(2) CLEAR AND CONVINCING EVIDENCE.—The 
term ‘‘clear and convincing evidence’’ means evi-
dence indicating that the matter to be proved is 
highly probable or reasonably certain. 
(3) CONTRIBUTING FACTOR.—The term ‘‘con-
tributing factor’’ means any factor which, alone or 
in combination with other factors, affects in any way 
the outcome of the decision. 
(4) EMPLOYEE.—The term ‘‘employee’’ means 
any person receiving compensation from or acting on 
behalf of an employer, being considered for employ-
ment by the employer, or previously employed by an 
employer, including any working as an associate, 
person employed on a temporary or part-time basis, 
or employed by a contractor or subcontractor of an 
employer. 
(5) EMPLOYER.—The term ‘‘employer’’ means 
any person (including one or more individuals, part-
nerships, associations, corporations, legal representa-
tives, mutual companies, joint-stock companies, 
trusts, unincorporated organizations, nongovern-
mental organizations, or trustees) engaged in profit 
or nonprofit business affecting commerce, including 
any subsidiaries, affiliates, or the foreign operations 
of any business that are subject to applicable law, 
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any entity of a State government or political subdivi-
sion of a State, or any nongovernmental organiza-
tion, and any contractor or subcontractor of another 
employer. 
(6) MANAGER.—The term ‘‘manager’’ means 
any person who has direct, implied, or apparent au-
thority over the work performance of a whistle-
blower, 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. 
(7) MEDIA.—The term ‘‘media’’ includes a 
member of the print, radio, television, or internet 
media. 
(8) 
PROTECTED
INFORMATION.—The 
term 
‘‘protected information’’ means any information that 
a whistleblower reasonably believes evidences— 
(A) a violation or the intent to commit a 
violation, by the employer or a subsidiary or 
business affiliate of the employer, of an applica-
ble law; 
(B) a hazard or potential danger to the 
health or safety of any employee or to the pub-
lic, including any injury or illness; or 
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(C) fraud on the part of the employer or 
a business affiliate or subsidiary of the em-
ployer in connection with the implementation of 
or compliance with an applicable law or a 
standard of practice established by a profes-
sional standards setting body. 
(9) 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, com-
mittee, or commission of any such public bodies, or 
any organization or credentialing body that estab-
lishes or enforces standards of professional conduct. 
(10) RESPONSIBLE PARTY.—The term ‘‘respon-
sible party’’ means any employer, any professional 
membership organization, including a certification, 
disciplinary, or other professional body, and any 
agency or licensee of the Federal government, and 
includes a person acting directly or indirectly in the 
interest of another responsible party. 
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(11) REASONABLY BELIEVES.—The term ‘‘rea-
sonably believes’’, with respect to information that 
may be protected information, means that a disin-
terested observer with a similar level of education, 
skill and experience and with knowledge of the es-
sential facts known to or readily ascertained by the 
whistleblower could conclude that such information 
is protected information, and the determination of 
reasonable belief in this context is a subjective 
standard which is a question of fact. 
(12) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Labor. 
(13) UNFAVORABLE PERSONNEL ACTION.—The 
term ‘‘unfavorable personnel action’’ means any ac-
tion or inaction, whether taken, recommended, or 
threatened, directly or indirectly unfavorable to the 
whistleblower, or family member of the whistle-
blower, by any responsible party, including current 
employer of the whistleblower, including termination, 
performance appraisal or action, discipline, reduction 
in pay or benefits, transfer, reassignment, demotion, 
withholding of training or other advancement oppor-
tunities, removal of resources, the denial, suspen-
sion, or revocation of a security clearance, investiga-
tion, peer review, law enforcement referral, or pros-
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ecution, filing criminal or civil charges, change in se-
niority rights, denial of advancement, denial of con-
tract, revocation of security credentials, blacklisting, 
listing on a practitioner databank, violence or other 
physical action, any other discrimination or other ac-
tion that negatively affects the terms or conditions, 
or privileges of employment of such whistleblower, or 
any other conduct that would dissuade a reasonable 
person from engaging in activities protected by this 
title. 
(14) WHISTLEBLOWER.—The term ‘‘whistle-
blower’’ includes an employee, independent con-
tractor, or any member or staff of a professional 
membership organization or other professional body, 
including professionals with institutional privileges 
or appointments to an organization, who engages in 
the protected activity described in section 102(a). 
SEC. 102. PROTECTION AGAINST RETALIATION OR DIS-
CRIMINATION AGAINST WHISTLEBLOWERS. 
(a) IN
GENERAL.—Notwithstanding the require-
ments of any other law, no responsible party shall take 
any unfavorable personnel action against a whistleblower 
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 whistleblower to— 
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(4) inform or discuss with co-workers of the 
whistleblower, experts or corroborating witnesses, a 
representative of the whistleblower, a safety and 
health or similar workplace committee, or a family 
member of the whistleblower, any protected informa-
tion, where disclosure is not prohibited by law or be-
cause it is classified; or 
(5) otherwise avail himself or herself of the 
rights set forth in this title or other applicable law, 
or assist another whistleblower in asserting the 
rights available under this title. 
(b) BROAD CONSTRUCTION.—It is the sense of Con-
gress that the provisions of this section and section 101 
shall be construed broadly to maximize the Act’s remedial 
objectives and for the benefit of the public. 
SEC. 103. ENFORCEMENT. 
(a) COMPLAINT; RIGHT OF ACTION.— 
(1) IN GENERAL.—A whistleblower who believes 
that he or she has been discharged or otherwise dis-
criminated against by any responsible party in viola-
tion of section 102(a) may seek the relief described 
in this section, either by— 
(A) filing a complaint with the Secretary 
as described in subsection (b); or 
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(B) bringing an action at law or equity in 
the appropriate district court of the United 
States as described in subsection (c). 
Except as provided in subsection (b)(11), a whistle-
blower, having filed a complaint under subparagraph 
(A), may not bring an action under subparagraph 
(B). 
(2) STATUTE
OF
LIMITATIONS.—A whistle-
blower may take either action permitted by the pre-
ceding paragraph not later than 1 year after the 
later of— 
(A) the date on which such violation oc-
curs; or 
(B) the date on which the whistleblower 
knows or should reasonably have known that 
such violation occurred. 
For purposes of this paragraph, a violation shall be 
considered to have occurred on the last date on 
which such violation continues. 
(b) DEPARTMENT OF LABOR COMPLAINT PROCE-
DURE.— 
(1) NOTIFICATION OF PUBLIC BODY.—Upon re-
ceipt of a complaint under this section, the Secretary 
shall provide prompt notice to the appropriate public 
body of any protected information referenced in the 
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complaint of a violation of section 102(a). The pub-
lic body’s determination on whether or not a viola-
tion has occurred, nor its action or inaction, shall 
not be considered by the Secretary. 
(2) ELECTION OF PROCEDURE; EXCLUSION.— 
(A) ELECTION OF PROCEDURE.—Upon re-
ceipt of a complaint under this section, the Sec-
retary shall inform the complainant (or any 
legal counsel retained by complainant) of any 
program for administering whistleblower com-
plaints described in section 202 that may be ap-
plicable to the complainant’s situation, and ob-
tain the complainant’s consent as to the pro-
gram under which the complainant wishes to 
proceed. No action may proceed unless a com-
plainant with such an election makes it, and 
such an election is binding. If the complaint is 
to be processed under this title, the Secretary 
shall provide written notice to the responsible 
party named in the complaint of the filing of 
the complaint, the substance of the evidence 
supporting the complaint, and of the opportuni-
ties that will be afforded to such responsible 
party under this subsection. 
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(B) EXCLUSION.—No complaint by a gov-
ernment employee that is within the scope of 
the Whistleblower Protection Act (5 U.S.C. 
1201 note) shall be considered under the provi-
sions of this title, provided, however, that this 
exclusion does not diminish any rights a whis-
tleblower may have under any program for ad-
ministering whistleblower complaints described 
in section 202. 
(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. 
(4) TEMPORARY
RELIEF
DURING
INVESTIGA-
TION.—If the complaint is not dismissed under para-
graph (3), the Secretary shall, upon request, issue a 
preliminary order providing for temporary reinstate-
ment of the complainant while the Secretary is con-
ducting an investigation pursuant to paragraph (5). 
If a hearing is not requested as provided for in para-
graph (7), such preliminary order shall be deemed a 
final order that is not subject to judicial review. 
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(5) INVESTIGATION.—The Secretary shall inves-
tigate any complaint not dismissed under paragraph 
(3). The Secretary shall afford the responsible party 
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. The complain-
ant shall be provided an opportunity to meet with a 
representative of the Secretary and rebut any state-
ments provided to the Secretary by the responsible 
party named in the complaint. In conducting such 
investigation, the Secretary may issue subpoenas re-
quiring the deposition of or the attendance and testi-
mony of witnesses and the production of any evi-
dence, including any books, papers, or documents, 
relating to the matter under investigation. The Sec-
retary shall complete the investigation and issue a 
decision in accordance with the criteria set forth in 
subsection (d)(2) not later than 30 days after the 
date of receipt of a complaint. The Secretary shall 
notify, in writing, the complainant and the respon-
sible party named in the complaint of the Sec-
retary’s findings. 
(6) PRELIMINARY
ORDER
FOLLOWING
INVES-
TIGATION.—If the Secretary finds that a violation of 
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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 responsible party alleged to have 
committed a violation of section 102(a) may re-
quest a hearing on the record before an admin-
istrative law judge— 
(i) if the complainant or the respon-
sible party alleged to have committed a 
violation of section 102(a) objects to a pre-
liminary order of temporary reinstatement 
or preliminary order for relief and files 
such objections and request for a hearing 
not later than 30 days after receiving noti-
fication of such preliminary order; or 
(ii) if the Secretary has not issued a 
decision under paragraph (5) within 30 
days of the receipt of the complaint. 
The filing of objections under clause (i) shall 
not operate to stay any reinstatement remedy 
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