date of such violation. The petition for review 
must be filed not later than 60 days after the 
date the final order of the Secretary was re-
ceived. 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
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. 
(13) ENFORCEMENT
OF
ORDER.—Whenever 
any responsible party has failed to comply with a 
final order issued under this subsection, including a 
final order for temporary relief, the Secretary or the 
complainant on whose behalf the order was issued 
may file a civil action in the United States district 
court for the district in which the violation was 
found to occur to enforce such order. If both the 
Secretary and the person on whose behalf the order 
was issued file such an action for enforcement, the 
action of the Secretary shall take precedence. In ac-
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tions brought under this paragraph, the district 
courts shall have jurisdiction to grant all appropriate 
relief including, injunctive relief, compensatory dam-
ages, and reasonable attorneys and expert witness 
fees. In addition to enforcing the order, the court 
shall assess a penalty of not greater than $10,000 
a month against any person who fails to comply with 
a final order issued under this subsection, which 
shall be awarded to the party seeking enforcement. 
(c) DISTRICT COURT PROCEDURE.— 
(1) NOTIFICATION.—Upon receipt of a com-
plaint brought under subsection (a)(1)(B) or 
(b)(11), the court shall provide prompt notice to the 
appropriate public body of any protected information 
referenced in the complaint of a violation of section 
102(a), but the public body shall have no standing 
to participate in any way in the proceeding nor shall 
its failure to take action be considered by the court. 
(2) SUMMARY
JUDGMENT.—The Court shall 
summarily dismiss a complaint filed under this title 
based upon the criteria set forth in paragraph 
(d)(1). 
(3) TEMPORARY RELIEF.—If the complaint is 
not dismissed by summary judgment, the court shall, 
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upon request, issue a preliminary order providing for 
temporary reinstatement of the complainant. 
(4) DECISION.—The complainant in a case 
brought under subsection (a)(1)(B) or (b)(11) shall 
be entitled to a trial by jury. The jury or the court 
shall determine whether a violation of section 102(a) 
has occurred based upon the criteria set forth in 
paragraph (d)(2). 
(5) RELIEF.—The Court shall have jurisdiction 
to grant all appropriate relief to a whistleblower 
available by law or equity, including, injunctive re-
lief, compensatory and consequential damages, puni-
tive damages, reasonable attorneys and expert wit-
ness fees, and court costs. 
(d) CRITERIA FOR DISMISSAL AND FOR DECISION.— 
(1) DISMISSAL.—The Secretary, administrative 
law judge, or the court shall dismiss a complaint 
filed under this section unless the complainant 
makes a prima facie showing that any behavior de-
scribed in paragraphs (1) through (5) of section 
102(a) was a contributing factor in the unfavorable 
personnel action alleged in the complaint. The com-
plainant will be considered to have made such a 
showing if the complaint, on its face, supplemented 
as appropriate through interviews, depositions, or af-
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fidavit of the complainant, alleges the existence of 
facts and either direct or circumstantial evidence to 
meet the required showing. 
(2) DECISION.—The Secretary, administrative 
law judge, or a court may determine that a violation 
of section 102(a) has occurred only if the complain-
ant demonstrates that any behavior described in 
paragraphs (1) through (5) of section 102(a) was a 
contributing factor in the unfavorable personnel ac-
tion alleged in the complaint. Relief may not be or-
dered if the responsible party demonstrates by clear 
and convincing evidence that the responsible party 
would have taken the same unfavorable personnel 
action in the absence of the behavior described in 
paragraphs (1) through (5) of section 102(a). 
SEC. 104. RESTRICTIONS ON WHISTLEBLOWING PROHIB-
ITED; 
CONFIDENTIALITY 
OF 
WHISTLE-
BLOWER. 
(a) RESTRICTIONS ON REPORTING PROHIBITED; IN-
VALID CONTRACT CLAUSES.—No responsible party shall 
by contract, policy, or procedure prohibit or restrict any 
person from engaging in any action for which a protection 
against discrimination or retaliation is provided under sec-
tion 102. Any clause or provision of any contract for em-
ployment or contract with an independent contractor for 
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the provision of services which purports to limit or restrain 
an individual from engaging in any of the actions de-
scribed in paragraphs (1) through (5) of section 3(a) as 
a condition of employment or a condition of the contract, 
whether in force before, on, or after the date of enactment 
of this title, shall be invalid and void as violative of public 
policy as established by this title. 
(b) RESTRICTIONS ON RELIEF PROVIDED UNDER 
THIS
ACT
PROHIBITED; 
INVALID
ARBITRATION 
CLAUSES.— 
(1) PROTECTION
OF
PROCEDURAL
RIGHTS.— 
Notwithstanding any other provision of law, any 
clause of any agreement between an responsible 
party and a whistleblower that requires arbitration 
of a claim arising under this title, whether in force 
before, on or after the date of enactment of this Act, 
shall not be enforceable. 
(2) EXCEPTIONS.— 
(A) WAIVER
OR
CONSENT
AFTER
CLAIM 
ARISES.—Paragraph (1) shall not apply with 
respect to any claim if, after such claim arises, 
the parties involved voluntarily consent to sub-
mit such claim to arbitration. 
(B) 
COLLECTIVE
BARGAINING
AGREE-
MENTS.—Paragraph (1) shall not preclude the 
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enforcement of any of the rights or terms of a 
valid collective bargaining agreement. 
(c) CONFIDENTIALITY.—The identity or identifying 
information of a whistleblower who complains or discloses 
information as described in section 102(a) to a public body 
shall remain confidential and shall not be disclosed by any 
person except— 
(1) upon the knowing written consent of the 
whistleblower; 
(2) in the case in which there is imminent 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 discloses the identity of 
a whistleblower in violation of this subsection shall be con-
sidered 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 
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and enforce any law which provides equivalent or greater 
protections for whistleblowers covered 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 whistleblower under any Federal or 
State law, or under any collective bargaining agreement. 
SEC. 106. EFFECTIVE DATE AND RULES. 
This title shall take effect on the date of enactment 
of this Act, and the procedures described in section 103 
shall apply to complaints and actions filed under this title 
after such date of enactment. The Secretary shall establish 
interim final rules to implement this title within 60 days 
of such date of enactment. The time periods for processing 
complaints shall start once such interim rules are in effect. 
TITLE II—WHISTLEBLOWER 
PROTECTION OFFICE 
SEC. 201. ESTABLISHMENT. 
(a) ESTABLISHMENT AND PURPOSE.—There is es-
tablished within the Employment Standards Administra-
tion of the Department of Labor the Whistleblower Pro-
tection Office, in the title referred to as ‘‘the Office’’, to 
administer the duties of the Secretary under title I and 
any duties assigned to the Secretary under the provisions 
of law referred to by section 202, other than duties involv-
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ing hearings and subsequent review and legal representa-
tion which may be assigned to other offices and agencies 
within the Department of Labor. 
(b) ADMINISTRATOR.—The Whistleblower Protection 
Office shall be under the direction of an Administrator of 
Whistleblower Protection, referred to in this title as ‘‘the 
Administrator’’, who shall be appointed by the President 
with the advice and consent of the Senate. 
(c) APPOINTMENT OF PERSONNEL.— 
(1) APPOINTMENT AND COMPENSATION.—The 
Administrator may, subject to the civil service laws, 
appoint such employees as the Administrator 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) IN GENERAL.—Beginning not later than the 
effective date of this title, the functions of the Sec-
retary under any of the provisions of law referred to 
in section 202 shall be carried out by the Adminis-
trator. 
(2) BUDGETS, PERSONNEL, ETC.—All unex-
pended balances of appropriations, personnel, prop-
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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. 
(3) CONTINUATION.—All orders, decisions, de-
terminations, rules, and regulations, (A) which have 
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 
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prior to the date this section takes effect and in all 
such suits proceedings shall be had, appeals taken, 
and judgments rendered, in the same manner and 
effect as if this section had not been enacted. 
(e) PRINCIPAL OFFICE.—The principal location of 
the Office shall be in the District of Columbia, but the 
Administrator or a duly authorized representative may ex-
ercise any or all of the Administrator’s powers in any 
place. 
SEC. 202. OTHER PRIVATE SECTOR WHISTLEBLOWER PRO-
TECTIONS. 
Notwithstanding any other provision of law, the fol-
lowing provisions of law shall, after the effective date of 
this title, be administered in accordance with this title: 
(1) Sections 20209, 31105, 42121, and 60129 
of title 49, United States Code. 
(2) Section 211 of the Asbestos Hazard Emer-
gency Response Act of 1986 (15 U.S.C. 2651). 
(3) Section 7 of the International Safe Con-
tainer Act (46 App. U.S.C. 1506). 
(4) Section 1450 of the Safety Drinking Water 
Act of 1974 (42 U.S.C. 300j–9i). 
(5) Section 507 of the Federal Water Pollution 
Control Act, Amendments of 1972 (33 U.S.C. 
1367). 
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(6) Section 23(a)(1) through (3) of the Toxic 
Substances Control Act (15 U.S.C. 2622). 
(7) Section 7001 of the Solid Waste Disposal 
Act of 1976 (42 U.S.C. 6971). 
(8) Section 322 of the Clean Air Act, amend-
ments of 1977 (42 U.S.C. 7622). 
(9) Section 10 of the Comprehensive Environ-
mental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9610). 
(10) Section 211 of the Energy Reorganization 
Act of 1978 (42 U.S.C. 5851). 
(11) Section 806 of the Sarbanes-Oxley Act of 
2002 (18 U.S.C. 1514A). 
(12) Section 1413 of the Implementing Rec-
ommendations of the 9/11 Commission Act of 2007 
(P.L. 110–53). 
SEC. 203. DUTIES, POWERS AND FUNCTIONS. 
(a) SUBPOENAS, EVIDENCE, AND TESTIMONY.—In 
carrying out its duties under title I of this Act or under 
any of the provisions of law referred to by section 202, 
the Administrator may issue subpoenas requiring the dep-
osition 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 inves-
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tigation by the Commission, or required in connection with 
a hearing. 
(b) RULES.—The Secretary is authorized to prescribe 
such rules as are necessary for the orderly transaction of 
the proceedings of the Office and for the implementation 
of the programs of the Office. 
(c) EFFECTIVE
DATE.—The Administrator shall 
begin to carry out the duties and exercise the powers set 
forth in this title on the date that is 1 year after the date 
of enactment of this Act, or such earlier date as the Sec-
retary may determine that the Office is sufficiently estab-
lished, staffed, and funded. 
(d) ANNUAL REPORTS.—The Administrator shall an-
nually transmit a report to Congress detailing the activi-
ties of the Office during the previous year, including infor-
mation relating to the number and nature of complaints 
filed, the number of merit and non-merit cases, the num-
ber of such complaints disposed of without investigation 
due to specific procedural issues, investigations conducted, 
orders issued, and statistics related to settlements . In ad-
dition, the Administrator shall annually make available the 
full text of all settlements approved by the Office, fol-
lowing the elimination of all personal identifying informa-
tion about the claimant, the employer, and any other 
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party, and no settlement approved by the Office may pro-
hibit disclosure in such a manner. 
(e) 
STUDY
ON
INTIMIDATION
OF
WHISTLE-
BLOWERS.—Not later than 6 months after the effective 
date of this title, the Administrator shall request the Na-
tional Academies to conduct a study of intimidation faced 
by those in the private sector who blow the whistle on vio-
lations of law or accepted standards of practice established 
by public bodies. The study shall consider the role played 
by a belief that whistleblowing will not make any dif-
ference, fear of retaliation, cultural factors, distrust of the 
government, lack of information or misinformation about 
employee rights, deficiencies in such rights or in the prac-
tical ability to seek relief for violation thereof, and such 
other factors as may be relevant. The study shall include 
recommendations for addressing such issues. The Admin-
istrator shall transmit the study, including any further 
recommendations of the Administrator, to Congress not 
later than 90 days after the receipt of the study. 
TITLE III—CONFORMING 
AMENDMENTS 
SEC. 301. OCCUPATIONAL SAFETY AND HEALTH ACT. 
Section 11(c) of the Occupational Safety and Health 
Act (29 U.S.C. 660(c)) is amended— 
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(1) by striking the period at the end of para-
graph (1) and inserting the following: ‘‘, including 
reporting any injury, illness, or unsafe condition to 
the employer, agent of the employer, safety and 
health committee involved, or employee safety and 
health representative involved. No person shall dis-
charge or in any manner discriminate against an 
employee for refusing to perform the employee’s du-
ties if the employee has a reasonable apprehension 
that performing such duties would result in serious 
injury to, or serious impairment of the health of, the 
employee or other employees. The circumstances 
causing the employee’s apprehension of serious in-
jury or serious impairment of health shall be of such 
a nature that a reasonable person, under the cir-
cumstances confronting the employee, would con-
clude that there is a bona fide danger of a serious 
injury, or serious impairment of health, resulting 
from the circumstances. In order to qualify for pro-
tection under this paragraph, the employee, when 
practicable, shall have sought from the employee’s 
employer, and have been unable to obtain, a correc-
tion of the circumstances causing the refusal to per-
form the employee’s duties.’’; and 
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(2) by striking paragraphs (2) and (3), and in-
serting the following: 
‘‘(2) Any employee who believes that he or she 
has been discharged or otherwise discriminated 
against by any person in violation of this subsection 
may file a complaint with the Secretary of Labor, or 
bring a civil action at law or equity in Federal court. 
The Secretary shall receive, process, investigate, and 
attempt to resolve and remedy complaints of viola-
tions of paragraph (1) in the same manner that the 
Secretary receives, processes, investigates, and at-
tempts to resolve and remedy complaints of viola-
tions of section 102(a) of the Whistleblower Protec-
tion Streamlining Act of 2007. A civil action 
brought under this subsection shall be governed 
under the rules and procedures set forth in section 
103 of such Act.’’. 
SEC. 302. FEDERAL MINE SAFETY AND HEALTH ACT. 
Section 105(c) of the Federal Mine Safety and 
Health Act of 1977 ( 30 U.S.C. 815(c)) is amended— 
(1) in paragraph (1)— 
(A) by inserting ‘‘or an injury or illness in 
a coal or other mine or that may be associated 
with mine employment,’’ after ‘‘of an alleged 
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