Trump administration pushes governmentwide NDA for federal employees

By Drew Friedman

Federal employees may soon have to sign strict nondisclosure agreements, according to a new governmentwide proposal from the Trump administration.

The Office of Personnel Management on Tuesday released plans to create a standardized NDA for all federal employees, in an attempt to stop government documents from being leaked to the press or otherwise made public.

The NDA applies to federal information including, but not limited to, “internal agency operations, personnel matters, procurement processes or any sensitive, pre-decisional or deliberative material that is not currently publicly available and should not be disclosed under applicable law,” OPM said.

“A standard NDA form will promote consistency across government, better protect confidential information and better inform federal employees of their rights and obligations regarding confidential information,” OPM said in its proposal, which was published in the Federal Register Wednesday.

Under the proposal, all agencies would decide whether to require that their employees sign OPM’s NDA. The requirements would apply to both current employees and new hires at agencies that opt in. An NDA requirement would be included in forthcoming agency job announcements, and signed forms would be saved as part of employees’ electronic Official Personnel Folders (eOPFs).

The agreement would not add further restrictions on employees, OPM said, but instead document their acknowledgement of existing nondisclosure obligations. OPM said the NDA would not restrict or supersede whistleblower protections. Employees would also still be able to disclose instances of fraud, waste and abuse to Congress or an inspector general office, according to the proposal.

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The American Federation of Government Employees called OPM’s proposal an attempt to silence and purge nonpartisan civil servants who speak out about wrongdoing at their agencies.

“OPM claims the form will be ‘optional’ for agencies to use and merely restates existing law. We know that will not be true,” AFGE National President Everett Kelley said Tuesday. “OPM will pressure agencies to make the NDA mandatory and then fire employees who refuse to sign it.”

A draft version of the NDA, published Tuesday, outlines parameters of the legally binding agreement. It includes a provision stating that confidential information should only be used for “performing official duties and responsibilities.” Employees who sign the NDA would also agree to “promptly” notify their agency of any unauthorized disclosures they suspect or become aware of.

The NDAs would remain in place even after federal employees change jobs or employers, unless given written permission from an authorized agency official for a disclosure — and even then, disclosures may still contain redacted information. Violations of the NDA could result in disciplinary action, including terminations or civil and criminal penalties for federal employees, the draft agreement states.

OPM cited recent instances of internal agency documents and draft government regulations being leaked to the press, including a March 2025 Federal News Network article on OPM’s proposal to revise suitability and fitness regulations for the federal workforce.

The proposal also pointed to recent disclosures made to news outlets related to immigration enforcement actions, the identities of about 4,500 ICE employees and plans surrounding the U.S. military strike on Venezuela earlier this year.

The draft NDA aligns with a separate OPM proposal amending suitability and fitness regulations for federal employees. In June, OPM said current employees would fall short of suitability standards if they fail to “comply with generally applicable legal obligations,” including failure to certify compliance with nondisclosure agreements. That proposal raised concerns of a chilling effect on federal employees’ willingness to report disclosures to Congress or the Office of Special Counsel.

Certain federal employees are already subject to NDAs and other agreements restricting the release of government intelligence, often in cases involving classified information. The agreements are meant to help safeguard national security and sensitive information.

“Agencies already have extensive policies and procedures in place for preventing the unauthorized release of classified or privileged information,” Kelley said. “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.”

There may also be significant legal implications for federal employees who are required to sign NDAs. Before signing an agreement, employees should consider the scope of information covered in the NDA, the duration and the types of prohibited activities involved, attorneys have recommended.

Michael Fallings, managing partner at Tully Rinckey, said the proposed governmentwide NDA is broader than typical federal employee agreements, which tend to more specifically state what type of information cannot be disclosed.

“If people are removed from their jobs for violating or allegedly violating this NDA, it will certainly lead to litigation,” Fallings said. “Understand the rights you do have, including your First Amendment rights.”

“This is a continued effort to ensure federal employees are complying with this administration’s rules and regulations — any noncompliance could be seen as a cause for removal,” Fallings added. “It’s adding a condition for employees to meet. And not meeting those conditions could cause employees not to be hired, or if they are hired and they violate this, then to be removed.”

The Trump administration has taken other steps to block federal employees from sharing information with the press. Earlier this year, the FBI searched a Washington Post reporter’s home as part of an investigation into a federal contractor accused of retaining classified documents. And in 2025, officials at agencies such as the Department of Homeland Security began administering polygraph tests to employees in an attempt to identify press leaks.

OPM is requesting feedback on what the scope of the proposed NDA should cover; if the NDA clearly indicates what information is subject to the requirements; if there is sufficient notice for impacted employees; and how agencies should address instances of employees refusing to sign the agreement.

“Americans should be able to trust that their personal data and sensitive government information are being handled responsibly,” OPM Director Scott Kupor said. “This proposal reinforces accountability across the federal workforce while helping agencies better protect against unauthorized disclosures.”