OPM Proposes Governmentwide NDA as Part of Crackdown on Federal Leaks

The Trump administration wants federal workers to sign a nondisclosure agreement (NDA) to prevent leaks of documents to the media and elsewhere. While federal employees are already subject to various confidentiality, classified information, and disclosure rules, OPM says a governmentwide NDA form will promote consistency and better inform “Federal employees of their rights and obligations regarding confidential information.”

The document would bar employees from disclosing information related to internal agency operations, personnel and procurement matters, and “any sensitive, pre-decisional or deliberative material.”

"In much of the private sector, employees handling sensitive business or customer information are routinely required to sign confidentiality agreements, and the federal government should not be held to a lower standard," said OPM Director Scott Kupor. "Americans should be able to trust that their personal data and sensitive government information are being handled responsibly.”

The proposed rule was published in the Federal Register by the Office of Personnel Management (OPM) and is open for comment through June 26, 2026. 

Included in the proposal is a template NDA. It contains information on what information is subject to nondisclosure, what happens when an employee leaves service, possible exclusions, as well as remedies for violations, which may include termination, debarment from future federal opportunities, and civil and criminal charges. 

OPM says the form could become a standard part of the onboarding process and that it is compliant with existing laws and whistleblower protections.

“If someone witnesses illegal conduct, fraud, abuse, or misconduct, longstanding whistleblower laws remain fully intact. Protected disclosures are protected disclosures,” wrote Director Kupor in an accompanying blog post. 

OPM Cites DHS, FBI Leaks

OPM wrote that a governmentwide NDA is needed given there have been “several recent instances in which internal agency communications related to rulemaking and policy development were disclosed without authorization” and that such disclosures “risk chilling candid interagency feedback, disrupting orderly decision-making, and weakening trust within and among Federal agencies.”

OPM gave several examples, including the leaking of planned immigration enforcement actions in 2025 by several employees in the Federal Bureau of Investigation (FBI) and the Department of Homeland Security (DHS)-- and the leaking of personal information of approximately 4,500 Immigration and Customs Enforcement (ICE) employees in 2026. 

OPM says the proposed NDA does not create new restrictions on employee speech for disclosures but is designed to “provide agencies with a standardized mechanism for employees to acknowledge and agree to comply with obligations that already exist under law and regulation.” 

Agencies would decide whether to require employees to sign the NDA. The requirements would apply to both new hires and existing employees.

Opposition Comments

The proposed rule prompted swift opposition.

Among those planning to submit comments in opposition is the American Federation of Government Employees (AFGE). 

“Federal agencies already have extensive policies and procedures in place for preventing the unauthorized release of classified or privileged information. This proposed rule sweeps in an extraordinarily broad category of information, extending restrictions to the very material the public relies on to learn when an administration is causing harm,” said AFGE National President Everett Kelley in a statement.

Others say it’s a continuation of politicizing the federal workforce. 

“Taken alone, today’s proposed rule may seem relatively harmless, but taken in context, it is a significant move toward building a federal workforce loyal to the President above all else,” said David Kligerman of Whistleblower Aid.