Civil Servants Are at Risk Under OPM's NDA

OPM has proposed a new, government‑wide nondisclosure agreement (NDA) that agencies could require all civil servants — including new hires — to sign as a condition of employment. The NDA defines “Confidential Government Information” so broadly that it could encompass nearly any non‑public detail of internal operations, personnel matters, procurement, or “pre‑decisional” work.
From the draft NDA: “all non-public, confidential, or proprietary information… relating to internal agency operations… or any sensitive, pre-decisional or deliberative material that is not currently publicly available.”

Because the definition is so vague, employees may not know what they can safely say. The NDA would bind employees for five years after leaving federal service and could be enforced through disciplinary action, civil penalties, or even criminal prosecution.
This proposal is paired with OPM’s new Suitability and Fitness rule, which makes “refusal to certify compliance with an NDA” grounds for firing or future ineligibility for federal employment — with no meaningful appeal. The same agency that drafts the NDA would also determine violations and impose penalties.

Civil servants, this proposal carries particular risks. Many of our members work in mission‑critical, safety‑sensitive, or public‑facing roles where transparency, professional judgment, and the ability to speak about workplace conditions are essential. The NDA’s sweeping definition of “confidential information” could make federal employees — who already navigate disproportionate scrutiny, bias, and vulnerability to retaliation — more hesitant to raise concerns about discrimination, workplace climate, or policy impacts on their communities. It may also chill participation in employee resource groups, mentoring, and advocacy that rely on discussing internal processes in general terms. By tying refusal to sign the NDA to “unsuitability” for federal employment, the rule creates a tool that could be misused against employees who are more visible, more outspoken, or more likely to challenge inequitable practices. In short, the proposal threatens all civil servants’ ability to serve with integrity, uphold constitutional obligations, and speak openly about the conditions that affect their safety, dignity, and careers.

Key Issues You May Wish to Raise in Your Comment

1. Legal Inaccuracies and Omissions The draft NDA omits congressionally mandated whistleblower‑protection language and uses outdated statutory text.¹ ²

Suggested Comment Language: “The proposed NDA fails to include the exact statutory language mandated by Congress. Because the form provides employees with legally inaccurate descriptions of their rights and threatens removal for failure to sign, OPM must withdraw the draft, correct the statutory omissions, and republish it for notice and comment.”

2. Chilling Effects on Whistleblowers and Public Access The NDA’s broad, subjective categories — “pre‑decisional,” “internal agency operations,” “sensitive” — create an in terrorem effect that discourages lawful speech, including reporting waste, fraud, abuse, or political interference.³ ⁴ ⁵ ⁶

Suggested Comment Language: “Federal employees already have extensive ethical and statutory obligations to safeguard classified and sensitive data. The broad, subjective categories of ‘confidential government information’ in this NDA risk creating a chilling effect that will suppress protected whistleblowing and reduce transparency about the lawful functioning of government.”

Submit Your Comment by June 26, 2026
Docket ID: OPM‑2026‑0100 **Title:**Confidential Government Information Nondisclosure Agreement
Submit your comment here: www.regulations.gov/  Then search for "Confidential Government Information Nondisclosure Agreement 

Anyone may comment — current civil servants, former employees, contractors, and members of the public. Your voice matters.

Thank you for standing up for a non‑partisan, transparent, constitutional civil service.

Democracy Forward, Guide to the OPM NDA Proposal.
Southworth PC, Formal Comment on Statutory Defects in OPM’s NDA Proposal.
Democracy Forward, What Makes an Effective Public Comment.
Government Executive, Analysis of OPM’s NDA Proposal.
Project on Government Oversight (POGO), Risks Posed by the Proposed NDA.
National Whistleblower Center, Concerns About OPM’s NDA and Whistleblower Protections.