SECURITY CLEARANCE MANUAL

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CIA-RDP87T00623R000100030001-3
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RIPPUB
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U
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40
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December 23, 2016
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September 2, 2011
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1
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MISC
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Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 FOR OFFICIAL USE ONLY SECURITY CLEARANCE MANUAL FOR OFFICIAL USE ONLY Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Iq Next 9 Page(s) In Document Denied STAT Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 INITIAL SECURITY BRIEFING AND CLASSIFIED INFORMATION NONDISCLOSURE AGREEMENT BRIEFING Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 OFFICE OF THE ASSISTANT SECRETARY OF DEFENSE LEGISLATIVE AFFAIRS This briefing was prepared for DoD Personnel under Executive Order 12356. The DoD cannot disclose classified information to Congress unless the information is given "equivalent protection". Since the Congress does not have a general program for information security, this briefing will assist you in properly protecting classified information provided by the DoD. Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 I N D E X Information Security Briefing - - - - - - - - - - - - -TAB A Security Marking - - - - - - - - - - - - - - - - - - - TAB B Safeguarding of Classified Defense Information - - - - TAB C Sections 641, 793, 794, 798, and 952 of Title 18, USC -TAB D Section 783(b) of Title 50 - - - - - - - - - - - - - - TAB E Intelligence Identities Protection Act of 1982 - - - - TAB F Executive Order 12356 - - - - - - - - - - - - - - - - -TAB C Classified Information Nondisclosure Agreement(SF189) -TAB H Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Iq Next 3 Page(s) In Document Denied STAT Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Iq Next 3 Page(s) In Document Denied STAT Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Iq Next 2 Page(s) In Document Denied STAT Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Iq Next 5 Page(s) In Document Denied STAT Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 STAT Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 PUBLIC LAW 97-200-JUNE 23, 1982 INTELLIGENCE IDENTITIES PROTECTION ACT OF 1982 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 96 STAT. 122 PUBLIC LAW 97-200-JUNE 23, 1982 Public Law 97-200 97th Congress An Act June 23, 1982 To amend the National Security Act of 1947 to prohibit the unauthorized disclosure [H.R. 4] of information identifying certain United States intelligence officers, agents, informants, and sources. Intelligence Identities Protection Act of 1982. 50 USC 401 no: e. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Intelligence Identities Protection Act of 1982". SEC. 2. (a) The National Security Act of 1947 is amended by adding at the end thereof the following new title: "TITLE VI-PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION "PROTECTION OF IDENTITIES OF CERTAIN UNITED STATES UNDERCOVER INTELLIGENCE OFFICERS, AGENTS, INFORMANTS, AND SOURCES "SEC. 601. (a) Whoever, having or having had authorized access to classified information that identifies a covert agent, intentionally discloses any information identifying such covert agent to any indi- vidual not authorized to receive classified information, knowing that the information disclosed so identifies such covert agent and that the United States is taking affirmative measures to conceal such covert agent's intelligence relationship to the United States, shall be fined not more than $50,000 or imprisoned not more than ten years, or both. "(b) Whoever, as a result of having authorized access to classified information, learns the identity of a covert agent and intentionally discloses any information identifying such covert agent to any indi- vidual not authorized to receive classified information, knowing that the information disclosed so identifies such covert agent and that the United States is taking affirmative measures to conceal such covert agent's intelligence relationship to the United States, shall be fined not more than $25,000 or imprisoned not more than five years, or both. "(c) Whoever, in the course of a pattern of activities intended to identify and expose covert agents and with reason to believe that such activities would impair or impede the foreign intelligence activities of the United States, discloses any information that identi- fies an individual as a covert agent to any individual not authorized to receive classified information, knowing that the information disclosed so identifies such individual and that the United States is taking affirmative measures to conceal such individual's classified intelligence relationship to the United States, shall be fined not more than $15,000 or imprisoned not more than three years, or both. "DEFENSES AND EXCEPTIONS "SEC. 602. (a) It is a defense to a prosecution under section 601 that before the commission of the offense with which the defendant Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 PUBLIC LAW 97-200-JUNE 23, 1982 96 STAT. 123 is charged, the United States had publicly acknowledged or revealed the intelligence relationship to the United States of the individual the disclosure of whose intelligence relationship to the United States is the basis for the prosecution. "(bx1) Subject to paragraph (2), no person other than a person committing an offense under section 601 shall be subject to prosecu- tion under such section by virtue of section 2 or 4 of title 18, United States Code, or shall be subject to prosecution for conspiracy to commit an offense under such section. "(2) Paragraph (1) shall not apply (A) in the case of a person who acted in the course of a pattern of activities intended to identify and expose covert agents and with reason to believe that such activities would impair or impede the foreign intelligence activities of the United States, or (B) in the case of a person who has authorized access to classified information. "(c) It shall not be an offense under section 601 to transmit Information, information described in such section directly to the Select Commit- transmittal to tee on Intelligence of the Senate or to the Permanent Select Commit- congressional tee on Intelligence of the House of Representatives. committees. "(d) It shall not be an offense under section 601 for an individual to disclose information that solely identifies himself as a covert agent. "REPORT "SEC. 603. (a) The President, after receiving information from the 50 USC 423. Director of Central Intelligence, shall submit to the Select Commit- tee on Intelligence of the Senate and the Permanent Select Commit- tee on Intelligence of the House of Representatives an annual report on measures to protect the identities of covert agents, and on any other matter relevant to the protection of the identities of covert agents. "(b) The report described in subsection (a) shall be exempt from any requirement for publication or disclosure. The first such report shall be submitted no later than February 1, 1983. "EXTRATERRITORIAL JURISDICTION "SEC. 604. There is jurisdiction over an offense under section 601 committed outside the United States if the individual committing the offense is a citizen of the United States or an alien lawfully admitted to the United States for permanent residence (as defined in section 101(aX20) of the Immigration and Nationality Act). "PROVIDING INFORMATION TO CONGRESS "SEC. 605. Nothing in this title may be construed as authority to 50 USC 425. withhold information from the Congress or from a committee of either House of Congress. "DEFINITIONS "SEC. 606. For the purposes of this title: 50 USC 426. "(1) The term `classified information' means information or material designated and clearly marked or clearly represented, pursuant to the provisions of a statute or Executive order (or a regulation or order issued pursuant to a statute or Executive Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 96 STAT. 124 PUBLIC LAW 97-200-JUNE 23, 1982 order), as requiring a specific degree of protection against unau- thorized disclosure for reasons of national security. "(2) The term `authorized', when used with respect to access to classified information, means having authority, right, or permission pursuant to the provisions of a statute, Executive order, directive of the head of any department or agency engaged in foreign intelligence or counterintelligence activities, order of any United States court, or provisions of any Rule of the House of Representatives or resolution of the Senate which assigns responsibility within the respective House of Congress for the oversight of intelligence activities. "(3) The term `disclose' means to communicate, provide, impart, transmit, transfer, convey, publish, or otherwise make available. "(4) The term `covert agent' means- "(A) an officer or employee of an intelligence agency or a member of the Armed Forces assigned to duty with an intelligence agency- "(D whose identity as such an officer, employee, or member is classified information, and "(ii) who is serving outside the United States or has within the last five years served outside the United States; or "(B) a United States citizen whose intelligence relation- ship to the United States is classified information, and- Ai) who resides and acts outside the United States as an agent of, or informant or source of operational assistance to, an intelligence agency, or "(ii) who is at the time of the disclosure acting as an agent of, or informant to, the foreign counterintelli- gence or foreign counterterrorism components of the Federal Bureau of Investigation; or "(C) an individual, other than a United States citizen, whose past or present intelligence relationship to the United States is classified information and who is a present or former agent of, or a present or former informant or source of operational assistance to, an intelligence agency. "(5) The term `intelligence agency' means the Central Intelli- gence Agency, a foreign intelligence component of the Depart- ment of Defense, or the foreign counterintelligence or foreign counterterrorism components of the Federal Bureau of Investi- gation. "(6) The term `informant' means any individual who fur- nishes information to an intelligence agency in the course of a confidential relationship protecting the identity of such individ- ual from public disclosure. "(7) The terms `officer' and `employee' have the meanings given such terms by section 2104 and 2105, respectively, of title 5, United States Code. "(8) The term `Armed Forces' means the Army, Navy, Air Force, Marine Corps, and Coast Guard. "(9) The term `United States', when used in a geographic sense, means all areas under the territorial sovereignty of the United States and the Trust Territory of the Pacific Islands. "(10) The term `pattern of activities' requires a series of acts with a common purpose or objective.". Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 PUBLIC LAW 97-200-JUNE 23, 1982 96 STAT. 125 (b) The table of contents at the beginning of such Act is amended by adding at the end thereof the following: "ITrLE VI-PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION "Sec. 601. Protection of identities of certain United States undercover intelligence officers, agents, informants, and sources. " 602. Defenses and exceptions. " 608. Report. "Sec. 604. Extraterritorial jurisdiction. "Sec. 605. Providing information to Congress. "Sec. 606. Definitions.". Approved June 23, 1982. LEGISLATIVE HISTORY-H.R. 4 (S. 391): HOUSE REPORTS: No. 97-221 (Comm. on Intelligence) and No. 97-580 (Comm. of Conference). SENATE REPORT No. 97-201 accompaning S. 391 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 127 (1981): Sept. 23, considered and passed House. Vol. 128 (1982): Feb. 25, Mar. 1, 15-17, S. 391 considered in Senate. Mar. 18, H.R. 4 considered and passed Senate, amended. June 2, 3, House considered and agreed to conference report. June 10, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 25 (1982): June 23, Presidential statement. 0 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Federal. Register Vol. 47. No. 68 Tuesday, April 6, 1982 Presidential Documents Executive Order 12356 of April 2, 1982 The President National Security Information 1.1 Classification Levels .................................................................................................................. [14874] 1.2 Classification Authority ............................................................................................................ [14874] 1.3 Classification Categories .......................................................................................................... [14875] 1.4 Duration of Classification ........................................................................................................ [14876] 1.5 Identification and Markings ..................................................................................................... [14877] 1.6 Limitations on Classification .................................................................................................... Part 2. Derivative Classification [14877] 2.1 Use of Derivative Classification ............................................................................................. [14878] 2.2 Classification Guides ................................................................................................................. Part 3. Declassification and Downgrading [14878] 3.1 Declassification Authority .......................................................................................... .............. [14878] 3.2 Transferred Information ............................................................................................................ [14879] 3.3 Systematic Review for Declassification ................................................................................ [14879] 3.4 Mandatory Review for Declassification ............................................................................... Part 4. Safeguarding [14879] 4.1 General Restrictions on Access .............................................................................................. [14880] 4.2 Special Access Programs ........................................................................................................ [14881] 4.3 Access by Historical Researchers and Former Presidential Appointees ...................... Part 5. Implementation and Review [14881] 5.1 Policy Direction ........................................................................................................................... [14881] 5.2 Information Security Oversight Office .................................................................................. [14881] 5.3 General Responsibilities ........................................................................................................... [14882] 5.4 Sanctions ........................................................................._........................................................ Part 6. General Provisions [14882] 6.1 Definitions .................................................................................................................................... [14883] 6.2 General ......................................................................................................................................... [14883] [FR Pagel Preamble .................................................................................................................................................. [14874] Part 1. Original Classification This Order prescribes a uniform system for classifying, declassifying, and safeguarding national security information. It recognizes that it is essential that the public be informed concerning the,activities of its Government, but that the interests of the United States and its citizens require that certain information concerning the national defense and foreign relations be protected against unauthorized disclosure. Information may not be classified under this Order unless its disclosure reasonably could be expected to cause damage to the national security. NOW, by the authority vested in me as President by the Constitution and laws of the United States of America, it is hereby ordered as follows: Part 1 Original Classification Section 1.1 Classification Levels. (a) National security information (hereinafter "classified information") shall be classified at one of the following three levels: (1) "Top Secret" shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause exceptionally grave damage to the national security. Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Federal Register / Vol. 47, No. 66 / Tuesday, April 6, 1982 1 Presidential Documents 14875 (2) "Secret" shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause serious damage to the national security. (3) "Confidential" shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause damage to the national security. (b) Except as otherwise provided by statute, no other terms shall be used to identify classified information. (c) If there is reasonable doubt about the need to classify information, it shall be safeguarded as if it were classified pending a determination by an original classification authority, who shall make this determination within thirty (30) days. If there is reasonable doubt about the appropriate level of classification,., it shall be safeguarded at the higher level of classification pending a determi- nation by an original classification authority, who shall make this determina- tion within thirty (30) days. Sec. 1.2 Classification Authority. (a) Top Secret. The authority to classify information originally as Top Secret may be exercised only by: (1) the President; (2) agency heIs and officials designated by the President in the Federal Register, and (3) officials delegatedlthis authority pursuant to Section 1.2(d). (b) Secret The authority to classify information originally as Secret may be exercised only, by: (1) agency heads and officials designated by the President in the Federal Register (2) officials with original Top Secret classification authority; and (3) officials delegated such authority pursuant to Section 1.2(d). (c) Confidential. The authority to classify information originally as Confiden- tial may be exercised only by. (1) agency heads and officials designated by the President in the Federal Register, (2) officials with original Top Secret or Secret classification authority; and (3) officials delegated such authority pursuant to Section 1.2(d). (d) Delegation of Original Classification Authority. (1) Delegations of original classification authority shall be limited to the minimum required to administer this Order. Agency heads are responsible for ensuring that designated subordinate officials have a demonstrable and con- tinuing need to exercise this authority. (2) Original Top Secret classification authority may be delegated only by the President; an agency head or official designated pursuant to Section 1.2(a)(2): and the senior official designated under Section 5.3(a)(1), provided that official has been delegated original Top Secret classification authority by the agency head. (3) Original Secret classification authority may be delegated only by the President; an agency head or official designated pursuant to Sections 1.2(a)(2) and 1.2(b)(1); an official with original Top Secret classification authority; and the senior official designated under Section 5.3(a)(1), provided that official has been delegated original Secret classification authority by the agency head. (4) Original Confidential classification authority may be delegated only by the President; an agency head or official designated pursuant to Sections 1.2(a)(2), 1.2(b)(1) and 1.2(c)(1); an official with original Top Secret classification author- Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 14876 Federal Register / Vol. 47, No. 66 / Tuesday, April 6, 1982 / Presidential Documents ity; and the senior official designated under Section 5.3(a)(1), provided that official has been delegated original classification authority by the agency head. (5) Each delegation of original classification authority shall be in writing and the authority shall not be redelegated except as provided in this Order. It shall identify the official delegated the authority by name or position title. Delegat, ed classification authority includes the authority to classify information at the level granted and lower levels of classification. (e) Exceptional Cases. When an employee, contractor, licensee, or grantee of an agency that does not have original classification authority originates information believed by that person to require classification, the information shall be protected in a manner consistent with this Order and its implementing directives. The information shall be transmitted promptly as provided under this Order or its implementing directives to the agency that has appropriate subject matter interest and classification authority with respect to this infor- mation. That agency shalldecide within thirty (30) days whether to classify this information. If it is not clear which agency has classification responsibili- ty for this information, it shall be sent to the Director of the Information Security Oversight Office. The Director shall determine the agency having primary sul: ject matter interest and forward the information, with appropriate recommendations, to that agency for a classification determination. Sec. 1.3 Classification Categories. (a) Information shall be considered for classification if it concerns: (1) military plans, weapons, or operations; (2) the vulnerabilities or capabilities of systems, installations, projects, or plans relating to the national security; (3) foreign government information; (4) intelligence activities (including special activities), or intelligence sources or methods; (5) foreign relations or foreign activities of the United States; (6) scientific, technological, or economic matters relating to the national security; (7) United States Government programs for safeguarding nuclear materials or facilities; (8) cryptology; (9) a confidential source; or (10) other categories of information that are related to the national security and that-require protection against unauthorized disclosure as determined by the President or by agency heads or other officials who have been delegated original classification authority by the President. Any determination made under this subsection shall be reported promptly to the Director of the Information Security Oversight Office. (b) Information that is determined to concern one or more of the categories in Section 1.3(a) shall be classified when an original classification authority also determines that its unauthorized disclosure, either by itself or in the context of other information, reasonably could be expected to cause damage to the national security. (c) Unauthorized disclosure of foreign government information, the identity of a confidential foreign source, or intelligence sources or methods is presumed to cause damage to the national security. (d) Information classified in accordance with Section 1.3 shall not be declassi- fied automatically as a result of any unofficial publication or inadvertent or unauthorized disclosure in the United States or abroad of identical or similar information. Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Federal Register / Vol. 47, No. 66 / Tuesday, April 6, 1982 / Presidential Documents 14877 Sec. 1.4 Duration of Classification. (a) Information shall be classified as long as required by national security considerations. When it can be determined, a specific date or event for declassification shall be set by the original classification authority at the time the information is originally classified. (b) Automatic declassification determinations under predecessor orders shall remain valid unless the classification is extended by an authorized official of the originating agency. These extensions may be by individual documents or categories of information. The agency shall be responsible for notifying hold- ers of the information of such extensions. (c) Information classified under predecessor orders and marked for declassifi- cation review shall remain classified until reviewed for declassification under the provisions of this Order. Sec.1.5 Identification and Markings. (a) At the time of original classification, the following information shall be shown on the face of all classified documents, or clearly associated with other forms of classified information in a manner appropriate to the medium involved, unless this information itself would reveal a confidential source or relationship not otherwise evident in the document or information: (1) one of the three classification levels defined in Section 1.1; (2) the identity of the original classification authority if other than the person whose name appears as the approving or signing official; (3) the agency and office of origin; and (4) the date or event for declassification, or the notation "Originating Agency's Determination Required." (b) Each classified document shall, by marking or other means, indicate which portions are classified, with the applicable classification level, and which portions are not classified. Agency heads may, for good cause, grant and revoke waivers of this requirement for specified classes of documents or information. The Director of the Information Security Oversight Office shall be notified of any waivers. (c) Marking designations implementing the provisions of this Order, including abbreviations, shall conform to the standards prescribed in implementing directives issued by the Information Security Oversight Office. (d) Foreign government information shall either retain its original classifica- tion or be assigned a United States classification that shall ensure a degree of protection at least equivalent to that required by the entity that furnished the information. (e) Information assigned a level of classification under predecessor orders shall be considered as classified at that level of classification despite the omission of other required markings. Omitted markings may be inserted on a document by the officials specified in Section 3.1(b). Sec. 1.6 Limitations on Classification. (a) In no case shall information be classified in order to conceal violations of law, 'inefficiency, or administrative error; to prevent embarrassment to a person, organization, or agency; to restrain competition; or to prevent or delay the release of information that does not require protection in the interest of national security. (b) Basic scientific research information not clearly related to the national security may not be classified. (c) The President or an agency head or official designated under Sections 1.2(a)(2), 1.2(b)(1), or 1.2(c)(1) may reclassify information previously declassi- fied and disclosed if it is determined in writing that (1) the information requires protection in the interest of national security; and (2) the information Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Federal Register / Vol. 47, No. 66 / Tuesday, April 6, 1982 / Presidential Documents may reasonably be recovered. These reclassification actions shall be reported promptly to the Director of the Information Security Oversight Office. (d) Information may be classified or reclassified after an agency has received a request for it under the Freedom of Information Act (5 U.S.C. 552) or the Privacy Act of 1974 (5 U.S.C. 552a), or the mandatory review provisions of this Order (Section 3.4) if such classification meets the requirements of this Order and is accomplished personally and on a document-by-document basis by the agency head, the deputy agency head, the senior agency official designated under Section 5.3(a)(1), or an official with original Top Secret classification authority. Part 2 Derivative Classification Sec. 2.1 Use. of Derivative Classification. (a) Derivative classification is (1) the determination that information is in substance the same as information currently classified, and (2) the application of the same classification markings. Persons who only reproduce, extract, or summarize classified information, or who only apply classification markings derived from source material or as directed by a classification guide, need not possess original classification authority. (b) Persons who apply derivative classification markings shall: (1) observe and respect original classification decisions; and (2) carry forward to any newly created documents any assigned authorized markings. The declassification date or event that provides the longest period of classification shall be used for documents classified on the basis of multiple sources. Sec. 2.2 Classification Guides. (a) Agencies with original classification authority shall prepare classification guides to facilitate the proper and uniform derivative classification of informa- tion. (b) Each guide shall be approved personally and in writing by an official who: (1) has program or supervisory responsibility over the information or is the senior agency official designated under Section 5.3(a)(1); and (2) is authorized to classify information originally at the highest level of classification prescribed in the guide. (c) Agency heads may, for good cause, grant and revoke waivers of the requirement to prepare classification guides for specified classes of documents or information. The Director of the Information Security Oversight Office shall be notified of any waivers. Part 3 Declassification and Downgrading Sec. 3.1 Declassification Authority. (a) Information shall be declassified or downgraded as soon as national security considerations permit. Agencies shall coordinate their review of classified information with other agencies that have a direct interest in the subject matter. Information that continues to meet the classification require- ments prescribed by Section 1.3 despite the passage of time will continue to be protected in accordance with this Order. (b) Information shall be declassified or downgraded by the official who authorized the original classification, if that official is still serving in the same position; the originator's successor; a supervisory official of either, or officials delegated such authority in writing by the agency head or the senior agency official designated pursuant to Section 5.3(a)(1). Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Federal Register / Vol. 47, No. 68 / Tuesday, April 8, 1982 / Presidential Documents (c) If the Director of the Information Security Oversight office determines that information is classified in violation of this Order, the Director may require the information to be declassified by the agency that originated the classifica- tion. Any such decision by the Director may be appealed to the National Security Council. The information shall remain classified, pending a prompt decision on the appeal. (d) The provisions of this Section shall also apply to agencies that, under the terms of this Order, do not have original classification authority; but that had such authority under predecessor orders. Sec. 3.2 Transferred Information. (a) In the case of classified information transferred in conjunction with a transfer of functions, and not merely for storage purposes, the receiving agency shall be deemed to be the originating agency for purposes of this Order. (b) In the case of classified information that is not officially transferred as described in Section 3.2(a), but that originated in an agency that has ceased to exist and for which there is no successor agency, each agency in possession of such information shall be deemed to be the originating agency for purposes of this Order. Such information may be declassified or downgraded by the agency in possession after consultation with any other agency that has an interest in the subject matter of the information. (c) Classified information accessioned into the National Archives of the United States shall be declassified or downgraded by the Archivist of the United States in accordance with this Order, the directives of the Information Security Oversight Office, and agency guidelines. Sec. 3.3 Systematic Review for Declassification. (a) The Archivist of the United States shall, in accordance with procedures. and timeframes prescribed in the Information Security Oversight Office's directives implementing this Order, systematically review for declassification or downgrading (1) classified records accessioned into the National Archives of the United States, and (2) classified presidential papers or records under the Archivist's control. Such information shall be reviewed by the Archivist for declassification or downgrading in accordance with systematic review guidelines that shall be provided by the head of the agency that originated the information, or in the case of foreign government information, by the Director of the Information Security Oversight Office in consultation with interested agency heads. (b) Agency heads may conduct internal systematic review programs for classified information originated by their agencies contained in records deter- mined by the Archivist to be permanently valuable but that have not been accessioned into the National Archives of the United States. (c) After consultation with affected agencies, the Secretary of Defense may establish special procedures for systematic review for declassification . of classified cryptologic information, and the Director of Central Intelligence may establish special procedures for systematic review for declassification of classified information pertaining to intelligence activities (including special activities), or intelligence sources or methods. Sec. 3.4. Mandatory Review for Declassification. (a) Except as provided in Section 3.4(b), all information classified under this Order or predecessor orders shall be subject to a review for declassification by the originating agency, if: (1) the request is made by a United States citizen or permanent resident alien, a federal agency, or a State or local government; and (2) the request describes the document or material containing the information with sufficient specificity to enable the agency to locate it with a reasonable amount of effort. Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Federal Register / Vol 47, No. 66 / Tuesday, April 6, 1982 / Presidential Documents (b) Information originated by a President, the White House Staff, by commit- tees, commissions, or boards appointed by the President, or others specifically providing advice and counsel to a President or acting on behalf of a President is exempted from the provisions of Section 3.4(a). The Archivist of the United States shall have the authority to review, downgrade and declassify informa- tion under the control of the Administrator of General Services or the Archi- vist pursuant to sections 2107, 2107 note, or 2203 of title 44, United States Code. Review procedures developed by the Archivist shall provide for consul- tation with agencies having primary subject matter interest and shall be consistent with the provisions of applicable laws or lawful agreements that pertain to the respective presidential papers or records. Any decision by the Archivist may be appealed to the Director of the Information Security Over- sight Office. Agencies with primary subject matter interest shall be notified promptly of the Director's decision on such appeals and may further appeal to the National Security Council. The information shall remain classified pending a prompt decision on the appeal. (c) Agencies conducting a mandatory review for declassification shall declas- sify information no longer requiring protection under this Order. They shall release this information unless withholding is otherwise authorized under applicable law. (d) Agency heads shall develop procedures to process requests for the manda- tory review of classified information. These procedures shall apply to informa- tion classified under this or predecessor orders. They shall also provide a means for administratively appealing a denial of a mandatory review request. (e) The Secretary of Defense shall develop special procedures for the review of cryptologic information, and the Director of Central Intelligence shall develop special procedures for the review of information pertaining to intelli- gence activities (including special activities), or intelligence sources or meth- ods, after consultation with affected agencies. The Archivist shall' develop special procedures for the review of information accessioned into the National Archives of the United States. (f) In response to a request for information under the Freedom of Information Act, the Privacy Act of 1974, or the mandatory review provisions of this Order: (1) An agency shall refuse to confirm or deny the existence or non-existence of requested information whenever the fact of its existence or non-existence is itself classifiable under this Order. (2) When an agency receives any request for documents in its custody that were classified by another agency, it shall refer copies of the request and the requested documents to the originating agency for processing, and may, after consultation with the originating agency, inform the requester of the referral. In cases in which the originating agency determines in writing that a response under Section 3.4(f)(1) is required, the referring agency shall respond to the requester in accordance with that Section. Part 4 Safeguarding Sec. 4.1 General Restrictions on Access. (a) A person is eligible for access to classified information provided that a determination of trustworthiness has been made by agency heads or designat- ed officials and provided that such access is essential to the accomplishment of lawful and authorized Government purposes. (b) Controls shall be established by each agency-to ensure that classified information is used, processed, stored, reproduced, transmitted, and destroyed only-under conditions that will provide adequate protection and prevent access by unauthorized persons. Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Federal Register / Vol. 47, No. 56 / Tuesday, April B, 1982 / Presidential Documents (c) Classified information shall not be disseminated outside the executive branch except under conditions that ensure that the information will be given protection equivalent to that afforded within the executive branch. (d) Except as provided by directives Issued by the President through the National Security Council, classified Information originating in one agency may not be disseminated outside any'other agency to which it has been made available without the consent of the originating agency. For purposes of this Section, the Department of Defense shall be considered one agency. Sec. 42 Special Access Programs. (a) Agency heads designated pursuant to Section 1.2(a) may create special access programs to control access, distribution, and protection of particularly sensitive information classified pursuant to this Order or predecessor orders. Such programs may be created or,continued only at the written direction of these agency heads. For special access programs pertaining to intelligence activities (including special activities but not including military operational, strategic and tactical programs), or intelligence sources or methods, this function will be exercised by the Director of Central Intelligence. (b) Each agency head shall establish and maintain a system of accounting for special access programs. The Director of the Information Security Oversight Office, consistent with the provisions of Section 5.2(b)(4), shall have non- delegable access to all such accountings. Sec. 4.3 Access by.Historical Researchers and Former Presidential Ap- pointees. (a) The requirement in Section 4.1(a) that access to classified information may be granted only as is essential to the accomplishment of authorized and lawful Government purposes may be waived as provided in Section 4.3(b) for persons who: (1) are engaged in historical research projects, or (2) previously have occupied policy-making positions to which they were appointed by the President. (b) Waivers under Section 4.3(a) may be granted only if the originating agency: (1) determines in writing that access is consistent with the interest of national security; (2) takes appropriate steps to protect classified information from unauthorized disclosure or compromise, and ensures that the information is safeguarded in a manner consistent with this Order, and (3) limits the-access -granted to former presidential appointees to items that the person originated, reviewed, signed, or received while serving as a presiden- tial appointee. Part 5 Implementation and Review Sec. 5.1 Policy Direction. (a) The National Security Council shall provide overall policy direction for the information security program. (b) The Administrator of General Services shall be responsible for implement- ing and monitoring the program established pursuant to this Order. The Administrator shall delegate the implementation and monitorship functions of this program to the Director of the Information Security Oversight Office. Sec. 5.2 Information Security Oversight Office. (a) The Information Security Oversight Office shall have a full-time Director appointed by the Administrator of General Services subject to approval by the President. The Director shall have the authority to appoint a staff for the Office. Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Federal Register / Vol. 47, No. 66 / Tuesday, April 6, 1982 / Presidential Documents (b) The Director shall: (1) develop, in consultation with the agencies, and promulgate, subject to the approval of the National Security Council, directives for the implementation of this Order, which shall be binding on the agencies; (2) oversee agency actions to ensure compliance with this Order and imple- menting directives; (3) review all agency implementing regulations and agency guidelines for systematic declassification review. The Director shall require any regulation or guideline to be changed if it is not consistent with this Order or implement- ing directives. Any such decision by the Director may be appealed to the National Security Council. The agency regulation or guideline shall remain in effect pending a prompt decision on the appeal; (4) have the authority to conduct on-site reviews of the information security program of each agency that generates or handles classified information and to require of each agency those reports, information, and other cooperation that may be necessary to fulfill the Director's responsibilities. If these reports, inspections, or access to specific categories of classified information would pose an exceptional national security risk, the affected agency head or the senior official designated under Section 5.3(a)(1) may deny access. The Direc- tor may appeal denials to the National Security Council. The denial of access shall remain in effect pending a prompt decision on the appeal; (5) review requests for original classification authority from agencies or offi- cials not granted original classification authority and, if deemed appropriate, recommend presidential approval; (6) consider and take action on complaints and suggestions from persons within or outside the Government with respect to the administration of the information security program; (71 have the authority to prescribe, after consultation with affected agencies, standard forms that will promote the implementation of the information security program; (8) report at least -annually to the President through the National Security Council on the implementation of this Order; and (9) have the authority to convene and chair interagency meetings to discuss matters pertaining to the information security program. Sec. 5.3 General Responsibilities. Agencies that originate or handle classified information shall: (a) designate a senior agency official to direct and administer its information security program, which shall include an active oversight and security educa- tion program to ensure effective implementation of this Order; (b) promulgate implementing regulations. Any unclassified regulations that establish agency information security policy shall be published in the Federal Register to the extent that these regulations affect members of the public; (c) establish procedures to prevent unnecessary access to classified informa- tion, including procedures that (i) require that a demonstrable need for access to classified information is established before initiating administrative clear- ance procedures, and (ii) ensure that the number of persons granted access to classified information is limited to the minimum consistent with operational and security requirements and needs; and (d) develop special contingency plans for the protection of classified informa- tion used in or near hostile or potentially hostile areas. Sec. 5.4 Sanctions. (a) If the Director of the Information Security Oversight Office finds that a violation of this Order or its implementing directives may have occurred, the Director shall make a report to the head of the agency or to the senior official Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Federal Register / Vol. 47, No. 66 / Tuesday, April 6, 1982 / Presidential Documents designated under Section 5.3(a)(1) so that corrective steps, if appropriate, may be taken. (b) Officers and employees of the United States Government, and its contrac- tors, licensees, and grantees shall be subject to appropriate sanctions if they: (1) knowingly, willfully, or negligently disclose to unauthorized persons infor- mation properly classified under this Order or predecessor orders;- (2) knowingly and willfully classify or continue the classification of informa- tion in violation of this Order or any implementing directive; or (3) knowingly and willfully violate any other provision of this Order or implementing directive. (c) Sanctions may include reprimand, suspension without pay, removal, termi- nation of classification authority, loss or denial of access to classified infor- mation, or other sanctions in accordance with applicable law and agency regulation. (d) Each agency head or the senior official designated under Section 5.3(a)(1) shall ensure that appropriate and prompt corrective action is taken whenever a violation under Section 5.4(b) occurs. Either shall ensure that the Director of the Information Security Oversight Office is promptly notified whenever a violation under Section 5.4(b) (1) or (2) occurs. Part 6 General Provisions Sec. 6.1 Definitions. (a) "Agency" has the meaning provided at 5 U.S.C. 552(e). (b) "Information" means any information or material, regardless of its physical form or characteristics, that is owned by, produced by or for, or is under the control of the United States Government. (c) "National security information" means information that has been deter- mined pursuant to this Order or any predecessor order to require protection against unauthorized disclosure and that is so designated. (d) "Foreign government information" means: (1) information provided by a foreign government or governments, an interna- tional organization of governments, or any element thereof with the expecta- tion, expressed or implied, that the information, the source of the-information, or both, are to be held in confidence; or (2) information producedby the United States pursuant to or as a result of a joint arrangement with a foreign government or governments or an interna- tional organization of governments, or any element thereof, requiring that the information, the arrangement, c? both, are to be held in confidence. (e) "National security" means the national defense or foreign relations of the United States. (f) "Confidential source" means any individual or organization that has provided, or that may reasonably be expected to provide, information to the United States on matters pertaining to the national security with the expecta- tion, expressed or implied, that the information or relationship, or both, be held in confidence. (g) "Original classification" means an initial determination that information requires, in the interest of national security, protection against unauthorized disclosure, together with a classification designation signifying the level of protection required. Sec. 6.2 General. (a) Nothing in this Order shall supersede any requirement made by or under the Atomic Energy Act of 1954, as amended. "Restricted Data" and "Formerly Restricted Data" shall be handled, protected, classified, downgraded, and Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Federal Register Vol. 47, No. 66 / Tuesday, April 8, 1982 / Presidential Documents declassified in conformity with the provisions of the Atomic Energy Act of 1954, as amended, and regulations issued under that Act. (b) The Attorney General, upon request by the head of an agency or the Director of the Information Security Oversight Office, shall render an interpre- tation of this Order with respect to any question arising in the course of its administration. (c) Nothing,in this Order limits the protection afforded any information by other provisions of law. (d) Executive Order No. 12085 of June 28, 1978, as amended, is revoked as of the effective date of this Order. (e) This Order shall become effective on August 1, 1982. 0 0-v~~ OL~ [FR Doc. 82-9320 Filed 4-2-82: 2:52 pm] Billing code 3195-01-M THE WHITE HOUSE, April 2, 1982. Editorial Note: The President's statement of Apr. 2,-1982,,on signing Executive Order 12356 is printed in the Weekly Compilation of Presidential Documents (vol. 18, no. 13) Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 CLASSIFIED INFORMATION NONDISCLOSURE AGREEMENT An Agreement Between and the United States (Name - Printed or Typed) 1. Intending to be legally bound, I hereby accept the obligations contained in this Agreement in consideration of my bei granted access to classified information. As used in this Agreement, classified information is information that is either classified or classifiable under th standards of Executive Order 12356, or under any other Executive order or statute that prohibits the unauthorized disclosure of information in th interest of national security. I understand and accept that by being granted access to classified information, special confidence and trust shall be pl in me by the United States 2. I hereby acknowledge that I have received a security indoctrination concerning the nature and protection of cl sified information, including the pro- cedures to be followed in ascertaining whether other persons to whom I contemplate disclosing this information ve been approved for access to it, and that I understand these procedures. 3. I have been advised and am aware that direct or indirect unauthorized disclosure, unauthorized retention or negligent handling of classified informa- tion by me could cause irreparable injury to the United States or could be used to advantage by a foreign tion. I hereby agree that I will never divulge such information unless I have officially verified that the recipient has been properly authorized by the U ited States Government to receive it or I have been given prior written notice of authorization from the United States Government Department or ency (hereinafter Department or Agency) last granting me a security clearance that such disclosure is permitted. I further understand that I am ob gated to comply with laws and regulations that prohibit the unauthorized disclosure of classified information. 4. I have been advised and am aware that any breach of this Agreement may result in the terminatio of any security clearances I hold; removal from any position of special confidence and trust requiring such clearances; and the termination of my /en ment or other relationships with the Departments or Agencies that granted my security clearance or clearances. In addition, I have been advised and m aware that any unauthorized disclosure of classified information by me may constitute a violation or violations of United States criminal laws, inc ding the provisions of Sections 641, 793, 794, 798, and 952, Title 18, United States Code, the provisions of Section 783(b), Title 50, United States C e, and the provisions of the Intelligence Identities Protec- tion Act of 1982. 1 recognize that nothing in this Agreement constitutes a waiver by the U ted States of the right to prosecute me for any statutory violation. disclosure, publication, or revelation not consistent with the terms of this Agreement. 6. I understand that the United States Government may seek any remedy available t it to enforce this Agreement including, but not limited to, applica- tion for a court order prohibiting disclosure of information in breach of this Agreem t. 7. 1 understand that all information to which I may obtain access by signing t ' Agreement is now and will forever remain the property of the United States Government. I do not now, nor will I ever, possess any right, interest, ti e, or claim whatsoever to such information. I agree that I shall return all materials which have, or may have, come into my possession or for which I a responsible because of such access, upon demand by an authorized repre- sentative of the United States Government or upon the conclusion of my ployment or other relationship with the Department or Agency that last granted me a security clearance. If I do not return such materials upon req t, I understand that this may be a violation of Section 793, Title 18, United 8. Unless and until I am released in writing by an authorized represent ive of the United States Government, I understand that all conditions and obliga- tions imposed upon me by this Agreement apply during the time I am ranted access to classified information, and at all times thereafter. 9. Each provision of this Agreement is severable. If a court shout find any provision of this Agreement to be unenforceable, all other provisions of this Agreement shall remain in full force and effect. 10. I have read this Agreement carefully and my questions, i any, have been answered to my satisfaction. I acknowledge that the briefing officer has made available to me Sections 641, 793, 794, 798, and 95 f Title 18, United States Code, Section 783(b) of Title 50, United States Code, the Intelli- SOCIAL SECURITY NO. (See notice below) The.execution of this AgreerT nt was witnessed by the undersigned, who, on behalf of the United States Govern- ment, agreed to its terms anccyaccepted it as aprior condition of authorizing access to classified information. NOTICE: Th rlvacy Act, 5 U.S.C. 552a, requires that federal agencies inform Individuals, at the time Information Is solicited from them, whether the disclosure I andatory or voluntary, by what authority such Information Is solicited, and what uses will be made of the Information. You are hereby advised t authority for soliciting your Social Security Account Number (SSN) Is Executive Order 9397. Your SSN will be used to Identify you pre- cisely when It Is necessary to 1) certify that you have access to the Information Indicated above or 2) determine that your access to the information Indicated has terminated. Although disclosure of your SSN Is not mandatory, your failure to do so may Impede the processing of such certifications or determinations. STANDARD FORM 189 (8-83) Prescribed by GSA/ISOO 32CFR 2003; E.O. 12356 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 DEPARTMENT OF DEFENSE WASHINGTON HEADQUARTERS SERVICES WASHINGTON, D.C. 20301 *(Personnel & Security) Date: This certifies the security clearance of the following U.S. citizen(s) who will visit facilities according to the following itinerary: VISITOR OFFICE CLEARANCE NAME: SSN: DOB: POB: FACILITY TO BE VISITED: PERSON TO BE CONTACTED: FACILITY SECURITY OFFICE NUMBER: PERIOD OF VISIT: PURPOSE OF VISIT: This certifies that subject visitor(s) hold(s) claimed security clearance level. James T. McCue Chief, Security Division Typist Signature/Ext: Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 DEPARTMENT OF DEFENSE WASHINGTON HEADQUARTERS SERVICES WASHINGTON, D.C. 20301 -'ersonnel & Security) Date: LEAVE BLANK this will be completed Type the COMPLETE ADDRESS of the day it is mailed. the facility to be visited. Include ZIP CODE This certifies the security clearance of the following U.S. citizen(s) who will visit facilities according to the following itinerary: VISITOR OFFICE CLEARANCE NAME: Last, First Middle Name of the office LEAVE BLANK SSN: 000-00-0000 currently employed with DOB: mm-dd-yy POB: City & State FACILITY TO BE VISITED: Location (City & State) of facility to be visited. PERSON TO BE CONTACTED: This is the person visitor will be meeting with. FACILITY SECURITY OFFICE NUMBER: This is needed in case clearances need to be called in ahead of time. PERIOD OF VISIT: Specific date(s) of visit to facility. PURPOSE OF VISIT: Short description (non-Classified). This certifies that subject visitor(s) hold(s) claimed security clearance level. James T. McCue Chief, Security Division Typist Signature/Ext: In case there is a problem, this office will have someone to contact. Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3 FOR OFFICIAL USE ONLY Sanitized Copy Approved for Release 2011/09/02 : CIA-RDP87T00623R000100030001-3