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-RDP90M00005R000700030016-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 23, 2016
• Document Release Date: February 4, 2013
• Sequence Number: 16
• Content Type: MISC

Declassified in Part - Sanitized Copy Approved for Release 2013/02/05: CIA-RDP90M00005R000700030016-0
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"UBJECT: Letter to All
Agreement, re
Distribution:
Original - Addressee
1 - D/OCA
1 - CIB/OS
1 -OGC
1 - OCA/LEG
1 - OCA Record
1 - JMD Subject
1 - JMD Ch
rono
(29 September 1988)
STAT
List of Recipients
Cong. Rodino (Chinn Judiciary Cite)
OCA
3229-8
8
Sen. Dole (Minority Leader)
G
OCA
3229/1
- 88
Mr.
iugni,Sgt.at Arms/Sen(C.Police)
OCA
3229/2
- 88
Sen. Leahy(Chman, Agriculture Cute)
OCA
3229/3
- 88
Sen. Glenn(Chman Govt?l Affairs)
OCA
3229/4
- 88
Sen. Cranstori(Chman Vets Affairs)
OCA
3229/5
- 88
Mr. Di Silvestro(Sen. Security Ofc)
CA
3229/6
- 88
Sen. Eiden (Chman Judiciary Crate)
OCA
3229/7
- 88
Sen. Heflin (Chman Ethics Crate)
OCA
3229/8
- 88
Sen. Johnston(Chman Energy Crate)
OCA
3229/9
- 88
Sen. Chiles (Chman Budget Crate)
S
OCA
3229/10
- 88
en. Pell (Chman Foreign Relations Cute)
S
OCA
3229
/11
- 88
en. Hollings(Chman Corrn,Sci & Trans)
OCA
.
3229/12
- 88
Sen. Stennis (Chman Appropriations)
S
OCA
3229/13
- 88
en. Nunn (Chman Armed Services Crate)
OCA
3229/14
- 88
Messrs. Myers,Burnett & Smith/AGOG
S
OCA
3229/15
- 88
en. Sarbanes (Chman Jt Econ Crate)
OCA
3229/16
- 88
Mr. Gibbons (Director OTA)
OCA
3229/17
- 88
Cong Aspin, (Chman Armed Serv. Cute)
C
0..A
3229/18
- 88
ong Dingell (Chmn Energy & Comm Crate)
OCA
3229/19
- 88
Cong Gray (Chhmn Budget Cute)
C
OCA
3229/20
- W
ong Fascell (Chmn Foreign Affairs Cate)
C
OCA
3229/21
- 88
ynthia Wilkins (Lib. of Congress)
M
OCA
3229/22
.
- 88
r. Bowsher(Compt Gen?l, GAO)
0.A
3229/23
- 88
Cong Rangel.(Chinn Narcotics Crate)
M
OCA
3229/24
- 88
r. Vandergrift(HAC S&I)
C
OCA
3229/25
- 88
ong Chappell(Chmn Appropriations)
C
OCA
3229/26
- 88
ong Stokes (Chmn HPSCI)
OCA
3229
Cong Roe (Chmn Sci. Space & Tech)
Mr
A
d
OCA
/27- 288
3229/28- 88
.
n
erson (Cl of House - Reporters))
C
OCA
3229/29- 88
ong Ford (Chinn PO & Civil Serv)
C
OCA
3229/30- 88
ong Brooks (Chmn Govt Cps Cnte)
M
OCA
3229/31- 88
r. Blum (Dir/Cong Budget Ofc)
OCA
3229/32- 88
Cong. Royer (Chinn Helsinki Commission)
Mrs
Ro
OCA
3229/33- 88
.
seanne Sharp(Alderson Reporters)
OCA
3229/34- 88
Sen. Boren (SSCI)
OCA
3229/35- 88
Congressional Signers of Form 4193, Non-Disclosure ."k etJ
Court Order. on Term "classifiable." !'-1r.+1u.s,
7dASC
SASQ.
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 Declassified in Part - Sanitized Copy Approved for Release 2013/02/05: CIA-RDP90M00005R000700030016-0
Central Intclli9cnce Agency
The Honorable Peter W. Rodino
Chairman
Committee on the Judiciary
House of Representatives
Washington, DC 20515
Dear Mr. Chairman:
OCA 3229 - 88
4 October 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 iction No.
87-2264-, and American Federation of Government E2nployees 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 4192 and equivalent SCI nondisclosure agreements is not
affected by the notice requirement.pertainina to the term
"classifiable."
Sincerely,
STAT
L. Helaex on
Directof /Congressijnal Affairs
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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 nct cover currently unclassified
information that may be s bject 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
inte-rim 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 fr-; classification and is
in the process of a classification determination, whether the
unauthorized disclosure is willful or ;Segiigent; 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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the,disclosure by disclosing unmarked
s , there was information when, at the
peculation, that the inform basiswas cIa time of
of a classification ggest, other than. pure
determination, Classified or in the
Throu process
gh this notice
agreements that , signatories to SCI
their contih contain the term "classifiablend?'closure
nondisclosure a access to SCI will are advised
greemen't they signedbasgoverned b . the Sc-I that
notice, without any further
action. t has beenamended by
this
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 STAT
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