(f) 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. 
(a) PROVISIONS TO BE ENFORCED IN ACCORDANCE 
WITH THIS ACT.—Notwithstanding any procedures set 
forth in the following provisions of law, such provisions 
shall, after the effective date of this Act, be administered 
in accordance with this Act by the Office established by 
this title: 
(1) Sections 20109, 30171, 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 U.S.C. 1506). 
(4) Section 1450 of the Safe 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 40 of the Consumer Product Safety 
Act (15 U.S.C. 2087). 
(7) Section 23(a)(1) through (3) of the Toxic 
Substances Control Act (15 U.S.C. 2622). 
(8) Section 7001 of the Solid Waste Disposal 
Act of 1976 (42 U.S.C. 6971). 
(9) Section 322 of the Clean Air Act, amend-
ments of 1977 (42 U.S.C. 7622). 
(10) Section 10 of the Comprehensive Environ-
mental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9610). 
(11) Section 211 of the Energy Reorganization 
Act of 1978 (42 U.S.C. 5851). 
(12) Section 806 of the Sarbanes-Oxley Act of 
2002 (18 U.S.C. 1514A). 
(13) Section 1413 of the Implementing Rec-
ommendations of the 9/11 Commission Act of 2007 
(6 U.S.C. 1142). 
(14) Section 18C of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 218C). 
(15) Section 21F of the Securities Exchange 
Act of 1934 (15 U.S.C. 78u–6). 
(16) Section 23 of the Commodity Exchange 
Act (7 U.S.C. 26). 
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(17) The Seaman’s Protection Act (46 U.S.C. 
2114). 
(18) Section 1012 of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 399d). 
(b) CLARIFICATION.—Any protections, rights, privi-
leges, or remedies available to a covered employee under 
the provisions of law described in subsection (a), which 
are additional to and not inconsistent with those set forth 
in section 102, shall not be limited by subsection (a). To 
the extent that any such provisions are inconsistent with 
section 102, such provisions shall, at the request of a com-
plainant, be given effect over any inconsistent provision 
in section 102. 
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-
tigation by the Commission, or required in connection with 
a hearing. 
(b) MONITORING
OF COMPLAINTS REMOVED
TO 
FEDERAL DISTRICT COURT.—The Administrator shall re-
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view the decision in each action removed to a district court 
of the United States under section 103(b)(11) to deter-
mine whether an employer violated an applicable law, and 
upon determining that an applicable law was so violated, 
notify the appropriate public body having jurisdiction over 
the violation of the applicable law regarding such violation. 
(c) 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. 
(d) 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. 
(e) ANNUAL REPORTS.— 
(1) ADMINISTRATOR.—The Administrator shall 
annually— 
(A) transmit a report to Congress detailing 
the activities of the Office during the previous 
year, including information relating to the num-
ber and nature of complaints filed, the number 
of merit and non-merit cases, the number of 
such complaints disposed of without investiga-
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tion, the number of complaints that have not 
received an adjudication within the time period 
required under this Act and the duration of the 
delay for such complaints, investigations con-
ducted, orders issued, and statistics related to 
settlements; and 
(B) make available the full text of all set-
tlements approved by the Office, following the 
elimination from such text of all personal iden-
tifying information about the complainant, the 
employer, and any other party. 
(2) APPROVED SETTLEMENTS.—No settlement 
approved by the Office may prohibit the disclosure 
described in paragraph (1)(B). 
(f) STUDY
ON TRANSITION
TO WHISTLEBLOWER 
PROTECTION OFFICE.— 
(1) ONE YEAR AFTER ENACTMENT.—Not later 
than 6 months after the date of enactment of this 
Act, the Comptroller General shall initiate a review 
of the Secretary’s progress in establishing the Whis-
tleblower Protection Office as required under section 
201, and not later than 1 year after such date of en-
actment, provide a report to the Congress on the ef-
fectiveness of the transition, including— 
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(A) whether existing funds, staff, informa-
tion systems, and authorities have been prop-
erly transferred to the Office and make rec-
ommendations as necessary; and 
(B) the status of cases currently before the 
Office, the progress made by the Office in elimi-
nating the current backlog of whistleblower 
cases, and the plans of the Office for ensuring 
that the backlog is eliminated. 
(2) TWO YEARS AFTER ENACTMENT.—Not later 
than 2 years after such date of enactment, the 
Comptroller General shall report to Congress on— 
(A) whether the Office’s operational proce-
dures have been established, whether necessary 
regulations have been promulgated, whether 
there are adequate internal controls, whether 
program outcomes are being effectively meas-
ured, whether previous recommendations re-
garding this program have been effectively im-
plemented, whether investigative and super-
visory staff have received necessary training 
and equipment, whether the Office is fulfilling 
its mission to fairly, efficiently, and effectively 
investigate whistleblower complaints, assure 
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timely enforcement, and to fully implement the 
statutory authorities assigned to the Office; and 
(B) the information described in paragraph 
(1)(B). 
TITLE III—CONFORMING 
AMENDMENTS 
SEC. 301. OCCUPATIONAL SAFETY AND HEALTH ACT OF 
1970. 
(a) EMPLOYEE ACTIONS.—Section 11(c)(1) of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 
660(c)(1)) is amended— 
(1) by striking ‘‘discharge’’ and all that follows 
through ‘‘because such’’ and inserting the following: 
‘‘discharge or cause to be discharged, or in any man-
ner discriminate against or cause to be discriminated 
against, any employee because— 
‘‘(A) such’’; 
(2) by striking ‘‘this Act or has’’ and inserting 
the following: ‘‘this Act; 
‘‘(B) such employee has’’; 
(3) by striking ‘‘in any such proceeding or be-
cause of the exercise’’ and inserting the following: 
‘‘before Congress or in any Federal or State pro-
ceeding related to safety or health; 
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‘‘(C) such employee has refused to violate any 
provision of this Act; or 
‘‘(D) of the exercise’’; and 
(4) by inserting before the period at the end the 
following: ‘‘, including the reporting of any injury, 
illness, or unsafe condition to the employer, agent of 
the employer, safety and health committee involved, 
or employee safety and health representative in-
volved’’. 
(b) PROHIBITION OF RETALIATION.—Section 11(c) 
of such Act (29 U.S.C. 660(c)) is amended by striking 
paragraph (2) and inserting the following: 
‘‘(2) PROHIBITION OF RETALIATION.—(A) No 
person shall discharge, or cause to be discharged, or 
in any manner discriminate against, or cause to be 
discriminated against, an employee for refusing to 
perform the employee’s duties if the employee has a 
reasonable apprehension that performing such duties 
would result in serious injury to, or serious impair-
ment of the health of, the employee or other employ-
ees. 
‘‘(B) For purposes of subparagraph (A), the 
circumstances causing the employee’s good-faith be-
lief that performing such duties would pose a safety 
or health hazard shall be of such a nature that a 
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reasonable person, under the circumstances con-
fronting the employee, would conclude that there is 
such a hazard. In order to qualify for protection 
under this paragraph, the employee, when prac-
ticable, shall have communicated or attempted to 
communicate the safety or health concern to the em-
ployer and have not received from the employer a re-
sponse reasonably calculated to allay such concern.’’. 
(c) PROCEDURE.—Section 11(c) of such Act (29 
U.S.C. 660(c)) is amended by striking paragraph (3) and 
inserting the following: 
‘‘(3) COMPLAINT.—Any employee who believes 
that the employee has been discharged, disciplined, 
or otherwise discriminated against by any person in 
violation of paragraph (1) or (2) may seek relief for 
such violation by filing a complaint with the Sec-
retary under paragraph (5). 
‘‘(4) STATUTE OF LIMITATIONS.— 
‘‘(A) IN GENERAL.—An employee may take 
the action permitted by paragraph (3)(A) not 
later than 180 days after the later of— 
‘‘(i) the date on which an alleged vio-
lation of paragraph (1) or (2) occurs; or 
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‘‘(ii) the date on which the employee 
knows or should reasonably have known 
that such alleged violation occurred. 
‘‘(B) 
REPEAT
VIOLATION.—Except 
in 
cases when the employee has been discharged, 
a violation of paragraph (1) or (2) shall be con-
sidered to have occurred on the last date an al-
leged repeat violation occurred. 
‘‘(5) INVESTIGATION.— 
‘‘(A) IN
GENERAL.—An employee may, 
within the time period required under para-
graph (4)(B), file a complaint with the Sec-
retary alleging a violation of paragraph (1) or 
(2). If the complaint alleges a prima facie case, 
the Secretary shall conduct an investigation of 
the allegations in the complaint, which— 
‘‘(i) shall include— 
‘‘(I) interviewing the complain-
ant; 
‘‘(II) providing the respondent an 
opportunity to— 
‘‘(aa) submit to the Sec-
retary a written response to the 
complaint; and 
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‘‘(bb) meet with the Sec-
retary to present statements from 
witnesses or provide evidence; 
and 
‘‘(III) providing the complainant 
an opportunity to— 
‘‘(aa) receive any statements 
or evidence provided to the Sec-
retary; 
‘‘(bb) meet with the Sec-
retary; and 
‘‘(cc) rebut any statements 
or evidence; and 
‘‘(ii) may include issuing subpoenas 
for the purposes of such investigation. 
‘‘(B) DECISION.—Not later than 90 days 
after the filing of the complaint, the Secretary 
shall— 
‘‘(i) determine whether reasonable 
cause exists to believe that a violation of 
paragraph (1) or (2) has occurred; and 
‘‘(ii) issue a decision granting or de-
nying relief. 
‘‘(6) PRELIMINARY ORDER FOLLOWING INVES-
TIGATION.—If, after completion of an investigation 
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under paragraph (5)(A), the Secretary finds reason-
able cause to believe that a violation of paragraph 
(1) or (2) has occurred, the Secretary shall issue a 
preliminary order providing relief authorized under 
paragraph (14) at the same time the Secretary 
issues a decision under paragraph (5)(B). If a de 
novo hearing is not requested within the time period 
required under paragraph (7)(A)(i), such prelimi-
nary order shall be deemed a final order of the Sec-
retary and is not subject to judicial review. 
‘‘(7) HEARING.— 
‘‘(A) REQUEST FOR HEARING.— 
‘‘(i) IN GENERAL.—A de novo hearing 
on the record before an administrative law 
judge may be requested— 
‘‘(I) by the complainant or re-
spondent within 30 days after receiv-
ing notification of a decision granting 
or denying relief issued under para-
graph (5)(B) or paragraph (6) respec-
tively; 
‘‘(II) by the complainant within 
30 days after the date the complaint 
is dismissed without investigation by 
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the production of any evidence (including 
any books, papers, documents, or record-
ings) relating to the matter under consid-
eration. 
‘‘(iii) DECISION.—The administrative 
law judge shall issue a decision not later 
than 90 days after the date on which a 
hearing was requested under this para-
graph and promptly notify, in writing, the 
parties and the Secretary of such decision, 
including the findings of fact and conclu-
sions of law. If the administrative law 
judge finds that a violation of paragraph 
(1) or (2) has occurred, the judge shall 
issue an order for relief under paragraph 
(14). If review under paragraph (8) is not 
timely requested, such order shall be 
deemed a final order of the Secretary that 
is not subject to judicial review. 
‘‘(8) ADMINISTRATIVE APPEAL.— 
‘‘(A) IN
GENERAL.—Not later than 30 
days after the date of notification of a decision 
and order issued by an administrative law judge 
under paragraph (7), the complainant or re-
spondent may file, with objections, an adminis-
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trative appeal with an administrative review 
body designated by the Secretary under title IV 
of the Private Sector Whistleblower Protection 
Streamlining Act of 2012 (in this subsection re-
ferred to as the ‘review board’). 
‘‘(B) STANDARD OF REVIEW.—In review-
ing the decision and order of the administrative 
law judge, the review board shall affirm the de-
cision and order if it is determined that the fac-
tual findings set forth therein are supported by 
substantial evidence and the decision and order 
are made in accordance with applicable law. 
‘‘(C) DECISIONS.—If the review board 
grants an administrative appeal, the review 
board shall issue a final decision and order af-
firming or reversing, in whole or in part, the 
decision under review by not later than 90 days 
after receipt of the administrative appeal. If it 
is determined that a violation of paragraph (1) 
or (2) has occurred, the review board shall issue 
a final decision and order providing relief au-
thorized under paragraph (14). Such decision 
and order shall constitute final agency action 
with respect to the matter appealed. 
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‘‘(9) SETTLEMENT
IN
THE
ADMINISTRATIVE 
PROCESS.— 
‘‘(A) IN
GENERAL.—At any time before 
issuance of a final order, an investigation or 
proceeding under this subsection may be termi-
nated on the basis of a settlement agreement 
entered into by the parties. 
‘‘(B) PUBLIC POLICY CONSIDERATIONS.— 
Neither the Secretary, an administrative law 
judge, nor the review board conducting a hear-
ing under this subsection shall accept a settle-
ment that contains conditions conflicting with 
the rights protected under this Act or that are 
contrary to public policy, including a restriction 
on a complainant’s right to future employment 
with employers other than the specific employ-
ers named in a complaint. 
‘‘(10) INACTION BY THE REVIEW BOARD OR AD-
MINISTRATIVE LAW JUDGE.— 
‘‘(A) IN GENERAL.—The complainant may 
bring a de novo action described in subpara-
graph (B) if— 
‘‘(i) an administrative law judge has 
not issued a decision and order within the 
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90-day time period required under para-
graph (7)(B)(iii); or 
‘‘(ii) the review board has not issued 
a decision and order within the 90-day 
time period required under paragraph 
(8)(C). 
‘‘(B) DE NOVO ACTION.—Such de novo ac-
tion may be brought at law or equity in the 
United States district court for the district 
where a violation of paragraph (1) or (2) alleg-
edly occurred or where the complainant resided 
on the date of such alleged violation. The court 
shall have jurisdiction over such action without 
regard to the amount in controversy and to 
order appropriate relief under paragraph (14). 
Such action shall, at the request of either party 
to such action, be tried by the court with a 
jury. 
‘‘(11) JUDICIAL REVIEW.— 
‘‘(A) TIMELY APPEAL TO THE COURT OF 
APPEALS.—Any party adversely affected or ag-
grieved by a final decision and order issued 
under this subsection may obtain review of such 
decision and order in the United States Court 
of Appeals for the circuit where the violation, 
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with respect to which such final decision and 
order was issued, allegedly occurred or where 
the complainant resided on the date of such al-
leged violation. To obtain such review, a party 
shall file a petition for review not later than 60 
days after the final decision and order was 
issued. Such review shall conform to chapter 7 
of title 5, United States Code. The commence-
ment of proceedings under this subparagraph 
shall not, unless ordered by the court, operate 
as a stay of the final decision and order. 
‘‘(B) LIMITATION
ON
COLLATERAL
AT-
TACK.—An order and decision with respect to 
which review may be obtained under subpara-
graph (A) shall not be subject to judicial review 
in any criminal or other civil proceeding. 
‘‘(12) ENFORCEMENT
OF
ORDER.—If a re-
spondent fails to comply with an order issued under 
this subsection, the Secretary or the complainant on 
whose behalf the order was issued may file a civil ac-
tion for enforcement 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 complainant file such action, the 
action of the Secretary shall take precedence. The 
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district court shall have jurisdiction to grant all ap-
propriate relief described in paragraph (14). 
‘‘(13) BURDENS OF PROOF.— 
‘‘(A) CRITERIA FOR DETERMINATION.—In 
making a determination or adjudicating a com-
plaint pursuant to this subsection, the Sec-
retary, administrative law judge, review board, 
or a court may determine that a violation of 
paragraph (1) or (2) has occurred only if the 
complainant demonstrates that any conduct de-
scribed in paragraph (1) or (2) with respect to 
the complainant was a contributing factor in 
the adverse action alleged in the complaint. 
‘‘(B) PROHIBITION.—Notwithstanding sub-
paragraph (A), a decision or order that is favor-
able to the complainant shall not be issued in 
any administrative or judicial action pursuant 
to this subsection if the respondent dem-
onstrates by clear and convincing evidence that 
the respondent would have taken the same ad-
verse action in the absence of such conduct. 
‘‘(14) RELIEF.— 
‘‘(A) ORDER
FOR
RELIEF.—If the Sec-
retary, administrative law judge, review board, 
or a court determines that a violation of para-
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graph (1) or (2) has occurred, the Secretary or 
court, respectively, shall have jurisdiction to 
order all appropriate relief, including injunctive 
relief and compensatory and exemplary dam-
ages, including— 
‘‘(i) affirmative action to abate the 
violation; 
‘‘(ii) reinstatement without loss of po-
sition or seniority, and restoration of the 
terms, rights, conditions, and privileges as-
sociated with the complainant’s employ-
ment, including opportunities for pro-
motions to positions with equivalent or bet-
ter compensation for which the complain-
ant is qualified; 
‘‘(iii) compensatory and consequential 
damages sufficient to make the complain-
ant whole, (including back pay, prejudg-
ment interest, and other damages); 
‘‘(iv) expungement of 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-
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tion, and, at the complainant’s direction, 
transmission of a copy of the decision on 
the complaint to any person whom the 
complainant reasonably believes may have 
received such unfavorable information; and 
‘‘(v) notwithstanding section 9, civil 
penalties not to exceed $100,000, which 
may be assessed by the Secretary as part 
of a preliminary order or by the adminis-
trative law judge following a request by the 
Secretary. 
‘‘(B) ATTORNEYS’ FEES
AND
COSTS.—If 
the Secretary or an administrative law judge, 
review board, or court grants an order for relief 
under subparagraph (A), the Secretary, admin-
istrative law judge, review board, or court, re-
spectively, shall assess, at the request of the 
employee against the employer— 
‘‘(i) reasonable attorneys’ fees; and 
‘‘(ii) costs (including expert witness 
fees) reasonably incurred, as determined 
by the Secretary, administrative law judge, 
review board, or court, respectively, in con-
nection with bringing the complaint upon 
which the order was issued. 
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‘‘(15) PROCEDURAL RIGHTS.—The rights and 
remedies provided for in this subsection may not be 
waived by any agreement, policy, form, or condition 
of employment, including by any pre-dispute arbitra-
tion agreement or collective bargaining agreement. 
‘‘(16) SAVINGS.—Nothing in this subsection 
shall be construed to diminish the rights, privileges, 
or remedies of any employee who exercises rights 
under any Federal or State law or common law, or 
under any collective bargaining agreement. 
‘‘(17) ELECTION OF VENUE.— 
‘‘(A) IN
GENERAL.—An employee of an 
employer who is located in a State that has a 
State plan approved under section 18 may file 
a complaint alleging a violation of paragraph 
(1) or (2) by such employer with— 
‘‘(i) the Secretary under paragraph 
(5); or 
‘‘(ii) a State plan administrator in 
such State. 
‘‘(B) REFERRALS.—If— 
‘‘(i) the Secretary receives a complaint 
pursuant to subparagraph (A)(i), the Sec-
retary shall not refer such complaint to a 
State plan administrator for resolution; or 
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‘‘(ii) a State plan administrator re-
ceives a complaint pursuant to subpara-
graph (A)(ii), the State plan administrator 
shall not refer such complaint to the Sec-
retary for resolution.’’. 
(d) RELATION TO ENFORCEMENT.—Section 17(j) of 
such Act (29 U.S.C. 666) is amended by inserting before 
the period the following: ‘‘, including the history of viola-
tions under section 11(c)’’. 
(e) EFFECTIVE DATE.— 
(1) GENERAL
RULE.—Except as provided in 
paragraph (1), the amendments made by this section 
shall take effect not later than 90 days after the 
date of the enactment of this Act. 
(2) EXCEPTION
FOR
STATES
AND
POLITICAL 
SUBDIVISIONS.—Notwithstanding paragraph (1), a 
State that has a State plan approved under section 
18 of the Occupational Safety and Health Act of 
1970 (29 U.S.C. 667) shall amend its State plan to 
conform with the requirements of the amendments 
made by this section not later than 12 months after 
the date of enactment of this Act, except that if the 
State’s legislature is not in session during the 12- 
month period beginning on the date of the enact-
ment of this Act, the Secretary of Labor may extend 
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the period for the State to make such amendments 
to its State plan by not more than 12 months. Such 
amendments to the State plan shall take effect not 
later than 90 days after the adoption of such 
amendments by such State. 
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 to read 
as follows: 
‘‘(c) PROTECTION FROM RETALIATION.— 
‘‘(1) RETALIATION PROHIBITED.— 
‘‘(A) RETALIATION
FOR
COMPLAINT
OR 
TESTIMONY.—No person shall discharge or in 
any manner discriminate against or cause to be 
discharged or cause discrimination against or 
otherwise interfere with the exercise of the stat-
utory rights of any miner or other employee of 
an operator, representative of miners, or appli-
cant for employment (including the spouse, sib-
ling, child, or parent of such miner or employee, 
if such individual is employed or is applying for 
employment at a mine under the control of the 
operator), because— 
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‘‘(i) such miner or other employee, 
representative, or applicant for employ-
ment— 
‘‘(I) has filed or made a com-
plaint, is about to file or make a com-
plaint (or is perceived to have filed or 
be about to file such a complaint), in-
cluding a complaint notifying the op-
erator or the operator’s agent, or the 
representative of the miners at the 
coal or other mine of an alleged dan-
ger or safety or health violation in a 
coal or other mine; 
‘‘(II) instituted or caused to be 
instituted, or is about to institute or 
cause to be instituted (or is perceived 
to have instituted or be about to insti-
tute such a complaint), any pro-
ceeding under or related to this Act or 
has testified or is about to testify in 
any such proceeding or because of the 
exercise by such miner or other em-
ployee, representative, or applicant for 
employment on behalf of him or her-
self or others of any right afforded by 
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to the miner or other employee or to any 
other miner or employee. 
‘‘(ii) STANDARD.—For purposes of 
clause (i), the circumstances causing the 
miner’s or other employee’s good-faith be-
lief that performing such duties would pose 
a safety or health hazard shall be of such 
a nature that a reasonable person, under 
the circumstances confronting the miner or 
other employee, would conclude that there 
is such a hazard. In order to qualify for 
protection under this paragraph, the miner 
or other employee, when practicable, shall 
have communicated or attempted to com-
municate the safety or health concern to 
the operator and have not received from 
the operator a response reasonably cal-
culated to allay such concern. 
‘‘(2) COMPLAINT.—Any miner or other em-
ployee or representative of miners or applicant for 
employment who believes that he or she has been 
discharged, disciplined, or otherwise discriminated 
against by any person in violation of paragraph (1) 
may file a complaint with the Secretary alleging 
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such discrimination not later than 180 days after 
the later of— 
‘‘(A) the last date on which an alleged vio-
lation of paragraph (1) occurs; or 
‘‘(B) the date on which the miner or other 
employee or representative knows or should rea-
sonably have known that such alleged violation 
occurred, or in the case of a violation that is a 
repeated violation, the last date on which the 
whistleblower knows or should reasonably have 
known that such violation occurred. 
‘‘(3) INVESTIGATION AND HEARING.— 
‘‘(A) COMMENCEMENT OF INVESTIGATION 
AND
INITIAL
DETERMINATION.—Upon receipt 
of such complaint, the Secretary shall forward 
a copy of the complaint to the respondent, and 
shall commence an investigation within 15 days 
of the Secretary’s receipt of the complaint, and, 
as soon as practicable after commencing such 
investigation, make the determination required 
under subparagraph (B) regarding the rein-
statement of the miner or other employee. 
‘‘(B) REINSTATEMENT.—If the Secretary 
finds that such complaint was not frivolously 
brought, the Commission, on an expedited basis 
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upon application of the Secretary, shall order 
the immediate reinstatement of the miner or 
other employee until there has been a final 
Commission order disposing of the underlying 
complaint of the miner or other employee. If ei-
ther the Secretary or the miner or other em-
ployee pursues the underlying complaint, such 
reinstatement shall remain in effect until the 
Commission has disposed of such complaint on 
the merits, regardless of whether the Secretary 
pursues such complaint by filing a complaint 
under subparagraph (D) or the miner or other 
employee pursues such complaint by filing an 
action under paragraph (4). If neither the Sec-
retary nor the miner or other employee pursues 
the underlying complaint within the periods 
specified in paragraph (4), such reinstatement 
shall remain in effect until such time as the 
Commission may, upon motion of the operator 
and after providing notice and an opportunity 
to be heard to the parties, vacate such com-
plaint for failure to prosecute. 
‘‘(C) INVESTIGATION.—Such investigation 
shall include interviewing the complainant 
and— 
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‘‘(i) providing the respondent an op-
portunity to submit to the Secretary a 
written response to the complaint and to 
present statements from witnesses or pro-
vide evidence; and 
‘‘(ii) providing the complainant an op-
portunity to receive any statements or evi-
dence provided to the Secretary and to 
provide additional information or evidence, 
or rebut any statements or evidence. 
‘‘(D) ACTION
BY
THE
SECRETARY.—If, 
upon such investigation, the Secretary deter-
mines that the provisions of this subsection 
have been violated, the Secretary shall imme-
diately file a complaint with the Commission, 
with service upon the alleged violator and the 
miner or other employee, applicant for employ-
ment, and representative of miners alleging 
such discrimination or interference and propose 
an order granting appropriate relief. 
‘‘(E) ACTION OF THE COMMISSION.—The 
Commission shall afford an opportunity for a 
hearing on the record (in accordance with sec-
tion 554 of title 5, United States Code, but 
without regard to subsection (a)(3) of such sec-
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tion) and thereafter shall issue an order, based 
upon findings of fact, affirming, modifying, or 
vacating the Secretary’s proposed order, or di-
recting other appropriate relief. Such order 
shall become final 30 days after its issuance. 
The complaining miner or other employee, rep-
resentative, or applicant for employment may 
present additional evidence on his or her own 
behalf during any hearing held pursuant to this 
paragraph. 
‘‘(F) RELIEF.—The Commission shall have 
authority in such proceedings to require a per-
son committing a violation of this subsection to 
take such affirmative action to abate the viola-
tion and prescribe a remedy as the Commission 
considers appropriate, including— 
‘‘(i) the rehiring or reinstatement of 
the miner or other employee with back pay 
and interest and without loss of position or 
seniority, and restoration of the terms, 
rights, conditions, and privileges associated 
with the complainant’s employment; 
‘‘(ii) any other compensatory and con-
sequential damages sufficient to make the 
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complainant whole, and exemplary dam-
ages where appropriate; and 
‘‘(iii) expungement of 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, 
transmission of a copy of the decision on 
the complaint to any person whom the 
complainant reasonably believes may have 
received such unfavorable information. 
‘‘(4) NOTICE TO AND ACTION OF COMPLAIN-
ANT.— 
‘‘(A) NOTICE
TO
COMPLAINANT.—Not 
later than 90 days of the receipt of a complaint 
filed under paragraph (2), the Secretary shall 
notify, in writing, the miner or other employee, 
applicant for employment, or representative of 
miners of his determination whether a violation 
has occurred. 
‘‘(B) ACTION
OF
COMPLAINANT.—If the 
Secretary, upon investigation, determines that 
the provisions of this subsection have not been 
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violated, the complainant shall have the right, 
within 30 days after receiving notice of the Sec-
retary’s determination, to file an action in his 
or her own behalf before the Commission, 
charging discrimination or interference in viola-
tion of paragraph (1). 
‘‘(C) HEARING AND DECISION.—The Com-
mission shall afford an opportunity for a hear-
ing on the record (in accordance with section 
554 of title 5, United States Code, but without 
regard to subsection (a)(3) of such section), 
and thereafter shall issue an order, based upon 
findings of fact, dismissing or sustaining the 
complainant’s charges and, if the charges are 
sustained, granting such relief as it deems ap-
propriate as described in paragraph (3)(D). 
Such order shall become final 30 days after its 
issuance. 
‘‘(5) BURDEN OF PROOF.—In adjudicating a 
complaint pursuant to this subsection, the Commis-
sion may determine that a violation of paragraph (1) 
has occurred only if the complainant demonstrates 
that any conduct described in paragraph (1) with re-
spect to the complainant was a contributing factor 
in the adverse action alleged in the complaint. A de-
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cision or order that is favorable to the complainant 
shall not be issued pursuant to this subsection if the 
respondent demonstrates by clear and convincing 
evidence that the respondent would have taken the 
same adverse action in the absence of such conduct. 
‘‘(6) ATTORNEYS’ FEES.—Whenever an order is 
issued sustaining the complainant’s charges under 
this subsection, a sum equal to the aggregate 
amount of all costs and expenses, including attor-
ney’s fees, as determined by the Commission to have 
been reasonably incurred by the complainant for, or 
in connection with, the institution and prosecution of 
such proceedings shall be assessed against the per-
son committing such violation. The Commission 
shall determine whether such costs and expenses 
were reasonably incurred by the complainant without 
reference to whether the Secretary also participated 
in the proceeding. 
‘‘(7) EXPEDITED PROCEEDINGS; JUDICIAL RE-
VIEW.—Proceedings under this subsection shall be 
expedited by the Secretary and the Commission. Any 
order issued by the Commission under this sub-
section shall be subject to judicial review in accord-
ance with section 106. Violations by any person of 
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paragraph (1) shall be subject to the provisions of 
sections 108 and 110(a)(4). 
‘‘(8) PROCEDURAL
RIGHTS.—The rights and 
remedies provided for in this subsection may not be 
waived by any agreement, policy, form, or condition 
of employment, including by any pre-dispute arbitra-
tion agreement or collective bargaining agreement. 
‘‘(9) SAVINGS.—Nothing in this subsection shall 
be construed to diminish the rights, privileges, or 
remedies of any employee who exercises rights under 
any Federal or State law or common law, or under 
any collective bargaining agreement.’’. 
SEC. 303. AMENDMENT TO TITLE 18 PROVISIONS RELATED 
TO THE SARBANES-OXLEY ACT OF 2002. 
Section 1514A(a) of title 18, United States Code, is 
amended by inserting ‘‘, whether employed inside or out-
side the United States,’’ after ‘‘any other manner discrimi-
nate against an employee’’. 
SEC. 304. ENERGY REORGANIZATION ACT OF 1974. 
Section 211(a)(2) of the Energy Reorganization Act 
of 1974 (42 U.S.C. 5851(a)(2)) is amended by redesig-
nating subparagraphs (F) and (G) as subparagraphs (G) 
and (H), respectively, and inserting after subparagraph 
(E) the following: 
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‘‘(F) a Federal agency to the extent such 
agency is a licensee or applicant for a license 
under subparagraph (A) or (B);’’. 
TITLE IV—ADMINISTRATIVE 
REVIEW BOARD 
SEC. 401. ADMINISTRATIVE REVIEW BOARD. 
(a) ESTABLISHMENT.—Not later than 90 days after 
the date of enactment of this Act, there is established an 
Administrative Review Board (in this section referred to 
as the ‘‘Board’’) within the Department of Labor which 
shall be composed of 5 members appointed by the Sec-
retary, not more than 3 of whom may be adherents of the 
same political party. No member of the Board may hold 
another office or position in the Government of the United 
States, except as otherwise provided by law or at the direc-
tion of the Secretary. 
(b) APPOINTMENT.—The members of the Board shall 
be individuals who, by ability, background, training, or ex-
perience are especially qualified to carry out the functions 
of the Board. The Secretary shall appoint these members 
in consultation with the Chairs and Ranking Members of 
the House Committee on Education and the Workforce 
and the Senate Committee on Health, Education, Labor, 
and Pensions. 
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(c) QUORUM; PANELS.—For the purposes of carrying 
out its functions under this Act and any other area in 
which the Secretary delegates his or her authority, 3 mem-
bers of the Board shall constitute a quorum and official 
actions can be taken only on the affirmative vote of 2 
members. The Board may delegate its authority to panels 
comprised of three members of the Board. Any party ag-
grieved by a decision of a panel of the Board may, within 
10 days after the date of entry of the decision, petition 
the full Board for review of the panel’s decision. Upon an 
affirmative vote of the majority of the Board, the petition 
for hearing by the full Board shall be granted. 
(d) TERMS OF OFFICE; FILLING VACANCIES; RE-
MOVAL.— 
(1) TERMS.—Each member shall be appointed 
to a single 5-year term, which shall be staggered so 
that no more than one vacancy is scheduled per 
year. The initial 5 members shall be appointed to 
terms of the following lengths: 1 year, 2 years, 3 
years, 4 years, and 5 years. 
(2) VACANCIES.—A member appointed to fill a 
vacancy occurring before the end of a term of office 
for the member’s predecessor serves for the remain-
der of that term. Any appointment is subject to the 
terms of subsection (b). A member appointed ini-
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tially to a 5-year term, may not be reappointed to 
another 5-year term, but members appointed to fill 
a vacancy may be appointed to their own full 5-year 
term. Upon expiration of his or her term, the mem-
ber may continue to serve until a successor is ap-
pointed and has qualified, except that such member 
may not continue to serve for more than one year 
after the date on which his or her term expired. 
(3) REMOVAL.—A member may be removed by 
the Secretary only for inefficiency, neglect of duty, 
or malfeasance in office. 
(e) CHAIR
AND VICE CHAIR.—The Secretary of 
Labor shall from time to time appoint one of the members 
of the Board as Chair of the Board. The Chair is the chief 
executive and administrative officer of the Board, and 
shall have the authority to exercise all administrative func-
tions necessary to operate the Board. The Secretary of 
Labor shall from time to time designate one of the mem-
bers of the Board as Vice Chair of the Board, with such 
duties and responsibilities as the Secretary shall prescribe. 
During the absence or disability of the Chair, or when the 
office of Chair is vacant, the Vice Chair shall perform the 
functions vested in the Chair. During the absence or dis-
ability of both the Chair and Vice Chair, the Secretary 
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shall designate one of the remaining Board members to 
perform the functions vested in the Chair and Vice Chair. 
(f) JURISDICTION AND AUTHORITY.— 
(1) IN GENERAL.—The Board shall have juris-
diction and authority to decide appeals from admin-
istrative decisions and issue final agency decisions 
on behalf of the Secretary of Labor with respect to 
all matters delegated or prescribed by order of the 
Secretary of Labor or pursuant to any other law, 
rule, or regulation. 
(2) SUPERSEDURE.—The Board shall supersede 
in function and authority the Administrative Review 
Board established by the Secretary of Labor pursu-
ant to the Secretary’s order 1–2000 (67 Fed. Reg. 
64272) effective 90 days after the date of the enact-
ment of this Act. 
(g) PAY.—The members of the Board shall receive 
compensation not to exceed level III of the Executive 
Schedule. 
Æ 
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