The Trump administration has proposed a rule that would require federal workers to sign nondisclosure agreements (NDAs), according to a draft notice posted by the Office of Personnel Management (OPM) on May 26, 2026. The notice states that a governmentwide NDA form would promote consistency, protect confidential information, and inform federal employees of their rights concerning such information.
The proposal cites the need to combat unauthorized disclosures to the media, referencing previous reports about OPM's efforts to streamline the process for firing government employees. The notice indicates that violations of the NDA could lead to civil and criminal penalties. However, it clarifies that the NDAs would not restrict employees from making legally protected disclosures to Congress or designated individuals under the Whistleblower Protection Act.
Mark Zaid, an attorney and co-founder of Whistleblower Aid, expressed concerns that the NDA could intimidate employees and deter lawful disclosures. The rule is set to be officially published, initiating a 30-day public comment period, and individual agencies would have the discretion to implement the NDA. Everett Kelley, president of the American Federation of Government Employees, criticized the proposal, asserting that it would infringe on employees' First Amendment rights. OPM Director Scott Kupor defended the proposal, stating that it aims to enhance accountability and protect sensitive information.
