NONDISCLOSURE AGREEMENT (NDA) FOR SENSITIVE COMPARTMENTED INFORMATION (SCI)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B01034R000500180053-4
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 19, 2016
• Document Release Date: September 26, 2005
• Sequence Number: 53
• Publication Date: August 27, 1981
• Content Type: MF

UNDER SECRETARY OF DEFENSE(
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2 7 AUG 1981
MEMORANDUM FOR THE. DIRECTOR, DEFENSE INTELLIGENCE AGENCY
Subject: Nondisclosure Agreement(NdA) for Sensitive
Compartmented Information '(SCI)
The Director of Central Intelligence(DCI) has determined that
there is a requirement to use a NdA covering SCI. He has devised.
a NdA known as. Form 4193 and made it available to members of the
Intelligence.Community for their use. It is the policy of-the
DCI that a NdA will be signed by all persons gaining access to.
SCI or to Special Access Programs involving sensitive.intelligence
sources and methods,. anad by all persons, who hold such accesses
already.. Persons declining to sign a NdA will not be given
access to SCI. Failure to. sign-by. a person having access already
does not relieve. that person of any responsibilities or limitations
assumed by swearing to- or affirming a security oath and will be
cause for removal of SCI access for the refusing individual.
The Department of Defense will implement this DCI.policy in order
to ensure that its personnel-with access to-information produced
by another agency that' falls within . the: purview of the agreement
will be held account4ble for improper use of or actions concerning
the information; tc, ensure that there is no "double standard" by
which persons of particular stature or position may be exempted
from the conditions of the NdA; and, to ensure that the Department
follows'the United States Attorney General's guideline that no
prosecutive action will be taken against someone accused of un-
authorized disclosure of classified material or information if. that
person has not signed some form.o.f nondisclosure agreement.
While it may.app-e-ar that the NdA constitutes a new condition of
euployment:for persons with access to SCI, it unquestionably is
a specific requirement. which continuing employment under such
circumstances imposes in an area of 'compelling national interest.
The sensitive. nature of the information involved and the dangers
to the security of the natiorns -f released compel adoption of a
system which will insure the strictest safeguarding of the SCI.
Despite a possible question regarding an individual's right to
retain employment upon his refusal to execute the NdA, I believe
we should proceed to implement its use given th'e'overriding
national security considerations..
On file OSD release instructions apply.
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 Approved For Release 2006/01/12 : CIA-RDP87B01034R000500180053-4
Each department or agency must be able to guarantee without delay,
the existence of the NdA to other concerned organizations, especially
the Department of Justice. And., to fulfill its functions, the NdA
must be held as long as its signer is physically capable. of violating
it, that is while the signer lives. Retention, then, must cover the
reasonable life expectancy of the population involved. Therefore,
the signed NdA must be maintained for 70 years or until .after the
death of the signer. The NdA can be retained in its original form
or. in copy form as long as it is certifiable as representative of
the original NdA signed by the person indoctrinated for access to
SCI. Retention in other than paper form, e.g., microform, must be
in accordance with the Federal Property Management Regulations
(41 C.F.R. 101-11). Specific procedures for storage in accordance
with.these general guidelines can. be arranged among the implementing
departments and agencies.
The NdA requires that each person indoctrinated for SCI submit
anything that might relate-.to SCI for security review.prior to its
disclosure to the public. The agencies and the military. departments
within'the Department of Defense will be required-to implement such
policy appropriately, to ensure that each submission for security
review is staffed properly to the entity with principal interest
.in the information submitted for security review, and to ensure that
a response is provided within 30 days of the receipt of the request.
Procedures for appeal to the head of the agency or the Secretary of
the Military Department concerned, must be-clearly specified in the
implementing directives. Followinig??security review by the appropriate
defense agency -or military department, there is an additional and
unrelated .requirement---compliance with the provisions of DoD
Directive 5230.9 of 24 December 1966, Subject: "Clearance of
Department of Defense Public Information". This additional clear-
ance is not required, however, unless material qualifies for
submission under criteria prescribed in that directive.
This policy will be included in DoD Directive-5200.17(M--2) and
other appropriate directives pertaining to the control of SCI
pending their revision.
Copy to:
4. -SClwell
Richard'
General, USA (Ret.)
Deputy
Director, National Security Agency
r
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