Notice regarding non-disclosure:
The Whistleblower Protection Enhancement Act of 2012 strengthens protections for federal employees who disclose evidence of waste, fraud, or abuse. This communication serves as notice that you should read this statement as if it were incorporated into any non-disclosure policy, form, or agreement you have signed with DFC:
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 or the Office of Special Counsel 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. You are reminded that reporting evidence of waste, fraud, or abuse involving classified information or classified programs must continue to be made consistent with established rules and procedures designed to protect classified information.
The controlling Executive Orders and statutory provisions in the event of any conflict with a non-disclosure policy, form, or agreement include:
- the Whistleblower Protection Act, 5 U.S.C. § 2302(b)(8), as amended (governing disclosures of violations of law, waste, fraud, abuse or public health or safety threats);
- 5 U.S.C. § 7211 (governing disclosures to Congress);
- 10 U.S.C. § 1034, as amended by the Military Whistleblower Protection Act (governing disclosures to Congress by members of the military);
- the Intelligence Identities Protection Act of 1982, 50 U.S.C. § 421, et seq., (governing disclosures that could expose confidential government agents);
- the Subversive Activities Act of 1950, 50 U.S.C. § 783(b);
- the statutes which protect against disclosures that may compromise the national security, including Sections 641, 793, 794, 798, and 952, of Title 18, United States Code; and
- Executive Order No. 13526.