Trump Administration Proposes NDAs for Federal Employees to Curb Leaks

Central News Agency, Washington, May 26. The U.S. Trump administration proposed today that all current and future federal employees sign non-disclosure agreements (NDAs), part of an ongoing effort to curb leaks to the media. The Associated Press reported that the Office of Personnel Management (OPM) announced the proposal on its website today, with a formal announcement expected in the Federal Register tomorrow, seeking comments on the draft NDA applicable to "new and existing employees" of federal agencies. The announcement states: "This form is intended to document that federal employees are aware of and agree to comply with existing legal obligations to protect non-public, confidential, or proprietary information generated or obtained in the course of official duties, while clearly safeguarding the right to disclose information as required by law." The OPM is seeking comments on several issues, including whether the NDA should cover only non-classified information and what appropriate measures agencies should consider if new or existing employees choose not to sign. The OPM noted that "several recent cases" showed unauthorized disclosure of internal communications regarding rulemaking and policy development, citing specific instances of FBI and DHS employees leaking information about planned immigration enforcement actions. Michael L. Vogelsang Jr., an attorney at the Employment Law Group, raised several questions, including "What gap in existing regulations is the NDA intended to fill?" Everett Kelley, president of the American Federation of Government Employees, said in a statement that the OPM's proposed rule is another move to keep federal employees silent.