The Trump administration has proposed a government-wide nondisclosure agreement (NDA) for federal employees aimed at restricting unauthorized disclosures of confidential government information to journalists, according to draft guidance issued by the Office of Personnel Management (OPM).
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The draft policy, posted to the Federal Register, would allow individual agencies to decide whether to require employees—both current and newly hired—to sign the agreement. It would also extend obligations beyond government service, requiring former employees to seek written approval before discussing material the administration classifies as confidential.
Under the proposal, unauthorized disclosures could trigger civil or criminal penalties, and the government could seek financial remedies, including the recovery of “royalties” earned from information released in violation of the agreement. The draft states that federal employees “do not have discretion to disclose Confidential Government Information,” and argues that such leaks disrupt agency operations and erode public trust.
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The measure is part of a broader effort by the White House to tighten control over the flow of internal information and limit contacts between federal workers and the media. The draft cites existing restrictions in government and argues that confidentiality standards should be consistent with practices in parts of the private sector. It also preserves whistleblower protections, according to the proposal, though it defines “confidential” information broadly to include internal operations, personnel matters, and pre-decisional material.
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OPM Director Scott Kupor said, “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.”
The proposal builds on previous efforts by the White House and affiliated agencies to curb leaks, including prior restrictions within the Pentagon and increased scrutiny of disclosures to news organizations. Critics and media advocates have raised concerns that similar measures could have a chilling effect on government transparency and press access, though agencies would retain discretion over whether to implement the agreement.
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