President Donald Trump’s administration appears ready to propose government-wide use of NDAs following leaks.
Leaks to the media are the bane of every administration, especially Trump, who is a favored target of the mainstream media. Journalists eagerly publish gossip from “anonymous sources” regardless of how confidential the information may be, and according to a report from The Washington Post, the president is looking for ways to put an end to it.
The Office of Personnel Management is looking to reduce the leak of what it calls Confidential Government Information (CGI), which would include “all non-public, confidential, or proprietary information” related to agency operations. Additionally, “personnel matters, procurement processes, or any sensitive, pre-decisional or deliberative material that is not currently publicly available and should not be disclosed under applicable law” would also be covered.
Agencies “can decide whether to adopt the NDA” during a 30-day review period, but according to the draft, such leaks would put some federal agents in “danger.”
“These leaks put the lives of members of the armed forces at risk, leading news organizations to delay ‘publishing what they knew to avoid endangering US troops,’ Also this year, the personal information of approximately 4,500 ICE employees — including nearly 2,000 employees working in frontline enforcement — was disclosed by a Federal employee, including names, addresses, email addresses, phone numbers, and job titles. This leak jeopardized the safety of the agents,” the draft reads.
The Washington Post pointed out that while the NDA policy may be adopted, it cannot infringe on whistleblower protections, which allow federal employees to expose waste, fraud and abuse without fear of retaliation. Also worth noting, the “proposed rule would not apply to federal contractors, even though they have been responsible for several notable leaks, including public disclosure of tax records of wealthy Americans — including Trump — noted Don Kettl, professor emeritus and former dean of the University of Maryland School of Public Policy.”
“Should agencies elect to use the NDA, it would be administered to newly hired employees as part of the onboarding process and to current Federal employees. In addition, for new hires, a requirement to sign the NDA would be advertised as part of a job opening announcement for the vacancy. OPM expects that a new agreement would be executed if there is an agency change or the employee has a break in service; however, OPM would not expect an employee to sign a new agreement for every position change within an agency. The form would serve as a certification that the employee understands and agrees to comply with applicable nondisclosure requirements associated with Federal service,” the draft continues.
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Sierra Marlee is a millennial whose hunger for the truth in a world of fake news has led her to write. Marlee also contributes to BizPac Review.
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