The Trump administration has proposed a new measure that would allow federal agencies to require their employees to sign non-disclosure agreements (NDAs). Announced Tuesday (May 26) by the Office of Personnel Management (OPM), the proposal aims to “safeguard non-public, confidential, or proprietary information” and is part of an ongoing effort to curb leaks to news organizations.
Under the proposal, federal workers would sign NDAs to prevent them from leaking government information to the press. The OPM’s draft NDA form outlines potential disciplinary actions, including removal and criminal penalties, for violations. However, it assures that the NDAs will not infringe upon employees’ rights to make legally protected disclosures under the Whistleblower Protection Act.
According to Bloomberg Law, the proposal is the latest in the administration’s efforts to control the flow of information. The OPM plans to define “confidential government information” broadly, including internal agency operations and personnel matters. OPM Director Scott Kupor stated that the federal government should adhere to confidentiality standards similar to those in the private sector.
The proposal has raised concerns among civil society groups and federal employee unions. Everett Kelley, president of the American Federation of Government Employees, expressed doubt that the administration would treat the adoption of NDAs as optional for agencies. He warned that the broad definition of confidential information could cover material the public relies on to hold the government accountable.
Spectrum News reports that the administration has prioritized stopping leaks deemed harmful to its messaging. This proposal follows incidents where unauthorized disclosures led to significant media coverage. The administration has previously taken measures such as seizing electronic devices from journalists to curb leaks.
The proposal is part of a broader trend towards tighter restrictions on federal information release. Legal challenges may arise under federal “right to know” laws, but experts predict a judiciary sympathetic to President Trump’s efforts to classify more information as confidential.
The OPM is seeking public comment on the draft NDA, which would apply to both new hires and existing employees moving to new positions. The proposal is seen as a continuation of President Trump’s efforts to exert control over government workers and the information they share with the public.
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