S. 4631 – Expanding Whistleblower Protections for Contractors Act of 2026

AI-Generated Summary

Updated July 16, 2026 at 6:44 PM UTC

The Expanding Whistleblower Protections for Contractors Act of 2026 broadens federal whistleblower safeguards to include contractors, subcontractors, grantees, subgrantees and their employees who work on Department of Defense, NASA, and other federal contracts and grants. It bars retaliation when these “protected individuals” refuse illegal orders or report waste, fraud, abuse, gross mismanagement, or serious health‑safety risks, and it prevents executive officials from ordering such reprisals. The bill also defines who is covered and makes the protections non‑waivable.

Key Provisions

Amends Title 10 (defense contracts) to replace “employee” with “protected individual,” covering contractors, subcontractors, grantees, subgrantees, their employees and personal‑services workers.
Protects these individuals from retaliation for refusing to obey illegal orders or for disclosing evidence of gross mismanagement, waste, abuse of authority, or a substantial danger to public health or safety.
Prohibits any executive‑branch official from requesting a contractor or grantee to engage in prohibited reprisals and allows disciplinary action against officials who do so.
Makes the rights, forum, and remedies under the whistleblower statutes non‑waivable by any agreement, policy, or arbitration clause.
Provides a detailed definition of “protected individual,” extending coverage to state, tribal, territorial governments and elements of the intelligence community.
Repeats similar amendments to Title 41 (non‑defense contracts) to extend the same protections and definitions to all federal contracts, grants, and subgrants.

Legislative Activity

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4 earlier actions

HouseFloor Latest Action

Held at the desk.

May 21, 2026 • 4:14 PM

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SenateIntro Referral

Introduced in Senate

May 21, 2026

SenateFloor

Introduced in the Senate, read twice, considered, read the third time, and passed without amendment by Unanimous Consent. (consideration: CR S2452-2454; text: CR S2452-2454)

May 21, 2026

SenateFloor

Message on Senate action sent to the House.

May 21, 2026

HouseFloor

Received in the House.

May 21, 2026 • 3:18 PM

HouseFloor

Held at the desk.

May 21, 2026 • 4:14 PM

Floor Debate

1 member

What members said about S. 4631 on the floor

1 Republican

Sen. John ThuneR-SD · May 21, 2026

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. 4631, which is at the desk. Mr. President, I ask unanimous consent that the bill be considered read…

Bill Text

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Considered and Passed SenateIssued May 21, 2026

II

119th CONGRESS

2d Session

S. 4631

IN THE SENATE OF THE UNITED STATES

May 21, 2026

Mr. Peters (for himself and Mr. Grassley) introduced the following bill; which was read twice, considered, read the third time, and passed

A BILL

To ensure that whistleblowers, including contractors, are protected from retaliation when a Federal employee orders a reprisal, and for other purposes.

1.

Short title

This Act may be cited as the Expanding Whistleblower Protections for Contractors Act of 2026.

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 (8) and inserting the following paragraph:

(8)

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.

.

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)).

.