Thursday, October 10, 2013

The Standard Form (SF) 312 is revised

The Standard Form (SF) 312 is revised

In July 2013 the SF 312, Classified Information Nondisclosure Agreement, was updated to reflect language from the 2011 Public Law 112-74, Financial Services and General Government Appropriations Act and 2012 Public Law 112-199, Whistle blower Protection Enhancement Act (WPEA).

The WPEA (law) lays out protection in place for those employees who report instances of fraud, waste and abuse and the language is being added to many forms include non-disclosure agreement. Cleared employees are required to report adverse information concerning themselves and other cleared employees. This adverse information is anything that would question a person’s loyalty and ability to protect classified material. Additionally, cleared employees should report any information concerning changes in protective measures at a cleared facility that would indicate classified information would not be adequately protected as originally intended.

So, why is the WPEA language included?

Reporting adverse information is a requirement of all cleared employees who observe questionable practices concerning an employee’s ability to protect classified information. Though a daunting task, reporting this information is an expectation levied on cleared employees. Adverse information reporting is part of the continuous evaluation process and used to determine whether or not a cleared person is still trustworthy of having access to classified information.

The WPEA language might seem out of scope for a document requiring the continuous protection of classified information. However, this language is not a warning to employees reminding them of an obligation, but a legal requirement for employers to protect employees who report instances of fraud, waste and abuse. This reporting applies to derivative information reporting, classification challenges and etc. Fraud, waste and abuse issues can be reported on processes, machinery, costs and etc used within a national security structure. An employee can better report what might be classified information concerning fraud, waste and abuse within the classified channels. Without this language, an employee may not know how report such instances.

So now what?

Include this language while providing NISPOM training. Train your employees on the SF 312, security awareness, security refresher and other training. Need ideas, check this out.

The revised SF 312 dated 7-2013 is posted in the General Services Administration (GSA) forms library on their website and can be directly downloaded here. There is no requirement to resign and execute a new SF 312, previously executed forms are still valid.

Jeffrey W. Bennett, ISP is the owner of Red Bike Publishing Red Bike Publishing . He regularly consults, presents security training, and recommends export compliance and intellectual property protection countermeasures. He is an accomplished writer of non-fiction books, novels and periodicals. Jeff is an expert in security and has written many security books including: "Insider's Guide to Security Clearances" and "DoD Security Clearances and Contracts Guidebook", "ISP Certification-The Industrial Security Professional Exam Manual", and NISPOM/FSO Training".

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