ICCB - Bethesda
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The Office of the National Counterintelligence Executive will provide effective leadership and support to the counterintelligence and security activities of the US Intelligence Community, the US Government, and US private sector entities who are at risk of intelligence collection or attack by foreign adversaries.


ONCIX Mission


Form 4414

The “Sensitive Compartmented Information Nondisclosure Agreement, Form 4414,” dated 12-2013 was revised by the ODNI to reflect language required by two new statutes; 2011 Public Law 112-74 Financial Services and General Government Appropriations Act and 2012 Public Law 112-199 Whistleblower Protection Enhancement Act (WPEA). The WPEA (law) strengthens protections for those personnel who disclose evidence of waste, fraud, or abuse. The WPEA further modifies rules on the use of non-disclosure policies, forms, or agreements by government agencies.


The revised Form dated 12-2013 can be accessed by clicking here. Please refrain from using earlier editions of the Form 4414.


The WPEA requires that each agreement contained in the Form 4414, or any other Government NDA contain the following statement:


“These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling.”


In the case of Form 4414 agreements in effect before the WPEA’seffective date (27 December 2012), and those executed between the effective date and publication of this notice, the law allows agencies to continue to enforce a policy, form, or agreement that does not contain the statement if the agency gives an employee notice of the above required statement. Agencies making use of Form 4414 shall also post the above required statement on the agency’s website, accompanied by the specific list of controlling Executive Orders and statutory provisions.


The following is a list of “Executive Orders and statutory provisions,” which are controlling in the case of any conflict with an agency’s NDA:


  • Executive Order No. 13526;
  • 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 of 1989 (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats);
  • Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures that could expose confidential Government agents);
  • The statutes which protect against disclosure that may compromise the national security, including sections 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. 783(b)).

IMPORTANT NOTES:

  1. Previously executed Form 4414s do not need to be re-signed by incumbent individuals, and are still enforceable provided agency give employees notice of the required statutory statement, listed above.

  2. Electronic Signatures – Both the 32 CFR § 2001.80, Subpart H as well as ISOO Notice 2009-16 prohibits use of Electronic Signatures on the Standard Form 312 and both are still in effect. This restriction also applies to Form 4414. Currently the ODNI has no plans to update the policy in the near future.

  3. This announcement and instructions equally applies across the board to all agencies, facilities and persons who have previously executed a Form 4414 whether Civil Service, Military or Civilian Contractor.
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