Trump Administration Proposes Government-Wide NDA for Federal Employees

The United States Office of Personnel Management (OPM) has proposed a government-wide nondisclosure agreement (NDA) requiring current and future federal employees to safeguard non-public, confidential, or proprietary information. Released in a Federal Register filing on May 27, 2026, the draft agreement covers internal agency operations, procurement matters, and pre-decisional materials. OPM Director Scott Kupor defended the measure as a way to preserve deliberative decision-making and standardize existing legal obligations, citing unauthorized leaks regarding a military raid in Venezuela and the doxing of ICE agents as justification.

While the draft describes signing as voluntary, it warns that failure to comply could lead to removal from federal service. The proposal includes carve-outs for authorized whistleblower disclosures to Congress and inspectors general. However, critics including the American Civil Liberties Union and the Foundation for Individual Rights and Expression argue the definitions are over-broad and could function as gag orders that violate First Amendment rights.

Opponents, such as the American Federation of Government Employees, claim the policy is a tool to purge nonpartisan career employees and replace them with political loyalists. Legal experts have questioned the necessity of the NDAs, noting that existing laws already govern sensitive information. The proposal is open for public comment until June 26.