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-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
• Content Type: MISC

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