Non-Disclosure Agreement - Standard Form 312: no person may have access to classified information unless that person has a security clearance in accordance with DoDM 5200.02 and has signed a Standard Form (SF) 312, Classified Information Non-Disclosure Agreement (NDA), and access is essential to the accomplishment of a lawful and authorized Government function (i.e., has a need to know).

Overview

Finding ID	Version	Rule ID	IA Controls	Severity
V-31987	IS-06.03.01	SV-42286r3_rule		Low

Description
Failure to verify clearance, need-to-know, and execute a non-disclosure agreement before granting access to classified can result in unauthorized personnel having access to classified. REFERENCES: The Information Security Oversight Office (ISOO): http://www.archives.gov/isoo/ Implementing Directive for Protection of Classified (for Executive Order 13526), 32 CFR Parts 2001 and 2003 Classified National Security Information: Subpart H—Standard Forms, § 2001.80 Prescribed standard forms.(d) Standard Forms. (2) SF 312, Classified Information Nondisclosure Agreement: CJCSI 6510.01F, INFORMATION ASSURANCE (IA) AND SUPPORT TO COMPUTER NETWORK DEFENSE (CND), Enclosure C, paragraph 11. NIST Special Publication 800-53 (SP 800-53), Rev 4, Control: PS-3., PS-6. & PS-6.(2). DoD Manual 5200.01, Volume 1, 24 February 2012, SUBJECT: DoD Information Security Program: Overview, Classification, and Declassification, Enclosure 3, paragraph 11.b.(1). DoD Manual 5200.01, Volume 3, 24 February 2012, SUBJECT: DoD Information Security Program: Protection of Classified Information; Enclosure 2, paragraph 3. DoD 5200.22-M (NISPOM), Incorporating Change 2, 18 May 2016, Chapter 3, Section 1, paragraph 3-106. DoD Manual 5200.02, Procedures for the DoD Personnel Security Program (PSP), 3 April 2017, paragraphs 4.10.g.(2)(b), 8.1.b., and 12.1.c.

Description

Failure to verify clearance, need-to-know, and execute a non-disclosure agreement before granting access to classified can result in unauthorized personnel having access to classified. REFERENCES: The Information Security Oversight Office (ISOO): http://www.archives.gov/isoo/ Implementing Directive for Protection of Classified (for Executive Order 13526), 32 CFR Parts 2001 and 2003 Classified National Security Information: Subpart H—Standard Forms, § 2001.80 Prescribed standard forms.(d) Standard Forms. (2) SF 312, Classified Information Nondisclosure Agreement: CJCSI 6510.01F, INFORMATION ASSURANCE (IA) AND SUPPORT TO COMPUTER NETWORK DEFENSE (CND), Enclosure C, paragraph 11. NIST Special Publication 800-53 (SP 800-53), Rev 4, Control: PS-3., PS-6. & PS-6.(2). DoD Manual 5200.01, Volume 1, 24 February 2012, SUBJECT: DoD Information Security Program: Overview, Classification, and Declassification, Enclosure 3, paragraph 11.b.(1). DoD Manual 5200.01, Volume 3, 24 February 2012, SUBJECT: DoD Information Security Program: Protection of Classified Information; Enclosure 2, paragraph 3. DoD 5200.22-M (NISPOM), Incorporating Change 2, 18 May 2016, Chapter 3, Section 1, paragraph 3-106. DoD Manual 5200.02, Procedures for the DoD Personnel Security Program (PSP), 3 April 2017, paragraphs 4.10.g.(2)(b), 8.1.b., and 12.1.c.

STIG	Date
Traditional Security Checklist	2020-08-26

Details

Check Text ( C-40625r8_chk )
The check is to review a sample of Personnel Security Records(minimum of 10% assigned military and civilian employees) to ensure SF 312s have been signed by persons granted access to classified information systems. The now outdated SF 189 or SF 189A, if found are still valid Non-Disclosure Agreements (NDA). The execution of an NDA should also be annotated in the Joint Personnel Accountability System (JPAS). If a paper copy is found but the form is not in JPAS OR if it is annotated in JPAS and a paper copy is not on-hand this is not a finding. TACTICAL ENVIRONMENT: This check is applicable in a tactical environment. Anyone with access to classified information must have signed an NDA. Paper copies of the signed NDA will likely not be available in a tactical area of operations; however, system access to JPAS should be possible if the theater of operations has been well established.

Check Text ( C-40625r8_chk )

The check is to review a sample of Personnel Security Records(minimum of 10% assigned military and civilian employees) to ensure SF 312s have been signed by persons granted access to classified information systems. The now outdated SF 189 or SF 189A, if found are still valid Non-Disclosure Agreements (NDA). The execution of an NDA should also be annotated in the Joint Personnel Accountability System (JPAS). If a paper copy is found but the form is not in JPAS OR if it is annotated in JPAS and a paper copy is not on-hand this is not a finding.

TACTICAL ENVIRONMENT: This check is applicable in a tactical environment. Anyone with access to classified information must have signed an NDA. Paper copies of the signed NDA will likely not be available in a tactical area of operations; however, system access to JPAS should be possible if the theater of operations has been well established.

Fix Text (F-35916r6_fix)
All assigned personnel granted access to classified information must have a signed Non-Disclosure Agreement (NDA) on record. The execution of an NDA must be annotated in the Joint Personnel Accountability System (JPAS) and a signed hard copy MAY also be available locally. Personnel who transfer from other units or organizations will not necessarily have a signed hard copy NDA on file locally since they are only required to sign the NDA once, but it MUST be reflected in JPAS. If an NDA is not annotated in JPAS and a hard copy is not on hand locally, a new SF 312 must be executed and annotated in JPAS. For individuals without an SF 312 or other approved NDA form on file (either hard copy or in JPAS), immediately remove access to classified information systems (ie, SIPRNet) pending proper execution of an NDA (SF 312) and annotation in JPAS.

Fix Text (F-35916r6_fix)

All assigned personnel granted access to classified information must have a signed Non-Disclosure Agreement (NDA) on record. The execution of an NDA must be annotated in the Joint Personnel Accountability System (JPAS) and a signed hard copy MAY also be available locally.

Personnel who transfer from other units or organizations will not necessarily have a signed hard copy NDA on file locally since they are only required to sign the NDA once,
but it MUST be reflected in JPAS.

If an NDA is not annotated in JPAS and a hard copy is not on hand locally, a new SF 312 must be executed and annotated in JPAS.

For individuals without an SF 312 or other approved NDA form on file (either hard copy or in JPAS), immediately remove access to classified information systems (ie, SIPRNet) pending proper execution of an NDA (SF 312) and annotation in JPAS.