[Congressional Record Volume 172, Number 75 (Wednesday, April 29, 2026)]
[Senate]
[Pages S2100-S2102]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXPANDING WHISTLEBLOWER PROTECTIONS FOR CONTRACTORS ACT OF 2025
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)--
[[Page S2101]]
(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.
[[Page S2102]]
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.
I would like to thank Senator Grassley for joining me in introducing
this legislation and Representatives Garcia and Comer for introducing
the House companion, which was unanimously approved by the House
Committee on Oversight and Government Reform.
I urge my colleagues to continue to join me in passing this bill
through the House and certainly appreciate the support that I received
on the floor here today.
The PRESIDING OFFICER. The Senator from Hawaii.
____________________