View all text of Subchapter XVI [§ 621 - § 629]
§ 625. Whistleblower protections
(a) Procedure for reporting problems
(1) Establishment of a reporting procedure
(2) Confidentiality
(3) Acknowledgment of receipt
(4) Steps to address problems
The Secretary—
(A) shall review and consider the information provided in any report submitted under paragraph (1); and
(B) may take action under section 624 of this title if necessary to address any substantiated violation of a requirement under this subchapter identified in the report.
(5) Due process for facility owner or operator
(A) In general
If, upon the review described in paragraph (4), the Secretary determines that a violation of a provision of this subchapter, or a regulation prescribed under this subchapter, has occurred, the Secretary may—
(i) institute a civil enforcement under section 624(a) of this title; or
(ii) if the Secretary makes the determination under section 624(c) of this title, issue an emergency order.
(B) Written orders
The action of the Secretary under paragraph (4) shall be in a written form that—
(i) describes the violation;
(ii) states the authority under which the Secretary is proceeding; and
(iii) describes the standards and procedures for obtaining relief from the order.
(C) Opportunity for review
(D) Expiration of effectiveness of order
(6) Retaliation prohibited
(A) In general
(B) Exception
An employee shall not be entitled to the protections under this section if the employee—
(i) knowingly and willfully makes any false, fictitious, or fraudulent statement or representation; or
(ii) uses any false writing or document knowing the writing or document contains any false, fictitious, or fraudulent statement or entry.
(b) Protected disclosures
Nothing in this subchapter shall be construed to limit the right of an individual to make any disclosure—
(1) protected or authorized under section 2302(b)(8) or 7211 of title 5;
(2) protected under any other Federal or State law that shields the disclosing individual against retaliation or discrimination for having made the disclosure in the public interest; or
(3) to the Special Counsel of an agency, the inspector general of an agency, or any other employee designated by the head of an agency to receive disclosures similar to the disclosures described in paragraphs (1) and (2).
(c) Publication of rights
(d) Protected information
(Pub. L. 107–296, title XXI, § 2105, as added Pub. L. 113–254, § 2(a), Dec. 18, 2014, 128 Stat. 2914.)