Sensitive but Unclassified Nondisclosure Form.docx

SENSITIVE BUT UNCLASSIFIED INFORMATION

NONDISCLOSURE AGREEMENT

An agreement between _________________________________________ and the United States.

(Name – Printed or Typed)

1. Intending to be legally bound, I hereby accept the obligations contained in this Agreement in consideration of my being granted access to information or material that is sensitive but unclassified (SBU). SBU information is information the disclosure of which could adversely impact a person’s privacy or welfare, the conduct of Federal programs, or other operations essential to the national interest and that is not otherwise covered by a statute or regulation. Access to SBU information is based on a “need-to-know” as determined by the holder of the information.

2. I understand that the unauthorized disclosure, unauthorized retention, or negligent handling of SBU information by me could cause irreparable injury to the United States or be used to advantage by a foreign nation. I hereby agree that I will never divulge anything marked as SBU or that I know to be SBU information to anyone who is not authorized to receive it without prior written authorization from Federal Prison Industries (trade name “UNICOR”).

3. I agree that SBU information in my possession will be handled and safeguarded in a manner that affords sufficient protection to prevent the unauthorized disclosure of or inadvertent access to such information.

4. I shall safeguard SBU information at all times, in all forms, and on all devices or systems. I understand that I am not allowed to mail, electronically forward, or send the information to any personal email account or device.

5. When unattended, SBU information shall be stored in a locked filing cabinet, locked desk drawer, or a similar locked compartment. SBU information can also be stored in a room or area that has sufficient physical access control measures to afford adequate protection and prevent unauthorized access by persons without the need-to-know, such as a locked room or an area where access is controlled by a guard or card reader. Laptop computers and other media containing SBU information will similarly be stored and protected to prevent loss, theft, unauthorized access, and unauthorized disclosure.

6. When the SBU information is no longer needed, it must be destroyed such that the information is rendered unreadable and incapable of being restored, in accordance with the guidelines for media sanitization within Appendix A of NIST Special Publication 800-88, Guidelines for Media Sanitization, or returned to UNICOR.

7. I shall notify UNICOR that all SBU information has been destroyed or returned to UNICOR.

8. I shall immediately inform UNICOR of any attempt by any unauthorized person to gain access to the SBU information and shall also promptly report any loss, theft, misuse, misplacement, unauthorized disclosure, or other security violation I become aware of.

9. In the event of any unauthorized disclosure of, loss of, or inability to account for, the SBU information, I shall take all actions that may be necessary or reasonably requested by UNICOR to minimize the violation and mitigate any damages resulting from the disclosure.

10. If I violate the terms and conditions of this Agreement such violation may result in the cancellation of my access to the information covered by this Agreement. This may serve as a basis for denying me access to other information.

11. 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 SBU information involved and neither the United States Government nor UNICOR 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 access under the terms of this Agreement.

12. 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. I understand that the action can be brought against me in any appropriate United States District Court where the United States Government may elect to file the action. Court costs and reasonable attorney’s fees incurred by the United States Government may be assessed against me if I lose such action.

13. I understand that all SBU information to which I may obtain access by signing this Agreement is now and will remain the property of the United States Government unless and until otherwise determined by an appropriate official or final ruling of a court of law. Subject to such determination, I do not now, nor will I ever, possess any right, interest, title, or claim whatsoever to such information.

14. I hereby assign to the United States Government all rights, title, and interest, and all royalties, remunerations, and emoluments that have resulted, will result, or may result from any disclosure, publication, or revelation not consistent with the terms of this Agreement.

15. I understand that all conditions and obligations imposed on me by this Agreement apply during the time I am granted access to SBU information, and at all times thereafter.

16. Each provision of this Agreement is severable. If a court should find any provision of this Agreement to be unenforceable, all other provisions of this Agreement shall remain in full force and effect. This Agreement concerns SBU information and does not set forth such other conditions and obligations not related to SBU information as may now or hereafter pertain to my relationship with UNICOR.

17. This Agreement shall be interpreted under and in conformance with the laws of the United States.

18. I have read this Agreement carefully and my questions, if any, have been answered to my satisfaction.

19. I represent and warrant that I have the authority to enter into this Agreement and I make this Agreement without any mental reservation or purpose of evasion.

SENSITIVE BUT UNCLASSIFIED INFORMATION

NONDISCLOSURE AGREEMENT ACKNOWLEDGEMENT