spector general decided not to conduct or con-
tinue under this paragraph. 
‘‘(4) ACCESS TO INVESTIGATIVE FILE.— 
‘‘(A) IN GENERAL.—The person alleging a 
reprisal under this section shall have access to 
the investigation file of the appropriate inspec-
tor general in accordance with section 552a of 
title 5 (commonly referred to as the ‘Privacy 
Act’). The investigation of the inspector general 
shall be deemed closed for purposes of disclo-
sure under such section when an employee files 
an appeal to an agency head or a court of com-
petent jurisdiction. 
‘‘(B) CIVIL ACTION.—In the event the per-
son alleging the reprisal brings suit under sub-
section (d)(1), the person alleging the reprisal 
and the non-Federal employer shall have access 
to the investigative file of the inspector general 
in accordance with the Privacy Act. 
‘‘(C) EXCEPTION.— 
‘‘(i) IN GENERAL.—The inspector gen-
eral may exclude from disclosure— 
‘‘(I) information protected from 
disclosure by a provision of law; and 
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‘‘(II) any additional information 
the inspector general determines dis-
closure of which would impede a con-
tinuing investigation, provided that 
such information is disclosed once 
such disclosure would no longer im-
pede such investigation, unless the in-
spector general determines that disclo-
sure of law enforcement techniques, 
procedures, or information could rea-
sonably be expected to risk circumven-
tion of the law or disclose the identity 
of a confidential source. 
‘‘(ii) 
LIMITATION.—Notwithstanding 
clause (i)(II), the inspector general may 
not withhold information from the em-
ployee which would otherwise be subject to 
disclosure under section 552 of title 5 
(commonly referred to as the Freedom of 
Information Act) or the Privacy Act. 
‘‘(5) PRIVACY OF INFORMATION.—An inspector 
general investigating an alleged reprisal under this 
section may not respond to any inquiry or disclose 
any information from or about any person alleging 
such reprisal, except in accordance with the provi-
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sions of section 552a of title 5 or as required by any 
other applicable Federal law. 
‘‘(6) 
LIMITATION
ON
SUBMITTING
COM-
PLAINT.—A complaint under this subsection may 
not be brought more than 3 years after the date on 
which the alleged reprisal prohibited under sub-
section (a) occurred. 
‘‘(c) ADMINISTRATIVE REMEDY AND ENFORCEMENT 
AUTHORITY.— 
‘‘(1) AGENCY ACTION.—Not later than 30 days 
after receiving an inspector general report under 
subsection (b), the head of the agency concerned 
shall determine whether there is sufficient basis to 
conclude that the non-Federal employer has, di-
rectly, or indirectly on behalf of the Federal agency 
providing the employer covered funds, subjected the 
complainant to a reprisal prohibited by subsection 
(a) and shall either issue an order denying relief in 
whole or in part or shall take 1 or more of the fol-
lowing actions: 
‘‘(A) Order the employer to take affirma-
tive action to abate the reprisal. 
‘‘(B) Order the employer to reinstate the 
person to the position that the person held be-
fore the reprisal, together with the compensa-
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tion (including back pay), compensatory dam-
ages, employment benefits, and other terms and 
conditions of employment that would apply to 
the person in that position if the reprisal had 
not been taken. 
‘‘(C) Order the employer to pay the com-
plainant an amount equal to the aggregate 
amount of all costs and expenses (including at-
torneys’ fees and expert witnesses’ fees) that 
were reasonably incurred by the complainant 
for, or in connection with, bringing the com-
plaint regarding the reprisal, as determined by 
the head of the agency or a court of competent 
jurisdiction. 
‘‘(D) Where appropriate, order the posting 
of the decision of the inspector general in a 
manner in which every employee of the em-
ployer will have notice of the decision and oth-
erwise require a reasonable compliance program 
to ensure that no further retaliation is com-
mitted by the employer. 
‘‘(E) In the case of a finding that the re-
prisal was willful, wanton, or malicious, order 
the employer to pay the employee no more than 
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10 times the amount of all lost wages and other 
compensatory damages. 
‘‘(2) BURDEN OF PROOF.— 
‘‘(A) DISCLOSURE AS CONTRIBUTING FAC-
TOR IN REPRISAL.— 
‘‘(i) IN GENERAL.—A person alleging 
a reprisal under this section shall be 
deemed to have affirmatively established 
the occurrence of the reprisal if the person 
demonstrates that a disclosure described in 
subsection (a) was a contributing factor in 
the reprisal. 
‘‘(ii) USE
OF
CIRCUMSTANTIAL
EVI-
DENCE.—A 
disclosure 
may 
be 
dem-
onstrated as a contributing factor in a re-
prisal for purposes of this paragraph by 
circumstantial evidence, including— 
‘‘(I) evidence that the official un-
dertaking the reprisal knew of the dis-
closure; 
‘‘(II) evidence that the reprisal 
occurred within a period of time after 
the disclosure such that a reasonable 
person could conclude that the disclo-
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sure was a contributing factor in the 
reprisal; or 
‘‘(III) evidence that the protected 
disclosure was well founded in fact or 
law. 
‘‘(B) OPPORTUNITY FOR REBUTTAL.—The 
head of an agency may not find the occurrence 
of a reprisal with respect to a reprisal that is 
affirmatively established under subparagraph 
(A) if the non-Federal employer demonstrates 
by clear and convincing evidence that the non- 
Federal employer would have taken the action 
constituting the reprisal in the absence of the 
disclosure. An employee may rebut this affirma-
tive defense by direct or circumstantial evi-
dence, including the evidence described in sub-
paragraph (A). 
‘‘(3) JUDICIAL
ENFORCEMENT
OF
ORDER.— 
Whenever a person fails to comply with an order 
issued under paragraph (1), the head of the agency 
shall file an action for enforcement of such order in 
the United States district court for a district in 
which the reprisal was found to have occurred. In 
any action brought under this paragraph, the court 
may grant appropriate relief, including injunctive re-
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lief, compensatory and exemplary damages, and at-
torneys’ fees and costs. The person upon whose be-
half an order was issued may also file such an action 
or join in an action filed by the head of the agency. 
‘‘(d) CIVIL ACTION AND JUDICIAL REVIEW.— 
‘‘(1) CIVIL ACTION.—A person who has sub-
mitted a complaint under subsection (b) shall be 
deemed to have exhausted all administrative rem-
edies with respect to the complaint and may bring 
a de novo action at law or equity against the em-
ployer to seek compensatory damages and all other 
relief available under this section in the appropriate 
district court of the United States, which shall have 
jurisdiction over such an action without regard to 
the amount in controversy, if— 
‘‘(A)(i) the head of an agency— 
‘‘(I) issues an order denying relief in 
whole or in part under subsection (c)(1); 
or 
‘‘(II) has not issued an order— 
‘‘(aa) within 210 days after the 
submission of a complaint under sub-
section (b); or 
‘‘(bb) in the case of an extension 
of time under subsection (b)(2)(B), 
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within 30 days after the expiration of 
the extension of time; or 
‘‘(ii) the inspector general decides under 
subsection (b)(3) not to investigate or to dis-
continue an investigation; and 
‘‘(B) there is no showing that such delay 
or decision is due to the bad faith of the com-
plainant. 
‘‘(2) TRIAL BY JURY.—An action brought under 
paragraph (1) shall, at the request of either party to 
the action, be tried by the court with a jury. 
‘‘(3) LIMITATION
ON
BRINGING
CIVIL
AC-
TION.—An action brought under paragraph (1) may 
not be brought more than 2 years after the date on 
which remedies are deemed exhausted under sub-
paragraph (A) of such paragraph. 
‘‘(4) JUDICIAL REVIEW.—Any person adversely 
affected or aggrieved by an order issued under sub-
section (c)(1) may obtain review of the order’s con-
formance with this subsection, and any regulations 
issued to carry out this section, in the United States 
court of appeals for a circuit in which the reprisal 
is alleged in the order to have occurred. No petition 
seeking such review may be filed more than 60 days 
after issuance of the order by the head of the agen-
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cy. Review shall conform to chapter 7 of title 5. Fil-
ing such an appeal shall not act to stay the enforce-
ment of the order of a head of an agency or the 
judgment of a district court. 
‘‘(e) NONENFORCEABILITY OF CERTAIN PROVISIONS 
WAIVING RIGHTS AND REMEDIES OR REQUIRING ARBI-
TRATION OF DISPUTES.— 
‘‘(1) WAIVER OF RIGHTS AND REMEDIES.—Ex-
cept as provided under paragraph (3), the rights and 
remedies provided for in this section may not be 
waived by any agreement, policy, form, or condition 
of employment, including by any predispute arbitra-
tion agreement. 
‘‘(2) 
PREDISPUTE
ARBITRATION
AGREE-
MENTS.—Except as provided under paragraph (3), 
no predispute arbitration agreement shall be valid or 
enforceable if it requires arbitration of a dispute 
arising under this section. 
‘‘(3) EXCEPTION FOR COLLECTIVE BARGAINING 
AGREEMENTS.—Notwithstanding 
paragraphs 
(1) 
and (2), an arbitration provision in a collective bar-
gaining agreement shall be enforceable as to dis-
putes arising under the collective bargaining agree-
ment. 
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‘‘(f) REQUIREMENT TO NOTIFY EMPLOYEES
OF 
RIGHTS AND REMEDIES.—Any non-Federal employer re-
ceiving covered funds shall notify all employees of the 
rights and remedies provided under this section in English 
and the predominant native language of the workforce. 
‘‘(g) RULES OF CONSTRUCTION.— 
‘‘(1) NO IMPLIED AUTHORITY TO RETALIATE 
FOR
NON-PROTECTED
DISCLOSURES.—Nothing in 
this section may be construed to authorize the dis-
charge of, demotion of, or discrimination against an 
employee for a disclosure other than a disclosure 
protected by subsection (a) or to modify or derogate 
from a right or remedy otherwise available to the 
employee. 
‘‘(2) RELATIONSHIP TO STATE LAWS.—Nothing 
in this section may be construed to preempt, pre-
clude, or limit the protections provided for public or 
private employees under State whistleblower laws. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) ABUSE OF AUTHORITY.—The term ‘abuse 
of authority’ means an arbitrary and capricious ex-
ercise of authority that adversely affects the rights 
of any person, or that results in personal gain or ad-
vantage to the official or employee or to preferred 
other persons. 
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‘‘(2) COVERED
FUNDS.—The term ‘covered 
funds’ means any contract, grant, or other payment 
received by any non-Federal employer if the Federal 
Government provides any portion of the money or 
property that is provided, requested, or demanded. 
‘‘(3) EMPLOYEE.—The term ‘employee’— 
‘‘(A) except as provided under subpara-
graph (B), means an individual performing 
services on behalf of an employer or a con-
tractor, subcontractor, or agent of an employer; 
and 
‘‘(B) does not include any Federal em-
ployee or member of the uniformed services (as 
that term is defined in section 101(a)(5) of title 
10). 
‘‘(4) NON-FEDERAL
EMPLOYER.—The term 
‘non-Federal employer’— 
‘‘(A) means— 
‘‘(i) any employer— 
‘‘(I) with respect to covered 
funds— 
‘‘(aa) the contractor, sub-
contractor, grantee, or recipient, 
as the case may be, if the con-
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