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HR 10198

Federal Worker Protection Act

119th Congress Introduced by Suhas Subramanyam

The bill prohibits NDAs that chill whistleblowing by federal workers, mandates plain-language disclosure rights, pre-approval, and a private right of action for retaliation.

Introduced in House
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Bill Summary · HR 10198

Summary of HR 10198 — Federal Worker Protection Act (119th Congress)

Purpose and intent

  • The bill aims to limit the use of nondisclosure agreements (NDAs) that restrict whistleblowing by federal employees and contractors.
  • It seeks to strengthen protections for protected disclosures (whistleblowing) and ensure transparency, oversight, and accountability in the use of NDAs across federal agencies.

Key provisions and changes

  1. Plain-language rider and disclosure rights (Sec. 3)

    • Agencies may not require signing a covered NDA unless the NDA includes:
      • A conspicuous notice stating “YOUR PROTECTED DISCLOSURE RIGHTS”.
      • A statement clarifying that employees may disclose information to specified recipients (e.g., Office of Special Counsel, Inspectors General, Congress, MSPB, federal courts, and other legally designated channels) without risk of penalties.
    • The disclosure rights statement must appear before the signature block, be in clear font, and be provided in the NDA language and any other languages used by the agency.

  2. Format and accessibility requirements (Sec. 3)

    • The rights statement must be prominent (not reduced in size or obscured) and available in multiple languages as needed.

  3. Civil liability for noncompliant NDAs (Sec. 3)

    • Agencies that impose a noncompliant covered NDA could face:
      • Civil penalties of at least $5,000 per violation.
      • Reimbursement of reasonable attorney’s fees and costs.

  4. Pre-clearance and review of NDA templates (Sec. 4)

    • Before any agency uses or distributes a covered NDA template, agency heads must submit the template to the Office of Special Counsel (OSC) for review and certification.
    • OSC review standards:
      • Certification if the template would not restrict or chill protected disclosures.
      • Written objections if it fails the standard.
    • Review timeline: OSC must complete within 60 days; if no action, provisional approval but can be revoked.
    • Uncertified templates may not be used; any violation renders the NDA void.
    • Public registry: OSC maintains a registry of templates and determinations, updated within 10 business days.
    • Biannual/annual oversight: OSC conducts ongoing reviews and can revoke certification if standards lapse.

  5. Private right of action (Sec. 5)

    • Employees may sue in federal district court against the agency or responsible officials for retaliatory NDA enforcement.
    • Remedies include:
      • Injunctive relief to stay enforcement or adverse actions.
      • Declarations that NDA provisions are void as applied to protected disclosures.
      • Compensatory damages (lost wages/benefits), punitive damages in cases of malice, and attorney’s fees.
    • Accrual occurs upon a disclosure or adverse action related to the NDA.
    • Burden of proof shifts from employee to agency once prima facie evidence is shown.
    • Exhaustion of administrative remedies not required; three-year statute of limitations.

  6. Statutory supremacy of whistleblower protections (Sec. 6)

    • No NDA, executive instrument, or policy may limit or waive whistleblower rights under:
      • Whistleblower Protection Act (5 U.S.C. 2302),
      • Inspector General Act,
      • MSPB protections, or other federal whistleblower statutes.
    • In case of conflict, whistleblower statutes prevail.
    • NDA provisions that purport to restrict protected disclosures are void ab initio.
    • Agencies may raise an affirmative defense that a disclosure was protected.

  7. Inspector General (IG) oversight and reporting (Sec. 7)

    • IGs must independently review proposed NDAs or templates before adoption.
    • They provide a formal certification or written objections to agency heads, OSC, congressional committees, and GAO.
    • Negative certification blocks use of the NDA until deficiencies are remedied.
    • Annual IG reports to Congress on NDA practices, including usage, enforcement actions, and any changes to templates.
    • GAO audit every 18 months to 3 years on NDA practices nationwide.

  8. IG removal protections (Sec. 8)

    • Restrictions on removal or diminished duties of an IG within 2 years after a negative certification, with specified notice and Senate confirmation procedures for successors.
    • Remedies for improper removal (reinstatement and damages) available in court.

  9. Effective date and transition (Sec. 10)

    • Effective upon enactment, with a transition period of 180 days for pre-existing NDAs to come into compliance and notify employees.
    • Transition NDAs are treated as containing the required plain-language rider and remain subject to supremacy provisions.

  10. Definitions (Sec. 11)

    • Clarifies terms: agency, covered NDA, employee, IG, Office of Special Counsel, protected disclosure, retaliatory NDA enforcement, etc.

Affected parties

  • Federal employees and contractors who sign NDAs as a condition of employment or access to systems/information.
  • Agencies that issue, review, or enforce NDAs.
  • Offices of Inspector General and the Office of Special Counsel (overseeing review and enforcement).
  • Congress, courts, and MSPB as recipients of protected disclosures.
  • The public sector through enhanced whistleblower protections and accountability mechanisms.

Procedural and timeline aspects

  • Pre-clearance requirement for NDA templates: OSC review within 60 days; provisional approval if no action within 60 days.
  • Public registry for templates and determinations maintained by OSC.
  • Annual IG reporting and triennial GAO audits on NDA practices.
  • Transition window: 180 days after enactment to align existing NDAs with new requirements.
  • Three-year statute of limitations for NDA-related civil actions; no administrative exhaustion requirement.

Overall impact

  • Strengthens guaranteed rights for protected disclosures at all stages of NDA use in the federal workforce.
  • Introduces mandatory transparency, oversight, and speedy corrective actions for noncompliant NDAs.
  • Establishes a private right of action to deter retaliatory NDA enforcement and provide remedies to whistleblowers.
  • Elevates the role of IGs and OSC in shaping NDA policy and ensuring compliance with whistleblower protections.

Compiled from official sources — confirm details with the bill’s official record.

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