MINIMUM PERSONNEL SECURITY STANDARD AND PROCEDURES GOVERNING ELIGIBILITY FOR ACCESS TO SENSITIVE COMPARTMENTED INFORMATION

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CIA-RDP87B01034R000500010011-8
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K
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32
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December 16, 2016
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August 11, 2005
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11
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REPORT
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be deemed necessary and appropriate to ensure that effective security is DIRECTOR OF CENTRAL INTELLIGENCE-DIRECTIVE NO. 1/141 MINIMUM PERSONNEL SECURITY STANDARDS AND PROCEDURES GOVERNING ELIGIBILITY FOR ACCESS TO SENSITIVE COMPARTMENTED INFORMATION. Intelligence Community -- those United States Government activities identified in Executive Order 12333 or 1.. Definitions.. successor orders as making up such Community. .b. Sensitive Compartmented Information (SCI). --.all indicating restricted handling within present and future Community information and materials requiring special Community controls intelligence collection programs and their end products. These special. Community controls are formal systems of restricted access directive supersedes DCID 1/14 approved 13 May 1976. departments and agencies may establish such additional security steps as may for all United States Government civilian and military personnel, consultants, contractors, employees of contractors and other individuals who require access to Sensitive Compartmented Information (hereinafter referred to as SCI). The standards, procedures and programs established herein are minimum and the standards, procedures and continuing security programs are hereby established Directive on the Security Committee, the'following minimum personnel security Approved For Release 2005/08/15 : CIA-RDP87BO1034R000500010011-8 (Effective . .. ) Pursuant.to the provisions of Executive Order 12333, Section 102 of the National Security Act of 1947 and the Director of Central Intelligence Approved For Release 2005/08/15 : CIIA-RDP87B01034R000500010011-8 Approved For Release 2005/08/15 : CIA-RDP87BO1034R000500010011-8 established to protect the sensitive aspects of sources and methods and analytical procedures of foreign intelligence programs. The term does not include Restricted Data as defined in Section II, Public Law 585, Atomic Energy Act of 1954, as amended. Senior Officials of the Intelligence Community (SOICs) for-the purposes of,this directive, SOICs are defined as the heads of organizations within the Intelligence Community, as defined by their designated representatives Purpose. The purpose of this Directive is to enhance Individuals who do not meet the minimum The granting of access to SCI shall be controlled under. the strictest persons'(other than elected officials. of the United States Government, federal procedures and continuing security programs, and to facilitate the security certification process among Government departments and agencies. 3. Applicabil.ity. The provisions of this Directive shall apply to all protection of SCI through the application of minimum security standards, judges DCI makes a specific, exception) without'regard to civilian or military status, form of employment, official rank or:position,or length or service. General. security criteria contained to SCI shall not, solely, for this-reason, be considered ineligible 'for-access to .other classified.informa- tion.. Individuals whose access to SCI-has been authorized as an exception reason, be considered eligible for access to other classified information. granted in accordance with paragraph 7 below, shall not, solely for that application of the "need-to-know" principle, and in accordance with the Approved For Release 2005/08/15 : CIA-RDP87BO1034R000500010011-8 Approved For Release 2005/08/15 : CIA-RDP87BO1034R000500010011-8 personnel security standards and procedures set forth in this Directive. In accordance with National Security Decision `? Directive Number 84 and the DCI .Security Policy Manual for SCI Systems, signature of a nondisclosure agreement which includes a provision for prepublication review is a condition of access to SCI. 6. Personnel Security Standards. Criteria for security approval of an individual on a need-to-know basis for access to SCI are: a. The individual shall be stable, trustworthy; reliable of excellent character, judgment and discretion and of unquestioned loyalty to the United States. b. Except where there is a compelling need, and a determina ti on has been made by competent authority as described in paragraph 7 below that every reasonable assurance has been obtained that under the circumstances (1) the security risk is negligible: Both the individual and the members of his or her immediate family shall be U.S. citizens. For.these purposes, "immediate family" includes the individual's spouse, parents, brothers,.` sisters and children.* (2) The members of the individual's immediate family -and persons to whom'he or she is '.bound by, affection or obligation** should neither be subject to physical; mental or other forms of duress by a foreign power, nor advocate the use of force or violence to overthrow the The requirement for U. S.-citizenship in this DCID also applies to a cohabitant.. ,including aconabitant. Approved For Release 2005/08/15 : CIA-RDP87BOl034R000500010011-8 Approved For Release 2005/08/15 : CIA-RDP87BO1034R000500010011-8 Government of the United States or the alteration of the form of Government of the United States by unconstitu- tional means. 7. Exceptions..to.P.ersonnel Security Standards. The exceptions to the Intelligence Community (SOIC) organization or his designee unless such paragraph 6.b.(I) or (2) above may be granted only by the Senior Official of zation as set forth in interdepartmental agreements. All exceptions granted will be common sense determinations based on all available information, and authority has been specifically delegated to the. head of an office or organi review of the information therein, must be made before an exception is of his life, a thorough assessment of the adequacy of the investigation in terms of fulfillment of the minimum investigative requirements, and judicious shall be recorded by-the-agency making the exception. In those cases in which the individual has lived outside of the United States for a substantial period considered. Investigative Requirements. The. investigation conducted on an individual under consideration for access to SCI will 9. The investigation shall be accomplished through record checks and be thoroughand shall be designed todevelop information as to-whether-the individual Standards. of identity to include birth, residences, education, employment and military.- order to establish affirmatively to the adjudicating agency complete continuity personal interviews of various sources by trained investigative personnel in service.. Where the--circumstances of a"case indicate, the investigation shall exceed the basic requirements set out below to ensure that those responsible Approved For Release 2005/08/15 : CIA4RDP87B01034R000500010011-8 11. Minimum standards for the investigation are as follows: Verification of date and place of birth and citizenship. Check of the subversive and criminal files of the Federal charts, and such other National agencies as are appropriate to the Bureau of Investigation, including submission of fingerprint individual's background. of the individual's immediate family who are United States citizens An. additional check of Immigration and Naturalization Service records shall be conducted on those members check of appropriate police records covering all areas the individual's residence, employment and education in the U.S throughout the most Verification of the individual's financial Approved For Release 2005/08/15 : CIA-RDP87BO1034R000500010011-8 and a signed release, as necessary, authorizing custodians of police, credit, education and medical records, to provide record information to the investi for adjudicating access eligibility have in their possession all the relevant facts available. 10. The individual shall furnish a signed personal history statement, fingerprints of a quality acceptable to the Federal Bureau of Investigation. gative agency. Photographs of the individual shall also be obtained where additional corroboration of identity is required. credit habits through checks of appropriate.. credit institutions or,, knowledgeable sources covering all areas of.employment, residence if such checks are not productive, through interviews with Approved For Release 2005/08/15 : IA-RDP87B01034R000500010011-8 Approved For Release 2005/08/15 : CIA-RDP87BO1034R000500010011-8 e. Interviews with neighbors in the vicinity of all the individual's residences in excess of six (6) months throughout the most recent five (5) year period. This coverage shall be expanded where the investigation suggests the existence of some questionable behavioral pattern. with supervisors and coworkers at places of employment covering the in any event the,most recent two (2) years. Personal interviews Confirmation of all employment during the past fifteen (15) years or since age eighteen, whichever is the shorter period, but past ten (10) years shall be accomplished. tions of higher learning within the past fifteen (15) years. the individual did not attend an institution of higher learning, verification of graduation or attendance at last secondary school within' the past ten (10) years. sources-(a minimum,.of three developed during the course of investigation) as practicable When employment, foreign countries (except for periods of less than one year for check of the records will be made at the Department personnel on U.S. Government assignment and less than ninety days for other purposes) . during the past Verification of graduation or attendance at all institu - Review of appropriate military records. Interviews with a sufficient number of knowledgeable the past fifteen (15')'years. Approved For Release 2005/08/156 CIA-RDP87BO1034R000500010011-8 Approved For Release 2005/08/15 : CIA-RDP87-BO1034R000500010011-8 or residence and to attempt to determine if any lasting foreign contacts or connections were established during this period. However, in all cases where an individual has worked or lived outside of the U.S. continuously for over one year, the investi- State and/or other appropriate agencies. Efforts shall be made to develop sources, generally in the United States, who knew the indi- vidual overseas in order to cover significant employment, education gation will be expanded foreign country(ies) in which the individual resided. record sources as may be available to the U.S. Government in the to cover fully this period in his or her life through the use of such investigative assets and checks of k. When the individual has immediate family members or other in any of the situations described in subparagraph 6.b.(2) above, persons to whom the individual is bound by affection or obligation ascertain the facts as they may relate to the individual's access .trained security, investigative or counterintelligence personnel to the investigation will include an interview of the individua eligibility. of the Federal Bureau of Investigati-bn?-and other National agencies the individual's spouse or cohabitant shall at a minimum be checked through the subversive and criminal files a determination by the adjudicating agency that the provisions of bound by affection or obligation) to the.extent necessary to permit as appropriate. When conditions indicate, additional investigation shall. be conducted on the spouse of the individual and members of. the immediate family (or other persons to whom the individual is Approved For Release 2005/08/15 : CIAZRDP87B01034R000500010011-8 Approved For Release 2005/08/15 : CIA-RDP87BO1034R000500010011-8 In exceptional cases, the SOIC or his designee may determine paragraph 6 (Personnel Security Standards) above are met (See Annex A). to ensure full investigative coverage. A personal interview will m. A personal interview of the individual may be conducted, by trained security, investigative or counterintelligence personnel, be conducted when necessary to resolve information and/or:inconsistencies developed during the investigation. 'In departments or agencies with policies sanctioning the use of the polygraph for personnel security purposes, the personal interview may. include a polygraph examination, conducted by a' qualified polygraph examiner. Exceptions . to..I nvest.i_gatime. Requirements. .thatit is.necessary'or advisable in-the National interest to authorize checks such casesshall include explicit :notification of the exception. to CI prior.to completion of the fully prescribed investigation In this situation, such-investigative as are immediately possible shall be made atonce and shall, interview of the individual by trained security, be strictly controlled and the fully prescribed investigation and eval uation shall be completed at the earliest'practicable moment. Certification to other organizations of individuals authorized access in 13. Where a previous investigation has been conducted within the past. five (5) years-which substantially-meets-the above minimum standards, it may serve as a basis for granting access approval provided Approved For Release 2005/08/15 : CI.RDP87B01034R000500010011-8 Approved For Release 2005/08/15 : CIA-RDP87B01034R000500010011-8 a review of the personnel and security files does not reveal substantive changes in the individual's security eligibility. If a previous inves- tigation does not substantially meet the minimum standards or if it is more than five (5) years old, a current investigation shall be required but may be limited to that necessary to bring the individual's file .:up-to-date in accordance with the investigative requirements set. forth in paragraph 11 above. Should new information be developed during the current. investigation which bears unfavorably upon the individual's activities covered by the previous investigation, the current inquiries shall be expanded as necess ry to develop full details of this information. Periodic Reinvestigations. 14. Programs shall be instituted requiring the periodic reinves- tigation,of personnel provided access to SCI. These reinvestigations shall be conducted on a five (5) year recurrent basis, but on a more frequent basis where the individual has shown some questionable pattern,,_ behavioral pattern,his or-her activities are otherwise suspect, or when deemed necessary by the SOIC concerned. 15. Thescope of reinvestigations shall be determined by the SOIC concerned based on such considerations as the:. potential damage that might result from the individual's defection--or'willful compromise of SCI and the availability and probable effectiveness of other means to continually evaluate factors related to the individual's suitability for continued access. The individual shall furnish an up-to-date, signed personal history statement and signed releases-as necessary. In all cases, the - reinvestigation shall include, as a minimum, appropriate Approved For Release 2005/08/15 :.CIS-RDP87B01034R000500010011-8 Approved For Release 2005/08/15 : CIA-RDP87BO1034R000500010011-8 national agency checks, local agency checks, (including overseas checks where appropriate), credit checks and a personal interview with the individual by trained investigative, security or counterintelligence personnel when necessary to resolve significant adverse information and/or inconsistencies. When conditions so indicate, additional investigation may be conducted as determined by the SOIC designee. or his 16. Determination of Access Eligibility. The evaluation ofthe` information developed by investigation on an individual's loyalty and suitability shall be accomplished under the cognizance of the SOIC" concerned by analysts of broad knowledge, good judgment and wide experience in personnel security and/or counterintelligence. When all other information developed on an individual is favorable, a minor investigative requirement which has not been met should not preclude favorable adjudication. In all evaluations the protection of the 'National interest is paramount. Any doubt concerning personnel having access to SCI s hould be resolved.in favor of the National security'and. the access should be denied or revoked. The ultimate determination of whether the granting. of access is clearly consistent with the interest, of National security shall be an overall; common sense determination based on all available information. 17. Appeals Procedures. Annex B prescribes common appeals procedures to be followed when an individual's SCI.. access has been denied. or revoked. C.onti.nui ncg . S.ecuri.ty Programs . 18. In'orderto facilitate attainment of the highest standard Approved For Release 2005/08/15 : d1A-RDP87B01034R000500010011-8` Approved For Release 2005/08/15 : CIA-RDP87BO1034R000500010011-8 departments and agencies shall institute continuing security programs personnel security and to augment both the access approval criteria and the investigative requirements established by this Directive, member for all individuals having access to SCI. In addition to security indoctrinations (See Annex C, "Minimum Standards for SCI Security Awareness Programs in the U.S.. Intelligence, Community"), these programs shall be tailored to create mutually supporting procedures under which will escape notice or.be left unresolved which brings into question an individual's.loyal,ty and integrity or suggests the .possibility of his or her beifng subject to undue influence or duress supervision of.that individual throughout the period of his assignment. program to which the individual is assigned shall assume security access to SCI, the SOIL for the department, agency, or Government individual is assigned to 'perform sensitive compartmented work requiring through foreign relationships or exploitable personal conduct. When an 19. The continuing security programs shall include: Individuals are required to inform the department or.' agency which"granted their SCI access about any personal problem or situation which may have a possible bearing on their :eligibility for continued access,to SCI and to seek appropriate guidance and assistance. Security counseling should be made available. This counseling should be conducted by. i ndi vi dual s having extensive background and experience regarding the nature and special vulnerabilities of the particular type of compartmented-information involved. b. SCI security education programs of the member Approved For Release 2005/08/15 :1CMA-RDP87B01034R000500010011-8 Approved For Release 2005/08/15 : CIA-RDP87B01034.R000500010011-8 departments and agencies shall be established and maintained pursuant to the requirements of Annex C. c. Security supervisory programs shall be established and, maintained to ensure that supervisory personnel recognize and .individual concerned to neutralize his or her vulnerability. States as well as to provide all necessary help to the Specific instructions concerning reporting procedures shall be disseminated to enable the appropriate authority to take timely corrective action to safeguard the security of the United indicators which may signal matters of security concern. discharge their special responsibility to safeguard SCI, including the need to assess continued eligibility for SCI access. These programs shall provide practical guidance on ;.Security Review Programs to ensure that appropriate security authorities always receive and exchange, in a timely: manner, all information bearing on the security posture of. shall be.kept history information Whenever adverse or derogatory,.,informati.on inconsistencies arise which could impact upon an individual's security status,-appropriate investigation shall be conducted on a timely basis. The. investigation shall be of sufficient scope necessary to resolve the specific adverse or derogatory. information, or inconsist- ency, in question so that.a determination can be Made as to whether the individual's continued utilization in activities requiring SCI is Approved For Release 2005/08/151.2CIA-RDP87B01034R000500010011-8 Approved For Release 2005/08/15 : CIA-RDP87BO1034R000500010011-8 clearly consistent with the interest of the National security. 21. Implementation. Existing directives, regulations, agreements and other guidance governing access to SCI as defined. herein shall be revised accordingly. William J. 'Casey Director of Central Intelligence .(DRAFT) Approved For Release 2005/08/15 : C34-RDP87B01034R00050001001 i=8 ;. Approved For Release 2005/08/15 : CIA-RDP87BO1034R000500010011-8 DCID 1/14 ADJUDICATION GUIDELINES This annex is designed to ensure that a common approach is followed by Intelligence Community Departments and Agencies in applying the standards of apply to the adjudication of cases involving persons being considered for first time access to Information (SCI) as well as those cases of persons being readjudicated for continued ADJUDICATIVE PROCESS The adjudicative process "whole person" concept. The recency of occurrence of any adverse incident, adjudication is the careful weighing of a number of variables known as not likely to later become an unacceptable security risk. SCI access entails the examination of a sufficient period of a person's life to make a determination that the person is not now or is uniform evaluation. central to a fair and violations were committed as well as any repetition or continuation of such conduct. Each case must be judged on its own merits and final . determination remains the responsibility of the individual SOIC. Any doubt concerning ultimate determination of whether the'granting of SCI access is the interests of national security shall be an overall Approved For Release 2005/08/15 : C!J$-RDP.87B01034R000500010011-8 Approved For Release 2005/08/15 : CIA-RDP87BO1034R000500010011-8 common sense determination based on all available information. In arriving at a decision consistent with the foregoing, the adjudicator must give careful scrutiny to the following matters: . Loyalty Close relatives and associates Homosexual conduct and sexual perversion Cohabitation ., Financial irresponsibility Alcohol abuse ? .Illegal drugs and drug abuse i Emotional and mental disorders j. Record of law violations k. Security violations Adjudicative actions concerning the foregoing items are examined.in greater detail below. LOYALTY DCID D. establishes the. categorical requirement that, to be eligible for SCI access, an individual must be of` unquestioned loyalty to the United States. CLOSE.RELATIVES AND ASSOCIATES DCID 1/14 requires close examination by the SCI adjudicator when members loyalty or affection is to a foreign power, or they are subject to . anyform o affection or obligation are not citizens of the United States, or their of.-an individual's immediate family and persons to whom he/she is bound by duress by a foreign pbWer,_or they advocate the violent overthrow or unconstitutional alteration of the Government of the United States.. Approved For Release 2005108/15 :fA-RDP87B01034R000500010011-8 Approved For Release 2005/08/15 : CIA-RDP87BO1034R000500010011-8 The adjudicator must assess carefully the degree of actual and potential influence that such persons may exercise on the individual based on an examination of the frequency and nature of personal contact and correspondence with and the political sophistication and general maturity of the individual. A recommendation for access disapproval isappropriate if there is an When there is a "compelling need" for SCI access for an individual whose family member is a non-U.S. citizen and the background investigation indicates that the security risk is negligible, an exception to paragraph 6b(l) or of DCID 1/14. may be recommended. In some circumstances, marriage of an individual holding SCI access .approval could present an unacceptable security risk. Such individuals are required to file intent-to-marry statements. It is the responsibility of the SOIC to advise the individuals of the possible. security consequences. If the individual marries a non-U.S. citizen, SCI. access will be suspended until the case is readjudicated unless an appropriate investigation of the spouse, as required by Paragraph 11L of DCID,1/14, was conducted with favorable results., In readjudi`cating such cases, the'same judgments and criteria as are reflected in. this section apply. HOMOSEXUAL'CONDUCT AND SEXUAL PERVERSION DCID 1/14 requires that, to be eligible for SCI. access, individuals must be stable,. of. excellent character and discretion,'and.not subject to undue influence or duress through exploitable personal conduct.. Sexual conduct.can;_be arelevant consideration in circumstances in which the conduct indicates.a personality disorder or could result in exposing the Approved For Release 2005/08/15 : +1;6A-RDP87B01034R000500010011-8. Approved For Release 2005/08/15 : CIA-RDP87BO1034R000500010011-8 individual to direct or indirect pressure because of susceptibility-to black- mail or coercion as a result of the deviant sexual behavior. Such behavior includes: bestiality, fetishism, exhibitionism, necrophilia, nymphomania or satyriasis, masochism, sadism, pedophilia, transvestism, and voyeurism. Homosexual conduct is also to be considered as a factor, in determining an. individual's stability and susceptibility to undue influence or duress. conduct or sexual perversion, it is relevant to consider the age of the person, the voluntariness, and the frequenc* of such activities, the public nature and the recency of the conduct, as well~as any other circumstances which may serve to aggravate the nature of character-of the conduct. A recommendation for disapproval is appropriate when, in view of all available evidence concerning the individual's history of sexual behavior, it appears that access to SCI could pose a ,risk to the national security. .A. COHABITATION Cohabitation in and of itself does not preclude SCI access approval. The identity of a'cohabitant-must be ascertained and a determination made if such association constitutes an unacceptable security risk based on the same criteria as in the section dealing with..Close Relatives and Associates. Cohabitation with an alien, for example, requires the same' scrutiny as marriage toan alien. Extra-marital sexual relations are also of legitimate concern to the SCI adjudicator when the potential for undue influence or, duress exists. UNDESIRABLE CHARACTER TRAITS It is emphasized that an individual's lifestyle is examined only .in an effort to determine whether a pattern of behavior exists.which indicates that Approved For Release 2005/08/1151: CIA-RDP87B01034R000500010011-8 Approved For Release 2005/08/15 : CIA-RDP87BO1034R000500010011-8 granting SCI access could pose a risk to national security. In cases where allegations have been reported which reflect unfavorably"on the reputation of an individual, it is incumbent upon the SCI adjudicator to distinguish fact from opinion and to determine which negative characteristics are real and pertinent to an evaluation of the individual's character and which are unsubstantiated or irrelevant. Relevant negative characteristics are those which, in the adjudicator's informed opinion, indicate that an individual is not willing, able, or likely to protect SCI information. The adjudicator's personal likes or dislikes must not be permitted to affect the determination. Examples of specific concern in .determinin gwhether an individual has undesirable character traits are any substantive, credible, derogatory comments by associates, employers, neighborsand other acquaintances; any litigation instituted against, the individual by such persons as a result o the individual's actions; or allegations of-violations of law A recommendation for disapproval would be appropriate for an individual who cannot be relied upon to obey rules and regulations. In'examinin9the circumstances of cases involving incidents of untruthfulness, the adjudicator must weigh all factors with particular emphasis on establishing the intent of the individual. individual.'-Where an individual .... ... a .. 4 has tried to obscure pertinent or si gni fi cant facts by falsifying data, i , e. on the Personal History Statement by either omission or false entry, such action.. should be weighed heavily against recommending access. Failure to disclose derogatory personal information, such as a court martial or serious crime, would.appearr to be intentional and, consequently, would warrant a recommendation for disapproval... FINANCIAL IRRESPONSIBILITY Approved For Release 2005/ 8/15': CIA-RDP87B01034R000500010011-8 Approved For Release 2005/08/15 : CIA-RDP87BO1034R000500010011-8 Financial irresponsibility represents a serious concern to the SCI adjudicator. Persons who have?engaged in espionage for monetary gain demonstrate the hazard of granting SCI access to an individual with overly expensive tastes and habits or living under the pressure of serious debt., A.recommenda?tion for disapproval is appropriate-when there is a pattern of financial irresponsibility and it appears that. an individual has not made. a conscientious effort to satisfy creditors. In such cases, the adjudicator should'determine.whether the individual had been notified about the debts and --. -- -r ._ o }fie whether they :,'were' legally valid or ultimately satisfied. When. the financial irresponsibility alone is not of such magnitude to , warrant'disapproval, it may contribute to recommendation.fordenial of SCI access when there is other evidence of irresponsibility. ALCOHOL: ABUSE The SCI adjudicator should examine any information developed relative to .an individual.'s use of alcoholic beverages to determine the extent to which such use would adversely affect the ability of the individual to exercise the care; judgment, and discretion necessary to protect SCI.- 5 s~ information The adjudicator should determine whether a pattern of. impropriety exists, although one incident caus'ed.,.byalcohol abuse may be of such magnitude to warrant a recommendation'fordisapproval In determining the security impact of a person's pattern of alcohol use, the adjudicator should consider the circumstances, amount and rate of consumption,,-the time.and place of consumption, and the physiological and behavioral effect such drinking has on the individual. For example, does the individual's+dri.nking-result in absences.from-work?or careless work habits? Does the'indi.vidual become talkative, abusive or manifest other undesirable 'Approved For Release 2005/08/15: CIlAgRDP87B01034R000500010011-8. Approved For Release 2005/08/15 : CIA-RDP87BO1034R000500010011-8 characteristics? Does the individual drink until intoxicated? Has the individual been arrested for any acts resulting from the influence of alcohol? In the absence of conclusive evidence, additional insight may be available from appropriate medical authorities. If the individual acknowl- edges having an alcohol.abuse problem and is seeking help,' it may be appropriate to defer access determination and monitor the individual's progress for a year or so. >;. If, after considering the nature -and-sources of the information, the adjudicator determines that an individual's drinking is not serious enough to warrant a recommendation for disapproval of SCI access, it may be appropriate appropriate period of time has passed. recommend a reinvestigation of the, individual's use of alcohol after, an incidents of alcohol abuse,may result in SCI denial. The adjudicator may also to recommend approval with a warning at the time of indoctrination that future ILLEGAL DRUGS AND DRUG ABUSE The SCI adjudicator should examine all. allegations of an individual' .use,transport,'transfer, sale, hallucinogens, cultivation, processing and manufacturing of narcotics,`drugs.and other materials and chemical identified and listed Consequently an the Controlled Substance Act of 1970, compounds as amended. individual's involvemgnt.i.n any of these activities is of to the SCI adjudicator in order..to determine the individual's- capability to exercise the care, discretion, and judgment required to protect SCI information. The use of these substances may lead to varying degrees of physical or psychological dependence as well as having a deleterious effect on- an individual's mental- state and ability to function. Personsinvolved in drug trafficking,;i.e., the commercial cultivation, Approved For Release. 2005/08/15 : CI RDP87B01034R000500010011-8 key elements. For example, has the individual used "hard" drugs or processing,. manufacturing, purchase or sale of such substances should normally habitual. The frequency, recency and circumstances surrounding said use are be recommended for disapproval. In cases involving the use of drugs, the adjudicator must consider the nature of the substance used and whether the use is experimental or cocaine or LSD? Has the individual used drugs regularly or only on occasion? Does the individual currently use drugs? Does the individual regularly purchase drugs or participate merely when offered drugs by others? Has the individual's behavior been affected by the use of Once the judgment is made that an individual is a habitual user of any controlled substance (multiple use beyond the point of mere experimentation), a recommendation for disapproval is appropriate. Moreover, even experimental, use of hard drugs or hallucinogens, such as LSD, could warrant a recommendation for disapproval. EMOTIONAL AND MENTAL DISORDERS Approved For Release 2005/08/15 : CIA-RDP87BO1034R000500010011-8 . DCID1/1.4 requires that persons considered for access to SCI be'stable, trustworthy, reliable, and of excellent character, judgment and discretion. determining whether an. individual is able or willing to protect SCl'infor of reality or reliability are of serious concern to the SCI adjudicator.in Emotional and mental. disorders which interfere with an individual's perception mation. is essential to obtain as much information as possible when an interviewed to obtain additional detail.` When appropriate, government allegation.has been made in this area. If feasible, the individual should be Approved For Release 2005/08/15 : C~J-RDP87B01034R000500010011-8. advisable to recommend postponing final action and rechecking the situation at psychological and psychiatric personnel should be consulted so that psychiatric or psychological data may be properly evaluated. If a current emotional instability appears to be a temporary condition, for example, caused by a death, illness or marital breakup, it may be tests when so directed by competent authority should not be recommended for. later.date. Military and civilian personnel who decline to take medical/psychiatric -SCI character, judgment and discretion as required by DCID 1/14 for access to SCI, In determining.whether an individual is stable, trustworthy, of excellent Approved For Release 2005/08/15 : CIA-RDP87BO1034R000500010011-8 access.: RECORD OF LAW VIOLATIONS .the adjudicator must. weigh when cured, would have no security implications. carefully any record of law violations by the individual. Although a pattern of repeated minor traffic 'violations could be significant, the adjudicator is principally concerned with more serious criminal violations or court actions reflecting adversely upon the individual'S reliabili.ty.or.trustworthiness. Each.case involving convictions, for criminal offenses must be considered from. the. standpoint. of the nature and seriousness of the offense, the cir- cumstances under which i t occurred, how .l orig ago it occurred, whetherit was an isolated offense or.a repeated violation of the law, the offender's age at the time, social conditions which may.have a bearing on the individual actions, and any evidence of . rehabilitation. Any conviction for a felony'will normally support a. recommendation for disapproval. If the offense was committed many years prior, the individual This precludes a security disapproval for what may be a Approved For Release-2005108/15: CIA)P87B01034R000500010011-8 Approved For Release 2005/08/15 : CIA-RDP87801034R000500010011-8 has shown evidence of rehabilitation, and the investigation shows no other derogatory information, an approval may he considered. A large number of minor offenses, however, could indicate irresponsibility and may support an adverse recommendation, SECURITY VIOLATIONS Most security violations are caused by carelessness or ignorance with no intention of compromising security. However, the record of an individual responsible: for multiple violations should be scrutinized The individual"s current attitude toward security should be confirmed with his/her supervisor A pattern of Zviolations may be sufficient ground for a recommendation for disapproval. Approved For Release 2005/08/15: CIA2IDP87B01034R000500010011-8 Approved For Release 2005/08/15 : CIA-RDP87BO1034R000500010011-8 ANNEX B DCID 1/14 APPEALS POLICY 1..; This annex establishes common appeals procedures for the denial or revocation of access to Sensitive Compartmented Information (SCI) by entities of the Intelligence Communi-ty after adjudication pursuant to' theprovisions.o DCID 1/14. This annex is promulgated pursuant to Executive Order 12333, Executive Order 12356 and Section 102 of the National Security Act of 1947. For the. purpose of this annex, all references to DCID 1/14 include the basic document and all of its annexes. Any person who has'been considered for ini- ti al or continued access to SCI pursuant to the provisions of DCID 1/14 shall, to the extent provided below, be afforded an opportunity to appeal 'the denial .or revocation of such-access.-'.-This annex supersedes any and all other practices. and procedures for the appeal of the denial, or 'revocation of SCI ,access. This annex shall. not be construed to require .,the disclosure of classified information or information concerning intelligence sources and methods, nor shall: it be construed to afford an opportunity to appeal prior to the actual"denial'or'revocation of SCI access In addition, the provisions of DCID 1/14, this annex, or any other document or provision of-law shall not b construed to. create a property interest of any kind in the access of any person to SCL. Further,`since the denial or revocation of access to SCI cannot by the terms of DCID 1/14 render a person ineligible for access to other classified information solely for that reason, the denial or revocation of SCI access pursuant .to the provisions of DCID 1/14 and this annex shall not 24 Approved For Release 2005/08/15 : CIA-RDP87B01034R000500010011-8:., Approved For Release 2005/08/15 : CIA-RDP87BO1034R000500010011-8 be construed -to create a liberty interest of, any kind. APPLICABILITY This annex applies to all United States Government civilian and military personnel,`as well as any other individuals, including contractors and employees of contractors, who are considered for initial or continued access to, ,SCI This annex does not apply to decisions regarding employment and shall not be construed to affect or impair Public Law 88-290 or the authority of any entity to effect applicant or personnel actions pursuant to Public Law,88-290:.Public Lawf86-36, or other applicable law. SCI ACCESS DETERMINATION AUTHORITY 3. Adjudications for access to SCI shall be made in accordance with DCID 1/14 by a Determination Authority designated.by the Senior Official of the Intelligence' Community (SOIC) of each entity. Access to SCI shall be denied or revoked whenever it'is determined that,a person does not meet the security standards. provided forin DCID 1/14. 4a. ; Persons shall be: (1) notified of the denial or revocation of SCI access, 2)"notified that they may request to be provided the reasons _.for such denial or revocation,: and/o.r (3) afforded an opportunity to appeal, whenever the Determination Authority of any entity, in the exercise of his or,., her discretion, deems such action in any given case to be clearly consistent with the interests of the national security. b. Any person who is given notification and afforded an opportunity to 25 Approved For Release, 5/08/15: CIA-RDP87BO1034R000500010011-8 Approved For Release 2005/08/15 : CIA-RDP87BO1034R000500010011-8 appeal pursuant to subparagraph a. above may, within 45 days of the date on which such person is notified of the reasons for denial or revocation of SCI access, submit a written appeal of that denial or revocation to the Determina- tion Authority.`. The. written material submitted for consideration may include any information which the person believes will assist the Determination. Authority in reviewing the case. After-a.'-further review of the case in the light of the written appeal, the person will be notified of the decision of the Determination Authority. review of the case.,:;?In that event,'the SOIC, or his or her'designee, shall notified of the Determination Authority's reaffirmation, request a final :.If the. Determination Authority reaffirms a denial or revocation o access, the person may, within 30 days of the date on which such'person is personally review the case and exercise his or her discretion pursuant to the provisions of DCID 1/14, and shall inform the person of his or her decision, which shall be final and unreviewable. 26 .Approved For Release 2005/08/15: CIA-RDP87B01034R00050001001 1-8 Approved For Release 2005/08/15 : CIA-RDP87-BO1034R000500010011-8 ANNEX C MINIMUM STANDARDS FOR SCI SECURITY AWARENESS PROGRAMS IN THE U.S. INTELLIGENCE COMMUNITY Minimum standards are'hereby established for the SCI security education programs.designed to enhance the security awareness of U.S. Government private contractors the U.S. Intelligence Community. Existing security awareness programs shall .be modified to conform with these standards. Departments/Agencies will establish a documented program,'to ensure that training has been presented to .all personnel. The security awareness requirements set forth herein are divided into three phases. Phase I. concerns the initial indoctrination of the employee which is normally administered prior to access to SCI. Phase II concerns the continuing security ' awareness. program required to maintain and increase security' awareness throughout the period of access. Phase.IIIsets forth the 'final`'guidelines.and.instructions when access to SCI. is terminated. . yin'- iy ..4 .:` ~ ~... :.r : . _, _ 9.: . ...; ,~ '? I.A. Initial Indoctrination--As soon as,practicable after being approved for access to. SCI, employees shall receive an-initial security indoctrination which shall include: A. The need for and purpose of SCI, and the adverse effect on the national security that could result from 'unauthorized disclosure. B. .The intelligence mission of the Department/Agency to 27 Approved For Release .2005/08/15 CIA-RDP87BOl034R000500010011-8 Approved For.Release 2005/08/15 : CIA-RDP87BO1034R000500010011-8 include the reasons why intelligence information is sensitive. C. The administrative, personnel, physical and other procedural security requirements of the Department/Agency, and those requirements peculiar to specific duty assignments. D. Individual - ", 1. i 11 41 classification management responsibilities set ;forth in appropriate directives and regulations to include classification/declassification guidelines and marking require- meats. hr E. The definitions and criminal penalties for espionage, including harboring or concealing persons; gathering, transmittin .or losing defense information; gathering or delivering defense information.to aid foreign governments; photographing and sketching defense installations; unauthorized disclosure of classified infor- mation (Title 18, U.S.C., Sections 792 through 795, 797 and 798), the Internal Security Act of 1950 (Title 50, U.S.C., Section 783), and,. when 227). appropriat.e~;:the Atomic Energy Act, Sections 224 through The administrative sanctions for violation or disregard security procedures:.: G. '..A review-,'of the techniques'. en.pi oyed .by ' fmrei gn -' i ntel - ligence organizations. in attempting-to obtain national security information. H Individual security responsibilities including 1.~ ~~;,The prohibition against.discussing SCI in.a nonsecure area,, over a nonsecure telephone orin any other manner that 28 Approved for Release 2005/08/15 : CIA-RDP87B01034R000500010011-8 Approved For Release 2005/08/15 : CIA-RDP8.7BO1034R000500010011-8 permits access by unauthorized persons. 2. The need to determine, prior to disseminating SCI, that the prospective recipient has the proper security access approval., that the SCI is needed in order to perform official duties and that the recipient can properly protect the information. reporting r 3." ve% travel, contacts with foreign natio ized individuals to bta i n national nals, attempts by unauthor- security information, physical security deficiencies and. loss or possible compromise of SCI material., 4.. Obligation to report to proper authorities any information which could reflect on the trustworthiness of.an individual who has access to SCI, such as: Willful violation of security regulations. unexplained affluence.or'excessive indebtedness..- Serious .unlawful.acts Apparent mental or emotional problems. Coercion.. ' orharassnient attempts. Blackmail equirements such.as'foreign attempts. Identification of the elements in the Depart-. merit/Agency to which matters of security interest are to II. -Periodic Employee 'Awareness Enhancement - Each Department/Agency Approved For Release 2005,/08/1;5. CIA-RDP87B01034R0005000'10011-8 Approved For Release 2005/08/15 : CIA-RDP87BO1034R000500010011-8 shall establish a continuing security awareness program which will provide for frequent exposure of personnel to security awareness material. Implementation of a continuing program may include live briefings, audio-visual presentations (e.g., video tapes, films and slide/tape programs), printed material (e.g., ,posters, memoranda,pamphlets, fliers) or a combination, thereof. It is essential'thatcurrent information and materials be utilized. Programs-,should ' i >t s _:.Y t ,aSAr 'ui t~^i4r,,ii 1Y '`~f1>'f x[er t ..~.~:, ?s ..'~ ,_.~:- - ,. `,..~ ..,::SJ" _. ~:,. ~,`.`:Y.t .;'xM .~ ., %#.ked"ts Individual security responsibilities n A review of"otherappropriate_Depa,rtment/Agency ~ a requiremen ts. B Special security briefings/-debriefings are required to supplement the existing security awareness programs in the fol l owi ng' si tuati ons ... fi .~^ ...' When an' empl ogee 'is -designated as a courier. When an employee travels, officially or Approved s Foy' 1 e ~ 08/ 15 3C A 2 iP87B01034R000500010011-8.g, Approved For Release 2005/08/15 : CIA-RDP87BO1034R000500010011-8 unofficially, to or through communist countries, or areas of high risk. 3. When an employee has, or anticipates, contact with representatives of communist controlled countries. When an employee is granted access to SCI or cryptographic .'material .. 41, Ili Y Y ,5 .t~ } "tJk7~-Ak~1 S When any other`.situation arises for which ..a specialbriefing/debriefing is required by the Department/Agency. ~sMrl*' III. Debriefing` When a-Department/Agency has determined that access t SCI is no longer re.quired, final instructions and guidelines will be. provided to the em pi oyee Asa minimum A these shall include- A.,: A, requirement that the individual' read appropriate. sections of Titles ': 18" and 50U.S Code, and that the intent and criminal ;sanctions of these laws relative to espionage and unauthorized ~'~ ~-? ~; k ! t a k w `disclosure: be clarified The co:nttnuing obligation never to divulge, publish, or Freveal bywriting, word,`?conduct or otherwise, to any, unauthorized; f,. persons any Swithout the written consent..of appropriate Department/Agency officials. C. An acknowledgementthat the-individual will report without delay to the Federal Bureau of Investigation, or the Department/ Agency, any attempt by an unauthorized person to solicit national security information. 4, ,. D A.declaration that the individual no longer possesses a y Approved For ase 8/d C1A RDP.871301034R000500010011_8 W - Approved For Release 2005/08/15 : CIA-RDP87BO1034R000500010011-8 certain hazardous activities as defined in DCID 1/20, and documents or material containing SCI. E. A reminder of the risks associated with foreign travel and Department/Agency reporting requirements as applicable. Approv dy or.Ft ~ ,' 05 ,0 11' z CIA- 87B01034R000500010011-8