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. Here’s what to know.

‘Standardized’ NDA

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, but would instead formalize acknowledgment of obligations that already exist under federal law and ethics regulations.

While the proposal is part of OPM’s efforts to revise federal employment standards involving employee conduct and compliance with confidentiality requirements, the signed NDA could also become part of an employee’s permanent file.

Impact on Federal Employee Rights

As the proposed NDA relates to government workers, federal employment attorneys say the proposal could have significant implications for federal workplace compliance, personnel actions, onboarding practices, internal investigations, and suitability determinations moving forward. The proposed NDA is broader than a typical federal employee agreement, and could lead to an employee’s removal for violating an NDA, which could also lead to future litigation.

Impact on Whistleblower Protections

While the proposed NDA may discourage federal employees from speaking out, there are currently legal limitations in place regarding use of NDAs for federal employees that bar NDAs from limiting whistleblowers rights, according to the Whistleblower Protection Enhancement Act of 2012 (WPEA).

The WPEA strengthens the protections for federal employees who disclose evidence of “waste, fraud, or abuse.”  Reporting evidence of waste, fraud, or abuse involving classified information or classified programs is allowed, but must be made consistent with established rules and procedures designed to protect classified information.

Navigating the Future Use of NDAs

While the proposal reflects the federal government’s growing focus on internal accountability, confidentiality, and control over sensitive information, federal agencies will need to carefully navigate how these agreements interact with whistleblower protections, employee rights, and existing federal employment laws. And it is equally important that federal employees understand their First Amendment rights.

The public comment period for this proposal runs for 30 days from initial publication in the Federal Register.

If you have questions about your rights as a federal employee, Tully Rinckey’s team of dedicated federal employment attorneys is available to assist. Please call 8885294543 to schedule a consultation, or schedule a consultation online.

 Michael C. Fallings focuses his practice on federal sector labor and employment law. Michael has extensive experience litigating cases on behalf of employees at the U.S. Merit Systems Protection Board (MSPB), Equal Employment Opportunity Commission (EEOC), and in both state and federal courts. He also has experience negotiating settlement agreements on behalf of federal employees. Michael has received numerous awards, including the 2026 Lawdragon 500 Leading Litigators in America, LawDragon 500 the Next Generation (2024-25), Lawdragon 500 Leading Civil Rights & Plaintiff Employment Lawyers (2025), National Black Lawyers Top 40 under 40, and Super Lawyers Rising Star (2023).