The second requirement you must complete is the signature of a Classified Information Nondisclosure Agreement, SF 312. The President first defined this requirement in a directive which states that « all persons with access to classified information must sign a confidentiality agreement as a condition of access. » This requirement is reaffirmed in the executive order on secret national security information. SF 312 is a contractual agreement between the U.S. government and you, a deleted employee, in which you agree never to disclose classified information to an unauthorized person. Its main objective is to inform you about (1) the trust placed in you by giving you access to classified information; (2) Its responsibility to protect this information from unauthorized disclosure; and (3) the consequences that may result from non-compliance with these responsibilities. Moreover, by determining the nature of that trust, your responsibilities and the possible consequences of non-compliance under a contractual agreement, if you violate that trust, the United States will be in a better position to prevent or discipline you for unauthorized disclosure by engaging in civil or administrative action. WITNESS The implementation of this agreement was observed by the undersigned. Name and response to the signing date: as stipulated in the President`s directive and the executive order, the implementation of an approved confidentiality agreement is a precondition for access to classified information. Therefore, an agency takes the necessary steps to prevent anyone who has not executed an approved confidentiality agreement from having access to classified information. In accordance with the Agency`s rules and procedures, the security clearance of the party concerned is withdrawn or denied.

To meet this access requirement, approved confidentiality agreements include one of the following: (c) a confidentiality agreement for which the National Security Council has waived the use of SF 312, SF 189 or SF 189-A, as provided for in 32 CFR 2003.20. Answer: No. Access to classified information depends on three conditions: 1) a person`s reliability, i.e. the release of security; (2) the signing of an approved confidentiality agreement; and (3) the exercise of the « need to know » principle, i.e. access is necessary to do one`s job. Members of Congress as constitutionally elected officials are not normally subject to an approval investigation and the ISOO rule of implementation of SF 312 does not provide that members of Congress must sign SF 312 as a precondition for access to classified information. However, members of Congress are not exempt from meeting the « need to know » requirement. They are not by nature allowed to receive all classified information, but agencies provide the necessary access to Congress to carry out its legislative duties, for example for members of a commission or subcommittee charged with overseeing the programs of the classified executive.