515 
(5) to furnish information to the Secretary of Transportation, the 
Secretary, the National Transportation Safety Board, or another Fed-
eral, State, or local regulatory or law enforcement agency as to the 
facts relating to any accident or incident resulting in injury or death 
to an individual or damage to property occurring in connection with 
public transportation. 
(b) HAZARDOUS SAFETY OR SECURITY CONDITIONS.— 
(1) IN GENERAL.—A public transportation agency, a contractor or 
a subcontractor of the agency, or an officer or employee of the agency, 
shall not discharge, demote, suspend, reprimand, or in any other way 
discriminate against an employee for— 
(A) reporting a hazardous safety or security condition; 
(B) refusing to work when confronted by a hazardous safety or 
security condition related to the performance of the employee’s du-
ties, if the conditions described in paragraph (2) exist; or 
(C) refusing to authorize the use of any safety- or security-re-
lated equipment, track, or structures, if the employee is respon-
sible for the inspection or repair of the equipment, track, or struc-
tures, when the employee believes that the equipment, track, or 
structures are in a hazardous safety or security condition, if the 
conditions described in paragraph (2) exist. 
(2) PROTECTED REFUSAL.—A refusal is protected under subpara-
graphs (B) and (C) of paragraph (1) if— 
(A) the refusal is made in good faith and no reasonable alter-
native to the refusal is available to the employee; 
(B) a reasonable individual in the circumstances then con-
fronting the employee would conclude that— 
(i) the hazardous condition presents an imminent danger of 
death or serious injury; and 
(ii) the urgency of the situation does not allow sufficient 
time to eliminate the danger without the refusal; and 
(C) the employee, where possible, has notified the public trans-
portation agency of the existence of the hazardous condition and 
the intention not to perform further work, or not to authorize the 
use of the hazardous equipment, track, or structures, unless the 
condition is corrected immediately or the equipment, track, or 
structures are repaired properly or replaced. 
(3) LIMITED APPLICABILITY.—Only paragraph (1)(A) applies to se-
curity personnel, including transit police, employed or utilized by a pub-
lic transportation agency to protect riders, equipment, assets, or facili-
ties. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00515
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
516 
(c) ENFORCEMENT ACTION.— 
(1) FILING AND NOTIFICATION.—An individual who believes that he 
or she has been discharged or otherwise discriminated against by a per-
son in violation of subsection (a) or (b) may, not later than 180 days 
after the date on which the violation occurs, file (or have a person file 
on his or her behalf) a complaint with the Secretary of Labor alleging 
the discharge or discrimination. On receipt of a complaint filed under 
this paragraph, the Secretary of Labor shall notify, in writing, the indi-
vidual named in the complaint and the individual’s employer of the fil-
ing of the complaint, the allegations contained in the complaint, the 
substance of evidence supporting the complaint, and the opportunities 
that will be afforded to the individual under paragraph (2). 
(2) INVESTIGATION; PRELIMINARY ORDER.— 
(A) IN GENERAL.—Not later than 60 days after the date of re-
ceipt of a complaint filed under paragraph (1) and after affording 
the individual named in the complaint an opportunity to submit 
to the Secretary of Labor a written response to the complaint and 
an opportunity to meet with a representative of the Secretary of 
Labor to present statements from witnesses, the Secretary of 
Labor shall conduct an investigation and determine whether there 
is reasonable cause to believe that the complaint has merit and no-
tify, in writing, the complainant and the person alleged to have 
committed a violation of subsection (a) or (b) of the Secretary of 
Labor’s findings. If the Secretary of Labor concludes that there 
is a reasonable cause to believe that a violation of subsection (a) 
or (b) has occurred, the Secretary of Labor shall accompany the 
Secretary of Labor’s findings with a preliminary order providing 
the relief prescribed by paragraph (3)(B). Not later than 30 days 
after the date of notification of findings under this paragraph, ei-
ther the person alleged to have committed the violation or the 
complainant may file objections to the findings or preliminary 
order, or both, and request a hearing on the record. The filing of 
objections shall not operate to stay a reinstatement remedy con-
tained in the preliminary order. Hearings shall be conducted expe-
ditiously. If a hearing is not requested in the 30-day period, the 
preliminary order shall be deemed a final order that is not subject 
to judicial review. 
(B) REQUIREMENTS.— 
(i) REQUIRED SHOWING BY COMPLAINANT.—The Secretary 
of Labor shall dismiss a complaint filed under this subsection 
and shall not conduct an investigation otherwise required 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00516
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
517 
under subparagraph (A) unless the complainant makes a 
prima facie showing that any behavior described in subsection 
(a) or (b) was a contributing factor in the unfavorable per-
sonnel action alleged in the complaint. 
(ii) SHOWING BY EMPLOYER.—Notwithstanding a finding 
by the Secretary of Labor that the complainant has made the 
showing required under clause (i), no investigation otherwise 
required under paragraph (A) shall be conducted if the em-
ployer demonstrates, by clear and convincing evidence, that 
the employer would have taken the same unfavorable per-
sonnel action in the absence of that behavior. 
(iii) CRITERION FOR DETERMINATION BY SECRETARY OF 
LABOR.—The Secretary of Labor may determine that a viola-
tion of subsection (a) or (b) has occurred only if the com-
plainant demonstrates that any behavior described in sub-
section (a) or (b) was a contributing factor in the unfavorable 
personnel action alleged in the complaint. 
(iv) PROHIBITION.—Relief may not be ordered under para-
graph (A) if the employer demonstrates by clear and con-
vincing evidence that the employer would have taken the same 
unfavorable personnel action in the absence of that behavior. 
(3) FINAL ORDER.— 
(A) DEADLINE FOR ISSUANCE; SETTLEMENT AGREEMENTS.— 
Not later than 120 days after the date of conclusion of a hearing 
under paragraph (2), the Secretary of Labor shall issue a final 
order providing the relief prescribed by this paragraph or denying 
the complaint. At any time before issuance of a final order, a pro-
ceeding under this subsection may be terminated on the basis of 
a settlement agreement entered into by the Secretary of Labor, 
the complainant, and the person alleged to have committed the 
violation. 
(B) REMEDY.—If, in response to a complaint filed under para-
graph (1), the Secretary of Labor determines that a violation of 
subsection (a) or (b) has occurred, the Secretary of Labor shall 
order the person who committed the violation to— 
(i) take affirmative action to abate the violation; and 
(ii) provide the remedies described in subsection (d). 
(C) ORDER.—If an order is issued under subparagraph (B), the 
Secretary of Labor, at the request of the complainant, shall assess 
against the person against whom the order is issued a sum equal 
to the aggregate amount of all costs and expenses (including attor-
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00517
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
518 
ney and expert witness fees) reasonably incurred, as determined 
by the Secretary of Labor, by the complainant for, or in connec-
tion with, bringing the complaint on which the order was issued. 
(D) FRIVOLOUS COMPLAINTS.—If the Secretary of Labor finds 
that a complaint under paragraph (1) is frivolous or has been 
brought in bad faith, the Secretary of Labor may award to the 
prevailing employer reasonable attorney fees not exceeding $1,000. 
(4) REVIEW.— 
(A) APPEAL TO COURT OF APPEALS.—A person adversely af-
fected or aggrieved by an order issued under paragraph (3) may 
obtain review of the order in the United States Court of Appeals 
for the circuit in which the violation, with respect to which the 
order was issued, allegedly occurred or the circuit in which the 
complainant resided on the date of the violation. The petition for 
review must be filed not later than 60 days after the date of the 
issuance of the final order of the Secretary of Labor. Review shall 
conform to chapter 7 of title 5. The commencement of proceedings 
under this subparagraph shall not, unless ordered by the court, 
operate as a stay of the order. 
(B) LIMITATION ON COLLATERAL ATTACK.—An order of the 
Secretary of Labor with respect to which review could have been 
obtained under subparagraph (A) shall not be subject to judicial 
review in any criminal or other civil proceeding. 
(5) ENFORCEMENT OF ORDER BY SECRETARY OF LABOR.—When a 
person fails to comply with an order issued under paragraph (3), the 
Secretary of Labor may file a civil action in the United States district 
court for the district in which the violation was found to occur to en-
force the order. In actions brought under this paragraph, the district 
courts have jurisdiction to grant all appropriate relief including injunc-
tive relief and compensatory damages. 
(6) ENFORCEMENT OF ORDER BY PARTIES.— 
(A) COMMENCEMENT OF ACTION.—An individual on whose be-
half an order was issued under paragraph (3) may commence a 
civil action against the person to whom the order was issued to 
require compliance with the order. The appropriate United States 
district court has jurisdiction, without regard to the amount in 
controversy or the citizenship of the parties, to enforce the order. 
(B) ATTORNEY FEES.—The court, in issuing a final order under 
this paragraph, may award costs of litigation (including reasonable 
attorney and expert witness fees) to any party when the court de-
termines an award is appropriate. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00518
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS