Attachment 2 - Conditional Access to Sensitive Information Non Disclosure Agreement.pdf

Attachment 2

U.S. Department of the Treasury Contract____________ Task Order: __________________

Conditional Access to Sensitive Information Non-disclosure Agreement

I, ______________________, hereby consent to the terms in this Agreement in consideration of my being granted conditional access to certain United States Government documents or material containing sensitive information.

I understand and agree to the following terms and conditions:

1. By being granted conditional access to sensitive information, the United States Government has placed special confidence and trust in me and I am obligated to protect this information from unauthorized disclosure, in accordance with the terms of this Agreement.

2. As used in the Agreement, sensitive information is any information the loss, misuse, or unauthorized access to or modification of which could adversely affect the national interest or the conduct of Federal programs, or the privacy to which individuals are entitled under Title 5 U.S.C. 522a, but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy.

3. I am being granted conditional access contingent upon my execution of this Agreement for the sole purpose of participating in the Audit of the U.S. Department of the Treasury, its components, and the FISMA evaluation in connection with Contract ___________, Task Order: __________________. This approval will permit me conditional access to certain information, such as, but not limited to, financial transaction detail schedules and supporting documentation, internal control procedure documentation, internal and external communications documents, personnel data, payroll data, system access and controls documents, FISMA related policy, procedures, and artifacts, certification and accreditation documentation, incident response documentation, security awareness and specialized security training documentation, privacy program documentation, system configuration documentation, physical security data and/or to attend meetings and participate in related process walkthroughs in which such information is discussed or otherwise made available to me.

4. I will not divulge any sensitive information that is provided to me pursuant to this Agreement to anyone unless I have been advised in writing by the U.S. Department of the Treasury or its components, and in accordance with a written arrangement related to the official audit/investigative functions of the OIG for that particular matter. Should I desire to make use of any sensitive information, I will do so in accordance with paragraph 6 of this Agreement. I will submit to the U.S. Department of the Treasury or its component(s) for security review, prior to any submissions for publication, any book, article, column or other written work for general publication that is based upon any knowledge I obtained during the course of my work on the Audit of the U.S.

Department of the Treasury, its components, or the FISMA evaluation to ensure that no U.S. Department of the Treasury or its components’ sensitive information is disclosed.

5. I hereby assign to the United States Government all royalties, remunerations, and emoluments that have resulted, will result or may result from any disclosure, publication, or revelation of sensitive information not consistent with the terms of this Agreement.

6. Upon signing this non-disclosure agreement, I will be permitted access to official U.S. Department of the Treasury or its component’s documents containing sensitive information and understand that any copies must be protected in the same manner as the originals. Any notes taken during the course of such access must also be protected in the same manner as the originals.

7. If I violate the terms and conditions of this Agreement, I understand that the unauthorized disclosure of sensitive information could compromise U.S. Department of the Treasury or its component’s security.

8. If I violate the terms and conditions of this Agreement, such violation may result in the cancellation of my conditional access to sensitive information. This may serve as a basis for my being denied conditional access to U.S. Department of the Treasury or its component’s information, both classified and sensitive information in the future. If I violate the terms and conditions of this Agreement, the United States may institute a civil action for damages or any other appropriate relief. The willful disclosure of information to which I have agreed herein not to divulge may constitute a criminal offence.

9. Unless and until I am provided a written release by the U.S. Department of the Treasury or its components from this Agreement or any portions of it, all conditions and obligations contained in this Agreement apply both during my period of conditional access, which shall terminate at the conclusion of my work on the Audit of the U.S. Department of the Treasury, its components, and the FISMA evaluation, and at all times thereafter.

10. Each provision of this Agreement is severable. If a court should find any provisions of this Agreement unenforceable, all other provisions shall remain in full force and effect.

11. I understand that the United States Government may seek any remedy available to it to enforce this Agreement, including, but not limited to, application for a court order prohibiting disclosure of information in breach of this Agreement.

12. By granting me conditional access to information in this context, the United States Government does not waive any statutory or common law evidentiary privileges or protections that it may assert in any administrative or court proceeding to protect any sensitive information to which I have been given conditional access under the terms of this Agreement.

13. These restrictions are consistent with and do not supersede, conflict with or otherwise alter the employee obligations, rights or liabilities created by Executive Order 13526 or 13556; 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 (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats); the Intelligence Identities Protection Act of 1982 (50 USC 421 et seq.)(governing disclosures that could expose confidential Government agents), and the statutes that protect against disclosure that may compromise the national security, including Sections 641, 793, 794, 798, and 952 of Title 128, United States Code, and Section 4(b) of the Subversive Activities Act of 1950 (50 USC Section 783 (b)). The definitions, requirements, obligations, rights, sanctions and liabilities created by said Executive Order and listed statutes are incorporated into this Agreement and are controlling.

14. My execution of this Agreement shall not nullify or effect in any manner any other secrecy or nondisclosure Agreement which I have executed or may execute with the United States Government except within the Department of the Treasury as noted in item 8, above.

15. I make this Agreement in good faith, without mental reservation or purpose of evasion.

Name Date

Signature

This Agreement was accepted by the undersigned on behalf of the U.S. Department of the Treasury or its components as a prior condition on conditional access to sensitive information. Further release to any other third party requires execution of a nondisclosure agreement.

This Agreement was accepted by the undersigned on behalf of the U.S. Department of the Treasury or its components and the Office of Inspector General for conditional access to sensitive information. Further release and dissemination of the U.S. Department of the Treasury or its component’s sensitive information under this non-disclosure agreement must be in accordance with a written arrangement related to the official audit/investigative functions of the OIG for that particular matter. Further release to any other third party requires execution of a nondisclosure agreement.

U.S. Department of the Treasury Date or its component’s Signature

OIG Signature Date