TRUMP ADMINISTRATION SEEKS TO FORCE FEDERAL WORKERS TO SIGN NDA SUBJECTING THEM TO TERMINATION FOR DISCLOSING “CONFIDENTIAL” INFORMATION TO THE MEDIA

Abuse of Power

May 30

NEWS & RESEARCH

The Trump administration’s Office of Personnel Management proposed a rule in May 2026 that would enable federal agencies to require both their current and future employees to sign a nondisclosure agreement, or NDA. Such an agreement would bar government workers from sharing any information that the administration deems “confidential” with journalists. Violations could result in “removal from federal service,” along with criminal and civil penalties. The U.S. government would be entitled to any royalties that the employee received for the disclosure. Even after leaving their position, former government employees would still need “written permission from an authorized agency official” before speaking to the press about potentially “sensitive” matters.

SOURCES: Reuters | The Times | Federal Register

ANALYSIS & OPINION

Labor unions, press freedom advocates, and government watchdog groups have all raised major concerns about this proposed rule. The law already bars federal employees from sharing classified information. The proposed rule would apply broadly to non-classified information, including information that the administration might want to stifle because its casts it in a negative light. The president of the American Federation of Government Employees, Everett Kelley, called the proposed rule a violation of the First Amendment and an attempt “to purge the civil service of nonpartisan career employees and replace them with loyalists who won’t speak out against waste, fraud, and abuse.” Others worry that the rule would deter prospective whistleblowers from reporting illegal activity to Congress and inspectors general.

SOURCES: E&E News | BBC | Reuters

HOW TO FIX IT

Litigation:

Legal challenges could seek to strike the rule entirely under the Administrative Procedure Act—the same grounds courts have used to block other Trump administration regulations or under the First Amendment.
Federal action:
Pass legislation explicitly prohibiting federal agencies from requiring employees to sign NDAs covering unclassified information as a condition of employment.
Should the rule take effect, the following proposed bills would help mitigate its impact:
Whistleblower Anti-Gag Act of 2026 (S.4099): Would close a loophole in the Whistleblower Protection Enhancement Act to ensure that NDAs issued by federal corporations (such as the FDIC) notify employees of their right to make whistleblower disclosures to Congress, an Inspector General, or the Office of Special Counsel.
FBI Whistleblower Protection Enhancement Act of 2025 (S.2527): Requires the anti-gag provision to be included in NDAs for FBI employees as well.
PRESS Act (H.R.4250): Would bar the government from forcing journalists to reveal confidential sources or seizing their communications records—making it harder to identify and punish federal employees who speak to the press.
Saving the Civil Service Act (H.R.492 / S.134): Would reestablish due process for federal employees, meaning that before they could be fired, they would receive a written notice, a chance to respond, and the right to appeal before an independent body. This would prevent agencies from firing employees at-will for refusing to sign an NDA.
Congressional Whistleblower Protection Act (S.1154): Would protect federal employees from retaliation for disclosing information to Congress.