[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6852 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 6852

   To amend the Authorization for Capital and Preventive Maintenance 
Projects for the Washington Metropolitan Area Transit Authority and the 
 National Capital Area Interest Arbitration Standards Act of 1995, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 20, 2018

Mrs. Comstock introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
   To amend the Authorization for Capital and Preventive Maintenance 
Projects for the Washington Metropolitan Area Transit Authority and the 
 National Capital Area Interest Arbitration Standards Act of 1995, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Grants for Reliable, Efficient, and 
Accountable Transit Act''.

SEC. 2. DEFINITIONS.

    For the purposes of this Act:
            (1) Authority.--The term ``Authority'' means the Washington 
        Metropolitan Area Transit Authority established under article 
        III of the compact (Public Law 89-774; 80 Stat. 1324).
            (2) Board.--The term ``Board'' means the Board of Directors 
        of the Washington Metropolitan Area Transit Authority.
            (3) Compact.--The term ``Compact'' means the Washington 
        Metropolitan Area Transit Authority Compact.
            (4) Director.--The term ``Director'' means a member of the 
        Board of Directors of the Washington Metropolitan Area Transit 
        Authority.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (6) Signatory.--The term ``Signatory'' means the State of 
        Maryland, the Commonwealth of Virginia, or the District of 
        Columbia.
            (7) State.--The term ``State'' includes the District of 
        Columbia.
            (8) WMATA.--The term ``WMATA'' means the Washington 
        Metropolitan Area Transit Authority.
            (9) Washington metropolitan area transit zone.--The term 
        ``Washington Metropolitan Area Transit Zone'' means the zone 
        created by and described in section 3 of the Compact, as well 
        as any additional area that may be added pursuant to section 
        83(a) of such Compact.

                         TITLE I--METRO FUNDING

SEC. 1. REAUTHORIZATION OF THE AUTHORIZATION FOR CAPITAL AND PREVENTIVE 
              MAINTENANCE PROJECTS FOR THE WASHINGTON METROPOLITAN AREA 
              TRANSIT AUTHORITY.

    Section 601(f) of the Passenger Rail Investment and Improvement Act 
of 2008 (Public Law 110-432; 126 Stat. 4968) is amended to read as 
follows:
    ``(f) Amount.--There are authorized to be appropriated to the 
Secretary of Transportation for grants under this section an aggregate 
amount not to exceed $1,500,000,000 to be available in increments in 
each fiscal year next occurring until such funding is expended.''.

                         TITLE II--ARBITRATION

SEC. 1. NATIONAL CAPITAL AREA INTEREST ARBITRATION STANDARDS.

    Sections 18301 through 18304 of chapter 183 of title 40, United 
States Code, are amended to read as follows:
``Sec. 18301. Findings and purposes
    ``(a) Findings.--Congress finds that--
            ``(1) safe, reliable, and affordable public transportation 
        at sufficient levels is essential to the economic vitality of 
        the national capital area and is an essential component of 
        regional efforts to improve air quality to meet environmental 
        requirements and to improve the health of both residents of and 
        visitors to the national capital area as well as to preserve 
        the beauty and dignity of the Nation's capital;
            ``(2) use of mass transit by both residents of and visitors 
        to the national capital area is substantially affected by the 
        prices charged for mass transit services, prices that are 
        substantially affected by labor costs, since more than 70 
        percent of operating costs are attributable to labor costs;
            ``(3) labor costs incurred in providing mass transit in the 
        national capital area have increased at an alarming rate and 
        are unsustainable in light of the financial condition of 
        interstate Compact agencies providing mass transit services in 
        the national capital area;
            ``(4) higher operating costs incurred for public transit in 
        the national capital area cannot be offset by increasing costs 
        to patrons, since this often discourages ridership and thus 
        undermines the public interest in promoting the use of public 
        transit;
            ``(5) higher operating costs incurred for public transit in 
        the national capital area cannot be offset by service cuts 
        since this undermines the public interest in promoting the use 
        of public transit and could impact public safety;
            ``(6) spiraling labor costs cannot be offset by the 
        governmental entities that are responsible for subsidy payments 
        for public transit services since local governments face other 
        substantial financial obligations;
            ``(7) labor costs cannot be increased during periods of 
        time when an interstate Compact agency operating in the 
        national capital area providing public transportation is 
        financially stressed taking into account operating costs, 
        legacy benefit obligations, capital needs, and reserve levels;
            ``(8) imposition of mandatory standards applicable to 
        arbitrators resolving arbitration disputes involving interstate 
        Compact agencies operating in the national capital area will 
        ensure that wages, benefits, and other terms and conditions of 
        employment, including work rules, are justified and do not 
        adversely impact the ability of the interstate Compact agencies 
        to provide affordable, safe, and reliable public transit 
        services at levels sufficient to serve the needs of the 
        Washington metropolitan area;
            ``(9) Federal legislation is required to ensure that 
        interest arbitration decisions do not adversely impact the 
        ability of interstate Compact agencies operating in the 
        national capital area to emerge from periods of financial 
        stress and avoid future periods of financial stress; and
            ``(10) Federal legislation is necessary under section 8 of 
        article I of the Constitution to balance the need to moderate 
        and lower labor costs while maintaining labor peace.
    ``(b) Purpose.--The purpose of this chapter is to adopt standards 
governing arbitration that arbitrators must apply exclusively in 
resolving disputes involving interstate Compact agencies operating in 
the national capital area in order to lower operating costs and 
facilitate the provision of safe, reliable, and affordable public 
transit services at sufficient levels in the Washington metropolitan 
area.
``Sec. 18302. Definitions
    ``In this chapter, the following definitions apply:
            ``(1) Arbitration.--The term `arbitration'--
                    ``(A) means the arbitration of disputes, regarding 
                the terms and conditions of employment, that is 
                required under an interstate Compact governing an 
                interstate Compact agency operating in the national 
                capital area; but
                    ``(B) does not include the interpretation and 
                application of rights arising from an existing 
                collective bargaining agreement.
            ``(2) Arbitrator.--The term `arbitrator' refers to either a 
        single arbitrator, or a board of arbitrators, chosen under 
        applicable procedures.
            ``(3) Interstate compact agency operating in the national 
        capital area.--The term `interstate Compact agency operating in 
        the national capital area' means any interstate Compact agency 
        that provides public transit services and that was established 
        by an interstate Compact to which the District of Columbia is a 
        signatory.
            ``(4) Financial stress.--The term `financial stress' means 
        that at least two of the following 3 financial issues are 
        affecting an interstate Compact agency operating in the 
        national capital area:
                    ``(A) The interstate Compact agency's ratio of 
                operating revenues (excluding any subsidy payment or 
                budgetary assistance) to operating expenses (as 
                measured on the last date of each fiscal year) has 
                decreased in the aggregate over the preceding 2-year 
                period.
                    ``(B) The interstate Compact agency has taken at 
                least one of the following measures during the 
                preceding 2-year period:
                            ``(i) Reduced service.
                            ``(ii) Increased fares.
                            ``(iii) Diverted capital funds to pay for 
                        operating expenses during a period in which the 
                        interstate Compact agency's ratio of capital 
                        backlog to system value is greater than the 
                        average ratio of capital backlog to system 
                        value for other United States transit systems.
                    ``(C) It is not reasonably foreseeable that the 
                interstate Compact agency will be in a state of good 
                repair within the following 2 years as determined by 
                the Federal Transit Administration's Transit Economic 
                Requirements Model or any other alternative model that 
                the Federal Transit Administration may utilize in the 
                future.
``Sec. 18303. Standards for arbitrators
    ``(a) Definition.--In this section, the term `public welfare' 
means, with respect to arbitration under an interstate Compact--
            ``(1) the ability of the interstate Compact agency to 
        finance wages and benefits resulting from an arbitrator's award 
        consistent with its projected operating and capital budgets 
        during the term of such award without adversely impacting the 
        agency's ability to provide safe, reliable, and affordable 
        public transportation at sufficient levels;
            ``(2) the ability of the interstate Compact agency to 
        finance wages and benefits resulting from an arbitrator's award 
        as set forth in subsection (c); and
            ``(3) the continuity and stability of interstate Compact 
        agency operations to the effect that such operations are not 
        detrimental to any facet of the regional economy or to the 
        ability of employees of the Federal, State, or local 
        governments to conduct business.
    ``(b) Factors in Making Arbitration Award.--An arbitrator rendering 
an arbitration award involving the employees of an interstate Compact 
agency operating in the national capital area must exclusively consider 
the following factors, in addition to the factors prescribed in 
subsection (c):
            ``(1) The existing wages, benefits, and terms and 
        conditions of employment of the employees in the bargaining 
        unit except that structural changes should be awarded to the 
        benefit of an interstate Compact agency operating in the 
        national capital area where such changes are consistent with 
        the public welfare.
            ``(2) The reasonably available and ongoing financial 
        resources of the interstate Compact agency, taking into account 
        the liabilities and obligations (including capital needs, 
        legacy benefit obligations, and reserve levels) of the 
        interstate Compact agency, based on the agency's budget for the 
        current year and its projected budget for the next 10 years.
            ``(3) The annual increase or decrease in consumer prices 
        for goods and services as reflected in the most recent Consumer 
        Price Index for the Washington-Baltimore, DC-MD-VA-WV 
        Consolidated Metropolitan Statistical Area, published by the 
        Bureau of Labor Statistics.
            ``(4) The wages, benefits, and terms and conditions of the 
        employment of other employees in the District of Columbia, 
        Maryland, and Virginia whose positions require qualifications 
        and skills similar to those required by employees in the 
        bargaining unit except that an arbitrator rendering an 
        arbitration award involving the employees of an interstate 
        Compact agency operating in the national capital area may not 
        consider the wages, benefits, and terms and conditions of 
        employment of employees working outside of the District of 
        Columbia, Maryland, and Virginia.
            ``(5) The wages, benefits, and terms and conditions of 
        employment applicable to other employees of the interstate 
        Compact agency taking into account the special nature of the 
        work performed by the employees in the bargaining unit, 
        including any hazards or the relative ease of employment, 
        physical requirements, educational qualifications, job training 
        and skills, shift assignments, and the demands placed upon the 
        employees as compared to only other employees of the same 
        interstate Compact agency.
            ``(6) The interests and welfare of the employees in the 
        bargaining unit, including--
                    ``(A) the overall compensation presently received 
                by the employees, having regard not only for wage rates 
                but also for wages for time not worked, including 
                vacations, holidays, and other excused absences;
                    ``(B) all benefits received by the employees, 
                including previous bonuses, insurance, and pensions; 
                and
                    ``(C) the continuity and stability of employment, 
                such that the arbitrator shall not issue an award 
                increasing wages or benefits where the interstate 
                Compact agency operating in the national capital area 
                can show that such recommended increases could result 
                in headcount reductions.
            ``(7) The public welfare.
    ``(c) Ability To Finance Wages and Benefits Provided in Award.--
            ``(1) In general.--An arbitrator rendering an arbitration 
        award involving the employees of an interstate Compact agency 
        operating in the national capital area shall not, with respect 
        to a collective bargaining agreement governing conditions of 
        employment, provide for wages or other benefits that exceed the 
        reasonable and ongoing ability of the interstate Compact agency 
        operating in the national capital area to obtain the necessary 
        financial resources to pay for wage and benefit increases for 
        employees of the interstate compact agency while providing 
        safe, reliable, and affordable transit services at levels 
        sufficient to serve the needs of the Washington metropolitan 
        area.
            ``(2) Compliance conditions.--The following conditions 
        shall be met to comply with this subsection:
                    ``(A) An arbitrator's award shall not provide for 
                wages and benefits that will result in an annual 
                increase in operating subsidy of more than 1.5 percent 
                inclusive of both labor and nonlabor-related operating 
                costs, unless there is substantial evidence that the 
                interstate Compact agency is able to finance the 
                additional costs consistent with its budget and 
                projected budgeted costs without adversely impacting 
                the agency's ability to provide safe, reliable, and 
                affordable public transportation at sufficient levels.
                    ``(B) During those periods of time when an 
                interstate Compact agency operating in the national 
                capital area is financially stressed, the arbitrator 
                shall issue an award that either reduces or does not 
                increase the interstate Compact agency's personnel 
                costs.
                    ``(C) The arbitrator's award must give substantial 
                deference to the evidence presented by the interstate 
                Compact agency's management regarding financial issues.
                    ``(D) The arbitrator's award may not cause the 
                interstate Compact agency operating in the national 
                capital area to be in noncompliance with any other 
                legal obligations.
    ``(d) Clarification.--An arbitrator rendering an arbitration award 
involving the employees of an interstate Compact agency operating in 
the national capital area shall consider the factors in subsection (b) 
independently from the factors in subsection (c).
    ``(e) Requirements for Final Award.--
            ``(1) Written award.--In resolving a dispute submitted to 
        arbitration involving the employees of an interstate Compact 
        agency operating in the national capital area, the arbitrator 
        shall issue a written award that demonstrates that all the 
        factors set forth in subsections (b) and (c) have been 
        considered and applied and that the arbitrator has not 
        considered and applied any other factors.
            ``(2) Prerequisites.--An award may grant an increase in pay 
        rates or benefits (including insurance and pension benefits), 
        or reduce hours of work, only if the arbitrator concludes that 
        any costs to the agency do not adversely affect the public 
        welfare.
            ``(3) Substantial evidence.--The arbitrator's conclusion 
        regarding the public welfare must be supported by substantial 
        evidence.
    ``(f) Compliance With Section 5333(b) of Title 49, United States 
Code.--
            ``(1) Clarification.--Neither the existence of this 
        statute, nor any arbitrator's award issues pursuant to this 
        law, shall be deemed to violate the requirements of section 
        5333(b) of title 49, United States Code.
            ``(2) Prohibition on denial.--For the avoidance of doubt, 
        the Department of Labor or the Department of Transportation 
        shall not deny any certification of compliance with section 
        5333(b) of title 49, United States Code, and an interstate 
        Compact agency operating in the national capital area shall not 
        be denied any Federal grant as a result of this statute or any 
        arbitrator's award issued pursuant to this statute.
``Sec. 18304. Procedures for enforcement of awards
    ``(a) Modifications and Finality of Award.--Within 10 days after 
the parties receive an arbitration award to which section 18303 of this 
title applies, the interstate Compact agency and the employees, through 
their representative, may agree in writing on any modifications to the 
award. After the end of that 10-day period, the award, and any 
modifications, become binding on the interstate Compact agency, the 
employees in the bargaining unit, and the employees' representative.
    ``(b) Implementation.--Each party to an award that becomes binding 
under subsection (a) shall take all actions necessary to implement the 
award.
    ``(c) Judicial Review.--Not later than 60 days after an award 
becomes binding under subsection (a), the interstate Compact agency or 
the exclusive representative of the employees concerned may bring a 
civil action in a court that has jurisdiction over the interstate 
Compact agency for review of the award. The court shall review the 
award on the record, and shall vacate the award or any part of the 
award, after notice and a hearing, if--
            ``(1) the award is in violation of applicable law;
            ``(2) the arbitrator exceeded the arbitrator's powers;
            ``(3) the decision by the arbitrator is arbitrary or 
        capricious;
            ``(4) the arbitrator conducted the hearing contrary to the 
        provisions of this chapter or other laws or rules that apply to 
        the arbitration so as to substantially prejudice the rights of 
        a party;
            ``(5) there was partiality or misconduct by the arbitrator 
        prejudicing the rights of a party;
            ``(6) the award was procured by corruption, fraud, or bias 
        on the part of the arbitrator; or
            ``(7) the arbitrator did not comply with the provisions of 
        section 18303 of this title.''.

             TITLE III--LIMITS ON ANNUAL SPENDING INCREASES

SEC. 301. LIMIT ON ANNUAL CONTRIBUTIONS FROM FUNDING JURISDICTIONS FOR 
              OPERATIONS.

    Not later than 1 year after the date of enactment of this Act, the 
Signatories shall amend the Compact to limit the annual growth in the 
rate of spending by each Signatory by not more than 3 percent to 
subsidize operational needs of the Authority.

                          TITLE IV--EMPLOYEES

SEC. 401. WMATA EMPLOYEE WHISTLEBLOWER PROTECTION.

    (a) In General.--The Authority, a contractor or a subcontractor of 
the Authority, or an officer or employee of the Authority, shall not 
discharge, demote, suspend, reprimand, or in any other way discriminate 
against an employee with respect to the terms and conditions of 
employment if such discrimination is due, in whole or in part, to the 
employee's lawful, good faith act done, or perceived by the employer to 
have been done or about to be done--
            (1) to provide information, directly cause information to 
        be provided, or otherwise directly assist in any investigation 
        regarding any conduct which the employee reasonably believes 
        constitutes a violation of any Federal law or regulation or 
        provision adopted by an authority created by an interstate 
        Compact relating to public transportation safety or security, 
        or fraud, waste, or abuse of Federal grants or other public 
        funds intended to be used for public transportation safety or 
        security, if the information or assistance is provided to or an 
        investigation stemming from the provided information is 
        conducted by--
                    (A) a Federal, State, or local regulatory or law 
                enforcement agency, or a regulatory or law enforcement 
                agency created by an interstate Compact (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 committee of 
                Congress, or the Government Accountability Office; or
                    (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 notify, or attempt to notify, the Authority, the 
        inspector general, or the Secretary of Transportation of a 
        work-related personal injury or work-related illness of an 
        employee;
            (5) to accurately report hours on duty pursuant to chapter 
        211 of title 49, United States Code;
            (6) 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
            (7) to furnish information to the Secretary of 
        Transportation, the Secretary of Homeland Security, the 
        National Transportation Safety Board, or 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 or damage to property 
        occurring in connection with public transportation.
    (b) Prompt Medical Attention.--
            (1) Prohibition.--The Authority or person covered under 
        this section may not deny, delay, or interfere with the medical 
        or first aid treatment of an employee who is injured during the 
        course of employment. If transportation to a hospital is 
        requested by an employee who is injured during the course of 
        employment, the Authority shall promptly arrange to have the 
        injured employee transported to the nearest hospital where the 
        employee can receive safe and appropriate medical care.
            (2) Discipline.--The Authority or person covered under this 
        section may not discipline, or threaten discipline to, an 
        employee for requesting medical or first aid treatment, or for 
        following orders or a treatment plan of a treating physician, 
        except that the Authority's refusal to permit an employee to 
        return to work following medical treatment shall not be 
        considered a violation of this section if the refusal is 
        pursuant to Federal Railroad Administration medical standards 
        for fitness of duty or, if there are no pertinent Federal 
        Railroad Administration standards, the Authority's medical 
        standards for fitness for duty. For purposes of this paragraph, 
        the term ``discipline'' means to bring charges against a person 
        in a disciplinary proceeding, suspend, terminate, place on 
        probation, or make note of reprimand on an employee's record.
    (c) Hazardous Safety or Security Conditions.--
            (1) In general.--The authority, or a contractor or a 
        subcontractor of such authority, or an officer or employee of 
        such authority, shall not discharge, demote, suspend, 
        reprimand, or in any other way discriminate against an employee 
        for--
                    (A) reporting, in good faith, 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 
                condition, if the conditions described in paragraph (2) 
                of this subsection exist.
            (2) Protected refusal.--A refusal by an employee is 
        protected under paragraphs (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 confronting 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 
                authority of the existence of the hazardous condition 
                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) Applicability.--In this subsection, only subsection 
        (c)(1)(A) shall apply to security personnel, including transit 
        police, employed or utilized by the authority to protect 
        riders, equipment, assets, or facilities.
    (d) Enforcement Action.--
            (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), (b), or (c) 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 contained 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 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 
                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), (b), or (c) 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), (b), or (c) 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 
                        Secretary 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), (b), or (c) 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 subparagraph (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 of labor.--The Secretary of Labor may 
                        determine that a violation of subsection (a), 
                        (b), or (c) has occurred only if the 
                        complainant demonstrates that any behavior 
                        described in subsection (a), (b), or (c) was a 
                        contributing factor in the unfavorable 
                        personnel action alleged in the complaint.
                            (iv) Prohibition.--Relief may not be 
                        ordered under subparagraph (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 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 
                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 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), (b), or (c) has 
                occurred, the Secretary of Labor shall order the person 
                who committed such violation to--
                            (i) take affirmative action to abate the 
                        violation; and
                            (ii) provide the remedies described in 
                        subsection (e).
                    (C) Order.--If an order is issued under 
                subparagraph (B), the Secretary of Labor, at the 
                request of the complainant, 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's and expert witness fees) 
                reasonably incurred, as determined 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 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'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. 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 
                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 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 reasonable 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 complaint under 
        paragraph (1), if the Secretary of Labor has not issued a final 
        decision not later than 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 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 governed by 
        the same legal burdens of proof specified in paragraph (2)(B) 
        for review by the Secretary of Labor.
    (e) Remedies.--
            (1) In general.--An employee prevailing in any action under 
        subsection (d) shall be entitled to all relief necessary to 
        make the employee whole.
            (2) Damages.--Relief in an action under subsection (d) 
        (including an action described in subsection (d)(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 
                discrimination, including litigation costs, expert 
                witness fees, and reasonable attorney's fees.
    (f) Election of Remedies.--An employee may not seek protection 
under both this section and another provision of law for the same 
allegedly unlawful act of the authority.
    (g) Rights Retained by Employee.--Nothing in this section shall be 
construed to diminish the rights, privileges, or remedies of any 
employee under any Federal or State law, provision adopted by an 
authority created by an interstate Compact, or under any collective 
bargaining agreement. The rights and remedies in this section may not 
be waived by any agreement, policy, form, or condition of employment.
    (h) No Preemption.--Nothing in this section preempts or diminishes 
any other safeguards against discrimination, demotion, discharge, 
suspension, threats, harassment, reprimand, retaliation, or any other 
manner of discrimination provided by Federal or State law or provision 
adopted by an authority created by an interstate Compact.
    (i) Disclosure of Identity.--
            (1) Except as provided in paragraph (2) of this subsection, 
        or with the written consent of the employee, the Secretary of 
        Transportation or the Secretary of Homeland Security may not 
        disclose the name of an employee who has provided information 
        described in subsection (a)(1).
            (2) The Secretary of Transportation or the Secretary of 
        Homeland Security shall disclose to the Attorney General the 
        name of an employee described in paragraph (1) of this 
        subsection if the matter is referred to the Attorney General 
        for enforcement. The Secretary making such disclosure shall 
        provide reasonable advance notice to the affected employee if 
        disclosure of that person's identity or identifying information 
        is to occur.
    (j) Process for Reporting Security Problems to the Department of 
Homeland Security.--
            (1) Establishment of process.--The Secretary shall 
        establish through regulations after an opportunity for notice 
        and comment, and provide information to the public regarding, a 
        process by which any person may submit a report to the 
        Secretary regarding public transportation security problems, 
        deficiencies, or vulnerabilities.
            (2) Acknowledgment of receipt.--If a report submitted under 
        paragraph (1) identifies the person making the report, the 
        Secretary shall respond promptly to such person and acknowledge 
        receipt of the report.
            (3) Steps to address problem.--The Secretary shall review 
        and consider the information provided in any report submitted 
        under paragraph (1) and shall take appropriate steps to address 
        any problems or deficiencies identified.

SEC. 402. PROTECTION FROM WHISTLEBLOWER RETALIATIONS FROM LABOR UNION 
              OFFICIALS.

    (a) In General.--A labor organization or its officers 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--
            (1) to provide information, directly cause information 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 provision 
                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 assistance 
                is provided to or an investigation stemming from the 
                provided information is conducted by--
                            (i) a Federal, State, or local regulatory 
                        or law enforcement agency, or a regulatory or 
                        law enforcement agency created by an interstate 
                        Compact (including an office of the inspector 
                        general under the Inspector 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
                            (iii) 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 
        law, rule, or regulation relating to labor policy;
            (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 organization;
            (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 investigation by 
        any Federal, State, or local regulatory or law enforcement 
        agency, or a regulatory or law enforcement agency created by an 
        interstate Compact (including an office of the inspector 
        general under 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 
        misappropriation of funds.
    (b) Enforcement Action.--
            (1) Filing and notification.--A person who believes that he 
        or she has been discharged or otherwise discriminated against 
        by any person in connection 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 
        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 
        contained 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 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 
                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) 
                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) 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 
                        Secretary 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) was a contributing 
                        factor in the unfavorable personnel action 
                        alleged in the complaint.
                            (ii) Showing by labor organization 
                        officer.--Notwithstanding a finding by the 
                        Secretary of Labor that the complainant has 
                        made the showing required under clause (i), no 
                        investigation otherwise required under 
                        subparagraph (A) shall be conducted if the 
                        labor organization officer demonstrates, by 
                        clear and convincing evidence, that the labor 
                        organization officer would 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) 
                        has occurred only if the complainant 
                        demonstrates that any behavior described in 
                        subsection (a) was a contributing factor in the 
                        unfavorable personnel action alleged in the 
                        complaint.
                            (iv) Prohibition.--Relief may not be 
                        ordered under subparagraph (A) if the labor 
                        union officer demonstrates by clear and 
                        convincing evidence that the labor union 
                        officer 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 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 
                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 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) has occurred, the 
                Secretary of Labor shall order the person who committed 
                such violation 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 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 determined 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 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 labor 
                organization officer reasonable 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. 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 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 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 
                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 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 reasonable 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 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 
        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 governed by the 
        same legal burdens of proof specified in paragraph (2)(B) for 
        review by the Secretary of Labor.
    (c) Remedies.--
            (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 subsection (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 employer; and
                    (C) compensatory damages, including compensation 
                for any special damages sustained as a result of the 
                discrimination, including litigation 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 provision of law for the same 
allegedly unlawful act of the authority.
    (e) No Preemption.--Nothing in this section preempts or diminishes 
any other safeguards against discrimination, demotion, discharge, 
suspension, threats, harassment, reprimand, retaliation, or any other 
manner of discrimination provided by Federal or State law or provision 
adopted by an authority created by an interstate Compact.
    (f) Rights Retained by Employee.--Nothing in this section shall be 
construed to diminish the rights, privileges, or remedies of any 
employee under any Federal or State law, provision adopted by an 
authority created by an interstate Compact, or under any collective 
bargaining agreement. The rights and remedies in this section may not 
be waived by any agreement, policy, form, or condition of employment.

SEC. 403. RETIREMENT PLANS.

    With respect to pension and retirement benefits plans for employees 
of the Authority--
            (1) the Authority shall honor all pension obligations for 
        employees retired from the Authority and currently receiving a 
        pension;
            (2) the Authority shall, for employees who, on the date of 
        enactment of this Act, have accumulated a total of 5 years of 
        employment with the Authority, devise a system which limits 
        those enrolled in the Authority's pension plan to having not 
        more than 100 percent of base annual salary as the amount 
        counted toward the highest salary level for purposes of 
        calculating pension benefits;
            (3) the Authority may, with respect to those employees who 
        were hired before the date of enactment of this Act but who had 
        yet to accumulate a total of 5 years of employment with the 
        Authority, determine a benefits plan which may include a 
        combination of a defined benefit and a defined contribution; 
        and
            (4) the Authority shall, for all employees not enrolled in 
        the Authority's pension system on the date of enactment of this 
        Act, provide defined contribution retirement plans.
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