[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 874 Reported in Senate (RS)]
<DOC>
Calendar No. 289
119th CONGRESS
1st Session
S. 874
To ensure that whistleblowers, including contractors, are protected
from retaliation when a Federal employee orders a reprisal, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 5, 2025
Mr. Peters (for himself and Mr. Grassley) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
December 9, 2025
Reported by Mr. Paul, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To ensure that whistleblowers, including contractors, are protected
from retaliation when a Federal employee orders a reprisal, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Expanding Whistleblower
Protections for Contractors Act of 2025''.</DELETED>
<DELETED>SEC. 2. DEFENSE CONTRACTOR EMPLOYEES: PROTECTION FROM REPRISAL
FOR DISCLOSURE OF CERTAIN INFORMATION.</DELETED>
<DELETED> Section 4701 of title 10, United States Code, is amended--
</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) in the matter preceding
subparagraph (A)--</DELETED>
<DELETED> (I) by striking ``An
employee'' and all that follows through
``services contractor'' and inserting
``A protected individual'';
and</DELETED>
<DELETED> (II) by striking
``disclosing'' and all that follows
through ``evidence of''; and</DELETED>
<DELETED> (ii) by striking subparagraphs
(A), (B), and (C) and inserting the following
subparagraphs:</DELETED>
<DELETED> ``(A) Refusing to obey an order that would require
the protected individual to violate a law, rule, or regulation
related to any contract, subcontract, grant, or
subgrant.</DELETED>
<DELETED> ``(B) Disclosing to a person or body described in
paragraph (2) information that the protected individual
reasonably believes is evidence of the following:</DELETED>
<DELETED> ``(i) Gross mismanagement of any
Department of Defense contract or grant, any gross
waste of Department funds, any abuse of authority
relating to any Department contract, subcontract,
grant, or subgrant, or any violation of law, rule, or
regulation related to any Department contract or
subcontract (including the competition for or
negotiation of a contract or subcontract) or grant or
subgrant.</DELETED>
<DELETED> ``(ii) Gross mismanagement of any National
Aeronautics and Space Administration contract or grant,
any gross waste of Administration funds, any abuse of
authority relating to an Administration contract,
subcontract, grant, or subgrant, or any violation of
law, rule, or regulation related to any Administration
contract or subcontract (including the competition for
or negotiation of a contract or subcontract) or grant
or subgrant.</DELETED>
<DELETED> ``(iii) A substantial and specific danger
to public health or safety.''; and</DELETED>
<DELETED> (B) in paragraph (3)--</DELETED>
<DELETED> (i) in subparagraph (A), by
striking ``an employee'' and inserting ``a
protected individual''; and</DELETED>
<DELETED> (ii) by striking subparagraph (B)
and inserting the following
subparagraph:</DELETED>
<DELETED> ``(B) it shall not be within the authority of an
executive branch official to request that a contractor,
subcontractor, grantee, or subgrantee engage in a reprisal
prohibited by paragraph (1).'';</DELETED>
<DELETED> (2) in subsection (c)--</DELETED>
<DELETED> (A) in paragraph (1), by adding at the end
the following subparagraph:</DELETED>
<DELETED> ``(E) Propose appropriate disciplinary action
against any executive branch official for any request made of a
contractor, subcontractor, grantee, or subgrantee that
subjected the complainant to a reprisal prohibited by
subsection (a).''; and</DELETED>
<DELETED> (B) by striking paragraph (7) and
inserting the following paragraph:</DELETED>
<DELETED> ``(7) Clarification for Scope of Waiver Restrictions.--(A)
The rights, forum, and remedies provided for in this section may not be
waived by any public or private agreement, policy, form, or condition
of employment, including by any predispute arbitration
agreement.</DELETED>
<DELETED> ``(B) No provision of the predispute arbitration agreement
shall be valid or enforceable if it requires arbitration of a dispute
arising under this section.'';</DELETED>
<DELETED> (3) by striking subsection (e) and redesignating
subsections (f) and (g) as subsections (e) and (f),
respectively;</DELETED>
<DELETED> (4) in subsection (e), as so redesignated--
</DELETED>
<DELETED> (A) by striking ``an employee'' and
inserting ``a protected individual''; and</DELETED>
<DELETED> (B) by striking ``the employee'' and
inserting ``the protected individual''; and</DELETED>
<DELETED> (5) in subsection (f), as so redesignated, by
adding at the end the following new paragraph:</DELETED>
<DELETED> ``(8) The term `protected individual' means--
</DELETED>
<DELETED> ``(A) a contractor, subcontractor,
grantee, or subgrantee of the Department of Defense or
the National Aeronautics and Space Administration,
including--</DELETED>
<DELETED> ``(i) the government of each of
the several States, the District of Columbia,
an Indian tribe or authorized tribal
organization, the Commonwealth of Puerto Rico,
Guam, American Samoa, the Virgin Islands, the
Commonwealth of the Northern Mariana Islands,
or any other territory or possession of the
United States;</DELETED>
<DELETED> ``(ii) the government of any
political subdivision of, agency of, or
instrumentality of, a government listed in
clause (i); and</DELETED>
<DELETED> ``(iii) an element of the
intelligence community (as defined in section 3
of the National Security Act of 1947 (50 U.S.C.
3003)) within the Department of
Defense;</DELETED>
<DELETED> ``(B) an employee of a contractor,
subcontractor, grantee, or subgrantee of the Department
of Defense or the National Aeronautics and Space
Administration, or a former employee of such
contractor, subcontractor, grantee, or subgrantee whose
protected disclosure or engagement in any activity
protected against reprisal under this section occurred
prior to termination, including an employee of--
</DELETED>
<DELETED> ``(i) the government of each of
the several States, the District of Columbia,
an Indian tribe or authorized tribal
organization, the Commonwealth of Puerto Rico,
Guam, American Samoa, the Virgin Islands, the
Commonwealth of the Northern Mariana Islands,
or any other territory or possession of the
United States;</DELETED>
<DELETED> ``(ii) the government of any
political subdivision of, agency of, or
instrumentality of, a government listed in
clause (i); and</DELETED>
<DELETED> ``(iii) an element of the
intelligence community (as defined in section 3
of the National Security Act of 1947 (50 U.S.C.
3003)) within the Department of Defense;
or</DELETED>
<DELETED> ``(C) a person performing personal
services for the Department of Defense or the National
Aeronautics and Space Administration pursuant to a
contractual agreement for the performance of personal
services, including a personal services contract or
personal services agreement, and who engages in an
activity for which any reprisal is prohibited under
subsection (a), including a person performing personal
services pursuant such a contractual agreement for--
</DELETED>
<DELETED> ``(i) the government of each of
the several States, the District of Columbia,
an Indian tribe or authorized tribal
organization, the Commonwealth of Puerto Rico,
Guam, American Samoa, the Virgin Islands, the
Commonwealth of the Northern Mariana Islands,
or any other territory or possession of the
United States;</DELETED>
<DELETED> ``(ii) the government of any
political subdivision of, agency of, or
instrumentality of, a government listed in
clause (i); and</DELETED>
<DELETED> ``(iii) an element of the
intelligence community (as defined in section 3
of the National Security Act of 1947 (50 U.S.C.
3003)) within the Department of
Defense.''.</DELETED>
<DELETED>SEC. 3. ENHANCEMENT OF NON-DEFENSE CONTRACTOR PROTECTION FROM
REPRISAL FOR DISCLOSURE OF CERTAIN INFORMATION.</DELETED>
<DELETED> Section 4712 of title 41, United States Code, is amended--
</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) by striking paragraph (1) and
inserting the following paragraph:</DELETED>
<DELETED> ``(1) In general.--A protected individual may not
be discharged, demoted, or otherwise discriminated against as a
reprisal for the following:</DELETED>
<DELETED> ``(A) Refusing to obey an order that would
require the protected individual to violate a law,
rule, or regulation related to any contract,
subcontract, grant, or subgrant.</DELETED>
<DELETED> ``(B) Disclosing to a person or body
described in paragraph (2) information that the
protected individual reasonably believes is evidence of
the following:</DELETED>
<DELETED> ``(i) Gross mismanagement of any
Federal contract or grant, any gross waste of
Federal funds, any abuse of authority relating
to any Federal contract, subcontract, grant, or
subgrant, or any violation of law, rule, or
regulation related to any Federal contract or
subcontract (including the competition for or
negotiation of a contract or subcontract) or
grant or subgrant.</DELETED>
<DELETED> ``(ii) A substantial and specific
danger to public health or safety.'';
and</DELETED>
<DELETED> (B) in paragraph (3)--</DELETED>
<DELETED> (i) in subparagraph (A), by
striking ``an employee'' and inserting ``a
protected individual''; and</DELETED>
<DELETED> (ii) by striking subparagraph (B)
and inserting the following
subparagraph:</DELETED>
<DELETED> ``(B) it shall not be within the authority
of an executive branch official to request that a
contractor, subcontractor, grantee, or subgrantee
engage in a reprisal prohibited by paragraph
(1).'';</DELETED>
<DELETED> (2) in subsection (c)--</DELETED>
<DELETED> (A) in paragraph (1), by adding at the end
the following new subparagraph:</DELETED>
<DELETED> ``(E) Propose appropriate disciplinary
action against any executive branch official for any
request made of a contractor, subcontractor, grantee,
or subgrantee that subjected the complainant to a
reprisal prohibited by subsection (a).''; and</DELETED>
<DELETED> (B) by striking paragraph (7) and
inserting the following paragraph:</DELETED>
<DELETED> ``(7) Rights, forum, and remedies not waivable.--
</DELETED>
<DELETED> ``(A) In general.--The rights, forum, and
remedies provided for in this section may not be waived
by any public or private agreement, policy, form, or
condition of employment, including by any predispute
arbitration agreement.</DELETED>
<DELETED> ``(B) Validity.--No provision of the
predispute arbitration agreement shall be valid or
enforceable if it requires arbitration of a dispute
arising under this section.'';</DELETED>
<DELETED> (3) in subsection (e)--</DELETED>
<DELETED> (A) by striking ``an employee'' and
inserting ``a protected individual''; and</DELETED>
<DELETED> (B) by striking ``the employee'' and
inserting ``the protected individual'';</DELETED>
<DELETED> (4) by striking subsection (f) and redesignating
subsections (g) and (h) as subsections (f) and (g),
respectively; and</DELETED>
<DELETED> (5) in subsection (f), as so redesignated, by
inserting after paragraph (2) the following new
paragraph:</DELETED>
<DELETED> ``(3) The term `protected individual' means--
</DELETED>
<DELETED> ``(A) a contractor, subcontractor,
grantee, or subgrantee of the Federal Government,
including--</DELETED>
<DELETED> ``(i) the government of each of
the several States, the District of Columbia,
an Indian tribe or authorized tribal
organization, the Commonwealth of Puerto Rico,
Guam, American Samoa, the Virgin Islands, the
Commonwealth of the Northern Mariana Islands,
or any other territory or possession of the
United States;</DELETED>
<DELETED> ``(ii) the government of any
political subdivision of, agency of, or
instrumentality of, a government listed in
clause (i); and</DELETED>
<DELETED> ``(iii) an element of the
intelligence community (as defined in section 3
of the National Security Act of 1947 (50 U.S.C.
3003));</DELETED>
<DELETED> ``(B) an employee of a contractor,
subcontractor, grantee, or subgrantee of the Federal
Government or a former employee of such contractor,
subcontractor, grantee, or subgrantee whose protected
disclosure or engagement in any activity protected
against reprisal under this section occurred prior to
termination, including an employee of--</DELETED>
<DELETED> ``(i) the government of each of
the several States, the District of Columbia,
an Indian tribe or authorized tribal
organization, the Commonwealth of Puerto Rico,
Guam, American Samoa, the Virgin Islands, the
Commonwealth of the Northern Mariana Islands,
or any other territory or possession of the
United States;</DELETED>
<DELETED> ``(ii) the government of any
political subdivision of, agency of, or
instrumentality of, a government listed in
clause (i); and</DELETED>
<DELETED> ``(iii) an element of the