119-s874

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 874 Introduced in Senate

    (IS) ]

<DOC>

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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