DEPARTMENT OF HEALTH & HUMAN SERVICES
(b)
The limitation in subsection (a) shall not contravene requirements applicable to Standard
Form 312, Form 4414, or any other form issued by a Federal department or agency governing
the nondisclosure of classified information.
SEC. 743. Nondisclosure Agreements
(a)
No funds appropriated in this or any other Act may be used to implement or enforce the
agreements in Standard Forms 312 and 4414 of the Government or any other nondisclosure
policy, form, or agreement if such policy, form, or agreement does not contain the following
provisions: “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 SEC. 743. (a) No funds appropriated in
this or any other Act may be used to implement or enforce the agreements in Standard Forms
312 and 4414 of the Government or any other nondisclosure policy, form, or agreement if such
policy, form, or agreement does not contain the following provisions: “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.”: Provided, That notwithstanding the preceding provision of
this section, 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 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 forms shall also make it clear that they 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.