MEETING AT OLD E.O.B. RE NONDISCLOSURE AGREEMENT FORMS - 28 JUNE 1983

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85B01152R000801050017-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 21, 2016
• Document Release Date: September 2, 2008
• Sequence Number: 17
• Publication Date: June 30, 1983
• Content Type: MEMO

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ROUTING AND RECORD SHEET
SUBJECT: (Optional)
DD/A Ragistry
FROM:
EXTENSION
NO.
Director of Info ation Services
1206 Ames Building
DATE
1 July 1983
TO: (Officer designation, room number, and
building)
DATE
OFFICER'S
COMMENTS (Number each comment to show from whom
RECEIVED
FORWARDED
INITIALS
to whom. Draw a line across column after each comment.)
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FORM ~~ O USE PREVIOUS
1-79 EDITIONS
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0 JUN 1983
MEMORANDUM FOR THE RECORD
FROM: OIS/RMD/RSB
SUBJECT: Meeting at Old E.O.B. re Nondisclosure Agreement Forms -
28 June 1983
1_ Tha follnwina CTA and DCI/SECOM renresentatives,
and the
undersigned, were attendees at a meeting called by the NSC. This meeting
was called by NSC Staff, in an attempt to have the
Intelligence Community Agencies, who have been working on several draft
versions of the SCI and Collateral Nondisclosure Agreement forms, come to an
agreement for the forms adoption. These nondisclosure forms are needed to
assist in the implementation of a portion of NSDD 84.
2. The meeting was held in the Indian Treaty Room, at 0930 on 28 June
1983. Mr. Robert Kimmitt, Executive Secretary of the National Security
Council, welcomed the attendees to the meeting and made some opening remarks
as to the importance of the forms being drafted. He commented on the
concerns of the President regarding leaks of classified intelligence
information, especially SCI, and the need for the Intelligence community to
help in resolving this situation. He also reminded the representatives that
the response to their June 10 memorandum requesting agencies to submit draft
regulations required by NSDD 84 is due no later than the open of business, 5
July 1983.
3. The meeting was then turned over to who basically
repeated Mr. Kimmitt's concerns. Mr. Steve Garfinkel, D/ISOO, then set the
tone for the meeting by expressing the importance in tryin.g to resolve the
impasse that exists in the adoption of enforceable SCI and Collateral
nondisclosure agreement forms. He further commented that he expected that
this would be the last meeting that we will be holding on this matter.
Because the forms must have the enforceability to withstand court
litigations, Mr. Richard Willard, Deputy Assistant Attorney General, Dept.
of Justice, went through the forms review process with the attendees. The
SCI form was reviewed first, line by line, and then followed by the
Collateral form. Much debate, differences of opinion, discussions, etc.,
ensued and the outcome for the SCI Nondisclosure Agreement form appeared
unsettled.
4. Much attention, however, was focused on paragraphs 5, 8, and 9 of
the SCI form. The Agency's position to strenghten the language in paragraph
5 to ensure that SCI information would not be intermingled with other
classified intelligence reports or estimates, sources and methods,
employment access to information, etc., as presented in the June 17 draft,
was met with considerable opposition. Much of the opposition came from the
State and Defense representatives. At one point in the exchanges, Mr.
Willard acknowledged that the language in the present draft did compromise
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the desired stringent language that was in earlier drafts.. He felt,
however, that with the expected pressures from the press, public relations
with Congress, civil liberty unions, etc., that is expected to descend on
the Justice Dept., IS00, and the NSC, the compromise version had to
prevail. Although Mr. Willard would prefer a more stringent version, it was
his judgement that the latest versions of the SCI and Collateral forms would
be enforceable.
5.I (presented a SECOM proposal on wording for
paragraph.5 of the SCI Nondisclosure Agreement. The proposal was reviewed,
discussed, and partially agreed to by some of the attendees but it.is
unknown at this time whether any of the changes will actually appear in the
final product. The following documents are attached for background
information:
a. Copy of SECOM's proposal for paragraph 5 of SCI Nondisclosure
Agreement form.
b. Comparison sheet showing the differences in paragraphs 8 &,9
of the June 17 SCI. Nondisclosure Agreement draft vis-a-vis the
June 28 version approved by the attending representatives.
c. Copy of a draft policy paper, concerning employee obligations
to protect classified information, distributed by the Dept. of
Justice representative.
6 . , In conclusion, the meeting ended at 12:30 P.M with uncertainty as~
to a finaI-dec sfon regard ng the SCI'?IQond scl`asizr Ae gree~ae t foray The
majority of the representatives_ with the exceptio6--cif -they State-Dep
approved the_ Collateral for:in A concensus of opinion-between our
representatives is that a meeting between the ISOO, Justice, and the NSC
representatives will convene and the will come up with what they feel to be
acceptable forms. Final drafts will then be forwarded to the agencies as a
courtesy and.those agencies opting for more stringent forms for their
use may submit a waiver. I understand that
plan to present an option paper. to Mr. Casey as to what they feel his
position should be.. He will then be put in the position to either disagree
and go to higher authority or go along with the majority decision.
Attachments: A/S
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17 June 1983 Draft
5. In consideration of being
granted access to SCI and of being
assigned or retained in a position
of special confidence and trust
requiring access to SCI and other
classified information, I hereby
agree to submit for security
review by the Department or Agency
that last granted me either a
security clearance or an SCI access
approval all materials, including
works of fiction, that I contem-
plate disclosing to any person not
authorized to have such information,
or that I have prepared for public
disclosure, which contain or purport
to contain:
SECOM Proposal
5. In consideration of being
granted access to SCI and of being
assigned or retained in a position
of special confidence and trust
requiring access to SCI and other
classified information, I hereby
agree to submit for security
review by the Department or Agency
that granted me an SCI access ap-
proval all materials, including works
of fiction, that I contemplate dis-
closing to any person not authorized
to have such information, or that
I have prepared for public disclosure,
which contain or purport to contain:
(a) any SCI or other
classified intelligence reports
or estimates; or
(b) any discussion of
intelligence activities, sources
or methods to which I had access
in the course of my employment,
contract or other relationship
with the United States Govern-
ment.
(a) any SCI or description of
activities that produce or relate to
SCI or that I have reason. to believe
are derived from SCI,
(b) or other intelligence
reports or estimates,
(c) or any discussion of
intelligence data, activities,
sources or methods.
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June 17, 1983 Draft SCI Nondisclosure Agreement Form
Paragraph 8 and 9
Paragraph 8, June 17 Draft Paragraph 8, June 28 version
In addition, I hereby assign to In addition, I hereby assign to the
the United States Government all United States Government all royal-
rights, title and interest, and all ties, remunerations, and emoluments
royalties, remunerations, and emolu- that have resulted, will result, or
ments that have resulted, will re- may result from any disclosure, pub-
sult, or may result from any disclo- lication, or revelation not consist-
sure, publication, or revelation ent with the terms of this Agreement.
not consistent with the terms of
this Agreement.
Paragraph 9, June 17 Draft Paragraph 9, June 28 version
I understand that the United States I understand that the United States
Government may seek any remedy Government may seek any remedy avail-
available to it to enforce this able to it to enforce this Agreement
Agreement including, but not limited including, but not limited to, appli-
to application for a court order cation for a court order prohibiting
prohibiting disclosure of information disclosure of information in breach
in breach of this Agreement.' I have of. this Agreement.
been advised that the action can be
brought against me in any of the
United States District Courts where
the United States Government may
elect to file the action. Court
costs and reasonable attorney fees
incurred by the United States Govern-
ment may be assessed against me if
I lose such action.
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