---
kind: "section"
citation: "49 U.S.C. § 60129"
title: "49"
title_heading: "Transportation"
number: "60129"
heading: "Protection of employees providing pipeline safety information"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/60129"
units:
  - "Subtitle VIII — Pipelines"
  - "Chapter 601 — Safety"
---

# §60129. Protection of employees providing pipeline safety information

- (a) **Discrimination Against Employee.—**
  - (1) **In general.—** No employer may discharge any employee or otherwise discriminate against any current or former employee with respect to his compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to a request of the employee)—
    - (A) provided, caused to be provided, or is about to provide or cause to be provided, to the employer or the Federal Government information relating to any violation or alleged violation of any order, regulation, or standard under this chapter or any other Federal law relating to pipeline safety;
    - (B) refused to engage in any practice made unlawful by this chapter or any other Federal law relating to pipeline safety, if the employee has identified the alleged illegality to the employer;
    - (C) provided, caused to be provided, or is about to provide or cause to be provided, testimony before Congress or at any Federal or [State](/usc/49/60101.md?p=a-20) proceeding regarding any provision (or proposed provision) of this chapter or any other Federal law relating to pipeline safety;
    - (D) commenced, caused to be commenced, or is about to commence or cause to be commenced a proceeding under this chapter or any other Federal law relating to pipeline safety, or a proceeding for the administration or enforcement of any requirement imposed under this chapter or any other Federal law relating to pipeline safety;
    - (E) provided, caused to be provided, or is about to provide or cause to be provided, testimony in any proceeding described in [subparagraph (D)](#a-1-D); or
    - (F) assisted or participated or is about to assist or participate in any manner in such a proceeding or in any other manner in such a proceeding or in any other action to carry out the purposes of this chapter or any other Federal law relating to pipeline safety.
  - (2) **Employer defined.—** In this section, the term “employer” means—
    - (A) a person owning or operating a [pipeline facility](/usc/49/60101.md?p=a-18); or
    - (B) a contractor or subcontractor of such a person.
- (b) **Department of Labor Complaint Procedure.—**
  - (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)](#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 behalf) a complaint with the [Secretary](/usc/49/60101.md?p=a-25) of Labor alleging such discharge or discrimination. Upon receipt of such a complaint, the [Secretary](/usc/49/60101.md?p=a-25) of Labor shall notify, in writing, the person or persons named in the complaint and the [Secretary](/usc/49/60101.md?p=a-25) of Transportation of the filing of the complaint, of the allegations contained in the complaint, of the substance of evidence supporting the complaint, and of the opportunities that will be afforded to such person or persons under [paragraph (2)](#b-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)](#b-1) and after affording the person or persons named in the complaint an opportunity to submit to the [Secretary](/usc/49/60101.md?p=a-25) of Labor a written response to the complaint and an opportunity to meet with a representative of the [Secretary](/usc/49/60101.md?p=a-25) of Labor to present statements from witnesses, the [Secretary](/usc/49/60101.md?p=a-25) 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 or persons alleged to have committed a violation of [subsection (a)](#a) of the [Secretary](/usc/49/60101.md?p=a-25) of Labor’s findings. If the [Secretary](/usc/49/60101.md?p=a-25) of Labor concludes that there is reasonable cause to believe that a violation of [subsection (a)](#a) has occurred, the [Secretary](/usc/49/60101.md?p=a-25) of Labor shall include with the [Secretary](/usc/49/60101.md?p=a-25) of Labor’s findings with a preliminary order providing the relief prescribed by [paragraph (3)(B)](#b-3-B). Not later than 60 days after the date of notification of findings under this subparagraph, any person alleged to have committed a 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 60-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](/usc/49/60101.md?p=a-25) of Labor shall dismiss a complaint filed under this subsection and shall not conduct an investigation otherwise required under [subparagraph (A)](#b-2-A) unless the complainant makes a prima facie showing that any behavior described in [subsection (a)](#a) was a contributing factor in the unfavorable personnel action alleged in the complaint.
      - (ii) **Showing by employer.—** Notwithstanding a finding by the [Secretary](/usc/49/60101.md?p=a-25) of Labor that the complainant has made the showing required under [clause (i)](#b-2-B-i), no investigation otherwise required under [subparagraph (A)](#b-2-A) shall be conducted 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.
      - (iii) **Criteria for determination by Secretary.—** The [Secretary](/usc/49/60101.md?p=a-25) of Labor may determine that a violation of [subsection (a)](#a) has occurred only if the complainant demonstrates that any behavior described in [subsection (a)](#a) was a contributing factor in the unfavorable personnel action alleged in the complaint.
      - (iv) **Prohibition.—** Relief may not be ordered under [subparagraph (A)](#b-2-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 agreements.—** Not later than 90 days after the date of conclusion of a hearing under [paragraph (2)](#b-2), the [Secretary](/usc/49/60101.md?p=a-25) 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 proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the [Secretary](/usc/49/60101.md?p=a-25) of Labor, the complainant, and the person or persons alleged to have committed the violation.
    - (B) **Remedy.—** If, in response to a complaint filed under [paragraph (1)](#b-1), the [Secretary](/usc/49/60101.md?p=a-25) of Labor determines that a violation of [subsection (a)](#a) has occurred, the [Secretary](/usc/49/60101.md?p=a-25) of Labor shall order the person or persons who committed such violation to—
      - (i) take affirmative action to abate the violation;
      - (ii) reinstate the complainant to his or her former position together with the compensation (including back pay) and restore the terms, conditions, and privileges associated with his or her employment; and
      - (iii) provide compensatory damages to the complainant.

      If such an order is issued under this paragraph, the [Secretary](/usc/49/60101.md?p=a-25) of Labor, at the request of the complainant, shall assess against the person or persons 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 determined by the [Secretary](/usc/49/60101.md?p=a-25) of Labor, by the complainant for, or in connection with, the bringing the complaint upon which the order was issued.

    - (C) **Frivolous complaints.—** If the [Secretary](/usc/49/60101.md?p=a-25) of Labor finds that a complaint under [paragraph (1)](#b-1) is frivolous or has been brought in bad faith, the [Secretary](/usc/49/60101.md?p=a-25) of Labor may award to the prevailing employer a reasonable attorney’s fee not exceeding $1,000.
    - (D) **De novo review.—**
      - (i) **In general.—** With respect to a complaint under [paragraph (1)](#b-1), if the [Secretary](/usc/49/60101.md?p=a-25) of Labor has not issued a final decision by the date that is 210 days after the date on which the complaint was filed, and if the delay is not due to the bad faith of the employee who filed the complaint, that 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 action without regard to the amount in controversy, and which action shall, at the request of either party to the action, be tried by the court with a jury.
      - (ii) **Burdens of proof.—** An original action described in [clause (i)](#b-3-D-i) shall be governed by the same legal burdens of proof specified in [paragraph (2)(B)](#b-2-B) for review by the [Secretary](/usc/49/60101.md?p=a-25) of Labor.
  - (4) **Review.—**
    - (A) **Appeal to court of appeals.—** Any person adversely affected or aggrieved by an order issued under [paragraph (3)](#b-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 such violation. The petition for review must be filed not later than 60 days after the date of issuance of the final order of the [Secretary](/usc/49/60101.md?p=a-25) of Labor. Review shall conform to [chapter 7](/usc/5/chptI/ch7.md) 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](/usc/49/60101.md?p=a-25) of Labor with respect to which review could have been obtained under [subparagraph (A)](#b-4-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)](#b-3), the [Secretary](/usc/49/60101.md?p=a-25) 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 to be 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)](#b-3) may commence a civil action against the person or persons 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 of costs is appropriate.
- (c) **Mandamus.—** Any nondiscretionary duty imposed by this section shall be enforceable in a mandamus proceeding brought under [section 1361 of title 28](/usc/28/1361.md), United States Code.
- (d) **Nonapplicability To Deliberate Violations.—** [Subsection (a)](#a) shall not apply with respect to an action of an employee of an employer who, acting without direction from the employer (or such employer’s agent), deliberately causes a violation of any requirement relating to pipeline safety under this chapter or any other law of the United States.
- (e) **Nonenforceability of Certain Provisions Waiving Rights and Remedies or Requiring Arbitration of Disputes.—**
  - (1) **Waiver of rights and remedies.—** The rights and remedies provided under this section may not be waived by any agreement, policy, form, or condition of employment, including by a predispute arbitration agreement.
  - (2) **Predispute arbitration agreements.—** No provision of a predispute arbitration agreement shall be valid or enforceable if the provision requires arbitration of a dispute arising under [subsection (a)(1)](#a-1).

## Source credit

(Added Pub. L. 107–355, § 6(a), Dec. 17, 2002, 116 Stat. 2989; amended Pub. L. 116–260, div. R, title I, § 116, Dec. 27, 2020, 134 Stat. 2233.)

## Notes

### Amendments

2020—Subsec. (a)(1). Pub. L. 116–260, § 116(1), substituted “current or former employee with” for “employee with” in introductory provisions.

Subsec. (b)(3)(D). Pub. L. 116–260, § 116(2), added subpar. (D).

Subsec. (e). Pub. L. 116–260, § 116(3), added subsec. (e).