Comment from Whistleblowers of America

Whistleblowers of America (WoA), which was founded in 2017 because hostile work environments can lead to serious injuries. While we support the protection of classified and national security information, the proposed NDA’s scope is alarmingly broad, threatening to undermine the very accountability mechanisms essential to democracy. By including vague categories such as "internal agency operations, personnel matters, procurement processes, or any sensitive, pre-decisional or deliberative material," OPM’s rule risks silencing those who expose waste, fraud, and abuse, thereby suppressing accountability. Unfortunately, we see the unintended consequence that this all-encompassing framework can foster an environment of intimidation, where employees fear severe career or legal retaliation for making legitimate, legally protected disclosures. Ultimately, the rule may establish a systemic preference for institutional secrecy and have a chilling effect on a transparent, open exchange of information required for effective oversight and citizens' confidence. Such a culture of secrecy not only discourages whistleblowing but also undermines the public trust that American democracy relies on. DOJ's own data shows that more corruption is uncovered by internal sources rather than by external auditors. The actions of whistleblowers have led to the US Government recovering billions of taxpayer dollars over the last decade. We would not want to see that recovery stifled. NDAs could serve as a psychological deterrent to that vital information if federal employees are afraid to speak up for fear of violating an NDA, misunderstanding their First Amendment rights, or become reticent in performing their professional obligations to speak up when they see human rights violations or corrupt actions for fear of the personal repercussions. The psychological and societal harms of institutional secrecy are well-documented. Research demonstrates that broad restrictions on sharing internal, sensitive information negatively impact personal well-being and hamper efforts to combat fraud. Studies show that silencing and retaliation can lead to anxiety, depression, PTSD, and suicide. When retaliation, discrimination or oppression in any workplace shatters an employee's professional ethics and disenfranchises their self-agency, then that person is likely to experience a mental health crisis and disability. The potential is an increased number of disabled employees who request reasonable accommodation, take leaves of absence, reduced morale and productivity, and reduced recruitment and retention. Employees who are less invested in their jobs are also more likely to look the other way when there is wrongdoing, which leaves systems more vulnerable to bad actors. Therefore, it is our contention that any policies that impact an employee’s psychological and co-morbid medical health must be carefully considered along with the legal parameters outlined in the proposed rule change. Transparency International emphasizes that restrictive NDAs are inconsistent with international best practices, which support safe whistleblowing channels to uncover corruption. Ignoring whistleblowers results in significant financial losses and avoidable harm. WoA therefore urges OPM to withdraw this proposal and maintain the current, more targeted disclosure standards, which protect both government integrity and personal well-being. WoA has been against NDAs that involve taxpayer (or shareholder) money. There should be transparency and accountability with all federal funds as outlined in the Sunshine Act and to the employees’ obligation and oath to defend the US Constitution and faithfully discharge their duties. To ask them to give up any of their rights or obligations can be disturbing to these employees, the programs they champion, and the beneficiaries they swore to serve and protect. Whistleblowers of America strongly urges OPM to reconsider the proposed non-disclosure agreement rule. Defending national security is vital, but not at the expense of the transparency and accountability that underpin taxpayer confidence in government. A more moderate approach is needed—one that preserves legitimate channels for reporting wrongdoing, safeguards employee health, and upholds the public’s right to know. We remain dedicated to supporting whistleblowers and championing reforms that strengthen—not silence—democratic oversight. We call on OPM to withdraw or fundamentally revise this proposal because of these profound concerns. If the proposed NDA plan is a foregone conclusion, then WoA would suggest that the government add language that would reward employees who speak out with bonuses or other accolades. There should be National Whistleblower Day recognition ceremonies on July 30th across the federal agencies. These steps could rebalance the unintended consequences that an NDA could have on silencing reporting fraud, waste and abuse.