The rule would apply to new and existing government employees, according to the draft, which says that the goal of the proposed NDAs is “to safeguard non-public, confidential, or proprietary information.”
Notably, agencies would be able to choose whether to opt into the NDAs for their employees.
Existing laws, including the Whistleblower Protection Enhancement Act from 2012, bar NDAs from limiting whistleblowers’ ability to report cases of government fraud, waste, or abuse.
In the draft notice, the agency cited several recent leaks that have occurred during the second Trump Administration. In one instance last year, it said, unauthorized disclosures of immigration enforcement plans by employees of the Federal Bureau of Investigation (FBI) and Department of Homeland Security (DHS) “impeded enforcement of Federal law and put the lives of Federal agents in danger.”
President Donald Trump’s Administrations have attempted to quell the flow of sensitive or confidential information out of its agencies using NDAs before.
Trump’s Administrations have also brought lawsuits against multiple people they have claimed disclosed information that was classified or covered by an NDA. During Trump’s first term, the Department of Justice (DOJ) sued former national security adviser John Bolton in 2020 over his book "The Room Where it Happened," alleging it contained “classified national security information.” Later that year, the DOJ sued First Lady Melania Trump’s former adviser Stephanie Winston Wolkoff over her tell-all book “Melania and Me: The Rise and Fall of My Friendship with the First Lady,” claiming she breached an NDA signed in 2017. The department dropped both lawsuits after President Joe Biden took office, as well as a criminal inquiry it had opened into the publication of Bolton’s book.
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