Grants for Reliable, Efficient, and Accountable Transit Act
This bill amends the Passenger Rail Investment and Improvement Act of 2008 to reauthorize capital and preventive maintenance projects for the Washington Metropolitan Area Transit Authority (WMATA).
The bill revises provisions relating to standards for WMATA arbitrators and enforcement of awards in labor disputes.
The state of Maryland, the Commonwealth of Virginia, and the District of Columbia (Signatories) shall amend the WMATA Compact to limit the annual growth in the rate of spending by each signatory by not more than 3% to subsidize operational needs of WMATA.
The bill sets forth whistle-blower protections for WMATA employees and criteria for pension benefits for current and prospective WMATA employees.
[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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Highways and Transit.
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