AR 380-5 Chapter VII Access, Dissemination, and Accountability

AR 380-5 Section 1 Access AR 380-5 7-100. Policy a. Except as otherwise provided for in subsection 7-101, no person may have access to classified information unless that person has been determined to be trustworthy and unless access is essential to the accomplishment of lawful and authorized Government purposes, that is, the person has the appropriate security clearance and a need-to-know. Further, cleared personnel may not have access until they have been given an initial security briefing (see subsection 10-102). Procedures shall be established by the head of each DoD Component to prevent unnecessary access to classified information. There shall be a demonstrable need for access to classified information before a request for a personnel security clearance can be initiated. The number of people cleared and granted access to classified information shall be maintained at the minimum number that is consistent with operational requirements and needs. No one has a right to have access to classified information solely by virtue of rank or position. The final responsibility for determining whether an individual's official duties require possession of or access to any element or item of classified information, and whether the individual has been granted the appropriate security clearance by proper authority, rests upon the individual who has authorized possession, knowledge, or control of the information and not upon the prospective recipient. These principles are equally applicable if the prospective recipient is a DoD Component, including commands and activities, other federal agencies, DoD contractors, foreign governments, and others. b. Because of the extreme importance to the national security of Top Secret information and information controlled within approved Special Access Programs, employees shall not be permitted to work alone in areas where such information is in use or stored and accessible by those employees. This general policy is an extra safeguarding measure for the nation's most vital classified information and it is not intended to cast doubt on the integrity of DoD employees. The policy does not apply in those situations where one employee with access is left alone for brief periods during normal duty hours. When compelling operational requirements indicate the need, DoD Component heads may waive this requirement in specific, limited cases. This waiver authority may be delegated to the senior official (subsections 13-301 and 13-302) of the DoD Component who may redelegate the authority but only if so authorized by the head of the DoD Component. (Any waiver should include provisions for periodically ensuring the health and welfare of individuals left alone in vaults or secure areas.) 1. Each MACOM commander and Headquarters agency head is responsible for ensuring that the spirit and intent of the two- person integrity rule is met within his or her organization. The Secretary of the Army, Under Secretary, Assistant Secretaries of the Army, the Chief of Staff, Vice Chief of Staff, the Director of the Army Staff, and the heads of MACOMs and Army Headquarters agencies may selectively waive the requirement when deemed necessary for mission accomplishment. This authority may not be further delegated. 2. Waiver requests will be considered on an individual basis, and must be approved personally, and in writing, by an appropriate official. Security managers will retain records of approved waivers for reporting purposes. Two kinds of waivers should be considered-either permanent or temporary: (a) Permanent. The personal approval of an official listed in subparagraph 1, above, is required to waive the two-person integrity rule permanently in offices or other areas where the rule simply cannot be applied, where alternative means and procedures cannot be used, and if the circumstances causing the request for waiver will not change in the foreseeable future. A copy of each approved permanent waiver will be forwarded to HQDA (DAMI-CIS) WASH DC 20310-1051. (b) Temporary. In last-minute, emergency situations, the two- person integrity requirement may be temporarily waived by any general officer. Temporary waivers apply only to a particular instance, last minute requirement, or short-duration assignment involving work on Special Access Program or Top Secret information by a single individual. Repeated requests for temporary waiver of the rule from the same individual or office may indicate that a permanent waiver is appropriate. The security manager will retain records of all temporary waivers granted by authorized officials. For reporting purposes, DAMI-CIS may periodically ask activities to provide the number of temporary waivers granted. AR 380-5 7-101. Access by persons outside the Executive Branch Classified information may be made available to individuals or agencies outside the Executive Branch provided that such information is necessary for performance of a function from which the Government will derive a benefit or advantage, and that such release is not prohibited by the originating department or agency. Heads of DoD Components shall designate appropriate officials to determine, before the release of classified information, the propriety of such action in the interest of national security and assurance of the recipient's trustworthiness and need-to-know. MACOM commanders, original Top Secret classification authorities, and officials they designate will make these determinations. a. Congress. Access to classified information or material by Congress, its committees, members, and staff representatives shall be in accordance with DoD Directive 5400.4 (reference (mm)). Any DoD employee testifying before a congressional committee in executive session in relation to a classified matter shall obtain the assurance of the committee that individuals present have a security clearance commensurate with the highest classification of the information that may be discussed. Members of Congress, by virtue of their elected positions, are not investigated or cleared by the Department of Defense. 1. U.S. Army activities may make information available to the Congress in confidence and in executive or closed sessions of committees to enable the Congress to perform its functions. U.S. Army activities not part of joint or combined commands will contact the Chief of Legislative Liaison (CLL), Office of the Secretary of the Army, WASH DC 20310-1600, for necessary guidance and assistance. 2. A person presenting oral testimony will advise the congressional committee of the classification of the information presented and of the need for protecting the national security. If the committee requests defense information that the witness does not know and must furnish later in writing, or if the committee needs only a specific part of the testimony in writing, the written material must bear the correct classification markings. Receipts will be obtained. 3. National security information requested by a congressional committee through a member of the committee or a professional staff member may be furnished when needed for the performance of official committee functions. As necessary, Army personnel will contact OCLL for guidance and assistance. National security information originated in an agency other than Army, but in Army custody, will not be released without the consent of the originating agency. All material furnished must bear correct classification markings. Receipts will be obtained. 4. National security information will be given to any member of the Congress who requests it in writing. The rules in paragraph 3, above, apply. 5. When members and staff of the Congress and congressional committees visit military installations, commanders may release national security information to them. The following procedures apply: (a) The Secretary of the Army, through the OCLL, will authorize information to be released to committees of the Congress traveling under Army sponsorship. (b) The sponsoring service will decide how much information is to be released to those traveling under the sponsorship of the other military services. (c) If time permits, clearances will be obtained by message from the HQDA OCLL before releasing national security information to those not traveling under the sponsorship of the military services. When time does not allow, a commander may decide how much information to release. (d) When a question arises on whether to release certain national security information to a member of the Congress or a congressional committee, no final refusal will be made until the case is submitted to the Secretary of the Army through the HQDA OCLL. b. Government Printing Office (GPO). Documents and material of all classifications may be processed by the GPO, which protects the information in accordance with the DoD/GPO Security Agreement of February 20, 1981. c. Representatives of the General Accounting Office (GAO). Representatives of the GAO may be granted access to classified information originated by and in possession of the Department of Defense when such information is relevant to the performance of the statutory responsibilities of that office, as set forth in DoD Directive 7650.1 (reference (nn)). Officials of the GAO, as designated in Appendix B, are authorized to certify security clearances, and the basis therefor. Certifications will be made by these officials pursuant to arrangements with the DoD Component concerned. Personal recognition or presentation of official GAO credential cards are acceptable for identification purposes. d. Industrial, educational, and commercial entities. 1. Bidders, contractors, grantees, educational, scientific or industrial organizations may have access to classified information only when such access is essential to a function that is necessary in the interest of the national security, and the recipients are cleared in accordance with DoD 5220.22-R (reference (e)). 2. Contractor employees whose duties do not require access to classified information are not eligible for personnel security clearance and cannot be investigated under the DISP. In exceptional situations, when a military command is vulnerable to sabotage and its mission is of critical importance to national security, National Agency Checks may be conducted for suitability purposes on such individuals with the approval of the DUSD(P). The DCSINT is the DA designee for this purpose. Completely justified requests will be forwarded through command channels to HQDA (DAMI-CIS) WASH DC 20310-1051 in accordance with paragraph 3-601, AR 604-5 (reference (ll)). e. Historical researchers. Persons outside the Executive Branch who are engaged in historical research projects may be authorized access to classified information provided that an authorized official within the DoD Component with classification jurisdiction over the information: 1. Makes a written determination that such access is clearly consistent with the interests of national security in view of the intended use of the material to which access is granted by certifying that the requester has been found to be trustworthy pursuant to paragraph 7-100 a.; 2. Limits such access to specific categories of information over which that DoD Component has classification jurisdiction and to any other category of information for which the researcher obtains the written consent of a DoD Component or non-DoD department or agency that has classification jurisdiction over information contained in or revealed by documents within the scope of the proposed historical research; 3. Maintains custody of the classified material at a DoD installation or activity or authorizes access to documents in the custody of the NARS; 4. Obtains the researcher's agreement to safeguard the information and to submit any notes and manuscript for review by all DoD Components or non-DoD departments or agencies with classification jurisdiction for a determination that no classified information is contained therein by execution of a statement entitled, ""Conditions Governing Access to Official Records for Historical Research Purposes''; and 5. Issues an authorization for access valid for not more than 2 years from the date of issuance that may be renewed under regulations of the issuing DoD Component. 6. Classified Army historical records and files normally contain material over which the Army does not possess final and exclusive classification authority. In most cases, the proponent agencies for these materials do not grant unofficial historical access to them, and the Army respects these conditions. Consequently, unofficial historical researchers will not be granted access to such Army files unless the researcher presents evidence of clearance for access by all other asset holders and concerned proponents. The Chief of Military History, however, will review individual Army classified documents for declassification when requested by researchers. Custodians of classified files in U.S. Army records centers, records holding areas, libraries, collections, archives, institutions, and other repositories will establish similar procedures for files under their control. f. Former presidential appointees. Persons who previously occupied policy making positions to which they were appointed by the President may not remove classified information upon departure from office as all such material must remain under the security control of the U.S. Government. Such persons may be authorized access to classified information that they originated, received, reviewed, signed, or that was addressed to them while serving as such an appointee, provided that an authorized official within the DoD Component with classification jurisdiction for such information: 1. Makes a written determination that such access is clearly consistent with the interests of national security in view of the intended use of the material to which access is granted and by certifying that the requester has been found to be trustworthy pursuant to paragraph 7-100 a.h 7-100 a.; 2. Limits such access to specific categories of information over which that DoD Component has classification jurisdiction and to any other category of information for which the former appointee obtains the written consent of a DoD Component or non-DoD department or agency that has classification jurisdiction over information contained in or revealed by documents with the scope of the proposed access; 3. Retains custody of the classified material at a DoD installation or activity or authorizes access to documents in the custody of the National Archives and Records Service; and 4. Obtains the former presidential appointee's agreement to safeguard the information and to submit any notes and manuscript for review by all DoD Components or non-DoD departments or agencies with classification jurisdiction for a determination that no classified information is contained therein. g. Judicial proceedings. DoD Directive 5405.2 (reference (iii)) governs the release of classified information in litigation. h. Reserve Officers' Training Corps (ROTC). Confidential information may be released to cleared U.S. national members who are of the ROTC if the commanding general of the ROTC region or higher authority deems it necessary. The individuals making the final release of classified material will ensure that- 1. The material is marked and transmitted properly. 2. The recipient has the facilities for, and is aware of the requirements for, safeguarding, handling, storing, and destroying the material. AR 380-5 7-102. Access by foreign nationals, foreign governments, and international organizations a. Classified information may be released to foreign nationals, foreign governments, and international organizations only when authorized under the provisions of the National Disclosure Policy and DoD Directive 5230.11 (reference (oo) and AR 380-10 (reference (uuu)); and b. Access to COMSEC information by foreign persons and activities shall be in accordance with policy issuances of the National Telecommunications and Information Systems Security Committee (NTISSC). (Refer to AR 380-40 (reference (uuu).) AR 380-5 7-103. Other situations When necessary in the interests of national security, heads of DoD Components, or their single designee, may authorize access by persons outside the federal government, other than those enumerated in subsections 7-101 and 7-102, to classified information upon determining that the recipient is trustworthy for the purpose of accomplishing a national security objective; and that the recipient can and will safeguard the information from unauthorized disclosure. The DCSINT is the Army designee for this purpose. Completely justified requests will be forwarded through command channels to HQDA (DAMI-CIS) WASH DC 20310-1051. AR 380-5 7-104. Access required by other Executive Branch investigative and law enforcement agents a. Normally, investigative agents of other departments or agencies may obtain access to DoD information through established liaison or investigative channels. b. When the urgency or delicacy of a Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), or Secret Service investigation precludes use of established liaison or investigative channels, FBI, DEA, or Secret Service agents may obtain access to DoD information as required. However, this information shall be protected as required by its classification. Before any public release of the information so obtained the approval of the head of the activity or higher authority shall be obtained. AR 380-5 7-105. Access by visitors Procedures shall be established to control access to classified information by visitors. (DoD Instruction 5230.20 (reference (aaa)) provides further guidance regarding foreign visitors.) a. Except when a continuing, frequent working relationship is established, through which current security clearance and need-to- know are determined, DoD personnel visiting other activities of the Department of Defense, its contractors, and other agencies shall provide advance notification of the pending visit that establishes the visitor's security clearance and the purpose of the visit. Visit requests shall be signed by an official other than the visitor who is in a position to verify the visitor's security clearance. b. Visit requests normally should include the following: 1. Full name, date and place of birth, social security number, and rank or grade of visitor; 2. Security clearance of the visitor; 3. Employing activity of the visitor; 4. Name and address of activity to be visited; 5. Date and duration of proposed visit; 6. Purpose of visit in sufficient detail to establish need-to- know; and 7. Names of persons to be contacted. c. Visit requests may remain valid for not more than 1 year. AR 380-5 7-106. Student officers attending civilian institutions and faculty members of civilian institutions a. Classified collateral information, Secret and below, may be released to student officers and faculty members of civilian institutions who have been granted a clearance under AR 604-5 (reference (ll)). Release of classified material will be made to the Professor of Military Science (PMS) at the institution. Only the PMS will release classified material to the student or faculty member under proper receipt, handling, and storage requirements. b. All requests for classified material will be made in writing through the PMS. The PMS in turn will forward the request through the U.S. Army agency sponsoring the officer's attendance at the institution to the DA agency having primary interest in the material. If the institution has no PMS, the closest Army installation commander or senior Army instructor, as determined by the student officer's sponsoring agency, will handle the request. Requests must be for specific documents; blanket requests for classified files will be denied. c. A thesis containing information taken from classified material will reflect the classification of the source document, as well as the source's downgrading/declassification instructions, and portion markings required by this regulation. d. Before any classified thesis is submitted to a board of review, the PMS will ensure that members of the board have been cleared. The thesis will be delivered and retrieved by the PMS. If this is impractical, the registrar of the institution may be made a member of the board and will secure the thesis. Secretarial notes and related drafts will be disposed of as classified waste. e. A student may prepare an abridged version of the thesis with no classified information for inclusion in the open files of the institution. Authorization by the student and the PMS is required for release of the open files. AR 380-5 Section 2 Dissemination AR 380-5 7-200. Policy DoD Components shall establish procedures consistent with this Regulation for the dissemination of classified material. A positive, realistic application of need-to-know and security clearance in allowing access to classified information should be followed to further, not hamper, military operations. Increased security risks dictate that need-to-know and clearance receive command consideration before classified material is transmitted to addressees located in hazardous or unfriendly areas. The originating official or activity may prescribe specific restrictions on dissemination of classified information when necessary. (See subsection 4-505.) AR 380-5 7-201. Restraints on special access requirements Special requirements with respect to access, distribution, and protection of classified information shall require prior approval in accordance with Chapter XII. AR 380-5 7-202. Information originating in a non-DoD department or agency Except under rules established by the Secretary of Defense, or as provided by Section 102 of the National Security Act (reference (pp)), classified information originating in a department or agency other than Department of Defense shall not be disseminated outside the Department of Defense without the consent of the originating department or agency. AR 380-5 7-203. Foreign intelligence information Dissemination of foreign intelligence information shall be in accordance with the provisions of DoD Instruction 5230.22 (AR 381-1) (reference (u)) and DoD Directive C-5230.23 (reference (zz)). AR 380-5 7-204. Restricted Data and Formerly Restricted Data Information bearing the warning notices prescribed in subsection 4-501 and 4-502 shall not be disseminated outside authorized channels without the consent of the originator. Access to and dissemination of Restricted Data by DoD personnel shall be subject to DoD Directive 5210.2 (reference (y)). AR 380-5 7-205. NATO information Classified information originated by NATO shall be safeguarded in accordance with DoD Directive 5100.55 (reference (z)). AR 380-5 7-206. COMSEC information COMSEC information shall be disseminated in accordance with NACSI 4005 (reference (v)) and implementing instructions. a. JCS Information. Classified JCS information will be handled as prescribed in Chapter XV, Safeguarding JCS Papers. AR 380-5 7-207. Dissemination of Top Secret information a. Top Secret information, originated within the Department of Defense, may not be disseminated outside the Department of Defense without the consent of the originating DoD Component, or higher authority. As an exception, information may be given out if operational necessity dictates that it be expeditiously given to non-DoD agencies, such as collocated representatives of other elements of the Executive Branch. b. Top Secret information, whenever segregable from classified portions bearing lower classifications, shall be distributed separately unless this would be impractical. c. Standing distribution requirements for Top Secret information and materials, such as distribution lists, shall be reviewed at least annually to verify the recipients' need-to-know. Army proponents for Top Secret materials containing an automatic distribution list will obtain annual reverification in writing from recipients certifying a continuing need for the information. Activities that do not respond to a request for need-to-know reverification will be deleted from that Top Secret distribution list. AR 380-5 7-208. Dissemination of Secret and Confidential information a. Secret and Confidential information, originated within the Department of Defense, may be disseminated within the Executive Branch, unless prohibited by the originator. (See subsection 4-505.) b. Standing distribution requirements for Secret and Confidential information and materials, such as distribution lists, shall be reviewed at least annually to verify the recipients' need-to-know. Army proponents for Secret and Confidential documents containing a standard distribution list will obtain annual reverification in writing from document recipients certifying their continuing need for the information. Activities that do not respond to a request for need-to-know reverification will be deleted from that Secret or Confidential document distribution list. AR 380-5 7-209. Code words, nicknames, and exercise terms The use of code words, nicknames, and exercise terms is subject to the provisions of Chapter XII and Appendix C. AR 380-5 7-210. Scientific and technical meetings Use of classified information in scientific and technical meetings is subject to the provisions of DoD Directive 5200.12 (reference (ii)). AR 380-5 Section 3 Accountability and Control AR 380-5 7-300. Top Secret information DoD activities shall establish the following procedures: a. Control Officers. Top Secret Control Officers (TSCOs) and alternates shall be designated within offices to be responsible for receiving, dispatching, and maintaining accountability registers of Top Secret documents. Such individuals shall be selected on the basis of experience and reliability, and must already possess a minimum grade of GS-07 or rank of E-7 or SFC, and shall have Top Secret security clearances. TSCOs need not be appointed in those instances where there is no likelihood of processing Top Secret documentation. (In such circumstances, Army activity security managers should record the fact that a TSCO has not been appointed.) TSCOs or their alternates will- 1. Maintain access to a current record of each person within the activity, command, office, or element who is cleared for, and has been authorized access to, Top Secret information. 2. Maintain a current, accurate system of accountability within the activity for all Top Secret material. 3. Ensure that TSCOs and alternates are cleared of accountability for Top Secret material when relieved of their responsibilities. 4. Maintain the lowest number of Top Secret documents possible consistent with current requirements. Destroy nonrecord and reading file copies as soon as practicable. Ensure an annual review of all record copies of Top Secret documents for possible destruction, downgrading, declassification, or retirement. 5. Conduct a monthly 10-percent inventory of Top Secret documents to ensure, by the tenth month, a 100-percent reconciliation of all documents or material on hand with those listed in the Top Secret accountability register. b. Accountability 1. Top Secret registers. Top Secret accountability registers shall be maintained by each office originating or receiving Top Secret information. Such registers shall be retained for 2 years and shall, as a minimum, reflect the following: (a) Sufficient information to identify adequately the Top Secret document or material to include the title or appropriate short title, date of the document, and identification of the originator; (b) The date the document or material was received; (c) The number of copies received or later reproduced; and (d) The disposition of the Top Secret document or material and all copies of such documents or material. (e) Identification of documents on DA Form 455 (Mail and Document Register) or a suitable substitute record. TSCOs will record the receipt, dispatch, downgrading, source, movement from one office to another, destruction, and current custodian of all Top Secret material for which they are responsible. DA Form 3964 (Classified Document Accountability Record) may be used as a single-entry register. These forms will also be used in subordinate elements to show the receipt, dispatch, downgrading, or destruction of all Top Secret material. 2. Serialization and copy numbering. Top Secret documents and material shall be numbered serially. In addition, each Top Secret document shall be marked to indicate its copy number, for example, copy -1- of -2-copies. Top Secret documents will be numbered in sequence as they are received in a calendar year series. This number will be posted to the document and control register. Changes to controlled documents will be assigned the same control number as the basic document, except that a suffix (such as ""Change 4'') will be added. The change will be incorporated immediately into the basic document; a notation will be added to the description block on the document register. 3. Disclosure records. Each Top Secret document or item of material shall have appended to it a Top Secret disclosure record. The name and title of all individuals, including stenographic and clerical personnel to whom information in such documents and materials has been disclosed, and the date of such disclosure, shall be recorded thereon. Disclosures to individuals who may have had access to containers in which Top Secret information is stored, or who regularly handle a large volume of such information need not be so recorded. Such individuals, when identified on a roster, are deemed to have had access to such information. Disclosure records shall be retained for 2 years after the documents or materials are transferred, downgraded, or destroyed. (a) DA Form 969 will be used to record the required disclosure accounting. This form will be attached to the first page or cover of the document under the Top Secret Cover Sheet (SF 703). DA Form 969 will be maintained as follows: (1) The Top Secret documents attached will be clearly and completely identified. (2) The names of persons granted access to the document and the date of initial access will be legibly recorded (typed or neatly printed). (b) When a Top Secret document is transferred outside the office of origin, the DA Form 969 will be filed with the record copy. (c) When a Top Secret document is received within an agency or command, the form will be prepared and attached to the document. When a document is dispatched, destroyed, or transferred, the form will be detached and filed in the office of record for 2 years. (d) When an addressee distributes to subordinate commands or other agencies copies of, or Top Secret extracts from, a Top Secret document, a record of the additional distribution will be kept with the form. (1) The person having physical custody of the document is responsible for recording the names of those who have access. (2) If release is approved outside Army, or to a foreign government, the name of the receiving organization will be recorded on the DA Form 969 maintained by the lender. c. Inventories. All Top Secret documents and material shall be inventoried at least once annually. Within Army, TSCOs will conduct a monthly 10-percent inventory of Top Secret documents. The inventory shall reconcile by the tenth month, the Top Secret accountability register with 100 percent of the Top Secret documents or material on hand. At such time, each document or material shall be examined for completeness. DoD Component senior officials (subsections 13-301 and 13-302) may authorize the annual inventory of Top Secret documents and material in repositories, libraries, or activities that store large volumes of Top Secret documents or material to be limited to documents and material to which access has been granted within the past year, and 10 percent of the remaining inventory. If a storage system contains large volumes of information and security measures are adequate to prevent access by unauthorized persons, a request for waiver of the annual inventory requirement accompanied by full justification may be submitted through HQDA (DAMI-CIS) WASH DC 20310-1051 to the DUSD(P). 1. A 10-percent physical inventory of all Top Secret material in Army custody will be conducted each month so as to complete a 100- percent inventory on or about 1 April each year. The TSCO will conduct the inventories. A properly cleared official with neither personal nor supervisory responsibility for the documents will witness the 10-percent inventory report each month. Each monthly inventory will consist of a physical sighting of the material or written evidence of authorized disposition, such as certificate of destruction or transfer receipt. Discrepancies found during the monthly inventory will be resolved immediately. Monthly inventory reports will be filed under AR 340-2 (reference (mmm)) or AR 340-18 series. 2. Limited physical inventories (10 percent or less of total amount of Top Secret material on hand) may be authorized by MACOM commanders and heads of Army Headquarters agencies. d. Retention. Top Secret information shall be retained only to the extent necessary to satisfy current requirements. Custodians shall destroy nonrecord copies of Top Secret documents when no longer needed. Record copies of documents that cannot be destroyed shall be reevaluated and, when appropriate, downgraded, declassified, or retired to designated records centers. e. Receipts. Top Secret documents and material will be accounted for by a continuous chain of receipts. Receipts shall be maintained for 2 years. f. Transfer of accountability 1. Before leaving a command or agency, each TSCO or alternate will account by joint inventory for Top Secret documents and material for which he or she has custodial responsibility. The commander or head of the agency will prescribe appropriate procedures. Such joint inventories are required under the following circumstances: (a) On change of duty assignment within an office, activity, or installation. (b) On permanent change of station. (c) On temporary absence of more than 30 calendar days. (d) On separation from the military service or termination of employment with the Army. 2. Transfer of accountability will be by formal written procedure and will be approved by the commander or agency head, consistent with the accountability requirements in this regulation. One hundred percent of the Top Secret material in the custody of or charged to a person must be properly accounted for before the person is given a final clearance from a unit or installation. 3. On the death of a TSCO or alternate, or on hospitalization for more than 30 days, a commander will appoint an officer to conduct a complete inventory of Top Secret documents formerly in the individual's custody. This inventory should begin as soon as practicable. Written results of the inventory should be retained in the files of the local office of interest. AR 380-5 7-301. Secret information Administrative procedures shall be established by each DoD Component for controlling Secret information and material originated or received by an activity; distributed or routed to a sub-element of such activity; and disposed of by the activity by transfer of custody or destruction. The control system for Secret information must be determined by a practical balance of security and operating efficiency and must meet the following minimum requirements: a. It must provide a means to ensure that Secret material sent outside a major subordinate element (the activity) of the DoD Component concerned has been delivered to the intended recipient. Such delivery may be presumed where the material is sent electronically over secure voice or data circuits. Ensuring physical delivery may be accomplished by use of a receipt as provided in paragraph 8-202 b. or through hand-to-hand transfer when the receiving party acknowledges rcsponsibility for the Secret material. Army activities will use the DA Form 3964 as a means to verify an addressee's receipt of Secret material sent by mail outside the activity. Individuals handcarrying Secret material will obtain the recipient's verbal acknowledgement that the recipient will assume responsibility for the material. b. It must provide a record of receipt and dispatch of Secret material by each major subordinate element. The dispatch record requirement may be satisfied when the distribution of Secret material is evident from addressees or distribution lists for classified documentation. Records of receipt and dispatch are required regardless of the means used to ensure delivery of the material (see paragraph a., above). The DA Form 3964 returned by the recipient of a Secret document will serve as a record of receipt. The distribution lists for Secret documents will serve as dispatch records for the material. c. Records of receipt and dispatch for Secret material shall be retained for a minimum of 2 years. DA Forms 3964 and document distribution lists that serve as official records of receipt and dispatch (paragraphs a and b, above) will be retained for 2 years. AR 380-5 7-302. Confidential information Administrative controls shall be established to protect Confidential information received, originated, transmitted, or stored by an activity. Administrative controls for Confidential information beyond those prescribed by this regulation are prohibited. AR 380-5 7-303. Receipt of classified material Procedures shall be developed within DoD activities to protect incoming mail, bulk shipments, and items delivered by messenger until a determination is made whether classified information is contained therein. Screening points shall be established to limit access to classified information to cleared personnel. This protection is required only for material transmitted or transported by a means authorized for classified information as specified in chapter VIII of this regulation. It is recommended for other material whenever practicable. AR 380-5 7-304. Working papers a. Working papers are documents and material accumulated or created in the preparation of finished documents and material. Working papers recorded on diskettes or other word processing media are subject to the provisions of this paragraph (refer to AR 380-380 (reference (h)) for additional security requirements and procedures which apply to these items). Working papers containing classified information shall be: 1. Dated when created and marked to indicate they are working papers; 2. Marked with the highest classification of any information contained therein; 3. Protected in accordance with the assigned classification; 4. Destroyed when no longer needed; and 5. Accounted for, controlled, and marked in the manner prescribed for a finished document of the same classification when: (a) Released by the originator outside the activity or transmitted electrically or through message center channels within the activity (Army is an ""activity'' for purposes of this paragraph); (b) Retained more than 90 days from date of origin; (c) Filed permanently; or (d) Top Secret information is contained therein. b. Heads of DoD Components, or their single designees, may approve waivers of accountability, control, and marking requirements for working papers containing Top Secret information for activities within their Components on a case-by-case basis provided a determination is made that: 1. The conditions set forth in subparagraphs a. 5.(a), (b), or (c), above, will remain in effect; 2. The activity seeking a waiver routinely handles large volumes of Top Secret working papers and compliance with prescribed accountability, control, and marking requirements would have an adverse affect on the activity's mission or operations; and 3. Access to areas where Top Secret working papers are handled is restricted to personnel who have an appropriate level of clearance, and other safeguarding measures are adequate to preclude the possibility of unauthorized disclosure. c. In all cases in which a waiver is granted under b., above, the DUSD(P) shall be notified. Requests for waivers will be submitted through command channels to HQDA (DAMI-CIS), WASH DC 20310-1051. Requests must address the conditions specified in paragraph b, above. AR 380-5 7-305. Restraint on reproduction Except for the controlled initial distribution of information processed or received electrically or as provided by subsections 1-205 and 3-602, portions of documents and materials that contain Top Secret information shall not be reproduced without the consent of the originator or higher authority. Any stated prohibition against reproduction shall be observed strictly. (See subsection 4-505.) To the extent possible, DoD Components and individual Army activities shall establish classified reproduction facilities where only designated personnel can reproduce classified materials and institute key control systems for reproduction areas. Also, when possible, two people shall be involved in the reproduction process to help assure positive control and safeguarding of all copies. The following additional measures apply to reproduction equipment and to the reproduction of classified information: a. Copying of documents containing classified information shall be minimized; b. Officials authorized to approve the reproduction of Top Secret and Secret information shall be designated by position title and shall review the need for reproduction of classified documents and material with a view toward minimizing reproduction (commanders, agency heads, and activity heads will designate such officials. DA Form 3964, DD Form 844 (Requisition for Local Duplicating Service), or other substitute record may be used to indicate reproduction approval); c. Specific reproduction equipment shall be designated for the reproduction of classified information. Rules for reproduction of classified information shall be posted on or near the designated equipment (Information on hazards associated with various types of reproduction equipment may be obtained from the Chief, Intelligence Materiel Activity, ATTN: AMXIM-PS, Fort Meade, MD 20755-5313.); d. Notices prohibiting reproduction of classified information shall be posted on equipment used only for the reproduction of unclassified information; e. DoD Components shall ensure that equipment used for reproduction of classified information does not leave latent images in the equipment or on other material (reproduction equipment that leaves latent images on material within the equipment, such as intermediate paper rolls, may be used for reproduction of classified information only if the material can be properly safeguarded and disposed of as classified waste); f. All copies of classified documents reproduced for any purpose including those incorporated in a working paper are subject to the same controls prescribed for the document from which the reproduction is made; and g. Records shall be maintained for 2 years to show the number and distribution of reproduced copies of all Top Secret documents, of all classified documents covered by special access programs distributed outside the originating agency, and of all Secret and Confidential documents that are marked with special dissemination and reproduction limitations. (See subsection 4-505.)