May 27, 2026: Trump Administration Proposes Nationwide NDAs for Federal Employees

On May 27, 2026, the Office of Personnel Management (OPM) released a draft proposal that would require federal employees nationwide to sign non‑disclosure agreements (NDAs). The initiative is positioned as a measure to prevent future information leaks that the administration says could endanger U.S. military personnel and compromise national security.

The draft states that unauthorized disclosures could “chill candid interagency feedback, disrupt orderly decision‑making, and weaken trust within and among Federal agencies.” OPM maintains the NDAs do not add new restrictions to employees’ lawful speech; instead, they formalise existing responsibilities to safeguard “non‑public, confidential, or proprietary information.”

Illustrative cases include alleged leaks that provided the New York Times and Washington Post with details of the U.S. raid on Venezuela. Those outlets reportedly delayed publishing to avoid jeopardising troops. Other cited incidents involve the release of personal data on 4,500 ICE agents, a Supreme Court opinion leak, and unapproved sharing of immigration enforcement plans.

Union leaders have raised significant concerns. Everett Kelley, president of the American Federation of Government Employees, warned that agencies might enforce the NDAs and terminate employees who refuse to sign, arguing the plan would “silence” workers and favor politically loyalists. Similar worries from the National Treasury Employees Union and other groups highlight potential First Amendment infringements and the cultivation of a culture of self‑censorship.

Legal scholars caution that the breadth of the proposed language could invite litigation. Amy Schmitz, a professor at Ohio State University, notes that most federal NDAs are tied to specific classified projects, whereas this draft applies broadly. Orly Lobel of San Diego’s Center for Employment & Labor Policy stresses the risk of “chilling in terrorem” effects on both employee speech and post‑career mobility, potentially harming whistleblowing and employment opportunities outside federal service.

OPM says the form is “optional,” allowing agencies to decide whether to adopt it for new hires and existing staff. The draft opened a 30‑day public comment period ending June 26, after which agencies will determine if or how the NDA is incorporated into their personnel policies.

The proposal sits at the intersection of national security concerns and civil liberties. As lawmakers, unions, and the public weigh in, the outcome could reshape how federal employees handle confidential information and how the government balances transparency with protection of sensitive data.