The Trump administration is moving to require federal employees to sign nondisclosure agreements aimed at blocking unauthorized disclosures to the press, according to a draft form released Tuesday by the Office of Personnel Management.
The OPM, which functions as the federal government's human resources office, distributed the template for agencies to deploy with both new hires and current staff. Workers who breach the agreement could face civil and criminal penalties. The administration would also be entitled to collect any "royalties" employees receive from violating the terms, the draft states.
An OPM spokesperson attributed the move to concerns that "unauthorized disclosures of sensitive government information are disrupting agency operations and eroding trust across government."
The agreement extends beyond current employment. Former federal workers would need explicit written clearance from an authorized agency official before discussing any information deemed "confidential" with journalists. Violations by ex-employees would similarly trigger civil and criminal consequences.
The draft preserves one significant carve-out: protected disclosures to Congress and federal inspectors general regarding fraud, waste, and misconduct remain lawful under existing federal statute and would not be covered by the NDA. The agreement explicitly acknowledges this protection.
The push represents one of several aggressive steps the administration has taken to control information flow since Trump's return to office. The Pentagon explored using NDAs and polygraph tests to combat leaks last year. Military officials also rolled out a media policy in September requiring journalists to sign pledges restricting their reporting to officially released material.
Trump has waged a public campaign against news organizations and reporters, branding coverage he dislikes as "fake news," filing lawsuits against outlets, and personally attacking journalists. His team banned the Associated Press from White House press briefings and tightened media access at the Pentagon.
Steve Lenkart, executive director of the National Federation of Federal Employees, characterized the NDA proposal as part of a broader campaign to silence workers. "It is part of the same broader effort to weaken federal employee unions, which often serve as the eyes and ears of accountability within government agencies," he said.
Lenkart emphasized that such agreements face legal constraints. "NDAs do not supersede federal law or the constitution," he stated. "Federal employees retain protected rights to communicate with Congress, inspectors general, and, in many circumstances, the press regarding government misconduct and matters related to their employment. Agreements intended to suppress lawful disclosures or shield wrongdoing serve no legitimate governmental purpose and are legally suspect."
Author James Rodriguez: "This is a direct assault on government transparency that will likely face court challenges, but it signals how far this administration is willing to go to control the narrative."
Comments