Trump Administration Proposes NDA for Federal Employees

OPM posted a draft notice to the Federal Register proposing a nondisclosure agreement for all current and future federal employees. The form would bar sharing “non-public, confidential, or proprietary information” and “any sensitive, pre-decisional or deliberative material” not publicly available. Agencies may elect to adopt it, but violations could trigger civil or criminal penalties. The rule will be published Wednesday and opens a 30-day public comment period.

NBC News

The draft cites “unauthorized disclosures” to New York Times and Washington Post about a January raid that captured Venezuelan President Nicolás Maduro, a leak of data on 4,500 ICE staff, and FBI/DHS releases on immigration enforcement. OPM says the language could cover “millions of workers.” It follows Trump-era NDAs for White House staff, deemed likely unconstitutional by Cornell scholars, and a 2023 Pentagon mandate.

Daily Beast

OPM says the NDA will “better protect confidential information” and “reinforce accountability,” while preserving whistleblower disclosures. Director Scott Kupor likens the requirement to private-sector practices. AFGE President Everett Kelley calls the draft “a continuation of OPM’s efforts to silence federal employees,” warning agencies will be pressured to make NDA mandatory and fire refusals. Mark Zaid says the language aims to intimidate the workforce.

NBC NewsCNN

Draft claims the New York Times delayed publishing to protect troops, but Times executive editor Joe Kahn says the outlet had no verified details and did not withhold a story. OPM says the NDA adds no “new substantive restrictions,” while critics argue it expands government control over speech. No data show how many agencies will adopt the form or how enforcement will be monitored. 30-day comment period will decide rule’s fate; if finalized, agencies could enforce it with disciplinary measures, prompting constitutional challenges.

Daily Beast

• “The form is intended to document Federal employees' acknowledgment of, and agreement to comply with, current legal obligations to safeguard non-public, confidential, or proprietary information, created or obtained through their official duties, while expressly preserving the right to make disclosures authorized by law,” — Scott Kupor, OPM Director

PBS News Hour

• “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.” — Everett Kelley, AFGE National President

CNN

• “Contrary to some claims, however, The Times did not have verified details about the pending operation to capture Maduro or a story prepared, nor did we withhold publication at the request of the Trump administration,” — Joe Kahn, Executive Editor, New York Times

Daily Beast