[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6409 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6409

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 13, 2012

  Ms. Woolsey (for herself, Mr. George Miller of California, and Mr. 
   Kildee) introduced the following bill; which was referred to the 
   Committee on Education and the Workforce, and in addition to the 
Committees on the Judiciary and Energy and Commerce, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Private Sector 
Whistleblower Protection Streamlining Act of 2012''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
      TITLE I--PRIVATE SECTOR EMPLOYMENT WHISTLEBLOWER PROTECTIONS

Sec. 101. Definitions.
Sec. 102. Protection against retaliation or discrimination.
Sec. 103. Enforcement.
Sec. 104. Restrictions on whistleblowing prohibited; confidentiality of 
                            whistleblower.
Sec. 105. Nonpreemption.
Sec. 106. Effective date and rules.
               TITLE II--WHISTLEBLOWER PROTECTION OFFICE

Sec. 201. Establishment.
Sec. 202. Other private sector whistleblower protections.
Sec. 203. Duties, powers, and functions.
                    TITLE III--CONFORMING AMENDMENTS

Sec. 301. Occupational Safety and Health Act of 1970.
Sec. 302. Federal Mine Safety and Health Act.
Sec. 303. Amendment to title 18 provisions related to the Sarbanes-
                            Oxley Act of 2002.
Sec. 304. Energy Reorganization Act of 1974.
                 TITLE IV--ADMINISTRATIVE REVIEW BOARD

Sec. 401. Administrative Review Board.

      TITLE I--PRIVATE SECTOR EMPLOYMENT WHISTLEBLOWER PROTECTIONS

SEC. 101. DEFINITIONS.

    As used in this title, the following definitions apply:
            (1) Applicable law.--
                    (A) In general.--Subject to subparagraph (B), the 
                term ``applicable law'' means any Federal law, rule, 
                regulation, or Executive order, or a law, rule or 
                regulation of a State or political subdivision of a 
                State implementing any Federal law, rule or regulation, 
                relating to--
                            (i) health and health care;
                            (ii) environmental protection and resource 
                        management;
                            (iii) food and drug safety (including 
                        relating to the production, manufacturing, and 
                        product safety of pharmaceuticals, medical 
                        devices, and agricultural products);
                            (iv) transportation (including maritime);
                            (v) working conditions and benefits 
                        (including social insurance such as workers 
                        compensation and unemployment insurance);
                            (vi) building and construction-related 
                        requirements, including safety requirements, 
                        structural and engineering standards, and 
                        building codes;
                            (vii) energy production, transportation, 
                        storage, security, safety, and use (including 
                        operations on the outer Continental Shelf (as 
                        defined in section 2 of the Outer Continental 
                        Shelf Lands Act (43 U.S.C. 1331)));
                            (viii) homeland security;
                            (ix) financial services (including banking, 
                        insurance, accounting, commodities, and 
                        securities);
                            (x) consumer protection (including consumer 
                        product safety);
                            (xi) education;
                            (xii) antitrust, copyright, or patent;
                            (xiii) transactions involving the Federal 
                        Government or use of Federal funds for grants, 
                        contracts, cooperative agreements, or program 
                        payments (including laws pertaining to fraud, 
                        waste, or abuse);
                            (xiv) the assessment, collection, or any 
                        other action regarding royalties, customs 
                        duties, tariffs, taxes, or any other sources of 
                        revenue due the Federal Government or its 
                        entities; or
                            (xv) communications and telecommunications.
                    (B) Exceptions and exclusions.--Notwithstanding 
                subparagraph (A), the following Federal laws, rules, 
                and regulations shall not be considered applicable laws 
                for purposes of this Act:
                            (i) Civil rights laws administered by the 
                        Equal Employment Opportunity Commission that 
                        provide anti-retaliation protections for 
                        employees exercising their rights under such 
                        laws.
                            (ii) Whistleblower Protection Act (5 U.S.C. 
                        1201 note) and laws administered by the Merit 
                        Systems Protection Board.
                            (iii) Federal laws, rules, or regulations 
                        that provide employees with the following 
                        minimum anti-retaliation protections:
                                    (I) At least 180 days to file a 
                                complaint.
                                    (II) A right to investigation and 
                                adjudication by an independent hearing 
                                officer, and an appeal to either an 
                                administrative or judicial body.
                                    (III) A right to a decision within 
                                365 days of filing a complaint.
                                    (IV) A right to remove to Federal 
                                or State court any complaint that has 
                                not received a decision after 210 days 
                                from the filing of such complaint.
                                    (V) A right to appropriate relief, 
                                including injunctive relief, 
                                compensatory and exemplary damages, 
                                attorneys and experts fees, and costs.
            (2) Employee.--The term ``employee'' means--
                    (A) any person receiving compensation from or whose 
                employment is subject to the control of an employer, 
                being considered for employment by the employer, or 
                previously employed by an employer, including any 
                person working as an associate;
                    (B) a person employed on a temporary or part-time 
                basis;
                    (C) a person employed by a contractor or 
                subcontractor of an employer; or
                    (D) a member of a professional membership 
                organization or other professional body (including 
                professional with institutional privileges or 
                appointments to an organization).
            (3) Employer.--The term ``employer'' means one or more 
        individuals, partnerships, associations, corporations, legal 
        representatives, mutual companies, joint-stock companies, 
        trusts, unincorporated organizations, nongovernmental 
        organizations, trustees, professional membership organizations 
        (including a certification, disciplinary, or other professional 
        body), including the agents of the employer or a person acting 
        directly or indirectly in the interests of the employer, 
        engaged in for profit or nonprofit business affecting commerce, 
        including any subsidiaries, affiliates, and 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.
            (4) Manager.--The term ``manager'' means any person who has 
        direct, implied, apparent authority over the work performance 
        of an employee, or other supervisory relationship, 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.
            (5) Media.--The term ``media'' includes a member of the 
        print, radio, television, or internet media.
            (6) Protected information.--The term ``protected 
        information'' means any information that an employee reasonably 
        believes evidences--
                    (A) a violation or the intent to commit a violation 
                by 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 in connection 
                with the implementation of or compliance with an 
                applicable law or a standard of practice established by 
                a professional standards setting body.
            (7) 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.
            (8) Reasonable cause to believe.--The term ``reasonable 
        cause to believe'', when used with respect to a temporary 
        reinstatement of a complaint, means that a claim in the 
        complaint appears to have merit.
            (9) Reasonably believes.--The term ``reasonably believes'', 
        when used 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 an 
        employee could conclude that such information is protected 
        information.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (11) Unfavorable personnel action.--The term ``unfavorable 
        personnel action'' means any action or inaction, whether taken, 
        recommended, or threatened, directly or indirectly unfavorable 
        to an employee, or the parent, sibling, spouse, or child of an 
        employee, by any employer, including the current employer of 
        the employee, 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 
        employee, or any other conduct that would dissuade a reasonable 
        person from engaging in activities protected by this title.

SEC. 102. PROTECTION AGAINST RETALIATION OR DISCRIMINATION.

    (a) In General.--No employer shall take any unfavorable personnel 
action against an employee 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 employee 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 employee's 
        duties, to an employer or manager, public body, or the media, 
        or to the public, any protected information, where disclosure 
        is not specifically 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 employee 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 employee 
        reasonably believes is or would be in violation of an 
        applicable law or endangers the safety or health of the 
        employee or others;
            (4) inform or discuss with co-workers of the employee, 
        experts or corroborating witnesses, a representative of the 
        employee, a safety and health or similar workplace committee, 
        or a family member of the employee, any protected information, 
        where disclosure is not prohibited by law or because it is 
        classified; or
            (5) otherwise avail the employee of the rights set forth in 
        this title or other applicable law, or assist another employee 
        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 should be construed broadly 
to maximize this Act's remedial objectives.

SEC. 103. ENFORCEMENT.

    (a) Complaint.--
            (1) In general.--Subject to paragraph (2), an employee who 
        believes that he or she has been subjected to an unfavorable 
        personnel action by his or her employer in violation of section 
        102(a) may seek the relief described in this section by filing 
        a complaint with the Secretary as described in subsection (b) 
        not later than 180 days after the later of--
                    (A) the date on which such violation occurs, or in 
                the case of a violation that is a repeated violation, 
                the last date on which such violation occurs; or
                    (B) the date on which the employee knows or should 
                reasonably have known that such violation occurred, or 
                in the case of a violation that is a repeated 
                violation, the last date on which the employee knows or 
                should reasonably have known that such violation 
                occurred.
            (2) Deadline exceptions.--Notwithstanding paragraph (1), a 
        complaint filed after the filing deadlines set forth in such 
        paragraph shall not deny the Secretary, administrative law 
        judge, or review board, as applicable, jurisdiction of such 
        complaint. The filing deadlines set forth in paragraph (1) may 
        be tolled by mutual agreement between the employee seeking to 
        file a complaint under this section and that employee's 
        employer.
    (b) Department of Labor Complaint Procedure.--The Secretary shall 
establish appropriate procedures to ensure complaints under this 
section are processed efficiently, which shall provide for the 
following:
            (1) Notification of public body.--Upon determining that the 
        allegations made in a complaint under this section are credible 
        and prior to notifying an employer of the complaint, the 
        Secretary shall--
                    (A) notify the appropriate public body having 
                jurisdiction over the violations of applicable law 
                raised in the complaint; and
                    (B) if appropriate, coordinate with the appropriate 
                public body having jurisdiction regarding an 
                enforcement inspection.
            (2) Election of procedure; exclusion.--
                    (A) Information to complainant.--Upon receipt of a 
                complaint under this section, the Secretary shall 
                inform the complainant (or any legal counsel retained 
                by complainant) of any authority that the Secretary has 
                that may be applicable to the complainant's situation.
                    (B)  Efficiency of proceedings.--The Secretary 
                shall establish procedures to prevent duplicative 
                investigations actions brought under this title and any 
                provision of law listed in section 202. Such procedures 
                shall not limit a complainant's ability to bring a 
                complaint under authorities covering conduct not 
                protected under this title, nor a complainant's right 
                to proceed under any authority providing greater 
                coverage, due process protections, statute of 
                limitations, or remedies.
                    (C) Amendments to complaints.--The Secretary shall 
                establish rules and procedures to allow complainants to 
                amend their complaints, which shall extend the period 
                of time for the Secretary to issue a decision as 
                necessary.
            (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 
                and inform the complainant of his or her right to 
                request a hearing under subparagraph (7) and the 
                process for filing such a request.
            (4) Temporary relief during investigation.--The Secretary 
        shall, upon request of a complainant, determine, for the 
        purposes of issuing a temporary reinstatement order described 
        in this paragraph, whether there is reasonable cause to believe 
        that the complainant's complaint makes a prima facie showing 
        that any conduct described in paragraphs (1) through (5) of 
        section 102(a) was a contributing factor in the unfavorable 
        personnel action alleged in the complaint. If the Secretary 
        determines that there is reasonable cause to believe that the 
        complaint makes a prima facie showing, the Secretary shall 
        issue a temporary reinstatement order for 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 order shall be deemed a final order that is 
        not subject to judicial review during the pendency of the 
        complainant's administrative or judicial investigation, 
        hearing, or appeal. Upon a determination by the Secretary that 
        the respondent is not liable for retaliation under this title, 
        such reinstatement shall end.
            (5) Investigation.--The Secretary shall investigate any 
        complaint not dismissed under paragraph (3). Before dismissing 
        such a complaint based on the inadequacy of the complaint, the 
        Secretary shall make a good faith effort to interview the 
        complainant to determine whether he or she has a claim. The 
        Secretary shall afford the employer (in this subsection 
        referred to as the ``respondent'') 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 and other 
        evidence. The complainant shall be provided an opportunity to 
        meet with a representative of the Secretary and rebut any 
        statements or evidence provided to the Secretary by the 
        respondent 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 90 days after the date of receipt of a 
        complaint. The Secretary shall notify, in writing, the 
        complainant and the respondent 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 
                respondent may request a hearing on the record before 
                an administrative law judge--
                            (i) if the complainant or the respondent 
                        objects to a temporary reinstatement order 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;
                            (ii) if the complainant requests a hearing 
                        not later than 30 days after receiving notice 
                        of the Secretary's dismissal of his or her 
                        complaint; or
                            (iii) if the Secretary has not issued a 
                        decision under paragraph (5) within 90 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 
                temporary reinstatement order issued pursuant to 
                paragraph (4) or a preliminary order issued pursuant to 
                paragraph (6).
                    (B) Procedures.--Such hearing request shall be 
                granted, and shall be conducted expeditiously and in 
                accordance with the section 554 of title 5, United 
                States Code. 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 finds 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 30 days 
        after the date of notification of a decision by an 
        administrative law judge under paragraph (7), the complainant 
        or the respondent alleged to have committed a violation of 
        section 102(a) may file objections to specified portions 
        thereof and request a further review by an administrative 
        review board designated by the Secretary under title IV (in 
        this section referred to as the ``review board''). The review 
        board's review shall be limited to determining whether the 
        decision of the administrative law judge was based upon 
        substantial evidence and in accordance with all applicable law. 
        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. If 
        review is granted, the review board shall issue a final 
        decision and order affirming or reversing, in whole or in part, 
        the decision under review by not later than 90 days after 
        receipt of the administrative appeal. If it is determined that 
        a violation of section 102 has occurred, the review board shall 
        issue a final decision and order providing relief authorized 
        under paragraph (10). Such decision and order shall constitute 
        final agency action with respect to the matter appealed. If 
        judicial review under paragraph (12) 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 approved by the Secretary, 
        administrative law judge, or review board conducting a hearing, 
        the complainant, and the employer alleged to have committed the 
        violation. The Secretary, administrative law judge, or review 
        board conducting a hearing may not accept any settlement that 
        contains conditions that are contrary to the public policy of 
        this title, including any restrictions on activity protected by 
        this Act, and the right to seek future employment with an 
        employer other than a specific employer named in the underlying 
        complaint without discrimination.
            (10) Remedy.--If, in response to a complaint filed under 
        subsection (a)(1), the Secretary, administrative law judge, or 
        the review board determines that a violation of section 102(a) 
        has occurred, the Secretary, administrative law judge, or 
        review board shall order the respondent 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 all appropriate relief, including 
                injunctive relief, compensatory, and exemplary 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, 
        administrative law judge, or the review board, at the request 
        of the complainant, shall assess against the respondent 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, 
        administrative law judge, or the review board, by the 
        complainant for, or in connection with, the bringing the 
        complaint upon which the order was issued.
            (11) Enforcement of order.--Whenever any respondent 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.
            (12) Judicial review.--
                    (A) Appeal to court of appeals.--Any complainant or 
                respondent 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 shall be filed not later than 60 
                days after the date the final order of the Secretary, 
                administrative law judge, or the review board 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) Inaction by the secretary, administrative law judge, 
        or the review board.--If, after a hearing is requested pursuant 
        to paragraph (7) or a review is requested under paragraph (8), 
        the administrative law judge or the review board, respectively, 
        has not issued a final decision within 90 days after such 
        hearing or review is requested, 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.
    (c) District Court Procedure.--
            (1) Dismissal.--The court shall not dismiss under 
        subsection (b)(6) or (e) of rule 12 of the Federal Rules of 
        Civil Procedure a complaint filed under this section unless 
        there are no conceivable grounds upon which a complainant may 
        prevail.
            (2) Temporary relief.--The court shall, upon request of the 
        complainant, determine whether there is reasonable cause to 
        believe that the complainant makes the prima facie showing 
        described in subsection (b)(4), and if the court so determines, 
        issue an order providing for temporary reinstatement of the 
        complainant.
            (3) Decision.--The complainant in a case brought under 
        subsection (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).
            (4) Relief.--The Court shall have jurisdiction to grant all 
        appropriate relief to a prevailing complainant available by law 
        or equity, including, injunctive relief, compensatory and 
        consequential damages, exemplary damages, reasonable attorneys 
        and expert witness fees, and court costs, and notification to 
        the appropriate public body having jurisdiction over the 
        violations of applicable law raised by the complainant.
    (d) Criteria for Dismissal and for Decision.--
            (1) Dismissal.--The Secretary shall dismiss a complaint 
        filed under this section unless that complainant alleges facts 
        in the complaint, supplemented as appropriate through 
        interviews, affidavits, or other relevant evidence, which could 
        conceivably support a prima facie claim that conduct described 
        in paragraphs (1) through (5) of section 102(a) was a 
        contributing factor in the unfavorable personnel action alleged 
        in the complaint. The Secretary shall not dismiss a complaint 
        without interviewing a complainant and providing him or her the 
        opportunity to provide additional evidence in support of his or 
        her prima facie claim. An administrative law judge or the 
        review board may refer to the Secretary for further 
        investigation any appeal from the Secretary's dismissal in 
        which the administrative law judge or review board determines 
        the complainant alleges facts that could conceivably support 
        such a prima facie claim.
            (2) Decision.--The Secretary, administrative law judge, 
        administrative review board, or a court may determine that a 
        violation of section 102(a) has occurred only if the 
        complainant demonstrates that any conduct 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 respondent 
        demonstrates by clear and convincing evidence that the 
        respondent would have taken the same unfavorable personnel 
        action in the absence of the conduct 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 employer 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 
102(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.--Any clause of any agreement between an 
employer and an employee 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. An employee may not 
submit to binding arbitration of a claim arising under this title 
unless the employee's agreement is made after the employee becomes 
aware of an unfavorable personnel action and such agreement is made in 
direct contemplation of that specific unfavorable personnel action. No 
agreement, settlement, or decision reached in arbitration shall be 
enforced that violates the public policies established under this Act, 
including any restriction or activity protected by this Act.
    (c) Confidentiality.--The identity or identifying information of an 
employee (in this subsection referred to as the ``complainant'') 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 complainant;
            (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 
is grossly negligent in disclosing the identity of a complainant in 
violation of this subsection may 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 employees engaging in conduct protected 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 employee 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 120 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.--
            (1) In general.--There is established in the Department of 
        Labor the Whistleblower Protection Office (in this title 
        referred to as ``the Office'') to administer the duties of the 
        Secretary under title I, the provisions of law listed in 
        section 202 of this Act, section 11(c) of the Occupational 
        Safety and Health Act of 1970 (29 U.S.C. 660(c)), and the other 
        provisions of law assigned to the Office by the Secretary, 
        except that duties involving hearings and subsequent review and 
        legal representation shall not be assigned to the Office, but 
        may be assigned to other offices and agencies within the 
        Department of Labor.
            (2) Construction.--Nothing in this title shall in any way 
        remove or transfer the authorities currently under the 
        jurisdiction of the Mine Safety and Health Administration and 
        the Federal Mine Safety and Health Review Commission.
    (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. 
The Administrator's compensation shall be set at level IV of the 
Executive Schedule.
    (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) Budgets and personnel.--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.
            (2) 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) Coordination.--The Office shall, where appropriate, take all 
the steps necessary, including entering into memorandum of 
understanding, to coordinate investigation and adjudication of 
retaliation claims under this Act with the Occupational Safety and 
Health Administration and other appropriate public bodies having 
jurisdiction over the enforcement of the underlying violations of 
applicable law.
    (f) 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.

    (a) Provisions To Be Enforced in Accordance With This Act.--
Notwithstanding any procedures set forth in the following provisions of 
law, such provisions shall, after the effective date of this Act, be 
administered in accordance with this Act by the Office established by 
this title:
            (1) Sections 20109, 30171, 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 
        U.S.C. 1506).
            (4) Section 1450 of the Safe 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 40 of the Consumer Product Safety Act (15 
        U.S.C. 2087).
            (7) Section 23(a)(1) through (3) of the Toxic Substances 
        Control Act (15 U.S.C. 2622).
            (8) Section 7001 of the Solid Waste Disposal Act of 1976 
        (42 U.S.C. 6971).
            (9) Section 322 of the Clean Air Act, amendments of 1977 
        (42 U.S.C. 7622).
            (10) Section 10 of the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
        9610).
            (11) Section 211 of the Energy Reorganization Act of 1978 
        (42 U.S.C. 5851).
            (12) Section 806 of the Sarbanes-Oxley Act of 2002 (18 
        U.S.C. 1514A).
            (13) Section 1413 of the Implementing Recommendations of 
        the 9/11 Commission Act of 2007 (6 U.S.C. 1142).
            (14) Section 18C of the Fair Labor Standards Act of 1938 
        (29 U.S.C. 218C).
            (15) Section 21F of the Securities Exchange Act of 1934 (15 
        U.S.C. 78u-6).
            (16) Section 23 of the Commodity Exchange Act (7 U.S.C. 
        26).
            (17) The Seaman's Protection Act (46 U.S.C. 2114).
            (18) Section 1012 of the Federal Food, Drug, and Cosmetic 
        Act (21 U.S.C. 399d).
    (b) Clarification.--Any protections, rights, privileges, or 
remedies available to a covered employee under the provisions of law 
described in subsection (a), which are additional to and not 
inconsistent with those set forth in section 102, shall not be limited 
by subsection (a). To the extent that any such provisions are 
inconsistent with section 102, such provisions shall, at the request of 
a complainant, be given effect over any inconsistent provision in 
section 102.

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) Monitoring of Complaints Removed to Federal District Court.--
The Administrator shall review the decision in each action removed to a 
district court of the United States under section 103(b)(11) to 
determine whether an employer violated an applicable law, and upon 
determining that an applicable law was so violated, notify the 
appropriate public body having jurisdiction over the violation of the 
applicable law regarding such violation.
    (c) 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.
    (d) 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.
    (e) Annual Reports.--
            (1) Administrator.--The Administrator shall annually--
                    (A) 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, the number of complaints that 
                have not received an adjudication within the time 
                period required under this Act and the duration of the 
                delay for such complaints, investigations conducted, 
                orders issued, and statistics related to settlements; 
                and
                    (B) make available the full text of all settlements 
                approved by the Office, following the elimination from 
                such text of all personal identifying information about 
                the complainant, the employer, and any other party.
            (2) Approved settlements.--No settlement approved by the 
        Office may prohibit the disclosure described in paragraph 
        (1)(B).
    (f) Study on Transition to Whistleblower Protection Office.--
            (1) One year after enactment.--Not later than 6 months 
        after the date of enactment of this Act, the Comptroller 
        General shall initiate a review of the Secretary's progress in 
        establishing the Whistleblower Protection Office as required 
        under section 201, and not later than 1 year after such date of 
        enactment, provide a report to the Congress on the 
        effectiveness of the transition, including--
                    (A) whether existing funds, staff, information 
                systems, and authorities have been properly transferred 
                to the Office and make recommendations as necessary; 
                and
                    (B) the status of cases currently before the 
                Office, the progress made by the Office in eliminating 
                the current backlog of whistleblower cases, and the 
                plans of the Office for ensuring that the backlog is 
                eliminated.
            (2) Two years after enactment.--Not later than 2 years 
        after such date of enactment, the Comptroller General shall 
        report to Congress on--
                    (A) whether the Office's operational procedures 
                have been established, whether necessary regulations 
                have been promulgated, whether there are adequate 
                internal controls, whether program outcomes are being 
                effectively measured, whether previous recommendations 
                regarding this program have been effectively 
                implemented, whether investigative and supervisory 
                staff have received necessary training and equipment, 
                whether the Office is fulfilling its mission to fairly, 
                efficiently, and effectively investigate whistleblower 
                complaints, assure timely enforcement, and to fully 
                implement the statutory authorities assigned to the 
                Office; and
                    (B) the information described in paragraph (1)(B).

                    TITLE III--CONFORMING AMENDMENTS

SEC. 301. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970.

    (a) Employee Actions.--Section 11(c)(1) of the Occupational Safety 
and Health Act of 1970 (29 U.S.C. 660(c)(1)) is amended--
            (1) by striking ``discharge'' and all that follows through 
        ``because such'' and inserting the following: ``discharge or 
        cause to be discharged, or in any manner discriminate against 
        or cause to be discriminated against, any employee because--
            ``(A) such'';
            (2) by striking ``this Act or has'' and inserting the 
        following: ``this Act;
            ``(B) such employee has'';
            (3) by striking ``in any such proceeding or because of the 
        exercise'' and inserting the following: ``before Congress or in 
        any Federal or State proceeding related to safety or health;
            ``(C) such employee has refused to violate any provision of 
        this Act; or
            ``(D) of the exercise''; and
            (4) by inserting before the period at the end the 
        following: ``, including the reporting of 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''.
    (b) Prohibition of Retaliation.--Section 11(c) of such Act (29 
U.S.C. 660(c)) is amended by striking paragraph (2) and inserting the 
following:
            ``(2) Prohibition of retaliation.--(A) No person shall 
        discharge, or cause to be discharged, or in any manner 
        discriminate against, or cause to be discriminated 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.
            ``(B) For purposes of subparagraph (A), the circumstances 
        causing the employee's good-faith belief that performing such 
        duties would pose a safety or health hazard shall be of such a 
        nature that a reasonable person, under the circumstances 
        confronting the employee, would conclude that there is such a 
        hazard. In order to qualify for protection under this 
        paragraph, the employee, when practicable, shall have 
        communicated or attempted to communicate the safety or health 
        concern to the employer and have not received from the employer 
        a response reasonably calculated to allay such concern.''.
    (c) Procedure.--Section 11(c) of such Act (29 U.S.C. 660(c)) is 
amended by striking paragraph (3) and inserting the following:
            ``(3) Complaint.--Any employee who believes that the 
        employee has been discharged, disciplined, or otherwise 
        discriminated against by any person in violation of paragraph 
        (1) or (2) may seek relief for such violation by filing a 
        complaint with the Secretary under paragraph (5).
            ``(4) Statute of limitations.--
                    ``(A) In general.--An employee may take the action 
                permitted by paragraph (3)(A) not later than 180 days 
                after the later of--
                            ``(i) the date on which an alleged 
                        violation of paragraph (1) or (2) occurs; or
                            ``(ii) the date on which the employee knows 
                        or should reasonably have known that such 
                        alleged violation occurred.
                    ``(B) Repeat violation.--Except in cases when the 
                employee has been discharged, a violation of paragraph 
                (1) or (2) shall be considered to have occurred on the 
                last date an alleged repeat violation occurred.
            ``(5) Investigation.--
                    ``(A) In general.--An employee may, within the time 
                period required under paragraph (4)(B), file a 
                complaint with the Secretary alleging a violation of 
                paragraph (1) or (2). If the complaint alleges a prima 
                facie case, the Secretary shall conduct an 
                investigation of the allegations in the complaint, 
                which--
                            ``(i) shall include--
                                    ``(I) interviewing the complainant;
                                    ``(II) providing the respondent an 
                                opportunity to--
                                            ``(aa) submit to the 
                                        Secretary a written response to 
                                        the complaint; and
                                            ``(bb) meet with the 
                                        Secretary to present statements 
                                        from witnesses or provide 
                                        evidence; and
                                    ``(III) providing the complainant 
                                an opportunity to--
                                            ``(aa) receive any 
                                        statements or evidence provided 
                                        to the Secretary;
                                            ``(bb) meet with the 
                                        Secretary; and
                                            ``(cc) rebut any statements 
                                        or evidence; and
                            ``(ii) may include issuing subpoenas for 
                        the purposes of such investigation.
                    ``(B) Decision.--Not later than 90 days after the 
                filing of the complaint, the Secretary shall--
                            ``(i) determine whether reasonable cause 
                        exists to believe that a violation of paragraph 
                        (1) or (2) has occurred; and
                            ``(ii) issue a decision granting or denying 
                        relief.
            ``(6) Preliminary order following investigation.--If, after 
        completion of an investigation under paragraph (5)(A), the 
        Secretary finds reasonable cause to believe that a violation of 
        paragraph (1) or (2) has occurred, the Secretary shall issue a 
        preliminary order providing relief authorized under paragraph 
        (14) at the same time the Secretary issues a decision under 
        paragraph (5)(B). If a de novo hearing is not requested within 
        the time period required under paragraph (7)(A)(i), such 
        preliminary order shall be deemed a final order of the 
        Secretary and is not subject to judicial review.
            ``(7) Hearing.--
                    ``(A) Request for hearing.--
                            ``(i) In general.--A de novo hearing on the 
                        record before an administrative law judge may 
                        be requested--
                                    ``(I) by the complainant or 
                                respondent within 30 days after 
                                receiving notification of a decision 
                                granting or denying relief issued under 
                                paragraph (5)(B) or paragraph (6) 
                                respectively;
                                    ``(II) by the complainant within 30 
                                days after the date the complaint is 
                                dismissed without investigation by the 
                                Secretary under paragraph (5)(A); or
                                    ``(III) by the complainant within 
                                120 days after the date of filing the 
                                complaint, if the Secretary has not 
                                issued a decision under paragraph 
                                (5)(B).
                            ``(ii) Reinstatement order.--The request 
                        for a hearing shall not operate to stay any 
                        preliminary reinstatement order issued under 
                        paragraph (6).
                    ``(B) Procedures.--
                            ``(i) In general.--A hearing requested 
                        under this paragraph shall be conducted 
                        expeditiously and in accordance with rules 
                        established by the Secretary for hearings 
                        conducted by administrative law judges.
                            ``(ii) Subpoenas; production of evidence.--
                        In conducting any such hearing, the 
                        administrative law judge may issue subpoenas. 
                        The respondent or complainant may request the 
                        issuance of subpoenas that require the 
                        deposition of, or the attendance and testimony 
                        of, witnesses and the production of any 
                        evidence (including any books, papers, 
                        documents, or recordings) relating to the 
                        matter under consideration.
                            ``(iii) Decision.--The administrative law 
                        judge shall issue a decision not later than 90 
                        days after the date on which a hearing was 
                        requested under this paragraph and promptly 
                        notify, in writing, the parties and the 
                        Secretary of such decision, including the 
                        findings of fact and conclusions of law. If the 
                        administrative law judge finds that a violation 
                        of paragraph (1) or (2) has occurred, the judge 
                        shall issue an order for relief under paragraph 
                        (14). If review under paragraph (8) is not 
                        timely requested, such order shall be deemed a 
                        final order of the Secretary that is not 
                        subject to judicial review.
            ``(8) Administrative appeal.--
                    ``(A) In general.--Not later than 30 days after the 
                date of notification of a decision and order issued by 
                an administrative law judge under paragraph (7), the 
                complainant or respondent may file, with objections, an 
                administrative appeal with an administrative review 
                body designated by the Secretary under title IV of the 
                Private Sector Whistleblower Protection Streamlining 
                Act of 2012 (in this subsection referred to as the 
                `review board').
                    ``(B) Standard of review.--In reviewing the 
                decision and order of the administrative law judge, the 
                review board shall affirm the decision and order if it 
                is determined that the factual findings set forth 
                therein are supported by substantial evidence and the 
                decision and order are made in accordance with 
                applicable law.
                    ``(C) Decisions.--If the review board grants an 
                administrative appeal, the review board shall issue a 
                final decision and order affirming or reversing, in 
                whole or in part, the decision under review by not 
                later than 90 days after receipt of the administrative 
                appeal. If it is determined that a violation of 
                paragraph (1) or (2) has occurred, the review board 
                shall issue a final decision and order providing relief 
                authorized under paragraph (14). Such decision and 
                order shall constitute final agency action with respect 
                to the matter appealed.
            ``(9) Settlement in the administrative process.--
                    ``(A) In general.--At any time before issuance of a 
                final order, an investigation or proceeding under this 
                subsection may be terminated on the basis of a 
                settlement agreement entered into by the parties.
                    ``(B) Public policy considerations.--Neither the 
                Secretary, an administrative law judge, nor the review 
                board conducting a hearing under this subsection shall 
                accept a settlement that contains conditions 
                conflicting with the rights protected under this Act or 
                that are contrary to public policy, including a 
                restriction on a complainant's right to future 
                employment with employers other than the specific 
                employers named in a complaint.
            ``(10) Inaction by the review board or administrative law 
        judge.--
                    ``(A) In general.--The complainant may bring a de 
                novo action described in subparagraph (B) if--
                            ``(i) an administrative law judge has not 
                        issued a decision and order within the 90-day 
                        time period required under paragraph 
                        (7)(B)(iii); or
                            ``(ii) the review board has not issued a 
                        decision and order within the 90-day time 
                        period required under paragraph (8)(C).
                    ``(B) De novo action.--Such de novo action may be 
                brought at law or equity in the United States district 
                court for the district where a violation of paragraph 
                (1) or (2) allegedly occurred or where the complainant 
                resided on the date of such alleged violation. The 
                court shall have jurisdiction over such action without 
                regard to the amount in controversy and to order 
                appropriate relief under paragraph (14). Such action 
                shall, at the request of either party to such action, 
                be tried by the court with a jury.
            ``(11) Judicial review.--
                    ``(A) Timely appeal to the court of appeals.--Any 
                party adversely affected or aggrieved by a final 
                decision and order issued under this subsection may 
                obtain review of such decision and order in the United 
                States Court of Appeals for the circuit where the 
                violation, with respect to which such final decision 
                and order was issued, allegedly occurred or where the 
                complainant resided on the date of such alleged 
                violation. To obtain such review, a party shall file a 
                petition for review not later than 60 days after the 
                final decision and order was issued. Such 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 final decision and order.
                    ``(B) Limitation on collateral attack.--An order 
                and decision with respect to which review may be 
                obtained under subparagraph (A) shall not be subject to 
                judicial review in any criminal or other civil 
                proceeding.
            ``(12) Enforcement of order.--If a respondent fails to 
        comply with an order issued under this subsection, the 
        Secretary or the complainant on whose behalf the order was 
        issued may file a civil action for enforcement 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 complainant file such action, the action of the 
        Secretary shall take precedence. The district court shall have 
        jurisdiction to grant all appropriate relief described in 
        paragraph (14).
            ``(13) Burdens of proof.--
                    ``(A) Criteria for determination.--In making a 
                determination or adjudicating a complaint pursuant to 
                this subsection, the Secretary, administrative law 
                judge, review board, or a court may determine that a 
                violation of paragraph (1) or (2) has occurred only if 
                the complainant demonstrates that any conduct described 
                in paragraph (1) or (2) with respect to the complainant 
                was a contributing factor in the adverse action alleged 
                in the complaint.
                    ``(B) Prohibition.--Notwithstanding subparagraph 
                (A), a decision or order that is favorable to the 
                complainant shall not be issued in any administrative 
                or judicial action pursuant to this subsection if the 
                respondent demonstrates by clear and convincing 
                evidence that the respondent would have taken the same 
                adverse action in the absence of such conduct.
            ``(14) Relief.--
                    ``(A) Order for relief.--If the Secretary, 
                administrative law judge, review board, or a court 
                determines that a violation of paragraph (1) or (2) has 
                occurred, the Secretary or court, respectively, shall 
                have jurisdiction to order all appropriate relief, 
                including injunctive relief and compensatory and 
                exemplary damages, including--
                            ``(i) affirmative action to abate the 
                        violation;
                            ``(ii) reinstatement without loss of 
                        position or seniority, and restoration of the 
                        terms, rights, conditions, and privileges 
                        associated with the complainant's employment, 
                        including opportunities for promotions to 
                        positions with equivalent or better 
                        compensation for which the complainant is 
                        qualified;
                            ``(iii) compensatory and consequential 
                        damages sufficient to make the complainant 
                        whole, (including back pay, prejudgment 
                        interest, and other damages);
                            ``(iv) expungement of 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, transmission of a copy 
                        of the decision on the complaint to any person 
                        whom the complainant reasonably believes may 
                        have received such unfavorable information; and
                            ``(v) notwithstanding section 9, civil 
                        penalties not to exceed $100,000, which may be 
                        assessed by the Secretary as part of a 
                        preliminary order or by the administrative law 
                        judge following a request by the Secretary.
                    ``(B) Attorneys' fees and costs.--If the Secretary 
                or an administrative law judge, review board, or court 
                grants an order for relief under subparagraph (A), the 
                Secretary, administrative law judge, review board, or 
                court, respectively, shall assess, at the request of 
                the employee against the employer--
                            ``(i) reasonable attorneys' fees; and
                            ``(ii) costs (including expert witness 
                        fees) reasonably incurred, as determined by the 
                        Secretary, administrative law judge, review 
                        board, or court, respectively, in connection 
                        with bringing the complaint upon which the 
                        order was issued.
            ``(15)  Procedural rights.--The rights and remedies 
        provided for in this subsection may not be waived by any 
        agreement, policy, form, or condition of employment, including 
        by any pre-dispute arbitration agreement or collective 
        bargaining agreement.
            ``(16) Savings.--Nothing in this subsection shall be 
        construed to diminish the rights, privileges, or remedies of 
        any employee who exercises rights under any Federal or State 
        law or common law, or under any collective bargaining 
        agreement.
            ``(17) Election of venue.--
                    ``(A) In general.--An employee of an employer who 
                is located in a State that has a State plan approved 
                under section 18 may file a complaint alleging a 
                violation of paragraph (1) or (2) by such employer 
                with--
                            ``(i) the Secretary under paragraph (5); or
                            ``(ii) a State plan administrator in such 
                        State.
                    ``(B) Referrals.--If--
                            ``(i) the Secretary receives a complaint 
                        pursuant to subparagraph (A)(i), the Secretary 
                        shall not refer such complaint to a State plan 
                        administrator for resolution; or
                            ``(ii) a State plan administrator receives 
                        a complaint pursuant to subparagraph (A)(ii), 
                        the State plan administrator shall not refer 
                        such complaint to the Secretary for 
                        resolution.''.
    (d) Relation to Enforcement.--Section 17(j) of such Act (29 U.S.C. 
666) is amended by inserting before the period the following: ``, 
including the history of violations under section 11(c)''.
    (e) Effective Date.--
            (1) General rule.--Except as provided in paragraph (1), the 
        amendments made by this section shall take effect not later 
        than 90 days after the date of the enactment of this Act.
            (2) Exception for states and political subdivisions.--
        Notwithstanding paragraph (1), a State that has a State plan 
        approved under section 18 of the Occupational Safety and Health 
        Act of 1970 (29 U.S.C. 667) shall amend its State plan to 
        conform with the requirements of the amendments made by this 
        section not later than 12 months after the date of enactment of 
        this Act, except that if the State's legislature is not in 
        session during the 12-month period beginning on the date of the 
        enactment of this Act, the Secretary of Labor may extend the 
        period for the State to make such amendments to its State plan 
        by not more than 12 months. Such amendments to the State plan 
        shall take effect not later than 90 days after the adoption of 
        such amendments by such State.

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 to read as follows:
    ``(c) Protection From Retaliation.--
            ``(1) Retaliation prohibited.--
                    ``(A) Retaliation for complaint or testimony.--No 
                person shall discharge or in any manner discriminate 
                against or cause to be discharged or cause 
                discrimination against or otherwise interfere with the 
                exercise of the statutory rights of any miner or other 
                employee of an operator, representative of miners, or 
                applicant for employment (including the spouse, 
                sibling, child, or parent of such miner or employee, if 
                such individual is employed or is applying for 
                employment at a mine under the control of the 
                operator), because--
                            ``(i) such miner or other employee, 
                        representative, or applicant for employment--
                                    ``(I) has filed or made a 
                                complaint, is about to file or make a 
                                complaint (or is perceived to have 
                                filed or be about to file such a 
                                complaint), including a complaint 
                                notifying the operator or the 
                                operator's agent, or the representative 
                                of the miners at the coal or other mine 
                                of an alleged danger or safety or 
                                health violation in a coal or other 
                                mine;
                                    ``(II) instituted or caused to be 
                                instituted, or is about to institute or 
                                cause to be instituted (or is perceived 
                                to have instituted or be about to 
                                institute such a complaint), any 
                                proceeding under or related to this Act 
                                or has testified or is about to testify 
                                in any such proceeding or because of 
                                the exercise by such miner or other 
                                employee, representative, or applicant 
                                for employment on behalf of him or 
                                herself or others of any right afforded 
                                by this Act, or has reported any injury 
                                or illness to an operator, or agent;
                                    ``(III) has testified or is about 
                                to testify before Congress or any 
                                Federal or State proceeding related to 
                                safety or health in a coal or other 
                                mine; or
                                    ``(IV) refused to violate any 
                                provision of this Act, including any 
                                mandatory health and safety standard or 
                                regulation; or
                            ``(ii) such miner is the subject of medical 
                        evaluations and potential transfer under a 
                        standard published pursuant to section 101.
                    ``(B) Retaliation for refusal to perform duties.--
                            ``(i) In general.--No person shall 
                        discharge or in any manner discriminate against 
                        a miner or other employee of an operator for 
                        refusing to perform the miner's or other 
                        employee's duties if the miner or other 
                        employee has a good-faith and reasonable belief 
                        that performing such duties would pose a safety 
                        or health hazard to the miner or other employee 
                        or to any other miner or employee.
                            ``(ii) Standard.--For purposes of clause 
                        (i), the circumstances causing the miner's or 
                        other employee's good-faith belief that 
                        performing such duties would pose a safety or 
                        health hazard shall be of such a nature that a 
                        reasonable person, under the circumstances 
                        confronting the miner or other employee, would 
                        conclude that there is such a hazard. In order 
                        to qualify for protection under this paragraph, 
                        the miner or other employee, when practicable, 
                        shall have communicated or attempted to 
                        communicate the safety or health concern to the 
                        operator and have not received from the 
                        operator a response reasonably calculated to 
                        allay such concern.
            ``(2) Complaint.--Any miner or other employee or 
        representative of miners or applicant for employment who 
        believes that he or she has been discharged, disciplined, or 
        otherwise discriminated against by any person in violation of 
        paragraph (1) may file a complaint with the Secretary alleging 
        such discrimination not later than 180 days after the later 
        of--
                    ``(A) the last date on which an alleged violation 
                of paragraph (1) occurs; or
                    ``(B) the date on which the miner or other employee 
                or representative knows or should reasonably have known 
                that such alleged violation occurred, or in the case of 
                a violation that is a repeated violation, the last date 
                on which the whistleblower knows or should reasonably 
                have known that such violation occurred.
            ``(3) Investigation and hearing.--
                    ``(A) Commencement of investigation and initial 
                determination.--Upon receipt of such complaint, the 
                Secretary shall forward a copy of the complaint to the 
                respondent, and shall commence an investigation within 
                15 days of the Secretary's receipt of the complaint, 
                and, as soon as practicable after commencing such 
                investigation, make the determination required under 
                subparagraph (B) regarding the reinstatement of the 
                miner or other employee.
                    ``(B) Reinstatement.--If the Secretary finds that 
                such complaint was not frivolously brought, the 
                Commission, on an expedited basis upon application of 
                the Secretary, shall order the immediate reinstatement 
                of the miner or other employee until there has been a 
                final Commission order disposing of the underlying 
                complaint of the miner or other employee. If either the 
                Secretary or the miner or other employee pursues the 
                underlying complaint, such reinstatement shall remain 
                in effect until the Commission has disposed of such 
                complaint on the merits, regardless of whether the 
                Secretary pursues such complaint by filing a complaint 
                under subparagraph (D) or the miner or other employee 
                pursues such complaint by filing an action under 
                paragraph (4). If neither the Secretary nor the miner 
                or other employee pursues the underlying complaint 
                within the periods specified in paragraph (4), such 
                reinstatement shall remain in effect until such time as 
                the Commission may, upon motion of the operator and 
                after providing notice and an opportunity to be heard 
                to the parties, vacate such complaint for failure to 
                prosecute.
                    ``(C) Investigation.--Such investigation shall 
                include interviewing the complainant and--
                            ``(i) providing the respondent an 
                        opportunity to submit to the Secretary a 
                        written response to the complaint and to 
                        present statements from witnesses or provide 
                        evidence; and
                            ``(ii) providing the complainant an 
                        opportunity to receive any statements or 
                        evidence provided to the Secretary and to 
                        provide additional information or evidence, or 
                        rebut any statements or evidence.
                    ``(D) Action by the secretary.--If, upon such 
                investigation, the Secretary determines that the 
                provisions of this subsection have been violated, the 
                Secretary shall immediately file a complaint with the 
                Commission, with service upon the alleged violator and 
                the miner or other employee, applicant for employment, 
                and representative of miners alleging such 
                discrimination or interference and propose an order 
                granting appropriate relief.
                    ``(E) Action of the commission.--The Commission 
                shall afford an opportunity for a hearing on the record 
                (in accordance with section 554 of title 5, United 
                States Code, but without regard to subsection (a)(3) of 
                such section) and thereafter shall issue an order, 
                based upon findings of fact, affirming, modifying, or 
                vacating the Secretary's proposed order, or directing 
                other appropriate relief. Such order shall become final 
                30 days after its issuance. The complaining miner or 
                other employee, representative, or applicant for 
                employment may present additional evidence on his or 
                her own behalf during any hearing held pursuant to this 
                paragraph.
                    ``(F) Relief.--The Commission shall have authority 
                in such proceedings to require a person committing a 
                violation of this subsection to take such affirmative 
                action to abate the violation and prescribe a remedy as 
                the Commission considers appropriate, including--
                            ``(i) the rehiring or reinstatement of the 
                        miner or other employee with back pay and 
                        interest and without loss of position or 
                        seniority, and restoration of the terms, 
                        rights, conditions, and privileges associated 
                        with the complainant's employment;
                            ``(ii) any other compensatory and 
                        consequential damages sufficient to make the 
                        complainant whole, and exemplary damages where 
                        appropriate; and
                            ``(iii) expungement of 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, transmission of a copy 
                        of the decision on the complaint to any person 
                        whom the complainant reasonably believes may 
                        have received such unfavorable information.
            ``(4) Notice to and action of complainant.--
                    ``(A) Notice to complainant.--Not later than 90 
                days of the receipt of a complaint filed under 
                paragraph (2), the Secretary shall notify, in writing, 
                the miner or other employee, applicant for employment, 
                or representative of miners of his determination 
                whether a violation has occurred.
                    ``(B) Action of complainant.--If the Secretary, 
                upon investigation, determines that the provisions of 
                this subsection have not been violated, the complainant 
                shall have the right, within 30 days after receiving 
                notice of the Secretary's determination, to file an 
                action in his or her own behalf before the Commission, 
                charging discrimination or interference in violation of 
                paragraph (1).
                    ``(C) Hearing and decision.--The Commission shall 
                afford an opportunity for a hearing on the record (in 
                accordance with section 554 of title 5, United States 
                Code, but without regard to subsection (a)(3) of such 
                section), and thereafter shall issue an order, based 
                upon findings of fact, dismissing or sustaining the 
                complainant's charges and, if the charges are 
                sustained, granting such relief as it deems appropriate 
                as described in paragraph (3)(D). Such order shall 
                become final 30 days after its issuance.
            ``(5) Burden of proof.--In adjudicating a complaint 
        pursuant to this subsection, the Commission may determine that 
        a violation of paragraph (1) has occurred only if the 
        complainant demonstrates that any conduct described in 
        paragraph (1) with respect to the complainant was a 
        contributing factor in the adverse action alleged in the 
        complaint. A decision or order that is favorable to the 
        complainant shall not be issued pursuant to this subsection if 
        the respondent demonstrates by clear and convincing evidence 
        that the respondent would have taken the same adverse action in 
        the absence of such conduct.
            ``(6) Attorneys' fees.--Whenever an order is issued 
        sustaining the complainant's charges under this subsection, a 
        sum equal to the aggregate amount of all costs and expenses, 
        including attorney's fees, as determined by the Commission to 
        have been reasonably incurred by the complainant for, or in 
        connection with, the institution and prosecution of such 
        proceedings shall be assessed against the person committing 
        such violation. The Commission shall determine whether such 
        costs and expenses were reasonably incurred by the complainant 
        without reference to whether the Secretary also participated in 
        the proceeding.
            ``(7)  Expedited proceedings; judicial review.--Proceedings 
        under this subsection shall be expedited by the Secretary and 
        the Commission. Any order issued by the Commission under this 
        subsection shall be subject to judicial review in accordance 
        with section 106. Violations by any person of paragraph (1) 
        shall be subject to the provisions of sections 108 and 
        110(a)(4).
            ``(8)  Procedural rights.--The rights and remedies provided 
        for in this subsection may not be waived by any agreement, 
        policy, form, or condition of employment, including by any pre-
        dispute arbitration agreement or collective bargaining 
        agreement.
            ``(9) Savings.--Nothing in this subsection shall be 
        construed to diminish the rights, privileges, or remedies of 
        any employee who exercises rights under any Federal or State 
        law or common law, or under any collective bargaining 
        agreement.''.

SEC. 303. AMENDMENT TO TITLE 18 PROVISIONS RELATED TO THE SARBANES-
              OXLEY ACT OF 2002.

    Section 1514A(a) of title 18, United States Code, is amended by 
inserting ``, whether employed inside or outside the United States,'' 
after ``any other manner discriminate against an employee''.

SEC. 304. ENERGY REORGANIZATION ACT OF 1974.

    Section 211(a)(2) of the Energy Reorganization Act of 1974 (42 
U.S.C. 5851(a)(2)) is amended by redesignating subparagraphs (F) and 
(G) as subparagraphs (G) and (H), respectively, and inserting after 
subparagraph (E) the following:
                    ``(F) a Federal agency to the extent such agency is 
                a licensee or applicant for a license under 
                subparagraph (A) or (B);''.

                 TITLE IV--ADMINISTRATIVE REVIEW BOARD

SEC. 401. ADMINISTRATIVE REVIEW BOARD.

    (a) Establishment.--Not later than 90 days after the date of 
enactment of this Act, there is established an Administrative Review 
Board (in this section referred to as the ``Board'') within the 
Department of Labor which shall be composed of 5 members appointed by 
the Secretary, not more than 3 of whom may be adherents of the same 
political party. No member of the Board may hold another office or 
position in the Government of the United States, except as otherwise 
provided by law or at the direction of the Secretary.
    (b) Appointment.--The members of the Board shall be individuals 
who, by ability, background, training, or experience are especially 
qualified to carry out the functions of the Board. The Secretary shall 
appoint these members in consultation with the Chairs and Ranking 
Members of the House Committee on Education and the Workforce and the 
Senate Committee on Health, Education, Labor, and Pensions.
    (c) Quorum; Panels.--For the purposes of carrying out its functions 
under this Act and any other area in which the Secretary delegates his 
or her authority, 3 members of the Board shall constitute a quorum and 
official actions can be taken only on the affirmative vote of 2 
members. The Board may delegate its authority to panels comprised of 
three members of the Board. Any party aggrieved by a decision of a 
panel of the Board may, within 10 days after the date of entry of the 
decision, petition the full Board for review of the panel's decision. 
Upon an affirmative vote of the majority of the Board, the petition for 
hearing by the full Board shall be granted.
    (d) Terms of Office; Filling Vacancies; Removal.--
            (1) Terms.--Each member shall be appointed to a single 5-
        year term, which shall be staggered so that no more than one 
        vacancy is scheduled per year. The initial 5 members shall be 
        appointed to terms of the following lengths: 1 year, 2 years, 3 
        years, 4 years, and 5 years.
            (2) Vacancies.--A member appointed to fill a vacancy 
        occurring before the end of a term of office for the member's 
        predecessor serves for the remainder of that term. Any 
        appointment is subject to the terms of subsection (b). A member 
        appointed initially to a 5-year term, may not be reappointed to 
        another 5-year term, but members appointed to fill a vacancy 
        may be appointed to their own full 5-year term. Upon expiration 
        of his or her term, the member may continue to serve until a 
        successor is appointed and has qualified, except that such 
        member may not continue to serve for more than one year after 
        the date on which his or her term expired.
            (3) Removal.--A member may be removed by the Secretary only 
        for inefficiency, neglect of duty, or malfeasance in office.
    (e) Chair and Vice Chair.--The Secretary of Labor shall from time 
to time appoint one of the members of the Board as Chair of the Board. 
The Chair is the chief executive and administrative officer of the 
Board, and shall have the authority to exercise all administrative 
functions necessary to operate the Board. The Secretary of Labor shall 
from time to time designate one of the members of the Board as Vice 
Chair of the Board, with such duties and responsibilities as the 
Secretary shall prescribe. During the absence or disability of the 
Chair, or when the office of Chair is vacant, the Vice Chair shall 
perform the functions vested in the Chair. During the absence or 
disability of both the Chair and Vice Chair, the Secretary shall 
designate one of the remaining Board members to perform the functions 
vested in the Chair and Vice Chair.
    (f) Jurisdiction and Authority.--
            (1) In general.--The Board shall have jurisdiction and 
        authority to decide appeals from administrative decisions and 
        issue final agency decisions on behalf of the Secretary of 
        Labor with respect to all matters delegated or prescribed by 
        order of the Secretary of Labor or pursuant to any other law, 
        rule, or regulation.
            (2) Supersedure.--The Board shall supersede in function and 
        authority the Administrative Review Board established by the 
        Secretary of Labor pursuant to the Secretary's order 1-2000 (67 
        Fed. Reg. 64272) effective 90 days after the date of the 
        enactment of this Act.
    (g) Pay.--The members of the Board shall receive compensation not 
to exceed level III of the Executive Schedule.
                                 <all>