SELECTION OF COURT SECURITY OFFICERS REQUIRED BY SECURITY PROCEDURES UNDER THE CLASSIFIED INFORMATION PROCEDURES ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP84B00890R000300030029-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 11
• Document Creation Date: December 15, 2016
• Document Release Date: November 12, 2003
• Sequence Number: 29
• Publication Date: March 30, 1981
• Content Type: MF

_ ~ i)'A Re91 -V`_
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?? 1 -0'!U Ll
0 MAR 1981 L xa?'
OGC Has Reviewed
MEMORANDUM FOR: Director of Central Intelligence
VIA:
Deputy Director of Central Intelligence
FROM: Daniel B. Silver
~nlnh~ ~
General Counsel II'' ,I+I o
SUBJECT: Selection of Court Security Officers equired by
Security Procedures under the Classified Infor-
mation Procedures Act
1. This is to request your designation of the Director of
Security as your representative for selection of court security
officers in cases involving Agency information under the
Classified Information Procedures Act.
2. As you know, Congress enacted the Classified Infor-
mation Procedures Act on 15 October 1980 to deal with the
"graymail" issues which arise in criminal prosecutions that
involve or may involve the use of classified information. As
required by the Act, Chief Justice Warren Burger has issued the
attached Security Procedures, which become effective on 30 March
1981.
3. Paragraph 2 of the Security Procedures requires the
court to designate a court security officer in criminal cases in
which classified information is within or expected to be within
the custody of the court. The court security officer is respon-
sible for document, personnel, physical and communications
security and is to be selected by the court from among persons
recommended by the Attorney General or the Department of Justice
security officer, "with the concurrence of the head of the agency
or agencies from which the classified information originates, or
their representatives."
4. There are several criminal cases pending in which the
Classified Information Procedures Act will be invoked. A case of
immediate concern is United States v 1, which
is scheduled to go to trial on 21 April 1981 in the United States
District Court in Baltimore. This case involves a former CIA
employee who is charged with the impersonation of a CIA
official. In order that a security officer in this case and
other cases in the future may be designated without your personal
OS i 073-
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involvement, I recommend that you designate the Director of
Security as your representative for purposes of concurring in the
selection of persons who will be recommended to the court as
court security officer.
Attachment:
As stated.
CONCUR:
Q ~l 3 l~
/2 M
Deputy Director or Administration Date)
,Is-/ wk-rep J. Casey
1 APR 1981
Director of Central Intelligence (Date)
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SECURITY PROCEDURES ESTABLISHED PURSUANT
TO PUB. L. 96--456, 94 STAT. 2025. BY THE CHIEF
JUSTICE OF THE UNITED STATES FOR
THE PROTECTION OF CLASSIFIED
INFORMATION
1. Purpose. The purpose of these procedures is to meet
the requirements of Section 9 (a) of the Classified Inforina-
tion Procedures Act of 19S0, Pub. L. 96-456, 94 Stat. 2025,
which in pertinent part provides that:
`?... [T]he Chief Justice of the United States, in consul-
tation with the Attorney General, the Director of Central
Intelligence, and the Secretary of Defense, shall prescribe
rules establishing procedures for the protection against
unauthorized disclosure of any classified information in
the custody of the United States district courts, courts
of appeal. or Supreme Court...."
These procedures apply in all proceedings in criminal cases
involving classified information, and appeals therefrom, before
the United States district courts, the courts of appeal and
the Supreme Court.
2. Court Security Officer. In any proceeding in a criminal
case or appeal therefrom in which classified information is
within, or reasonably expected to be within, the custody of the
court, the court shall designate a court security officer. The
Attorney General or the Department of Justice Security Offi-
cer, with the concurrence of the head of the agency or agen-
cies from which the classified information originates, or
their representatives, shall recommend to the court persons
qualified to serve as court security officer. The court secu-
rity officer shall be selected from among those persons so
recocnmcnded.
The court security officer stall be an individual with
demonstrated competence in security matters. and shall, prior
to dcrignation, have been certified to the court in writing by
the Department of Justice Security Officer as cleared for the
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level and category of classified information that will be in-
volved. The court security officer may be an employee of the
Executive Branch of the Government detailed to the court for
this purpose. One or more alternate court security officers,
who have been recommended and cleared in the manner speci-
fied above, may be designated by the court as required.
The court security officer shall be responsible to the court
for document, physical, personnel and communications secu-
rity, and shall take measures reasonably necessary to fulfill
these responsibilities. The court security officer shall notify
the court and the Department of Justice Security Officer of
any "actual, attempted, or potential violation of security
procedures.
3. Secure Quarters. Any in camera proceeding-including
a pretrial conference, motion hearing, or appellate hearing-
concerning the use, relevance, or admissibility of classified
informmnfion. shall be held in secure quarters recommended by
the court security officer and approved by the court.
The :enure quarters shall be located within the Federal
courthouse. unless it is determined that none of the quarters
available in the courthouse meets, or can reasonably be made
equivalent to, security requirements of the Executive Branch
applicable to the level and category of classified information
involved. In that event, the court shall designate the facili-
ties of another United States Government agency, recom-
mended by the court security officer, which is located within
the vicinity of the courthouse, as the site of the proceedings.
The court security officer shall make necessary arrange-
ments to ensure that the applicable Executive Branch stand-
ards are met and shall conduct or arrange for such inspection
of the quarters as may be necessary. The court security offi-
cer shall, in cuncultation with the United States Marshnl. ar-
range for the installation of security devices and take such
other me:,sures as may he necessary to protect against any
unauthorized access to classified information. All of the
aforementioned activity shall be conducted in a manner which
loos not. intc?rfrre with the ordctly proceedings of the court,
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F,EGUR1' ! PROCEDURES 3
Prior to any hearing or other proceeding,"the court security
officer shall certify in writing to the court that the quarters
are secure. - - -
- 4. Personnel Security-Court Personnel. No person ap-
pointed by the court or designated for service therein shall be
given access to any classified information in the custody of
the court, unless such person has received a security clearance
as provided herein and unless access to such information is
necessary for the performance of an official function. A se-
curity clearance for justices and judges is not required, but
such clearance shall be .provided _ upon the request of any
judicial officer who desires to be cleared.
The court shall inform the court security officer or the
attorney for the government of the names of court personnel
who may require access to classified information. That per-
son shall then notify the Department of Justice Security Offi-
cer, who shall promptly make arrangements to obtain any
necessary security clearances and shall approve such clear-
ances under standards of the Executive Branch applicable to
the level and category of classified information involved. The
Department of Justice 'Security Officer shall advise the court
in wTitlllg when the necessary security clearances have been
obtained.
If security gl:arances cannot be obtained promptly. per-
sonnel in the Executive-Branch-having the necessary clear-
ances may be temporarily assigned to assist the court. If a
proceeding is required to be recorded and an official court
reporter havinL9 the necessary security clearance is unavail-
able, the court may request the court fecurity officer or the
attorney for the government to have a cleared reporter from
the Executive Branch designated to net as reporter in the
proceedings. The reporter so designated shall take the oath
of office as prescribed by 28 U. S. C. ? 753 (a).
Justices. judges and cleared court personnel shall not dis-
close clnssifi^d informst*,on to anyone who does not have
a security clearance. and who does not require the informstion
in tLe discharge of an official function. However, nothing
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4 SFEUR tn: PROCEDURES ,
ccntsn,ed in these procedures shall preclude a judge from
discharging his official duties, including giving appropriate
instructions to the jury.
Any problem of security involving court personnel or per-
sons acting for the court shall be referred to the court for
appropriate action.
5. Persons Acting for the Defendant. The government may.
obtain information by any lawful means concerning the trust:
worthiness of persons associated with the defense and may
bring such information to the attention of the court for the
court's consideration in -training an appropriate protective
order pursuant to Section ~ of the Act.
6. Jury. Nothing contained in these procedures shall be
construed to require an investigation or security clearance of
the members of the jury or interfere with the functions of a
jury, including access to classified information introduced as
evidence in the trial of a case.
After a verdict has been rendered by a. jury, the trial judge
should consider a government request for.a cautionary in-
struction to jurors regarding the release or disclosure of class!:
fled information contained in documents they have reviewed
during the trial.
7. Custody and Storage of Classified afalcrials.
a. rateriaJs Covered. These security procedures apply
to all papers, documents, motions, pieadings, briefs, notes,
records of state>ients involving classified information, notes
relating to classified. nfurmation taken during in eanrcra pro-
ceedings. orders, affidavits, transcripts, untranscribed notes of
a court reporter, mugnetic recordings, or ai)y other subinis-
siuns or records which, contain classified information as the
term is defined in Section 1.(a) of,the Act, and which are in
the custody of the court. This includes, but is not limited to
(1) any motiuu made ill connection with a pretrial confer-
ci)uy held pursuant to Section 2 of the Act. (2) written state--
]nent.s submitted by the United States pursuant to Section 4
cif the Act, (3) r-nv written statem ent or %%Titten notice sub--
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mitted to the' court by the defendant pursuant to Section
5 (a) of the Act, (4) any petition' or written motion made
pursuant to Section 6 of the Act, (5) any description of, or
reference to, classified information contained in papers filed
in an appeal, pursuant to Section 7 of the Act and (6) any
SEFtTR1TY PROCEDURES 5
written statement provided by the United States or by the
defendant runt to Section 8 (c) of the Act.
h
d
..
to t
e
Classified information submitte
b. Safekeeping.
court shall be placed in the custody of the court security offi-
cer who shall. be responsible for its safekeeping. When not -
in use, the court security officer shall store all classified mate-
rials in a safe or safe-type steel file container with built-in,
dial-type, three position. changeable combinations which con-
form to the General Services Administration standards for.
security containers. Classified information shall be segre-
gated from other information unrelated to the case at hand
by securing it in a separate security container. If the court
does not possess a storage container which meets the required
standards, the necessary storage container or containers are
the a
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emporary
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to be supp
ed to
propriate Executive Branch agency as determined by the
Department of Justice Security Officer. Only the court secu-
rity officer and alternate court security officer(s) shall have
access to the combination and the contents of the container
unless the court, after consultation with the security officer,
determines that a cleared person other than the court secu-
rity officer may also have a.c?cess.`
For other than temporary storage (c. g., brief court recess),
the court security officer shall insure that the storage area
in which these containers shall be located meets Executive
Branch standards applicable to the level and category of
classified information involved. The secure storage area may
be located within either the Federal courthouse or the facili-
ties of ui,other United States Government agency.
e. Tranvnittal of Classified Information. During the
? Pendency of a 16111 or apps-l, classified inat.efials stored in this
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$ SECURITY PROCEDURES -
facilit;c-s of :~:,:Aiher United States Government agency shall
be iransn?itted in the manner prescribed by the Executive
Branch s curity regulations applicable to the level and cat.e-
gory of classified infonnstion involved. 'A trust receipt shall
accompany all classified materials transmitted and shall be
signed by the recipient and returned to the court security
officer.
S. Operating Routine.
a. Access to Court Records. Court personnel shall have -
access to court records only as authorized. -Access to class!-
fled information by court personnel shall be limited to the
minimum number of cleared persons necessary for' operating
purposes. Access includes presence at an in camera hearing
or any other proceeding during which classified information
may le- disclosed. Arrangements-for access to classified in-
formation in the ctist.ody of the court by court personnel and
persons acting for the defense shall be approved in advance
by the court, which may issue a protective order concerning
such access.
Except as otherwise authorized by a protective order, per_
sons acting for the detendant will not be given custody of
classified information provided by, the. government. They
may, at the discretion of the court, be afforded access to classi-
fied information provided by the government in secure quay=
tors which have been approved in accordaiwe Nyith a 3 of these
procedlures, but such classificd.information shall remain in the
control of the court security officer.
h. Telcplm?e Security. Classified information shall not
be iliac iissed over standard commercial tclephome instruments
or office iutc?rcu,iuuunication systems.
c. I)isp:,sal of C'lassifie'd ,Materiel, The court security
offic?e:r shall iw responsible for the secure disposal of all class!-
fi,?rl inatcrisls which are not otherwise required to be retained.
9. Rernrds Sccunty.
n. Clnz.ificr,liuu 1furki? gs: The court security officer,
Stcr c rniil~aliuu with the attorney for the gurcrnn,cnt, shall'
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SDCURITY PI{OCEDt-RE
bu rc? lporrsible for the marking of all court documents con-
taining vlas ified information with the appropriate level of
classification and for indicating thereon any special access
controls that also appear on the face of the document from
m-hich the classified information was obtained or that are
otherwise applicable.
Every document filed by the defendant in the case slrall -
be filed under seal and promptly turned over to the court
security officer. The' court -securityofficer shall promptly
examine the doc}rment'and, in' consultation with the attorney
for the go% current or representative of the--appropriate. agency, determine whether it contains classified information.
If it. is determined that the document does contain classified
infurmnrtion, the court security. officer shall ensure that it is
marked with the appropriate classification marki>>g. If -it is
deterinined that the document does not contain classified in_
formation, it shall be unsealed and placed in the public rec-
ord. Upon the request of the' goverment,. the court may
direct that any document containing classified information
shall thereafter be protected -in accordance with ? 7 of these
Procedures. _ : -
h. Accountability System. -'The court security officer,
shall be responsible for the establishment and maintenance
of a control and accountability systein for all classified infor?
ination received by or transmitted from the court.
10. Transmillnl of the Record-on Appeal. Time record on
appeal, or any portion thereof, which contains classified infor-
mation shall be transmitted to the court of appeals or to the
Supreme Court ih the manner specified in 7 (c) of these
procedures.. -
11. Final hi:posilion. Within a ,reasonable time after all
Proceedings in time case have been concluded. including ap-
peals, the court ,ball release to the_c:ourt security officer all
materials contairriuIg classified information. The court sccu-
rjt}i officer. shall then transmit them to the Department of
justice Securit~? nflic r who 5111111 consult with the o'riginatirig
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procedures s11a11 be borne by the Department of Justice or_
other appropriate Executive Branch agency.
13. TuterprclaGon. Any question concerning the interpre=
tation of any security requirement contained in these prose-
lures shall be resolved by the court in consultation with the
Department of Justice Security Officer and the appropriate
Executive Branch agency security officer.
which arise in connection with the implementation of theses
I2. Expenses. Expenses of the United States Government
procedures.
agency to determine the appropriate disposition of such
materials. Upon the motion of the government, the court
may order the return of the classified documents and materials
to the department or agency which originated them. The ma-
terials shall be transmitted in the manner specified in ? 7 (c)y
of these procedures and shall be accompanied by the appro-..
priate accountability records required by ? 9 (b) of these
modified in writing by The Chief Justice after consultation
with the Attorney General of the United States, the Director
of Central Intelligence, and the Secretary of Defense.
15. Effective Date. - These procedures shall become effect-.
tivc. forty-five clays after the date of submission to the appro-
priate Congressional Committees, as required by the Act.
Issued this 12th day of February, 1981, after taking into
account the views of the Attorney General of the United
Ct,ila-s. the Director of Central Intelligence, and the Secretary
14 Term. These procedures shall remain in effect until ,
:,f 1)u'fein e,
require"l by law.
L'-urrd Slutrt - - .
SECURIT1= PROF- EDLTRES
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