(i) RD, FRD, and TFNI. 12829, to provide guidance to the CSAs and USG agencies under the NISP. The export of technical data pursuant to such agreements may be exempt by approval of the Department of State or the Department of Commerce. (viii) Adoption of special board resolutions. When contractor cleared facilities' responses to the ISOO cost collection survey were cross referenced with the DoD small business analysis (using the Small Business Administration (SBA) Dynamic Small Business Search), DoD estimated an average security cost for a small business with approved storage of classified information of $133,612. (3) Visits by USG representatives. Additional guidance may be provided by the responsible CSA. Changes Made by This Rule and Expected Impact, B. (2) Escorts must have an eligibility determination and access to classified information at the classification level of the material being shipped. Cleared commercial carrier means a carrier that is authorized by law, regulatory body, or regulation to transport SECRET and CONFIDENTIAL material and has been granted a SECRET facility clearance in accordance with the NISP. (3) Working papers. The physical security measures for the classified sessions will provide for control of, access to, and dissemination of, the classified information to be presented and will provide for secure storage capability, if necessary. (a) General. Information means any knowledge that can be communicated or documentary material, regardless of its physical form or characteristics. (ii) Government agency arrangements. Depending on the nature of COMSEC access required, either a COMSEC briefing or a cryptographic access briefing will be given. Working papers will be marked, destroyed, and retained in accordance with § 117.15(e)(3). If the employee again requires access to classified information and has been in the contractor's continuous employment, and the employee again requires access to classified information, the contractor may provide access to classified information without further investigation, based on CSA guidance, so long as the employee remains eligible for access to classified information and has a current investigation of a scope that meets or exceeds that necessary for the access required and no new derogatory information is known. If the information is comingled with CUI, or qualifies as CUI once declassified, it will be marked and protected as CUI until it is decontrolled pursuant to 32 CFR part 2002 and reviewed for public release. (h) Derivative classification.—(1) Initial training. Contractors will cooperate with Federal agencies and their officially credentialed USG or contractor representatives during official reviews, investigations concerning the protection of classified information, or personnel security investigations of present or former employees and others (e.g., consultants or visitors). There are estimated costs savings as this small number of cleared entities and their entity cleared employees designated to work on specific classified contracts involving proscribed information will no longer have to wait at least 60 days for NIDs after contract award for access to proscribed information when all other requirements have been met for access to classified information and contract performance. Under a VT, the foreign owner transfers legal title its ownership interests in the entity to the trustees. Section 842 of Public Law 115-232 and this final rule provide that a covered NTIB entity operating under an SSA pursuant to the NISP, shall not be required to obtain a NID as a condition for access to proscribed information, effective October 1, 2020. The CSA will take whatever action is necessary to protect classified information, in coordination with other affected agencies as appropriate. (4) Rendering other necessary assistance. (iii) Provide this guidance to the contractor in the contract security classification specification, or equivalent. 13526. Challenges to classification status are in paragraph (e) in this section. DoD estimated the costs impacting small entities from the approximately 32% of the remaining small businesses, as those would have approval to store classified information or process classified information on an information system or network at one of the contractor's own cleared facilities. Depending upon CSA specific guidance, a CSA may instead conduct such training. (i) Prime contractors, including subcontractors who have in turn subcontracted work, will report any information coming to their attention that may indicate that classified information cannot be adequately protected by a subcontractor, or other circumstances that may impact the validity of the eligibility for access to classified information of any subcontractors. (13) Reporting of improper receipt of foreign government material. The contractor will provide a statement indicating: (A) Whether the new KMP are cleared for access to classified information, and if cleared, to what level they are cleared and when they were cleared, their dates and places of birth, social security numbers, and citizenship. 13526, or any predecessor or successor order, and the AEA of 1954, as amended, to require protection against unauthorized disclosure in the interest of national security and which has been so designated. (2) Retains authority over access to intelligence sources, methods, and activities, including SCI. Agency agreements establish the terms of the Secretary of Defense's (or the Secretary of Defense's designee's) responsibilities when acting as the CSA on behalf of these agency heads. (k) Termination of security agreement. Working hours means the period of time when: (1) There is present in the specific area where classified material is located, a work force on a regularly scheduled shift, as contrasted with employees working within an area on an overtime basis outside of the scheduled work shift; and. This is not the same as a limited entity eligibility determination for purposes not related to FOCI. documents in the last year, 351 The contractor may transmit classified material to a USG activity outside the United States or a U.S. territorial area only under the provisions of a classified contract or with written authorization from the GCA. (B) Limitations on their authority to remove TFNI portions from matter. Material means any product or substance on or in which information is embodied. (b) Contractor Security Officials. (iv) The contractor's empowered official is responsible for requests for all export authorizations, including ones that will involve the transfer of classified information.