[Code of Federal Regulations]
[Title 6, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 6CFR29.5]

[Page 121-122]
 
                       TITLE 6--HOMELAND SECURITY
 
   CHAPTER I--DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY
 
PART 29_PROTECTED CRITICAL INFRASTRUCTURE INFORMATION--Table of Contents
 
Sec.  29.5  Requirements for protection.

    (a) CII shall receive the protections of section 214 of the CII Act 
when:
    (1) Such information is voluntarily submitted, directly or 
indirectly, to the PCII Program Manager or the PCII Program Manager's 
designee;
    (2) The information is submitted for protected use regarding the 
security of critical infrastructure or protected systems, analysis, 
warning, interdependency study, recovery, reconstitution, or other 
appropriate purposes including, without limitation, for the 
identification, analysis, prevention, preemption, disruption, defense 
against and/or mitigation of terrorist threats to the homeland;
    (3) The information is labeled with an express statement as follows:
    (i) In the case of documentary submissions, written marking on the 
information or records substantially similar to the following: ``This 
information is voluntarily submitted to the

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Federal government in expectation of protection from disclosure as 
provided by the provisions of the Critical Infrastructure Information 
Act of 2002''; or
    (ii) In the case of oral information:
    (A) Through an oral statement, made at the time of the oral 
submission or within a reasonable period thereafter, indicating an 
expectation of protection from disclosure as provided by the provisions 
of the CII Act; and
    (B) Through a written statement substantially similar to the one 
specified above accompanied by a document that memorializes the nature 
of oral information initially provided received by the PCII Program 
Manager or the PCII Program Manager's designee within a reasonable 
period after using oral submission; and
    (iii) In the case of electronic information:
    (A) Through an electronically submitted statement within a 
reasonable period of the electronic submission indicating an expectation 
of protection from disclosure as provided by the provisions of the CII 
Act; and
    (B) Through a non-electronically submitted written statement 
substantially similar to the one specified above accompanied by a 
document that memorializes the nature of e-mailed information initially 
provided, to be received by the PCII Program Manager or the PCII Program 
Manager's designee within a reasonable period after using e-mail 
submission.
    (4) The submitted information additionally is accompanied by a 
statement, signed by the submitting person or an authorized person on 
behalf of an entity identifying the submitting person or entity, 
containing such contact information as is considered necessary by the 
PCII Program Manager, and certifying that the information being 
submitted is not customarily in the public domain;
    (b) Information that is not submitted to the PCII Program Manager or 
the PCII Program Manager's designees will not qualify for protection 
under the CII Act. Only the PCII Program Manager or the PCII Program 
Manager's designees are authorized to acknowledge receipt of information 
being submitted for consideration of protection under the Act.
    (c) All Federal, State and local government entities shall protect 
and maintain information as required by these rules or by the provisions 
of the CII Act when that information is provided to the entity by the 
PCII Program Manager or the PCII Program Manager's designee and is 
marked as required in 6 CFR 29.6(c).
    (d) All submissions seeking PCII status shall be presumed to have 
been submitted in good faith until validation or a determination not to 
validate pursuant to these rules.