Trump administration proposes NDAs for all federal workers
The Trump administration is planning a government-wide nondisclosure agreement that bars federal workers from sharing a wide array of “confidential government information,” according to a draft notice posted to the Federal Register on Tuesday by the U.S. Office of Personnel Management.
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The draft notice, which will be published Wednesday and be open for a 30-day public comment period, uses an expansive definition of privileged information, beyond typical classified and unclassified designations. The draft blocks employees from sharing “non-public, confidential, or proprietary information” or “any sensitive, pre-decisional or deliberative material that is not currently publicly available and should not be disclosed under applicable law.”
Agencies can decide whether to adopt the NDA, according to the draft.
In the draft notice, OPM cited a number of high-profile leaks, including “unauthorized disclosures” to the New York Times and The Washington Post about the U.S. raid on Venezuela in January that captured President Nicolás Maduro. It said the leaks “put the lives of members of the armed forces at risk, leading news organizations to delay ‘publishing what they knew to avoid endangering U.S. troops.’”
OPM did not immediately respond to request for comment.
The Trump administration has used nondisclosure agreements in recent efforts to keep a close hold on certain information.
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The Pentagon imposed NDAs and random polygraph testing as part of a broader effort to root out leaks and those deemed insufficiently loyal. The Department of Veterans Affairs also required officials working on layoff plans last year to sign agreements, keeping much of its workforce in the dark about mass firing plans, which were later canceled.
There are legal limitations to the use of NDAs in government. Under a federal law that protects whistleblowers, these agreements cannot limit a civil servant’s ability to expose waste, fraud and abuse.
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