The administration is proposing nationwide non-disclosure agreements for current and former federal employees to curb leaks, covering non-public information obtained through official duties while preserving legally authorized disclosures.

Draft NDA rules faced criticism over potential chilling effects on speech and post-employment opportunities, with concerns that it could silence whistleblowers and expand government control beyond existing laws.

Labor groups and employment lawyers urge careful balancing of national security interests with employees’ rights, noting the final version will be clearer after the 30-day public comment period.

Legal scholars warn of chilling effects on speech and accountability, including risks to whistleblowers and post-employment disclosures.

The NDA draft claims it does not conflict with the Whistleblower Protection Act and would allow disclosures to Congress or an inspector general, but experts say the carve-outs are insufficient.

The report on the NDA proposal was published by Law360 on May 26, 2026.

Legal experts warn the NDA could infringe First Amendment rights and whistleblower protections, potentially centralizing authority under OPM and creating a new category of firing shielded from oversight.

Legal scholar Ray Limon cautions the NDA could be very broad and chill legitimate disclosures under the Whistleblower Protection Act.

The excerpt provides no final policy details, implementation timeline, or participating agencies, signaling an early-stage report.

The proposal claims no new speech restrictions and aims to standardize obligations, but critics say it broadens control over employee disclosures.

OPM has not commented publicly on the proposal, and NPR did not receive an immediate response to questions.

OPM Director Scott Kupor defends the proposal as akin to private-sector confidentiality practices, noting it would not automatically apply to all employees.