The Trump administration is moving to require federal employees across government to sign nondisclosure agreements, a dramatic expansion of workplace confidentiality restrictions that would apply to millions of workers and potentially reshape how government information flows to the public.
The Office of Personnel Management unveiled a draft rule on Tuesday requiring a standardized NDA form for federal workers. According to the notice posted to the Federal Register, OPM argues the measure would ensure consistency across agencies, tighten protection of sensitive information, and make employees aware of their obligations regarding confidential material.
The administration framed the move as a response to what it calls "unauthorized disclosures" to news outlets, explicitly citing last year's media reports about OPM's efforts to streamline firing of government employees. The notice contends such leaks "risk chilling candid interagency feedback, disrupting orderly decision-making, and weakening trust within and among Federal agencies."
Employees and former employees who violate the NDA could face both civil and criminal penalties, according to the proposal. The rule comes with language stating that NDAs would not prevent employees from making legally protected disclosures to Congress, inspectors general, or other designated officials under the Whistleblower Protection Act.
That language distinction, however, has drawn skepticism from legal experts. Mark Zaid, a Washington attorney who co-founded the advocacy group Whistleblower Aid, told NBC News the proposed NDA likely changes nothing legally but may serve a different purpose entirely.
"It would appear this new effort serves only the purpose of trying to induce fear and intimidate the workforce so as to stop unauthorized but lawful disclosures of information that has often resulted in negative publicity for the Administration," Zaid said in an email.
The rule is set to officially publish Wednesday and will open a 30-day public comment period. Individual agencies would have discretion to adopt the NDA, though the notice says those electing to use it would require newly hired employees to sign it during onboarding and would administer it to current staff as well.
OPM Director Scott Kupor defended the proposal by drawing a parallel to private sector practice. "In the private sector, employees handling sensitive business or customer information are routinely required to sign confidentiality agreements, and the federal government should not be held to a lower standard," Kupor said, adding that the move would reinforce accountability while protecting sensitive government information.
The proposal has already drawn opposition from federal employee unions and government accountability advocates. Everett Kelley, national president of the American Federation of Government Employees, said the union would fight the initiative and predicted OPM's assurances about agency discretion would prove hollow.
"OPM claims the form will be 'optional' for agencies to use and merely restates existing law. We know that will not be true. OPM will pressure agencies to make the NDA mandatory and then fire employees who refuse to sign it," Kelley said. "Federal employees do not surrender their First Amendment rights when they accept federal employment, and the public has a right to know about this administration's abuses."
The timing reflects broader tensions over government transparency. Earlier this year, the administration placed 15 Federal Emergency Management Agency workers on indefinite leave after they raised concerns about the impact of mass layoffs. Though those workers were later reinstated, the move highlighted friction between the administration and federal staff over what constitutes permissible disclosure.
Author Sarah Mitchell: "The administration is betting that fear works better than law when it comes to silencing inconvenient truths."
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