OVERVIEW
Individuals who hold security clearances are privileged to
serve in posi�ons of enormous trust and responsibility in the
United States Government (USG). With this privilege,
selected individuals are entrusted with safeguarding our
na�on’s most closely-held secrets that underpin our na�onal
security and are vital to the defense of the United States.
As a part of the process for gran�ng access to classified
informa�on, the USG requires individuals to sign the Standard
Form 312 (SF-312), Classified Information Nondisclosure
Agreement (NDA), or approved equivalent (herea�er referred
to as NDA). Execu�ve Order (E.O.) 12968, Access to Classified
Information, and E.O. 13526, Classified National Security
Information, requires individuals to sign an approved NDA
prior to gaining access to classified informa�on. E.O. 13526
also requires that individuals receive contemporaneous
training on the proper safeguarding of classified informa�on,
and on the criminal, civil, and administra�ve sanc�ons that
may be applied to any individual who fails to protect
classified informa�on from unauthorized disclosure.
FREQUENTLY ASKED QUESTIONS
What is the NDA?
The NDA informs individuals of the trust that is placed in
them with their access to classified informa�on. It also
advises individuals of their responsibility to protect that
informa�on from unauthorized disclosure, and the possible
consequences if they fail to honor that responsibility.
The NDA is a legally binding contract that informs
individuals of their responsibili�es to protect na�onal security
informa�on, iden�fies the consequences of any unauthorized
disclosure, and indicates the individual’s understanding and
agreement to the terms outlined in the document.
Who must sign the NDA?
In accordance with E.O. 12968 and 13526, all persons with
authorized access to classified informa�on are required to
sign an approved NDA.
SF 312
FREQUENTLY ASKED QUESTIONS
CLASSIFIED INFORMATION
NONDISCLOSURE AGREEMENT
If I previously signed an NDA,
am I required to sign a new form?
If your agency confirms that you previously signed an NDA,
the form remains valid and you do not need to sign a new one
since the other NDA remains in full force and effect for the
life�me of the individual. However, in 2013, the Office of the
Director of Na�onal Intelligence (ODNI) revised the NDA to
reflect language required by two new statutes: the Financial
Services and General Government Appropriations Act, 2012
(Public Law 112-74); and the Whistleblower Protection
Enhancement Act of 2012 (Public Law 112-199).
If I previously signed an NDA,
will my liability change?
Your liability will not change. Published rules require that
all these agreements be interpreted and enforced in a manner
that is completely consistent with the language of the NDA.
As a contractor, what ac�ons can
be taken against me if I make an
unauthorized disclosure?
Besides the poten�al loss of your security clearance, the
USG may also take ac�on against your employing company,
such as termina�ng the contract or seeking monetary
damages, based on the terms of the contract.
What must I do prior to publishing
a book or ar�cle?
Please contact your Security Manager prior to publishing a
book or ar�cle to seek guidance regarding the process and
procedures for ensuring the material does not include
classified informa�on. Since you signed the NDA and agreed
not to make such disclosures, the USG may pe��on a Federal
court to issue an order to prevent or delay publica�on if it is
believed to contain classified informa�on.
Failure to coordinate with your Security Manager may
result in an unauthorized disclosure. The USG might seek
monetary damages from you in court for the harm caused by
the disclosure, including the forfeiture of any payment you
have received or may receive from a publisher or sponsor.
Who is authorized to sign as
a “Witness” on the NDA?
Any execu�ve branch employee may witness the
execu�on of the NDA by a USG or non-USG employee.
An authorized representa�ve of a contractor, licensee,
grantee, or other non-USG organiza�on designated to act as
an agent of the United States may witness an NDA executed
by an employee of that same organiza�on.
The witness’ signature serves to validate that the
individual’s signature was executed on the NDA form.
The individual’s and witness’ signatures must bear
the same date.
How long are executed copies of the NDA
retained and where are they stored?
The signed original or a copy of the signed original NDA
stored on microfiche, microfilm, computer disk, or electronic
storage medium must be retained for 50 years following the
date of execu�on. Each agency must retain its executed
copies of NDAs in a file system from which the agreements
can be expedi�ously retrieved in the event that the USG
must enforce them.
For USG employees, an agency may store the executed
copy of the NDA in that employee’s official personnel file.
An agency may permit its contractors, licensees, and
grantees to retain the executed agreements of their
employees during the �me of employment. Upon
termina�on of employment, the contractor, licensee, or
grantee shall deliver the signed original or copy of the signed
original NDA of that individual to the agency primarily
responsible for the individual’s classified work. A contractor,
licensee or grantee of an agency par�cipa�ng in the Na�onal
Industrial Security Program, for which the Department of
Defense is ac�ng as the Cognizant Security Agency, shall
deliver the copy of the signed NDA of a terminated employee
to the Defense Security Service.
Are NDAs legally enforceable?
Yes, Federal courts, including the Supreme Court, have held
that NDAs are cons�tu�onal and legally binding contracts.
What is an Unauthorized Disclosure?
E.O. 13526 defines an unauthorized disclosure as a
communica�on or physical transfer of classified informa�on
to an unauthorized recipient.
What ac�ons can be taken against me if
I make an unauthorized disclosure?
An unauthorized disclosure of classified informa�on is
illegal and may result in administra�ve, civil, or criminal
penal�es. The scope of administra�ve ac�ons will depend
upon whether you are a USG employee or non-USG
employee. If you are a USG employee, administra�ve ac�ons
may include reprimand, demo�on, suspension, removal, and
clearance revoca�on.
What is classified informa�on under this
agreement and how do I get access to it?
Classified informa�on is any marked or unmarked
informa�on that has been determined by statute or execu�ve
order to require protec�on against unauthorized disclosure to
a foreign en�ty, the media, the public, or anyone else not
authorized to receive it.
The gran�ng of a security clearance is one of three
condi�ons that must be met before an individual is approved
for access to classified informa�on. Once it has been
determined that an individual requires such access, they are
submi�ed for security clearance processing. Authorized
officials approve or deny a clearance a�er a holis�c evalua�on
of the individual’s security processing. If approved, an NDA
must be signed and executed before access to classified
informa�on is granted. To access classified informa�on, the
individual must also have a need-to-know the informa�on.
Is an oral a�esta�on statement required to
be read aloud prior to an individual being
given access to classified informa�on?
The Director of Na�onal Intelligence (DNI), as the Security
Execu�ve Agent (SecEA), does not require an oral a�esta�on
statement be delivered prior to an individual being given
access to classified informa�on.
Are digital or electronic signatures authorized
on either the briefing or debriefing por�on
of an NDA?
The NDA must be signed using an original signature.
Digital or electronic signatures on the NDA are not authorized
pursuant to 32 C.F.R . § 2001.80(d)(2)(ii).
I am in a job that requires a
security clearance, but I have not had
access to classified informa�on.
Do I need to sign the NDA?
Please contact your Human Resources Officer, Security
Manager, or supervisor to determine whether or not your
official job or duty posi�on requires access to classified
informa�on and to determine if an NDA is required.
If your job requires access to classified informa�on, you
must sign an NDA.
Produced by the Office of the Director
of Na�onal Intelligence
For Use by U.S. Government Civilian, Military and Contractor Personnel.
If you have any ques�ons about the NDA,
the rules for handling classified informa�on,
or your responsibili�es for safeguarding
classified informa�on, please contact your
Security Manager or supervisor.
