Trump Administration Proposes Non-Disclosure Agreements for Federal Employees
The Trump administration is introducing a rule that mandates federal employees to sign non-disclosure agreements (NDAs), as outlined in a draft notice released by the Office of Personnel Management (OPM) on Tuesday.
The notice, published in the Federal Register, states that OPM believes implementing a government-wide NDA form will enhance consistency, better protect classified information, and clarify federal employees’ rights and obligations concerning such information.
Furthermore, the OPM notice highlights the necessity of combating “fraudulent disclosures” to the media. This follows reports from the previous year regarding controversial efforts by OPM to facilitate the termination of problematic government employees.
The notice articulates that unauthorized disclosures could hinder candid communication between federal agencies, disrupt decision-making processes, and erode trust within those entities. It specifies that breaches of the NDA by current and former employees may lead to both civil and criminal repercussions.
This proposal emerges amid scrutiny, having been initially reported by Reuters and The Washington Post. The notice emphasizes that the NDA will not restrict employees from making legally permissible disclosures to Congress, the Inspector General, or other protected organizations under the Whistleblower Protection Act.
Historically, the administration has faced criticism for allegedly disregarding these protections. A notable incident involved the indefinite suspension of 15 employees from the Federal Emergency Management Agency after they expressed concerns about the effects of mass layoffs; these employees were subsequently reinstated.
Mark Zaid, a Washington-based attorney and co-founder of Whistleblower Aid, remarked that the proposed NDA language should not impose new obligations or limit employees’ whistleblowing rights, yet he considered this a likely underlying aim of the initiative. He suggested that this plan seems designed to intimidate employees and deter unauthorized yet legal disclosures that could result in negative attention for the regime.
The rule is set for an official announcement on Wednesday, which will initiate a 30-day public comment period. According to the notice, federal agencies will have the discretion to implement NDAs. If an agency opts to adopt this approach, NDAs will apply to both new hires and current employees during the onboarding process.
Everett Kelly, national president of the American Federation of Public Employees, expressed strong opposition to the move, labeling it as a continuation of OPM’s efforts to silence federal workers. He argued that while OPM claims the use of the form is voluntary, it will pressure agencies to enforce these agreements mandatorily, potentially risking employment for those who resist signing.
Kelly emphasized that federal employees do not relinquish their First Amendment rights upon entering government service, asserting the public’s right to be informed about potential abuses by the administration. President Donald Trump has previously favored NDAs in both business and during his presidential campaign, frequently voicing commitments to eliminate leaks within the federal government.
OPM Director Scott Cooper defended the proposal, noting that employees in the private sector handling sensitive information are routinely required to sign NDAs, suggesting that federal standards should reflect a similar commitment. He added that the proposed rule aims to bolster accountability across the federal workforce while enhancing protection against unauthorized disclosures.
