The Trump administration has introduced a proposal for a government-wide nondisclosure agreement (NDA) aimed at federal employees. This initiative seeks to curb unauthorized disclosures of sensitive information to the media, a concern that has grown following recent leaks involving immigration enforcement and overseas operations.
Details of the Proposal
The U.S. Office of Personnel Management (OPM) has released a draft NDA template and is currently seeking public comments. If approved, the NDA would become part of the onboarding process for both new and existing federal workers. The draft rule highlights that the proposal was driven by recent leaks, including the release of personal information of approximately 4,500 Immigration and Customs Enforcement employees.
According to OPM, the agreement is designed to ensure that employees acknowledge their legal obligations to protect non-public, confidential, or proprietary information. The administration emphasizes that this proposal would not introduce new restrictions on employee speech or disclosure rights but would standardize how workers recognize their existing obligations regarding confidential government information.
Scope and Concerns
The draft agreement would cover information related to internal agency operations, personnel matters, procurement processes, and any sensitive material not publicly available. Federal agencies would have the discretion to decide whether to require employees to sign the agreements. The proposal also seeks public input on whether the NDAs should apply only to unclassified information and what penalties, if any, should be imposed on employees who refuse to sign.
Critics have raised concerns about the broad language of the proposal, suggesting it could discourage lawful whistleblower activity. Ray Limon, a former federal attorney, noted that the proposal appears unusually expansive for the federal workforce, where NDAs have traditionally been limited to national security positions. Gabe Rottman from the Reporters Committee for Freedom of the Press criticized the proposal, arguing it could harm press access.
Administration’s Defense
OPM Director Scott Kupor defended the proposal, comparing it to confidentiality agreements commonly used in the private sector. Kupor stated, “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.” The draft states that the NDA would not apply to whistleblower disclosures protected under federal law, including reports of fraud, abuse, or misconduct made to government watchdogs or Congress.
Original reporting: The Dallas Express — read the source article.
