Attachment_1_-_Non-Disclosure_Agreement.pdf

Conditional Access to Sensitive Information

Nondisclosure Agreement

(Note: This Nondisclosure Agreement can be found in the Department of the Treasury Security Manual, TDP 15-71, Chapter II, Section 2, Investigative Requirements for Contract Employees. Further instructions on when to use a Nondisclosure Agreement may be found in the TDP 15-71, Chapter II, Section 2, #8, Nondisclosure Agreement for Sensitive Information. (Go to: http://intranet.treas.gov/securitymanual/td15- 71/documents/Ch2_Sec2.pdf.)

There are three pages to this Nondisclosure Agreement:

I, ____________________________, an employee of ______[contractor]__________, hereby consents to the terms in this Nondisclosure 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 USC 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 (identify the nature of contract work or special project). This approval will permit me conditional access to certain information, (identify type(s) of information, e.g., e-mail, documents, memoranda, reports, testimony, deliberations, maps, drawings, schematics, plans, assessments, etc.)

and/or to attend meetings in which such information is discussed or otherwise made available to me.

4. I will never divulge any sensitive information that is provided to me pursuant to this

Agreement to anyone unless I have been advised in writing by (identify the bureau or in the case of bureau sensitive information released to the Office of Inspector General (OIG) or Treasury Inspector General for Tax Administration (TIGTA), or the Special Inspector General for the Troubled Asset Relief Program (SIGTARP) in accordance with a written arrangement related to the official audit/investigative functions of the OIG or TIGTA or SIGTARP for that particular matter). Should I http://intranet.treas.gov/securitymanual/td15-71/documents/Ch2_Sec2.pdf http://intranet.treas.gov/securitymanual/td15-71/documents/Ch2_Sec2.pdf http://intranet.treas.gov/securitymanual/td15-71/documents/Ch2_Sec2.pdf http://intranet.treas.gov/securitymanual/td15-71/documents/Ch2_Sec2.pdf 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 IRS 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 (name the project) to ensure that no IRS 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 Nondisclosure Agreement, I will be permitted access to official IRS 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 IRS 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 the IRS 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 IRS 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 (name of project/contract), 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.

Print Name Date

Signature Contract/Order Number

This Agreement was accepted by the undersigned on behalf of the IRS as a prior condition on conditional access to sensitive information. Further release to any other third party requires execution of a nondisclosure agreement.

Print Name (Contracting Officer) Date

Contracting Officer’s Signature

When information is shared with the Office of Inspector General or the Treasury Inspector General for Tax Administration or the Special Inspector General for TARP, for official audit/investigative purposes, the following statement must be added below the signature line.

“This Agreement was accepted by the undersigned on behalf of the (IRS and (either the Office of Inspector General, Treasury Inspector General for Tax Administration, or Special Inspector General for TARP, as applicable) for conditional access to sensitive information. Further release and dissemination of IRS sensitive information under this Nondisclosure Agreement must be in accordance with a written arrangement related to the official audit/investigative functions of the OIG or TIGTA or SIGTARP for that particular matter. Further release to any other third party requires execution of a nondisclosure agreement.”

(IRS Name and Signature) Date

(OIG or TIGTA or SIGTARP signatory) Date