OPM proposes government-wide NDA for 2 million federal workers

On May 26, 2026, the Office of Personnel Management posted a proposed rule in the Federal Register requiring all current and prospective federal civilian employees to sign a standardized nondisclosure agreement. The rule would apply to roughly 2 million career civil servants across every cabinet agency, from postal workers and park rangers to IRS auditors and VA nurses, regardless of whether they hold a security clearance.

No prior administration has imposed a government-wide NDA on career civil servants. In 2017, Trump's White House pressed political staff to sign NDAs covering their time in the West Wing, but University of Virginia presidential historian Russell Riley noted at the time that compelling career civil servants to sign had 'never been tried.' The Roosevelt and Taft 'gag orders' of the early 1900s, which barred workers from contacting Congress on pain of firing, are the closest historical parallel, and Congress passed the Lloyd-La Follette Act in August 1912 precisely to reverse them.

The Lloyd-La Follette Act of 1912 is the century-old floor the proposed NDA must clear. Congress passed it after Presidents Roosevelt and Taft issued executive orders that fired federal workers for communicating directly with members of Congress about workplace conditions. The law guarantees federal employees the right to petition Congress 'either individually or collectively' and to furnish information to any House, Senate committee, or member. OPM's proposed NDA doesn't repeal that right explicitly, but legal analysts warn the agreement's broad definition of 'confidential government information' will cause workers to self-censor precisely the kind of disclosures Lloyd-La Follette was designed to protect.

Kupor cited two specific leaks to justify the rule. The New York Times and Washington Post received information about a U.S. military raid on Venezuela in January 2026 that captured Venezuelan President Nicolás Maduro, and OPM's filing stated those leaks endangered U.S. troops. The administration also cited DHS and FBI employees who disclosed planned immigration enforcement actions to the press. The proposed rule structured as optional for agencies, though OPM expects widespread adoption, with the 30-day public comment period running through June 26, 2026.

The draft NDA's scope goes well beyond classified materials. It covers internal agency operations, personnel complaints, procurement processes, and 'any sensitive, pre-decisional or deliberative material that is not currently publicly available.' Workers who refuse to sign face potential termination and debarment from future federal employment. Workers who sign and later speak out face civil and criminal penalties. Kevin Owen, a partner at Gilbert Employment Law, called the whistleblower carve-outs in the agreement 'lip service,' noting the Office of Special Counsel moves slowly and the NDA's vague language will cause employees to stay silent even when disclosure is legally protected.

The Whistleblower ProtectionWhistleblower ProtectionFederal laws and regulations that shield government employees from retaliation when they disclose illegality, gross waste, abuse of authority, or substantial dangers to public health and safety.Key ConceptWhistleblower ProtectionFederal laws and regulations that shield government employees from retaliation when they disclose illegality, gross waste, abuse of authority, or substantial dangers to public health and safety.Open conceptBookmark Enhancement Act of 2012 sets a hard floor on what any federal NDA can restrict. It bars NDAs from blocking employees from disclosing waste, fraud, or abuse to Congress, an inspector general, or the Office of Special Counsel. OPM's proposed NDA includes those carve-outs, but Esha Bhandari, director of the ACLU's Speech, Privacy and Technology Project, argued the proposal would still 'leave the public in the dark about how the government works' by chilling disclosures workers fear might fall outside the protected categories. The First AmendmentFirst AmendmentConstitutional protection for freedom of religion, speech, press, assembly, and petition.Key ConceptFirst AmendmentConstitutional protection for freedom of religion, speech, press, assembly, and petition.Open conceptBookmark standard, set by Pickering v. Board of Education (1968), requires that government speech restrictions pass a balancing test weighing operational interests against workers' rights to speak on matters of public concern.

AFGE National President Everett Kelley, whose union represents 750,000 of the affected workers, called the rule 'another attempt to purge the civil serviceCivil ServiceThe body of nonpartisan government employees hired and retained on the basis of merit rather than political loyalty.Key ConceptCivil ServiceThe body of nonpartisan government employees hired and retained on the basis of merit rather than political loyalty.Open conceptBookmark of nonpartisan career employees and replace them with loyalists who won't speak out against waste, fraud, and abuse.' Doreen Greenwald, president of the National Treasury Employees Union representing 150,000 federal workers across 34 agencies, said there is no legal basis for the requirement. Both unions pledged to submit formal comments and consider legal challenges under the Administrative Procedure ActAdministrative Procedure Act1946 law governing how federal agencies develop regulations and make decisions through rulemaking and adjudication.Key ConceptAdministrative Procedure Act1946 law governing how federal agencies develop regulations and make decisions through rulemaking and adjudication.Open conceptBookmark if OPM finalizes the rule.

OPM Director Scott Kupor, a former managing partner at venture capital firm Andreessen Horowitz, was confirmed in a 49-to-46 party-line vote in July 2025, with Sen. Lisa Murkowski the only Republican to vote no. The NDA proposal fits within a broader Trump administration workforce restructuring that includes DOGE-linked layoffs, Schedule F reclassification of civil service protections, and suitability reviews used to remove employees. The Federal Register docket is OPM-2026-0100; any individual or organization can submit comments at regulations.gov through June 26, 2026.