DISSEMINATION OF INTELLIGENCE TO CONTRACTORS (U)

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP80T01087A000900130004-7
Release Decision: 
RIFPUB
Original Classification: 
C
Document Page Count: 
9
Document Creation Date: 
December 12, 2016
Document Release Date: 
May 22, 2001
Sequence Number: 
4
Case Number: 
Publication Date: 
March 22, 1960
Content Type: 
MEMO
File: 
AttachmentSize
PDF icon CIA-RDP80T01087A000900130004-7.pdf569.26 KB
Body: 
CONFIDENTIAL THIS IS A (COVER SHEET *Army Declass/Release Instructions On File* Declassification/Release Instructions on File BASIC SECI'RITI REQUIREMENTS ARE CONT.11NED IN AR 380-5 'I'III: UNA1ITI1UR17,LI) I)ISCLOS1!KL: Oh"I'1l1' INFORMATION (:ON'1'AINL:U IN'1'IlE A'l"t'ACIIEI) I)OCUML:N'i'(S) COULD BE PREJU'I)ICIAI,'I'O'I'llF, I)EFIENSL; Ii l'EKL:S'I'S OI''I'IIL UNI'1'1,:U S'TA'PES 11L:SPONSIH1l.I'I'V OF I'L:RSONS IIANULING Till,: ATTACH1,A) DMA MINT(S) I. l' xercise the necessary safeguards to prevent unauthorized disclosure by never leaving the docurnrutls) unattended except when properly secured in a locked safe. 2. 'I'rans(er the doeutnent~s) only to persons who need to know and who Fosses. the required security clearance. 3. Obtain a receipt whenever relinquishing control of the document(s) if' required by local regulations. SF( H &G E -.i. Store as prescribed in Alt 380 ItE:I'ROI)UC'I'ION Copies may be made of them. docunu'nts except when the originating office has ,pecilicaliv denied this aothority. DISPOSITION This cover sheet should he reluoveal when document(s) are filed in a permanent file, dcclaGasilicd, destroyed, or mailed. (This cover sheet is uncl ssi/fed when separated from classified docanu'--ls) CO NFIDENTIAL DA LABEL e-n 1 FEB 59 LL pproved,For Release 2002/0Mr1A T01087dGQMjDif41tlTIAL DEPARTMENT OF THE ARMY OFFICE OF THE ASSISTANT CHIEF OF STAFF FOR INTs"1694CE WASHINGTON 16, D.C. SUBJECT: Dissemination Of Intelligence to Contractors (U) TO: SEE DISTRIBUTION 1. (U) Reference 22 March 1960 a. AR 380-' ,? "Safe,aardiflg Defense Information" b. AR 380-.' "Military Security, Visitors" c. AR 380-1;C~, "Armed Forces' Industrial Security Regulations d. AR 380--' ;1, "Industrial S- curity" C. AR 330- C, "Safeguarding of Restricted Data" 2. (C) General. Thr..,e instructions implement the United States Intelligence Board7rJSIB) ,o!tcy (USIB-D-39.5/2) on the dissemination of intelligence to contract,?rs of TJSIB member organizations. 3. (C) USIB Agreemf,r:4.. Executive Order No 10501, dated 5 November 1953, prescribes that c:_a:;;;_fted defense information originating in another department or au :cr stall riot be disseminated outside the re- ceiving department or a ;e; ,c?~ without the consent of the originating de- partment or agency," USIB-D-_9).'_/" dated 10 Nov 1959 Subject "Agreement for Implementing USIB Police on Release of Intelligence to contractors of USIB Organizations" is an agreement of USIB members to waive this provision of Executive Order 10501 as it pertains to certain intelli- gence material produced by ,.he USIB member agencies. The purpose of this agreement is to avoid administrative delays in disseminating intelli- gence to certain contractors as defined below. It does not in any way circumvent the spirit and the intent of Executive Order No. 10501. It should be emphasized that this agreement applies to intelligence only and to that intelligence produced by the USIB member agencies to include Central Intelligence Agency, Department of State, Federal Bureau of CONFIDENTIAL, Approved For Release 2002/08/12 : CIA-RDP80TO1087A000900130004-7 A lit ACSI-SM SUBJECT: Dissemination of Intelligence to Contractors (U) Investigation, National Security Agency, Atomic Energy Commission, Joint Chiefs of Staff, Department of Defense, Department of the Air Force, Department of the Army and Department of the Navy. k. (U) Definitions. For the purpose of-these instructions the following definitions will apply: a. Intelligence Contractor. Private individual (including a consultant) or organization under contract to the United States Government for the purpose of performing classified services of an intelligence nature in support of the intelligence mission of an organization member of the USIB. This would be a contractor who is, in fact, performing work directly for an intelligence agency. It might be a contractor who produces pub- lications, studies, manuals or the like which are used by one or more USIB member agencies in the performance of their intelligence.fwtctions. As a final test prior to dissemination, an,affirmative answer must be ob- tained to the question, "will. the loan of this intelligence to the con- tractor benefit the intelligence efforts of the United States?" b. Intelli ence Material. Any document, product or sub- stance on or in which classified intelligence and intelligence information or classified information pertaining to intelligence activities may be recorded or embodied. "Material" includes everything, regardless of its physical character or makeup, i.e., machinery, documents, apparatus, devices, models, photographs, recordings, reproductions, notes, sketches, maps and letters as well as other products or substances. c. Dissemination. The visual, oral or physical transmission of classified indigence r..aterial. d. Disseminating Agency. The Department of the Army Office, Agency or Command wiic eFxercises jurisdiction over an intelligence con- tractor through a duly appointed contracting officer. e. Contracting Officer. An officer or civilian employee of., any military department who, in accordance with procedures prescribed by each res ctive department, has been, or shall be, designated a contracting officer land whose designation has not been terminated or revoked),with the authority to enter into and administer contracts and make determinations and findings with respect thereto, or any part of such authority. (See par 1-207.2, AR 380-130) 5. (U) Authority to determine intelligence contractors. a. The Assistant Chief of Staff 'for Intelligence (ACSI) is the final authority for determining whether a contractor meets the criteria to be considered an intelligence contractor. All cases of doubt will be referred to ACSI, ATTN: Security Division, for final determination? CONFIDENTIAL oved For Release 2002/08/12: CIA-RDP80TO1087A000C RDENTL4~` Approved For Release 2002/08/12 : CIA-RDP80TO1087A000900130004-7 ? j-6 a 1?l o`r release 2002/08/12: CIA-RDP80TO1087AC F2010" 9 W T I A L SUBJECT: Dissemination of Intelligence to Contractors (U) b." Authority is hereby delegated to the following individuals to determine whether a contractor meets the requirements df:an intelligence contractor: Commanding General, United States Continental Army Command; Commanding General, United States Army Air Defense Commend; Commanding Generals of-CO?IUS Armies and the Military District of Washington, U. S., Army; and heads of Headquarters; Department of the Army agencies. 6. (C) Procedures for disseminating to contractors intelligence material orig~ng iina USIB member agency other than Department of the Army. Intell-i- gence matieraal-origin.ating in a USIB member agency other than Department of the Army may be disseminated-by those persons designated in 5b above without re- ferral to the originating or controlling agency (hereafter referred to as the "originating' agency") provided that all of the following conditions are met: a. The Department of the Army office-or organization which disseminates intelligence material to intelligence contractors shall maintain a'record cif the material disseminated and shall be prepared to submit such a record to ACBI upon request. b. Intelligence material disseminated to an intelligence con- tractor is provided on a loan basis. It does not become the property of the contractor and may be withdrawn from-the contractor at any time. Upon expira- tion of the contract, the disseminating agency shall assure that all intelli- gencee materials loaned undet? the authority of these 'instructions; and all other materials of any kind incorporating data from such intelligence materials are returned to the disseminating agency for final disposition.. c. Intelligence materials which are otherwise releasable under these instructions which bear the stamp "Restricted Data";shall be dissemin- ated to intelligence contractors only on condition that the disseminating agency shall have determined that the facility and all individuals concerned are cleared-under applicable security regulations for access to "Restricted Data". d. Intelligence contractors receiving intelligence material shall not disseminate the material to any activity or individu*l'of the contractor's organization not directly engaged in providing services under the contract nor to another contractor (including a subcontractor), government agency, private individual or organization without the consent of the disseminating agency. e. Intelligence material'shall not be disseminated to foreign nationals (any person who is not a United States citizen) who may be intelli- gence contractors or employees of intelligence contractors, regardless of their level of security clearance, , exceptWith the specific permission of the originating agency. 3 Approved For Release 2002/08/12 : CIA-RDP80TO1087A000900130004-7 Y Approved.-For1eiease 2002/08/12 : CIA-RDP80T01087 NT'AL ACBI-BM SUBJECT: Dissemination of Intelligence to Contractors (U) f. Intelligence contractors shall be required to maintain such records as will permit them to furnish on demand the names of individuals who have had access to intelligence material in their custody, . g. .Dissemination of intelligence material to intelligence con- tractors shall be made by the disseminating agency only, Contractors shall be instructed to make their requests for intelligence material to their contracting officers. h. 'In addition to the foregoing, the disseminating agency shall comply with all provisions of AR 380-130 in order to insure that intelligence material loaned to an intelligence contractor shall be properly safeguarded. i. Agencies disseminating intelligence to contractors shall insure that the limitation imposed upon the contractor by AR 380-130 and by these instructions are incorporated into the contract between the contracting officer and,the contractor. J. The following intelligence materials shall not be dissem- inated to intelligence contractors without the permission of the originating agency: (1) Materials classified.TOP 8$CEZ1 (2) Counter-intelligence materials or that material con- cerning.individual groups, organizations, situations and trends involving actual or potential espionage, sabotage, subversion or; sedition, including any investigative report or memorandum originated and disseminated by the FBI. (3) Classified materials marked for handling in special dissemination channels. (4) The following. elements of the.National Intelligence Survey: (a) Chapter 1 (b) Sections 4044, 46, 3Ch.59 ~r. (e) Sections .6o,-65 for all NIfl ;area mxoept 13k, 14, 18, 19, 20,.:22, 23, 26, 39.A,, 40, 41A and 430. (A)., Supplement V. ,for all =I0 arer i except those indicated as exceptions for sections 60-65 in (c) above. (e) Supplement VI (f) Key Personalities 4 -CONFIDENT A . Approved For Release 2002/08/12 : CIA-RDP80TO1087A000900130004-7 Approved For Release 2002/08/12: CIA-RDP80T01087A0 9?:NTIAL Dissemination of Intelligence to Ccr_traetore (U) (g) NIB 108 (5) National Intelligence Estimat es and Special national Intelligence Estimates. (also see par 7 below) following CIA produced mate riaas;;; (b) Current Intelligence Weekly Swmtuary (c) (d) (e) CIA Office of Research The OCI (Office of Current Intelligence) Handbook Studies in Intelligence Report projects in the IP and NP series produced by the and Reports (ORR) (7) Intelligence materials produced by' J-2, Joint Chiefs of Staff. (8) Materials originated or controlled,by the Department of State or the Foreign Service of the United States. (9) Materials which by reason of sensitivity of content bear special markings (such as contained in AR 381-1 "Control of Dissemination: and Use of Intelli enc nd I g e a ntelligence information (U)O% warnings which prohibit dissemi - ti na on to g a g Y s withhold?, materials which are identified. as containing intelli"*`nee revealing sensitive and/or rnva,?t rnl , e,.+ r (10) In addition, the disseminatin a enc h ll u.- aecruuques, and materials which pertain to or reveal positions, policies, plans or. intelligence operations >..;. of a member agency of TTRTR- inrl?Ai nn or e SNIE which shall contain information classifie no higher than SECRET. .a submit to ACSI for approval ,on.of tui_nature ',shall- pproval their proposed paraphrased version of the particular elements of the NIE th ? p sons in paragraph, 5b who-desire to lend intelligence contractors info ciceu-do-xnpw -oasi's but without attribution except to ACSI Those er ?. ..era 4 wa . oNiG'" ti Cai3 .. L?P, :_ disseminated to intelligence contractors; however,-,-the USIB has granted.-author- ity to ACSI to approve release to intelligence contraactor`s of, certain..e1' min+:R` 7. (C) Dissemination to intelligence contractors of certain elements of information cnntn i no.A I - 1.TTS+ r r . _ 8. (C) Requests for dissemination to intelligence contractors of intelligence material re i i qu r ng, approval of the originating agency., a. When a Department of the Army disseminating agency determines 5. CONFIDENTIAL Approved For Release 2002/08/12 : CIA-RDP80TO1087A000900130004-7 (6) The ACSI-S4 Approved For Release 2002/08/12 : CIA-RDP80T010874NT1A` SUBJECT: Dissemination of Intelligence to Contractors (u) that it is necessary for an intelligence contractor to have access to intelli- gence material which requires approval of the originating agency (see paragraph 6j,) he shall submit a request through ACSI to the USIB member agency con- cerned for approval. As a minimum, each request shall contain the following information: (1) Description of the document and a statement as to whether or not it is locally available. (2)' Proposed recipient and whether or not the recipient is an, intelligence contractor as defined in paragraph 4a. (3), Contract data, to include facility clearance and the clearances of the personnel who will have access to the information. (4) Justification of a need-to-kncAr. b. Requests from other USIB agencies for approval of dissemination of intelliglnce material produced within the Department of the Army and which comes under paragraph 6j will be submitted to ACSI. c. In each case, in a and b above the office within OACSI which is directly responsible for the dissemination of the intelligence material in question (e.g. - Diasem Sec, Intel Doc Br, CI Br,. J-2 coordinator, etc) shall, in coordination with the producer or office having primary interest, process the request. a. When a Department of the Army disseminating agency hag de- termined that it is necessary for a contractor who:does notqualfiy as an. intelli- gence contractor to have access to.intelligence material produced by a UBIB member agency other than Department of the Army, he will request approval of that agency through ACSI stating the reasons therefor as outlined in paragraph 8a. b. Requests from USIB member agencies_'to disseminate intelligence material produced In Department of the Army to contract ors: who.-do not qualify as intelligence contractors will be submitted to AC'BI for aipprovsl. c. In each case in a and b, above; the office within OBI which is directly responsible for the dissemination of the inkellcigence.material in question shall in coordination with the producer, o `office having primary.- Inter- est, process the request-. who do not qualify as intelligence contractors.- 9. (C) Requests for dissemination of intelligence material to contractors 10. (C) Dissemination to contractors of intelligence material originating in Department of the Army. Intelligence material originating within the Department 6 CONFIDENTIAL Approved For Release 2002/08/12 : CIA-RDP80TO1087A000900130004-7 :1`CS1-SM Approved For Release 2002/08/12: CIA-RDP80T010876QNEWENTIAL SUBJECT; Dissemination of ine1 I t.:e.' ..oc to contractors (U) of the Army may be dissemiinotrA t hn 5 persons designated in 5b to con- tractors on a need-to-knew '.as_s wi hcut referral to the originating agency in accordance with Q L ;fir: vi al ons of AR 380-5 AR 380-131 and AR 380-1.50. Any questicn; di ssemination of, this intelligence material shall be referred by the disseminating agency to the originating agency within Department of the Army. 11... (U) Debriefi.i.C, of Intelligence ccntractors.. Upon termination of a contract, the contracting official of the military department concerned will. require the intelligence con ractor to complete a debriefing state= ment. 12., (C) The purpose of these instructions is to permit timely dissemination-of certain intelligence material to intelligence contractors who have a valid need-to-know. The importance of safeguarding classified intelligence information cannot be over emphasized. The disseminating agency should, therefore, consider carefully each item of intelligence which it, transmits to a contractor and bear in mind the fact that the .more widespread the dissemination of a document, the greater are its chances of compromise. 13. (U) These instructions con.tain classified material which has been extracted from the referenced document in paragraph 2 above, and may not be regraded until the referenced document has been regraded. FOR THE ASSISTANT CHIEF OF STAFF FOR INTELLIGENCE Distr- DCSPER 2 DCSOPS 10 DCSLOG 10 Chief, CAMG 2 Chief, RD 20 Chief, MH 2 CofA 2 TJAG 2 TPMG 2 TQJG 40 CofEngrs 40 CofOrd 40 CofT 40 CSigO 40 CCrn10 40 Surg Gen 40 TO BE REGRADED UNCLASSIFIED WHEN REFERENCED DOCUMENT NOTED IN LAST PARAGRAPH IS REGRADED UNCLASSIFIED T. ASHWORTH Colonel, CS Executive 7 CONFIDENTIAL Approved For Release 2002/08/12: CIA-RDP80TO1087A000900130004-7 Approved For Release 2002/08/12 CIA-RDP80T010A000900130004 CSI - SM ~..,,.. STJR EC`r. D_i...,._.,...,.. 1L.;.: .._.. c; CTnrrli(trn (U ,145 . Corm.ianding Genera].s US Army ,.I r Dc icmsc Command US Coati nent.al m,," Co;mmar I., Zone of Interor '.sm:c s Military Di.atric.t of Wathinjton, US Army 2 ACSI DISTRIBUTION A each US Army Intelligence Center 1C Approved For Release 2002/08/12 : CIA-RDP80TO1087A000900130004-7