Sensitive Compartmented Information Nondisclosure Agreement
SENSITIVE COMPARTMENTED INFORMATION NONDISCLOSURE AGREEMENT
1 June 1997
Source: William H. Payne (Blank Agreement)
SENSITIVE COMPARTMENTED INFORMATION NONDISCLOSURE AGREEMENT
An Agreement Between__________________and the United States
(Name - Printed or Typed)
1. Intending to be legally bound, I hereby accept the obligations
contained in this Agreement in consideration of my being granted
access to information or material protected within Special Access
Programs, hereinafter referred to in this Agreement as Sensitive
Compartmented Information (SCI). I have been advised that SCI
involves or derives from intelligence sources or methods and is
classified or is in the process of a classification determination
under the standards of Executive Order 12356 or other Executive
order or statute. I understand and accept that by being granted
access to SCI, special confidence and trust shall be place in me by
the United States Government.
2. I Hereby acknowledge that I have received aa security
indoctrination concerning the nature and protection of SCI,
including the procedures to be followed in ascertaining whether
other persons to whom I contemplate disclosing this information or
material have been approved for access to it, and I understand these
procedures. I understand that I may be required to sign subsequent
agreements upon being granted access to different categories of
SCI. I further understand that all my obligations under this
Agreement continue to exist whether or not I am required to sign
such subsequent agreements.
3. I have been advised that the unauthorized disclosure,
unauthorized retention, or negligent handling of SCI by me could
cause irreparable injury to the United States or be used to
advantage by a foreign nation. I hereby agree that I will never
divulge anything marked as SCI or that I know to be SCI to anyone
who is not authorized to receive it without prior written
authorization from the United States Government department or
agency (hereinafter Department or Agency) that last authorized my
access to SCI. I understand that it is my responsibility to consult
with appropriate management authorities in the Department or
Agency or a contractor thereof, in order to ensure that I know
whether information or material within my knowledge or control
that I have reason to believe might be SCI, or related to or derived
from SCI, is considered by such Department or Agency to be SCI. I
further understand that I am also obligated by law and regulation
not to disclose any classified information or material in an
unauthorized fashion.
4. In consideration of being granted access to SCI and being
assigned or retained in a position of special confidence and trust
requiring access to SCI, I hereby agree to submit for security review
by the Department or Agency that last authorized my access to such
information or material, any writing or other preparation in any
form, including a work of fiction, that contains or purports to
contain any SCI or description of activities that produce or relate to
SCI or that I have reason to believe are derived from SCI, that I
contemplate disclosing to any person not authorized to have access
to SCI or that I have prepared for public disclosure. I understand
and agree that my obligation to submit such preparations for review
applies during the course of my access to SCI and thereafter, and I
agree to make any required submissions prior to discussing the
preparation with, or showing it to, anyone who is not authorized to
have access to SCI. I further agree that I will not disclose the
contents of such preparation to any person not authorized to have
access to SCI until I have received written authorization from the
Department or Agency that last authorized my access to SCI that
such disclosure is permitted.
5. I understand that the purpose of the review described in
paragraph 4 is to give the United States a reasonable opportunity to
determine whether the preparation submitted pursuant to paragraph
4 sets forth any SCI. I further understand that the Department or
Agency to which I have made a submission will act upon it,
coordinating within the Intelligence Community when appropriate,
and make a response to me within a reasonable time, not to exceed
30 working days from date of receipt.
6. I have been advised that any breach of this Agreement may
result in the termination of my access to SCI and removal from a
position of special confidence and trust requiring such access, as
well as the termination of my employment or other relationships
with any Department or Agency that provides me with access to
SCI. In addition, I have been advised that any unauthorized
disclosure of SCI may constitute violations of United States
criminal laws, including the provisions of Sections 793, 794, 798,
and 952, Title 18, United States Code, and of Section 783(b), Title
50, United States Code. Nothing in this Agreement constitutes a
waiver by the United States of the right to prosecute me for any
statutory violation.
7. I understand that the United States Government may seek any
remedy available to it to enforce this Agreement including, but not
limited to, application for a court order prohibiting disclosure of
information in breach of this Agreement. I have been advised that
the action can be brought against me in any of the several
appropriate United States District Courts where the United States
Government may elect to file the action. Court costs and reasonable
attorney fees incurred by the United States Government may be
assessed against me if I lose such action.
8. I understand that all information to which I may obtain access
by signing this Agreement is now and will remain the property of
the United States Government unless and until otherwise
determined by an appropriate official or final ruling in a court of
law. Subject to such determination, I do not now, nor will I ever,
possess any right, interest, title, or claim whatsoever to such
information. I agree that I shall return all materials that may have
come into my possession or for which I am responsible because of
such access, upon demand by an authorized representative of the
United States Government or upon the conclusion of my
employment or other relationship with the United States
Government entity providing me access to such materials. If I do
not return such materials upon request, I understand this may be a
violation of Section 793, title 18, United States Code.
9. Unless and until I am released in writing by an authorized
representative of the Department or Agency that last provided me
with access to SCI, I understand that all conditions and obligations
imposed upon me by this Agreement apply during the time I am
granted access to SCI, and at all times thereafter.
10. Each provision of this Agreement is severable. If a court
should find any provision of this Agreement to be unenforceable,
all other provisions of this Agreement shall remain in full force and
effect. This Agreement concerns SCI and does not set forth such
other conditions and obligations not related to SCI as may now or
hereafter pertain to my employment by or assignment or
relationship with the Department or Agency.
11. I have read this Agreement carefully and my questions, if
any, have been answered to my satisfaction. I acknowledge that the
briefing officer has made available Sections 793, 794, 798, and 952
of Title 18, United States Code, and Section 783(b) of Title 50,
United States Code, and Executive Order 12356, as amended, so
that I may read them at this time, if I so choose.
FORM4414
(Replaces Form 4355 which is obsolete and will not be used)
------------------------------------------------------------------------
[page 2]
SFN ____________________________
12. I hereby assign to the United States Government all rights,
title and interest, and all royalties, remunerations, and emoluments
that have resulted, will result, or may result from any disclosure,
publication, or revelation not consistent with the terms of this
Agreement.
13. These restrictions are consistent with and do not supersede
conflict with or otherwise alter the employee obligations rights or
liabilities created by Executive Order 12356; section 7211 of title
5, United States Code (governing disclosures to Congress); section
1034 of title 10, United States Code, as amended by the Military
Whistleblower Protection Act (governing disclosure to Congress by
members of the Military); section 2302(b)(8) of title 5, United
States Code, as amended by the Whistleblower Protection Act
(governing disclosures of illegality, waste, fraud, abuse or public
health or safety threats); the Intelligence Identities Protection Act
of 1982 (50 USC 421 et seq.) (governing disclosures that could
expose confidential Government agents), and the statutes which
protect against disclosure that may compromise national security,
including section 641, 793, 794, 798, and 952 of title 18, United
States Code, and section 4(b) of the Subversive Activities Act of
1950 (50 U.S.C. section 783(b)). The definitions, requirements,
obligations, rights, sanctions and liabilities created by said
Executive Order and listed statutes are incorporated into this
Agreement and are controlling.
13.[sic] This Agreement shall be interpreted under and in
accordance with the law of the United States.
14. I make this Agreement without any mental reservation or
purpose of evasion.
________________________________________
__________
Signature
Date
The execution of this Agreement was witnessed by the undersigned
who accepted it on behalf of the United States Government as a
prior condition of access to Sensitive Compartmented Information.
WITNESS and ACCEPTANCE:
________________________________________
Signature
Date
SECURITY BRIEFING / DEBRIEFING ACKNOWLEDGEMENT
___________ ___________ ___________ ___________
___________ ___________
_____________________________________________________
_____________
(Special Access Programs by Initials Only)
_____________________________________________________
SSN (See Notice Below)
Printed or Typed Name
Organization
BRIEF Date ________
I hereby acknowledge that
I was briefed on the above
SCI Special Access
Program (s)
___________________________________
Signature of Individual Briefed
DEBRIEF Date ________
Having been reminded of my continuing obligation to
comply with the terms of this Agreement, I hereby
acknowledge that I was debriefed on the above
SCI Special Access Program (s)
___________________________________
Signature of Individual Debriefed
I certify that the briefing presented by me on the above date was in
accordance with relevant SCI procedures.
___________________________________
Signature of Briefing/Debriefing Officer
SSN (See Notice Below)
___________________________________
Printed or Typed Name
Organization (Name and Address)
NOTICE: The Privacy Act, 5 U.S.C. 522a, requires that federal
agencies inform individuals, at the time the information is solicited
from them, whether the disclosure is mandatory or voluntary, by
what authority such information is solicited, and what uses will be
made of the information. You are hereby advised that authority for
soliciting your Social Security Number (SSN) is Executive Order
9397. Your SSN will be used to identify you precisely when it is
necessary to 1) certify that you have access to the information
indicated above, 2) determine that your access to the information
indicated has terminated, or 3) certify that you have witnessed a
briefing or debriefing. Although disclosure of your SSN is not
mandatory, your failure to do so may impede such certifications or
determinations.
|