LETTER TO HARRY E. FITZWATER FROM STEVEN GARFINKEL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85B01152R000100070066-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 22, 2016
• Document Release Date: July 28, 2008
• Sequence Number: 66
• Publication Date: September 13, 1983
• Content Type: LETTER

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Z5 'ices uversigni
Aug ninistration Office Wa.ninaton. DC 20405
September 13, 1983
Mr. Harry E. Fitzwater
Deputy Director for Administration
Central Intelligence Agency
Washington, DC 20505
Dear Mr. Fitzwater:
Executive Order 12356, "National Security Information," has been in effect for
over a year now. Under the Order, the Information Security Oversight Office
(ISOO) continues to monitor the government-wide information security program.
While much will depend upon an upcoming analysis of relevant statistical data,
ISOO's preliminary findings are that, on balance, it has been a very successful
year. We list the perceived strengths and weaknesses of the past year's effort
in an enclosure to this letter. This enclosure also addresses some other subjects
of interest.
We also enclose a copy of the new Standard Form 189, "Classified Information
Nondisclosure Agreement," and a copy of the final rule that implements its usage.
Agencies will use the SF 189 to fulfill the requirements of paragraph 1(a) of
National Security Decision Directive 84 (NSDD-84), entitled "Safeguarding National
Security Information," that the President issued on March 11, 1983. The Director
of Central Intelligence is issuing the Sensitive Compartmented Information Non-
disclosure Agreement mandated by paragraph 1(b) of NSDD-84. ISOO liaisons will
be contacting their agency counterparts in the next week or so to arrange
deliveries of initial stocks of the SF 189. You will be responsible for procuring
subsequent orders through regular channels. You must retain the completed forms
in a file system that will assure their expeditious recovery for the 50 year
retention period that ISOO is recommending to the Archivist of the United States
under the Records Disposal Act. (This retention period corresponds to the pre-
suined period of continuing national security sensitivity for certain intelligence
and cryptological information.) If you have any questions concerning the use
of the SF 189 that are not addressed in the final rule, please contact me or
your ISOO liaison as quickly as possible.
You and your staff, as the senior officials responsible for the information
security program, deserve much of the credit for the smooth transition under
E.O. 12356. We urge you to continue your commitment to achieving the critically
important objective of managing our legitimate security needs within the frame-
work of open government.
Sincerely,
STEVEN GARFINKEL
Director
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OBSERVATIONS AND REMINDERS
I. General Observations about the Pluses and Minuses for the First Year
of Executive Order 12356
1. The transition from E.0. 12065 to E.O. 12356 went very smoothly.
ISOO attributes this to two factors: the involvement and commitment of
program officials within the critical agencies, and the relative similarity
between the two information security systems in ordinary operations.
2. No legitimate "horror stories" have arisen to undermine the
revised information security system. Despite unparalleled scrutiny,
program managers have avoided the serious classification abuses predicted
by E.O. 12356's critics.
3. The positive impact of E.O. 12356's revisions is slowly but
surely being realized. Program managers have more flexibility in their
administration of the information security system. The burden of litigating
the "balancing test" is abating. Our allies are expressing greater confidence
in our ability to protect shared information.
1. There has been some indifference' among persons at the operating
level about the revised information security system. ISOO attributes this
largely to an understandable sense of frustration at the prospect of a
fourth operable Executive order on national security information within a
decade.
2. Despite an unprecedented effort to "get the word out" to
operating personnel about E.O. 12356, too many persons who work with
classified information remain unfamiliar with its requirements. Inaccurate
media accounts of the Order and the indifference mentioned above aggravate
this situation.
3. Too many documents are not being portion marked even though
they are transmitted outside the originating office and are used as sources
for derivative classification. In addition, too many documents that are
clearly sensitive for a determinable period of time are being marked
"OADR."
Ii. Reporting Unauthorized Disclosures to ISOO
Both E.O. 12356 and National Security Decision Directive 84 require that
agencies report instances of unauthorized disclosures of classified information
to ISOO. To date, there has been haphazard compliance with this reporting
requirement.
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ISOO does not investigate, "leaks," nor should it interfere in such investi-
gations. Its role is limited to determining if the unauthorized disclosure
resulted from a problem with the information security system itself, rather
than an instance of a person willfully deviating from prescribed standards.
Each agency should report to ISOO any unauthorized disclosure that appears
to involve a systemic problem as soon as the agency has completed its
preliminary inquiry. Each agency should ordinarily report any other
unauthorized disclosure to ISOO if and when the agency refers the matter
to the Department of Justice. However, an agency and ISOO may establish
alternative procedures for reporting unauthorized disclosures when such
arrangements enhance the protection of classified information. Please
contact the ISOO Director or your ISOO liaison if your agency wants to
establish alternative procedures for reporting unauthorized disclosures.
III. Statistical Reports Due by October 31, 1983
Each agency's Standard Form 311, "Agency Information Security Program
Data," for the reporting period August 1, 1982 through September 30, 1983,
is due at ISOO no later than October 31, 1983. It is very important that
you file your reports on time this year because of the great interest in
the data that reflect the first 14 months of E.O. 12356.
IV. Training Aids
ISOO's award-winning slide/tape 9r videocassette briefing on E.O. 12356 is
available now from the National Audiovisual E?enter and will shortly be
available from the Defense Audiovisual Agency. Please contact your ISOO
liaison for further information.
ISOO still has some copies of its booklet on Marking National Security
Information. In addition, ISOO is having another printing made of its
FY 82 Report to the President, which includes an essay on "The Background
of Executive Order 12356." This essay is intended to clear up a number of
misconceptions about the purposes behind the issuance of the new Order.
These are available upon request to your ISOO liaison.
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CLASSIFIEU INFORMATION NONDISCLOSURE A4REEMENT
An Agreement Between and the United States
(Name - Printed or Typed)
1. Intending to be legally bound, I hereby accept the obligations contained in this Agreement in consideration of my being granted access to classified
information. As used in this Agreement, classified information is information that is either classified or classifiable under the standards of Executive Order
12356, or under any other Executive order or statute that prohibits the unauthorized disclosure of information in the interest of national security. I
understand and accept that by being granted access to classified information, special confidence and trust shall be placed in me by the United States
Government.
2. I hereby acknowledge that I have received a security indoctrination concerning the nature and protection of classified information, including the pro-
cedures to be followed in ascertaining whether other persons to whom I contemplate disclosing this information have been approved for access to it, and
that I understand these procedures.
3. I have been advised and am aware that direct or indirect unauthorized disclosure, unauthorized retention, or negligent handling of classified informa-
tion by me could cause irreparable injury to the United States or could be used to advantage by a foreign nation. I hereby agree that I will never divulge
such information unless I have officially verified that the recipient has been properly authorized by the United States Government to receive it or I have
been given prior written notice of authorization from the United States Government Department or Agency (hereinafter Department or Agency) last
granting me a security clearance that such disclosure is permitted. I further understand that I am obligated to comply with laws and regulations that
prohibit the unauthorized disclosure of classified information.
4. I have been advised and am aware that any breach of this Agreement may result in the termination of any security clearances I hold; removal from any
position of special confidence and trust requiring such clearances; and the termination of my employment or other relationships with the Departments or
Agencies that granted my security clearance or clearances. In addition, I have been advised and am aware that any unauthorized disclosure of classified
information by me may constitute a violation or violations of United States criminal laws, including the provisions of Sections 641, 793, 794, 798, and
952, Title 18, United States Code, the provisions of Section 783(b), Title 50, United States Code, and the provisions of the Intelligence Identities Protec-
tion Act of 1982. I recognize that nothing in this Agreement constitutes a waiver by the United States of the right to prosecute me for any statutory
violation.
5. I hereby assign to the United States Governmental I royalties, remunerations, and emoluments that have resulted, will result or may result from any
disclosure, publication, or revelation not consistent with the terms of this Agreement.
6. I understand that the United States Government may seek any remedy available to it to enforce this Agreement including, but not limited to, applica-
tion for a court order prohibiting disclosure of information in breach of this Agreement.
7. I understand that all information to which I may obtain access by signing this Agreement is now and will forever remain the property of the United
States Government. I do not now, nor will I ever, possess any right, interest, title, or claim whatsoever to such information. I agree that I shall return all
materials which have, or may have, come into my possession or for which I am responsible because of such access, upon demand by an authorized repre-
sentative of the United States Government or upon the conclusion of my employment or other relationship with the Department or Agency that last
granted me a security clearance. If I do not return such materials upon request, I understand that this may be a violation of Section 793, Title 18, United
States Code, a United States criminal law.
8. Un!ess and until I am released in writing by an authorized representative of the United States Government, I understand that all conditions and obliga-
tions imposed upon me by this Agreement apply during the time I am granted access to classified information, and at all times thereafter.
9. Each provision of this Agreement is severable. If a court should find any provision of this Agreement to be unenforceable, all other provisions of this
Agreement shall remain in full force and effect.
10. I have read this Agreement carefully and my questions, if any, have been answered to my satisfaction, I acknowledge that the briefing officer has
made available to me Sections 641, 793, 794, 798, and 952 of Title 18, United States Code, Section 783(b) of Title 50, United States Code, the Intelli-
gence Identities Protection Act of 1982, and Executive Order 12356, so that I may read them at this time, if I so choose.
11. I make this Agreement without mental reservation or purpose of evasion.
SIGNATURE
The execution of this Agreement was witnessed by the undersigned, who, on behalf of the United States Govern-
ment, agreed to its terms and accepted it as a prior condition of authorizing access to classified information.
WITNESS AND ACCEPTANCE:
NOTICE: The Privacy Act, 5 U.S.C. 552a, requires that federal agencies Inform individuals, at the time Information Is solicited from them, whether the
disclosure is mandatory or voluntary, by what authority such information Is solicited, and what uses will be made of the information. You are hereby
advised that authority for soliciting your Social Security Account Number (SSN) is Executive Order 9397. Your SSN will be used to Identity you pre-
cl;ely when It Is necessary to 1) certify that you have access to the Information indicated above or 2) determine that your access to the information
indicated has terminated. Although disclosure of your SSN is not mandatory, your failure to do so may Impede the processing of such certifications or
determinations.
STANDARD FORM 189 (8-83)
Prescribed by GSA/ISOO
32CFR 2003: E.O. 12356
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Friday
September 9, 1983.
wmak
Part III
Information Security
Oversight Office
National Security Information; Standard
Forms; Final Rule
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Federal Register / . ol. 48, No. 176 / Friday, September 9, 1983 , .(ules and Regulations 40849
INFORMATION SECURITY OVERSIGHT
OFFICE
National Security Information;
Standard Forms
AGENCY: Information Security Oversight
Office (ISOO). -
ACTION: Final rule.
SUMMARY: This rule provides for the use
within the executive branch of standard
forms that pertain to national security
information. These forms are issued in
accordance with the provisions of
Section 5.2(b)(7) of Executive Order
12356.
EFFECTIVE DATE: September 9, 1983.
FOR FURTHER INFORMATION CONTACT:
Steven Garfinkel, Director, ISOO.
Telephone: [phone].
SUPPLEMENTARY INFORMATION: Section
5.2(b)(7) of Executive Order 12356
authorizes the Director of ISOO to
prescribe the use of standard forms that
will promote the implementation of the
government-wide information security
program. ISOO has developed these
forma in coordination with those
agencies that will be primarily affected
by them.
list of Subjects in 32 CFR Part 2003
Classified information, Executive
orders, Information, National security
information, Security information.
Title 32 of the Code of Federal
Regulations, Chapter XX, is amended by
adding a new Part 2003 to read as
follows: .
PART 2003-NATIONAL SECURITY `
INFORMATION-STANDARD FORMS
Sec.
2003.1 Purpose,
2003.2 Scope.
2003.3 Waivers.
2003.4 Availability.
Subpart B-Prescribed Forms
2003.20 Classified Information
Nondisclosure Agreement: SF 189.
Authority: Sec. 5.2(b)(7) of E.O. 12356.
Subpart A-General Provisions-
? 2003.1 Purpose.
The purpose of the standard forms
prescribed in Subpart B is to promote
the implementation of the government-
wide information security program.
Standard forms are prescribed when
their use will enhance the protection of
national security information and/or
will reduce the costs associated with its
protection. -
? 2003.2 Scope.
The use of the standard forms
prescribed in Subpart B is mandatory for
all departments, and independent .
agencies or offices of the executive
branch that create and/or handle _
national security information. As
appropriate, these departments. and
independent agencies or offices may
mandate the use of these forms by their
contractors, licensees or grantees who
are authorized access to national
security information.
? 2003.3 Welvers.
Except as specifically provided,
waivers from the mandatory use of the
standard forms prescribed in Subpart B
may be granted only by the Director of
ISOO. The Director of ISOO will be
responsible for ensuring that all waivers-
that necessitate changes to a standard
form are cleared with the General
Services Administration's Office of.
Information Resources Management
(KLSO) as an exception to the standard
form (41 CFR 101-11.8).
? 2003.4 Availability.
Agencies may obtain copies of the
standard forms prescribed in Subpart B
by ordering through FEDSTRIP/
MILSTRIP or by including the required
quantities on a Standard Form 3146
signed by an agency approving official
for self-service store purchases. The
national stock number of each form is
cited with its description in Subpart B.-
Subpart B-Prescribed Forms
? 2003.20 Classifled Information
Nondisclosure Agreement SF 189.
(a) SF 189 is a nondisclosure
agreement between the United States
and an individual that is to be executed
as a condition prior to the United States
Government authorizing that individual
access to classified information.
(b) All employees of executive branch
departments, and independent agencies
or offices. and the employees of their
contractors, grantees and licensees must
sign SF 189 as a condition prior to being
authorized access to classified
information. This requirement may be
implemented prospectively by an
agency for which the administrative
burden of compliance would be
excessive. Only the National Security
Council may grant an agency's. -
application for prospective
implementation. To request prospective,
implementation, an agency must submit
its justification to the Director of ISOO,
who will forward it with-a
recommendation to the National
Security Council.
- (c) Agencies may require other
persons, who are not included under
paragraph (b), above, to execute SF 189
as a condition prior to receiving access
to classified information.
(d) Only the National Security Council
may grant an agency's application for a
waiver from the use of SF 189. To apply
for a waiver, an agency must submit its
proposed alternative nondisclosure
agreement to the Director of ISOO,
along with its justification. The Director
of ISOO will request a determination
about the alternative agreement's
enforceability from the Department of
Justice prior to making a
recommendation to the National
Security Council.
(e) Each agency must retain its
executed copies of the SF 189 in file
systems from which the agreements can
be expeditiously retrieved in the event
that the United States must seek their
enforcement.
(f) The national stock number for the
SF 189 is 7540-01-161-1869.
Dated: September 8. 1983.
Steven Garfinkel,
Director, fnformation Security Oversight
(FR Doc. e3-24688 Filed 9-8-83; &43 ami
BIWNG COOS 6820-AF-M
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