Trump Administration Proposes Government-Wide NDAs for Federal Workers to Prevent Leaks

The Trump administration has proposed a government-wide non-disclosure agreement for federal workers to prevent leaks, citing recent disclosures about immigration enforcement and a raid in Venezuela. The plan, which is open for public comment, faces strong opposition from federal unions, who argue the broadly defined NDA would silence whistleblowers, chill free speech, and is an attempt to purge career employees.

Federal employee NDA proposal

• ▪OPM Director Scott Kupor said the proposal reinforces accountability and that the federal government should not be held to a lower standard than the private sector
• ▪The proposed NDA would apply to both new and existing employees at federal agencies that choose to opt in
• ▪The proposal is subject to a 30-day public comment period after its publication in the Federal Register
• ▪The Trump administration's Office of Personnel Management (OPM) has proposed a new government-wide non-disclosure agreement (NDA) for federal workers

NDA scope and violations

• ▪The draft agreement states it does not restrict employees' rights to make protected whistleblower disclosures
• ▪Potential penalties for violating the NDA include disciplinary action, termination, and civil or criminal penalties, though specific consequences are still open for public comment
• ▪The agreement would remain in effect for five years after an employee leaves federal service
• ▪The NDA broadly defines "confidential government information" to include internal operations, personnel matters, procurement processes, and pre-decisional material

Union opposition to NDAs

• ▪Other groups opposing the plan include the National Federation of Federal Employees (NFFE), the National Treasury Employees Union (NTEU), and the Partnership for Public Service
• ▪AFGE President Everett Kelley stated the proposal is an attempt to "silence" employees and replace career civil servants with "loyalists."
• ▪The American Federation of Government Employees (AFGE), the largest federal workers union, strongly opposes the NDA proposal

Recent government leak incidents

• ▪The OPM justified the NDA by citing recent leaks, including disclosures about immigration enforcement plans and a U.S. raid in Venezuela to capture Nicolás Maduro
• ▪Other leaks cited by the OPM include the disclosure of personal information of 4,500 ICE agents and a Federal News Network article on OPM's own proposals
• ▪The administration claimed the Venezuela raid leaks put U.S. troops at risk, a characterization disputed by The New York Times' executive editor, Joe Kahn

Legal implications for employees

• ▪The Trump administration has previously used NDAs for senior White House staff, the Pentagon, and the Veterans Affairs Department
• ▪Legal experts and former officials argue the proposed NDA is unusually broad, as government NDAs are typically limited to specific projects or classified information
• ▪The administration is seeking public input on penalties for employees who refuse to sign an NDA, with a prior OPM proposal suggesting termination as a possible consequence
• ▪Federal employees are already bound by existing rules like the Privacy Act of 1974 that prohibit the disclosure of nonpublic information