A new proposal regarding government-wide nondisclosure agreements (NDAs) could affect both current and future federal employees across agencies, impacting their rights as well as their whistleblower protections and collective bargaining rights. Here’s what to know.
The proposal from the Office of Personnel Management (OPM), published in the Federal Register on May 27, 2026, would create a standardized NDA intended to document employees’ acknowledgment of existing obligations to protect non-public government information while preserving disclosures authorized by law, including protected whistleblower disclosures.
According to OPM, the proposed NDA is designed to improve consistency across the federal government, reinforce confidentiality obligations, and address concerns regarding unauthorized disclosures of sensitive government information.
The proposal in the Federal Register states that “[t]he form is intended to document Federal employees’ acknowledgment of, and agreement to comply with, current legal obligations to safeguard non-public, confidential, or proprietary information, created or obtained through their official duties, while expressly preserving the right to make disclosures authorized by law.”
The proposed form would apply to newly hired federal employees but could also be administered to existing employees if agencies choose to adopt it. OPM said the NDA would not create new substantive restrictions on employee speech or disclosure rights,...
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