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 PROCE-
DURE.—The Secretary shall establish appropriate proce-
dures to ensure complaints under this section are proc-
essed efficiently, which shall provide for the following: 
(1) NOTIFICATION OF PUBLIC BODY.—Upon de-
termining 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 hav-
ing jurisdiction over the violations of applicable 
law raised in the complaint; and 
(B) if appropriate, coordinate with the ap-
propriate public body having jurisdiction re-
garding an enforcement inspection. 
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(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 sec-
tion 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 com-
plaints, which shall extend the period of time 
for the Secretary to issue a decision as nec-
essary. 
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(3) DECISION
TO
INVESTIGATE
OR
DISMISS 
COMPLAINT.—The Secretary shall, based on the cri-
teria set forth in paragraph (d)(1), either— 
(A) make a decision to investigate the com-
plaint 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 subpara-
graph (7) and the process for filing such a re-
quest. 
(4) TEMPORARY
RELIEF
DURING
INVESTIGA-
TION.—The Secretary shall, upon request of a com-
plainant, determine, for the purposes of issuing a 
temporary reinstatement order described in this 
paragraph, whether there is reasonable cause to be-
lieve 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 ac-
tion alleged in the complaint. If the Secretary deter-
mines that there is reasonable cause to believe that 
the complaint makes a prima facie showing, the Sec-
retary shall issue a temporary reinstatement order 
for the complainant while the Secretary is con-
ducting an investigation pursuant to paragraph (5). 
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If a hearing is not requested as provided for in para-
graph (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 ju-
dicial investigation, hearing, or appeal. Upon a de-
termination by the Secretary that the respondent is 
not liable for retaliation under this title, such rein-
statement shall end. 
(5) INVESTIGATION.—The Secretary shall inves-
tigate 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 complain-
ant to determine whether he or she has a claim. The 
Secretary shall afford the employer (in this sub-
section referred to as the ‘‘respondent’’) named in 
the complaint an opportunity to submit to the Sec-
retary a written response to the complaint and to 
meet with a representative of the Secretary to 
present statements from witnesses and other evi-
dence. The complainant shall be provided an oppor-
tunity to meet with a representative of the Secretary 
and rebut any statements or evidence provided to 
the Secretary by the respondent named in the com-
plaint. In conducting such investigation, the Sec-
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retary 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 in-
vestigation 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 com-
plaint. The Secretary shall notify, in writing, the 
complainant and the respondent named in the com-
plaint of the Secretary’s findings. 
(6) PRELIMINARY
ORDER
FOLLOWING
INVES-
TIGATION.—If the Secretary finds that a violation of 
section 102(a) has occurred, the Secretary shall 
issue a preliminary order providing the relief pre-
scribed 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 com-
plainant or respondent may request a hearing 
on the record before an administrative law 
judge— 
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(i) if the complainant or the respond-
ent 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 receiv-
ing notification of such preliminary order; 
(ii) if the complainant requests a 
hearing not later than 30 days after receiv-
ing 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 prelimi-
nary order issued pursuant to paragraph (6). 
(B) PROCEDURES.—Such hearing request 
shall be granted, and shall be conducted expedi-
tiously and in accordance with the section 554 
of title 5, United States Code. In conducting 
such proceeding, the Secretary may issue sub-
poenas requiring the deposition of or the at-
tendance and testimony of witnesses and the 
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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 sub-
section (d)(2), shall be issued not later than 90 
days after the date on which a hearing was re-
quested 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 pro-
viding the relief prescribed by paragraph (10). 
If review under paragraph (8) is not timely re-
quested, 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 al-
leged 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 
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review board’s review shall be limited to determining 
whether the decision of the administrative law judge 
was based upon substantial evidence and in accord-
ance with all applicable law. The decision of the ad-
ministrative law judge shall be stayed pending the 
completion of further review, except for any order of 
reinstatement which shall be stayed only upon mo-
tion. If review is granted, the review board shall 
issue a final decision and order affirming or revers-
ing, in whole or in part, the decision under review 
by not later than 90 days after receipt of the admin-
istrative 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 au-
thorized under paragraph (10). Such decision and 
order shall constitute final agency action with re-
spect 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 
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complainant, and the employer alleged to have com-
mitted 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, in-
cluding 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, adminis-
trative 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 vio-
lation to— 
(A) take affirmative action to abate the 
violation; 
(B) reinstate the complainant to his or her 
former position and with the same seniority sta-
tus 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 
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position that provides equivalent or better com-
pensation, terms, conditions, and privileges of 
employment for which the complainant is quali-
fied; 
(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 ac-
tion, and, at the complainant’s direction, send 
a copy of the decision on the complaint to any 
person whom the complainant reasonably be-
lieves may have received such unfavorable infor-
mation; 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 as-
sess 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 
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witness fees) reasonably incurred, as determined by 
the Secretary, administrative law judge, or the re-
view 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 com-
plainant 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 reason-
able attorneys and expert witness fees. In addition 
to enforcing the order, the court shall assess a pen-
alty 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. 
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(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 vio-
lation. 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 con-
form 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
AT-
TACK.—An order of the Secretary with respect 
to which review could have been obtained under 
subparagraph (A) shall not be subject to judi-
cial review in any criminal or other civil pro-
ceeding. 
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(13) INACTION BY THE SECRETARY, ADMINIS-
TRATIVE 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, re-
spectively, 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 Fed-
eral 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 com-
plainant makes the prima facie showing described in 
subsection (b)(4), and if the court so determines, 
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issue an order providing for temporary reinstate-
ment 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 com-
plainant available by law or equity, including, in-
junctive relief, compensatory and consequential dam-
ages, 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 com-
plainant alleges facts in the complaint, supplemented 
as appropriate through interviews, affidavits, or 
other relevant evidence, which could conceivably sup-
port a prima facie claim that conduct described in 
paragraphs (1) through (5) of section 102(a) was a 
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contributing factor in the unfavorable personnel ac-
tion alleged in the complaint. The Secretary shall 
not dismiss a complaint without interviewing a com-
plainant 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 fur-
ther 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 com-
plaint. Relief may not be ordered if the respondent 
demonstrates by clear and convincing evidence that 
the respondent would have taken the same unfavor-
able personnel action in the absence of the conduct 
described in paragraphs (1) through (5) of section 
102(a). 
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SEC. 104. RESTRICTIONS ON WHISTLEBLOWING PROHIB-
ITED; 
CONFIDENTIALITY 
OF 
WHISTLE-
BLOWER. 
(a) RESTRICTIONS ON REPORTING PROHIBITED; IN-
VALID CONTRACT CLAUSES.—No employer shall by con-
tract, 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 provi-
sion of services which purports to limit or restrain an indi-
vidual from engaging in any of the actions described in 
paragraphs (1) through (5) of section 102(a) as a condi-
tion 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 em-
ployer 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 arbi-
tration of a claim arising under this title unless the em-
ployee’s agreement is made after the employee becomes 
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aware of an unfavorable personnel action and such agree-
ment is made in direct contemplation of that specific unfa-
vorable personnel action. No agreement, settlement, or de-
cision 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 infor-
mation 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 dan-
ger to health or public safety or an imminent viola-
tion of criminal law; or 
(3) as otherwise required by law. 
An employee of a public body shall provide reasonable ad-
vance 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 dis-
closing the identity of a complainant in violation of this 
subsection may be considered to be acting outside such 
employee’s official duties. 
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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.—Ex-
cept 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.— 
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(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 cur-
rently 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 Adminis-
trator’s compensation shall be set at level IV of the Execu-
tive Schedule. 
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(c) APPOINTMENT OF PERSONNEL.— 
(1) APPOINTMENT AND COMPENSATION.—The 
Administrator may, subject to the civil service laws, 
appoint such employees as the Administrator con-
siders necessary to carry out the functions and du-
ties 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 unex-
pended balances of appropriations, personnel, prop-
erty, 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 clas-
sification 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, de-
terminations, rules, and regulations, (A) which have 
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been issued, made, granted, or allowed to become ef-
fective in the exercise of functions which are trans-
ferred under this subsection; and (B) which are in 
effect at the time this section takes effect, shall con-
tinue in effect according to their terms until modi-
fied, 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 provi-
sions 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 appro-
priate, take all the steps necessary, including entering into 
memorandum of understanding, to coordinate investiga-
tion 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 appli-
cable law. 
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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 re-
quested under this paragraph shall be con-
ducted 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 hear-
ing, the administrative law judge may issue 
subpoenas. The respondent or complainant 
may request the issuance of subpoenas 
that require the deposition of, or the at-
tendance and testimony of, witnesses and 
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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 pro-
vision of this Act, including any man-
datory health and safety standard or 
regulation; or 
‘‘(ii) such miner is the subject of med-
ical evaluations and potential transfer 
under a standard published pursuant to 
section 101. 
‘‘(B) RETALIATION FOR REFUSAL TO PER-
FORM 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 min-
er’s or other employee’s duties if the miner 
or other employee has a good-faith and 
reasonable belief that performing such du-
ties would pose a safety or health hazard 
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