Trump administration proposes NDA requirement for federal workers

Federal employees could soon face a new legal test over whether talking to journalists is protected speech or a punishable breach of secrecy. The Trump administration moved to let agencies require nondisclosure agreements that reach both current and former workers, a step lawyers for federal employees say could chill dissent, obscure misconduct and set up a constitutional challenge.

The Office of Personnel Management posted the draft agreement on Tuesday, May 26, 2026, and scheduled it to appear in the Federal Register on Wednesday, May 27, 2026. Agencies would decide for themselves whether to use it, but if adopted, the form would apply to both new and existing employees across the federal workforce. It defines “confidential government information” broadly, covering internal agency operations, personnel matters, procurement processes and sensitive pre-decisional or deliberative material.

The draft would also extend well beyond the end of federal service. Former employees would need written permission from an authorized agency official before speaking to journalists about information the government has deemed confidential, and the obligation would remain in force for five years after a worker leaves government. OPM said the form is meant to document existing duties to protect non-public information while preserving disclosures authorized by law. Violations could expose workers to civil and criminal penalties.

The policy lands in the middle of a familiar clash between secrecy and accountability. OPM said the proposal is intended to reinforce accountability and better protect personal data and sensitive government information. Director Scott Kupor said the federal government should not be held to a lower standard than the private sector, where confidentiality agreements are common. But the Reporters Committee for Freedom of the Press warned that aggressive efforts to limit interactions between government employees and journalists threaten public access to newsworthy information.

The administration pointed to several leaks as justification: planned immigration enforcement operations, a confidential U.S. operation before it occurred and the release of personal information belonging to roughly 4,500 Immigration and Customs Enforcement employees. Those examples suggest the White House wants to tighten control over information that can embarrass agencies or expose internal failures, not just protect classified material.

The proposal also arrives as Trump and members of his administration have filed at least five lawsuits against major media companies since the second term began, while the administration has pursued leak investigations and restrictions on reporters covering the Pentagon. Put together, the NDA draft could do more than standardize secrecy rules. It could change how federal workers report misconduct, and whether they feel safe telling the public what they know.