EXPANDING WHISTLEBLOWER PROTECTIONS FOR CONTRACTORS ACT OF 2025

Quick facts

Record: Senate Floor
Section type: Floor speeches
Chamber: Senate
Date: April 29, 2026
Congress: 119th Congress
Why this source matters: This section came from the Senate floor portion of the record.

Linked context

People mentioned: Peters, Gary C.
Bills and resolutions: S. 874 (119th Congress)
Committees: Committee on Homeland Security and Governmental Affairs, Committee on Oversight and Government Reform

Readable version of the official text

Mr. PETERS. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 289, S. 874.

The PRESIDING OFFICER. The clerk will report the bill by title.

The legislative clerk read as follows:

A bill (S. 874) to ensure that whistleblowers, including

contractors, are protected from retaliation when a Federal

employee orders a reprisal, and for other purposes.

There being no objection, the Senate proceeded to consider the bill,

which had been reported from the Committee on Homeland Security and Governmental Affairs with an amendment to strike all after the enacting clause and insert the part printed in italic, as follows:

SECTION 1. SHORT TITLE.

This Act may be cited as the “Expanding Whistleblower

Protections for Contractors Act of 2025”.

SEC. 2. DEFENSE CONTRACTOR EMPLOYEES: PROTECTION FROM

REPRISAL FOR DISCLOSURE OF CERTAIN INFORMATION.

Section 4701 of title 10, United States Code, is amended—

(1) in subsection (a)—

(A) in paragraph (1)—

(i) in the matter preceding subparagraph (A)—

(I) by striking “An employee” and all that follows

through “services contractor” and inserting “A protected

individual”; and

(II) by striking “disclosing” and all that follows

through “evidence of”; and

(ii) by striking subparagraphs (A), (B), and (C) and

inserting the following subparagraphs:

“(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.

“(B) Disclosing to a person or body described in paragraph

(2) information that the protected individual reasonably

believes is evidence of the following:

“(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.

“(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.

“(iii) A substantial and specific danger to public health

or safety.”; and

(B) in paragraph (3)—

(i) in subparagraph (A), by striking “an employee” and

inserting “a protected individual”; and

(ii) by striking subparagraph (B) and inserting the

following subparagraph:

“(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).”;

(2) in subsection (c)—

(A) in paragraph (1), by adding at the end the following

subparagraph:

“(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

(B) by striking paragraph (7) and inserting the following

paragraph:

“(7) Clarification for Scope of Waiver Restrictions.—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.”;

(3) by striking subsection (e) and redesignating

subsections (f) and (g) as subsections (e) and (f),

respectively;

(4) in subsection (e), as so redesignated—

(A) by striking “an employee” and inserting “a protected

individual”; and

(B) by striking “the employee” and inserting “the

protected individual”; and

(5) in subsection (f), as so redesignated, by adding at the

end the following new paragraph:

“(8) The term `protected individual' means—

“(A) a contractor, subcontractor, grantee, or subgrantee

of the Department of Defense or the National Aeronautics and

Space Administration, including—

“(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;

“(ii) the government of any political subdivision of,

agency of, or instrumentality of, a government listed in

clause (i); and

“(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;

“(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—

“(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;

“(ii) the government of any political subdivision of,

agency of, or instrumentality of, a government listed in

clause (i); and

“(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

“(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—

“(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;

“(ii) the government of any political subdivision of,

agency of, or instrumentality of, a government listed in

clause (i); and

“(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.”.

SEC. 3. ENHANCEMENT OF NON-DEFENSE CONTRACTOR PROTECTION FROM

REPRISAL FOR DISCLOSURE OF CERTAIN INFORMATION.

Section 4712 of title 41, United States Code, is amended—

(1) in subsection (a)—

(A) by striking paragraph (1) and inserting the following

paragraph:

“(1) In general.—A protected individual may not be

discharged, demoted, or otherwise discriminated against as a

reprisal for the following:

“(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.

“(B) Disclosing to a person or body described in paragraph

(2) information that the protected individual reasonably

believes is evidence of the following:

“(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.

“(ii) A substantial and specific danger to public health

or safety.”; and

(B) in paragraph (3)—

(i) in subparagraph (A), by striking “an employee” and

inserting “a protected individual”; and

(ii) by striking subparagraph (B) and inserting the

following subparagraph:

“(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).”;

(2) in subsection (c)—

(A) in paragraph (1), by adding at the end the following

new subparagraph:

“(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

(B) by striking paragraph (7) and inserting the following

paragraph:

“(7) Rights, forum, and remedies not waivable.—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.”;

(3) in subsection (e)—

(A) by striking “an employee” and inserting “a protected

individual”; and

(B) by striking “the employee” and inserting “the

protected individual”;

(4) by striking subsection (f) and redesignating

subsections (g) and (h) as subsections (f) and (g),

respectively; and

(5) in subsection (f), as so redesignated, by inserting

after paragraph (2) the following new paragraph:

“(3) The term `protected individual' means—

“(A) a contractor, subcontractor, grantee, or subgrantee

of the Federal Government, including—

“(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;

“(ii) the government of any political subdivision of,

agency of, or instrumentality of, a government listed in

clause (i); and

“(iii) an element of the intelligence community (as

defined in section 3 of the National Security Act of 1947 (50

U.S.C. 3003));

“(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—

“(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;

“(ii) the government of any political subdivision of,

agency of, or instrumentality of, a government listed in

clause (i); and

“(iii) an element of the intelligence community (as

defined in section 3 of the National Security Act of 1947 (50

U.S.C. 3003)); or

“(C) a person performing personal services for the Federal

Government pursuant to a contractual agreement for the

performance of personal services, including a personal

services contract or personal services agreement, including a

person performing personal services pursuant to such a

contractual agreement for—

“(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;

“(ii) the government of any political subdivision of,

agency of, or instrumentality of, a government listed in

clause (i); and

“(iii) an element of the intelligence community (as

defined in section 3 of the National Security Act of 1947 (50

U.S.C. 3003)).”.

Mr. PETERS. I ask unanimous consent that the committee-reported substitute amendment be agreed to; that the bill, as amended, be considered read a third time and passed; and that the motion to reconsider be considered made and laid upon the table.

The PRESIDING OFFICER. Without objection, it is so ordered.

The committee-reported amendment, in the nature of a substitute, was

agreed to.

The bill (S. 874), as amended, was ordered to be engrossed for a third reading, was read the third time, and passed.

Mr. PETERS. Mr. President, my bipartisan Expanding Whistleblower Protections for Contractors Act, which just passed in the Senate, basically closes loopholes in the law to ensure that Federal contractors are protected when they disclose information about fraud, waste, and abuse of taxpayer money.

Each year, whistleblowers help the government save money and fight

fraud when they make disclosures to Congress, inspectors general, and other oversight bodies.

Currently, the law that protects contractor whistleblowers is weaker

than the laws that protect both Federal and private sector employees. In some instances, loopholes have allowed Federal officials to retaliate against whistleblowers with absolutely no accountability.

My bill would make it perfectly clear that Federal officials cannot

direct retaliation against contractors any more than they can direct retaliation against Federal employees.

If they violate the law, the bill will allow Agencies to take

disciplinary action. The bill would also clarify that employers cannot evade whistleblower laws through nondisclosure agreements and other employment contracts and ensure that contractor employees are not retaliated against for refusing to perform an action that they believe is illegal.

Download the official section PDF

Readable version of the official text

Linked Context

Official Record

Quick facts

Linked context

Readable version of the official text

There being no objection, the Senate proceeded to consider the bill,

The committee-reported amendment, in the nature of a substitute, was

Each year, whistleblowers help the government save money and fight

Currently, the law that protects contractor whistleblowers is weaker

My bill would make it perfectly clear that Federal officials cannot

If they violate the law, the bill will allow Agencies to take

I would like to thank Senator Grassley for joining me in introducing

I urge my colleagues to continue to join me in passing this bill

Official source