Krishnamoorthi Demands Answers on Trump NDA Proposal That Could Silence Federal Whistleblowers

WASHINGTON - Congressman Raja Krishnamoorthi sent a letter to Office of Personnel Management (OPM) Director Scott Kupor demanding answers about the Trump Administration's proposal to implement a government-wide nondisclosure agreement (NDA) for federal employees, warning that the policy could silence whistleblowers, chill lawful disclosures, and weaken government accountability.

In the letter, Krishnamoorthi warned that the proposal, "as currently drafted, threatens constitutional rights, undermines whistleblower protections, and weakens the public accountability that Americans deserve from their government."

Krishnamoorthi raised concerns that the proposal's broad restrictions on vaguely defined "confidential" information could leave federal employees uncertain whether lawful communications with Congress, Inspectors General, law enforcement, or other oversight entities could expose them to discipline or retaliation. While OPM has stated that the NDA would not supersede existing whistleblower protections, Krishnamoorthi noted that "rights guaranteed on paper can be rendered ineffective if employees reasonably fear discipline, civil liability, or criminal penalties for exercising them."

"Federal employees should not be forced to guess which communications are permissible and which could expose them to punishment," Krishnamoorthi wrote. "This kind of ambiguity risks encouraging employees to remain silent rather than exercising their lawful rights, thereby chilling speech that is essential to government transparency, accountability, and effective congressional oversight."

The letter also raises concerns about whether the policy would be applied consistently across government. Krishnamoorthi noted that OPM cited leaks to the press as justification for the proposal while failing to reference recent disclosures of sensitive military strike information by senior officials.

"The federal government functions best when employees can faithfully execute their duties, report wrongdoing without fear of retaliation, and communicate with authorized oversight entities while appropriately safeguarding sensitive information," Krishnamoorthi wrote. "This proposal threatens all three."

Krishnamoorthi requested answers from OPM no later than June 24, 2026, including:

1. What legal analysis OPM conducted regarding the NDA's compatibility with the First Amendment and the Whistleblower Protection Act;
2. How OPM defines "confidential" information for purposes of the agreement and what safeguards exist to prevent overly broad interpretation or enforcement;
3. How OPM will ensure employees fully understand their right to communicate with Congress, Inspectors General, the U.S. Office of Special Counsel, law enforcement authorities, and other entities authorized to receive protected disclosures;
4. What protections would exist for employees who decline to sign the NDA if agencies choose to adopt it;
5. Whether OPM assessed the proposal's impact on whistleblowing activity, employee morale, federal recruitment, retention, or public trust in government institutions;
6. Whether the NDA would apply equally to career employees, political appointees, and senior agency officials; and
7. What consultation OPM conducted with Inspectors General, the Office of Special Counsel, employee organizations, constitutional law experts, and whistleblower advocacy groups.

The letter is available here.