--- Reported (Senate)
+++ Engrossed (Senate)
@@ -1,355 +1,22 @@
[From the U.S. Government Publishing Office]
-[S. 874 Reported in Senate (RS)]
+[S. 874 Engrossed in Senate (ES)]
<DOC>
-Calendar No. 289
119th CONGRESS
-1st Session
+2d Session
S. 874
+
+_______________________________________________________________________
+
+AN ACT
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
-intelligence community (as defined in section 3
-of the National Security Act of 1947 (50 U.S.C.
-3003)); or</DELETED>
-<DELETED> ``(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--</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>
SECTION 1. SHORT TITLE.
@@ -617,24 +284,22 @@
community (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C.
3003)).''.
-Calendar No. 289
-
+
+Passed the Senate April 29, 2026.
+
+Attest:
+
+Secretary.
119th CONGRESS
-1st Session
+2d Session
S. 874
_______________________________________________________________________
-A BILL
+AN ACT
To ensure that whistleblowers, including contractors, are protected
from retaliation when a Federal employee orders a reprisal, and for
other purposes.
-
-_______________________________________________________________________
-
-December 9, 2025
-
-Reported with an amendment