Trump Administration Proposes Government-Wide NDA for Federal Employees

The Office of Personnel Management (OPM) proposed a government-wide nondisclosure agreement (NDA) on May 26, 2026, requiring all current and future federal employees to safeguard non-public, confidential, or proprietary information. OPM Director Scott Kupor defended the measure as a way to protect sensitive internal discussions and preserve deliberative decision-making. The proposal follows several high-profile leaks, including details regarding a January raid in Venezuela and the doxing of ICE agents.

The draft notice, posted to the Federal Register, initiates a 30-day public comment period ending June 26. While OPM describes the signing as voluntary and claims it preserves whistleblower protections, the agreement warns that failure to sign could lead to removal from federal service or criminal penalties. The policy aims to standardize how employees acknowledge existing confidentiality obligations rather than creating new legal restrictions.

Critics, including the American Civil Liberties Union and the Foundation for Individual Rights and Expression, argue the broad definitions of confidential information could violate First Amendment rights and hinder democratic accountability. Everett Kelley, president of the American Federation of Government Employees, characterized the move as an attempt to purge nonpartisan career employees and replace them with political loyalists. Legal experts further contend that the provided whistleblower carve-outs are ineffective, as internal reporting channels are often overburdened or politically captured.