(B) the opportunity to request, not later 
than 30 days after the date on which the per-
son receives the notice, a hearing on the pro-
posed order. 
(3) PROCEDURES.—The Secretary may issue 
regulations establishing procedures for administra-
tive hearings and appropriate review of penalties 
issued under this subsection, including necessary 
deadlines. 
SEC. 3. WHISTLEBLOWER PROTECTION. 
(a) IN
GENERAL.—No person involved in the 
shippping of extremely hazardous materials may be dis-
charged, demoted, suspended, threatened, harassed, or in 
any other manner discriminated against because of any 
lawful act done by the person—
(1) to provide information, cause information to 
be provided, or otherwise assist in an investigation 
regarding any conduct which the person reasonably 
believes constitutes a violation of any law, rule or 
regulation related to the security of shipments of ex-
tremely hazardous materials, or any other threat to 
the security of shipments of extremely hazardous 
materials, when the information or assistance is pro-
vided to or the investigation is conducted by—
(A) a Federal regulatory or law enforce-
ment agency; 
(B) any Member of Congress or any com-
mittee of Congress; or 
(C) a person with supervisory authority 
over the person (or such other person who has 
the authority to investigate, discover, or termi-
nate misconduct); 
(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 a violation of any 
law, rule or regulation related to the security of 
shipments of extremely hazardous materials or any 
other threat to the security of shipments of ex-
tremely hazardous materials; or 
(3) to refuse to violate or assist in the violation 
of any law, rule, or regulation related to the security 
of shipments of extremely hazardous materials. 
(b) ENFORCEMENT ACTION.—
(1) IN GENERAL.—A person who alleges dis-
charge or other discrimination by any person in vio-
lation of subsection (a) may seek relief under sub-
section (c), by—
(A) filing a complaint with the Secretary of 
Labor; or
(B) if the Secretary has not issued a final 
decision within 180 days of the filing of the 
complaint and there is no showing that such 
delay is due to the bad faith of the claimant, 
bringing an action at law or equity for de novo 
review in the appropriate district court of the 
United States, which shall have jurisdiction 
over such an action without regard to the 
amount in controversy. 
(2) PROCEDURE.—
(A) IN GENERAL.— An action under para-
graph (1)(A) shall be governed under the rules 
and procedures set forth in section 42121(b) of 
title 49, United States Code. 
(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)(B) 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) shall be commenced not
later than 90 days after the date on which the 
violation occurs. 
(c) REMEDIES.—
(1) IN GENERAL.—A person prevailing in any 
action under subsection (b)(1) shall be entitled to all 
relief necessary to make the person whole. 
(2) COMPENSATORY DAMAGES.—Relief for any 
action under paragraph (1) shall include—
(A) reinstatement with the same seniority 
status that the person 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. 
(d) RIGHTS RETAINED BY PERSON.—Nothing in this 
section shall be deemed to diminish the rights, privileges, 
or remedies of any person under any Federal or State law, 
or under any collective bargaining agreement. 
SEC. 4. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) EXTREMELY HAZARDOUS MATERIAL.—The 
term ‘‘extremely hazardous material’’ means—