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CONFIDENTIAL
Date: 04/12/2005
Category: 10 - Security OPR: Sc
Title: AR 10-22 ACCESS TO AND RELEASE OF OFFICIAL
INFORMATION
REVISION SUMMARY: 12 April 2005
This regulation supersedes AR 10-22 dated, 4 March 2003.
AR 10-22 is revised to update organizational titles. This revision reflects the Agency's
organizational restructuring that resulted from the DCI's decision, effective 4 January 2005, to abolish
the Mission Support Offices and establish the Directorate of Support.
Boldfaced text in this regulation indicates revisions.
This regulation was written by the Security Center,
(secure).
22. (U) ACCESS TO AND RELEASE OF OFFICIAL INFORMATION
(U) SYNOPSIS. This regulation sets forth policy governing access to and
release of all official information in the possession of the Agency.
a. (U) DEFINITION. The term "official information," as used in this regulation,
includes all information, whether classified or unclassified, that is originated,
received, or controlled by the Agency in pursuance of law or in connection with the
discharge of official duties. This definition encompasses information that concerns
sources and methods, is unique to the Agency, or can be traced to the Agency.
Excluded from this definition are personal copies of unclassified/uncontrolled
administrative notices, personnel actions, financial statements, medical records, and
items meant for public consumption such as newspapers, magazines, books, and
reference materials. All official information as defined here is the property of the
U.S. Government.
b. (p) POLICY
(b)(3)
(b)(3)
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(1) (U) GENERAL. Official information is not to be used for personal use or
benefit and may not be copied or removed from the files of the Agency for any
purpose except in connection with official business.
(2) (U) ACCESS. Official information will not be provided to or used by an
individual unless it is required in the course of official duties. Classified
information is further restricted to those persons having a need-to-know who also
have the necessary security clearances or access approvals. (Section 2.3,
Executive Order 12333, contains restrictions on release of nonpublicly available
information concerning U.S. persons.)
(3)y, STORAGE. When not in use, classified information must be stored in the
manner specified in AR 10-23 or, in the case of information that requires special
controls, in accordance with the provisions of HR 10-25. Unclassified official
information marked with "Administrative-Internal Use Only" (AIUO) controls
may be stored in the manner specified for classified material or, at a minimum, in
a bar lock cabinet. Official information marked "For Official Use Only" (FOUO)
will be stored in a manner to preclude unauthorized access. Filing such material
with other unclassified records in unlocked files, desks, or similar containers is
adequate when normal U.S. Government or Government-contractor internal
building security is provided. When such internal security control is not
exercised, locked buildings or rooms normally provide adequate after-hours
protection. If such protection is not considered adequate, FOUO information will
be stored in locked receptacles such as file cabinets, desks, or bookcases.
(4) SOK REMOVAL AND TRANSMITTAL OF CLASSIFIED
INFORMATION. The removal of classified information from Agency facilities
and its transmittal are governed by the provisions of HR 10-24, HR 10-25, and
related directives. No classified information may be removed from Agency
buildings to residences unless specific prior approval has been granted by the
Chief, Security Center, (C/SC), and then only when approved storage facilities
are available at the specific site. Information bearing the AIUO marking may not
be removed from Agency buildings without the specific permission of the
employee's supervisor, and then only if appropriate storage facilities are available
as outlined in paragraph b(3) above. Unclassified information bearing AIUO or
FOUO control markings may be removed from Agency buildings for official
purposes only and if approved storage facilities are available as outlined in
paragraph b(3) above. In all cases, the material is to be ultimately returned to the
Agency for permanent storage and/or destruction.
(5) feerDESTRUCTION. The destruction of classified information must be
accomplished as provided for in HR 10-24(e)(5). These destruction procedures
also are applicable to unclassified official information marked with AIUO
controls. Official information marked FOUO should be destroyed by secure
destruction methods where they are available or, where they are not, by tearing
each copy into pieces to preclude reasonable attempts at reconstruction and then
placing the pieces in a regular trash container.
c. (U) RESPONSIBILITIES
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(b)(3)
d. (U) PENALTIES. Certain violations involving the misuse or mishandling of
classified information can constitute a criminal offense, penalties for which are
specified in Sections 793, 794, and 798, Title 18 U. S. Code. Other violations, while
not constituting a criminal offense, represent violations of the Executive order on
classification of national security information and Agency security policy and will be
handled under appropriate provisions of AR 10-11.
e. (U) SPECIAL SITUATIONS
(1) (U) RELEASE OF INFORMATION TO THE CONGRESS OF THE
UNITED STATES
(a) (U) Any request from members, committees, or staffs of the Congress of the
United States for information or material in the possession of the Agency or
for testimony or a briefing by an Agency employee must be referred to the
Office of Congressional Affairs (OCA). The Director of Central Intelligence
(DCI) has delegated to OCA the authority to arrange for the release of Agency
information or material or to arrange for testimony or a briefing by an Agency
employee for members, committees, or staffs of Congress. Decisions on
releasability of Agency information are made by the Deputy Director
concerned or designee concerned or designee in coordination with OCA based
upon the general responsibility of a member or committee or the specific
subject of a committee inquiry or investigation. OCA is responsible for
coordinating requests for and releases of information or material with the
originating office and other appropriate offices within the Agency.
Disagreements concerning either responses or the subject matter of a response
to Congress will be forwarded to the DCI or the Deputy Director of Central
Intelligence for resolution. Agency employees must obtain the prior approval
of OCA before having any official contact with members, committees, or
staffs of Congress.
(b) (U) In all cases where documents containing classified information are being
sent on a loan or permanent basis to Congress, they will be marked in
accordance with the provisions of the Executive order on classification of
national security information and any implementing directives issued by the
Information Security Oversight Office. No markings other than those
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authorized by the Executive order or directive will be placed upon the
documents. It is the responsibility of OCA to ensure that classified
information is sent only to those authorized to receive it. OCA will be
responsible, therefore, for initiating clearance requests for committee or
personal staff members, will maintain a record of those who received
clearances and the level of such clearances, and will notify the Security
Center when a committee or personal staff member no longer requires a
security clearance.
(2) (U) RELEASE OF INFORMATION TO THE GENERAL ACCOUNTING
OFFICE OR THE LIBRARY OF CONGRESS. Any request from the General
Accounting Office or the Library of Congress for information or briefings also
must be referred to OCA. This excludes, however, exchanges between the Office
of Information Resources and the Library of Congress.
(3) (U) RELEASE OF INFORMATION TO FORMER EMPLOYEES. Former
employees are not to be provided official information unless it is properly
released to them through designated official channels. Need-to-know and
possession of the appropriate security clearances must be demonstrated prior to
release of any classified information. In general, former employees will be
treated as other members of the general public who request information under the
provisions of the Freedom of Information or Privacy Acts or the mandatory
review procedures in the Executive order on classification of national security
information.
(4) (U) ACCESS BY FORMER PRESIDENTIAL APPOINTEES AND
HISTORICAL RESEARCHERS. This access is controlled under the Executive order
on classification of national security information as implemented by the provisions of HR
10-24.
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