Surveillance Act Regarding Business Records Associated with Foreign Intelligence
When dealing with Controlled Unclassified Information (CUI) related to foreign intelligence investigations, marked with CUI//SP-FISAB (Special Access Program – Foreign Intelligence Sensitive Access Briefing), you'll need to follow specific guidelines to access and handle these sensitive documents.
Understanding the Category
CUI//SP-FISAB designates information that is part of a Special Access Program (SAP) related to foreign intelligence investigations. This information is sensitive but not classified at higher levels, such as Confidential, Secret, or Top Secret. Nevertheless, it requires strict access controls to protect it.
Identifying Governing Agencies and Programs
Foreign intelligence investigation records under this designation are typically held by U.S. intelligence agencies like the CIA, NSA, FBI (especially their Counterintelligence Divisions), or the Department of Defense’s DIA. These records are part of restricted programs requiring special access permissions.
Access Requirements and Clearance
Access to CUI//SP-FISAB documents usually requires a corresponding security clearance and a “need to know” within the appropriate SAP. You must obtain permissions through official channels, such as your agency’s SAP Program Security Officer.
Finding Documents – Steps to Follow
Internal Agency Requests
Submit requests through your agency’s Records Management or SAP security office for access to pertinent investigation records.
Freedom of Information Act (FOIA) Requests
While FOIA may not yield much information on CUI//SP-FISAB due to sensitivities, it can be attempted where applicable. Knowing the agency and approximate dates or case numbers can increase your chances.
Consult the CUI Registry
The National Archives maintains a CUI Registry that describes handling instructions and the nature of such categories, which can help clarify who controls the material.
Coordinate with Security or SAP personnel
They can direct you to the correct SAP custodian or archives for the specific foreign intelligence investigation records.
If You Are Not an Insider (No clearance)
Access is highly restricted; generally, source documents in this category are not publicly available due to national security concerns. You can try contacting the agency’s Public Affairs or FOIA office for any declassified or sanitized information summaries.
Summary
- Identify the agency and SAP program responsible for the foreign intelligence investigation.
- Obtain necessary security clearances and SAP access authority.
- Submit internal requests through proper channels (SAP security officer, records management).
- FOIA requests can be made, with low likelihood of success for sensitive SAP records.
- Consult CUI Registry and agency-specific guidelines for more information on handling and access.
If you represent an agency or are part of a cleared contractor team, your Security Office or SAP Program Manager is critical in guiding you to the correct source documents. If you are an external researcher or private individual, access is extremely limited and mostly not possible.
It's essential to note that the discussed source documents are used in the context of intelligence gathering and that a specific Safeguarding and/or Dissemination Authority for locating source documents is 50 USC 1861(d). The items discussed are not limited to physical objects but could also include digital records. The category marking for these items is FISAB, and the marking CUI//SP-FISAB indicates a Specified level of Safeguarding and/or Dissemination Authority. The items discussed are produced for an investigation.
- In the realm of foreign intelligence investigations, access to sensitive information designated as CUI//SP-FISAB, which is part of a Special Access Program (SAP), is often tied to the business of finance due to the potential connections between financial transactions and national security concerns.
- When conducting research or work related to foreign intelligence investigations, it's important to recognize that the primary business entities responsible for managing such information are U.S. intelligence agencies, including the CIA, NSA, FBI (Counterintelligence Divisions), and the Department of Defense’s DIA.
