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opment security related initiatives, including re-
search being conducted by— 
(A) the National Academy of Sciences; 
(B) the Department of Transportation, in-
cluding University Transportation Centers and 
other institutes, centers, and simulators funded 
by the Department of Transportation; 
(C) the Technical Support Working Group; 
(D) other Federal departments and agen-
cies; and 
(E) other Federal and private research lab-
oratories, research entities, and universities and 
institutions of higher education, including His-
torically Black Colleges or Universities, and 
Hispanic Serving Institutions or Tribal Univer-
sities, with the capability to conduct both prac-
tical and theoretical research and technical sys-
tems analysis on subjects that include bridge, 
tunnel, blast, and infrastructure protection; 
(3) carry out any research and development 
project authorized by this section through a reim-
bursable agreement with the appropriate agency or 
entity official, if the agency or entity— 
(A) is currently sponsoring a research and 
development project in a similar area; or 
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(B) has a unique facility or capability that 
would be useful in carrying out the project; 
(4) award grants, cooperative agreements, con-
tracts, other transactions, or reimbursable agree-
ments to the entities described in subsection (c)(2) 
and shall adopt necessary procedures, including au-
dits, to ensure that awards made under this section 
are expended in accordance with the purposes of this 
title and the priorities and other criteria developed 
by the Secretary; and 
(5) make reasonable efforts to enter into memo-
randa of understanding, contracts, grants, coopera-
tive agreements, or other transactions with owners 
and operators of freight and intercity passenger rail 
and over-the-road bus facilities willing to contribute 
both physical space and other resources. 
(d) PRIVACY AND CIVIL RIGHTS AND CIVIL LIB-
ERTIES ISSUES.— 
(1) CONSULTATION.—In carrying out research 
and development projects under this section, the 
Secretary shall consult with the Chief Privacy Offi-
cer of the Department and the Officer for Civil 
Rights and Civil Liberties of the Department as ap-
propriate and in accordance with section 222 of the 
Homeland Security Act of 2002 (6 U.S.C. 142). 
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(2) PRIVACY
IMPACT
ASSESSMENTS.—In ac-
cordance with sections 222 and 705 of the Home-
land Security Act of 2002 (6 U.S.C. 142; 345), the 
Chief Privacy Officer shall conduct privacy impact 
assessments and the Officer for Civil Rights and 
Civil Liberties shall conduct reviews, as appropriate, 
for research and development initiatives developed 
under this section. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry 
out this section— 
(1) $50,000,000 for fiscal year 2008; 
(2) $50,000,000 for fiscal year 2009; 
(3) $50,000,000 for fiscal year 2010; and 
(4) $50,000,000 for fiscal year 2011. 
Such sums shall remain available until expended. 
SEC. 112. WHISTLEBLOWER PROTECTIONS. 
(a) IN GENERAL.—No covered individual may be dis-
charged, demoted, suspended, threatened, harassed, rep-
rimanded, investigated, or in any other manner discrimi-
nated against, including by a denial, suspension, or rev-
ocation of a security clearance or by any other security 
access determination, if such discrimination is due, in 
whole or in part, to any lawful act done, perceived to have 
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been done, or intended to be done by the covered indi-
vidual— 
(1) to provide information, cause information to 
be provided, or otherwise assist in an investigation 
regarding any conduct which the covered individual 
reasonably believes constitutes a violation of any 
law, rule, or regulation relating to rail, public trans-
portation, or over-the-road-bus security, which the 
covered individual reasonably believes constitutes a 
threat to rail, public transportation, or over-the- 
road-bus security, or which the covered individual 
reasonably believes constitutes fraud, waste, or mis-
management of Government funds intended to be 
used for rail, public transportation, or over-the-road- 
bus security, if the information or assistance is pro-
vided to or the investigation is conducted by— 
(A) by a Federal, State, or local regulatory 
or law enforcement agency (including an office 
of the Inspector General under the Inspector 
General Act of 1978 (5 U.S.C. App.; Public 
Law 95–452); 
(B) any Member of Congress, any com-
mittee of Congress, or the Government Ac-
countability Office; or 
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(C) a person with supervisory authority 
over the covered individual (or such other per-
son who has the authority to investigate, dis-
cover, or terminate); 
(2) to file, cause to be filed, testify, participate 
in, or otherwise assist in a proceeding or action filed 
or about to be filed relating to an alleged violation 
of any law, rule, or regulation relating to rail, public 
transportation, or over-the-road bus security; or 
(3) to refuse to violate or assist in the violation 
of any law, rule, or regulation relating to rail public 
transportation, or over-the-road bus security. 
(b) ENFORCEMENT ACTION.— 
(1) IN GENERAL.—A covered individual who al-
leges discharge or other discrimination by any per-
son in violation of subsection (a) may— 
(A) in the case of a covered individual who 
is employed by the Department or the Depart-
ment of Transportation, seek relief in accord-
ance with— 
(i) the provisions of title 5, United 
States Code, to the same extent and in the 
same manner as if such individual were 
seeking relief from a prohibited personnel 
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practice described in section 2302(b)(8) of 
such title; and 
(ii) the amendments made by section 
112A; 
except that, if the disclosure involved consists in 
whole or in part of classified or sensitive infor-
mation, clauses (i) and (ii) shall not apply, and 
such individual may seek relief in the same 
manner as provided by section 112B; 
(B) in the case of a covered individual who 
is a contractor or subcontractor of the Depart-
ment or the Department of Transportation, 
seek relief in accordance with section 112B; 
and 
(C) in the case of any other covered indi-
vidual, seek relief in accordance with the provi-
sions of this section, with any petition or other 
request for relief under this section to be initi-
ated by filing a complaint with the Secretary of 
Labor. 
(2) PROCEDURE.— 
(A) IN GENERAL.—An action under para-
graph (1)(C) shall be governed under the rules 
and procedures set forth in section 42121(b) of 
title 49, United States Code. 
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(B) EXCEPTION.—Notification made under 
section 42121(b)(1) of title 49, United States 
Code, shall be made to the person named in the 
complaint and to the person’s employer. 
(C) BURDENS
OF
PROOF.—An action 
brought under paragraph (1)(C) shall be gov-
erned by the legal burdens of proof set forth in 
section 42121(b) of title 49, United States 
Code. 
(D) STATUTE OF LIMITATIONS.—An action 
under paragraph (1)(C) shall be commenced not 
later than 1 year after the date on which the 
violation occurs. 
(3) DE NOVO REVIEW.—With respect to a com-
plaint under paragraph (1)(C), if the Secretary of 
Labor has not issued a final decision within 180 
days after the filing of the complaint (or, in the 
event that a final order or decision is issued by the 
Secretary of Labor, whether within the 180-day pe-
riod or thereafter, then, not later than 90 days after 
such an order or decision is issued), the covered in-
dividual may bring an original action at law or eq-
uity for de novo review in the appropriate district 
court of the United States, which shall have jurisdic-
tion over such an action without regard to the 
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amount in controversy, and which action shall, at 
the request of either party to such action, be tried 
by the court with a jury. 
(c) REMEDIES.— 
(1) IN
GENERAL.—A covered individual pre-
vailing in any action under subsection (b)(1)(C) 
shall be entitled to all relief necessary to make the 
covered individual whole. 
(2) DAMAGES.—Relief in an action under sub-
section (b)(1)(C) (including an action described in 
subsection (b)(3)) shall include— 
(A) reinstatement with the same seniority 
status that the covered individual would have 
had, but for the discrimination; 
(B) the amount of any back pay, with in-
terest; and 
(C) compensation for any special damages 
sustained as a result of the discrimination, in-
cluding litigation costs, expert witness fees, and 
reasonable attorney fees. 
(3) POSSIBLE
RELIEF.—Relief in an action 
under subsection (b)(1)(C) may include punitive 
damages in an amount not to exceed the greater of 
3 times the amount of any compensatory damages 
awarded under this section or $5,000,000. 
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(d) USE OF STATE SECRETS PRIVILEGE.— 
(1) If, in any action for relief sought by a cov-
ered individual in accordance with the provisions of 
subsection (b)(1)(A), (B), or (C), the Government 
agency moves to withhold information from dis-
covery based on a claim that disclosure would be in-
imical to national security by asserting the privilege 
commonly referred to as the ‘‘state secrets privi-
lege’’, and if the assertion of such privilege prevents 
the covered individual from establishing an element 
in support of the covered individual’s claim, the 
court shall resolve the disputed issue of fact or law 
in favor of the covered individual, provided that, in 
an action brought by a covered individual in accord-
ance with the provisions of subsection (b)(1)(A) or 
(B), an Inspector General investigation under sec-
tion 112B has resulted in substantial confirmation 
of that element, or those elements, of the covered in-
dividual’s claim. 
(2) In any case in which the Government agen-
cy asserts the privilege commonly referred to as the 
‘‘state secrets privilege’’, whether or not an Inspec-
tor General has conducted an investigation with re-
spect to the alleged discrimination, the head of the 
Government agency involved shall, at the same time 
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it asserts the privilege, issue a report to authorized 
Members of Congress, accompanied by a classified 
annex if necessary, describing the reasons for the as-
sertion, explaining why the court hearing the matter 
does not have the ability to maintain the protection 
of classified information related to the assertion, de-
tailing the steps the agency has taken to arrive at 
a mutually agreeable settlement with the covered in-
dividual, setting forth the date on which the classi-
fied information at issue will be declassified, and 
providing all relevant information about the under-
lying substantive matter. 
(e) CRIMINAL PENALTIES.— 
(1) IN GENERAL.—It shall be unlawful for any 
person employing a covered individual described in 
subsection (b)(1)(C) to commit an act prohibited by 
subsection (a). Any person who willfully violates this 
section by terminating or retaliating against any 
such covered individual who makes a claim under 
this section shall be fined under title 18, United 
States Code, imprisoned not more than 1 year, or 
both. 
(2) REPORTING REQUIREMENT.— 
(A) IN GENERAL.—The Attorney General 
shall submit to the appropriate congressional 
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