The "Classified Information Nondisclosure Agreement, Standard Form 312" (SF 312) was revised in July 2013 by the Office of the Director of National Intelligence (ODNI) to conform with two new federal statutes:
- The Financial Services and General Government Appropriations Act (Public Law 112-74); and
- Whistleblower Protection Enhancement Act (WPEA) (Public Law 112-199).
The WPEA strengthens protections for federal employees who disclose evidence of waste, fraud, or abuse. The WPEA requires that each agreement contained in an SF 312, "Classified Information Nondisclosure Agreement", IC 4414, "Sensitive Compartmented Information (SCI) Nondisclosure Agreement", and any other Government Nondisclosure Agreement (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 statue 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 lieu of having individuals who signed previous versions of the SF 312 sign a new form, the WPEA allows for the posting of this notice on an agency website, along with the following list of Executive Orders and statutory provisions, which are controlling in the case of any conflict with an 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)).
For additional questions please contact Mary Gallion from the Office of Security Policy at 301-903-4804 or firstname.lastname@example.org