TIGTA_Non_Disclosure_Agreement.pdf

DEP ARTMENT OF THE TRE ASURY

WASHINGTON, D.C. 20005

Attachment 1

(Contract Services for the TIGTA) Conditional Access to Sensitive but Unclassified Information

Non-Disclosure Agreement

I, on behalf of, hereby consent to the terms in this Agreement in consideration of my 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:

1. By being granted conditional access to (Treasury Department - TIGTA) sensitive but unclassified information (SBU), 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 used in this Agreement, sensitive but unclassified information is any government information, the loss, misuse, or unauthorized access to or 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. § 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 national defense or foreign policy.

3. I am being granted conditional access contingent upon my execution of this Agreement for the sole purpose of providing contract services as described in TIGTA contract No.

TBD_______ (including authorized SBU information, documents, and/or to attend meetings in which such SBU information is discussed or otherwise made available to me). This Agreement will not allow me access to materials which the (Treasury Department - TIGTA) has predetermined, in its sole discretion, are inappropriate for disclosure pursuant to this Agreement - this may include sensitive but unclassified information provided to Treasury by other agencies of the United States Government

4. 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 (the Treasury Department - TIGTA) 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 paragraph 6 of this Agreement. I will submit to the (Treasury Department - TIGTA) for security review, prior to any submission for publication, any book, article, column or other written work for general publication that is based upon any knowledge I obtained during the course of my association with the (Treasury Department - TIGTA) to ensure that no sensitive but unclassified information is dis-closed.

INSPECTOR GENERAL

FOR TAX

ADMINISTRATION

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5. I hereby assign to the United States Government all royalties, remunerations, and emoluments that have resulted, will result or may result from any disclosure, publi-cation, or revelation of sensitive but unclassified information not consistent with the terms of this Agreement

6. If I am permitted, at the sole discretion of the (Treasury Department - TIGTA), to review any official documents containing sensitive but unclassified information, such review will be conducted at a secure facility or under circumstances which will 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 the (Treasury Department - TIGTA), to be placed in secure storage unless it is determined by (Treasury - TIGTA) officials that the notes contain no sensitive but unclassified information, if I wish to have the notes released to me, (Treasury - TIGTA) 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 in sealed in secure storage at the (Treasury Department - TIGTA).

7. If I violate the terms and conditions of this Agreement, I understand that the unau-thorized disclosure of sensitive but unclassified information could compromise the security of the (Treasury Department - TIGTA),

8. 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 (Treasury Department - TIGTA) information, both 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 offence.

9. Unless and until I am provided a written release by the (Treasury Department - TIGTA) 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 (providing contract services as described in TIGTA contract No. TBD____ (including authorized SBU information, documents, and/or to attend meetings in which such SBU information is discussed or otherwise made available to me). and at all times thereafter.

10. 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.

11. 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.

12. 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 sensitive but unclassified information to which I have been given conditional access under the terms of this Agreement.

13. 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 1034 of Title 10, United States Code, as amended by the Military Whistleblower Protection Act (governing disclosure to Congress by members of the military); 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 Identities 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 statutes are incorporated into this Agreement and are controlling.

14. Notices of Criminal and Civil Sanctions

a. Each officer or employee of any person (contractor or subcontractor) to whom returns or return information, as defined in 26 U.S.C § 6103(b), is or may be disclosed shall be notified in writing by such person that any return or return information made available in any format shall be used only for the purpose of carrying out the provisions of (insert contract number). Any further disclosure of any such returns or return information for a purpose or to an extent not authorized constitutes a felony punishable upon conviction by a fine of as much as $5,000 or imprisonment for as long as five years, or both, together with the costs of prosecution. Any such unauthorized future disclosures or returns or return information may also result in an award of civil damages against the officer or employee in an amount not less than $1,000 with respect to each instance of unauthorized disclosure or the sum of the actual damages sustained by the plaintiff as a result of such unauthorized disclosure. In the case of willful disclosure or a disclosure which is the result of gross negligence, punitive damages, plus the cost of the action can be imposed. These penalties are prescribed by 26 U.S.C. §§ 7213 and 7431 and set forth at 26 C.F.R. § 301.6103(n).

b. Each officer or employee of any person (contractor or subcontractor) to whom returns or return information, as defined in 26 U.S.C § 6103(b), is or may be disclosed shall be notified in writing by such person that any return or return information made available in any format shall be used only for the purpose of carrying out the provisions of (insert contract number). Inspection of any such returns or return information for a purpose or to an extent not authorized constitutes a criminal misdemeanor punishable by conviction by a fine of as much as $1,000 or imprisonment for as long as 1 year, or both, together with the costs of prosecution. Any such unauthorized inspection of returns or return information may also result in an award of civil damages in an amount equal to the sum of the greater of $1,000 for each act of unauthorized inspection with respect to which such defendant is found liable or the sum of the actual damages sustained by the plaintiff as a result of such unauthorized inspection. In the case of a willful inspection or an inspection which is the result of gross negligence, punitive damages, plus the cost of the action can be imposed. These penalties are prescribed by 26 U.S.C. §§ 7213A and 7431 and set forth at 26 C.F.R. § 301.6103(n).

c. Each officer or employee of any person (contractor or subcontractor) to whom any sensitive but unclassified information is or may be disclosed shall be notified in writing by such person that any Sensitive But Unclassified information disclosed can only be used for the purpose of carrying out the provisions of (insert contract number). Any further disclosure of any such sensitive but unclassified information, by any means, for a purpose or to an extent unauthorized, may subject the offender to criminal sanctions imposed by 18 U.S.C. § 641, which provides in pertinent part that whoever knowingly converts to his or her use or the use of another, or without authority sells, conveys, or disposes of any record of the United States or whoever receives the same with the intent to convert it to his or her use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine or imprisoned up to ten years or both.

d. Penalties for improper disclosure of individually identifiable information are imposed by the Privacy Act of 1974, 5 U.S.C. § 552a. Specifically, 5 U.S.C. § 552a(i)(1) provides that any officer or employee, who by virtue of his or her employment or official position, has possession of or access to agency records which contain individually identifiable information, the disclosure of which is prohibited by the Privacy Act or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000.

15. The Treasury Inspector General for Tax Administration shall have the right to send its officers and employees into the offices and plants of the contractor for inspection of the facilities and operations provided for the performance of any work under this contract. On the basis of such inspection, the Contracting Officer may require specific measures in cases where the contractor is found to be noncompliant with contract safeguards.

16. 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

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

Signature Date

This Agreement was accepted by the undersigned on behalf of the Department of the Treasury

– Treasury Inspector General for Tax Administration as a prior condition of conditional access to sensitive but unclassified information.

Signature Date

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