WASHINGTON, D.C. (The Well News) — The Trump administration is planning a requirement that federal employees sign nondisclosure agreements as a condition of continued employment.
A draft notice from the U.S. Office of Personnel Management about the nondisclosure agreement forms was published Wednesday by the Federal Register.
The notice says that the “form is intended to document Federal employees’ acknowledgment of, and agreement to comply with, current legal obligations to safeguard non-public, confidential, or proprietary information, created or obtained through their official duties…”
Critics from among civil rights groups argue that the nondisclosure agreements could chill government transparency.
The proposal is part of a wider push to tighten control over leaks following high-profile disclosures to the media. It also continues President Donald Trump’s widespread use of NDAs throughout his business empire and government leadership.
Multiple news stories in the past two years revealed internal disagreements over military and foreign-policy decisions, such as whether to strike the Houthis in Yemen after they fired on commercial ships in the Red Sea and Gulf of Aden. The stories embarrassed the Trump administration by exposing internal divisions not intended for the public.
In another case, Trump was angered by premature media reports about a secret U.S. operation in Venezuela that led to the arrest of former President Nicolas Maduro in January.
The Federal Register notice mentions information leaked to The New York Times and The Washington Post while saying the leaks “put the lives of members of the armed forces at risk…”
Labor unions and government watchdog groups are raising concerns that the agreements could discourage employees from reporting evidence of misconduct that might be demanded of them by Congress or inspectors general.
They also say nondisclosure agreements could be unnecessary and redundant.
Government clearances already prohibit leaking sensitive information, such as under Classified Information Nondisclosure Agreement (SF-312). It is the standard federal agreement acknowledging that classified information cannot be disclosed without authorization.
There also are agency specific secrecy agreements for sensitive programs, such as intelligence or military operations.
Violations of the agreements can lead to loss of clearance, job termination, civil penalties or criminal prosecution under laws such as the Espionage Act.
The Trump administration’s proposed NDA adds additional language against sharing information on “any sensitive, pre-decisional or deliberative material that is not currently publicly available…”
The draft NDA said signing the form is “voluntary” but adds that a refusal comes with consequences.
“Failure to sign may result in removal from federal service and potential debarment for refusal to certify compliance with applicable non-disclosure obligations,” the notice says.
Everett Kelley, president of the American Federation of Government Employees, said the proposal was too broad.
“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,” Kelley said. “Federal employees do not surrender their First Amendment rights when they accept federal employment, and the public has a right to know about this administration’s abuses.”
Michael Fallings, managing partner at the federal employment law firm Tully Rinckey, predicted the NDA could lead to court action if it is implemented after the 30-day comment period.
“If people are removed from their jobs for violating or allegedly violating this NDA, it will certainly lead to litigation,” Fallings said.
