Attachment OIG Non-Disclosure Agreement.pdf

DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL

NON-DISCLOSURE AGREEMENT

INTRODUCTION

The Department of Homeland Security (DHS or the Department) Office of Inspector General (OIG) was established by the Homeland Security Act of 2002 (Public Law 107−296) by amendment to the Inspector General Act of 1978. Pursuant to the Homeland Security and Inspector General Acts, DHS OIG provides independent oversight and promotes excellence, integrity, and accountability within the Department. Consistent with ensuring its statutory independence, DHS OIG requires all Department employees employed on a detail or other temporary basis to complete and sign a Non-Disclosure Agreement.

I, , an individual official, employee, detailee, consultant, or subcontractor of or to the Department of Homeland Security (DHS), Office of Inspector General (OIG), intending to be legally bound, hereby consent to the terms in this Non-Disclosure Agreement (Agreement) in consideration of my being granted conditional access to certain information that is owned by, produced by, or in the possession of the United States Government.

I attest that I am familiar with the standards for access, dissemination, handling, and safeguarding of all For Official Use Only (FOUO) information which are, set forth in Department of Homeland Security Management Directive 11042.1, Safeguarding Sensitive But Unclassified (For Official Use Only) Information, and I will comply with these standards and with the guidance provided to me relative to all FOUO information to which I am granted access.

I understand and agree to the following terms and conditions of my access to FOUO information:

1. I hereby acknowledge that by being granted conditional access to FOUO information, DHS OIG 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 and the laws, regulations, and directives applicable to the specific categories of information to which I am granted access.

2. I attest that I understand my responsibilities and that I am familiar with and will comply with the standards for protecting such information that I may have access to in accordance with the terms of this Agreement and the laws, regulations, and/ or directives applicable to the specific categories of information to which I am granted access. I understand that the United States Government may conduct inspections, at any time or place, for the purpose of ensuring compliance with the conditions for access, dissemination, handling and safeguarding information under this

Agreement.

3. I will not disclose or release any information provided to me pursuant to this Agreement without proper authority or authorization. Should situations arise that warrant the disclosure or release of such information I will do so only under approved circumstances and in accordance with the laws, regulations, or directives applicable to the specific categories of information. I will honor and comply with any and all dissemination restrictions cited or verbally relayed to me by the proper authority.

4. I hereby agree that I will not alter or remove markings, which indicate a category of information or require specific handling instructions, from any material I may come in contact with, unless such alteration or removal is consistent with the requirements set forth in the laws, regulations, or directives applicable to the specific category of information. I agree that if I use information from a sensitive document or other medium, I will carry forward any markings or other required restrictions to derivative products, and will protect them in the same matter as the original.

5. I hereby agree that I shall promptly report to the appropriate official, in accordance with the guidance issued for the applicable category of information, any loss, theft, misuse, misplacement, unauthorized disclosure, or other security violation, I have knowledge of and whether or not I am personally involved. I also understand that my anonymity will be kept to the extent possible when reporting security violations.

6. If I violate the terms and conditions of this Agreement, such violation may result in the cancellation of my conditional access to the information covered by this Agreement. This may serve as a basis for denying me conditional access to other types of information, to include classified national security information.

7. This Agreement is made and intended for the benefit of the United States Government and may be enforced by the

United States Government. By granting me conditional access to information in this context, 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. I understand that if I violate the terms and conditions of this Agreement, I could be subjected to administrative, disciplinary, civil, or criminal action, as appropriate, under the laws, regulations, or directives applicable to the category of information involved and neither the United States

Government nor the Authorized Entity have waived any statutory or common law evidentiary privileges or protections that they 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.

DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL

8. Unless and until I am released in writing by an authorized representative of DHS OIG, I understand that all conditions and obligations imposed upon me by this Agreement apply during the time that I am granted conditional access, and at all times thereafter.

9. 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.

10. My execution of this Agreement shall not nullify or affect in any manner any other secrecy or non-disclosure

Agreement which I have executed or may execute with the United States Government or any of its departments or agencies.

11. These provisions 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 (USC) (governing disclosures to Congress); Section 1034 of Title 10, USC, as amended by the Military

Whistleblower Protection Act (governing disclosure to Congress by members of the military); Section 2409 of Title 10, USC (governing disclosures by DOD and NASA contractor employees); Section 2302(b)(8) of Title 5, USC, as amended by the Whistleblower Protection Act (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats); Section 4712 of Title 41, USC (governing contractor employee disclosures); the Intelligence Identities Protection

Act of 1982 (50 USC 421 et seq.) (governing disclosures that could expose confidential Government agents); Section

3001(j) of the Intelligence Reform and Terrorism Prevention Act of 2004, as amended (50 USC 3341(j), “Security

Clearances”); and the statutes which protect against disclosure that may compromise the national security, including

Sections 641, 793, 794, 798, and 952 of Title 18, USC, and Section 4(b) of the Subversive Activities Act of 1950 (50 USC

783(b)), 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.

12. I represent and warrant that I have the authority to enter into this Agreement.

13. I have read this Agreement carefully and my questions, if any, have been answered. I acknowledge that the briefing officer has made available to me any laws, regulations, or directives referenced in this document so that I may read them at this time, if I so choose.

DEPARTMENT OF HOMELAND SECURITY

OFFICE OF INSPECTOR GENERAL

Acknowledgement

Typed/Printed Name: Government/Department/Agency/Business Address Telephone Number:

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

Signature: Date:

WITNESS:

Typed/Printed Name: Government/Department/Agency/Business Address Telephone Number:

Signature: Date:

This form is not subject to the requirements of P.L. 104-13, "Paperwork Reduction Act of 1995" 44 USC, Chapter 35.

Version dated 11/4/19.