Attachment A5 - 49 CFR part 1520.11(b)

§ 1520.11

49 CFR Ch. XII (10–1–13 Edition)

wreier-aviles on DSK5TPTVN1PROD with CFR

(2) Inform the sender of the record
that the record must be marked as
specified in § 1520.13.
(c) Duty to report unauthorized disclosure. When a covered person becomes
aware that SSI has been released to unauthorized persons, the covered person
must promptly inform TSA or the applicable DOT or DHS component or
agency.
(d) Additional Requirements for Critical
Infrastructure Information. In the case
of information that is both SSI and has
been designated as critical infrastructure information under section 214 of
the Homeland Security Act, any covered person who is a Federal employee
in possession of such information must
comply with the disclosure restrictions
and other requirements applicable to
such information under section 214 and
any implementing regulations.
§ 1520.11 Persons with a need to know.
(a) In general. A person has a need to
know SSI in each of the following circumstances:
(1) When the person requires access
to specific SSI to carry out transportation security activities approved, accepted, funded, recommended, or directed by DHS or DOT.
(2) When the person is in training to
carry out transportation security activities approved, accepted, funded,
recommended, or directed by DHS or
DOT.
(3) When the information is necessary
for the person to supervise or otherwise
manage individuals carrying out transportation security activities approved,
accepted, funded, recommended, or directed by the DHS or DOT.
(4) When the person needs the information to provide technical or legal
advice to a covered person regarding
transportation security requirements
of Federal law.
(5) When the person needs the information to represent a covered person
in connection with any judicial or administrative
proceeding
regarding
those requirements.
(b) Federal, State, local, or tribal government employees, contractors, and
grantees. (1) A Federal, State, local, or
tribal government employee has a need
to know SSI if access to the information is necessary for performance of

the employee’s official duties, on behalf or in defense of the interests of the
Federal, State, local, or tribal government.
(2) A person acting in the performance of a contract with or grant from a
Federal, State, local, or tribal government agency has a need to know SSI if
access to the information is necessary
to performance of the contract or
grant.
(c) Background check. TSA or Coast
Guard may make an individual’s access
to the SSI contingent upon satisfactory completion of a security background check or other procedures and
requirements for safeguarding SSI that
are satisfactory to TSA or the Coast
Guard.
(d) Need to know further limited by the
DHS or DOT. For some specific SSI,
DHS or DOT may make a finding that
only specific persons or classes of persons have a need to know.
[69 FR 28082, May 18, 2004, as amended at 70
FR 1382, Jan. 7, 2005; 73 FR 72173, Nov. 26,
2008]

§ 1520.13

Marking SSI.

(a) Marking of paper records. In the
case of paper records containing SSI, a
covered person must mark the record
by placing the protective marking conspicuously on the top, and the distribution limitation statement on the bottom, of—
(1) The outside of any front and back
cover, including a binder cover or folder, if the document has a front and
back cover;
(2) Any title page; and
(3) Each page of the document.
(b) Protective marking. The protective
marking is: SENSITIVE SECURITY
INFORMATION.
(c) Distribution limitation statement.
The distribution limitation statement
is:
WARNING: This record contains Sensitive
Security Information that is controlled
under 49 CFR parts 15 and 1520. No part of
this record may be disclosed to persons without a ‘‘need to know’’, as defined in 49 CFR
parts 15 and 1520, except with the written
permission of the Administrator of the
Transportation Security Administration or
the Secretary of Transportation. Unauthorized release may result in civil penalty or
other action. For U.S. government agencies,

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