NON-DISCLOSURE AGREEMENT

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Source: https://www.tsa.gov/sites/default/files/assets/pdf/nda_v2.pdf

 

DEPARTMENT OF HOMELAND SECURITY

 

NON-DISCLOSURE AGREEMENT

 

 

I, _______________________________________, an individual official, employee, consultant, or subcontractor of or to

_____________________ (the Authorized Entity), intending to be legally bound, hereby consent to the terms in this

Agreement in consideration of my being granted conditional access to certain information, specified below, that is owned

by, produced by, or in the possession of the United States Government.

 

(Signer will acknowledge the category or categories of information that he or she may have access to, and the signer’s willingness to comply with the standards for protection by placing his or her initials in front of the applicable category or categories.)

 

Initials:

Protected Critical Infrastructure Information (PCII)

 

I attest that I am familiar with, and I will comply with all requirements of the PCII program set out in the Critical

Infrastructure Information Act of 2002 (CII Act) (Title II, Subtitle B, of the Homeland Security Act of 2002, Public Law

107-296, 196 Stat. 2135, 6 USC 101 et seq.), as amended, the implementing regulations thereto (6 CFR Part 29), as

amended, and the applicable PCII Procedures Manual, as amended, and with any such requirements that may be

officially communicated to me by the PCII Program Manager or the PCII Program Manager’s designee.

 

Initials:

 

Sensitive Security Information (SSI)

 

I attest that I am familiar with, and I will comply with the standards for access, dissemination, handling, and

safeguarding of SSI information as cited in this Agreement and in accordance with 49 CFR Part 1520, “Protection of

Sensitive Security Information,” “Policies and Procedures for Safeguarding and Control of SSI,” as amended, and any

supplementary guidance issued by an authorized official of the Department of Homeland Security.

 

Initials:

 

Other Sensitive but Unclassified (SBU)

 

As used in this Agreement, sensitive but unclassified information is an over-arching term that covers any information,

not otherwise indicated above, which the loss of, misuse of, or unauthorized access to or modification of could adversely

affect the national interest or the conduct of Federal programs, or the privacy to which individuals are entitled under

Section 552a of Title 5, as amended, 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. This

includes information categorized by DHS or other government agencies as: For Official Use Only (FOUO); Official Use

Only (OUO); Sensitive Homeland Security Information (SHSI); Limited Official Use (LOU); Law Enforcement

Sensitive (LES); Safeguarding Information (SGI); Unclassified Controlled Nuclear Information (UCNI); and any

other identifier used by other government agencies to categorize information as sensitive but unclassified.

 

 

I attest that I am familiar with, and I will comply with the standards for access, dissemination, handling, and

safeguarding of the information to which I am granted access as cited in this Agreement and in accordance with the

guidance provided to me relative to the specific category of information.

 

 

1. I hereby acknowledge that I have received a security indoctrination concerning the nature and protection of information to which I have been provided conditional access, including the procedures to be followed in ascertaining whether other persons to whom I contemplate disclosing this information have been approved for access to it, and that I understand these procedures. I understand and agree to the following terms and conditions of my access to the information indicated above:

 

2. By being granted conditional access to the information indicated above, 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 and the laws, regulations, and directives applicable to the specifi c categories of information to which I am

granted access.

 

3. 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 specifi c 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.

 

4. 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.

 

5. (a) For PCII –

(1) Upon the completion of my engagement as an employee, consultant, or subcontractor under

the contract, or the completion of my work on the PCII Program, whichever occurs first, I will surrender promptly

to the PCII Program Manager or his designee, or to the appropriate PCII officer, PCII of any type whatsoever

that is in my possession.

 

(2) If the Authorized Entity is a United States Government contractor performing services in support of the PCII Program, I

will not request, obtain, maintain, or use PCII unless the PCII Program Manager or Program Manager’s designee

has first made in writing, with respect to the contractor, the certification as provided for in Section 29.8(c) of the

implementing regulations to the CII Act, as amended.

 

(b) For SSI and SBU - I hereby agree that material which I have in my possession and containing information covered by

this Agreement, will be handled and safeguarded in a manner that affords sufficient protection to prevent the unauthorized

disclosure of or inadvertent access to such information, consistent with the laws, regulations, or directives applicable to the

specific categories of information. I agree that I shall return all information to which I have had access or which is in my

possession 1) upon demand by an authorized individual; and/or 2) upon the conclusion of my duties, association, or support

to DHS; and/or 3) upon the determination that my official duties do not require further access to such information.

 

6. 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, in the case of SSI or SBU, 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 or, in the case of PCII, unless such alteration or removal is authorized by the PCII Program

Manager or the PCII Program Manager’s designee. 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.

 

7. 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.

 

8. 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.

 

9. (a) With respect to SSI and SBU, 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 the information

not consistent with the terms of this Agreement.

 

(b) With respect to PCII I hereby assign to the entity owning the PCII and the United States Government, all

royalties, remunerations, and emoluments that have resulted, will result, or may result from any disclosure,

publication, or revelation of PCII not consistent with the terms of this Agreement.

 

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

United States Government or the Authorized Entity. By granting me conditional access to information in this context, the

United States Government and, with respect to PCII, the Authorized Entity, 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.

 

11. Unless and until I am released in writing by an authorized representative of the Department of Homeland Security (if

permissible for the particular category of information), 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.

 

12. 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.

 

13. 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.

 

14. These restrictions 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 (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

USC 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 USC 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.

 

15. Signing this Agreement does not bar disclosures to Congress or to an authorized official of an executive agency

or the Department of Justice that are essential to reporting a substantial violation of law.

 

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

 

17. 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.

 

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

Signature:

Typed/Printed Name:

Government/Department/Agency/Business AddressTelephone Number:

Signature:

WITNESS: