Federal Worker Protection Act
Sponsored By: Representative Vindman, Eugene Simon [D-VA-7]
Introduced
Summary
Protecting whistleblowers from agency NDAs. This bill would require plain-language rights riders, Office of Special Counsel pre-clearance, and stronger Inspector General and GAO oversight so NDAs cannot be used to punish protected disclosures.
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- Federal employees and contractors: Covered employees explicitly include contractors and contractor personnel. The bill treats NDA provisions that limit covered protected disclosures as void and lets employees sue for injunctive relief and damages.
- Agencies and the Office of Special Counsel: Requires OSC pre-clearance and certification of NDA templates before use, with a 60-day review period and a public registry of templates and determinations. Failing to include the required plain-language rider carries civil penalties starting at $5,000 per violation.
- Inspectors General and auditors: IGs must independently review and certify NDAs, publish identified deficiencies, and report annually to Congress. The Government Accountability Office would audit NDA practices every 18 months initially and every three years thereafter.
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Bill Overview
Analyzed Economic Effects
6 provisions identified: 6 benefits, 0 costs, 0 mixed.
At least $5,000 penalty per NDA
If enacted, an agency that uses a covered NDA without the required plain-language rider would be liable for at least $5,000 per violation. Courts could also order the agency to pay reasonable attorney's fees and costs. This monetary penalty would take effect on enactment.
Whistleblower rights override NDAs
If enacted, covered NDAs and similar agency rules would not be allowed to limit federal whistleblower rights under Title 5. Any NDA clause that conflicts with those laws would be void from the start. OPM would be required to put this supremacy rule into every NDA template it issues or shares.
Federal review and public NDA registry
If enacted, agencies would have to send any covered NDA template to the Office of Special Counsel for review and certification before use. OSC must decide within 60 days or give provisional approval, and it must post templates and determinations online. Agencies could not impose uncertified templates, and OSC would recheck certified templates at least every two years.
Inspector General NDA review and protection
If enacted, each agency Inspector General would independently review and certify covered NDA templates before the agency can use them. A negative certification must be published within 5 business days and bars the agency from using the NDA until fixes are made. IGs would file annual NDA reports and get added removal protections for two years after a negative certification.
Plain-language NDA rights notice
If enacted, every covered NDA would include a clear notice titled "YOUR PROTECTED DISCLOSURE RIGHTS" listing who you can tell. The notice must appear before any signature, be prominent, and be in the NDA language. Agencies would have 180 days to update older NDAs and notify affected employees.
You can sue over retaliatory NDAs
If enacted, an employee threatened with retaliatory NDA enforcement could sue the agency and officials in federal court. Courts could stop enforcement, void NDA provisions as applied, and award lost wages, other compensatory damages, and possible punitive damages. You would not have to exhaust agency procedures first, and actions must be filed within three years.
Sponsors & CoSponsors
Sponsor
Vindman, Eugene Simon [D-VA-7]
VA • D
Cosponsors
Rep. Subramanyam, Suhas [D-VA-10]
VA • D
Sponsored 8/31/2026
Roll Call Votes
No roll call votes available for this bill.
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