Trump Administration Proposes Government-Wide NDA for Federal Employees

The Office of Personnel Management (OPM) issued a draft nondisclosure agreement (NDA) that agencies may require of federal employees. It bars disclosure of “confidential or proprietary” information, covering internal operations, personnel, procurement and material. Violations could bring penalties, removal, debarment, and forfeiture of “royalties.” Publication will appear in Federal Register with a 30-day comment period.

Bloomberg

OPM says leaks have “disrupted agency operations, eroded trust, and endangered lives.” It cites unauthorized disclosures to The New York Times and The Washington Post about January raid in Venezuela, a leak of data for 4,500 ICE agents, and FBI and DHS leaks on immigration enforcement. Maintains NDA does not add speech restrictions and preserves whistleblower disclosures.

Politico

Leaked pre-raid details of the Venezuelan operation, a list exposing roughly 4,500 ICE agents’ personal data, and FBI/DHS disclosures on immigration enforcement were cited recently.

NOTUS

Federal workers already follow the Privacy Act, the 1993 Standards of Ethical Conduct, and the existing federal Whistleblower Protection Act.

United Press International (UPI)

Labor unions and experts warn the draft’s broad language could chill protected speech. AFGE President Everett Kelley called it “another attempt to purge the civil service of nonpartisan career employees.” Employment-law partner Kevin Owen said the whistleblower exceptions are “lip service.” Academic scholars Orly Lobel and David Loy warned of chilling effects on federal workers. ACLU attorney Esha Bhandari said the gag order violates First Amendment.

CNN

OPM asserts NDA aligns with the Whistleblower Protection Act, but critics note draft does not specify which civil and criminal statutes would apply and how “optional” use will be enforced.

Government Executive

The draft will be open for comment until early July; agencies may pressure employees to sign, and lawsuits are expected.

Reuters

• “Such disclosures risk chilling candid interagency feedback, disrupting orderly decision-making, and weakening trust within and among Federal agencies,” — McLaurine Pinover, OPM Communications Director

NBC News

• “This proposed NDA is another attempt by the administration to purge the civil service of nonpartisan career employees and replace them with loyalists who won’t speak out against waste, fraud and abuse,” — Everett Kelley, AFGE National President

Government Executive

• “Such broad gag orders would leave the public in the dark about how the government works, preventing the kind of informed debate that is critical to democratic accountability,” — Esha Bhandari, ACLU Speech, Privacy and Technology Project Director

United Press International (UPI)

• “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, OPM Director

Scripps News (Newsy)