H. R. 1—150 
(C) a person with supervisory authority over the 
employee or such other person who has the authority to 
investigate, discover, or terminate the misconduct; 
(2) to refuse to violate or assist in the violation of any 
Federal law, rule, or regulation relating to public transportation 
safety or security; 
(3) to file a complaint or directly cause to be brought 
a proceeding related to the enforcement of this section or to 
testify in that proceeding; 
(4) to cooperate with a safety or security investigation 
by the Secretary of Transportation, the Secretary of Homeland 
Security, or the National Transportation Safety Board; or 
(5) to furnish information to the Secretary of Transpor-
tation, the Secretary of Homeland Security, the National 
Transportation Safety Board, or any Federal, 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) A public 
transportation agency, or a contractor or a subcontractor of such 
agency, or an officer or employee of such 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 duties, if the conditions described in paragraph (2) 
exist; or 
(C) refusing to authorize the use of any safety- or security- 
related equipment, track, or structures, if the employee is 
responsible for the inspection or repair of the equipment, track, 
or structures, when the employee believes that the equipment, 
track, or structures are in a hazardous safety or security condi-
tion, if the conditions described in paragraph (2) of this sub-
section exist. 
(2) A refusal is protected under paragraph (1)(B) and (C) if— 
(A) the refusal is made in good faith and no reasonable 
alternative 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 such refusal; and 
(C) the employee, where possible, has notified the public 
transportation agency of the existence of the hazardous condi-
tion 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) In this subsection, only subsection (b)(1)(A) shall apply 
to security personnel, including transit police, employed or utilized 
by a public transportation agency to protect riders, equipment, 
assets, or facilities. 
(c) ENFORCEMENT ACTION.—
H. R. 1—151 
(1) FILING AND NOTIFICATION.—A person who believes that 
he or she has been discharged or otherwise discriminated 
against by any person in violation of subsection (a) or (b) 
may, not later than 180 days after the date on which such 
violation occurs, file (or have any person file on his or her 
behalf) a complaint with the Secretary of Labor alleging such 
discharge or discrimination. Upon receipt of a complaint filed 
under this paragraph, the Secretary of Labor shall notify, in 
writing, the person named in the complaint and the person’s 
employer of the filing of the complaint, of the allegations con-
tained in the complaint, of the substance of evidence supporting 
the complaint, and of the opportunities that will be afforded 
to such person under paragraph (2). 
(2) INVESTIGATION; PRELIMINARY ORDER.— 
(A) IN GENERAL.—Not later than 60 days after the 
date of receipt of a complaint filed under paragraph (1) 
and after affording the person named in the complaint 
an opportunity to submit to the Secretary of Labor a writ-
ten 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 notify, 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, either 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 such objections shall 
not operate to stay any reinstatement remedy contained 
in the preliminary order. Such hearings shall be conducted 
expeditiously. If a hearing is not requested in such 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 Sec-
retary of Labor shall dismiss a complaint filed under 
this subsection and shall not conduct an investigation 
otherwise required 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 personnel 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 employer demonstrates, by 
clear and convincing evidence, that the employer would
H. R. 1—152 
have taken the same unfavorable personnel action in 
the absence of that behavior. 
(iii) CRITERIA FOR DETERMINATION BY SECRETARY 
OF LABOR.—The Secretary of Labor may determine that 
a violation of subsection (a) or (b) has occurred only 
if the complainant demonstrates that any behavior 
described in subsection (a) or (b) was a contributing 
factor in the unfavorable personnel action alleged in 
the complaint. 
(iv) PROHIBITION.—Relief may not be ordered 
under paragraph (A) if the employer demonstrates by 
clear and convincing 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
AGREE-
MENTS.—Not later than 120 days after the date of conclu-
sion of a hearing under paragraph (2), the Secretary of 
Labor shall issue a final order providing the relief pre-
scribed by this paragraph or denying the complaint. At 
any time before issuance of a final order, a proceeding 
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 
paragraph (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 such viola-
tion 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 complain-
ant, shall assess against the person against whom the 
order is issued a sum equal to the aggregate amount of 
all costs and expenses (including attorney and expert wit-
ness fees) reasonably incurred, as determined by the Sec-
retary of Labor, by the complainant for, or in connection 
with, bringing the complaint upon 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.—Any person 
adversely affected 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 viola-
tion, with respect to which the order was issued, allegedly 
occurred or the circuit in which the complainant resided 
on the date of such violation. The petition for review must 
be filed not later than 60 days after the date of the issuance
H. R. 1—153 
of the final order of the Secretary of Labor. Review shall 
conform to chapter 7 of title 5, United States Code. 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.— 
Whenever any person has failed 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 enforce such order. 
In actions brought under this paragraph, the district courts 
shall have jurisdiction to grant all appropriate relief including, 
but not limited to, injunctive relief and compensatory damages. 
(6) ENFORCEMENT OF ORDER BY PARTIES.— 
(A) COMMENCEMENT OF ACTION.—A person on whose 
behalf an order was issued under paragraph (3) may com-
mence a civil action against the person to whom such 
order was issued to require compliance with such order. 
The appropriate United States district court shall have 
jurisdiction, without regard to the amount in controversy 
or the citizenship of the parties, to enforce such order. 
(B) ATTORNEY FEES.—The court, in issuing any final 
order under this paragraph, may award costs of litigation 
(including reasonable attorney and expert witness fees) 
to any party whenever the court determines such award 
is appropriate. 
(7) DE NOVO REVIEW.—With respect to a complaint under 
paragraph (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 shall have jurisdiction over such an action with-
out regard to the amount in controversy, and which action 
shall, at the request of either party to such 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 subsection (c) shall be entitled to all relief necessary 
to make the employee whole. 
(2) DAMAGES.—Relief in an action under subsection (c) 
(including an action described in (c)(7)) shall include— 
(A) reinstatement with the same seniority status that 
the employee would have had, but for the discrimination; 
(B) any backpay, with interest; and 
(C) compensatory damages, including compensation for 
any special damages sustained as a result of the discrimina-
tion, including litigation costs, expert witness fees, and 
reasonable attorney fees.