Attachment 09- NDA Rural Development.pdf

NON-DISCLOSURE AGREEMENT (DM3550-02)

02/24/2016 Page 1 of 3 Rev 0.

Conditional Access to USDA Sensitive but Unclassified Information Non-disclosure Agreement

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 :

This approval will permit me conditional access to certain information related to my assigned work only and / or to attend meetings in which such information is discussed or otherwise made available to me. This agreement will not allow me access to materials to which USDA or USDA Rural Development 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 will 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 USDA or USDA Rural Development that the individual is authorized to receive it. Should I desire to make use of any sensitive but unclassified information, I will do so in accordance with this Agreement. I will submit to the USDA or USDA Rural Development 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 for the USDA or USDA Rural Development 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, will result or may result from any disclosure, publication, or revelation of sensitive but unclassified information not consistent with the terms of this Agreement.

02/24/2016 Page 2 of 3 Rev 0.

If I am permitted, at the sole discretion of USDA or USDA Rural Development, to review any official documents containing sensitive but unclassified information, such review will be conducted at a secure USDA or USDA Rural Development facility or under circumstances which have been approved by the USDA to maintain the security protection of such material. I will not be permitted to and will 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 will remain at USDA or USDA Rural Development, to be placed in secure storage unless it is determined by USDA or USDA Rural Development officials that the notes contain no sensitive but unclassified information. If I wish to have the notes released to me, USDA or USDA Rural Development officials will 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 will remain sealed in secure storage at the USDA or USDA Rural Development.

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 Rural Development.

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 Rural Development 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 USDA or USDA Rural Development 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 after my work on:

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 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.

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.

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These provisions are consistent with and do not supersede, conflict with or otherwise alter the employee obligations, rights or liabilities created by 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 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.

Sign: _______________________ _______________________ Name:

Date:

This Agreement was accepted by the undersigned on behalf of the USDA or USDA Rural Development as a prior condition of conditional access to sensitive but unclassified information required for the completion of official duties on:

Sign:___________________________________ _______________________ Authorized Government Official of USDA:

Date: