Template - NDA Form (JAN 2024) Non-Disclosure Agreement for Access to Controlled Unclassified Information.pdf

U.S. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives Non-Disclosure Agreement for Access to

Controlled Unclassified Information

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) must ensure the security of Controlled Unclassified Information. Controlled Unclassified Information is information the Government creates or possesses, or that an entity creates or possesses for or on behalf of the Government, that a law, regulation, or Government-wide policy requires or permits an agency to handle using safeguarding or dissemination controls. This information includes, but is not limited to, any information regarding the security of government personnel or property, non-public information regarding proprietary business interests, information that would interfere with ongoing law enforcement investigations or prosecutions, and information that is specifically protected by statute, such as information pertaining to an individual within a government system of records protected by 5 U.S.C. § 552a (the Privacy Act), tax return information protected by 26 U.S.C. § 6103, Grand Jury information protected by Rule 6(e) of the Federal Rules of Criminal Procedure, work-product and deliberative-process privileged information and any other information protected or limited from dissemination by statute, regulation, government-wide policy or recognized privilege. The information defined herein is further protected from dissemination by 18 U.S.C. § 1905. All employees and non-ATF personnel (e.g., contractors, task force officers, and volunteers) must review and acknowledge their responsibilities to protect this information by signing this Agreement. Once signed, this Agreement must be accepted by an authorized ATF official prior to employees or non-ATF personnel being granted access, continued access, or future access to Controlled Unclassified Information.

Agreement Certification

I, , hereby consent to the terms in this Agreement in consideration of my being granted conditional access to certain Uni nts or material created by or in support of ATF, which contains Controlled Unclassified Information. I understand and agree to the following terms and conditions:

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1. By being granted conditional access to Controlled 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.

2. As stated in this Agreement, Controlled Unclassified Information is any information in which the loss, misuse, or unauthorized access to could adversely impact or cause harm to ATF’s mission, assets, or the privacy to which individuals are entitled under Title 5 U.S.C. § 552a, but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be classified in the interest of national defense, foreign policy or relations.

3. I am being granted conditional access to Controlled Unclassified Information belonging to or in support of ATF contingent upon my execution of this Agreement. This approval will permit me conditional access to certain Controlled Unclassified Information (including case files, documents, memoranda, reports, testimonies, deliberations, maps, drawings, schematics, plans, assessments, etc.) and/or to attend meetings in which such information is discussed or otherwise made available to me as part of my official duties.

4. I will never divulge any Controlled Unclassified Information that is provided to me pursuant to this Agreement unless the release of the material is authorized by the appropriate ATF supervisor or sponsor or has been approved in writing by the Office of Professional Responsibility and Security Operations (OPRSO), Security and Emergency Programs Division (SEPD), Information Security Branch (ISB). Should I desire to make use of any Controlled Unclassified Information for which I was authorized access, I will do so in accordance with paragraph 6 of this Agreement. I will submit to the SEPD/ISB any Controlled unclassified Information for a security requirements review, prior to the release of any book, article, column or other written work for general publication that is based upon any knowledge I obtained during the course of my ATF work assignments to ensure that no sensitive information is disclosed by this release or publication.

5. I am obligated to protect Controlled Unclassified Information to which I am granted access from unauthorized disclosure in accordance with Executive Order 13556, Controlled Unclassified Information, 32 Code of Federal Regulations 2002, Controlled Unclassified Information, DOJ Order 1703, applicable laws, regulations, or government wide policies related to the Controlled Unclassified information, or specific guidance issued by ATF’s Assistant Director, Office of Professional Responsibility and Security Operations (OPRSO)/Chief Security Officer to which I am granted access.

6. I agree that I shall promptly report to appropriate officials any unauthorized disclosure that I have knowledge of whether or not I am personally involved. I also understand that my anonymity will be preserved to the extend possible when reporting such violations.

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

8 Upon signing this Non-Disclosure Agreement, I will be permitted access to official ATF documents containing Controlled Unclassified Information (as authorized in the performance of official duties) and understand that any copies must be protected in the same manner as the originals. Any notes taken during the course of such access must also be protected in the same manner as the originals.

9. If I violate the terms and conditions of this Agreement, I understand that the unauthorized disclosure of Controlled Unclassified Information could compromise the security of ATF’s operations.

ATF Form 8800. 6 Revised January 2024

10. If I violate the terms and conditions of this Agreement, such violation may result in the cancellation of my conditional access to unclassified sensitive information. This may serve as a basis for my being denied access to ATF information, both classified and unclassified sensitive, in the future. In addition, if I violate the terms and condition of this Agreement, the United States Government may institute a civil action for damages or any other appropriate relief. The willful disclosure of Controlled Unclassified information to which I have agreed herein not to divulge may constitute a criminal offense. Violation of this agreement or failure to sign this form may result in disciplinary action, including termination of employment.

11. Unless and until I am provided a written release by ATF from this Agreement or any portions of it, all conditions and obligations contained in this Agreement apply during and after my period of access to the Controlled Unclassified Information.

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

13. 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.

14. By granting me conditional access to information in 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 Controlled Unclassified Information to which I have been given conditional access under the terms of this Agreement.

15. 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.

16. My execution of this Agreement shall not nullify or effect in any manner any other secrecy or non-disclosure agreement which I have executed or may execute with the United States Government except within the ATF as noted in item 8, above.

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

By signing below, I acknowledge my responsibilities to protect Controlled Unclassified Information and agree to the terms and conditions outlined in this Agreement.

Name: (print) Signature: (sign in ink) Date:

Agreement Acceptance This Agreement was accepted by the undersigned on behalf of ATF as a prior condition of access to Controlled Unclassified Information. Further release to any other third party requires execution of a non-disclosure agreement.

Name of Authorized ATF Official: (print) Signature: (sign in ink) Date:

ATF Form 8800. 6 Revised January 2024

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