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Trump administration moves to require NDAs for federal employees
The White House is pushing new non-disclosure agreements for government workers, aiming to prevent leaks to the media that officials say endanger national security and disrupt internal operations.
Draft agreement outlines restrictions
The U.S. Office of Personnel Management (OPM) released a proposed NDA template for both new and existing federal employees. The notice argues that unauthorized disclosures to the press undermine trust between agencies, interfere with decision-making, and create risks for personnel.
OPM stated the agreements do not impose new legal limits on speech or whistleblower protections. Instead, they formalize existing obligations to protect confidential or proprietary information. Public feedback on the proposal is open for 30 days before finalization.
Critics warn of free speech risks
Legal experts and labor groups have raised concerns about the scope of the proposed NDAs. Everett Kelley, president of the American Federation of Government Employees, predicted the agreements would become mandatory across federal agencies, despite OPM claims that adoption is optional.
"OPM will pressure agencies to enforce these NDAs and retaliate against employees who refuse to sign," Kelley said. "This administration is trying to silence federal workers and replace career professionals with loyalists who won't speak out."
Everett Kelley, AFGE National President
Kelley emphasized that federal employees retain First Amendment rights and that the public has a right to know about government misconduct.
Leak incidents cited as justification
OPM referenced several recent leaks to justify the proposal. In one case, officials claimed that disclosures to The New York Times and The Washington Post about a planned U.S. raid in Venezuela endangered military personnel. The agency cited a Semafor report stating that news outlets delayed publication to avoid compromising the operation.
The New York Times disputed the claim, with Executive Editor Joe Kahn stating the outlet had no verified details about the raid and no story prepared in advance. The Times directed inquiries to Kahn's earlier statement, while the Washington Post has not yet responded.
OPM also highlighted a separate leak involving the personal data of 4,500 Immigration and Customs Enforcement (ICE) agents, which the agency said put employees at risk.
Legal experts anticipate challenges
Amy Schmitz, a law professor at The Ohio State University, noted that NDAs are common for government workers handling classified information or specific projects. However, she described the current proposal as unusually broad and suggested it could face legal challenges.
Orly Lobel, director of the Center for Employment & Labor Policy at the University of San Diego, warned that the agreements could intimidate employees into silence, even after leaving government service.
"Overly broad provisions create a chilling effect, discouraging workers from reporting unethical or incompetent behavior. They also risk limiting employees' future career mobility by creating perceived legal risks when they seek related employment."
Orly Lobel, University of San Diego
Lobel added that the proposal could undermine both free speech and fair competition in the job market.
Next steps
The public comment period on the proposed NDA runs until June 26, 2026. After review, OPM will decide whether to implement the agreements government-wide or allow agencies to adopt them selectively.
