HouseH.R. 10198119th Congress
Federal Worker Protection Act
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10198 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 10198
To limit the use of nondisclosure agreements that restrict
whistleblowing by Federal employees and contractors, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 31, 2026
Mr. Vindman (for himself and Mr. Subramanyam) introduced the following
bill; which was referred to the Committee on Oversight and Government
Reform
_______________________________________________________________________
A BILL
To limit the use of nondisclosure agreements that restrict
whistleblowing by Federal employees and contractors, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Worker Protection Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Federal employees serve as the public's last line of
defense against waste, fraud, abuse, and violations of law
within the executive branch. The ability of Federal employees
to make protected disclosures to Congress, Inspectors General,
the Office of Special Counsel, and other oversight bodies is
essential to the functioning of democratic accountability.
(2) The Whistleblower Protection Act of 1989 (section 2302
of title 5, United States Code), the Inspector General Act of
1978 (chapter 4 of such title), and related statutes reflect
firm judgment of Congress that no employee of the Federal
Government shall suffer retaliation for lawfully disclosing
information about wrongdoing.
(3) Non-disclosure agreements imposed by executive agencies
on Federal employees, even when nominally compliant with
existing whistleblower statutes, can have a substantial
chilling effect on protected disclosures through ambiguity of
scope, fear of enforcement proceedings, and administrative
pressure.
(4) The Office of Personnel Management's proposed template
non-disclosure agreements, published for public comment in
2026, would, if finalized, become part of the standard
onboarding process for a broad category of Federal employees
and contractors, magnifying the potential for widespread
chilling of protected speech.
(5) Congress has the authority and the obligation to ensure
that no executive instrument operates to narrow, diminish, or
chill the statutory rights Congress has conferred upon Federal
employees.
SEC. 3. NDA TRANSPARENCY AND PLAIN-LANGUAGE DISCLOSURE REQUIREMENTS.
(a) Plain-Language Rider Required.--An agency may not require an
employee to sign a covered NDA unless the covered NDA bears, in
conspicuous and legible type on the covered NDA or as a clearly labeled
and prominently displayed attachment to the covered NDA--
(1) a notice stating ``YOUR PROTECTED DISCLOSURE RIGHTS''
in boldface type no smaller than the body text of the NDA; and
(2) a statement immediately following such notice that--
(A) the employee retains the right to disclose
information to--
(i) the Office of Special Counsel;
(ii) the Inspector General of the
employee's agency or any other Inspector
General;
(iii) the Government Accountability Office;
(iv) any committee or subcommittee of
Congress, or any Member of Congress or member
of congressional staff with appropriate
security clearance, regardless of committee
assignment;
(v) the Merit Systems Protection Board;
(vi) a Federal court of competent
jurisdiction; and
(vii) any other channel designated by law
as a permissible recipient of a protected
disclosure; and
(B) that the covered NDA may not be invoked or
enforced by the agency to penalize, discipline, or
threaten the employee for any disclosure that
constitutes a protected disclosure under applicable
law.
(b) Format Requirements.--The statement required under subsection
(a) shall--
(1) appear before any signature block in the covered NDA;
(2) not be reduced in font size or otherwise formatted in a
manner designed to minimize its prominence; and
(3) be provided to the employee in both the language of the
NDA and, upon request, in any language in which the agency
routinely communicates with the employee.
(c) Civil Liability.--An agency that imposes a covered NDA that
does not comply with the requirements of this section shall be liable
to any affected employee for--
(1) a civil penalty of not less than $5,000 per violation;
and
(2) reasonable attorney's fees and costs incurred in any
proceeding to enforce this section.
SEC. 4. PRE-CLEARANCE BY THE OFFICE OF SPECIAL COUNSEL.
(a) Pre-Clearance Required.--Before any agency may use or
distribute a covered NDA template, including any template prepared or
distributed by the Office of Personnel Management, the head of the
agency shall submit the template to the Office of Special Counsel for
review and certification.
(b) Review Standard.--The Office of Special Counsel shall review
each submitted template and shall--
(1) certify the template if the Office determines that no
provision of the template, as applied to the broadest plausible
population of covered employees, would restrict, discourage, or
reasonably be interpreted to restrict or discourage a protected
disclosure; or
(2) return to the agency the template with written
objections specifying each provision that fails to meet the
standard in paragraph (1).
(c) Review Period.--The Office of Special Counsel shall complete
its review within 60 days of receiving a submission. If the Office
fails to act within 60 days, the template shall be deemed provisionally
approved, but the Office may revoke provisional approval at any time
upon finding a subsequent deficiency.
(d) Prohibition on Use Without Clearance.--No agency may impose a
covered NDA using a template that has not received certification or
provisional approval under this section. Any covered NDA imposed in
violation of this subsection shall be void and unenforceable.
(e) Public Registry.--The Office of Special Counsel shall maintain
a publicly accessible online registry of all templates submitted for
review under this section, together with the Office's certification
determination or written objections, and shall update the registry
within 10 business days of each determination.
(f) Annual Review.--The Office of Special Counsel shall review
previously certified templates not less than once every two years and
may revoke certification upon a finding that the template no longer
meets the standard in subsection (b)(1).
SEC. 5. PRIVATE RIGHT OF ACTION AGAINST THREATENED OR ACTUAL
RETALIATORY NDA ENFORCEMENT.
(a) Right of Action.--An employee who is subject to, or is
threatened with, retaliatory NDA enforcement may bring a civil action
in a United States district court against the agency and against the
agency official who directed or carried out the threatened or actual
enforcement action.
(b) Relief Available.--In an action under this section, the court
may award appropriate relief, including--
(1) preliminary or permanent injunctive relief staying any
enforcement action or adverse personnel action predicated on
the covered NDA;
(2) a declaration that the challenged NDA provision is void
as applied to the disclosed information;
(3) compensatory damages, including lost wages, benefits,
and other economic harm;
(4) punitive damages against an individual defendant who
acted with malice or reckless disregard for the employee's
protected disclosure rights; and
(5) reasonable attorney's fees and costs.
(c) Accrual; Ripeness.--A cause of action under this section
accrues upon the earlier of--
(1) any written or oral communication by an agency official
to the employee that the employee is under investigation for,
or may be subject to discipline arising from, an alleged NDA
violation where the underlying conduct would constitute a
protected disclosure; or
(2) any adverse personnel action predicated in whole or in
part on an alleged violation of a covered NDA.
(d) Burden of Proof.--In an action under this section--
(1) the employee bears the initial burden of making a prima
facie showing that the threatened or actual enforcement action
was predicated, at least in part, on a disclosure that the
employee reasonably believed to constitute a protected
disclosure; and
(2) once a prima facie showing is made, the burden shifts
to the agency to demonstrate by clear and convincing evidence
that the enforcement action would have been taken for reasons
entirely independent of the protected disclosure.
(e) Exhaustion Not Required.--An employee need not exhaust
administrative remedies before bringing an action under this section.
(f) Statute of Limitations.--An action under this section must be
filed within 3 years of the date of accrual under subsection (c).
(g) No Preemption of Other Remedies.--The remedy provided by this
section is in addition to, and does not preempt, any remedy available
under title 5, United States Code, or any other provision of law.
SEC. 6. STATUTORY SUPREMACY OF WHISTLEBLOWER PROTECTION LAWS.
(a) Rule of Supremacy.--No covered NDA, NDA template, Executive
order, agency policy, memorandum, or other executive-branch instrument
shall be construed to--
(1) limit, restrict, condition, discourage, or penalize any
protected disclosure;
(2) waive, modify, or reduce any right or protection
conferred by section 2302 of title 5, United States Code,
chapter 4 of such title, section 7211 of such title, or any
other Federal statute conferring whistleblower rights upon
Federal employees; or
(3) serve as the legal basis for any adverse personnel
action against an employee arising from a protected disclosure.
(b) Conflict; Void Provisions.--In the event of any conflict
between a provision of a covered NDA and any provision of the statutes
listed in subsection (a)(2), the statutory provision shall control as a
matter of law. Any NDA provision that purports to restrict a protected
disclosure is void ab initio and shall have no legal effect, regardless
of whether the employee signed the NDA or any associated
acknowledgment.
(c) Affirmative Defense.--In any administrative or judicial
proceeding in which an agency invokes a covered NDA to justify an
adverse personnel action, an employee may raise as a complete
affirmative defense the fact that the underlying disclosure constituted
a protected disclosure. The agency shall bear the burden of disproving
this defense by clear and convincing evidence.
(d) Codification.--The Office of Personnel Management shall
incorporate the rule of supremacy established in this section as a
mandatory provision in every NDA template it issues, revises, or
distributes to agencies.
SEC. 7. INSPECTOR GENERAL OVERSIGHT AND REPORTING.
(a) Independent IG Review.--Before an agency may impose any covered
NDA on its employees, the Inspector General of that agency shall--
(1) independently review the proposed covered NDA or NDA
template;
(2) provide to the head of the agency a written
certification stating whether, in the Inspector General's
judgment, the covered NDA complies with all applicable
whistleblower protection statutes and this Act; and
(3) transmit the certification simultaneously to the Office
of Special Counsel, the appropriate congressional oversight
committees, and the Government Accountability Office.
(b) Negative Certification.--If the Inspector General determines
that the covered NDA does not comply with applicable law, the Inspector
General shall--
(1) describe in writing each deficiency identified;
(2) publish the written description on the agency's public
website within 5 business days; and
(3) notify Congress as provided in subsection (a)(3).
(c) Limitation.--An agency that receives a negative certification
may not impose the covered NDA until the identified deficiencies have
been remedied and a new certification issued.
(d) Annual Report to Congress.--Not later than 90 days after the
date of the enactment of this Act, and February 1 of each year
thereafter, each Inspector General shall submit to the appropriate
congressional committees an annual report on NDA practices at the
Inspector General's agency during the preceding fiscal year. Each
annual report shall include--
(1) the total number of covered NDAs executed during the
preceding fiscal year, disaggregated by bureau, office, and
position type;
(2) the total number of enforcement proceedings initiated,
threatened, or concluded during the preceding fiscal year in
which a covered NDA was cited;
(3) any instance in which a covered NDA was cited in
connection with a personnel action and the underlying conduct
of the employee involved a disclosure that the Inspector
General believes may have constituted a protected disclosure;
(4) any corrective action taken or recommended; and
(5) any changes to agency NDA templates made during the
preceding fiscal year.
(e) GAO Review.--Not later than 18 months after the date of
enactment of this Act and every 3 years thereafter, the Comptroller
General of the United States shall conduct an audit of agency NDA
practices governmentwide and shall submit a report to Congress
evaluating agency compliance with this Act.
SEC. 8. INSPECTOR GENERAL REMOVAL PROTECTIONS.
(a) Prohibition on Removal Following Negative Certification.--The
President may not remove, place on administrative leave, or otherwise
diminish the duties or authority of an Inspector General within 2 years
following the Inspector General's issuance of a negative certification
under section 7(b), unless--
(1) the President provides, not fewer than 30 days before
the effective date of the removal, written notice to both
chambers of Congress specifying the reasons for removal; and
(2) the reasons stated in such notice do not include,
directly or indirectly, the Inspector General's issuance of a
negative certification or the Inspector General's oversight
activities under this Act.
(b) Senate Confirmation of Successor.--Following the removal of an
Inspector General under circumstances described in subsection (a), no
person may serve in an acting capacity in the Inspector General
position for more than 30 days unless the President has submitted a
nomination for a permanent Inspector General to the Senate. The Senate
shall endeavor to consider such a nomination within 90 days of receipt.
(c) Remedies for Improper Removal.--An Inspector General who is
removed in violation of this section may seek reinstatement and
compensatory damages in the United States District Court for the
District of Columbia. Such action must be filed within 1 year of the
effective date of removal.
SEC. 9. SEVERABILITY.
If any provision of this Act, or the application of any provision
to any person or circumstance, is held to be unconstitutional or
otherwise invalid, the remainder of this Act and the application of its
provisions to other persons or circumstances shall not be affected.
SEC. 10. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this Act
shall take effect on the date of the enactment of this Act.
(b) Transition Period for Existing NDAs.--With respect to covered
NDAs executed before the date of enactment of this Act, agencies shall
have 180 days from such date of enactment to--
(1) bring existing NDA templates into compliance with
sections 3 and 4; and
(2) provide written notice to all employees subject to
existing covered NDAs of their rights under this Act.
(c) Application.--During the transition period described in
subsection (b), any covered NDA executed before the date of enactment
of this Act shall be construed as if it contained the plain-language
rider required by section 3 and shall be subject to the statutory
supremacy rule in section 6.
SEC. 11. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given such
term in section 2302(a)(2)(C) of title 5, United States Code.
(2) Covered nda.--The term ``covered NDA'' means any non-
disclosure agreement, confidentiality agreement, or
substantially similar instrument that--
(A) is imposed or required by an agency as a
condition of employment, continued employment,
onboarding, or access to agency systems or information;
and
(B) applies to any employee whose duties involve
access to sensitive, protected, or otherwise non-public
Government information.
(3) Employee.--The term ``employee'' means--
(A) an ``employee'' as such term is defined in
section 2105 of title 5, United States Code; and
(B) a contractor or contractor personnel.
(4) Inspector general.--The term ``Inspector General''
means an Inspector General appointed under chapter 4 of title
5, United States Code.
(5) Office of special counsel.--The term ``Office of
Special Counsel'' means the Office of Special Counsel
established under section 1211 of title 5, United States Code.
(6) Protected disclosure.--The term ``protected
disclosure'' has the meaning given the term ``disclosure'' in
section 2302(a)(2)(D) of title 5, United States Code, and
includes any disclosure to Congress or a Member of Congress.
(7) Retaliatory nda enforcement.--The term ``retaliatory
NDA enforcement'' means any actual or threatened invocation of
a covered NDA by an agency, or any adverse personnel action
predicated in whole or in part on an alleged violation of a
covered NDA, where the underlying disclosure constituted or
would constitute a protected disclosure.
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