Federal Government Floats NDAs For Employees In Leak Crackdown

Authored by Zachary Stieber via The Epoch Times,

President Donald Trump’s administration on May 26 floated a non-disclosure agreement (NDA) for federal employees who have access to what the government described as sensitive information.

The proposed NDA says that employees may access “non-public, confidential, or proprietary information,” such as personal health information and details relating to agency operations.

It states that employees understand they are required to follow laws and regulations governing confidential information and that they agree to “take all reasonable precautions to safeguard and protect Confidential Government Information from unauthorized disclosure.”

Violating the agreement could lead to repercussions, including termination and civil or criminal penalties, according to the draft.

The Office of Personnel Management developed the NDA form in the wake of leaks, including the leak of information about the U.S. raid on Venezuela prior to American forces carrying it out, the office said in a notice set to be published on May 27.

“Federal employees do not have discretion to disclose Confidential Government Information outside of narrow circumstances prescribed by relevant authorities and implemented by procedures which may differ by agency,” the notice states. “Unauthorized disclosures of Confidential Government Information disrupt agency operations and erode public trust.”

In recent months, there have also been disclosures of personal information of about 4,500 employees of Immigration and Customs Enforcement, one of the agencies charged with enforcing immigration law, as well as leaks of planned immigration enforcement operations.

“In much of the private sector, employees handling sensitive business or customer information are routinely required to sign confidentiality agreements, and the federal government should not be held to a lower standard,” Scott Kupor, director of the Office of Personnel Management, said in a statement.

“Americans should be able to trust that their personal data and sensitive government information are being handled responsibly. This proposal reinforces accountability across the federal workforce while helping agencies better protect against unauthorized disclosures.”

The draft says that nothing in the agreement prohibits or restricts an employee from becoming a whistleblower or from making public details about possible wrongdoing.

If a disclosure violates the law, the employing agency may report the breach to law enforcement officials, per the draft.

It states that the agency “shall be entitled to seek equitable relief … from any court of competent jurisdiction” and that the employee “assigns to the United States all royalties, remunerations, and emoluments that have resulted, will result, or may result from any disclosure, publication, or revelation of Government Information in violation of the terms of this Agreement.”