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.
The “Classified Information Nondisclosure Agreement, Standard Form 312” (SF 312) 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 SF 312 dated 7-2013 is posted in the General Services Administration (GSA) forms library on its website and can be directly downloaded http://www.gsa.gov/portal/forms/download/116218.
The WPEA requires that each agreement contained in an SF 312, and 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 SF 312 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 SF 312 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: