S.Amdt. 1438

1. Adds SEC. ___. WHISTLEBLOWER PROTECTIONS wherever appropriate

   Adds a section

   Inserted: SEC. ___. WHISTLEBLOWER PROTECTIONS.

   Inserted: (a) In General.--Section 214(c) (8 U.S.C. 1184(c)) is amended by adding at the end the following:

   Inserted: "(15) Whistleblower protections.--

   Inserted: "(A) Prohibitions.--A person may not discharge, demote, suspend, threaten, harass, or in any other manner discriminate against an employee in the terms and conditions of employment because such employee--

   Inserted: "(i) has filed or is about to file a complaint, instituted or caused to be instituted any proceeding, testified, assisted, or will testify, or cooperated or seeks to cooperate, in an investigation or other proceeding concerning compliance with the requirements under this title or any rule or regulation pertaining to this title or any covered claim;

   Inserted: "(ii) has disclosed or is about to disclose information to the person or to any other person or entity, that the employee reasonably believes evidences a violation of this title or any rule or regulation pertaining to this title, or grounds for any covered claim;

   Inserted: "(iii) has assisted or participated, or is about to assist or participate, in any manner in a proceeding or in any other action to carry out the purposes of this title or any covered claim;

   Inserted: "(iv) furnished, or is about to furnish, information to the Department of Labor, the Department of Homeland Security, the Department of Justice, or any Federal, State, or local regulatory or law enforcement agency relating to a violation of this title or any covered claim; or

   Inserted: "(v) objected to, or refused to participate in, any activity, policy, practice, or assigned task that the employee (or other such person) reasonably believed to be in violation of any provision of this Act or any other Act, or any order, rule, regulation, standard, or ban under any Act.

   Inserted: "(B) Enforcement.--

   Inserted: "(i) In general.--An employee who believes that he or she has suffered a violation of subparagraph (A) may seek relief in accordance with the procedures, notifications, burdens of proof, remedies, and statutes of limitation set forth in section 1514A of title 18, United States Code.

   Inserted: "(ii) Appeal.--

   Show 17 more inserted paragraphsShow less

   Inserted: "(I) Jurisdiction.--Any person adversely affected or aggrieved by an order issued under clause (i) may obtain review of the order in the United States Court of Appeals for--

   Inserted: "(aa) the circuit in which the violation, with respect to which the order was issued, allegedly occurred; or

   Inserted: "(bb) the circuit in which the complainant resided on the date of such violation.

   Inserted: "(II) Filing deadline.--A petition for review under this subparagraph shall be filed not later than 60 days after the date on which the final order was issued by the Secretary of Labor.

   Inserted: "(III) Applicable law.--A review under this subparagraph shall conform to the provisions set forth in chapter 7 of title 5, United States Code.

   Inserted: "(IV) Stay of order.--Unless ordered by the court, the commencement of proceedings under this subparagraph shall not operate as a stay of the order by the Secretary of Labor.

   Inserted: "(C) Education.--Each person, entity, and institution covered by this Act shall--

   Inserted: "(i) prominently communicate to all sectors and ranks of its labor force the rights and responsibilities under this Act; and

   Inserted: "(ii) provide associated education and training to all sectors and ranks of its labor force through notifications, postings, mailings, and training classes, supplemented with publicly accessible online materials on the requirements of, and developments that would affect the implementation of this Act.

   Inserted: "(D) No limitation on rights.--Nothing in this paragraph may be construed to diminish the rights, privileges, or remedies of any employee under any Federal or State law, equity, or under any collective bargaining agreement. The rights and remedies set forth in this paragraph may not be waived by any agreement, policy, form, or condition of employment.

   Inserted: "(E) Definitions.--In this paragraph:

   Inserted: "(i) Covered claim.--The term 'covered claim' means any claim, petition, charge, complaint, or grievance filed with, or submitted to, a Federal, State, or local agency or court, relating to the violation of applicable Federal or State labor or employment laws.

   Inserted: "(ii) Disclose.--The term 'disclose' means to make a formal or informal communication or transmission.

   Inserted: "(iii) Employee.--The term 'employee' means--

   Inserted: "(I) a current or former nonimmigrant alien admitted pursuant to section 101(a)(15)(H)(ii)(B); or

   Inserted: "(II) persons performing or formerly performing substantially the same work as such nonimmigrants in a related workplace.".

   Inserted: (b) Rulemaking.--Not later than 180 days after the date of the enactment of this Act, and after an opportunity for notice and comment, the Secretary of Labor shall promulgate regulations to carry out the amendment made by subsection (a).

   The amendment doesn't say where this goes; the clerk decides.

   Original wording

   At the appropriate place, insert the following:

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As printed