Krishnamoorthi, Landsman Lead 44-Member Effort Opposing Trump Administration Proposal Requiring Nondisclosure Agreements for Federal Employees

WASHINGTON, DC — Congressman Raja Krishnamoorthi (D-IL) and Congressman Greg Landsman (D-OH) led a 44-member effort on Wednesday urging the Office of Personnel Management (OPM) to abandon a Trump Administration proposal requiring current and future federal employees to sign indefinite, government-wide nondisclosure agreements. In the letter, the Members argue that federal employees are already subject to extensive laws, regulations, and agency policies governing classified, sensitive, and protected information and warn that the proposal would discourage lawful whistleblowing, undermine government transparency and accountability, and erode the independence of the nonpartisan civil service.

The Members write:

"Federal employees are already subject to extensive laws, regulations, and agency policies regarding the handling of classified, sensitive, and protected information. Mandatory, government-wide NDAs will only block lawful whistleblowing and disclosures, undermine government transparency and accountability, and erode the independence and integrity of the nonpartisan civil service."

They continue:

“Federal workers play a critical role in holding the government accountable and bringing waste, fraud, abuse, corruption, or wrongdoing to the attention of Congress, Inspectors General, and the American people. Their rights and protections, along with the integrity and independence of the federal workforce, must be upheld.”

To better understand the scope and legality of the proposed rule, the Members asked OPM to answer the following questions:

1. How is the proposed rule not a violation of existing whistleblower and anti-retaliation laws, the First Amendment, or other federal statutes?
2. How exactly does OPM define the broad terms of "non-public," "confidential," or "proprietary information" as well as "sensitive," "pre-decisional," or "deliberative" materials as covered by the NDA in the proposed rule?
3. What are the specific consequences of refusing to sign or violating the NDA?
4. How long are the terms of the NDA legally binding?
5. How will workers be protected from retaliation for lawful whistleblowing or other disclosures, as required by the law?

In addition to Reps. Krishnamoorthi and Landsman, the letter was signed by Representatives Debbie Dingell (D-MI), Dina Titus (D-NV), Darren Soto (D-FL), Judy Chu (D-CA), Rashida Tlaib (D-MI), Donald Beyer (D-VA), Eleanor Holmes Norton (D-DC), Bonnie Watson Coleman (D-NJ), Dan Goldman (D-NY), Betty McCollum (D-MN), James Walkinshaw (D-VA), Suhas Subramanyam (D-VA), Deborah Ross (D-NC), Jasmine Crockett (D-TX), Danny Davis (D-IL), Jamie Raskin (D-MD), Mark Pocan (D-WI), Jill Tokuda (D-HI), Seth Magaziner (D-RI), Paul Tonko (D-NY), Gabe Amo (D-RI), Jan Schakowsky (D-IL), April McClain Delaney (D-MD), Steve Cohen (D-TN), Andrea Salinas (D-OR), Val Hoyle (D-OR), Shontel Brown (D-OH), Jonathan Jackson (D-IL), LaMonica McIver (D-NJ), Maxwell Frost (D-FL), Yassamin Ansari (D-AZ), Hank Johnson (D-GA), Ro Khanna (D-CA), Seth Moulton (D-MA), Jennifer McClellan (D-VA), Jahana Hayes (D-CT), Kweisi Mfume (D-MD), Chellie Pingree (D-ME), Lateefah Simon (D-CA), Summer Lee (D-PA), Julia Brownley (D-CA), and Emilia Sykes (D-OH).

The full letter can be found here.