Important Notice concerning the Whistleblower Protection Enhancement Act of 2012 (WPEA) - Required Statement Regarding Nondisclosure Agreements
The WPEA requires that any nondisclosure policy, form or agreement (NDA) of the Government (with current or former Federal employees) include the statement copied below and provides that NDA’s executed without the language may still be enforced as long as agencies provide employees notice of the statement.
As an employee or former employee of the Department of Transportation, you may have been required to sign an NDA to access classified information (e.g., SF 312 and 4414) or other information such as a procurement related NDA as a member of an acquisition team. You should read the following statement as if it were incorporated into any NDA you have signed.
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.
The following Executive Orders and statutory provisions are controlling in the case of any conflict with an agency NDA, as of March 14, 2013:
- Executive Order No. 13526;
- 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 disclosures to Congress by members of the military);
- Section 2302(b)(8) of Title 5, United States Code, as amended by the Whistleblower Protection Act of 1989 (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats);
- Intelligence Identities Protection Act of 1982, 50 U.S.C. 421, et seq. (governing disclosures that could expose confidential Government agents);
- 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. 783(b)).