Note: Single-source report; awaiting corroboration.
The federal government has clarified that non-disclosure agreements or policies with current or former employees do not override or alter statutory and Executive Order-based whistleblower protections. This statement aligns with the Whistleblower Protection Enhancement Act of 2012, effective December 27, 2012.
The clarification underscores that employee obligations, rights, and liabilities relating to classified information, Congressional communications, and reports to Inspectors General about illegal acts, abuse of authority, or significant safety threats remain fully protected regardless of any non-disclosure provisions.
Relevant Executive Orders and statutes include Executive Order No. 13526 on classified national security information, Title 5 U.S.C. Section 7211 governing disclosures to Congress, and Title 10 U.S.C. Section 1034 on military whistleblowers. Further protections are established under laws concerning unauthorized disclosures that could endanger national security, such as portions of Title 18 and the Subversive Activities Control Act of 1950.
For further information, the statement refers readers to resources provided by the Office of Special Counsel.