and advise the Chairman in carrying out the functions vested in him by this order. There is hereby terminated the now-existing |