Attachment_10_Non-Disclosure_Agreement.pdf

CONDITIONAL ACCESS TO USDA SENSITIVE BUT UNCLASSIFIED INFORMATION

NON-DISCLOSURE AGREEMENT (DM3550-02)

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

I understand and agree to the following terms and conditions:

By being granted conditional access to sensitive but unclassified 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.

As used in this Agreement, sensitive but unclassified information is any information which the loss, misuse, or unauthorized access to of 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 Section 552a, 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 the national defense or foreign policy.

I am being granted conditional access contingent upon my execution of this Agreement for the sole purpose of (identify the nature of TO work or special project). This approval shall permit me conditional access to certain information, (identify type(s) of information, e.g., 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. This agreement shall not allow me access to materials to which (the United States Department of Agriculture (USDA) or USDA RD /Office) has predetermined, in its sole discretion, are inappropriate for disclosure pursuant to this Agreement. This may include sensitive but unclassified information provided to USDA by other agencies of the United States Government.

I shall never divulge any sensitive but unclassified information, which is provided to me pursuant to this Agreement to anyone, unless I have been advised in writing by (the USDA or USDA RD / Office) that the individual is authorized to receive it. Should I desire to make use of any sensitive but unclassified information, I shall do so in accordance with this Paragraph 6 of this Agreement. I shall submit to the USDA or USDA RD / Office for security review, prior to the submission for publication, any book, article, column or other written work for the general publication that is based on any knowledge I obtained during my work on (name of project) in order for the (USDA or USDA RD / Office) to ensure that no sensitive but unclassified information is disclosed.

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

If I am permitted, at the sole discretion of (the USDA or USDA RD / Office), to review any official documents containing sensitive but unclassified information, such review shall be conducted at a secure USDA or USDA RD / Office facility or under circumstances which have been approved by the USDA to maintain the security protection of such material. I shall not be permitted to and shall not make any copies of documents or parts of documents to which conditional access is granted to me. Any notes taken during the course of such access shall remain at (the USDA or USDA RD / Office), to be placed in secure

Attachment 10 storage unless it is determined by (the USDA or USDA RD / Office) officials that the notes contain no sensitive but unclassified information. If I wish to have the notes released to me, (USDA or USDA RD / Office) officials shall review the notes for the purposes of deleting any sensitive but unclassified information to create a redacted copy of the notes. If I do not wish a review of any notes that I make, those notes shall remain sealed in secure storage at the (USDA or USDA RD / Office).

If I violate the terms and conditions of this Agreement, I understand that the unauthorized disclosure of sensitive but unclassified information could compromise the security of the (USDA or USDA RD/Office).

If I violate the terms and conditions of this Agreement, such violation may result in the cancellation of my conditional access to sensitive but unclassified information. This may serve as a basis for denying me conditional access to (USDA or USDA RD/Office) information, but classified and sensitive but unclassified 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 therein not to divulge may constitute a criminal offense.

Unless and until I am provided a written release by (the USDA or USDA RD/Office) 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 / TO), at all times thereafter.

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

I understand that the Unites 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.

By granting me conditional access to information I 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 but unclassified information to which I have been given conditional access under the terms of this Agreement.

These restrictions are consistent with and do not supersede, conflict with or otherwise alter the employee obligations, rights or liabilities created by Executive Order 12356; Section 7211 of Title 5, United States Code (governing disclosures to Congress); 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 Protection Act of 1982 (50 U.S.C.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 U.S.C.

Section 783(b)). The definitions, requirements, obligations, rights, sanctions and liabilities created by said Executive Order and listed statues are incorporated into this Agreement and are controlling.

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.

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

Name Date

This Agreement was accepted by the undersigned on behalf of the (USDA or USDA RD / Office) as a prior condition of conditional access to sensitive but unclassified information required for the completion of official duties on (Project of TO Name / number).

(Authorized Government Official of USDA Date or USDA RD / Office)