Marking sensitive compartmented information (SCI) is a critical process in the protection of national security. It is essential that SCI be properly marked and handled to ensure that it is only accessed by authorized individuals who have the appropriate security clearance and need-to-know. The guidance for marking SCI is complex and extensive but can be broken down into several key areas.
In this response, we will discuss the various guidance documents, policies, and procedures that govern the marking of SCI, as well as the requirements for marking and the consequences of mishandling SCI.
Guidance Documents for Marking SCI
There are several key guidance documents that provide instructions on how to properly mark SCI. These include Executive Orders, Department of Defense (DoD) regulations, and Intelligence Community (IC) policies. Below is an overview of some of the most important guidance documents related to marking SCI:
Executive Orders:
Executive Order (EO) 13526, “Classified National Security Information,” provides the overall framework for the classification, declassification, and handling of classified information. This EO outlines the different levels of classification, including Top Secret, Secret, and Confidential.
It also establishes the standards for protecting classified information, including the need-to-know principle and the requirement for security clearances.
“United States Intelligence Activities,” Executive Order 12333, offers instructions on how to gather, analyze, and disseminate intelligence data.
This EO establishes the different categories of SCI, including sensitive intelligence sources and methods (SIS), compartmented information (CI), and special access programs (SAP). It also sets the standards for the protection of SCI, including the requirement for marking, handling, and storage.
Department of Defense Regulations:
DoD Manual 5200.01, “Volume 1: DoD Information Security Program Overview, Classification, and Declassification,” provides the overarching guidance for the DoD Information Security Program. This manual establishes the requirements for the classification and protection of information, including SCI. It also provides specific guidance on the marking, handling, and storage of SCI.
DoD Manual 5205.07, “Special Access Program (SAP) Policy,” provides guidance on the establishment, management, and oversight of SAPs. This manual outlines the requirements for marking, handling, and safeguarding SCI associated with SAPs.
Intelligence Community Policies:
Intelligence Community Directive (ICD) 503, “Intelligence Community Information Technology Systems Security Risk Management,” provides guidance on the security of information technology systems used by the IC. This directive establishes the requirements for the marking, handling, and storing of SCI in these systems.
Intelligence Community Policy Guidance (ICPG) 704.3, “Protection of Sensitive Compartmented Information within Information Technology Systems,” provides guidance on the protection of SCI in IT systems. This policy outlines the requirements for marking, handling, and storing SCI in these systems.
Requirements for Marking SCI
The requirements for marking SCI are established in the guidance documents discussed above. The following are some of the key requirements for marking SCI:
Classification Markings:
All SCI must be marked with the appropriate classification level (i.e., Top Secret, Secret, or Confidential). The document’s cover or front page, as well as the top and bottom of each page, must all bear this classification marking.
Control Markings:
In addition to the classification marking, SCI must be marked with control markings that indicate the type of SCI and the specific compartments to which it is assigned. These control markings must be placed in the upper left-hand corner of each page of the document.
Portion Markings:
A document must be marked with portion markings to show which sections are classified and which are not if it contains both classified and unclassified information.
Portion markings must be placed at the beginning and end of each portion that contains classified information.
Handling Instructions:
SCI must be marked with handling instructions that indicate who is authorized to access the information and under what conditions. These handling instructions must be placed on the cover or front page of the document.
Derivative Markings:
If a document is derived from another classified document, it must be marked with the same classification level and control markings as the original document. It must also be marked with a derivative marking that indicates the source of the information.
Foreign Government Information:
If SCI contains information that originated from a foreign government or organization, it must be marked with the appropriate foreign government information (FGI) marking. These markings indicate the level of sensitivity of the FGI and the conditions under which it may be shared with foreign governments.
Electronic Markings:
SCI that is stored or transmitted electronically must be marked with the appropriate classification, control, and handling markings. These markings must be embedded in the electronic document or transmitted along with the document.
Consequences of Mishandling SCI
Mishandling SCI can have serious consequences for national security. The unauthorized disclosure of SCI can compromise intelligence sources and methods, jeopardize ongoing operations, and harm national security interests.
It can also violate laws and regulations related to the protection of classified information. The following are some of the consequences that can result from the mishandling of SCI:
Disciplinary Action:
SCI abusers may face disciplinary measures, such as suspension, the loss of security clearances, and termination of employment.
Criminal Charges:
The unauthorized disclosure of SCI can be a criminal offense under the Espionage Act or other federal statutes. Individuals who disclose SCI without authorization can be subject to criminal prosecution and imprisonment.
Damage Assessment:
If SCI is disclosed or compromised, a damage assessment may be required to determine the extent of the damage and the potential harm to national security interests. This assessment can be time-consuming and expensive.
Loss of Trust:
The mishandling of SCI can damage the trust and confidence that the government has in an individual or organization. This loss of trust can have long-lasting consequences for an individual’s career or an organization’s reputation.
Conclusion
Marking sensitive compartmented information is a critical process in the protection of national security. It is essential that SCI be properly marked and handled to ensure that it is only accessed by authorized individuals who have the appropriate security clearance and need-to-know.
The guidance for marking SCI is complex and extensive and is governed by a variety of documents, policies, and procedures. The requirements for marking SCI include classification markings, control markings, portion markings, handling instructions, derivative markings, FGI markings, and electronic markings.
The consequences of mishandling SCI can be severe and can include disciplinary action, criminal charges, damage assessment, and loss of trust. It is important for individuals and organizations that handle SCI to understand the requirements for marking and handling this information and to take the necessary steps to protect it from unauthorized disclosure or compromise.
