• The Office of Personnel Management under President Trump has proposed requiring federal workers to sign nondisclosure agreements.
  • The proposal raises concerns about its impact on whistleblower protections and government transparency.
  • Legal experts warn that broad NDAs could face constitutional challenges and chill disclosures of misconduct.

The Trump administration’s Office of Personnel Management is circulating a proposal that would mandate nondisclosure agreements for a broad swath of federal employees, according to a government statement. The move, which targets workers with access to sensitive information, is part of a broader push to tighten control over leaks and bolster accountability in the civil service.

Under the plan, employees would be barred from disclosing non-public information without authorization, with potential penalties for violations. However, the proposal has sparked immediate backlash from watchdog groups and whistleblower advocates, who argue it could stifle reports of waste, fraud, and abuse.

“Without explicit carve-outs for whistleblowers and congressional oversight, this would fundamentally undermine the protections that have been a cornerstone of federal employment,” said a former OPM official familiar with the matter. The agency declined to comment on the record.

The proposed NDAs would apply to all executive branch personnel, including those in non-sensitive roles, according to people familiar with the draft. Current law already restricts disclosure of classified information, but the new policy would extend to unclassified but “confidential” materials, a category critics say is overly broad.

Legal analysts predict challenges on First Amendment grounds, noting that past attempts at sweeping NDAs for federal staff have been struck down or narrowed by courts. “The Supreme Court has repeatedly held that the government cannot impose prior restraints on speech without a compelling interest,” said a constitutional law expert at Georgetown University. “This proposal likely overreaches.”

The OPM is expected to release a formal rulemaking in the coming weeks, which will trigger a public comment period. Meanwhile, Democratic lawmakers have vowed to introduce legislation blocking the measure, setting the stage for a partisan battle over transparency and executive power.

As the administration pushes forward, the impact on recruitment and retention remains uncertain. A 2023 survey by the Partnership for Public Service found that 68% of federal workers cited “mission-driven work” as a key motivator—a sentiment that could sour if employees fear reprisal for speaking out.

Correction: An earlier version of this article misstated the scope of the proposal. It applies to all federal employees, not just those with security clearances.