The Office of the Director of National Intelligence (ODNI) issued a notice on August 28 that future updated versions of its Standard Form 312, entitled Classified Information Nondisclosure Agreement, will conform to the requirements of the Whistleblower Protection Enhancement Act of 2012, which was enacted into law on November 27, 2012.
The updated form will include the following language:
“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 After “the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et
seq.) (governing disclosures that could expose confidential Government 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.”
The language in section 10 of the current Standard Form 312 will now appear in a new section 11, says the notice published by ODNI in the Federal Register on Aug. 28.
The whistleblower law of 2012 strengthens the protections for federal employees who disclose evidence of waste, fraud, or abuse.
“In addition, the WPEA modifies rules on the use of nondisclosure policies, forms, or agreements by government agencies,” explains the notice. “Agencies are required to update any nondisclosure policies, forms, or agreements to conform to the new requirements in the WPEA.”
Further information about this revised language is available from Jennifer Hudson, of ODNI’s information management division.