OPM Proposes Government-Wide Nondisclosure Agreement for Federal Employees

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OPM Proposes Standard Nondisclosure Agreement for Federal Employees

The Office of Personnel Management (OPM) has proposed a draft nondisclosure agreement (NDA) designed to standardize the protection of confidential information across all government agencies. The draft was posted to the Federal Register on Tuesday and is scheduled for publication on Wednesday, initiating a 30-day public comment period.

Agencies would have the option—not the requirement—to implement the NDA, which would apply to both new hires and current employees.

“The stated goal of the proposal is to prevent unauthorized disclosures that ‘disrupt agency operations and erode public trust.’”

The draft defines "confidential information" broadly to include:

• Internal operations
• Personnel matters
• Procurement processes
• Any sensitive, pre-decisional, or deliberative material that is not publicly available

Violations of the NDA could expose current and former employees to civil and criminal penalties. The government could also claim royalties from prohibited disclosures. Former employees would require written permission from an authorized agency official before discussing information the administration deems "confidential" with journalists.

The proposed rule explicitly states that it does not affect legally protected disclosures. Whistleblower rights are preserved, including disclosures of fraud, abuse, or misconduct made to internal watchdogs, Inspectors General, or Congress.

OPM officials and legal analysts have stated that the rule does not create new substantive restrictions on speech, but rather standardizes an acknowledgment of existing legal obligations.

The draft cites specific recent leaks as justification for the rule:

• Unauthorized disclosures to The New York Times and The Washington Post regarding a U.S. raid on Venezuela.
• A staffer's disclosure of personal information belonging to approximately 4,500 Immigration and Customs Enforcement (ICE) personnel.

This proposal follows a move by Defense Secretary Pete Hegseth's office last year, which began requiring Pentagon officials to sign NDAs before accessing certain projects. The draft is part of a broader series of actions by the Trump administration to increase control over information flow, including lawsuits against news outlets and restrictions on press access.

• Union Opposition: The American Federation of Government Employees (AFGE), the largest federal workers union, has criticized the proposal. AFGE National President Everett Kelley stated that the NDA “could be used to fire employees who refuse to sign and to replace nonpartisan career employees with loyalists,” while potentially infringing on First Amendment rights.
• Attorney Analysis: Former federal HR attorney Ray Limon argued that the broad language could discourage lawful whistleblower disclosures under the Whistleblower Protection Act. Conversely, attorney Mark Zaid stated the NDA would not create new legal obligations or limit whistleblowing, but “might aim to intimidate employees.”
• Union Statement: The National Federation of Federal Employees said the administration has used NDAs to pressure workers into silence.

OPM has invited public comment on the proposed rule, including on penalties for employees who refuse to sign the NDA. The draft does not mandate adoption by agencies, which retain discretion on whether to use the agreement.