Credited from: NPR
The Trump administration has introduced a proposal requiring all new and current federal employees to sign non-disclosure agreements (NDAs) in an effort to curb media leaks. Published as a notice in the Federal Register by the Office of Personnel Management (OPM), this measure is designed to ensure that federal employees recognize their obligation to protect confidential information obtained through their duties. The notice stipulates that the NDA will affirm employees' rights to disclose information as authorized by law, reassuring that it does not impose new substantive restrictions on speech rights, according to CBS News, Los Angeles Times, and NPR.
The OPM highlights the urgency for such agreements due to recent leaks, particularly regarding internal communications about immigration enforcement actions and a high-profile U.S. raid in Venezuela. These disclosures were flagged as potentially endangering federal agents and military personnel involved in those operations. The notice specifically mentions incidents where the New York Times and Washington Post received unauthorized information regarding sensitive actions, suggesting a need for enhanced security measures, according to CBS News and Los Angeles Times.
Despite assurances that the proposal does not redefine disclosure rights, critics like Ray Limon, a former government attorney, argue it imposes unnecessarily broad restrictions that might discourage whistleblower disclosures under the Whistleblower Protection Act. Limon expressed concern that the expansive language of the NDA could lead to confusion, making employees wary of reporting wrongdoing. The proposal's draft notably leaves room for agencies to independently decide on implementing the NDA, indicating a potential shift in how such agreements are utilized across federal employment, according to NPR.
The administration has invited public commentary on various aspects of the NDA proposal, including potential penalties for employees who refuse to sign the agreement. Previous suggestions indicated that non-compliance could lead to severe consequences such as termination or disqualification from future federal employment, reflecting the administration's strict stance on maintaining control over information dissemination, according to CBS News and Los Angeles Times.