FTC Whistleblower Act of 2026

(a) Protection from retaliation. A covered entity may not, directly or indirectly, discharge, demote, suspend, threaten, harass, or in any other manner discriminate or take an adverse personnel action against an individual (or a group of individuals) because the individual (or group of individuals) does any of the following:

(1) Makes (or the covered entity suspects the individual or group of individuals has made or will make) a covered disclosure to—

(A) a qualified entity;

(B) a person with supervisory authority over the individual (or group of individuals); or

(C) another individual working for the covered entity who the individual (or group of individuals) reasonably believes has the authority to investigate, discover, or terminate the alleged violation in the covered disclosure or to take any other action to address such violation.

(2) Initiates, testifies, assists, or participates (or the covered entity expects will initiate, testify, assist, or participate) in an investigation conducted by a qualified entity or a judicial or administrative proceeding brought by a qualified entity relating to a covered violation.

(3) Objects to, or refuses to participate in, any activity, policy, practice, or assigned task that the individual (or group of individuals) reasonably believes is an alleged covered violation.

(b) Enforcement

(1) Cause of action. A whistleblower who alleges discharge or other discrimination by a covered entity in violation of subsection (a)—

(A) may bring an action governed by the procedures and burdens of proof in section 4712 of title 41, United States Code; or

(B) may bring an action in the appropriate district court of the United States—

(i) for the relief described in subsection (c);

(ii) governed by the burdens of proof in section 1221(e) of title 5, United States Code; and

(iii) in which the whistleblower shall be entitled to a trial by jury.

(2) Statute of limitations

(A) In general. An action under paragraph (1) may not be brought—

(i) more than 6 years after the date on which the violation of subsection (a) occurred; or

(ii) more than 3 years after the date on which facts material to the right of action are known or reasonably should have been known by the whistleblower alleging a violation of subsection (a).

(B) Required action within 10 years. Notwithstanding subparagraph (A), an action under paragraph (1) may not be brought more than 10 years after the date on which the violation of subsection (a) occurred.

(3) Waiver of rights and remedies. The rights and remedies provided in this section may not be waived by any policy, written document, or other condition relating to employment, including by a predispute arbitration agreement.

(4) Predispute arbitration agreements. Notwithstanding any other provision of law, a predispute arbitration agreement may not be enforced with respect to an action under paragraph (1).

(5) Restrictive covenant agreements. Notwithstanding any other provision of law, an agreement in which a whistleblower is restrained by the covered entity that was the subject of a covered disclosure from exercising a lawful profession, trade, or business of any kind may not be enforced.

(c) Relief. Relief for any whistleblower who prevails in an action brought under subsection (b)(1) shall include—

(1) reinstatement with the same seniority status that the whistleblower would have had but for the discharge or discrimination;

(2) 3 times the amount of back pay owed to the whistleblower, with interest; and

(3) consequential and compensatory damages and compensation for litigation costs, expert witness fees, and reasonable attorneys’ fees.

(d) Communications

(1) Prohibition on impeding covered disclosure. A covered entity may not take any action that impedes or prevents an individual from communicating directly with a qualified entity about a covered disclosure, including enforcing, or threatening to enforce, a confidentiality or non-disparagement agreement.

(2) Communication with qualified entities. A covered entity may not require the consent of the counsel of the covered entity for a qualified entity to communicate directly with an individual or the attorney of an individual (if the individual is represented by an attorney) regarding a possible covered disclosure.

(3) Enforcement by Commission

(A) Unfair or deceptive acts or practices. A violation of paragraph (1) or (2) shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices.

(B) Powers of Commission. The Commission shall enforce paragraphs (1) and (2) in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this subsection, and any person who violates paragraph (1) or (2) shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act.

(e) Confidentiality

(1) Requirement. The Commission, any employee of the Commission, and any other entity to which the Commission communicates may not disclose any information provided to the Commission, including information provided by a whistleblower, that could reasonably be expected to reveal the identity of a whistleblower.

(2) Exception. Notwithstanding paragraph (1), if release of the information described in paragraph (1) is required by law, the whistleblower shall receive timely advance notice before such release.

(3) Rules of construction. This paragraph may not be construed to prohibit—

(A) any disclosure described in section 21(d) of the Federal Trade Commission Act (15 U.S.C. 57b–2(d));

(B) a disclosure to any officer or employee of a Federal or State law enforcement agency or a foreign law enforcement agency under section 6(f) or 21(b)(6) of the Federal Trade Commission Act (15 U.S.C. 46(f), 57b–2(b)(6)); or

(C) a disclosure to which the whistleblower consents.

(f) Rules of construction

(1) Collective bargaining. Nothing in this section may be construed to diminish the rights, privileges, or remedies of any whistleblower under any Federal or State law relating to collective bargaining or under any collective bargaining agreement.

(2) Other whistleblower protections

(A) Nothing in this section may be construed to preempt or supersede any other Federal or State law relating to whistleblower protections.

(B) Notwithstanding any other provision of law, a whistleblower shall be immune from civil and criminal liability for making a covered disclosure if the whistleblower would be protected from reprisal under section (a). The whistleblower shall bear the burden required under subsection (b) of proving that the whistleblower would be protected from reprisal under subsection (a) for making the disclosure. This section does not provide a defense against activities unrelated to conduct protected under subsection (a).

(3) Authority of Commission. Nothing in this section may be construed to limit the authority of the Commission under any other provision of law.