House Democrats Move to Block Federal Worker NDA Restrictions
Two House Democrats introduced legislation aimed at protecting federal workers from being forced to sign certain nondisclosure agreements (NDAs).
The Federal Worker Protection Act (H.R. 10198) was introduced by Rep. Eugene Vindman (D-VA) and Rep. Suhas Subramanyam (D-VA).
The bill would limit the ability of federal agencies to require federal employees to sign NDAs, particularly when the agreement could interfere with protected disclosures including whistleblower disclosures.
The legislation comes after OPM proposed a standardized, government-wide NDA for agencies to use with new and current employees that would be binding throughout employment and for five years post-service.
The proposed NDA – which would be optional for agencies to use – would restrict employees from disclosing certain “confidential government information,” including information involving internal agency operations, personnel and procurement matters, as well as sensitive, pre-decisional, or deliberative material. Employees would also agree to notify their agency if they became aware of others making such disclosures.
OPM said the NDA is needed as “Unauthorized disclosures of confidential government information disrupt agency operations and erode public trust.” OPM also noted in the rule that the proposed NDA would make employees aware of existing confidentiality obligations and would not create new restrictions on whistleblowing.
Meanwhile the new legislation would add additional protections for federal workers:
Requiring a plain-language notice on every NDA advising employees of their protected disclosure rights including a right to communicate with Congress, the Office of Special Counsel (OSC), and the Merit Systems Protection Board (MSPB), among others.
Any NDA template must be pre-cleared by OSC with a 60-day review window and put in a public registry.
Independent inspectors general must certify proposed NDAs before an agency may impose them.
Employees would have the right to sue in federal court over threatened or actual retaliatory NDA enforcement.
Restrictions on the removal of an IG if the IG issues a negative NDA certification.
The legislation has been referred to the House Oversight and Government Reform Committee.
OPM received about 30,000 comments on its proposal which is not yet final.
