Overview
- The Office of Personnel Management published a draft NDA and opened it for public comment on Tuesday, May 26, 2026, as a template agencies may choose to use for new and existing employees.
- The proposal would let agencies seek civil and criminal penalties for unauthorized disclosures, and would give the government rights to any payments or “royalties” employees receive for prohibited disclosures.
- The draft would require former federal employees to obtain written permission from an authorized official before speaking to journalists about information the agency deems confidential.
- OPM's text says the agreement would not apply to legally protected disclosures of fraud, abuse or misconduct to Inspectors General or to Congress, but critics warn broad definitions of 'confidential' could chill reporting and speaking by staff.
- The form is not yet binding governmentwide because agencies must adopt it and it could face legal challenges; the public comment period, agency choices and any lawsuits will determine whether and how it is implemented.