LETTER TO ALL CONGRESSIONAL SIGNERS OF FORM 4193, NON-DISCLOSURE AGREEMENT, RE COURT ORDER ON TERM "CLASSIFIABLE."

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90M00005R000700030013-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 23, 2016
• Document Release Date: February 4, 2013
• Sequence Number: 13
• Content Type: MISC

1.
Declassified in Part - Sanitized Copy Approved for Release 2013/02/05: CIA-RDP90M00005R000700030013-3
gUBJECT: Letter to All Congressional Signers of Form 4193, Non-Disclosure
Agreement, re Court Order on Term "classifiable."
Distribution:
Original - Addressee
1 - D/OCA
1 - CIB/OS
1 - OGC
1 - OCA/LEG
1 - OCA Record
1 - JMD Subject
1 - JMD Chrono
OCA:
~
(29 September 1988)
STAT
List of Recipients
Cong. Rodino (Chmn Judiciary ante)
OCA 3229-88
Sen. Dole (Minority Leader)
OCA 3229/1 - 88
Mr. Giugni,Sgt.at Arms/Sen(C.Police)
OCA 3229/2 - 88
Sen. Leahy(Chman, Agriculture Corte)
OCA 3229/3 - 88
Sen. Glenn(Chman Govt'l Affairs)
OCA 3229/4 - 88
Sen. Cranston(Chman Vets Affairs)
OCA 3229/5 - 88
Mr. Di Silvestro(Sen. Security Ofc)
OCA 3229/6 - 88
Sen. Biden (Chman Judiciary Corte)
OCA 3229/7 - 88
Sen. Heflin (Chman Ethics Corte)
OCA 3229/8 - 88
Sen. Johnston(Chman Energy Cmte)
OCA 3229/9 - 88
Sen. Chiles (Chman Budget ante)
OCA 3229/10- 88
Sen. Pell (Chman Foreign Relations Corte)
OCA 3229/11- 88
Sen. Hollings(Chman Comm,Sci & Trans)
OCA 3229/12- 88
Sen. Stennis (Chman Appropriations)
OCA 3229/13- 88
Sen. Nunn (Chman Armed Services Corte)
OCA 3229/14- 88
Messrs. Myers,Burnett & Smith/ACOG
OCA 3229/15- 88
Sen. Sarbanes (Chman Jt Econ Corte)
OCA 3229/16- 88
Mr. Gibbons (Director OTA)
OCA 3229/17- 88
Cong Aspin, (Chman Armed Serv. Corte)
OCA 3229/18- 88
Cong Dingell (Chmn Energy & Comm Corte)
OCA 3229/19- 88
Cong Gray (Chmn Budget Corte)
OCA 3229/20- 88
Cong Fascell (Chmn Foreign Affairs Corte)
OCA 3229/21- 88
Cynthia Wilkins (Lib. of Congress)
OCA 3229/22- 88
Mr. Bowsher(Compt Gen'l, CAO)
OCA 3229/23- 88
Cong Rangel (Chinn Narcotics Corte)
OCA 3229/24- 88
Mr. Vandergrift(HAC S&I)
OCA 3229/25- 88
Cong Chappell(Chmn Appropriations)
OCA 3229/26- 88
Cong Stokes (Chmn HPSCI)
OCA 3229/27- 88
Cong Roe (Chmn Sci. Space & Tech)
OCA 3229/28- 88
Mr. Anderson (Cl of House - Reporters))
OCA 3229/29- 88
Cong Ford (Churn PO & Civil Serv)
OCA 3229/30- 88
Cong Brooks (Chmn Govt Ops CImte)
OCA.3229/31- 88
Mr. Blum (Dir/Cong Budget Ofc)
OCA 3229/32- 88
Cong. Hoyer (Chmn Helsinki Commission)
OCA 3229/33- 88
Mrs. Roseanne Sharp(Alderson Reporters)
OCA 3229/34- 88
Sen. Boren (SSCI)
OCA 3229/35- 88
Declassified in Part - Sanitized Copy Approved for Release 2013/02/05: CIA-RDP90M00005R000700030013-3
 Declassified in Part - Sanitized Copy Approved for Release 2013/02/05: CIA-RDP90M00005R000700030013-3
Central Intelligence Agency
30 September 1988
Mr. Michael P. Di Silvestro
Director
Office of Security
United States Senate
Washington, DC 20510
I have been advised by the DCI's Special Security Center that on
28 July 1988, the United States District Court for the District of
Columbia issued its decision in the cases of National Federation of
Federal Employees v. United States, et al., Civil Action No.
87-2284--OG, and American Federation of Government Employees v.
Garfinkel, et al., Civil Action No. 87-2412--OG, which challenged the
constitutionality and legality of Form 4193, the "Sensitive
Compartmented Information Nondisclosure Agreement." Essentially,
the decision upheld the Government's use of the Form 4193 as both
constitutional and legal.
The Court has required the Government to clarify the scope of
the term "classifiable" as used in the Form 4193 (and any equivalent
SCI nondisclosure agreement) by defining the term in an
appropriately limited manner and informing, within thirty (30) days,
all current U.S. Government employees who have signed such
agreements of this clarification. I have enclosed copies of this
clarification for your convenience.
Please take the steps necessary to provide all of your current
employees who have signed a Form 4193 (see enclosed list), or
equivalent SCI nondisclosure agreement that contains the term
"classifiable," with a copy or facsimile of the enclosed
clarification no later than 22 October 1988 in order to comply with
the Court's order.
For your information, the enforcement of all other aspects of
the Form 4193 and equivalent SCI nondisclosure agreements is not
affected by the notice requirement pertaining to the term
"classifiable."
Sincerely,
STAT
L. Helg son
Congress onal Affairs
Enclosures
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 STAT
Declassified in Part - Sanitized Copy Approved for Release 2013/02/05: CIA-RDP90M00005R000700030013-3
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 Declassified in Part - Sanitized Copy Approved for Release 2013/02/05: CIA-RDP90M00005R000700030013-3
CLARIFICATION OF FORM 4193 AND EQUIVALENT
SCI NONDISCLOSURE AGREEMENTS
Please be advised that, in conformance with the order of the
United States District Court for the District of Columbia, the
following is substituted for the term "classifiable" in all
Sensitive Compartmented Information (SCI) nondisclosure agreements
containing that term:
information that is unmarked classified information,
including oral communications, and unclassified information
that meets the standards for classification and is in the
process of a classification determination : . ."
By making this substitution, the Director of Central Intelligence
is clarifying that SCI nondisclosure agreements that contain the-
term "classifiable" do not cover currently unclassified
information that may be subject to classification at some future
date, but is not currently in the process of a classification
determination. Therefore, the only circumstances under which a
signatory might violate the terms of an SCl.nondisclosure
agreement by disclosing unclassified information are when a
signatory knows, or reasonably should know, that such information
is in the process of a classification determination and requires
interim protection as provided in section 1.1(c) of Executive
Order 12356 or any other statute or Executive order that requires
interim protection for certain unclassified information while a
classification determination is pending.
Thus, a signatory of an SCI nondisclosure agreement containing
the word "classifiable" may be liable for disclosing information
falling within the substituted phrase if:
(a) He or she knows that the unmarked information is
classified, or meets the standards for classification and is
in the process of a classification determination, whether the
unauthorized disclosure is willful or negligent; or
(b) He or she should know that the unmarked information
is classified, or meets the standards for classification and
is in the process of a classification determination, in which
case the unauthorized disclosure is negligent. In no instance
could a signatory be liable for violating nondisclosure
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 Declassified in Part - Sanitized Copy Approved for Release 2013/02/05: CIA-RDP90M00005R000700030013-3
1
provisions by disclosin
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nondisclosure a access to SCI classifiable"
greement the will be are advised that
notice, without Y s igned esg?Verned by the SCI
any further action. t has been amended by this
Declassified in Part - Sanitized Copy Approved for Release 2013/02/05: CIA-RDP90M00005R000700030013-3