Sec. 115. NONDISCLOSURE POLICIES, FORMS, AND AGREEMENTS
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## SEC. 115 NONDISCLOSURE POLICIES, FORMS, AND AGREEMENTS **[**[5 U.S.C. 2302 note](/us/usc/t5/s2302)**]** ###
(a)In General ####
(1)Requirement Each agreement in Standard Forms 312 and 4414 of the Government and any other nondisclosure policy, form, or agreement of the Government shall contain the following statement: “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.”. ####
(2)Agency websites Agencies making use of any nondisclosure policy, form, or agreement shall also post the statement required under paragraph
(1)on the agency website, accompanied by the specific list of controlling Executive orders and statutory provisions. ####
(3)Enforceability #####
(A)In general Any nondisclosure policy, form, or agreement described under paragraph
(1)that does not contain the statement required under paragraph
(1)may not be implemented or enforced to the extent such policy, form, or agreement is inconsistent with that statement. #####
(B)Nondisclosure policy, form, or agreement in effect before the effective date With respect to a nondisclosure policy, form, or agreement that was in effect before the effective date of this Act, but that does not contain the statement required under paragraph
(1)for implementation or enforcement— ######
(i)it shall not be a prohibited personnel practice to enforce that policy, form, or agreement with regard to a current employee if the agency gives such employee notice of the statement; and ######
(ii)it shall not be a prohibited personnel practice to enforce that policy, form, or agreement after the effective date of this Act with regard to a former employee if the agency complies with paragraph (2). ###
(b)Persons Other Than Government Employees Notwithstanding subsection (a), a nondisclosure policy, form, or agreement that is to be executed by a person connected with the conduct of an intelligence or intelligence-related activity, other than an employee or officer of the United States Government, may contain provisions appropriate to the particular activity for which such document is to be used. Such policy, form, or agreement shall, at a minimum, require that the person will not disclose any classified information received in the course of such activity unless specifically authorized to do so by the United States Government. Such nondisclosure policy, form, or agreement shall also make it clear that such forms do 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, consistent with the protection of sources and methods.
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Sec. 115
NONDISCLOSURE POLICIES, FORMS, AND AGREEMENTS
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