[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4047 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 4047

   To streamline the administration of whistleblower protections for 
                       private sector employees.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 1, 2007

Ms. Woolsey (for herself, Mr. George Miller of California, Mr. Kildee, 
 Mr. Payne, Mr. Andrews, Mrs. McCarthy of New York, Mr. Kucinich, Mr. 
   Bishop of New York, Mr. Hare, Ms. Shea-Porter, Mr. Grijalva, Mr. 
Markey, Mr. Tierney, and Ms. Linda T. Sanchez of California) introduced 
 the following bill; which was referred to the Committee on Education 
                               and Labor

_______________________________________________________________________

                                 A BILL


 
   To streamline the administration of whistleblower protections for 
                       private sector employees.

    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 ``Private Sector Whistleblower 
Protection Streamlining Act of 2007''.

      TITLE I--PRIVATE SECTOR EMPLOYMENT WHISTLEBLOWER PROTECTIONS

SEC. 101. DEFINITIONS.

    As used in this title, the following definitions apply:
            (1) Applicable law.--The term ``applicable law'' means any 
        Federal law, rule, or regulation, or a law, rule or regulation 
        of a State or political subdivision of a State implementing any 
        Federal law, rule or regulation, relating to--
                    (A) health and health care;
                    (B) environmental protection;
                    (C) food and drug safety;
                    (D) transportation safety;
                    (E) working conditions and benefits;
                    (F) building and construction-related requirements, 
                including safety requirements and structural and 
                engineering standards;
                    (G) energy, homeland, and community security, 
                including facility safety;
                    (H) financial transactions or reporting 
                requirements, including banking, insurance, and 
                securities laws; and
                    (I) consumer protection.
            (2) Clear and convincing evidence.--The term ``clear and 
        convincing evidence'' means evidence indicating that the matter 
        to be proved is highly probable or reasonably certain.
            (3) Contributing factor.--The term ``contributing factor'' 
        means any factor which, alone or in combination with other 
        factors, affects in any way the outcome of the decision.
            (4) Employee.--The term ``employee'' means any person 
        receiving compensation from or acting on behalf of an employer, 
        being considered for employment by the employer, or previously 
        employed by an employer, including any working as an associate, 
        person employed on a temporary or part-time basis, or employed 
        by a contractor or subcontractor of an employer.
            (5) Employer.--The term ``employer'' means any person 
        (including one or more individuals, partnerships, associations, 
        corporations, legal representatives, mutual companies, joint-
        stock companies, trusts, unincorporated organizations, 
        nongovernmental organizations, or trustees) engaged in profit 
        or nonprofit business affecting commerce, including any 
        subsidiaries, affiliates, or the foreign operations of any 
        business that are subject to applicable law, any entity of a 
        State government or political subdivision of a State, or any 
        nongovernmental organization, and any contractor or 
        subcontractor of another employer.
            (6) Manager.--The term ``manager'' means any person who has 
        direct, implied, or apparent authority over the work 
        performance of a whistleblower, directly or indirectly through 
        subordinates, or a person who has the direct, implied, or 
        apparent authority to recommend or to take corrective action 
        regarding the activities or policies of the employer or to 
        remedy a violation of an applicable law.
            (7) Media.--The term ``media'' includes a member of the 
        print, radio, television, or internet media.
            (8) Protected information.--The term ``protected 
        information'' means any information that a whistleblower 
        reasonably believes evidences--
                    (A) a violation or the intent to commit a 
                violation, by the employer or a subsidiary or business 
                affiliate of the employer, of an applicable law;
                    (B) a hazard or potential danger to the health or 
                safety of any employee or to the public, including any 
                injury or illness; or
                    (C) fraud on the part of the employer or a business 
                affiliate or subsidiary of the employer in connection 
                with the implementation of or compliance with an 
                applicable law or a standard of practice established by 
                a professional standards setting body.
            (9) Public body.--The term ``public body'' means Congress, 
        any State legislature or popularly elected local government 
        body, any Federal, State or local regulatory, administrative, 
        or public agency, authority, or instrumentality or combination 
        thereof, any Federal, State, or local law enforcement agency, 
        prosecutorial office, or police or peace officer, any Federal, 
        State or local court or other adjudicative body, or any 
        division, board, bureau, office, committee, or commission of 
        any such public bodies, or any organization or credentialing 
        body that establishes or enforces standards of professional 
        conduct.
            (10) Responsible party.--The term ``responsible party'' 
        means any employer, any professional membership organization, 
        including a certification, disciplinary, or other professional 
        body, and any agency or licensee of the Federal government, and 
        includes a person acting directly or indirectly in the interest 
        of another responsible party.
            (11) Reasonably believes.--The term ``reasonably 
        believes'', with respect to information that may be protected 
        information, means that a disinterested observer with a similar 
        level of education, skill and experience and with knowledge of 
        the essential facts known to or readily ascertained by the 
        whistleblower could conclude that such information is protected 
        information, and the determination of reasonable belief in this 
        context is a subjective standard which is a question of fact.
            (12) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (13) Unfavorable personnel action.--The term ``unfavorable 
        personnel action'' means any action or inaction, whether taken, 
        recommended, or threatened, directly or indirectly unfavorable 
        to the whistleblower, or family member of the whistleblower, by 
        any responsible party, including current employer of the 
        whistleblower, including termination, performance appraisal or 
        action, discipline, reduction in pay or benefits, transfer, 
        reassignment, demotion, withholding of training or other 
        advancement opportunities, removal of resources, the denial, 
        suspension, or revocation of a security clearance, 
        investigation, peer review, law enforcement referral, or 
        prosecution, filing criminal or civil charges, change in 
        seniority rights, denial of advancement, denial of contract, 
        revocation of security credentials, blacklisting, listing on a 
        practitioner databank, violence or other physical action, any 
        other discrimination or other action that negatively affects 
        the terms or conditions, or privileges of employment of such 
        whistleblower, or any other conduct that would dissuade a 
        reasonable person from engaging in activities protected by this 
        title.
            (14) Whistleblower.--The term ``whistleblower'' includes an 
        employee, independent contractor, or any member or staff of a 
        professional membership organization or other professional 
        body, including professionals with institutional privileges or 
        appointments to an organization, who engages in the protected 
        activity described in section 102(a).

SEC. 102. PROTECTION AGAINST RETALIATION OR DISCRIMINATION AGAINST 
              WHISTLEBLOWERS.

    (a) In General.--Notwithstanding the requirements of any other law, 
no responsible party shall take any unfavorable personnel action 
against a whistleblower if such action is due, in whole or in part, to 
any lawful act done, perceived to have been done, or intended to be 
done by the whistleblower to--
            (1) communicate or disclose, without restriction as to 
        place, form, motive, context, forum, or prior disclosure, 
        including disclosure in the ordinary course of the 
        whistleblower's duties, to a manager, public body, or the 
        media, or to the public, any protected information, where 
        disclosure is not prohibited by law or because such information 
        is classified, in which case the information may be disclosed 
        to an official eligible by law to receive such information and 
        designated by the employer, or to a relevant regulatory 
        authority, law enforcement agency or Inspector General;
            (2) take action to initiate, testify, cooperate, or 
        otherwise assist or participate in an investigation or 
        proceeding by a public body, or any proceeding authorized by 
        applicable law, or take action indicating that the 
        whistleblower is about to testify, cooperate, or otherwise 
        assist such an investigation or proceeding;
            (3) object to or refuse to participate in any activity, 
        policy, practice, or assigned task which the whistleblower 
        reasonably believes is in violation of an applicable law or 
        endangers the safety or health or the whistleblower or others;
            (4) inform or discuss with co-workers of the whistleblower, 
        experts or corroborating witnesses, a representative of the 
        whistleblower, a safety and health or similar workplace 
        committee, or a family member of the whistleblower, any 
        protected information, where disclosure is not prohibited by 
        law or because it is classified; or
            (5) otherwise avail himself or herself of the rights set 
        forth in this title or other applicable law, or assist another 
        whistleblower in asserting the rights available under this 
        title.
    (b) Broad Construction.--It is the sense of Congress that the 
provisions of this section and section 101 shall be construed broadly 
to maximize the Act's remedial objectives and for the benefit of the 
public.

SEC. 103. ENFORCEMENT.

    (a) Complaint; Right of Action.--
            (1) In general.--A whistleblower who believes that he or 
        she has been discharged or otherwise discriminated against by 
        any responsible party in violation of section 102(a) may seek 
        the relief described in this section, either by--
                    (A) filing a complaint with the Secretary as 
                described in subsection (b); or
                    (B) bringing an action at law or equity in the 
                appropriate district court of the United States as 
                described in subsection (c).
        Except as provided in subsection (b)(11), a whistleblower, 
        having filed a complaint under subparagraph (A), may not bring 
        an action under subparagraph (B).
            (2) Statute of limitations.--A whistleblower may take 
        either action permitted by the preceding paragraph not later 
        than 1 year after the later of--
                    (A) the date on which such violation occurs; or
                    (B) the date on which the whistleblower knows or 
                should reasonably have known that such violation 
                occurred.
        For purposes of this paragraph, a violation shall be considered 
        to have occurred on the last date on which such violation 
        continues.
    (b) Department of Labor Complaint Procedure.--
            (1) Notification of public body.--Upon receipt of a 
        complaint under this section, the Secretary shall provide 
        prompt notice to the appropriate public body of any protected 
        information referenced in the complaint of a violation of 
        section 102(a). The public body's determination on whether or 
        not a violation has occurred, nor its action or inaction, shall 
        not be considered by the Secretary.
            (2) Election of procedure; exclusion.--
                    (A) Election of procedure.--Upon receipt of a 
                complaint under this section, the Secretary shall 
                inform the complainant (or any legal counsel retained 
                by complainant) of any program for administering 
                whistleblower complaints described in section 202 that 
                may be applicable to the complainant's situation, and 
                obtain the complainant's consent as to the program 
                under which the complainant wishes to proceed. No 
                action may proceed unless a complainant with such an 
                election makes it, and such an election is binding. If 
                the complaint is to be processed under this title, the 
                Secretary shall provide written notice to the 
                responsible party named in the complaint of the filing 
                of the complaint, the substance of the evidence 
                supporting the complaint, and of the opportunities that 
                will be afforded to such responsible party under this 
                subsection.
                    (B) Exclusion.--No complaint by a government 
                employee that is within the scope of the Whistleblower 
                Protection Act (5 U.S.C. 1201 note) shall be considered 
                under the provisions of this title, provided, however, 
                that this exclusion does not diminish any rights a 
                whistleblower may have under any program for 
                administering whistleblower complaints described in 
                section 202.
            (3) Decision to investigate or dismiss complaint.--The 
        Secretary shall, based on the criteria set forth in paragraph 
        (d)(1), either--
                    (A) make a decision to investigate the complaint 
                under paragraph (5); or
                    (B) make a final decision to dismiss the complaint.
            (4) Temporary relief during investigation.--If the 
        complaint is not dismissed under paragraph (3), the Secretary 
        shall, upon request, issue a preliminary order providing for 
        temporary reinstatement of the complainant while the Secretary 
        is conducting an investigation pursuant to paragraph (5). If a 
        hearing is not requested as provided for in paragraph (7), such 
        preliminary order shall be deemed a final order that is not 
        subject to judicial review.
            (5) Investigation.--The Secretary shall investigate any 
        complaint not dismissed under paragraph (3). The Secretary 
        shall afford the responsible party named in the complaint an 
        opportunity to submit to the Secretary a written response to 
        the complaint and to meet with a representative of the 
        Secretary to present statements from witnesses. The complainant 
        shall be provided an opportunity to meet with a representative 
        of the Secretary and rebut any statements provided to the 
        Secretary by the responsible party named in the complaint. In 
        conducting such investigation, the Secretary may issue 
        subpoenas requiring the deposition of or the attendance and 
        testimony of witnesses and the production of any evidence, 
        including any books, papers, or documents, relating to the 
        matter under investigation. The Secretary shall complete the 
        investigation and issue a decision in accordance with the 
        criteria set forth in subsection (d)(2) not later than 30 days 
        after the date of receipt of a complaint. The Secretary shall 
        notify, in writing, the complainant and the responsible party 
        named in the complaint of the Secretary's findings.
            (6) Preliminary order following investigation.--If the 
        Secretary finds that a violation of section 102(a) has 
        occurred, the Secretary shall issue a preliminary order 
        providing the relief prescribed by paragraph (10). If a hearing 
        is not timely requested as provided for in paragraph (7), such 
        preliminary order shall be deemed a final order of the 
        Secretary that is not subject to judicial review.
            (7) Hearing.--
                    (A) Request for hearing.--The complainant or 
                responsible party alleged to have committed a violation 
                of section 102(a) may request a hearing on the record 
                before an administrative law judge--
                            (i) if the complainant or the responsible 
                        party alleged to have committed a violation of 
                        section 102(a) objects to a preliminary order 
                        of temporary reinstatement or preliminary order 
                        for relief and files such objections and 
                        request for a hearing not later than 30 days 
                        after receiving notification of such 
                        preliminary order; or
                            (ii) if the Secretary has not issued a 
                        decision under paragraph (5) within 30 days of 
                        the receipt of the complaint.
                The filing of objections under clause (i) shall not 
                operate to stay any reinstatement remedy contained in a 
                preliminary order issued pursuant to either paragraph 
                (4) or paragraph (6).
                    (B) Procedures.--Such hearing request shall be 
                granted, and shall be conducted expeditiously and in 
                accordance with the Federal Rules of Civil Procedure. 
                In conducting such proceeding, the Secretary may issue 
                subpoenas requiring the deposition of or the attendance 
                and testimony of witnesses and the production of any 
                evidence, including any books, papers, or documents, 
                relating to the matter under consideration. A decision 
                issued in accordance with the criteria set forth in 
                subsection (d)(2), shall be issued not later than 90 
                days after the date on which a hearing was requested 
                under this paragraph. The parties and the Secretary 
                shall promptly be notified of the decision. If the 
                administrative law judge find that a violation of 
                section 102(a) has occurred, the judge shall issue a 
                preliminary order providing the relief prescribed by 
                paragraph (10). If review under paragraph (8) is not 
                timely requested, such preliminary order shall be 
                deemed a final order of the Secretary that is not 
                subject to judicial review.
            (8) Further administrative review.--Not later than 10 days 
        after the date of notification of a decision by an 
        administrative law judge under paragraph (7), the complainant 
        or the responsible party alleged to have committed a violation 
        of section 102(a) may file objections to specified portions 
        thereof and request a further review by the Secretary. The 
        Secretary shall have discretion as to whether to grant such a 
        review and shall be limited to determining whether the decision 
        of the administrative law judge was based upon substantial 
        evidence. If review is granted, the decision of the 
        administrative law judge shall be stayed pending the completion 
        of further review, except for any order of reinstatement which 
        shall be stayed only upon motion. The final decision and order 
        of the Secretary shall be issued not later than 30 days after 
        the administrative law judge issues a decision. If judicial 
        review under paragraph (11) is not timely requested, such 
        preliminary order shall be deemed a final order of the 
        Secretary that is not subject to judicial review.
            (9) Settlement.--At any time before issuance of a final 
        order, a proceeding under this subsection may be terminated on 
        the basis of a settlement agreement entered into by the 
        Secretary, or administrative law judge conducting a hearing, 
        the complainant, and the responsible party alleged to have 
        committed the violation. The Secretary or administrative law 
        judge conducting a hearing may not accept any settlement that 
        contains conditions that are contrary to the public policy of 
        this title, including any restrictions or activity protected by 
        this Act, and the right to seek future employment without 
        discrimination prohibited by this Act.
            (10) Remedy.--If, in response to a complaint filed under 
        subsection (a)(1), the Secretary of Labor determines that a 
        violation of section 102(a) has occurred, the Secretary shall 
        order the responsible party who committed such violation to--
                    (A) take affirmative action to abate the violation;
                    (B) reinstate the complainant to his or her former 
                position and with the same seniority status together 
                with the compensation (including back pay and interest) 
                and restore the terms, rights, conditions, and 
                privileges associated with his or her employment, and 
                provide preference to the complainant to transfer to 
                any available position that provides equivalent or 
                better compensation, terms, conditions and privileges 
                of employment for which the complainant is qualified;
                    (C) provide compensatory damages and consequential 
                damages to the complainant, including relief for 
                emotional distress and harm to reputation, and may 
                include punitive damages;
                    (D) expunge all warnings, reprimands or derogatory 
                references that have been placed in paper or electronic 
                records or databases of any type relating to the 
                actions by the complainant that gave rise to the 
                unfavorable personnel action, and, at the complainant's 
                direction, send a copy of the decision on the complaint 
                to any person whom the complainant reasonably believes 
                may have received such unfavorable information; and
                    (E) post appropriate public notice of the 
                violation.
        If such an order is issued under this paragraph, the Secretary, 
        at the request of the complainant, shall assess against the 
        responsible party against whom the order is issued a sum equal 
        to the aggregate amount of all costs and expenses (including 
        attorneys' and expert witness fees) reasonably incurred, as 
        determined by the Secretary, by the complainant for, or in 
        connection with, the bringing the complaint upon which the 
        order was issued.
            (11) Inaction by the secretary.--Notwithstanding subsection 
        (a), if the Secretary has not issued a final decision within 
        180 days of the filing of the complaint, the complainant may 
        bring an action at law or equity for de novo review in the 
        appropriate district court of the United States, as described 
        in subsection (c), which shall have jurisdiction over such an 
        action without regard to the amount in controversy, and which 
        action shall, at the request of either party to such action, be 
        tried by the court with a jury.
            (12) Judicial review.--
                    (A) Appeal to court of appeals.--Any complainant or 
                responsible party adversely affected or aggrieved by a 
                final order issued under this subsection for which 
                review is available, may obtain review of the order in 
                the United States Court of Appeals for the circuit in 
                which the violation, with respect to which the order 
                was issued, allegedly occurred or the circuit in which 
                the complainant resided on the date of such violation. 
                The petition for review must be filed not later than 60 
                days after the date the final order of the Secretary 
                was received. Review shall conform to chapter 7 of 
                title 5, United States Code. The commencement of 
                proceedings under this subparagraph shall not, unless 
                ordered by the court, operate as a stay of the order.
                    (B) Limitation on collateral attack.--An order of 
                the Secretary with respect to which review could have 
                been obtained under subparagraph (A) shall not be 
                subject to judicial review in any criminal or other 
                civil proceeding.
            (13) Enforcement of order.--Whenever any responsible party 
        has failed to comply with a final order issued under this 
        subsection, including a final order for temporary relief, the 
        Secretary or the complainant on whose behalf the order was 
        issued may file a civil action in the United States district 
        court for the district in which the violation was found to 
        occur to enforce such order. If both the Secretary and the 
        person on whose behalf the order was issued file such an action 
        for enforcement, the action of the Secretary shall take 
        precedence. In actions brought under this paragraph, the 
        district courts shall have jurisdiction to grant all 
        appropriate relief including, injunctive relief, compensatory 
        damages, and reasonable attorneys and expert witness fees. In 
        addition to enforcing the order, the court shall assess a 
        penalty of not greater than $10,000 a month against any person 
        who fails to comply with a final order issued under this 
        subsection, which shall be awarded to the party seeking 
        enforcement.
    (c) District Court Procedure.--
            (1) Notification.--Upon receipt of a complaint brought 
        under subsection (a)(1)(B) or (b)(11), the court shall provide 
        prompt notice to the appropriate public body of any protected 
        information referenced in the complaint of a violation of 
        section 102(a), but the public body shall have no standing to 
        participate in any way in the proceeding nor shall its failure 
        to take action be considered by the court.
            (2) Summary judgment.--The Court shall summarily dismiss a 
        complaint filed under this title based upon the criteria set 
        forth in paragraph (d)(1).
            (3) Temporary relief.--If the complaint is not dismissed by 
        summary judgment, the court shall, upon request, issue a 
        preliminary order providing for temporary reinstatement of the 
        complainant.
            (4) Decision.--The complainant in a case brought under 
        subsection (a)(1)(B) or (b)(11) shall be entitled to a trial by 
        jury. The jury or the court shall determine whether a violation 
        of section 102(a) has occurred based upon the criteria set 
        forth in paragraph (d)(2).
            (5) Relief.--The Court shall have jurisdiction to grant all 
        appropriate relief to a whistleblower available by law or 
        equity, including, injunctive relief, compensatory and 
        consequential damages, punitive damages, reasonable attorneys 
        and expert witness fees, and court costs.
    (d) Criteria for Dismissal and for Decision.--
            (1) Dismissal.--The Secretary, administrative law judge, or 
        the court shall dismiss a complaint filed under this section 
        unless the complainant makes a prima facie showing that any 
        behavior described in paragraphs (1) through (5) of section 
        102(a) was a contributing factor in the unfavorable personnel 
        action alleged in the complaint. The complainant will be 
        considered to have made such a showing if the complaint, on its 
        face, supplemented as appropriate through interviews, 
        depositions, or affidavit of the complainant, alleges the 
        existence of facts and either direct or circumstantial evidence 
        to meet the required showing.
            (2) Decision.--The Secretary, administrative law judge, or 
        a court may determine that a violation of section 102(a) has 
        occurred only if the complainant demonstrates that any behavior 
        described in paragraphs (1) through (5) of section 102(a) was a 
        contributing factor in the unfavorable personnel action alleged 
        in the complaint. Relief may not be ordered if the responsible 
        party demonstrates by clear and convincing evidence that the 
        responsible party would have taken the same unfavorable 
        personnel action in the absence of the behavior described in 
        paragraphs (1) through (5) of section 102(a).

SEC. 104. RESTRICTIONS ON WHISTLEBLOWING PROHIBITED; CONFIDENTIALITY OF 
              WHISTLEBLOWER.

    (a) Restrictions on Reporting Prohibited; Invalid Contract 
Clauses.--No responsible party shall by contract, policy, or procedure 
prohibit or restrict any person from engaging in any action for which a 
protection against discrimination or retaliation is provided under 
section 102. Any clause or provision of any contract for employment or 
contract with an independent contractor for the provision of services 
which purports to limit or restrain an individual from engaging in any 
of the actions described in paragraphs (1) through (5) of section 3(a) 
as a condition of employment or a condition of the contract, whether in 
force before, on, or after the date of enactment of this title, shall 
be invalid and void as violative of public policy as established by 
this title.
    (b) Restrictions on Relief Provided Under This Act Prohibited; 
Invalid Arbitration Clauses.--
            (1) Protection of procedural rights.--Notwithstanding any 
        other provision of law, any clause of any agreement between an 
        responsible party and a whistleblower that requires arbitration 
        of a claim arising under this title, whether in force before, 
        on or after the date of enactment of this Act, shall not be 
        enforceable.
            (2) Exceptions.--
                    (A) Waiver or consent after claim arises.--
                Paragraph (1) shall not apply with respect to any claim 
                if, after such claim arises, the parties involved 
                voluntarily consent to submit such claim to 
                arbitration.
                    (B) Collective bargaining agreements.--Paragraph 
                (1) shall not preclude the enforcement of any of the 
                rights or terms of a valid collective bargaining 
                agreement.
    (c) Confidentiality.--The identity or identifying information of a 
whistleblower who complains or discloses information as described in 
section 102(a) to a public body shall remain confidential and shall not 
be disclosed by any person except--
            (1) upon the knowing written consent of the whistleblower;
            (2) in the case in which there is imminent danger to health 
        or public safety or an imminent violation of criminal law; or
            (3) as otherwise required by law.
An employee of a public body shall provide reasonable advance notice to 
the affected employee if disclosure of that person's identity or 
identifying information is to occur. An employee of a public body who 
discloses the identity of a whistleblower in violation of this 
subsection shall be considered to be acting outside such employee's 
official duties.

SEC. 105. NONPREEMPTION.

    (a) Effect on Other Laws.--Nothing in this title shall be construed 
to preempt any law, rule, or regulation of a State or political 
subdivision of a State and nothing in this title shall be construed or 
interpreted to impair or diminish in any way the authority of any State 
to enact and enforce any law which provides equivalent or greater 
protections for whistleblowers covered under this title.
    (b) Rights Retained by Whistleblowers.--Except as provided in 
section 103(b)(2)(A), nothing in this title shall be construed to 
diminish the rights, privileges, or remedies of any whistleblower under 
any Federal or State law, or under any collective bargaining agreement.

SEC. 106. EFFECTIVE DATE AND RULES.

    This title shall take effect on the date of enactment of this Act, 
and the procedures described in section 103 shall apply to complaints 
and actions filed under this title after such date of enactment. The 
Secretary shall establish interim final rules to implement this title 
within 60 days of such date of enactment. The time periods for 
processing complaints shall start once such interim rules are in 
effect.

               TITLE II--WHISTLEBLOWER PROTECTION OFFICE

SEC. 201. ESTABLISHMENT.

    (a) Establishment and Purpose.--There is established within the 
Employment Standards Administration of the Department of Labor the 
Whistleblower Protection Office, in the title referred to as ``the 
Office'', to administer the duties of the Secretary under title I and 
any duties assigned to the Secretary under the provisions of law 
referred to by section 202, other than duties involving hearings and 
subsequent review and legal representation which may be assigned to 
other offices and agencies within the Department of Labor.
    (b) Administrator.--The Whistleblower Protection Office shall be 
under the direction of an Administrator of Whistleblower Protection, 
referred to in this title as ``the Administrator'', who shall be 
appointed by the President with the advice and consent of the Senate.
    (c) Appointment of Personnel.--
            (1) Appointment and compensation.--The Administrator may, 
        subject to the civil service laws, appoint such employees as 
        the Administrator considers necessary to carry out the 
        functions and duties of the Office, and shall fix their 
        compensation in accordance with the provisions of chapter 51 
        and subchapter III of chapter 53 of title 5, United States 
        Code.
    (d) Transfer of Personnel; Budget.--
            (1) In general.--Beginning not later than the effective 
        date of this title, the functions of the Secretary under any of 
        the provisions of law referred to in section 202 shall be 
        carried out by the Administrator.
            (2) Budgets, personnel, etc.--All unexpended balances of 
        appropriations, personnel, property, records, obligations, and 
        commitments which are used primarily with respect to any 
        functions transferred under the provisions of paragraph (1) to 
        the Administrator shall be transferred to the Office, as 
        appropriate. The transfer of personnel pursuant to this 
        paragraph shall be without reduction in classification or 
        compensation for 1 year after such transfer, except that the 
        Administrator shall have full authority to assign personnel 
        during such 1-year period in order to efficiently carry out 
        functions transferred to the Administrator under this title.
            (3) Continuation.--All orders, decisions, determinations, 
        rules, and regulations, (A) which have been issued, made, 
        granted, or allowed to become effective in the exercise of 
        functions which are transferred under this subsection; and (B) 
        which are in effect at the time this section takes effect, 
        shall continue in effect according to their terms until 
        modified, terminated, superseded, set aside, revoked, or 
        repealed by the Secretary, the Administrator, or other 
        authorized officials, by any court of competent jurisdiction, 
        or by operation of law. The provisions of this subsection shall 
        not affect any proceedings pending at the time this title takes 
        effect. The provisions of this section shall not affect suits 
        commenced prior to the date this section takes effect and in 
        all such suits proceedings shall be had, appeals taken, and 
        judgments rendered, in the same manner and effect as if this 
        section had not been enacted.
    (e) Principal Office.--The principal location of the Office shall 
be in the District of Columbia, but the Administrator or a duly 
authorized representative may exercise any or all of the 
Administrator's powers in any place.

SEC. 202. OTHER PRIVATE SECTOR WHISTLEBLOWER PROTECTIONS.

    Notwithstanding any other provision of law, the following 
provisions of law shall, after the effective date of this title, be 
administered in accordance with this title:
            (1) Sections 20209, 31105, 42121, and 60129 of title 49, 
        United States Code.
            (2) Section 211 of the Asbestos Hazard Emergency Response 
        Act of 1986 (15 U.S.C. 2651).
            (3) Section 7 of the International Safe Container Act (46 
        App. U.S.C. 1506).
            (4) Section 1450 of the Safety Drinking Water Act of 1974 
        (42 U.S.C. 300j-9i).
            (5) Section 507 of the Federal Water Pollution Control Act, 
        Amendments of 1972 (33 U.S.C. 1367).
            (6) Section 23(a)(1) through (3) of the Toxic Substances 
        Control Act (15 U.S.C. 2622).
            (7) Section 7001 of the Solid Waste Disposal Act of 1976 
        (42 U.S.C. 6971).
            (8) Section 322 of the Clean Air Act, amendments of 1977 
        (42 U.S.C. 7622).
            (9) Section 10 of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9610).
            (10) Section 211 of the Energy Reorganization Act of 1978 
        (42 U.S.C. 5851).
            (11) Section 806 of the Sarbanes-Oxley Act of 2002 (18 
        U.S.C. 1514A).
            (12) Section 1413 of the Implementing Recommendations of 
        the 9/11 Commission Act of 2007 (P.L. 110-53).

SEC. 203. DUTIES, POWERS AND FUNCTIONS.

    (a) Subpoenas, Evidence, and Testimony.--In carrying out its duties 
under title I of this Act or under any of the provisions of law 
referred to by section 202, the Administrator may issue subpoenas 
requiring the deposition of or the attendance and testimony of 
witnesses and the production of any evidence, including any books, 
papers, or documents, relating to any matter under investigation by the 
Commission, or required in connection with a hearing.
    (b) Rules.--The Secretary is authorized to prescribe such rules as 
are necessary for the orderly transaction of the proceedings of the 
Office and for the implementation of the programs of the Office.
    (c) Effective Date.--The Administrator shall begin to carry out the 
duties and exercise the powers set forth in this title on the date that 
is 1 year after the date of enactment of this Act, or such earlier date 
as the Secretary may determine that the Office is sufficiently 
established, staffed, and funded.
    (d) Annual Reports.--The Administrator shall annually transmit a 
report to Congress detailing the activities of the Office during the 
previous year, including information relating to the number and nature 
of complaints filed, the number of merit and non-merit cases, the 
number of such complaints disposed of without investigation due to 
specific procedural issues, investigations conducted, orders issued, 
and statistics related to settlements . In addition, the Administrator 
shall annually make available the full text of all settlements approved 
by the Office, following the elimination of all personal identifying 
information about the claimant, the employer, and any other party, and 
no settlement approved by the Office may prohibit disclosure in such a 
manner.
    (e) Study on Intimidation of Whistleblowers.--Not later than 6 
months after the effective date of this title, the Administrator shall 
request the National Academies to conduct a study of intimidation faced 
by those in the private sector who blow the whistle on violations of 
law or accepted standards of practice established by public bodies. The 
study shall consider the role played by a belief that whistleblowing 
will not make any difference, fear of retaliation, cultural factors, 
distrust of the government, lack of information or misinformation about 
employee rights, deficiencies in such rights or in the practical 
ability to seek relief for violation thereof, and such other factors as 
may be relevant. The study shall include recommendations for addressing 
such issues. The Administrator shall transmit the study, including any 
further recommendations of the Administrator, to Congress not later 
than 90 days after the receipt of the study.

                    TITLE III--CONFORMING AMENDMENTS

SEC. 301. OCCUPATIONAL SAFETY AND HEALTH ACT.

    Section 11(c) of the Occupational Safety and Health Act (29 U.S.C. 
660(c)) is amended--
            (1) by striking the period at the end of paragraph (1) and 
        inserting the following: ``, including reporting any injury, 
        illness, or unsafe condition to the employer, agent of the 
        employer, safety and health committee involved, or employee 
        safety and health representative involved. No person shall 
        discharge or in any manner discriminate against an employee for 
        refusing to perform the employee's duties if the employee has a 
        reasonable apprehension that performing such duties would 
        result in serious injury to, or serious impairment of the 
        health of, the employee or other employees. The circumstances 
        causing the employee's apprehension of serious injury or 
        serious impairment of health shall be of such a nature that a 
        reasonable person, under the circumstances confronting the 
        employee, would conclude that there is a bona fide danger of a 
        serious injury, or serious impairment of health, resulting from 
        the circumstances. In order to qualify for protection under 
        this paragraph, the employee, when practicable, shall have 
        sought from the employee's employer, and have been unable to 
        obtain, a correction of the circumstances causing the refusal 
        to perform the employee's duties.''; and
            (2) by striking paragraphs (2) and (3), and inserting the 
        following:
            ``(2) Any employee who believes that he or she has been 
        discharged or otherwise discriminated against by any person in 
        violation of this subsection may file a complaint with the 
        Secretary of Labor, or bring a civil action at law or equity in 
        Federal court. The Secretary shall receive, process, 
        investigate, and attempt to resolve and remedy complaints of 
        violations of paragraph (1) in the same manner that the 
        Secretary receives, processes, investigates, and attempts to 
        resolve and remedy complaints of violations of section 102(a) 
        of the Whistleblower Protection Streamlining Act of 2007. A 
        civil action brought under this subsection shall be governed 
        under the rules and procedures set forth in section 103 of such 
        Act.''.

SEC. 302. FEDERAL MINE SAFETY AND HEALTH ACT.

    Section 105(c) of the Federal Mine Safety and Health Act of 1977 ( 
30 U.S.C. 815(c)) is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``or an injury or illness in a 
                coal or other mine or that may be associated with mine 
                employment,'' after ``of an alleged danger or safety or 
                health violation in a coal or other mine,''; and
                    (B) by adding at the end the following: ``No miner 
                shall be required to work under conditions he has 
                reasonable grounds to believe to be abnormally and 
                immediately dangerous to himself beyond the normal 
                hazards inherent in the operation which could 
                reasonably be expected to cause death of serious 
                physical harm before such condition or practice can be 
                abated.'';
            (2) in paragraph (2), by inserting after the fifth sentence 
        the following: ``No investigation or hearing authorized by this 
        paragraph may be stayed to await resolution of a related 
        grievance proceeding.''; and
            (3) by adding at the end the following:
    ``(4) In lieu of initiating an action pursuant to paragraph (2), or 
if a complaint under paragraph (2) is not decided within 180 days, any 
miner or applicant for employment or representative of miners who 
believes that he has been discharged, interfered with, or otherwise 
discriminated against by any person in violation of this subsection may 
bring an action at law or equity in the appropriate district court of 
the United States. Such civil action shall be governed under the rules 
and procedures set forth in section 103 of the Whistleblower Protection 
Streamlining Act of 2007.''.
                                 <all>