519 
(7) DE NOVO REVIEW.—With respect to a complaint under para-
graph (1), if the Secretary of Labor has not issued a final decision 
within 210 days after the filing of the complaint and if the delay is 
not due to the bad faith of the employee, the employee may bring an 
original action at law or equity for de novo review in the appropriate 
district court of the United States, which has jurisdiction over the ac-
tion without regard to the amount in controversy, and which action 
shall, at the request of either party to the action, be tried by the court 
with a jury. The action shall be governed by the same legal burdens 
of proof specified in paragraph (2)(B) for review by the Secretary of 
Labor. 
(d) REMEDIES.— 
(1) IN GENERAL.—An employee prevailing in any action under sub-
section (c) is entitled to all relief necessary to make the employee 
whole. 
(2) DAMAGES.—Relief in an action under subsection (c) (including 
an action described in subsection (c)(7)) includes— 
(A) reinstatement with the same seniority status that the em-
ployee would have had, but for the discrimination; 
(B) any backpay, with interest; and 
(C) compensatory damages, including compensation for any spe-
cial damages sustained as a result of the discrimination, including 
litigation costs, expert witness fees, and reasonable attorney fees. 
(3) PUNITIVE DAMAGES.—Relief in an action under subsection (c) 
may include punitive damages in an amount not to exceed $250,000. 
(e) ELECTION OF REMEDIES.—An employee may not seek protection 
under both this section and another provision of law for the same allegedly 
unlawful act of the public transportation agency. 
(f) NO PREEMPTION.—Nothing in this section preempts or diminishes 
any other safeguards against discrimination, demotion, discharge, suspen-
sion, threats, harassment, reprimand, retaliation, or other manner of dis-
crimination provided by Federal or State law. 
(g) RIGHTS RETAINED BY EMPLOYEE.—Nothing in this section shall be 
construed to diminish the rights, privileges, or remedies of an employee 
under Federal or State law or under a collective bargaining agreement. The 
rights and remedies in this section may not be waived by an agreement, pol-
icy, form, or condition of employment. 
(h) DISCLOSURE OF IDENTITY.— 
(1) IN GENERAL.—Except as provided in paragraph (2), or with the 
written consent of the employee, the Secretary of Transportation or the 
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Secretary may not disclose the name of an employee who has provided 
information described in subsection (a)(1). 
(2) EXCEPTION.— The Secretary of Transportation or the Secretary 
shall disclose to the Attorney General the name of an employee de-
scribed in paragraph (1) if the matter is referred to the Attorney Gen-
eral for enforcement. The Secretary making the disclosure shall provide 
reasonable advance notice to the affected employee if disclosure of that 
individual’s identity or identifying information is to occur. 
(i) PROCESS FOR REPORTING SECURITY PROBLEMS TO THE DEPART-
MENT.— 
(1) ESTABLISHMENT OF PROCESS.—The Secretary shall establish 
through regulations after an opportunity for notice and comment, and 
provide information to the public regarding, a process by which a per-
son may submit a report to the Secretary regarding public transpor-
tation security problems, deficiencies, or vulnerabilities. 
(2) ACKNOWLEDGMENT OF RECEIPT.—If a report submitted under 
paragraph (1) identifies the person making the report, the Secretary 
shall respond promptly to the person and acknowledge receipt of the 
report. 
(3) STEPS TO ADDRESS PROBLEM.—The Secretary shall review and 
consider the information provided in a report submitted under para-
graph (1) and shall take appropriate steps to address any problems or 
deficiencies identified. 
§ 40511. Security background checks of covered individuals 
for public transportation 
(a) DEFINITIONS.—In this section: 
(1) COVERED INDIVIDUAL.—The term ‘‘covered individual’’ means 
an employee of a public transportation agency or a contractor or sub-
contractor of a public transportation agency. 
(2) SECURITY
BACKGROUND
CHECK.—The term ‘‘security back-
ground check’’ means reviewing the following for the purpose of identi-
fying an individual who may pose a threat to transportation security, 
national security, or of terrorism: 
(A) Relevant criminal history databases. 
(B) In the case of an alien (as defined in section 101 of the 
Immigration and Nationality Act (8 U.S.C. 1101)), the relevant 
databases to determine the status of the alien under the immigra-
tion laws of the United States. 
(C) Other relevant information or databases, as determined by 
the Secretary. 
(b) GUIDANCE.— 
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(1) IN
GENERAL.—Guidance, recommendations, suggested action 
items, and other widely disseminated voluntary action items issued by 
the Secretary to a public transportation agency or a contractor or sub-
contractor of a public transportation agency relating to performing a 
security background check of a covered individual shall contain rec-
ommendations on the appropriate scope and application of a security 
background check, including the time period covered, the types of dis-
qualifying offenses, and a redress process for adversely impacted cov-
ered individuals consistent with subsections (c) and (d). 
(2) ADEQUATE REDRESS PROCESS.—If a public transportation agen-
cy or a contractor or subcontractor of a public transportation agency 
performs a security background check on a covered individual to fulfill 
guidance issued by the Secretary under paragraph (1), the Secretary 
shall not consider the guidance fulfilled unless an adequate redress 
process as described in subsection (d) is provided to covered individ-
uals. 
(c) REQUIREMENTS.—If the Secretary issues a rule, regulation or direc-
tive requiring a public transportation agency or contractor or subcontractor 
of a public transportation agency to perform a security background check 
of a covered individual, then the Secretary shall prohibit a public transpor-
tation agency or contractor or subcontractor of a public transportation 
agency from making an adverse employment decision, including removal or 
suspension of the employee, due to the rule, regulation, or directive with re-
spect to a covered individual unless the public transportation agency or con-
tractor or subcontractor of a public transportation agency determines that 
the covered individual— 
(1) has been convicted of, has been found not guilty of by reason 
of insanity, or is under want, warrant, or indictment for a permanent 
disqualifying criminal offense listed in part 1572 of title 49, Code of 
Federal Regulations; 
(2) was convicted of or found not guilty by reason of insanity of an 
interim disqualifying criminal offense listed in part 1572 of title 49, 
Code of Federal Regulations, within 7 years of the date that the public 
transportation agency or contractor or subcontractor of the public 
transportation agency performs the security background check; or 
(3) was incarcerated for an interim disqualifying criminal offense 
listed in part 1572 of title 49, Code of Federal Regulations, and re-
leased from incarceration within 5 years of the date that the public 
transportation agency or contractor or subcontractor of a public trans-
portation agency performs the security background check. 
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(d) REDRESS PROCESS.—If the Secretary issues a rule, regulation, or di-
rective requiring a public transportation agency or contractor or subcon-
tractor of a public transportation agency to perform a security background 
check of a covered individual, the Secretary shall— 
(1) provide an adequate redress process for a covered individual sub-
jected to an adverse employment decision, including removal or suspen-
sion of the employee, due to the rule, regulation, or directive that is 
consistent with the appeals and waiver process established for appli-
cants for commercial motor vehicle hazardous materials endorsements 
and transportation workers at ports, as required by section 70105(c) 
of title 46; and 
(2) have the authority to order an appropriate remedy, including re-
instatement of the covered individual, should the Secretary determine 
that a public transportation agency or contractor or subcontractor of 
a public transportation agency wrongfully made an adverse employment 
decision regarding a covered individual pursuant to the rule, regulation, 
or directive. 
(e) FALSE STATEMENTS.—A public transportation agency or a contractor 
or subcontractor of a public transportation agency may not knowingly mis-
represent to an employee or other relevant person, including an arbiter in-
volved in a labor arbitration, the scope, application, or meaning of rules, 
regulations, directives, or guidance issued by the Secretary related to secu-
rity background check requirements for covered individuals when conducting 
a security background check. The Secretary shall issue a regulation that 
prohibits a public transportation agency or a contractor or subcontractor of 
a public transportation agency from knowingly misrepresenting to an em-
ployee or other relevant person, including an arbiter involved in a labor arbi-
tration, the scope, application, or meaning of rules, regulations, directives, 
or guidance issued by the Secretary related to security background check 
requirements for covered individuals when conducting a security background 
check. 
(f) RIGHTS AND RESPONSIBILITIES.—Nothing in this section shall be 
construed to abridge a public transportation agency’s or a contractor or 
subcontractor of a public transportation agency’s rights or responsibilities 
to make adverse employment decisions permitted by other Federal, State, 
or local laws. Nothing in the section shall be construed to abridge rights 
and responsibilities of covered individuals, a public transportation agency, 
or a contractor or subcontractor of a public transportation agency under 
any other Federal, State, or local laws or collective bargaining agreement. 
(g) NO PREEMPTION OF FEDERAL OR STATE LAW.—Nothing in this sec-
tion shall be construed to preempt a Federal, State, or local law that re-
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