USIB POLICY ON RELEASE OF INTELLIGENCE TO CONTRACTORS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82M00097R001400050006-5
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 12
• Document Creation Date: December 19, 2016
• Document Release Date: November 4, 2005
• Sequence Number: 6
• Publication Date: September 28, 1967
• Content Type: MF

Approved For ReleaseC- ()71 jU0097R001400050006-5
Memorandum for Holders
USIB-D-39. 5/ 19
28 September 1967
UNITED STATES INTELLIGENCE BOARD
MEMORANDUM FOR HOLDERS OF USIB-D-39. 5/ 19
SUBJECT
USIB Policy on Release of Intelligence to
Contractors
REFERENCES :
a.
b.
USIB-D-39. 5/19, 26 August 1963 and
Revised 7 August 1965
USIB-M-486, 21 September 1967, Item 4
1. At its 21 September 1967 meeting, the United States Intelligence
Board (USIB) approved a recommendation that the policy applicable to
NIEs and SNIEs in paragraph 2. a. of the attachment to reference a.
be extended to include the National Intelligence Projections for Planning
(NIPPs).
2. Accordingly the attached revision of "USIB Policy on Release
of Intelligence to Contractors" (which supersedes that contained in
USIB-D-39. 5/19, dated 26 August 1963, as revised 7 August 1965) is
circulated for information and appropriate implementation by USIB
member agencies.
Executive Sec re r
Regular "D" plus
100 to CODIB
Superseded
See: USTB-D-71.8/2 dated 2 Apr 70
CONFIDENTIAL
GROUP 1
Excluded from automatic
downgrading and
declassification
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'~D -~ "
Now, 1%W
Attachment
Memorandum for Holders
USIB-D-39. 5/ 19
28 September 1967
USIB Policy on Release
of Intelligence to Contractors 1/
1. In order that the member agencies may more effectively
discharge their responsibilities, and without intent to limit such
broader authority or responsibility as any may now have under law,
NSC directive, or special agreements among them, the United States
Intelligence Board is agreed that selected intelligence?/ may be made
available by recipient USIB members or their designated subordinates
to certain contractors without referral to the originating agency,
provided that:
l/ General policy is set forth in DCID No. 1/7: Controls for Dissemi-
nation and Use of Intelligence and Intelligence Information (New Series),
approved 2 February 1967; see especially para. 6. a. (2).
2/ This directive deals solely with intelligence, which for purposes of
this directive, is defined as information reports and intelligence
produced and disseminated by CIA., INR/State, DIA, NSA., ACSI/
Army, Naval Intelligence Command, ACSI/Air Force, the AEC
and the military commands. This specifically excludes Foreign Service
reporting and communications intelligence. Permission to release
Foreign Service reporting must be obtained from the Department of
State, and permission to release communications intelligence must
be obtained from its originator. Communications intelligence is
covered specifically by para. 3 of this directive, in that it bears
one or more codewords or special instructions which dictate
handling in special dissemination channels.
CONFIDENTIAL
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v H D T A , r.r
Attachment
Memorandum for Holders
USIB-D-39. 5/ 19
28 September 1967
a. Release 3/ shall be limited to private individuals (including
consultants) or organizations certified by the sponsoring
member of the United States Intelligence Board as being
under contract to the United States Government for the
purpose of performing classified services in support of the
mission of a member agency-, his department or service,
as having a need-to-know, and as possessing the required
security clearances.
b. The responsibility for ensuring that releases to contractors
are made pursuant to this policy statement shall rest with
the sponsoring member of the USIB (i. e. , the Chief of the
USIB intelligence component seeking release on his own
behalf or on behalf of a component within his department
or service) or his designee.
c. The agency releasing the intelligence material shall main-
tain a record of the material released and shall upon
request report such releases to the originating agency.
3/ Release is the visual, oral or physical disclosure of classified
intelligence material.
4/ Non-USIB Government components under contract to fulfill an
intelligence support role, may be treated as members of the
Intelligence Community rather than as contractors (NSCID No. 1
(New Series) footnote ; USIB-D-39. 5/12, para. 8. d. ; USIB-M-201,
para. 5). When so treated, it shall be solely for the specific purposes
agreed upon, and shall in no case include authority to disseminate
further the intelligence material made available to them.
CONFIDENTIAL
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~, CONFIDENTIAL
Attachment
Memorandum for Holders
USIB-D-39. 5/ 19
28 September 1967
d. Intelligence material released to a contractor does
not become the property of the contractor and can
be withdrawn from him at any time. Upon expiration
of the contract, the releasinig, agency shall assure that
all intelligence materials released under authority of
this agreement and all other materials of any kind
incorporating data from such intelligence materials are
returned to the releasing agency for final disposition.
e. Contractors receiving intelligence material will not release
the material (a) to any activity or individual of the contractor's
organization not directly engaged in providing services under
the contract, nor (b) to another contractor (including a sub-
contractor), government agency, private individual or
organization without the consent of the releasing agency
(which shall verify that the second contractor has a need-
to-know and meets security requirements).
f. Intelligence material will not be released to foreign nationals
whether or not they are also consultants, U. S. contractors
or employees of contractors, and regardless of the level of
their security clearance, except with the specific permission
of the originating agency.
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 materials in their custody.
h. Contractors may not reproduce any material released with-
out the express permission of the agency having contractual
responsibilities. All requirements for control and account-
ability for original documents as indicated above shall apply
equally to copies made.
CONFIDENTIAL
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CO D A Now
Attachment
Memorandum for Holders
USIB-D-39, 5/ 19
28 September 1967
2. The following intelligence materials shall not be released to
contractors:
a. National Intelligence Estimates (NIEs), Special
National Intelligence Estimates (SNIEs), and
National Intelligence Projections for Planning
(NIPPs') are not releasable and hence shall bear
the Controlled Dissem stamp. However, information
contained therein may be made available, without
identification as national intelligence, over the by-line
of the USIB member authorizing its release.
b. National Intelligence Survey (NIS) Section 56:
Intelligence and Security, is not releasable and
hence shall bear the Controlled Dissem stamp.
3. The following intelligence materials shall not be released: to
contractors unless special permission has been obtained in writing
from the originator:
Materials which by reason of sensitivity of
content bear special markings, such as
Controlled Dissem, contained in DCID 1/7
(New Series) 2 Feb 67, or warnings which
prohibit dissemination to contractors, or
which are marked for handling in special
dissemination channels.
4. Questions concerning the implementation of this policy and these
procedures shall be referred for appropriate action to the USIB Committee
on Documentation.
CONFIDENTIAL
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CONFIDENTIAL ''
9 August 1965
MEMORANDUM FOR HOLDERS OF USIB-D-39.5/19
SUBJECT
Revision of USIB Policy Paper on Release of
Intelligence~o Contractors
REFERENCES :
a.
USIB-D-3 . 5/21, 28, July 1965
b.
USIB-D-3 + 5/20, 12 July 1965
c.
USIB=D-39.5/ 19, 26 August 1963
1. In response to reference 4., all USIB members have approved
the revision of Footnote 2 to reference c.
2. Attached hereto is a new page 1 of the "USIB Policy on Release
of Intelligence to Contractors, " which incorporates the Board-approved
revision of Footnote 2. This revised page should be substituted in all
copies of the attachment to reference c.
Colonel,
Acting Executive Secretary
CONFIDENTIAL
GROUP 1
Excluded from automatic
downgrading and
declassification
Approved For Release 2006/10/17: CIA-RDP82M00097R001400050006-5
 Approved For Release 2006/10/17: CIA-RDP82M00097R001400050006-5
low, Vve
CONFIDENTIAL
Attachment
USIB-D-39. 5/ 19
26 August 1963
(Final- USIB -Approved)
Revised 7 August 1965
USIB Policy on Release
of Intelligence to Contractors 1/
1. In order that the member agencies
discharge their responsibilities, and without,
broader authority or responsibility as any ma
may more hffectively
ntent to limit such
now have under law,
em, the United States
Intelligence Board is agreed that selected intell\igenc2/ may be made
available by recipient USIB members or their d4signated subordinates
to certain contractors without referral to the originating agency,
provided that:
1/ General policy is set forth in DCID No. 1/7: Controls for Dissemi-
nation and Use of Intelligence and Intelligence Information (New
Series), approved 21 February 1962; see especially, para. 6. a. (2).
2/ This directive deals solely with intelligence, which for purposes of
this directive, is defined as information reports and-intelligence
produced and disseminated by CIA, INR/State, DIA, NSA, ACSI/
Army, ONI, ACSI/Air Force, the AEC and the military commands.
This specifically excludes Foreign Service reporting and communi-
cations intelligence. Permission to release Foreign Service
reporting must be obtained from the Department of State, and
permission to release communications intelligence must be
obtained from its originator. Communications intelligence is
covered specifically by para. 3 of this directive, in that it bears
one or more codewords or special instructions which dictate
handling in special dissemination channels.
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 Approved For Release l1 lL A 0097RR001400050006-5
USIB-D-39, 5/ 19
26 August 1963
(Final- USIB -Approved)
UNITED STATES INTELLIGENCE BOARD
MEMORANDUM FOR THE UNITED STATES INTELLIGENCE BOARD
SUBJECT: USIB Policy on Release of Intelligence to Contractors
1. On 26 August 196USIB, by vote sheet action, approved the
Committee on Documentation ~ODIB)_ agreed draft paper on the subject
(attachment to USIB-D-39. 5/ 18, -Z4 July 1963), as revised by the CODIB
recommended addition of a new pa~la, raph 1 . h. dealing with the reproduction
of material and control thereof by contractors.
2. Accordingly, the attached "USIA Policy on Release of Intelligence
to Contractors" which supersedes Attachments A and B of USIB-D-39. 5/2,
10 November 1959, is circulated for information and appropriate implementa-
tion by USIB member agencies.
Executive Secret ry
G
Distribution: Regular "D" plus 50 copies to CODIB
80 copies to Security Committee
CONFIDENTIAL
GROUP 1
Excluded from automatic
downgrading and
declassification
Approved For Release 2006/10/17: CIA-RDP82M00097R001400050006-5
 Approved For Release 2006/10/17: CIA-RDP82M00097R001400050006-5
*qW
CONFIDENTIAL
Attachment
USIB-D-39. 5/ 19
26 August 1963
(Final- USIB -Approved)
Revised 7 August 1965
USIB Policy on Release
of Intelligence to Contractors l/
1. In order that the member agencies may more effectively
discharge their responsibilities, and without, intent to limit such
broader authority or responsibility as any may now have under law,
NSC directive, or special agreements among them, the United States
Intelligence Board is agr ed that selected intelligence21 may be made
available by recipient USIB embers or ,.their designated subordinates
to certain contractors without,referr-al to the originating agency,
provided that:
1/ General policy is set forth in DCID No. 1/7:`-Controls for Dissemi-
nation and Use of Intelligence and Intelligence ti ormation (New
Series), approved 21 February 1962; see especially, para. 6. a. (2).
2/ This directive deals solely with intelligence, which for purposes of
this directive, is defined as information reports and intelligence
produced and disseminated by CIA, INR/State, DIA, NSA, ACSI/
Army, ONI, ACSI/Air Force, the AEC and the military commands.
This specifically excludes Foreign Service reporting and communi-
cations intelligence. Permission to release Foreign Service
reporting must be obtained from the Department of State, and
permission to release communications intelligence must be
obtained from its originator. Communications intelligence is
covered specifically by para. 3 of this directive, in that it bears
one or more codewords or special instructions which dictate
handling in special dissemination channels.
Approved For Release 2006/10/17: CIA-RDP82M00097R001400050006-5
 Approved For Release 2006/10/17: CIA-RDP82M00097R001400050006-5
'.00r CONFIDENTIAL 140~
Attachment
USIB-D-39. 5/19
26 August 1963
(Final-USIB -Approved)
a. Release 3 / shall be limited to private individuals (including
consultants) or organizations certified by the sponsoring
member of the United States Intelligence Board as being
under contract to the United States Government for the
purpose of p 'forming classified services in support of the
mission of a ember agency4/, his department or service,
as having a nee -to-know, and as possessing the required
security clearan es.
b. The responsibility.'tor ensuring that releases to contractors
are made pursuant tQ_tliis policy statement shall rest with
the sponsoring member of the USIB (i. e. , the Chief of the
USIB intelligence- component seeking release on his own
behalf or on l dhalf of a Component within his department
or service or his designee.
c. The agency releasing the intelligence material shall main-
tain a record of the material released and shall upon
request report such releases to the originating agency.
3/ Release is the visual, oral or physical disci'osure of classified
intelligence material.
4/ Non-USIB Government components under contract to fulfill an intel-
ligence support role, may be treated as members of the Intelligence
Community rather than as contractors (NSCID No. 1 (New Series)
footnote 2; USIB-D-39. 5/12, para. 8. d. ; USIB-M-201, para. 5).
When so treated, it shall be solely for the specific purposes agreed
upon, and shall in no case include authority to disseminate further
the intelligence material made available to them.
Approved For Release 2006/10/17: CIA-RDP82M00097R001400050006-5
 Approved For Release 2006/10/17: CIA-RDP82M00097R001400050006-5
Nft~ CONFIDENTIAL
Attachment
USIB-D-39. 5/19
26 August 1963
(Final- USIB -Approved)
d. Intelligence material released to a contractor does
not become the property of the contractor and can
be withdrawn from him at any time. Upon expiration
of the contract, the releasing agency shall assure that
all intelligence materials released under -authbrity of
this agreement and all other materials of any kind
incorporating data from such intelligence materials are
returned to the releasing agency for final disposition.
e. Contractors receiving intelligence material will not release
the material (a) to any activity or individual of the contractor's
organization not directly engaged in providing services under
the contract, nor (b) to another contractor (including a sub-
contractor), government agency, private individual or
organization without the consent of the releasing agency
(which shall verify that the second contractor has a need-
to-know and meets security requirements).
f. Intelligence material will not be released to foreign nationals
whether or not they are also consultants, U. S. contractors
or employees of contractors, and rdgardless of the level of
their security clearance, except with the specific permission
of the originating agency.
g. 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 materials in their custody.
h. Contractors may not reproduce any material released with-
out the express permission of the .agency having contractual
responsibilities. All requirements for control and account-
ability for original documents as indicated above shall apply
equally to copies made.
Approved For Release 2006/10/17: CIA-RDP82M00097R001400050006-5
 Approved For Release 2006/10/17: CIA-RDP82M00097R001400050006-5
Attachment
USIB-D-39. 5/19
26 August 1963
(Final -USIB -Approved)
2. The following intelligence materials ;shall not be released to
contractors:
a. National Intelligence Estimate (NIEs) and Special
National telligence Estimat,'s (SNIEs) are not
releasable ','and hence shall b,ar the Controlled
Dissem stam . However, i .formation contained
therein may be~nade available, without identifica-
tion as national i'htelligence, over the by-line of
the USIB member uthoriing its release.
b. National Intelligence Survey (NIS) Section 56:
Intelligence and Security, is not releasable and
hence shall bear the Controlled Dissem stamp.
3. The following intelligence materials shall not be released to
contractors unless special permission has been obtained in writing from
the originator:
Materials which b r reason of sensitivity of
content bear special markings, such as..
Controlled Diss m, contained in DCID 1/7
(New Series) 2J' Feb 62, or warnings which
prohibit dissemination to contractors, or
which are marked for handling in special
disseminatio channels.
4. Questions concern}!ng the implementation of this policy and these
procedures shall be referlred for appropriate action to the USIB Committee
on Documentation.
5. This policy statement supersedes USIB-D-39. 5/2, dated 10 November
1959, and becomes effective on 26 August 1963. Intelligence materials
bearing an earlier date are not subject to the provisions of this directive.
Provisions contained in paragraphs 1. d, e, f and g above, should be included
in new contracts involving release of classified intelligence to contractors.
- 4 -
CONFIDENTIAL
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