"The Administration's most recent attempt to define 'classifiable' holds employees liable for disclosers of unclassified information, without any prior notice to them of its special status. Under Executive Order 12356, classified information is marked as such. Sec. 1.5. Even information that is in the process of a classification determination is given an interim classification marking for a 30-day period. Executive Order 12356, Sections 1.1(c), 1.(e). The employee is, therefore, aware of its special status. Without the classification markings on unclassified information, however, an employee cannot be sure that the nondisclosure agreements' restrictions apply to that material. Consequently, they must check with their supervisors, thereby alerting them to the disclosure. That invites a chilling effect. As then Congresswoman (now U.S. Senator) Barbara Boxer noted at the hearings: