Notice to DOJ Employees and Former Employees Regarding Whistleblower
Protection and Non-Disclosure Policies, Forms, or Agreements
The Whistleblower Protection Enhancement Act of 2012 (WPEA) was signed
into law by President Obama on November 27, 2012. The law strengthens the
protections for federal employees who disclose evidence of waste, fraud, or
abuse. The WPEA also requires that any non-disclosure policy, form, or
agreement (NDA) include the statement below, and provides that NDAs executed
without the language may be enforced as long as agencies give employees
notice of the statement. As an employee/former employee of the Department of
Justice, you may have been required to sign an NDA to access classified or
other information. You should read the statement below as if it were
incorporated into any non-disclosure policy, form, or agreement you have
"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."
Employees/former employees 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.
Controlling Executive Orders and statutory provisions are as follows:
- Executive Order No. 13526;
- Section 7211 of Title 5, United States Code (governing disclosures to
- Section 1034 of Title 10, United States Code, as amended by the Military
Whistleblower Protection Act (governing disclosure to Congress by members of the
- 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)).
Are you looking for information on the U.S. Marshals Service Association
(formerly the Retired United States Marshals Association)?
http://usmsa.com/ for more information.
The web links on this page go to web sites that are not managed by the
U.S. Marshals. The U.S. Marshals can not vouch for the accuracy of
information that is contained on these web sites. The web links are provided
as a service for our retirees.