The Office of Personnel Management (OPM) is moving forward with a proposal to create a standardized Nondisclosure Agreement (NDA) for federal employees across the government.
The draft notice was posted for public inspection on May 26, 2026, and officially published in the Federal Register on May 27, 2026. It is currently open for a 30-day public comment period.
Purpose of the Proposed NDA
OPM states that the goal of the standardized form is to promote consistency across agencies, better protect confidential government information, and clearly inform employees of their existing legal obligations. The proposal was driven by recent unauthorized disclosures of pre-decisional and internal documents to the media.
The NDA would cover non-public, confidential, or proprietary information, including but not limited to:
- Internal agency operations
- Personnel matters
- Procurement processes
- Sensitive, pre-decisional, or deliberative material that is not publicly available
Federal employees would agree not to disclose such information except as authorized and to promptly report any unauthorized disclosures they become aware of. The obligations would generally continue after separation from federal service unless the agency grants permission to disclose.
Key Details
- Optional for Agencies: The NDA is not mandatory government-wide. Individual agencies would decide whether to require it for their employees and contractors.
- Applies to New and Current Employees: It is designed for both new hires and existing federal workers.
- No New Restrictions Claimed: OPM emphasizes that the NDA does not create new legal limits on speech or disclosure. It simply documents acknowledgment of obligations that already exist under laws such as the Privacy Act, Trade Secrets Act, and classification rules.
- Whistleblower Protections: The draft includes explicit language preserving employees’ rights to make disclosures protected under the Whistleblower Protection Act, including reports to Congress, Inspectors General, or the Office of Special Counsel.
Reactions
Union leaders and employee advocates have raised concerns. The American Federation of Government Employees (AFGE) and others worry that the broad language regarding “pre-decisional” and “deliberative” material could chill internal discussion and legitimate whistleblowing, despite the stated exceptions.
Good government groups, such as the Partnership for Public Service, have also expressed skepticism, suggesting the blanket approach may be more about deterring disclosures than addressing a clear operational need.
Next Steps
Public comments on the proposal (Docket ID: OPM-2026-0100) are due within 30 days of publication in the Federal Register. Agencies and employees should monitor developments, as implementation would depend on final approval and individual agency decisions.
This proposal fits into a broader set of OPM initiatives under the current administration focused on workforce accountability and reducing leaks.
Federal employees with questions should consult their agency’s human resources office or legal counsel. The full draft notice and NDA template are available on Regulations.gov and the Federal Register website.
