Trump administration proposes NDAs for federal workers to crack down on leaks to journalists

The Trump administration is proposing that federal agencies be given the option to require employees to sign non-disclosure agreements (NDAs). This initiative aims to prevent the sharing of information deemed confidential with journalists. The Office of Personnel Management (OPM) has released a draft NDA for federal agencies to use with both new and existing employees. Under this proposed agreement, individuals who violate its terms could face civil and criminal penalties.

This proposal represents the latest effort by the administration to exert greater control over US government workers and to target news outlets and media figures it considers overly critical. President Trump and his administration have initiated at least five lawsuits against major media companies, seeking substantial damages for alleged false or misleading reports. Courts have frequently ruled in favor of news organizations in such cases.

According to OPM Director Scott Kupor, federal employees handling sensitive information should adhere to a standard similar to that in the private sector, where employees routinely sign confidentiality agreements. The draft agreement specifies that former government employees would need written permission from an authorized agency official to speak with journalists about information the administration considers confidential after their departure. Violators could face both civil and criminal penalties.

The draft also states that the US government would be entitled to any royalties received by employees for disclosing information that breaches the agreement. The OPM has not yet provided further explanation on this provision. The Reporters Committee for Freedom of the Press has not yet responded to a request for comment.

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In much of the private sector, employees handling sensitive business or customer information are routinely required to sign confidentiality agreements, and the federal government should not be held to a lower standard.