Congressional Record: July 20, 2000 (House)
Page H6663-H6710




        TREASURY AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2001
				(H.R. 4871)

[...]

       Sec. 622. No funds appropriated in this or any other Act
     may be used to implement or enforce the agreements in
     Standard Forms 312 and 4355 of the Government or any other
     nondisclosure policy, form, or agreement if such policy,
     form, or agreement does not contain the following provisions:
     "These restrictions are consistent with and do not
     supersede, conflict with, or otherwise alter the employee
     obligations, rights, or liabilities created by Executive
     Order No. 12958; section 7211 of title 5, United States Code
     (governing disclosures to Congress); section 1034 of title
     10, United States Code, as amended by the Military
     Whistleblower Protection Act (governing disclosure to
     Congress by members of the military); section 2302(b)(8) of
     title 5, United States Code, as amended by the Whistleblower
     Protection Act (governing disclosures of illegality, waste,
     fraud, abuse or public health or safety threats); the
     Intelligence Identities Protection Act of 1982 (50 U.S.C. 421
     et seq.) (governing disclosures that could expose
     confidential Government agents); and 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)). The
     definitions, requirements, obligations, rights, sanctions,
     and liabilities created by said Executive order and listed
     statutes are incorporated into this agreement and are
     controlling.": Provided, That notwithstanding the preceding
     paragraph, 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.