Donald Trump’s administration on Tuesday proposed asking federal employees to sign nondisclosure agreements with the goal of preventing them from sharing confidential information with journalists.
The office of personnel management (OPM), the human resources office for the US government, released a draft nondisclosure agreement 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. 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 draft form is the latest step in the president’s effort to exert more control over US government workers and the flow of information to the public.
“This move is rooted in concerns that unauthorized disclosures of sensitive government information are disrupting agency operations and eroding trust across government,” an OPM spokesperson, McLaurine Pinover, said in an email to Reuters.
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 be subject to civil and criminal penalties.
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. Since taking office for the second time, Trump has waged an aggressive campaign against news outlets and media figures he sees as too critical of him. He has filed lawsuits against news outlets, dismissed 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.
Steve Lenkart, executive director of the National Federation of Federal Employees (NFFE), said the Trump administration has long used nondisclosures and other similar agreements to pressure federal workers into silence.
Last year, the Pentagon reportedly planned to use NDAs and polygraph tests to stop leaks to the press and internal dissent. It also enacted a new media policy in September that required reporters to sign a pledge to only report information that has been officially released.
“It is part of the same broader effort to weaken federal employee unions, which often serve as the eyes and ears of accountability within government agencies,” Lenkart said.
Despite the push to force federal workers to sign NDAs, federal workers still have protected rights.
“NDAs do not supersede federal law or the constitution. Federal employees retain protected rights to communicate with Congress, inspectors general and, in many circumstances, the press regarding government misconduct and matters related to their employment,” said Lenkart. “Agreements intended to suppress lawful disclosures or shield wrongdoing serve no legitimate governmental purpose and are legally suspect.”
Everett Kelley, national president of the American Federation of Government Employees, said in statement that federal agencies already have extensive policies and procedures that prevent the release of classified or privileged information.
“This proposed NDA is another attempt by the administration to purge the civil service of nonpartisan career employees and replace them with loyalists who won’t speak out against waste, fraud and abuse,” Kelley said. “Federal employees do not surrender their first amendment rights when they accept federal employment, and the public has a right to know about this administration’s abuses.”
Reuters contributed reporting
