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

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP90M00005R000700030014-2
Release Decision: 
RIPPUB
Original Classification: 
K
Document Page Count: 
7
Document Creation Date: 
December 23, 2016
Document Release Date: 
February 4, 2013
Sequence Number: 
14
Case Number: 
Content Type: 
MISC
File: 
AttachmentSize
PDF icon CIA-RDP90M00005R000700030014-2.pdf305.42 KB
Body: 
Declassified in Part - Sanitized Copy Approved for Release 2013/02/05: CIA-RDP90M00005R000700030014-2 j' PUBJECT: 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:F---](29 September 1988) List of Recipients Cong. Rodino (Chmn Judiciary Cmte) Sen. Dole (Minority Leader) Mr. Giugni,Sgt.at Arms/Sen(C.Police) Sen. Leahy(Chman, Agriculture Cmte) Sen. Glenn(Chman Govt'1 Affairs) Sen. Cranston(Chman Vets Affairs) Mr. Di Silvestro(Sen. Security Ofc) Sen. Biden (Chman Judiciary Cmte) Sen. Heflin (Chman Ethics Cfite) Sen. Johnston(Chman Energy Cmte) Sen. Chiles (Chman Budget Cmte) Sen. Pell (Chman Foreign Relations Cfite) Sen. Hollings(Chman Comm,Sci & Trans) Sen. Stennis (Chman Appropriations) Sen. Nunn (Chman Armed Services ante) Messrs. Myers,Burnett & Smith/ACOG Sen. Sarbanes (Chman Jt Econ Cmte) Mr. Gibbons (Director OTA) Cong Aspin, (Chman Armed Serv. Corte) Cong Dingell (Chmn Energy & Comm Corte) Cong Gray (Chmn Budget Corte) Cong Fascell (Chmn Foreign Affairs Corte) Cynthia Wilkins (Lib. of Congress) Mr. Bowsher(Compt Gen'l, CAO) Cong Rangel (Chmn Narcotics Corte) Mr. Vandergrift(HAC S&I) Cong Chappell(Chmn Appropriations) Cong Stokes (Chmn HPSCI) Cong Roe (Chmn Sci. Space & Tech) Mr. Anderson (Cl of House - Reporters)) Cong Ford (Churn PO & Civil Serv) Cong Brooks (Chmn Govt Ops Corte) Mr. Blum (Dir/Cong Budget Ofc) Cong. Royer (Chinn Helsinki Commission) Mrs. Roseanne Sharp(Alderson Reporters) Sen. Boren (SSCI) OCA 3229-88 OCA 3229/1 - 88 OCA 3229/2 - 88 OCA 3229/3 - 88 OCA 3229/4 - 88 OCA 3229/5 - 88 OCA 3229/6 - 88 OCA 3229/7 - 88 OCA 3229/8 - 88 OCA 3229/9 - 88 OCA 3229/10- 88 OCA 3229/11- 88 OCA 3229/12- 88 OCA 3229/13- 88 OCA 3229/14- 88 OCA 3229/15- 88 OCA 3229/16- 88 OCA 3229/17- 88 OCA 3229/18- 88 OCA 3229/19- 88 OCA 3229/20- 88 OCA 3229/21- 88 OCA 3229/22- 88 OCA 3229/23- 88 OCA 3229/24- 88 OCA 3229/25- 88 OCA 3229/26- 88 OCA 3229/27- 88 OCA 3229/28- 88 OCA 3229/29- 88 OCA 3229/30- 88 OCA 3229/31- 88 OCA 3229/32- 88 OCA 3229/33- 88 OCA 3229/34- 88 OCA 3229/35- 88 STAT Declassified in Part - Sanitized Copy Approved for Release 2013/02/05: CIA-RDP90M00005R000700030014-2 Declassified in Part - Sanitized Copy Approved for Release 2013/02/05: CIA-RDP90M00005R000700030014-2 Central intelligence Agency .Mr. Kenneth A. Myers Arms Control Observer Group United States Senate Washington, DC 20510 Dear Mr. Myers: 30 September 1988 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. As a member of the staff of the Arms Control Observer Group, you have signed a Form 4193, or equivalent SCI nondisclosure agreement, that contains the term "classifiable," and we are required to provide you with a copy 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 . Helgeron Director\ ,congressional Affairs Enclosure Declassified in Part - Sanitized Copy Approved for Release 2013/02/05: CIA-RDP90M00005R000700030014-2 Declassified in Part - Sanitized Copy Approved for Release 2013/02/05: CIA-RDP90M00005R000700030014-2 Central Intelligence Agency 30 September 1988 Mr. David J. Smith Arms Control Observer Group 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. As a member of the staff of the Arms Control Observer Group, you have signed a Form 4193, or equivalent SCI nondisclosure agreement, that contains the term "classifiable," and we are required to provide you with a copy 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. Helgeron Enclosure Direcl / Congressional Affairs Declassified in Part - Sanitized Copy Approved for Release 2013/02/05 : CIA-RDP90M00005R000700030014-2 Declassified in Part - Sanitized Copy Approved for Release 2013/02/05: CIA-RDP90M00005R000700030014-2 Central Intelligence Agency 30 September 1988 Mr. Wallace D. Burnett Arms Control Observer Group 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. 87-2284-0G, 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. As a member of the staff of the Arms Control Observer Group, you have signed a Form 4193, or equivalent SCI nondisclosure agreement, that contains the term "classifiable," and we are required to provide you with a copy 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 Helgerso Director) ,Jongressional Affairs Enclosure Declassified in Part - Sanitized Copy Approved for Release 2013/02/05: CIA-RDP90M00005R000700030014-2 STAT Declassified in Part - Sanitized Copy Approved for Release 2013/02/05: CIA-RDP90M00005R000700030014-2 Declassified in Part - Sanitized Copy Approved for Release 2013/02/05: CIA-RDP90M00005R000700030014-2 Declassified in Part - Sanitized Copy Approved for Release 2013/02/05: CIA-RDP90M00005R000700030014-2 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 SCI 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 Declassified in Part - Sanitized Copy Approved for Release 2013/02/05: CIA-RDP90M00005R000700030014-2 Declassified in Part - Sanitized Copy Approved for Release 2013/02/05: CIA-RDP90M00005R000700030014-2 provisions by disclosing the disclosure, there unmarked speculation. information when th , at the that the was rm basis to su time of of a classification determination. was gfi other than etermination, classssified or in the pro Throe process gh this notice, signatories to SCI agreements that contain the their continued term nondisclose nondisclosure a access to SCI classif ur iable" notice Breement the will be are advised that without an y sig d g?verne by the SCI y further action. as it has been amended by this Declassified in Part - Sanitized Copy Approved for Release 2013/02/05: CIA-RDP90M00005R000700030014-2