Under a new governmentwide plan from the Trump administration, federal workers could soon be required to sign stringent non-disclosure agreements.
The Office of Personnel Management on Tuesday unveiled its strategy to develop a uniform NDA for all federal staff, aiming to prevent internal government documents from being leaked to the media or otherwise released publicly.
The NDA covers federal information such as, but not limited to, “internal agency operations, personnel issues, procurement procedures or any sensitive, pre-decisional or deliberative material that is not already publicly accessible and is legally protected from disclosure,” according to the OPM.
“A standard NDA form will enhance consistency across government, strengthen protection of confidential information and better clarify federal employees’ rights and responsibilities regarding confidential data,” the OPM stated in its proposal, scheduled for publication in the Federal Register on Wednesday.
Under the proposed plan, each agency would determine whether to require their employees to sign the OPM’s NDA. The mandatory steps would affect both current staff and newly hired workers at participating agencies.
Signing the NDA would be a requirement mentioned in upcoming job postings. Completed forms would also be stored in employees’ electronic Official Personnel Folders (eOPFs).
The agreement would not impose any new restrictions on employees, according to OPM. Rather, it would formalize employees’ awareness of pre-existing non-disclosure requirements. The OPM confirmed the NDA would not interfere with or override whistleblower protections. Employees would remain free to report instances of fraud, waste, and abuse to Congress or an inspector general office, as noted in the proposal.
The American Federation of Government Employees criticized OPM’s proposal as an effort to silence and oust nonpartisan public servants who expose wrongdoing within their agencies.
“OPM says the form will be ‘optional’ for agencies and simply restates existing law. We know that won’t hold true,” said Everett Kelley, AFGE National President. “OPM will push agencies to enforce the NDA and then terminate employees who decline to sign.”
A draft version of the NDA released on Tuesday details the specifics of the legally binding agreement. One key clause notes that confidential information should only be utilized for “carrying out official duties and responsibilities.” Employees signing the NDA would also consent to “immediately” alert their agency if they learn of any suspected or confirmed unauthorized leaks.
The NDAs would remain in effect even after workers switch positions or employers, unless they receive written authorization from a designated agency representative — and even then, any shared materials might still include redacted sections.
Violating the NDA could lead to disciplinary measures including job dismissal or civil and criminal consequences for federal employees, according to the draft agreement.
OPM referenced recent cases of internal agency documents and draft government regulations being leaked to the press, such as a March 2025 Federal News Network story about OPM’s plan to revise suitability and fitness standards for the federal workforce.
The proposal also cited recent disclosures to media relating to immigration enforcement actions, details of roughly 4,500 ICE employee identities, and information surrounding this year’s U.S. military strike on Venezuela.
The draft NDA is in line with a separate OPM effort to amend suitability and fitness standards for federal employees. As of June 2025, OPM indicated that current employees would no longer meet suitability standards if they failed to “comply with generally applicable legal obligations,” including the failure to certify compliance with non-disclosure agreements. The 2025 proposal raised concerns about a chilling effect on federal employees’ readiness to report issues to Congress or the Office of Special Counsel.
Many federal employees already work under NDAs and other contracts limiting the release of government intelligence, particularly when dealing with classified materials. These agreements are designed to support national security and safeguard sensitive data.
“Agencies already have extensive systems in place for preventing unauthorized leaks of classified or privileged information,” Kelley remarked. “This proposed rule covers an exceptionally broad scope of information, applying restrictions even to material the public counts on to recognize when an administration is causing harm.”
There could also be notable legal impacts for federal workers required to sign NDAs. Before signing such agreements, employees should review the scope of information included in the NDA, how long it lasts, and what activities are specifically forbidden, attorneys recommend.
Michael Fallings, managing partner at Tully Rinckey, noted that the proposed governmentwide NDA is wider ranging than most federal employee agreements, which generally specify more precisely what type of information cannot be disclosed.
“If people end up losing their jobs for breaching or being accused of breaching this NDA, it will almost certainly result in lawsuits,” Fallings said. “Make sure you understand your existing protections, including your First Amendment rights.”
“This is a continuing push to make sure federal employees are following this administration’s rules and regulations — any misstep could be grounds for firing,” Fallings continued. “It’s introducing a new expectation for employees. If employees don’t meet those expectations, they may not be hired, or if already employed and found in violation, could be removed.”
The Trump administration has pursued other measures intended to stop federal employees from sharing information with the press. Earlier this year, the FBI reportedly raided a Washington Post journalist’s home during an investigation into a federal contractor accused of retaining classified files. Also in 2025, officials in agencies like the Department of Homeland Security started giving polygraph tests to employees to identify potential press leaks.
OPM is soliciting input on what scope the proposed NDA should cover; whether the NDA clearly defines applicable information; whether affected employees receive sufficient notice; and how agencies should handle cases where employees refuse to sign the agreement.
“Americans should be assured that their personal data and sensitive government information are being managed responsibly,” said OPM Director Scott Kupor. “This proposal strengthens accountability for the federal workforce while supporting agencies in better guarding against unauthorized leaks.”
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