[Code of Federal Regulations]

[Title 32, Volume 6]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 32CFR2800.4]



[Page 555-559]

 

                        TITLE 32-NATIONAL DEFENSE

 

    CHAPTER XXVIII--OFFICE OF THE VICE PRESIDENT OF THE UNITED STATES

 

PART 2800_SECURITY PROCEDURES--Table of Contents

 

Sec.  2800.4  General information.



    (a) Staff Security Officer/Top Secret Control Officer. A Vice 

Presidential Staff Security Officer and Assistant Staff Security Officer 

will be assigned to perform the duties as outlined in these regulations. 

They will normally be on the staff of the Assistant to the Vice 

President for National Security Affairs. The Staff Security Officer and 

Assistant Staff Security Officer will serve as Top Secret Control 

Officer and Assistant Top Secret Control Officer and custodians of 

classified material for the Office of the Vice President respectively, 

and will be responsible for the overall supervision of the Top Secret 

Control program. They will maintain positive control over the movement 

of all Top Secret material under their jurisdiction.

    (b) Custodian, Office of the Assistant to the Vice President for 

Congressional Relations. The Assistant to the Vice President for 

Congressional Relations, Office of the President of the Senate, will be 

designated as Custodian of classified material for that office. He will 

be responsible for compliance with the instructions contained herein. In 

this capacity, he will be charged with safeguarding classified material 

necessary to the operation of the office.

    (c) National Security Classifications. Classifications of National 

Security Information are defined in Executive Order 12065, sections 1-

102 through 1-104.

    (d) Prohibited Markings. (1) The caveats ``FOR OFFICIAL USE ONLY'' 

and ``ADMINISTRATIVELY RESTRICTED'' are used within the Office of the 

Vice President to designate certain unclassified information which 

requires control. These caveats will under no circumstances be applied 

to information which qualifies as classified information. Further, 

neither they nor other terms will be used in conjunction with the 

prescribed security classifications of CONFIDENTIAL, SECRET and TOP 

SECRET.

    (2) Unclassified information bearing either of the foregoing 

administrative designations cannot be protected from release under the 

national security exemption of the Freedom of Information Act (although 

other exemptions may be available).

    (e) Security Clearances. No person shall be given access to 

classified information or material unless a favorable background 

investigation has been



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completed determining that the individual is trustworthy and that access 

is necessary for the performance of official duties.

    (1) Security Clearance Procedures. (i) The Counsel to the Vice 

President will:

    (A) Be responsible for the processing of full field investigations 

for personnel assigned to the Vice President's staff. Department of 

Defense detailees are processed by the Defense Investigative Service.

    (B) Inform the Staff Security Office of individuals whose full field 

investigations have been satisfactorily completed and approved and of 

any subsequent changes.

    (C) Notify the Staff Security Office as soon as he/she is aware that 

a staff member is planning to terminate his/her employment.

    (ii) The Staff Security Office will provide newly cleared persons 

with a security orientation briefing covering policy and procedures for 

handling classified information and material. After the briefing 

individuals will sign a Statement of Understanding of Security 

Procedures (Attachment 1). This statement will be kept on file by the 

Staff Security Office.

    (iii) There is no such thing as an ``Interim Security Clearance'' 

for persons employed by or detailed to the Office of the Vice President. 

Under no circumstances will uncleared persons be given access to 

classified material. Access to classified material will be denied until 

the individual has had a satisfactorily completed background 

investigation, has received the security orientation briefing and signed 

the Statement of Understanding of Security Procedures.

    (iv) The Staff Security Office, as part of an individual's departure 

debriefing, will remind them of their continuing responsibilities to 

protect classified information to which they have had access during the 

performance of their official duties. After being debriefed, the 

individual will sign a Security Termination Statement acknowledging his 

responsibilities (Attachment 2).

    (2) Satisfactory completion of a background investigation does not 

in itself grant an individual access to classified information. 

Individual clearances for access to classified information or material 

will be controlled by the Staff Security Office and certified in writing 

on an individual basis.

    (f) Access to Classified Material. Each member of the staff who has 

custody or possession of classified information is responsible for 

providing the required degree of protection from unauthorized disclosure 

at all times.

    (1) Classified information and material will only be disclosed to an 

individual after it has been determined that the individual possesses 

the required clearance and has a valid ``need to know.'' Persons 

releasing the information shall be responsible in every case for 

determining the recipient's eligibility for access.

    (2) Access to Sensitive Compartmented Intelligence Information will 

be controlled by the Assistant to the Vice President for National 

Security Affairs.

    (g) Custody and safekeeping of Classified Material. (1) Classified 

material addressed to the Office of the Vice President will normally be 

delivered to and receipted for by the Staff Security Office where it 

will be entered into the classified material control system.

    (i) Staff members receiving classified material from any source by 

any means will personally deliver such material to the Staff Security 

Office for appropriate entry into the classified control system.

    (ii) Conversely, members of the staff desiring to transmit 

classified material will deliver the material to the Staff Security 

Office for handling in accordance with paragraph (h)(5) of this section.

    (2) Storage of Classified Material. (i) Classified material will be 

stored only in accordance with the provisions of ISOO Directive No. 1, 

paragraph IV-F-1 through 4.

    (ii) Filing of unclassified material in security containers is 

prohibited except where the unclassified material is an integral part of 

a file which contains classified material. If extenuating circumstances 

necessitate the use of a security container for storing only 

unclassified material, the container will be marked with a sign stating 

``This container is not used to store



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classified material'' or ``Do not store classified material in this 

container.''

    (3) Record of safe locations. The Staff Security Office will assign 

numbers to all security containers used to store classified material in 

the Office of the Vice President. A record of safe numbers, locations 

and date of last combination change will be maintained in the Staff 

Security Office.

    (4) Changing of lock combinations. Combinations of security 

containers will be changed by the Staff Security Office or the Secret 

Service. This service may be requested by contacting the Staff Security 

Office. Combinations will be changed in accordance with the provisions 

of ISOO Directive No. 1, paragraph IV-F-5.

    (5) Records of combinations. Records of combinations shall be 

maintained by the Staff Security Office. Whenever a combination is 

changed, the new combination and other required information will be 

recorded on GSA Optional Form 63. The sealed envelope will then be 

delivered to the Staff Security Office for retention in the vault safe.

    (6) Custodians. Each container used for storage of classified 

material within the Office of the Vice President will have assigned a 

primary and alternate custodian. Responsibility for security of these 

containers shall rest with those persons, and their names shall be 

affixed on the outside of the top drawer of each container positioned so 

as to be readily discernible. Optional Form 63 shall be used for this 

purpose.

    (h) Handling of Classified Material--(1) Use of cover sheets. A 

separate cover sheet indicating the classification of the material will 

be fastened to the top page of cover of each CONFIDENTIAL, SECRET or TOP 

SECRET document.

    (2) Unattended documents. Classified material will be under the 

direct supervision of a person with an appropriate security clearance 

and a verified need-to-know at all times when in use. Special care will 

be taken to insure that classified material is not left unsecured or 

unattended in an office.

    (3) Working papers. Working papers are documents, including drafts, 

photographs, etc., created to assist in the formulation and preparation 

of finished papers. Working papers containing classified information 

will be marked with the appropriate classification and provided the same 

degree of protection as that given to other documents of an equal 

category of classification.

    (4) Communications security. Classified information shall not be 

discussed over any voice communications device except as authorized over 

approved secure communications circuits. This restriction also applies 

to electrical transmission of classified material via any unsecure 

circuitry involving teletypes, DEX equipment or other systems of a like 

nature. Appropriate secure facilities for the discussion or transmittal 

of classified material may be arranged by contacting the Staff Security 

Office.

    (5) Transmittal of Classified Material--(i) Outside the Office of 

the Vice President and the White House Complex. The Staff Security 

Office is responsible for transmitting or transferring all classified 

material outside the Office of the Vice President and the White House 

Complex in accordance with the provisions of ISOO Directive No. 1, 

paragraphs I, G and H.

    (ii) Within the Office of the Vice President and the White House 

Complex. Transfer or movement of classified material will be 

accomplished only by properly cleared persons handcarrying the material 

to the recipient. The material shall be carried in an envelope marked 

with the appropriate classification. Use of see through messenger 

envelopes is not authorized. Recipients will sign a receipt (GSA 

Optional Form 112) for all material classified SECRET and TOP SECRET. 

Whenever TOP SECRET material is transferred, the Staff Security Office 

will be notified in order to maintain accurate accountability of the 

material. Classified material will never be delivered to an uncleared 

person, left in an unoccupied office, or sent through unclassified mail 

delivery/distribution systems.

    (iii) Staff members requiring the use of classified material at 

conferences or meetings held outside the Washington, DC Metropolitan 

area and who intend to use commercial transportation shall provide the 

material to the Staff Security Office far enough in advance to assure 

that the material will be available



[[Page 558]]



on or before the date needed. This requirement does not apply when 

utilizing government/military transportation. In this case, material may 

be handcarried. The Staff Security Office will brief each staff member 

prior to departure concerning security requirements or arrangements 

needed to safeguard the material while away from his office. For 

meetings or conferences within the Washington, DC Metropolitan area, 

members may handcarry classified material. Use of classified material 

during a conference or meeting requires increased awareness and 

precautionary handling to avoid security violations and/or compromises. 

Staff members using classified material during a meeting or conference 

are responsible for ensuring that the material is properly protected at 

all times, and that personnel present posses appropriate clearances for 

the material being presented.

    (iv) Visits to foreign countries. Special precautions must be taken 

when visiting foreign countries to ensure classified material is 

protected at all times. For all visits to foreign countries a member of 

the staff will be appointed as custodian for all classified material 

required for the success of the mission. This individual will be the 

holder of a diplomatic passport which exempts him from customs 

inspections. Individual so designated will coordinate with United States 

embassy personnel in the country to be visited for securing of 

classified material within the embassy compound or other appropriate 

secure area during the course of the visit.

    (6) Preparation and marking of Classified Material. All classified 

material originating within the office of the Vice President will be 

prepared and marked by properly authorized and cleared personnel in 

accordance with ISOO Directive No. 1, paragraphs I, G, and H. A sample 

letter is attached for your guidance (Attachment 3). Derivitive 

information will be prepared and classified in accordance with ISOO 

Directive No. 1, paragraphs II A through C. Questions concerning 

procedures should be directed to the Staff Security Office.

    (7) Reproduction of Classified Material. (i) Reproduction of 

classified material will be accomplished only by properly cleared 

persons.

    (ii) Reproduction of TOP SECRET material will be accomplished only 

by a member of the Staff Security Office or a designated representative 

of that office.

    (iii) Accountability of reproduced classified material will be 

maintained by informing the Staff Security Office of the reproduction of 

SECRET and TOP SECRET material, the number of copies reproduced and 

their disposition.

    (iv) Reproduction machines can retain the imagery of material passed 

through them. Therefore, to avoid inadvertent disclosure of classified 

information through subsequent use of machines, staff members will 

always run machines through four cycles (four blank pages) after the 

last page of the classified material has been reproduced. These pages 

will be destroyed in the same manner as classified material.

    (8) Destruction of Classified Material. (i) SECRET and TOP SECRET 

material will be given to the Staff Security Office for destruction to 

insure destruction is properly recorded and destroyed material is 

removed from the classified control system.

    (ii) CONFIDENTIAL material may be destroyed in the holder's office 

by tearing lengthwise and placing in a ``Burn Bag'' specifically 

designated for classified material.

    (iii) Classified waste material will be separated from other office 

waste material and placed in ``Burn Bags.'' Classified waste material 

includes working papers, notes, drafts of classified correspondence, 

carbon paper, typewriter ribbons and any other material containing 

information requiring destruction. ``Burn Bags'' will be collected daily 

by a member of the White House Executive Protective Service who will 

then dispose of the bags in a secure facility.

    (iv) Typewriter ribbons. Classified material can be reproduced from 

imprints on used typewriter ribbons. Therefore, ribbons which are used 

in the preparation of classified material must be safeguarded 

accordingly, i.e., they will



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be stored in a safe at the close of business, destroyed as classified 

waste when no longer serviceable, etc.

    (9) Inventories. The Staff Security Office will conduct inventories 

of all TOP SECRET material charged to the Office of the Vice President 

at least annually to determine the adequacy of control procedures and 

insure accountability.

    (i) Loss or compromise. Any person who has knowledge of loss of 

possible compromise of classified information shall promptly report the 

circumstances to the Staff Security Office for appropriate action in 

accordance with ISOO Directive No. 1, paragraph IV, H.

    (j) Penalties. Any individual breach of security may warrant 

penalties up to and including the separation of the individual from his 

employment or criminal prosecution.

    (k) Special access. Special access authority is required for release 

of Sensitive Compartmented Intelligence Information. The names of 

personnel cleared for access to this category of information are on file 

in the Staff Security Office.