[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 874 Introduced in Senate (IS)]
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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 introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
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,
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.--(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.
``(B) No provision of the predispute arbitration agreement shall be
valid or enforceable if it requires arbitration of a dispute arising
under this section.'';
(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.--
``(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.
``(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.'';
(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)).''.
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