‘‘(C) a person with supervisory authority 
over the employee (or such other person work-
ing for the employer who has the authority to 
investigate, discover, or terminate the mis-
conduct); 
‘‘(2) to file, cause to be filed, testify, participate 
in, or otherwise assist in a proceeding filed, or about 
to be filed (with any knowledge of the employer), in 
any court or administrative forum relating to any 
such alleged violation; or 
‘‘(3) to refuse to commit or assist in any such 
violation. 
‘‘(b) ENFORCEMENT ACTION.— 
‘‘(1) IN GENERAL.—An employee who alleges 
discharge or other discrimination in violation of sub-
section (a) may seek relief in accordance with the 
provisions of subsection (c) by— 
‘‘(A) filing a complaint with the Secretary 
of Labor; or 
‘‘(B) if the Secretary of Labor has not 
issued a final decision within 210 days of the 
filing of the complaint and there is no showing 
that such delay is due to the bad faith of the 
claimant, or within 90 days after receiving a 
final decision or order from the Secretary, 
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bringing an action at law or equity for de novo 
review in the appropriate district court of the 
United States, which court shall have jurisdic-
tion over such 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. 
‘‘(2) PROCEDURE.— 
‘‘(A) IN
GENERAL.—Any action under 
paragraph (1) shall be governed under the rules 
and procedures set forth in section 42121(b) of 
title 49, United States Code. 
‘‘(B) EXCEPTION.—Notification in an ac-
tion under paragraph (1) shall be made in ac-
cordance with section 42121(b)(1) of title 49, 
United States Code, except that such notifica-
tion shall be made to the person named in the 
complaint, the employer, and the Commissioner 
of Food and Drugs. 
‘‘(C) BURDENS
OF
PROOF.—An action 
brought under paragraph (1)(A) or (1)(B) shall 
be governed by the legal burdens of proof set 
forth in section 42121(b) of title 49, United 
States Code. 
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‘‘(D) STATUTE OF LIMITATIONS.—An ac-
tion under paragraph (1)(A) shall be com-
menced not later than 180 days after the date 
on which the violation occurs. 
‘‘(c) REMEDIES.— 
‘‘(1) IN GENERAL.—An employee prevailing in 
any action under subsection (b)(1) shall be entitled 
to all relief necessary to make the employee whole. 
‘‘(2) ISSUANCE OF ORDER.—If, in response to 
a complaint filed under subsection (b)(1), the Sec-
retary of Labor or the district court, as applicable, 
determines that a violation of subsection (a) has oc-
curred, the Secretary or the court shall order the 
person who committed such violation— 
‘‘(A) to take affirmative action to abate 
the violation; 
‘‘(B) to— 
‘‘(i) reinstate the complainant to his 
or her former position together with com-
pensation (including backpay); and 
‘‘(ii) restore the terms, conditions, 
and privileges associated with his or her 
employment; and 
‘‘(C) to provide compensatory damages to 
the complainant. 
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If such an order is issued under this paragraph, the 
Secretary or the court, at the request of the com-
plainant, shall assess against the person against 
whom the order is issued a sum equal to the aggre-
gate amount of all costs and expenses (including at-
torney and expert witness fees) reasonably incurred, 
as determined by the Secretary, by the complainant 
for, or in connection with, the bringing of the com-
plaint upon which the order was issued. 
‘‘(d) RIGHTS RETAINED BY EMPLOYEE.—Nothing in 
this section shall be deemed to diminish the rights, privi-
leges, or remedies of any employee under any Federal or 
State law or under any collective bargaining agreement. 
The rights and remedies in this section may not be waived 
by any agreement, policy, form, or condition of employ-
ment.’’. 
SEC. 406. RULE OF CONSTRUCTION. 
Nothing in this Act or any amendment made by this 
Act shall be construed as affecting any authority or re-
quirement relating to devices (as defined in section 201 
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
321)). 
Æ 
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