(1) ESTABLISHMENT OF PROCESS.—The Sec-
retary shall establish through regulations after an 
opportunity for notice and comment, and provide in-
formation to the public regarding, a process by 
which any person may submit a report to the Sec-
retary regarding public transportation security prob-
lems, deficiencies, or vulnerabilities. 
(2) ACKNOWLEDGMENT OF RECEIPT.—If a re-
port submitted under paragraph (1) identifies the 
person making the report, the Secretary shall re-
spond promptly to such person and acknowledge re-
ceipt of the report. 
(3) STEPS TO ADDRESS PROBLEM.—The Sec-
retary shall review and consider the information pro-
vided in any report submitted under paragraph (1) 
and shall take appropriate steps to address any 
problems or deficiencies identified. 
SEC. 402. PROTECTION FROM WHISTLEBLOWER RETALIA-
TIONS FROM LABOR UNION OFFICIALS. 
(a) IN GENERAL.—A labor organization or its offi-
cers or agents shall not discriminate against an employee 
if such discrimination is due, in whole or in part, to the 
employee’s lawful, good faith act done, or perceived by the 
labor organization to have been done or about to be 
done— 
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(1) to provide information, directly cause infor-
mation to be provided, or otherwise directly assist in 
any investigation regarding any conduct which the 
employee reasonably believes constitutes a violation 
of— 
(A) any Federal law or regulation or provi-
sion adopted by an authority created by an 
interstate Compact; 
(B) any bylaw of the labor organization; or 
(C) any fraud, waste, or abuse of the labor 
organization’s funds if the information or as-
sistance is provided to or an investigation stem-
ming from the provided information is con-
ducted by— 
(i) a Federal, State, or local regu-
latory or law enforcement agency, or a reg-
ulatory or law enforcement agency created 
by an interstate Compact (including an of-
fice of the inspector general under the In-
spector General Act of 1978 (5 U.S.C. 
App.; Public Law 95–452)); 
(ii) any Member of Congress, any 
committee of Congress, or the Government 
Accountability Office; or 
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(iii) a person with supervisory author-
ity over the employee or such other person 
who has the authority to investigate, dis-
cover, or terminate the misconduct; 
(2) to refuse to violate or assist in the violation 
of any law, rule, or regulation relating to labor pol-
icy; 
(3) to refuse to violate or assist in the violation 
of any bylaw of the labor organization; 
(4) 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; 
(5) to notify, or attempt to notify, an officer of 
the labor union, the employer, the inspector general, 
or the Secretary of Labor of a violation of a law, 
rule, regulation, or a bylaw of the labor organiza-
tion; 
(6) to accurately report hours on duty pursuant 
to chapter 211 of title 49, United States Code; 
(7) to cooperate with a safety or security inves-
tigation by any Federal, State, or local regulatory or 
law enforcement agency, or a regulatory or law en-
forcement agency created by an interstate Compact 
(including an office of the inspector general under 
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the Inspector General Act of 1978 (5 U.S.C. App.; 
Public Law 95–452)); or 
(8) to furnish information to any Federal, 
State, or local regulatory or law enforcement agency, 
or a regulatory or law enforcement agency created 
by an interstate Compact, as to the facts relating to 
any accident or incident resulting in injury or death 
to an individual, damage to property, or misappro-
priation of funds. 
(b) ENFORCEMENT ACTION.— 
(1) FILING AND NOTIFICATION.—A person who 
believes that he or she has been discharged or other-
wise discriminated against by any person in connec-
tion with a violation of subsection (a) may, not later 
than 180 days after the date on which such violation 
occurs, file (or have any person file on his or her be-
half) a complaint with the Secretary of Labor alleg-
ing such discharge or discrimination. Upon receipt 
of a complaint filed under this paragraph, the Sec-
retary 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 
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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 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 investiga-
tion 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) of the Secretary of Labor’s find-
ings. If the Secretary of Labor concludes that 
there is a reasonable cause to believe that a vio-
lation of subsection (a) has occurred, the Sec-
retary 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, 
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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 prelimi-
nary 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
COM-
PLAINANT.—The Secretary of Labor shall 
dismiss a complaint filed under this sub-
section and shall not conduct an investiga-
tion otherwise required under subpara-
graph (A) unless the complainant makes a 
prima facie showing that any behavior de-
scribed in subsection (a) was a contrib-
uting factor in the unfavorable personnel 
action alleged in the complaint. 
(ii) SHOWING
BY
LABOR
ORGANIZA-
TION
OFFICER.—Notwithstanding a find-
ing by the Secretary of Labor that the 
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(A) DEADLINE
FOR
ISSUANCE; SETTLE-
MENT 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 pre-
scribed by this paragraph or denying the com-
plaint. 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 com-
plaint filed under paragraph (1), the Secretary 
of Labor determines that a violation of sub-
section (a) has occurred, the Secretary of Labor 
shall order the person who committed such vio-
lation to— 
(i) take affirmative action to abate the 
violation; and 
(ii) provide the remedies described in 
subsection (c). 
(C) ORDER.—If an order is issued under 
subparagraph (B), the Secretary of Labor, at 
the request of the complainant, shall assess 
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against the person against whom the order is 
issued a sum equal to the aggregate amount of 
all costs and expenses (including attorney’s and 
expert witness fees) reasonably incurred, as de-
termined by the Secretary of Labor, by the 
complainant for, or in connection with, bringing 
the complaint upon which the order was issued. 
(D) FRIVOLOUS COMPLAINTS.—If the Sec-
retary 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 labor organization officer rea-
sonable attorney’s 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 District of Columbia Circuit. 
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. Re-
view shall conform to chapter 7 of title 5, 
United States Code. The commencement of pro-
ceedings under this subparagraph shall not, un-
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less ordered by the court, operate as a stay of 
the order. 
(B) LIMITATION
ON
COLLATERAL
AT-
TACK.—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 com-
ply with an order issued under paragraph (3), the 
Secretary of Labor shall 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 ap-
propriate relief including, but not limited to, injunc-
tive relief and compensatory damages. 
(6) ENFORCEMENT OF ORDER BY PARTIES.— 
(A) COMMENCEMENT OF ACTION.—A per-
son on whose behalf an order was issued under 
paragraph (3) may commence a civil action 
against the person to whom such order was 
issued to require compliance with such order. 
The appropriate United States district court 
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shall have jurisdiction, without regard to the 
amount in controversy or the citizenship of the 
parties, to enforce such order. 
(B) ATTORNEY’S
FEES.—The court, in 
issuing any final order under this paragraph, 
may award costs of litigation (including reason-
able attorney’s and expert witness fees) to any 
party whenever the court determines such 
award is appropriate. 
(7) DE NOVO REVIEW.—With respect to a com-
plaint 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 jurisdic-
tion over such an action without 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 gov-
erned by the same legal burdens of proof specified 
in paragraph (2)(B) for review by the Secretary of 
Labor. 
(c) REMEDIES.— 
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(1) IN GENERAL.—An employee prevailing in 
any action under subsection (b) shall be entitled to 
all relief necessary to make the employee whole. 
(2) DAMAGES.—Relief in an action under sub-
section (b) shall include— 
(A) reinstatement with the same seniority 
status that the employee would have had, but 
for the discrimination; 
(B) any backpay, with interest, to be paid 
by the labor organization in lieu of the em-
ployer; and 
(C) compensatory damages, including com-
pensation for any special damages sustained as 
a result of the discrimination, including litiga-
tion costs, expert witness fees, and reasonable 
attorney’s fees. 
(3) POSSIBLE
RELIEF.—Relief in any action 
under subsection (b) may include punitive damages 
in an amount not to exceed $250,000. 
(d) ELECTION OF REMEDIES.—An employee may not 
seek protection under both this section and another provi-
sion of law for the same allegedly unlawful act of the au-
thority. 
(e) NO PREEMPTION.—Nothing in this section pre-
empts or diminishes any other safeguards against dis-
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