denial may be issued without his concur rence. b. The Special Assistant to the Secretary for Public Affairs or his designee shall be consulted before any decision is reached on an appeal from an initial denial, and may be consulted on any matiers. c. As provided in chapter I, subsection 4.01 of the Department's Handbook of Security Regulations and Procedures, any proposed final denial based even in part on the ground that the matter is exempted from disclosure under 5 U.S.C. 552(b)(1) (classified information) shall be reviewed by the Department of Commerce National Security Classification Review Committee, and no such final denial be issued without its concurrence. d. If an initial denial is based, even in part, on the ground that the matter is exempted from disclosure under 5 U.S.C. 552 (b)(3) because of the provisions of section 7(c) of the Export Administration Act of 1969, as amended (50 U.S.C. App. 2406 (c)), or by section 6(c) of its predecessor, the Export Control Act of 1949, as amended, the requester shall be informed that his appeal is to be addressed directly to the Secretary of Commerce, why this is so, and that the appeal is to explain why the Secretary shall make the requisite statutory section 7(c) determination in this case. .05 Annual Report (5 U.S.C. 552(d) of the Act). a. The Assistant Secretary for Administration shall prepare and transmit to the Congress on or before March 1 of each year the annual report required by the Act. b. To assist in the preparation of the report, each official specified in subsection 4.01 of this order, shall, no later than January 31 of each year, provide the Assistant Secretary for Administration with the information specified in the Act and such other information as he may require. SEC. 6. Supplementary rules. .01 The Secretary may from time to time issue such supplementary rules or instructions as he deems appropriate to carry out the purposes of this order. .02 Each duly authorized official may issue rules covering his respective area of responsibility designed to implement this order, and which are consistent herewith and with any rules issued by the Assistant Secretary for Administration. SEC. 7. Effect on other orders. This order supersedes Department Administrative Order 205-12 of June 29, 1967, as amended. Any other prior orders, rules, or instructions, or parts thereof, the provisions of which are inconsistent or in conflict with the provisions of this order, are hereby constructively amended or superseded. MARCH 6, 1975. FREDERICK B. DENT, Secretary of Commerce. APPENDIX B-FREEDOM OF INFORMATION PUBLIC FACILITIES AND ADDRESSES FOR REQUESTS FOR RECORDS The following public reference facilities have been established within the Department of Commerce (a) for the public inspection and copying of materials of particular units of the Department under 5 U.S.C. 552(a)(2) or determined to be available for response to requests made under 5 U.S.C. 552(a)(3); (b) for furnishing information and otherwise assisting the public concerning Departmental operations under the Freedom of Information Act; and (c) as addresses, in some instances, for the receipt and processing of requests for records under 5 U.S.C. 552(a)(3). Units having separate mailing addresses are noted below. Requests should be addressed to the unit which the requester knows or has reason to believe has possession or control or has primary concern with the records sought. Otherwise, requests should be addressed to the Central Reference and Records Inspection Facility. Department of Commerce Freedom of Information Central Reference and Records Inspection Facility, Room 5319, Department of Commerce Building, 14th Street between Constitution Avenue and E Street, NW., Washington, D.C. 20230. Phone (202) 3774217. This facility serves the Office of the Secretary of Commerce and all other units of the Department not identified below as explained at Sec. 15 CFR 4.4(c) and (d). Bureau of the Census, Freedom of Information Request Control Desk, Room 2428, Federal Building 3, Washington, D.C. 20233. Phone (301) 763-5410. Bureau of Economic Analysis, Public Reference Facility, Room B7, Tower Building, 1401 K Street, NW., Washington, D.C. Phone (202) 523-0595. Mailing address: Bureau of Economic Analysis, Freedom of Information Request Control Desk, Room 705A, Tower Building, 1401 K Street, NW., Washington, D.C. 20230. Economic Development Administration. Freedom of Information Records Inspection Facility, Room 7019, Department of Commerce Building, 14th Street between Constitution Avenue and E Street, NW., Washington, D.C. 20230. Phone (202) 377-5113. Mailing addresses of regional EDA Offices: Atlantic Regional Office, EDA, U.S. Department of Commerce, Federal Building, Freedom of Information Request Control Desk, 600 Arch Street, Room 10424, Philadelphia, Pennsylvania 19106. Southeasteren Regional Office, EDA, U.S. Department of Commerce, Freedom of Information Request Control Desk, Suite 700. 1365 Peachtree Street, NE., Atlanta, Georgia 30309. Rocky Mountain Regional Office, EDA, U.S. Department of Commerce, Freedom of Information Request Control Desk, Suite 505, Title Building, 909 17th Street, Denver, Colorado 80202. Midwestern Regional Office, EDA, U.S. Department of Commerce, Freedom of Information Request Control Desk, 175 West Jackson Blvd., Suite A-1630, Chicago, Illinois 60604. Western Regional Office, EDA, U.S. Department of Commerce, Freedom of Information Request Control Desk, 1700 Westlake North, Seattle, Washington 98109. Southwestern Regional Office, EDA, U.S. Department of Commerce, Freedom of Information Request Control Desk, American Bank Tower, Suite 600, 211 West Sixth Street, Austin, Texas 78701. Industry and Trade Administration, Freedom of Information Records Inspection Facility, Room 3012, Department of Commerce Building, 14th Street between Constitution Avenue and E Street, NW., Washington, D.C. 20230. Phone (202) 377-3031. Maritime Administration, Freedom of Information Records Inspection Facility, Room 3895, Department of Commerce Building, 14th Street between Constitution Avenue and E Street, NW., Washington, D.C. 20230. Phone (202) 377-2746. Mailing address: Maritime Administration, Freedom of Information Request Control Desk, Secretary, Maritime Administration, Room 3099-B, U.S. Department of Commerce, Washington, D.C. 20230. National Bureau of Standards, Freedom of Information Records Inspection Facility, Room E120, Administration Building, Gaithersburg, Maryland. Phone (301) 9212425. Mailing address: National Bureau of Standards, Freedom of Information Request Control Desk, Room A1128, U.S. Department of Commerce, Washington, D.C. 20234. (Gaithersburg, Maryland). National Oceanic and Atmospheric Administration, Public Reference Facility, Administrative Documentation Officer (AD 312), Room 324, Building 5, Washington Science Center, 6010 Executive Boulevard, Rockville, Maryland 20852. Phone (301) 4438192. National Technical Information Service, Freedom of Information Records Inspection Facility, Room 1016, 5285 Port Royal Road, Springfield, Virginia 22161. Phone (703) 557-4710. National Telecommunications and Information Administration, Freedom of Information Request Control Desk, 1800 G Street, NW., Washington, D.C. 20504. Phone (202) 395-4737. Office of Minority Business Enterprise, Freedom of Information Office, Room 5067, Department of Commerce Building, 14th Street between Constitution Avenue and E Street, NW., Washington, D.C. 20230. Phone (202) 377-5641. Patent and Trademark Office, Freedom of Information Records Inspection Facility, Room 11C12, Building 3, Crystal Plaza, Arlington, Virginia. Phone (703) 557-3525. Mailing address: Patent and Trademark Office, Freedom of Information Request Control Desk, Box 50, Washington, D.C. 20231. United States Fire Administration, Freedom of Information Request Control Desk, Room 302, 2400 M Street, NW., Washington, D.C. Mailing address: United States Fire Administration, Freedom of Information Request Control Desk, P.O. Box 19518, Washington, D.C. 20036. United States Travel Service, Freedom of Information Request Control Desk, Room 1524, Department of Commerce Building, 14th Street between Constitution Avenue and E Street, NW., Washington, D.C. 20230. Phone (202) 377-3811. [44 FR 10364, Feb. 20, 1979] APPENDIX C-OFFICIALS AUTHORIZED Το MAKE INITIAL DENIALS OF REQUESTS FOR RECORDS The following officials of the Department have been delegated authority to initially deny requests for records of their respective units for which they are responsible. (The listings are subject to change because of organizational revisions or new delegations. Accordingly, the Director, Office of Organization and Management Systems is specifically authorized to amend or revise this Appendix from time to time in order to reflect such changes.) Office of the Secretary: *Deputy Under Secretary. *Executive Assistant to the Secretary. *Office of Regional Development: Spe- Office of the Assistant Secretary for Administration: Deputy Assistant Secretary for Administration. Appeals Board Chairman. Director and Deputy Director, Office of Director, Office of Budget and Program Director, Office of Civil Rights. *Appeals to initial denials by the above officials are to be submitted to the Assistant Secretary for Administration. Office of the Controller: Controller and Director, Finance Oper- Director and Deputy Director, Office of Director and Deputy Director, Office of Office of Organization and Management Director; Deputy Director; Chiefs, Emergency Planning and Coordination Division; Information Management Division; Management Analysis Division. Office of Personnel: Director; Deputy Director; Chief, Medical Division; Policy Officer, Policy Staff. Office of Procurement and ADP Management: Director; Chief, ADP Policy Division. Office of the Assistant Secretary for Congressional Affairs: Deputy Assistant Secretary for Congressional Affairs. Office of the Assistant Secretary for Policy: Deputy Assistant Secretary for Domestic Economic Policy Coordination; Deputy Assistant Secretary for Ocean, Resource, and Scientific Policy Coordination; Deputy Assistant Secretary for Interna- Director, Office of Policy Planning and Office of the Assistant Secretary for Science and Technology: Deputy Assistant Secretary for Science and Technology. Office of the Chief Economist of the Department of Commerce: Deputy Chief Economist. Office of the General Counsel: Deputy General Counsel and Assistant General Counsel for Administration. Office of Inspector General: Assistant Inspector General for Auditing; Assistant Inspector General for Investigations. Bureau of Census: Associate Director of Administration and Field Operations. Bureau of Economic Analysis: Deputy Director. Economic Development Administration: Di- Director, Office of Management and Director, Office of Administrative Sup- Director, Office of Budget. Director, Office of Personnel. Director, Office of International Com- Bureau of Field Operations: Deputy Assistant Secretary for Field Operations. Bureau of Domestic Business Development: Director, Office of Business Programs; Director, Office of Producer Goods; Director, Office of Consumer Goods and Service Industries; Director, Office of Business Policy Analysis; Director, Office of Textiles; Director, Office of the Ombudsman; Director, Office of Basic Industries. Bureau of Export Development: Director, Commerce Action Group for the Near East; Director, Office of International Marketing; Director, Office of Export Development; Director, Office of Market Planning. Bureau of East-West Trade: Director, Office of East-West Trade De- Director, Office of East-West Country Director, Office of East-West Policy and Bureau of International Economic Policy and Planning: Director, Office of International Trade Director, Office of International Fi Director, Office of International Economic Research; Director, Office of Foreign Investment in the U.S.; Director, Office of Country Affairs. Bureau of Trade Regulation: Director, Office of Export Administration; Director, Office of Industrial Mobilization; Director, Statutory Import Programs Director, Office of International Affairs. Associate Administrator for Telecommu- Deputy Associate Administrator for Federal Systems and Spectrum Management; Director, Government Communications; Director, Spectrum Plans and Policies. Associate Administrator for Institute for Telecommunication Sciences; Deputy Director, Institute for Telecommunication Sciences. Associate Administrator for Policy Analysis and Development: Deputy Associate Adininistrator for Director, Economic Assessment of Spec- Director, International Policy Program; Director, Information Policy Program. Office of Minority Business Enterprise: Chief Counsel and Deputy Chief Counsel. Patent and Trademark Office: Solicitor of Patents, or in his absence the Deputy Solicitor. United States Fire Administration: Chief Counsel. United States Travel Service: Directors, Office of Administration; Office of Policy and Research; Office of Market Develop § 4a.2 Policies. The use and application of security classification shall be limited to only that information which is truly essential to the national security. In no case shall information be classified in order to conceal inefficiency or administrative error, to prevent embarrassment to a person or department, to restrain competition or independent initiative, or to prevent for any other reason the release of information which does not require protection in the interest of national security. If the classifier has any substantial doubt as to which security classification category is appropriate, or as to whether the material should be classified at all, he should take the less restrictive course of action. Both unnecessary classification and overclassification shall be carefully avoided. § 4a.3 Department of Commerce National Security Classification Review Committee. The Secretary has established the Department of Commerce National Security Classification Review Committee pursuant to section X of the Presidential Directive of May 17, 1972. The committee is composed of the Director, Departmental Office of Investigations and Security (Chairman), and representatives from the Departmental Offices of General Counsel, Organization and Management Systems, and Personnel. Additionally, the Chairman may from time to time identify other organizations of the Department to furnish representation. (a) This committee shall have responsibility for the following functions: (1) To resolve all suggestions and complaints concerning the implementation and administration of E.O. 11652 and the Directive of May 17, 1972, including those concerning overclassification, failure to declassify, or delays in declassification not otherwise resolved. (2) Tc review all appeals of requests for records under the Freedom of Information Act (title 5 U.S.C., section 552) when the proposed denial is based on their continued classification under E.O. 11652. (3) To recommend to the Secretary of Commerce appropriate administrative action to correct abuse or violation of any provision of E.O. 11652 or the Directive of May 17, 1972. (b) All suggestions, complaints or appeals to this committee should be addressed to the Director, Departmental Office of Investigations and Security, Room 5044, Main Commerce Building, 14th Street between E and Constitution Avenue NW., Washington, DC 20230. Subpart B-Classification § 4a.21 General. Official information or material which requires protection against unauthorized disclosure in the interest of the national defense or foreign relations of the United States (hereinafter collectively termed "national security") shall be classified in one of three categories, namely Top Secret, Secret or Confidential, depending upon the degree of its significance to national security. No other categories shall be used to identify official information or material as requiring protection in the interest of national security, except as otherwise expressly provided by statute. These classification categories are described and discussed in § 4a.22 below. § 4a.22 Security classification categories. (a) Top Secret. Top Secret refers to that national security information or material which requires the highest degree of protection. The test for assigning Top Secret classification shall be whether its unauthorized disclosure could reasonably be expected to cause exceptionally grave damage to the national security. Examples of "exceptionally grave damage" include armed hostilities against the United States or its allies; disruption of foreign relations vitally affecting the national security; the compromise of vital national defense plans or complex cryptologic and communications intelligence systems; the revelation of sensitive intelligence operations; and the disclosure of scientific or technological developments vital to national security. The classification Top Secret shall be used with the utmost restraint. |