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Thursday, July 16, 2026

Senate NDAA Provision Would Expand Military Whistleblower Protections - Military.com

Congress is considering legislation that would expand protections for military whistleblowers by expressly prohibiting retaliatory security clearance reviews and retaliatory psychiatric or medical examinations.

The proposal appears in Section 527 of S. 4784, the Senate Armed Services Committee's version of the National Defense Authorization Act (NDAA) for Fiscal Year 2027. The provision would amend 10 U.S.C. § 1034, the statute that protects members of the Armed Forces from retaliation for making protected communications to Congress, inspectors general, law enforcement officials and other authorized recipients.

Current law prohibits a range of retaliatory personnel actions against service members who make protected disclosures. Section 527 would expand that list by adding two new categories of prohibited retaliation.

First, the bill would prohibit “[t]he conducting of, or a threat to order, a retaliatory security clearance review.”

Second, the bill would prohibit “[t]he conducting of, or a threat to order, a retaliatory psychiatric examination, mental health evaluation, psychological assessment, or other medical testing or examination.”

The provision would place those actions alongside other forms of retaliation already prohibited under the military whistleblower statute.

It would also add a new subsection to 10 U.S.C. § 1034 stating that “[n]o nondisclosure policy, form, or agreement shall be construed as limiting or otherwise affecting the rights and protections...



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