ISL 96L-2
Cogswell Award Recipients
Executive Order 12958
New CVA Telephone Numbers
Submission of Standard Form 86 (SF 86)
Transfers Within A Multiple Facility Organization(MFO)
Paragraph 10-601c, Access to Classified Information Overseas by Consultants

FSO Training
Office of Industrial Security International-Far East
Availability Of Briefing For User Agencies
"Catch-em in CONUS" Program
Employment Termination When There is a Pending Clearance

Q&A - Disclosure Authority and Need-to-Know for Non-Contract Related Visits


    Margaret R. Munson, Director of the Defense Investigative Service, announced the recipients of the Department of Defense's James S. Cogswell Outstanding Industrial Security Achievement Award for 1996 at the National Classification Management Society's 32nd Annual National Training Seminar in Baltimore, Maryland. The annual award is presented to contractors who demonstrate a commitment to industrial security excellence through the maintenance of exemplary security programs. The 1996 Cogswell Award recipients are:

  2. Executive Order 12958

    Executive Order (EO) 12958, Classified National Security Information, was signed by the President on April 17, 1995 and became effective on October 14, 1995. The Order presents an updated system for managing the protection of national security information.

    The Order reaffirms both of the two basic classification processes: original classification and derivative classification, and the three levels of classified information (TS, S, C). But it also sets new standards. The original classification authority must now be able to identify or describe the damage to national security that would be expected if the information were improperly disclosed. Also, information will normally be classified only for 10 years, and will require specific action to extend classification beyond those 10 years, if necessary.

    The Order eliminates the "OADR" declassification instruction. Original classifiers may no longer use the indefinite duration indicator, "Originating Agency's Determination Required (OADR)." Specific declassification instructions - most often a date or event -must now be shown. However, derivative classifiers may temporarily continue to use OADR under certain circumstances.

    EO 12958 requires more detailed document marking. All government agencies must now portion mark documents unless relieved from this requirement by the Information Security Oversight Office. Original classifiers must be identified by name and position title, or by a specific personal identifier, and a concise reason for the classification must be provided. In derivative classification, the source or sources of classification must continue to be shown, as well as declassification instructions.

    This Order also authorizes and encourages individuals to challenge the classification of information if they believe the classification is inaccurate or improper.

    Until a NISPOM change is published, contractors can use the following general guidelines:

    In Industry there is no original classification authority; therefore, there is also no original declassification authority; therefore, contractors shall not automatically declassify anything unless they have obtained, and are following, User Agency Guidance.

    When preparing derivatively classified documents, contractors shall use only the "DERIVED FROM" line and the "DECLASSIFY ON" line.

    When source documents are marked "OADR," documents derivatively prepared from them shall be marked "SOURCE MARKED OADR, DATED (date of source)"

    EO 12958 does not apply to RESTRICTED DATA and FORMERLY RESTRICTED DATA.

  3. New CVA Telephone Numbers

    Reference NISPOM paragraph 7-102a and Appendix A, page A-5. Effective June 18, 1996, the new telephone numbers for the Central Verifications Activity are:

  4. Submission of Standard Form 86 (SB 86)

    When submitting a paper SF 86 or printed EPSQ to DISCO for clearances and periodic reinvestigations that require single scope background investigations (SSBIs), contractors should submit the original and three single-sided copies. All copies must be complete reproductions that include signature. If an SSBI scope investigation or periodic reinvestigation is not required, only the original SF 86 is needed.

  5. Transfers within a Multiple Facility Organization (MFO)

    If contractors elect to have letters of consent (LOCs) issued to the various operating locations of an MFO, transfers of cleared employees within the MFO should be reported to DISCO on the DISCO Form 562. DISCO will not issue an LOC to the gaining facility. The losing facility should send a copy of the Form 562 along with the LOC to the gaining facility. If all LOC's in an MFO are held by the home office facility, transfers within the MFO should not be reported to DISCO.

  6. Paragraph 10-601C, Access to Classified Information Overseas by Consultants

    Consultants are eligible for access to classified information outside the U.S. and its trust territories and possessions provided overseas travel does not exceed 90 consecutive days. Consultants who reside overseas are generally not eligible for access to U.S. classified information.

  7. FSO Training

    NISPOM paragraph 3-102 states that the Facility Security Officer (FSO) shall complete security training as deemed appropriate by the Cognizant Security Agency. As a general rule, all new FSOs must take the Essentials of Industrial Security Management (EISM) Correspondence Course and FSOs of facilities which possess classified information must complete the Protecting SECRET and CONFIDENTIAL Documents (PSCD) Correspondence Course. Beyond the correspondence courses, FSOs of facilities with approved capability to store classified information must attend the FSO Program Management Course within one year of assuming their positions if the facility has safeguarding capability or within one year of the facility acquiring safeguarding capability. In those situations where the FSO possesses a level of knowledge commensurate with the facility's classified involvement, the servicing IS Rep may relieve the FSO of the requirement to take these courses.

    There are no academic prerequisites for attendance at the FSO Program Management Course and there is no charge to attend other than any lodging or travel expenses incurred. However, there is now an administrative fee of $27.50 for each of the correspondence courses which is levied by the Army Institute for Professional Development to defray the costs of printing and shipping the course materials as well as enrollment, test grading, record keeping and other student services. FSOs who have taken the Industrial Security Management Course and previous editions of the EISM and PSCD correspondence courses need not take the new versions. If you have any questions regarding the training requirements discussed above, please contact your servicing IS Rep.

  8. Offiice of Industial Security International - Far East

    Effective May 1, 1996, the San Diego Industrial Field Office assumed industrial security support responsibilities for the operations of cleared contractors in the Far East. The DIS Office of Industrial Security International, Far East (OISI-FE), Camp Zama, Japan has been disestablished. Contractors assigned to Pacific Air Force (PACAF) installations (e.g., Yokota, Misawa, Osan, etc.) continue to fall under the industrial security cognizance of their respective Air Force Information Security Program Manager (ISPM).

    This decision was based on the agency's efforts to consolidate and streamline existing field operations. The decision should not be construed as a lessening of commitment to the overseas contractor community, but a response to mandated downsizing and budget reduction initiatives within the federal government.

    The mailing address and other particulars for the San Diego Industrial Security Field Office are as follows:

  9. Availability of Briefing for User Agencies

    A complete briefing package intended for User Agency contracting and program office personnel is available through your local DIS industrial security field element. The intent of this presentation package is to familiarize User Agency personnel with the mission of DIS, provide an overview of the industrial security program and to address industrial security issues relating to the contracting community such as facility and personnel clearance requirements and the preparation of DD Forms 254. If you would like to receive this presentation, contact your local DIS Industrial Security Field Office, resident office or region headquarters for details (addresses and telephone numbers of the regional offices are listed in Appendix A of the NISPOM, or call Dick Kraighman at DIS Headquarters at (703) 325-9452).

  10. "Catch-em in Conus" Program

    With the widespread deployment of cleared contractor personnel in support of US military forces overseas, it remains critical that FSO's attempt to identify and initiate clearance processing (or, as applicable, periodic reinvestigations) for employees in advance of the proposed date of assignment overseas. EPSQs or Standard Forms 86 submitted under these circumstances should include a statement that the subject is being assigned overseas, so that the requisite interviews of the employee in question can be conducted prior to departure. This "Catch-em in CONUS" Program has been around for many years, yet we continue to receive requests for clearances or periodic reinvestigations from contractors after the subject of the investigation has departed. Because U.S. military and State Department personnel who must conduct the overseas portion of the investigation are in short supply, the clearance or periodic reinvestigation of a subject living overseas can take many extra months to complete. Please help us to avoid these costly delays! Remember, "Catch-em in CONUS!"

  11. Employment termination when there is a pending clearance

    Frequently, an employee who terminates employment with one cleared contractor will immediately go to work for another cleared contractor. If the employee in question is in process for a personnel security clearance, DISCO will stop the investigation upon receipt of the termination notification. The investigation is then started anew when a request for clearance is received from the new facility. Obviously, stopping and starting investigations is wasteful and expensive and eventually slows down the entire clearance process. To prevent this from occurring, we request that if an employee leaves your facility while in process for a clearance, you ask the employee if he or she will be employed in a position that requires a clearance, and, if so, that you verify the requirement with the gaining facility. The name of the gaining facility and clearance level required should be entered into item 15, "REMARKS," DISCO Form 562.

  12. Q&A - Didclosure Authority and Need-to-Know for Non-Contract Related Visits

    Disclosure authority and need-to-know are related but separate issues. The Government agency that has jurisdiction over the information is responsible for determining whether there is a legitimate need for access to their classified information prior to providing disclosure authority. This is especially important when the Government agency does not have a contract with the company which will be having access. At the same time, the Government agency is not in a position to know if a specific individual from the recipient company has a need-to-know for the information that will be disclosed during the visit. Only the company making the disclosure can realistically make that determination.

    QUESTION: Does the disclosure authority issued by the Government for Non-Contract Related visits have to be in writing or can it be verbal?

    GUIDANCE: Written approval is required (paragraph 5-509(c), NISPOM). When written approval is impractical due to time constraints, a disclosure may be made with the verbal approval of the applicable contracting activity, provided such approval is subsequently confirmed in writing.

    QUESTION: Who determines what is "in furtherance of a contract?"

    GUIDANCE: The contractor is normally responsible for determining what is "in furtherance of the contract." If the written authority (DD Form 254 or other guidance) of one company to disclose classified information to another company is unclear, the government contracting activity that has jurisdiction over the classified information to be disclosed should be consulted in advance of the proposed disclosure to obtain advice and, if necessary, written permission to disclose.

    QUESTION: What is the intent of paragraph 6-109 in terms of need-to-know determinations?

    GUIDANCE: Paragraph 6-109 is simply a reiteration of general and long-standing disclosure and need-to-know rules within the context of classified visits. Additional disclosure authority is unnecessary in the case of a contract related visit. Both
    disclosure and need-to-know are relevant under non-contract related visits. A recipient must have a requirement for access to the program, project or contract. The need-to-know requirement applies equally to intra-company and inter-company releases. The person who intends to disclose classified information is, of course, responsible for determining whether the intended recipient is an "authorized person" for this purpose (i.e., has the appropriate clearance and need-to-know).

    QUESTION: With respect to meetings involving multiple contracts and attended by numerous companies, does the company making the disclosure have to request disclosure approval from all of the responsible Contracting Officers?

    GUIDANCE: No. The company making the disclosure may proceed based on disclosure authority from the Government Contracting Activity with the major interest in the meeting.

Deputy Director for Industrial Security