D.9_-_NonDisclosure_Agreement_FERC.pdf

FEDERAL ENERGY REGULATORY COMMISSION (FERC) NONDISCLOSURE AGREEMENT

AN AGREEMENT BETWEEN

(Name of Individual - Printed or typed)

AND THE UNITED STATES

1. Intending to be legally bound, I accept the obligations contained in this Agreement in consideration for being granted access to data.

a. Data requires special handling and protection. I understand that by being granted access to data, special confidence and trust has been placed in me by the United States Government; failure to protect this data would constitute a breach of this trust.

b. There are many types of sensitive data. Sensitive data includes marked or unmarked "For Official Use Only"

(FOUO) data, including oral communications that meets the standards set by Executive Order 13526 and Office of Management and Budget (OMB) Circular A-130 Appendix III. Sensitive data also encompasses any data or systems of records protected from unauthorized disclosure by the provisions of Title 5, United States Code (U.S.C.) Sections 552 (often referred to as “The Freedom of Information Act”) and 552a (“The Privacy Act”.) Sensitive data can also be protected by other Federal Laws (such as “The Health Insurance Portability and Accountability Act”, Public Law 104-191.) In addition, sensitive data includes other categories of information, including (but not limited to) classified national security information, contract source selection information, medical, personnel, financial, investigatory, visa, law enforcement or other information which, if released, could result in harm or unfair treatment to any individual or group, or could have a negative impact upon individual privacy, federal programs, or foreign relations is also sensitive data. The term includes data whose improper use or disclosure could adversely affect the ability of FERC or elements of the Executive Branch to accomplish assigned missions, as well as proprietary data and information received from or through privileged sources. Data of this type requires special handling and protection; dissemination must be limited.

I understand and accept that by being granted access to sensitive data, special confidence and trust has been placed in me by the United States Government; failure to protect this data would constitute a breach of trust.

2. I have been given access to sensitive data to facilitate the performance of duties assigned to me for compensation. It is my responsibility to safeguard sensitive data disclosed to me, and to refrain from disclosing sensitive data to persons not requiring access for performance of official duties. Before disclosing sensitive data, I must determine the recipient's “need to know” or “need to access” sensitive data. I will first seek guidance from my supervisor; then from either the appropriate FERC contracting officer (if I am a contractor) or FERC’s Office of the General Counsel (if I am a FERC employee) prior to disclosing or releasing what may be sensitive data.

3. Any breach of this Agreement may result in the termination of my access to sensitive data. Unauthorized release or mishandling of sensitive data may be grounds for adverse action against me, including termination of my employment.

In addition, unauthorized disclosure of data protected by the Privacy Act may constitute a violation, or violations, of United States criminal law, and Federally-affiliated workers (including some contract employees) may be disciplined and fined up to $5,000.00.

4. All sensitive data that I access remains under the control of the United States Government. I will return all sensitive data in my possession or for which I am responsible: a) upon demand by an authorized representative of the United States Government, b) upon the conclusion of my work under this contract, or c) should my work no longer require access to sensitive data. The conditions and obligations of this Agreement shall continue to apply after my access to sensitive data has been terminated.

5. These restrictions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by Executive Order No. 12958, as amended; 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 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 USC 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.

6. Signing this Agreement does not bar disclosures to Congress or to an authorized official of an executive agency or the Department of Justice that are essential to reporting a substantial violation of law.

7. 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.

THIS NDA CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED

STATES; THE MAKER OF A FALSE, FICTITIOUS, OR FRAUDULENT NDA MAY BE CRIMINALLY

PROSECUTED UNDER 18 U.S.C. § 1001.

WITNESS ACCEPTANCE

THE EXECUTION OF THIS AGREEMENT WAS

WITNESSED BY THE UNDERSIGNED.

THE UNDERSIGNED ACCEPTED THIS AGREEMENT

BEFORE ACCESSING SENSITIVE DATA OF THE

UNITED STATES GOVERNMENT.

SIGNATURE AND DATE

SIGNATURE AND DATE

FERC Form 100-26 (Rev. 01/17) Page 2 of 2