The Office of Personnel Management, the U.S. federal government’s human resources agency, released a draft Non‑Disclosure Agreement (NDA) intended for use by federal agencies with both new and existing employees. The proposal would empower the administration to impose civil and criminal penalties on individuals who breach the agreement. Whether an NDA is mandatory would remain at the discretion of each agency.
The draft marks the latest move in President Trump’s broader strategy to tighten control over government personnel and penalize media outlets he perceives as overly critical. Since the beginning of his second term, Trump and his administration have initiated at least five lawsuits against major media companies, seeking billions in damages for alleged false or misleading coverage—a line of action that courts have frequently rebuffed in favor of the news organizations.
“In the private sector, employees handling confidential business or customer information routinely sign confidentiality agreements, so the federal government should not be held to a lower standard,” said OPM Director Scott Kupor in a statement.
Under the draft, former government employees would need written permission from an authorized agency official before speaking to the press about information the administration deems confidential after leaving federal service. Violations could result in civil and criminal penalties.
The agreement also contemplates that the U.S. government would claim any “royalties” paid to employees who disclose information in violation of the NDA. The OPM has yet to provide further details.
The Reporters Committee for Freedom of the Press, a nonprofit that offers legal support to journalists, has not yet responded to a request for comment.
This would not be the first time an NDA was proposed for federal workers. Earlier, Defense Secretary Pete Hegseth had asked selected officials—particularly those involved in the president’s Latin American operations—to sign similar agreements, as reported by Reuters.
Federal law protects employees who expose fraud, abuse, or misconduct to internal watchdogs or Congress from retaliation. The NDA would explicitly exclude such protected disclosures from its scope.
President Trump has frequently dismissed critical media coverage as “fake news” and has personally attacked journalists. His administration has also banned the Associated Press from the White House press pool and limited reporters’ access to the Pentagon, among other restrictive measures.