OPM proposes requiring all feds to sign an NDA

OPM plans to propose a requirement for federal employees to sign nondisclosure agreements that bar disclosure of confidential information in most cases. The proposal would cover internal agency operations, personnel and procurement matters, and sensitive, pre-decisional or deliberative materials. Employees would also be required to notify their agency if they learn others are disclosing such information. OPM justifies the change by citing unauthorized disclosures of internal pre-decisional documents and interagency comments that it says disrupt operations and chill candid feedback. The draft NDA states it does not conflict with the Whistleblower Protection Act and allows disclosures to Congress or an agency inspector general, but critics argue these exceptions are insufficient.

"OPM announced its plan in a filing set for publication in the Federal Register Wednesday. In justifying the requirement, officials cited reporting in Government Executive and other news outlets disclosing controversial proposals to overhaul federal layoff and performance management rules-and internal warnings against their implementation-prior to their formal publication."

""Unauthorized disclosures of confidential government information disrupt agency operations and erode public trust," OPM wrote. "In recent months, unauthorized disclosures have included internal government materials not intended for public release such as pre-decisional documents and interagency comments exchanged during internal coordination processes . . . Such disclosures risk chilling candid interagency feedback, disrupting orderly decision-making and weakening trust within and among federal agencies.""

"According to a draft copy of the proposed NDA, feds would be required to sign a document barring them from disclosing information related to internal agency operations, personnel and procurement matters and "any sensitive, pre-decisional or deliberative material" and vowing to inform their agency if they learn of others making such a disclosure."

"The draft NDA includes language stating that it does not conflict with the Whistleblower Protection Act, and that whistleblowers may continue to disclose information either to Congress or their agency's inspector general's office. But Kevin Owen, a partner at Gilbert Employment Law, a firm that specializes in federal employment issues, described those exceptions as mere "lip service.""

Read at Nextgov.com