RELEASE OF SENSITIVE SECURITY INFORMATION



RELEASE OF SENSITIVE SECURITY INFORMATION

The grantee may receive information that is designated by the Transportation Security Administration (TSA) as restricted under 49 CFR 1520 as detrimental to the safety of passengers in air, and other modes of transportation, in accordance with 49 USC Sec. 40119( SSI Information).

In accordance with grantee Federal Advisory Committee Act (FACA) Procedures, the grantee shall protect such SSI Information from disclosure, or close certain data- gathering meetings to the public only if the TSA provides written confirmation that the information to be disclosed orally or in writing has been designated as information protected from disclosure in accordance with 49 CFR Part 1520, and is therefore exempt from disclosure under the Freedom of Information Act, 5 USC Sections 552(b)(3). The TSA will clearly label all SSI Information presented to the grantee substantially as follows:

" WARNING: This document contains Sensitive Security Information that is controlled under 49 CFR 1520. No part of this document may be released to persons without a need to know, as defined in 49 CFR 1520, except with the written permission of the TSA Administrator, Washington, DC. Unauthorized release may result in civil penalty or other action. For U.S. Government agencies, public release is governed by 5 U.S.C. 522."

Information which TSA has not so marked for protection will be handled in accordance with grantee FACA Procedures providing for public access. The grantee intends to publish its findings, conclusions, advice or recommendations in a public report. The grantee will provide the TSA with the opportunity to screen the final public deliverable report(s)(Grantee Report(s)), 10 business days prior to public release, for the sole purpose of ensuring that the Grantee Report(s) do not contain SSI Information or classified national security information, but the TSA shall refrain from commenting on the substance of the Report(s).

TSA Policy and Procedures relative to SSI Information may be found in "Interim Sensitive Security Information(SSI), Policies and Procedures for Safeguarding and Control" published by the TSA on October 3, 2003, and available at .

SECURITY CLASSIFICATION GUIDANCE

Portions of this grant may involve access to national security information properly classified in accordance with Executive Order (EO) 12958 (Classified Information). Classification Guides relevant to this grant shall be provided by the TSA and adhered to by the Grantee to the extent consistent with the public access requirements of Section 15 of FACA. Additional security guidance shall be provided by the TSA upon request , or as additional guidance is generated. TSA agrees to make best efforts to provide, upon request, information that the grantee will use to determine in accordance with grantee FACA Procedures, whether records or other data provided by TSA to the grantee are properly classified in accordance with EO 12958 and exempt from disclosure under

5 USC section 552(b)(1). Information received by the contractor that is not clearly marked as National Security Classified Information shall be made available to the public in accordance with grantee FACA Procedures.

The grantee intends to publish its findings, conclusions, advice or recommendations in Grantee Report(s). The Grantee shall provide the cognizant TSA Grant Technical Monitor, and the TSA Assistant Administrator, Office of Security Technology, or his designee, with opportunities to screen Grantee Report(s) 10 business days prior to the public release for the sole purpose of ensuring that Grantee Report(s) do not contain classified national security information, but the TSA shall refrain from commenting on the substance of the Report(s)

TSA Policy, Procedures and Points of Contact relative to Classified National Security Information may be found in TSA Management Directive No. 2800.8, "Information Security (INFOSEC) Program", dated May 14, 2004, and available at .

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