The Office of Personnel Management, the human resources office for the US government, released a draft NDA designed for federal agencies to use with new and existing employees. Under the draft agreement, the administration could pursue civil and criminal penalties against employees who violate it. Agencies would decide whether to require an NDA.
The draft form is the latest step in the president’s effort to exert more control over US government workers and punish news outlets and media figures he sees as too critical of him. Trump and members of his administration have filed at least five lawsuits against major media companies since his second term began, seeking tens of billions of dollars in damages for what he alleges are false or misleading reports. Courts have often sided with news organizations.
“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,” said OPM Director Scott Kupor in a statement.
Former government employees would need “written permission from an authorized agency official” to speak to journalists about information the Trump administration deems “confidential” after leaving their jobs, according to the draft. Former employees who violate that rule could face civil and criminal penalties, according to the draft.
The US government would be entitled to all “royalties” that employees receive from disclosing information that violates the agreement, according to the draft. The OPM did not immediately offer further explanation.
The Reporters Committee for Freedom of the Press, a nonprofit that provides legal services to US journalists, did not immediately respond to a request for comment.
This would not be the first time the Trump administration has asked federal workers to sign NDAs. The US military under Defense Secretary Pete Hegseth has asked select officials to sign such agreements, including those involved with the president’s operations in Latin America, Reuters previously reported.
Federal law prohibits government retaliation against federal workers who disclose fraud, abuse, and misconduct in their workplaces to internal government watchdogs and Congress. The NDA would not apply to those disclosures, according to the draft agreement.
Trump has routinely dismissed critical coverage as “fake news” and personally attacked journalists. His administration banned the Associated Press from the White House press pool and restricted reporters’ access at the Pentagon, the headquarters of the US military, among other moves.
