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-RDP90M00005R000700030012-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 23, 2016
• Document Release Date: February 4, 2013
• Sequence Number: 12
• Content Type: MISC

Declassified in Part - Sanitized Copy Approved for Release 2013/02/05: CIA-RDP90M00005R000700030012-4
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:I I(29 September 1988)
List of Recipients
Cong. Rodino (Churn Judiciary Onte)
Sen. Dole (Minority Leader)
Mr. Giugni,Sgt.at Arms/Sen(C.Police)
Sen. Leahy(Chman, Agriculture Corte)
Sen. Glenn(Chman Govt'l Affairs)
Sen. Cranston(Chman Vets Affairs)
Mr. Di Silvestro(Sen. Security Ofc)
Sen. Biden (Chman Judiciary Conte)
Sen. Heflin (Chman Ethics Cmte)
Sen. Johnston(Chman Energy Onte)
Sen. Chiles (Chman Budget Corte)
Sen. Pell (Chman Foreign Relations Corte)
Sen. Hollings(Chman Comm,Sci & Trans)
Sen. Stennis (Chman Appropriations)
Sen. Nunn (Chman Armed Services Conte)
Messrs. Myers,Burnett & Smith/ACOG
Sen. Sarbanes (Chman Jt Econ Onte)
Mr. Gibbons (Director OTA)
Cong Aspin, (Chman Armed Serv. Grote)
Cong Dingell (Chmn Energy & Comm Corte)
Cong Gray (Chinn Budget Conte)
Cong Fascell (Chmn Foreign Affairs Conte)
Cynthia Wilkins (Lib. of Congress)
Mr. Bowsher(Compt Gen'l, GAO)
Cong Rangel (Churn Narcotics Conte)
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 (Chmn PO & Civil Serv)
Cong Brooks (Churn Govt Cps Conte)
Mr. Blum (Dir/Cong Budget Ofc)
Cong. Hoyer (Chmn Helsinki Commission)
Mrs. Roseanne Sharp(Alderson Reporters)
Sen. Boren (SSCI)
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STAT
Declassified in Part - Sanitized Copy Approved for Release 2013/02/05: CIA-RDP90M00005R000700030012-4
 Declassified in Part - Sanitized Copy Approved for Release 2013/02/05: CIA-RDP90M00005R000700030012-4
Central Intelligence Agency
STAT
Mr. Henry K. Giugni
Sergeant at Arms
United States Senate
Washington, DC 20510
Dear Mr. Giugni:
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.
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."
Congressional Affairs
e g son
Declassified in Part - Sanitized Copy Approved for Release 2013/02/05: CIA-RDP90M00005R000700030012-4
 STAT
Declassified in Part - Sanitized Copy Approved for Release 2013/02/05: CIA-RDP90M00005R000700030012-4
Declassified in Part - Sanitized Copy Approved for Release 2013/02/05: CIA-RDP90M00005R000700030012-4
 Declassified in Part - Sanitized Copy Approved for Release 2013/02/05: CIA-RDP90M00005R000700030012-4
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
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 Declassified in Part - Sanitized Copy Approved for Release 2013/02/05: CIA-RDP90M00005R000700030012-4
provisions by disclosing unmarked information when, at the time speculation
v that was no basis to suggest of
of a caton icatiotheinf nation was other tha
classified
determination. or n Pure
on, in the process
Through this notice
agreements that contain signatories to SCI
their continued the term nondisclosure
nondisclosure agreement to SCI classifiable" are advised that
they still be governed by the SCI
notice without any further actgiond as it has been amended
by this
Declassified in Part - Sanitized Copy Approved for Release 2013/02/05: CIA-RDP90M00005R000700030012-4