Notice2026-10471
Confidential Government Information Nondisclosure Agreement
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 27, 2026
Issuing agencies
Personnel Management Office
Abstract
The Office of Personnel Management (OPM) requests comment on a draft nondisclosure agreement (NDA) for use by Federal agencies for both new and existing employees. The 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. OPM believes that a governmentwide NDA form will promote consistency across Government, better protect confidential information, and better inform Federal employees of their rights and obligations regarding confidential information.
Full Text
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<title>Federal Register, Volume 91 Issue 101 (Wednesday, May 27, 2026)</title>
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[Federal Register Volume 91, Number 101 (Wednesday, May 27, 2026)]
[Notices]
[Pages 31478-31481]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10471]
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OFFICE OF PERSONNEL MANAGEMENT
[Docket ID: OPM-2026-0100]
Confidential Government Information Nondisclosure Agreement
AGENCY: Office of Personnel Management.
ACTION: Notice with request for comment.
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SUMMARY: The Office of Personnel Management (OPM) requests comment on a
draft nondisclosure agreement (NDA) for use by Federal agencies for
both new and existing employees. The 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. OPM believes that a governmentwide NDA form will
promote consistency across Government, better protect confidential
information, and better inform Federal employees of their rights and
obligations regarding confidential information.
[[Page 31479]]
DATES: Comments must be received on or before June 26, 2026.
ADDRESSES: You may submit comments using the Federal eRulemaking Portal
at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for sending
comments.
The general policy for comments and other submissions from members
of the public is to make these submissions available for public viewing
at <a href="https://www.regulations.gov">https://www.regulations.gov</a> without change, and including any
personal identifiers or contact information. Before finalizing the NDA,
OPM will consider all comments received on or before the closing date
for comments. OPM may make changes to the NDA after considering the
comments received.
FOR FURTHER INFORMATION CONTACT: Joe Knouff, Suitability Director,
(202) 599-0090. Email: <a href="/cdn-cgi/l/email-protection#e4b7918d90a1a5a48b9489ca838b92"><span class="__cf_email__" data-cfemail="de8dabb7aa9b9f9eb1aeb3f0b9b1a8">[email protected]</span></a>, with Attn: NDA Information in
the subject line.
SUPPLEMENTARY INFORMATION:
Background and Authority
Congress has long authorized the President to ensure that
individuals employed in the Federal civil service are suitable for
Federal employment. Since 1871, Congress has empowered the President to
prescribe regulations governing admission into the civil service, to
ascertain the fitness and character of applicants, and to establish
standards for the conduct of Federal employees in order to promote the
efficiency of the service. Today, these authorities are reflected in 5
U.S.C. 3301 and 7301, which authorize the President to prescribe
regulations for admission to the civil service, to assess applicant
fitness and character, and to regulate employee conduct in the
executive branch.
Historically, the President has delegated this authority to the
Office of Personnel Management (OPM) and its predecessor, the Civil
Service Commission, including responsibility for establishing
suitability standards and for conducting suitability investigations
related to appointment and continued Federal employment. OPM exercises
this authority through regulations governing suitability and fitness
determinations, which are intended to identify character or conduct
that may adversely affect the integrity or efficiency of the service.
In addition to suitability standards, Federal employees are subject
to longstanding legal requirements to safeguard nonpublic information
obtained through their official duties. These obligations arise under
multiple authorities, including the Standards of Ethical Conduct for
Employees of the Executive Branch (5 CFR part 2635), which prohibit the
unauthorized disclosure of nonpublic information, implementing
regulations of the Federal Records Act at 36 CFR 1222.24(a)(6), as well
as statutes such as the Privacy Act of 1974.\1\ Together, these
requirements reflect the expectation that Federal employees will handle
Federal records and other non-public, confidential, or proprietary
information responsibly and refrain from disclosing such information
without authorization or through unauthorized channels. OPM is defining
``Confidential Government Information'' for purposes of the NDA as all
non-public, confidential, or proprietary information, to include, but
not be limited to, information relating to internal agency operations,
personnel matters, procurement processes, or any sensitive, pre-
decisional or deliberative material that is not currently publicly
available and should not be disclosed under applicable law.
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\1\ These obligations include prohibitions against using
nonpublic information to further one's own private interests, as
well as governing the collection, maintenance, use, and
dissemination of information about individuals maintained in systems
of record by federal agencies. See 5 CFR 2635 and the Privacy Act of
1974 (5 U.S.C. 552a).
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Federal employees do not have discretion to disclose Confidential
Government Information outside of narrow circumstances prescribed by
relevant authorities and implemented by procedures which may differ by
agency.\2\ Unauthorized disclosures of Confidential Government
Information disrupt agency operations and erode public trust. In recent
months, unauthorized disclosures have included internal government
materials not intended for public release, such as pre-decisional
documents and interagency comments exchanged during internal
coordination processes.\3\ There have been several recent instances in
which internal agency communications related to rulemaking and policy
development were disclosed without authorization.\4\ Such disclosures
risk chilling candid interagency feedback, disrupting orderly decision-
making, and weakening trust within and among Federal agencies.
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\2\ Such circumstances would include disclosures to Congress, an
Inspector General, or other designated individuals that are
protected under the Whistleblower Protection Act, 5 U.S.C. 2302(b)
(i.e., a violation of any law, rule, or regulation; mismanagement, a
gross waste of funds, or an abuse of authority; or a substantial and
specific danger to public health or safety).
\3\ Wagner, Erich and Eric Katz, ``Agencies internally pan OPM's
bid to overhaul federal performance management,'' Government
Executive (Jan. 29, 2026), <a href="https://www.govexec.com/workforce/2026/01/agencies-internally-pan-opms-bid-overhaul-federal-performance-management/411051/">https://www.govexec.com/workforce/2026/01/agencies-internally-pan-opms-bid-overhaul-federal-performance-management/411051/</a>.
\4\ Friedman, Drew, ``OPM seeks broader authority to fire
federal employees, draft regulations show,'' Federal News Network
(Mar. 26, 2025), <a href="https://federalnewsnetwork.com/workforce/2025/03/opm-seeks-broader-authority-to-fire-federal-employees-draft-regulations-show/">https://federalnewsnetwork.com/workforce/2025/03/opm-seeks-broader-authority-to-fire-federal-employees-draft-regulations-show/</a>.
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These are not the only types of recent incidents underscoring the
need for an NDA. In 2025, several Federal employees in the Federal
Bureau of Investigation and Department of Homeland Security (DHS)
engaged in unauthorized disclosure on planned immigration enforcement
actions--disclosures that impeded enforcement of Federal law and put
the lives of Federal agents in danger.\5\ In early 2026, the New York
Times and Washington Post received unauthorized disclosures from
Federal employees divulging the secret U.S. raid on Venezuela prior to
it occurring.\6\ These leaks put the lives of members of the armed
forces at risk, leading news organizations to delay ``publishing what
they knew to avoid endangering US troops.'' \7\ Also this year, the
personal information of approximately 4,500 ICE employees--including
nearly 2,000 employees working in frontline enforcement--was disclosed
by a Federal employee, including names, addresses, email addresses,
phone numbers, and job titles.\8\ This leak jeopardized the safety of
the agents.\9\
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\5\ Pritchett, Elizabeth, ``DHS says it `can, should and will'
administer polygraph exams amid ICE raid location leaks,'' Fox News
(Feb. 19, 2025), <a href="https://www.foxnews.com/us/dhs-says-can-should-will-administer-polygraph-exams-amid-ice-raid-location-leaks">https://www.foxnews.com/us/dhs-says-can-should-will-administer-polygraph-exams-amid-ice-raid-location-leaks</a>;
Ainsley, Julia, and Jonathan Allen, ``DHS has begun performing
polygraph tests on employees to find leakers,'' NBC News (Mar. 8,
2025), <a href="https://www.nbcnews.com/politics/national-security/dhs-begun-performing-polygraph-tests-employees-find-leakers-rcna195485">https://www.nbcnews.com/politics/national-security/dhs-begun-performing-polygraph-tests-employees-find-leakers-rcna195485</a>.
\6\ Tani, Max, and Shelby Talcott, ``News organizations held off
on reporting Venezuela raid,'' Semafor (Jan. 3, 2026), <a href="https://www.semafor.com/article/01/03/2026/new-york-times-washington-post-held-off-on-reporting-venezuela-raid">https://www.semafor.com/article/01/03/2026/new-york-times-washington-post-held-off-on-reporting-venezuela-raid</a>.
\7\ Id.
\8\ Putnam, Joanna, `` `ICE List' doxxing site alleges DHS
whistleblower leaked identities of 4,500 agents'' Police1 (Jan. 14,
2026), <a href="https://www.police1.com/officer-safety/ice-list-doxxing-site-alleges-dhs-whistleblower-leaked-identities-of-4-500-agents">https://www.police1.com/officer-safety/ice-list-doxxing-site-alleges-dhs-whistleblower-leaked-identities-of-4-500-agents</a>.
\9\ U.S. Department of Homeland Security, ICE Officers Face an
8,000% Increase in Death Threats Against Them and Their Families
(press release) (Jan. 26, 2026), <a href="https://www.dhs.gov/news/2026/01/26/ice-officers-face-8000-increase-death-threats-against-them-and-their-families">https://www.dhs.gov/news/2026/01/26/ice-officers-face-8000-increase-death-threats-against-them-and-their-families</a>; Carnahan, Ashley, ``Self-identified Antifa member
arrested after allegedly threatening ICE agents, DOJ says'' Fox News
(Feb. 5, 2026), <a href="https://www.foxnews.com/us/self-identified-antifa-member-arrested-after-allegedly-threatening-ice-agents-doj-says">https://www.foxnews.com/us/self-identified-antifa-member-arrested-after-allegedly-threatening-ice-agents-doj-says</a>.
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The problem is so widespread that the Supreme Court itself has
instituted the use of nondisclosure agreements to attempt to dissuade
staff from the harmful practice of disclosing Confidential Government
Information and as a means to hold individuals
[[Page 31480]]
accountable for such behavior.\10\ The Supreme Court took this step
after a shocking incident where an individual, likely a law clerk,
disclosed (without authorization) a copy of a draft decision in a
controversial abortion case to a reporter.\11\ In the weeks and months
that followed, Supreme Court justices were subject to threats and
harassment as a result of the leak,\12\ and one was subject to an
assassination plot. A would-be assassin traveled to the house of
Justice Brett Kavanaugh, armed with a gun and burglary tools, with the
intention of breaking into the Justice's house and killing him.\13\ The
would-be assassin was specifically motivated by the release of the
leaked draft decision.\14\
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\10\ Kantor, Jodi, ``How the Supreme Court Secretly Made Itself
Even More Secretive,'' The New York Times, (Feb. 2, 2026), <a href="https://www.nytimes.com/2026/02/02/us/supreme-court-nondisclosure-agreements.html">https://www.nytimes.com/2026/02/02/us/supreme-court-nondisclosure-agreements.html</a>.
\11\ Gerstein, Josh and Alexander Ward, ``Supreme Court has
Voted to Overturn Abortion Rights, Draft Opinion Shows,'' Politico
(May 3, 2022), <a href="https://www.politico.com/news/2022/05/02/supreme-court-abortion-draft-opinion-00029473">https://www.politico.com/news/2022/05/02/supreme-court-abortion-draft-opinion-00029473</a>. OPM notes that while the
identity of the individual who leaked the information is unknown,
the only individuals who had access to the draft were justices and
their clerks, and it is most unlikely that a justice leaked the
document.
\12\ Letter from State Attorneys General to Merrick Garland,
Recent Efforts To Intimidate Supreme Court Justices (May 11, 2022),
available at <a href="https://content.govdelivery.com/attachments/OKAG/2022/05/12/file_attachments/2157362/Letter%20re%20SCT%20Protests.pdf">https://content.govdelivery.com/attachments/OKAG/2022/05/12/file_attachments/2157362/Letter%20re%20SCT%20Protests.pdf</a>;
Carolyn Vakil, GOP governors, state AGs urge Garland to enforce
federal law to protect Supreme Court justices (May 12, 2022),
available at <a href="https://thehill.com/regulation/court-battles/3486441-gop-governors-state-ags-urge-garland-to-enforce-federal-law-to-protect-supreme-court-justices/">https://thehill.com/regulation/court-battles/3486441-gop-governors-state-ags-urge-garland-to-enforce-federal-law-to-protect-supreme-court-justices/</a>
\13\ McFarlane, Scott and Melissa Quinn, ``Man who tried to
assassinate Kavanaugh in 2022 wanted to kill 3 justices, prosecutors
say,'' CBS News (Sept. 19, 2025), <a href="https://www.cbsnews.com/news/nicholas-roske-brett-kavanaugh-sentencing/">https://www.cbsnews.com/news/nicholas-roske-brett-kavanaugh-sentencing/</a>.
\14\ U.S. Department of Justice, Nicholas Roske Sentenced to
Over Eight Years in Prison for Attempted Murder of Supreme Court
Justice in Maryland (press release) (Oct. 3, 2025), <a href="https://www.justice.gov/opa/pr/nicholas-roske-sentenced-over-eight-years-prison-attempted-murder-supreme-court-justice">https://www.justice.gov/opa/pr/nicholas-roske-sentenced-over-eight-years-prison-attempted-murder-supreme-court-justice</a>.
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On February 11, 2025, the President issued Executive Order 14210,
Implementing the President's ``Department of Government Efficiency''
Workforce Optimization Initiative. Among other actions, the Executive
Order directed OPM to revise its suitability regulations to address
integrity-related conduct, including refusal to certify compliance with
nondisclosure obligations. Consistent with that directive, OPM
published a proposed rule titled Suitability and Fitness on June 3,
2025 (90 FR 23467). The proposed rule would amend 5 CFR part 731 to
emphasize the impact of noncompliance with nondisclosure obligations in
suitability and fitness determinations.
In parallel with this regulatory effort, OPM has developed a
proposed NDA for use by Federal agencies that elect to document
employees' acknowledgment of, and agreement to comply with, existing
non-disclosure obligations. The proposed NDA does not create new
substantive restrictions on employee speech or disclosure rights.
Rather, it is designed to provide agencies with a standardized
mechanism for employees to acknowledge and agree to comply with
obligations that already exist under law and regulation, while
expressly preserving rights to make disclosures authorized by law,
including protected whistleblower disclosures. The NDA also does not
replace or nullify any other nondisclosure agreements an individual may
be required to sign in connection with his or her position.
OPM believes that a standard NDA form will promote consistency
across Government, better protect confidential information, and better
inform Federal employees of their rights and obligations regarding
confidential information. OPM expects that the proposed NDA will be an
Optional Form, meaning that Federal agencies would have discretion
whether to use the NDA.
Should agencies elect to use the NDA, it would be administered to
newly hired employees as part of the onboarding process and to current
Federal employees. In addition, for new hires, a requirement to sign
the NDA would be advertised as part of a job opening announcement for
the vacancy. OPM expects that a new agreement would be executed if
there is an agency change or the employee has a break in service;
however, OPM would not expect an employee to sign a new agreement for
every position change within an agency. The form would serve as a
certification that the employee understands and agrees to comply with
applicable nondisclosure requirements associated with Federal service.
This form would also become part of an employee's Electronic
Official Personnel Folder (eOPF) which contains records and documents
related to Federal civilian employment and follows an employee
throughout service with any federal agency. It is maintained in the
eOPF as required by updates to OPM's Operating Manual, ``The Guide to
Personnel Recordkeeping.'' \15\ OPM's Govt-1 system of records notice
currently lists, among other things, the ``contents of the OPF as
specified in OPM's Operating Manual, ``The Guide to Personnel
Recordkeeping'' (GPR) as a category of record that is covered in the
system. Thus Govt-1 is intended to cover everything in the OPF that is
required by the GPR, and OPM does not plan to modify it to accommodate
the NDA.
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\15\ OPM's ``Guide to Personnel Recordkeeping'' is available at
<a href="https://www.opm.gov/policy-data-oversight/data-analysis-documentation/personnel-documentation/#url=Personnel-Recordkeeping">https://www.opm.gov/policy-data-oversight/data-analysis-documentation/personnel-documentation/#url=Personnel-Recordkeeping</a>.
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OPM is publishing the proposed form to provide public notice and
allow for public comment to promote transparency, encourage consistency
across agencies, and provide interested parties an opportunity to
comment on the form's content, clarity, and potential implementation
considerations.
The NDA is not subject to the Paperwork Reduction Act, as amended
(44 U.S.C. chapter 35). See 5 CFR 1320.3(c)(4), which excludes from the
definition of a regulated ``collection of information'' a collection
from current employees of the Federal government when acting within the
scope of their employment.
Request for Comment
OPM welcomes public comments on all aspects of the draft NDA,
including whether the Privacy Act statement's description of the
authority, principal purposes, routine uses, and effects provide
sufficient notice to employees. The draft NDA is available in the
docket for this notice on <a href="http://regulations.gov">regulations.gov</a>. See <a href="https://www.regulations.gov/document/OPM-2026-0100-0003">https://www.regulations.gov/document/OPM-2026-0100-0003</a>. OPM specifically
requests comment on the following issues.
1. What scope of information should be covered by the NDA? Should
it cover only unclassified information? How do you understand the terms
confidential and confidentiality in the context of this NDA? What
customization of the NDA, if any, may be necessary for agencies to
ensure it covers the appropriate information?
2. Does the NDA clearly communicate the types of information that
would be subject to non-disclosure requirements? If not, how could OPM
better describe what information can or cannot be disclosed to ensure
employees have appropriate notice of their responsibilities?
3. Are there other statutes to which OPM should cite in Appendix A
of the NDA when describing the nondisclosure requirements applicable to
individuals working for or on behalf of the Federal government?
4. Do you have suggestions regarding the layout or formatting of
the NDA?
5. Does the Privacy Act statement in the NDA provide sufficient
notice to employees of the authorities, principal
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purposes, routine uses, and effects of the form?
6. Does the OPM/GOVT-1 system of records notice provide sufficient
notice that the government-wide system of records would maintain
records related to the signing of, or failure to sign, the NDA?
7. What are the appropriate actions, if any, for agencies to
consider taking if existing employees choose not to sign the NDA?
8. What are the appropriate actions, if any, for agencies to
consider taking if new employees choose not to sign the NDA?
9. Does the NDA clearly communicate the potential consequences of
refusal to sign the form for both existing and new employees, along
with whether signing the form is voluntary or mandatory?
10. What else should OPM consider with regard to the NDA??
OPM will consider comments received before finalizing the NDA. OPM
plans to submit the form to the General Services Administration (GSA)
for designation as a GSA Form.
Signing Statement
The Director of OPM, Scott Kupor, reviewed and approved this
document and has authorized the undersigned to electronically sign and
submit this document to the Office of the Federal Register for
publication.
Office of Personnel Management.
Jerson Matias,
Federal Register Liaison.
[FR Doc. 2026-10471 Filed 5-26-26; 8:45 am]
BILLING CODE 6325-38-P
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