S.Amdt. 1557

SA 1557. Mr. BLUMENTHAL (for himself, Mrs. Murray, Mr. King, and Mr.
Harkin) submitted an amendment intended to be proposed to amendment SA
1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to the bill S.
744, to provide for comprehensive immigration reform and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place in the amendment, insert the
following:

SEC. ___. WHISTLEBLOWER PROTECTIONS.

(a) In General.--Section 214(c) (8 U.S.C. 1184(c)) is
amended by adding at the end the following:
``(15) Whistleblower protections.--
``(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--
``(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;
``(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;
``(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;
``(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
``(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.
``(B) Enforcement.--
``(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.
``(ii) Stay of removal.--The Attorney General and the
Secretary of Homeland Security, after consulting with the
Secretary of Labor and the Secretary of Labor has determined
that a claim filed under this section for a violation of
subparagraph (A) is not frivolous and demonstrates a prima
facie case that a violation has occurred, may stay the
removal of the nonimmigrant from the United States for time
sufficient to participate in an action taken pursuant to this
section. Upon the final disposition of the claim filed under
this section, either by the Secretary of Labor or by a
Federal court, the Secretary of Homeland Security shall
adjust the employee's status consistent with such
disposition. A determination to deny a stay of removal under
this clause shall not deprive an individual of the right to
pursue any other avenue for relief from removal proceedings.
``(iii) Appeal.--

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

``(aa) the circuit in which the violation, with respect to
which the order was issued, allegedly occurred; or
``(bb) the circuit in which the complainant resided on the
date of such violation.

``(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.
``(III) Applicable law.--A review under this subparagraph
shall conform to the provisions set forth in chapter 7 of
title 5, United States Code.
``(IV) Stay of order.--Unless ordered by the court, the
commencement of proceedings under this subparagraph shall not
operate as

[[Page S5031]]

a stay of the order by the Secretary of Labor.

``(C) Education.--Each person, entity, and institution
covered by this Act shall--
``(i) prominently communicate to all sectors and ranks of
its labor force the rights and responsibilities under this
Act; and
``(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.
``(D) No limitation on rights.--Nothing in this paragraph
may be construed to diminish the rights, privileges, or
remedies of any person 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.
``(E) Definitions.--In this paragraph:
``(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.
``(ii) Disclose.--The term `disclose' means to make a
formal or informal communication or transmission.
``(iii) Employee.--The term `employee' means--

``(I) a current or former nonimmigrant alien admitted
pursuant to section 101(a)(15)(H)(ii)(B); or
``(II) persons performing or formerly performing
substantially the same work as such nonimmigrants in a
related workplace.''.

(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).
______