[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1314 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 1314

   To establish that certain provisions of a nondisclosure agreement 
       between a public sector employer and an employee shall be 
                             unenforceable.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 2, 2019

Mr. Kennedy (for himself and Ms. Sinema) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
   To establish that certain provisions of a nondisclosure agreement 
       between a public sector employer and an employee shall be 
                             unenforceable.

    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 ``Stop Silencing Victims Act''.

SEC. 2. NONDISCLOSURE AGREEMENT UNENFORCEABLE UNDER THE CIVIL RIGHTS 
              ACT OF 1964.

    Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) 
is amended by adding after section 717 the following:

``SEC. 717A. NONDISCLOSURE AGREEMENT UNENFORCEABLE.

    ``(a) In General.--Any covered provision of a nondisclosure 
agreement that is entered into by an employee described in section 
717(a) and an entity to which such section applies shall be 
unenforceable against that complainant employee.
    ``(b) Covered Provision.--In this section, the term `covered 
provision' means a provision of a nondisclosure agreement--
            ``(1) that is entered into after the date of enactment of 
        the Stop Silencing Victims Act;
            ``(2) that prohibits the disclosure of information relating 
        to an allegation or series of allegations that could plausibly 
        give rise to a valid claim of sex discrimination; and
            ``(3) relating to material that is not otherwise prohibited 
        by law from being disclosed.
    ``(c) Defense.--In any action or proceeding to enforce a covered 
provision, an employee described in section 717(a) may raise as a 
defense the unenforceability of a covered provision of a nondisclosure 
agreement, as set forth in this section.
    ``(d) Confidentiality.--
            ``(1) In general.--Personally identifying information about 
        a complainant employee that would otherwise be held 
        confidential in accordance with a covered provision of a 
        nondisclosure agreement shall not be made public, unless the 
        complainant employee chooses to make that information public.
            ``(2) Unlawful retaliation.--A violation of the prohibition 
        described in paragraph (1) may be considered evidence of 
        unlawful retaliation against the complainant employee.''.

SEC. 3. NONDISCLOSURE AGREEMENT UNENFORCEABLE UNDER THE GOVERNMENT 
              EMPLOYEE RIGHTS ACT OF 1991.

    Title III of the Government Employee Rights Act of 1991 (42 U.S.C. 
2000e-16a et seq.) is amended by adding at the end the following:

``SEC. 305. NONDISCLOSURE AGREEMENT UNENFORCEABLE.

    ``(a) In General.--Any covered provision of a nondisclosure 
agreement that is entered into by a Presidential appointee described in 
section 303 or a State employee described in section 304 and an entity 
employing such appointee or employee, as the case may be, shall be 
unenforceable against that complainant Presidential appointee or State 
employee.
    ``(b) Covered Provision.--In this section, the term `covered 
provision' means a provision of a nondisclosure agreement--
            ``(1) that is entered into after the date of enactment of 
        the Stop Silencing Victims Act;
            ``(2) that prohibits the disclosure of information relating 
        to an allegation or series of allegations that could plausibly 
        give rise to a valid claim of sex discrimination; and
            ``(3) relating to material that is not otherwise prohibited 
        by law from being disclosed.
    ``(c) Defense.--In any action or proceeding to enforce a covered 
provision, a Presidential appointee described in section 303 or a State 
employee described in section 304 may raise as a defense the 
unenforceability of a covered provision of a nondisclosure agreement, 
as set forth in this section.
    ``(d) Confidentiality.--
            ``(1) In general.--Personally identifying information about 
        a complainant Presidential appointee described in section 303 
        or State employee described in section 304 that would otherwise 
        be held confidential in accordance with a covered provision of 
        a nondisclosure agreement shall not be made public, unless that 
        complainant appointee or employee chooses to make that 
        information public.
            ``(2) Unlawful retaliation.--A violation of the prohibition 
        described in paragraph (1) may be considered evidence of 
        unlawful retaliation against the complainant appointee or 
        employee.''.

SEC. 4. NONDISCLOSURE AGREEMENT UNENFORCEABLE UNDER THE CONGRESSIONAL 
              ACCOUNTABILITY ACT OF 1995.

    Title II of the Congressional Accountability Act of 1995 (2 U.S.C. 
1311 et seq.) is amended by adding at the end the following:

``SEC. 208. NONDISCLOSURE AGREEMENT UNENFORCEABLE.

    ``(a) In General.--Any covered provision of a nondisclosure 
agreement that is entered into by a covered employee and an employing 
office shall be unenforceable against that complainant covered 
employee.
    ``(b) Covered Provision.--In this section, the term `covered 
provision' means a provision of a nondisclosure agreement--
            ``(1) that is entered into after the date of enactment of 
        the Stop Silencing Victims Act;
            ``(2) that prohibits the disclosure of information relating 
        to an allegation or series of allegations that could plausibly 
        give rise to a valid claim of sex discrimination; and
            ``(3) relating to material that is not otherwise prohibited 
        by law from being disclosed.
    ``(c) Defense.--In any action or proceeding to enforce a covered 
provision, a covered employee may raise as a defense the 
unenforceability of a covered provision of a nondisclosure agreement, 
as set forth in this section.
    ``(d) Confidentiality.--
            ``(1) In general.--Personally identifying information about 
        a complainant covered employee that would otherwise be held 
        confidential in accordance with a covered provision of a 
        nondisclosure agreement shall not be made public, unless the 
        complainant covered employee chooses to make that information 
        public.
            ``(2) Unlawful retaliation.--A violation of the prohibition 
        described in paragraph (1) may be considered evidence of 
        unlawful retaliation against the complainant covered 
        employee.''.

SEC. 5. NONDISCLOSURE AGREEMENT UNENFORCEABLE UNDER TITLE 3 OF THE 
              UNITED STATES CODE.

    (a) In General.--Chapter 5 of title 3, United States Code, is 
amended by inserting after section 411 the following:
``Sec. 411A. Nondisclosure agreement unenforceable.
    ``(a) In General.--Any covered provision of a nondisclosure 
agreement that is entered into by a covered employee and an employing 
office shall be unenforceable against that complainant covered 
employee.
    ``(b) Covered Provision.--In this section, the term `covered 
provision' means a provision of a nondisclosure agreement--
            ``(1) that is entered into after the date of enactment of 
        the Stop Silencing Victims Act;
            ``(2) that prohibits the disclosure of information relating 
        to an allegation or series of allegations that could plausibly 
        give rise to a valid claim of sex discrimination; and
            ``(3) relating to material that is not otherwise prohibited 
        by law from being disclosed.
    ``(c) Defense.--In any action or proceeding to enforce a covered 
provision, a covered employee may raise as a defense the 
unenforceability of a covered provision of a nondisclosure agreement, 
as set forth in this section.
    ``(d) Confidentiality.--
            ``(1) In general.--Personally identifying information about 
        a complainant covered employee that would otherwise be held 
        confidential in accordance with a covered provision of a 
        nondisclosure agreement shall not be made public, unless the 
        complainant covered employee chooses to make that information 
        public.
            ``(2) Unlawful retaliation.--A violation of the prohibition 
        described in paragraph (1) may be considered evidence of 
        unlawful retaliation against the complainant covered 
        employee.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
411 the following new item:

``411A. Nondisclosure agreement unenforceable.''.
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