,i #aaeth ,,congress #b;d ,session ,h4 ,r4 #fheb ,,in ,,the ,,house ,,of ,,representatives ,september #bj1 #bjah,mrs4 ,comstock introduced the following bill2 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 #aiie1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,grants for ,reliable1 ,efficient1 and ,accountable ,transit ,act4 #b4 ,definitions ,for the purposes of this ,act3 7#a7 ,authority ,the term ,authority means the ,washington ,metropolitan ,area ,transit ,authority established under article ,,iii of the compact 7,public ,law #hi-ggd2 #hj ,stat4 #acbd74 7#b7 ,board ,the term ,board means the ,board of ,directors of the ,washington ,metropolitan ,area ,transit ,authority4 7#c7 ,compact ,the term ,compact means the ,washington ,metropolitan ,area ,transit ,authority ,compact4 7#d7 ,director ,the term ,director means a member of the ,board of ,directors of the ,washington ,metropolitan ,area ,transit ,authority4 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7#f7 ,signatory ,the term ,signatory means the ,state of ,maryland1 the ,commonwealth of ,virginia1 or the ,district of ,columbia4 7#g7 ,state ,the term ,state includes the ,district of ,columbia4 7#h7 ,,wmata ,the term ,,wmata means the ,washington ,metropolitan ,area ,transit ,authority4 7#i7 ,washington metropolitan area transit zone ,the term ,washington ,metropolitan ,area ,transit ,zone means the zone created by and described in section #c of the ,compact1 as well as any additional area that may be added pursuant to section #hc7;a7 of such ,compact4 ,i ,metro ,funding #a4 ,reauthorization of the authorization for capital and preventive maintenance projects for the ,washington ,metropolitan ,area ,transit ,authority ,section #fja7;f7 of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7,public ,law #aaj-dcb2 #abf ,stat4 #difh7 is amended to read as follows3 7f7 ,amount ,there are authorized to be appropriated to the ,secretary of ,transportation for grants under this section an aggregate amount not to exceed #a1ejj1jjj1jjj to be available in increments in each fiscal year next occurring until such funding is expended4 4 ,,ii ,arbitration #a4 ,national capital area interest arbitration standards ,sections #ahcja through #ahcjd of chapter #ahc of title #dj1 ,united ,states ,code1 are amended to read as follows3 #ahcja4 ,findings and purposes 7a7 ,findings ,congress finds that-- 7#a7 safe1 reliable1 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 capital2 7#b7 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 services1 prices that are substantially affected by labor costs1 since more than #gj percent of operating costs are attributable to labor costs2 7#c7 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 area2 7#d7 higher operating costs incurred for public transit in the national capital area cannot be offset by increasing costs to patrons1 since this often discourages ridership and thus undermines the public interest in promoting the use of public transit2 7#e7 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 safety2 7#f7 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 obligations2 7#g7 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 costs1 legacy benefit obligations1 capital needs1 and reserve levels2 7#h7 imposition of mandatory standards applicable to arbitrators resolving arbitration disputes involving interstate ,compact agencies operating in the national capital area will ensure that wages1 benefits1 and other terms and conditions of employment1 including work rules1 are justified and do not adversely impact the ability of the interstate ,compact agencies to provide affordable1 safe1 and reliable public transit services at levels sufficient to serve the needs of the ,washington metropolitan area2 7#i7 ,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 stress2 and 7#aj7 ,federal legislation is necessary under section #h of article ,i of the ,constitution to balance the need to moderate and lower labor costs while maintaining labor peace4 7b7 ,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 safe1 reliable1 and affordable public transit services at sufficient levels in the ,washington metropolitan area4 #ahcjb4 ,definitions ,in this chapter1 the following definitions apply3 7#a7 ,arbitration ,the term arbitration-- 7,a7 means the arbitration of disputes1 regarding the terms and conditions of employment1 that is required under an interstate ,compact governing an interstate ,compact agency operating in the national capital area2 but 7,b7 does not include the interpretation and application of rights arising from an existing collective bargaining agreement4 7#b7 ,arbitrator ,the term arbitrator refers to either a single arbitrator1 or a board of arbitrators1 chosen under applicable procedures4 7#c7 ,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 signatory4 7#d7 ,financial stress ,the term financial stress means that at least two of the following #c financial issues are affecting an interstate ,compact agency operating in the national capital area3 7,a7 ,the interstate ,compact agency's ratio of operating revenues 7excluding any subsidy payment or budgetary assistance7 to operating expenses 7as measured on the last date of each fiscal year7 has decreased in the aggregate over the preceding #b-year period4 7,b7 ,the interstate ,compact agency has taken at least one of the following measures during the preceding #b-year period3 7i7 ,reduced service4 7ii7 ,increased fares4 7iii7 ,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 systems4 7,c7 ,it is not reasonably foreseeable that the interstate ,compact agency will be in a state of good repair within the following #b 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 future4 #ahcjc4 ,standards for arbitrators 7a7 ,definition ,in this section1 the term public welfare means1 with respect to arbitration under an interstate ,compact-- 7#a7 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 safe1 reliable1 and affordable public transportation at sufficient levels2 7#b7 the ability of the interstate ,compact agency to finance wages and benefits resulting from an arbitrator's award as set forth in subsection 7c72 and 7#c7 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 ,federal1 ,state1 or local governments to conduct business4 7b7 ,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 factors1 in addition to the factors prescribed in subsection 7c73 7#a7 ,the existing wages1 benefits1 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 welfare4 7#b7 ,the reasonably available and ongoing financial resources of the interstate ,compact agency1 taking into account the liabilities and obligations 7including capital needs1 legacy benefit obligations1 and reserve levels7 of the interstate ,compact agency1 based on the agency's budget for the current year and its projected budget for the next #aj years4 7#c7 ,the annual increase or decrease in consumer prices for goods and services as reflected in the most recent ,consumer ,price ,index for the ,washington-,baltimore1 ,,dc-,,md-,,va-,,wv ,consolidated ,metropolitan ,statistical ,area1 published by the ,bureau of ,labor ,statistics4 7#d7 ,the wages1 benefits1 and terms and conditions of the employment of other employees in the ,district of ,columbia1 ,maryland1 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 wages1 benefits1 and terms and conditions of employment of employees working outside of the ,district of ,columbia1 ,maryland1 and ,virginia4 7#e7 ,the wages1 benefits1 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 unit1 including any hazards or the relative ease of employment1 physical requirements1 educational qualifications1 job training and skills1 shift assignments1 and the demands placed upon the employees as compared to only other employees of the same interstate ,compact agency4 7#f7 ,the interests and welfare of the employees in the bargaining unit1 including-- 7,a7 the overall compensation presently received by the employees1 having regard not only for wage rates but also for wages for time not worked1 including vacations1 holidays1 and other excused absences2 7,b7 all benefits received by the employees1 including previous bonuses1 insurance1 and pensions2 and 7,c7 the continuity and stability of employment1 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 reductions4 7#g7 ,the public welfare4 7c7 ,ability ,to finance wages and benefits provided in award 7#a7 ,in general ,an arbitrator rendering an arbitration award involving the employees of an interstate ,compact agency operating in the national capital area shall not1 with respect to a collective bargaining agreement governing conditions of employment1 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 safe1 reliable1 and affordable transit services at levels sufficient to serve the needs of the ,washington metropolitan area4 7#b7 ,compliance conditions ,the following conditions shall be met to comply with this subsection3 7,a7 ,an arbitrator's award shall not provide for wages and benefits that will result in an annual increase in operating subsidy of more than #a4e percent inclusive of both labor and nonlabor-related operating costs1 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 safe1 reliable1 and affordable public transportation at sufficient levels4 7,b7 ,during those periods of time when an interstate ,compact agency operating in the national capital area is financially stressed1 the arbitrator shall issue an award that either reduces or does not increase the interstate ,compact agency's personnel costs4 7,c7 ,the arbitrator's award must give substantial deference to the evidence presented by the interstate ,compact agency's management regarding financial issues4 7,d7 ,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 obligations4 7d7 ,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 7b7 independently from the factors in subsection 7c74 7e7 ,requirements for final award 7#a7 ,written award ,in resolving a dispute submitted to arbitration involving the employees of an interstate ,compact agency operating in the national capital area1 the arbitrator shall issue a written award that demonstrates that all the factors set forth in subsections 7b7 and 7c7 have been considered and applied and that the arbitrator has not considered and applied any other factors4 7#b7 ,prerequisites ,an award may grant an increase in pay rates or benefits 7including insurance and pension benefits71 or reduce hours of work1 only if the arbitrator concludes that any costs to the agency do not adversely affect the public welfare4 7#c7 ,substantial evidence ,the arbitrator's conclusion regarding the public welfare must be supported by substantial evidence4 7f7 ,compliance with section #eccc7;b7 of title #di1 united states code 7#a7 ,clarification ,neither the existence of this statute1 nor any arbitrator's award issues pursuant to this law1 shall be deemed to violate the requirements of section #eccc7;b7 of title #di1 ,united ,states ,code4 7#b7 ,prohibition on denial ,for the avoidance of doubt1 the ,department of ,labor or the ,department of ,transportation shall not deny any certification of compliance with section #eccc7;b7 of title #di1 ,united ,states ,code1 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 statute4 #ahcjd4 ,procedures for enforcement of awards 7a7 ,modifications and finality of award ,within #aj days after the parties receive an arbitration award to which section #ahcjc of this title applies1 the interstate ,compact agency and the employees1 through their representative1 may agree in writing on any modifications to the award4 ,after the end of that #aj-;day period1 the award1 and any modifications1 become binding on the interstate ,compact agency1 the employees in the bargaining unit1 and the employees' representative4 7b7 ,implementation ,each party to an award that becomes binding under subsection 7a7 shall take all actions necessary to implement the award4 7c7 ,judicial review ,not later than #fj days after an award becomes binding under subsection 7a71 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 award4 ,the court shall review the award on the record1 and shall vacate the award or any part of the award1 after notice and a hearing1 if-- 7#a7 the award is in violation of applicable law2 7#b7 the arbitrator exceeded the arbitrator's powers2 7#c7 the decision by the arbitrator is arbitrary or capricious2 7#d7 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 party2 7#e7 there was partiality or misconduct by the arbitrator prejudicing the rights of a party2 7#f7 the award was procured by corruption1 fraud1 or bias on the part of the arbitrator2 or 7#g7 the arbitrator did not comply with the provisions of section #ahcjc of this title4 4 ,,iii ,limits on ,annual ,spending ,increases #cja4 ,limit on annual contributions from funding jurisdictions for operations ,not later than #a year after the date of enactment of this ,act1 the ,signatories shall amend the ,compact to limit the annual growth in the rate of spending by each ,signatory by not more than #c percent to subsidize operational needs of the ,authority4 ,,iv ,employees #dja4 ,,wmata employee whistleblower protection 7a7 ,in general ,the ,authority1 a contractor or a subcontractor of the ,authority1 or an officer or employee of the ,authority1 shall not discharge1 demote1 suspend1 reprimand1 or in any other way discriminate against an employee with respect to the terms and conditions of employment if such discrimination is due1 in whole or in part1 to the employee's lawful1 good faith act done1 or perceived by the employer to have been done or about to be done-- 7#a7 to provide information1 directly cause information to be provided1 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 security1 or fraud1 waste1 or abuse of ,federal grants or other public funds intended to be used for public transportation safety or security1 if the information or assistance is provided to or an investigation stemming from the provided information is conducted by-- 7,a7 a ,federal1 ,state1 or local regulatory or law enforcement agency1 or a regulatory or law enforcement agency created by an interstate ,compact 7including an office of the ,inspector ,general under the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app42 ,public ,law #ie-deb772 7,b7 any ,member of ,congress1 any committee of ,congress1 or the ,government ,accountability ,office2 or 7,c7 a person with supervisory authority over the employee or such other person who has the authority to investigate1 discover1 or terminate the misconduct2 7#b7 to refuse to violate or assist in the violation of any ,federal law1 rule1 or regulation relating to public transportation safety or security2 7#c7 to file a complaint or directly cause to be brought a proceeding related to the enforcement of this section or to testify in that proceeding2 7#d7 to notify1 or attempt to notify1 the ,authority1 the inspector general1 or the ,secretary of ,transportation of a work-related personal injury or work-related illness of an employee2 7#e7 to accurately report hours on duty pursuant to chapter #baa of title #di1 ,united ,states ,code2 7#f7 to cooperate with a safety or security investigation by the ,secretary of ,transportation1 the ,secretary of ,homeland ,security1 or the ,national ,transportation ,safety ,board2 or 7#g7 to furnish information to the ,secretary of ,transportation1 the ,secretary of ,homeland ,security1 the ,national ,transportation ,safety ,board1 or any ,federal1 ,state1 or local regulatory or law enforcement agency1 or a regulatory or law enforcement agency created by an interstate ,compact1 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 transportation4 7b7 ,prompt medical attention 7#a7 ,prohibition ,the ,authority or person covered under this section may not deny1 delay1 or interfere with the medical or first aid treatment of an employee who is injured during the course of employment4 ,if transportation to a hospital is requested by an employee who is injured during the course of employment1 the ,authority shall promptly arrange to have the injured employee transported to the nearest hospital where the employee can receive safe and appropriate medical care4 7#b7 ,discipline ,the ,authority or person covered under this section may not discipline1 or threaten discipline to1 an employee for requesting medical or first aid treatment1 or for following orders or a treatment plan of a treating physician1 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 or1 if there are no pertinent ,federal ,railroad ,administration standards1 the ,authority's medical standards for fitness for duty4 ,for purposes of this paragraph1 the term discipline means to bring charges against a person in a disciplinary proceeding1 suspend1 terminate1 place on probation1 or make note of reprimand on an employee's record4 7c7 ,hazardous safety or security conditions 7#a7 ,in general ,the authority1 or a contractor or a subcontractor of such authority1 or an officer or employee of such authority1 shall not discharge1 demote1 suspend1 reprimand1 or in any other way discriminate against an employee for-- 7,a7 reporting1 in good faith1 a hazardous safety or security condition2 7,b7 refusing to work when confronted by a hazardous safety or security condition related to the performance of the employee's duties1 if the conditions described in paragraph 7#b7 exist2 or 7,c7 refusing to authorize the use of any safety or security-related equipment1 track1 or structures1 if the employee is responsible for the inspection or repair of the equipment1 track1 or structures1 when the employee believes that the equipment1 track1 or structures are in a hazardous safety or security condition1 if the conditions described in paragraph 7#b7 of this subsection exist4 7#b7 ,protected refusal ,a refusal by an employee is protected under paragraphs 7#a7 7,b7 and 7,c7 if-- 7,a7 the refusal is made in good faith and no reasonable alternative to the refusal is available to the employee2 7,b7 a reasonable individual in the circumstances then confronting the employee would conclude that-- 7i7 the hazardous condition presents an imminent danger of death or serious injury2 and 7ii7 the urgency of the situation does not allow sufficient time to eliminate the danger without such refusal2 and 7,c7 the employee1 where possible1 has notified the authority of the existence of the hazardous condition and the intention not to perform further work1 or not to authorize the use of the hazardous equipment1 track1 or structures1 unless the condition is corrected immediately or the equipment1 track1 or structures are repaired properly or replaced4 7#c7 ,applicability ,in this subsection1 only subsection 7c77#a77;,a7 shall apply to security personnel1 including transit police1 employed or utilized by the authority to protect riders1 equipment1 assets1 or facilities4 7d7 ,enforcement action 7#a7 ,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 7a71 7b71 or 7c7 may1 not later than #ahj days after the date on which such violation occurs1 file 7or have any person file on his or her behalf7 a complaint with the ,secretary of ,labor alleging such discharge or discrimination4 ,upon receipt of a complaint filed under this paragraph1 the ,secretary of ,labor shall notify1 in writing1 the person named in the complaint and the person's employer of the filing of the complaint1 of the allegations contained in the complaint1 of the substance of evidence supporting the complaint1 and of the opportunities that will be afforded to such person under paragraph 7#b74 7#b7 ,investigation2 preliminary order 7,a7 ,in general ,not later than #fj days after the date of receipt of a complaint filed under paragraph 7#a7 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 witnesses1 the ,secretary of ,labor shall conduct an investigation and determine whether there is reasonable cause to believe that the complaint has merit and notify1 in writing1 the complainant and the person alleged to have committed a violation of subsection 7a71 7b71 or 7c7 of the ,secretary of ,labor's findings4 ,if the ,secretary of ,labor concludes that there is a reasonable cause to believe that a violation of subsection 7a71 7b71 or 7c7 has occurred1 the ,secretary of ,labor shall accompany the ,secretary of ,labor's findings with a preliminary order providing the relief prescribed by paragraph 7#c77;,b74 ,not later than #cj days after the date of notification of findings under this paragraph1 either the person alleged to have committed the violation or the complainant may file objections to the findings or preliminary order1 or both1 and request a hearing on the record4 ,the filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order4 ,such hearings shall be conducted expeditiously4 ,if a hearing is not requested in such #cj-;day period1 the preliminary order shall be deemed a final order that is not subject to judicial review4 7,b7 ,requirements 7i7 ,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 7,a7 unless the complainant makes a prima facie showing that any behavior described in subsection 7a71 7b71 or 7c7 was a contributing factor in the unfavorable personnel action alleged in the complaint4 7ii7 ,showing by employer ,notwithstanding a finding by the ,secretary of ,labor that the complainant has made the showing required under clause 7i71 no investigation otherwise required under subparagraph 7,a7 shall be conducted if the employer demonstrates1 by clear and convincing evidence1 that the employer would have taken the same unfavorable personnel action in the absence of that behavior4 7iii7 ,criteria for determination by ,secretary of ,labor ,the ,secretary of ,labor may determine that a violation of subsection 7a71 7b71 or 7c7 has occurred only if the complainant demonstrates that any behavior described in subsection 7a71 7b71 or 7c7 was a contributing factor in the unfavorable personnel action alleged in the complaint4 7iv7 ,prohibition ,relief may not be ordered under subparagraph 7,a7 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 behavior4 7#c7 ,final order 7,a7 ,deadline for issuance2 settlement agreements ,not later than #abj days after the date of conclusion of a hearing under paragraph 7#b71 the ,secretary of ,labor shall issue a final order providing the relief prescribed by this paragraph or denying the complaint4 ,at any time before issuance of a final order1 a proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the ,secretary of ,labor1 the complainant1 and the person alleged to have committed the violation4 7,b7 ,remedy ,if1 in response to a complaint filed under paragraph 7#a71 the ,secretary of ,labor determines that a violation of subsection 7a71 7b71 or 7c7 has occurred1 the ,secretary of ,labor shall order the person who committed such violation to-- 7i7 take affirmative action to abate the violation2 and 7ii7 provide the remedies described in subsection 7e74 7,c7 ,order ,if an order is issued under subparagraph 7,b71 the ,secretary of ,labor1 at the request of the complainant1 shall assess against the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses 7including attorney's and expert witness fees7 reasonably incurred1 as determined by the ,secretary of ,labor1 by the complainant for1 or in connection with1 bringing the complaint upon which the order was issued4 7,d7 ,frivolous complaints ,if the ,secretary of ,labor finds that a complaint under paragraph 7#a7 is frivolous or has been brought in bad faith1 the ,secretary of ,labor may award to the prevailing employer reasonable attorney's fees not exceeding #a1jjj4 7#d7 ,review 7,a7 ,appeal to ,court of ,appeals ,any person adversely affected or aggrieved by an order issued under paragraph 7#c7 may obtain review of the order in the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit4 ,the petition for review must be filed not later than #fj days after the date of the issuance of the final order of the ,secretary of ,labor4 ,review shall conform to chapter #g of title #e1 ,united ,states ,code4 ,the commencement of proceedings under this subparagraph shall not1 unless ordered by the court1 operate as a stay of the order4 7,b7 ,limitation on collateral attack ,an order of the ,secretary of ,labor with respect to which review could have been obtained under subparagraph 7,a7 shall not be subject to judicial review in any criminal or other civil proceeding4 7#e7 ,enforcement of order by ,secretary of ,labor ,whenever any person has failed to comply with an order issued under paragraph 7#c71 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 order4 ,in actions brought under this paragraph1 the district courts shall have jurisdiction to grant all appropriate relief including1 but not limited to1 injunctive relief and compensatory damages4 7#f7 ,enforcement of order by parties 7,a7 ,commencement of action ,a person on whose behalf an order was issued under paragraph 7#c7 may commence a civil action against the person to whom such order was issued to require compliance with such order4 ,the appropriate ,united ,states district court shall have jurisdiction1 without regard to the amount in controversy or the citizenship of the parties1 to enforce such order4 7,b7 ,attorney's fees ,the court1 in issuing any final order under this paragraph1 may award costs of litigation 7including reasonable attorney's and expert witness fees7 to any party whenever the court determines such award is appropriate4 7#g7 ,de novo review ,with respect to a complaint under paragraph 7#a71 if the ,secretary of ,labor has not issued a final decision not later than #baj days after the filing of the complaint and if the delay is not due to the bad faith of the employee1 the employee may bring an original action at law or equity for de novo review in the appropriate district court of the ,united ,states1 which shall have jurisdiction over such an action without regard to the amount in controversy1 and which action shall1 at the request of either party to such action1 be tried by the court with a jury4 ,the action shall be governed by the same legal burdens of proof specified in paragraph 7#b77;,b7 for review by the ,secretary of ,labor4 7e7 ,remedies 7#a7 ,in general ,an employee prevailing in any action under subsection 7d7 shall be entitled to all relief necessary to make the employee whole4 7#b7 ,damages ,relief in an action under subsection 7d7 7including an action described in subsection 7d77#g77 shall include-- 7,a7 reinstatement with the same seniority status that the employee would have had1 but for the discrimination2 7,b7 any backpay1 with interest2 and 7,c7 compensatory damages1 including compensation for any special damages sustained as a result of the discrimination1 including litigation costs1 expert witness fees1 and reasonable attorney's fees4 7f7 ,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 authority4 7g7 ,rights retained by employee ,nothing in this section shall be construed to diminish the rights1 privileges1 or remedies of any employee under any ,federal or ,state law1 provision adopted by an authority created by an interstate ,compact1 or under any collective bargaining agreement4 ,the rights and remedies in this section may not be waived by any agreement1 policy1 form1 or condition of employment4 7h7 ,no preemption ,nothing in this section preempts or diminishes any other safeguards against discrimination1 demotion1 discharge1 suspension1 threats1 harassment1 reprimand1 retaliation1 or any other manner of discrimination provided by ,federal or ,state law or provision adopted by an authority created by an interstate ,compact4 7i7 ,disclosure of identity 7#a7 ,except as provided in paragraph 7#b7 of this subsection1 or with the written consent of the employee1 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 7a77#a74 7#b7 ,the ,secretary of ,transportation or the ,secretary of ,homeland ,security shall disclose to the ,attorney ,general the name of an employee described in paragraph 7#a7 of this subsection if the matter is referred to the ,attorney ,general for enforcement4 ,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 occur4 7j7 ,process for reporting security problems to the department of homeland security 7#a7 ,establishment of process ,the ,secretary shall establish through regulations after an opportunity for notice and comment1 and provide information to the public regarding1 a process by which any person may submit a report to the ,secretary regarding public transportation security problems1 deficiencies1 or vulnerabilities4 7#b7 ,acknowledgment of receipt ,if a report submitted under paragraph 7#a7 identifies the person making the report1 the ,secretary shall respond promptly to such person and acknowledge receipt of the report4 7#c7 ,steps to address problem ,the ,secretary shall review and consider the information provided in any report submitted under paragraph 7#a7 and shall take appropriate steps to address any problems or deficiencies identified4 #djb4 ,protection from whistleblower retaliations from labor union officials 7a7 ,in general ,a labor organization or its officers or agents shall not discriminate against an employee if such discrimination is due1 in whole or in part1 to the employee's lawful1 good faith act done1 or perceived by the labor organization to have been done or about to be done-- 7#a7 to provide information1 directly cause information to be provided1 or otherwise directly assist in any investigation regarding any conduct which the employee reasonably believes constitutes a violation of-- 7,a7 any ,federal law or regulation or provision adopted by an authority created by an interstate ,compact2 7,b7 any bylaw of the labor organization2 or 7,c7 any fraud1 waste1 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-- 7i7 a ,federal1 ,state1 or local regulatory or law enforcement agency1 or a regulatory or law enforcement agency created by an interstate ,compact 7including an office of the inspector general under the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app42 ,public ,law #ie-deb772 7ii7 any ,member of ,congress1 any committee of ,congress1 or the ,government ,accountability ,office2 or 7iii7 a person with supervisory authority over the employee or such other person who has the authority to investigate1 discover1 or terminate the misconduct2 7#b7 to refuse to violate or assist in the violation of any law1 rule1 or regulation relating to labor policy2 7#c7 to refuse to violate or assist in the violation of any bylaw of the labor organization2 7#d7 to file a complaint or directly cause to be brought a proceeding related to the enforcement of this section or to testify in that proceeding2 7#e7 to notify1 or attempt to notify1 an officer of the labor union1 the employer1 the inspector general1 or the ,secretary of ,labor of a violation of a law1 rule1 regulation1 or a bylaw of the labor organization2 7#f7 to accurately report hours on duty pursuant to chapter #baa of title #di1 ,united ,states ,code2 7#g7 to cooperate with a safety or security investigation by any ,federal1 ,state1 or local regulatory or law enforcement agency1 or a regulatory or law enforcement agency created by an interstate ,compact 7including an office of the inspector general under the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app42 ,public ,law #ie-deb772 or 7#h7 to furnish information to any ,federal1 ,state1 or local regulatory or law enforcement agency1 or a regulatory or law enforcement agency created by an interstate ,compact1 as to the facts relating to any accident or incident resulting in injury or death to an individual1 damage to property1 or misappropriation of funds4 7b7 ,enforcement action 7#a7 ,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 7a7 may1 not later than #ahj days after the date on which such violation occurs1 file 7or have any person file on his or her behalf7 a complaint with the ,secretary of ,labor alleging such discharge or discrimination4 ,upon receipt of a complaint filed under this paragraph1 the ,secretary of ,labor shall notify1 in writing1 the person named in the complaint and the person's employer of the filing of the complaint1 of the allegations contained in the complaint1 of the substance of evidence supporting the complaint1 and of the opportunities that will be afforded to such person under paragraph 7#b74 7#b7 ,investigation2 preliminary order 7,a7 ,in general ,not later than #fj days after the date of receipt of a complaint filed under paragraph 7#a7 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 witnesses1 the ,secretary of ,labor shall conduct an investigation and determine whether there is reasonable cause to believe that the complaint has merit and notify1 in writing1 the complainant and the person alleged to have committed a violation of subsection 7a7 of the ,secretary of ,labor's findings4 ,if the ,secretary of ,labor concludes that there is a reasonable cause to believe that a violation of subsection 7a7 has occurred1 the ,secretary of ,labor shall accompany the ,secretary of ,labor's findings with a preliminary order providing the relief prescribed by paragraph 7#c77;,b74 ,not later than #cj days after the date of notification of findings under this paragraph1 either the person alleged to have committed the violation or the complainant may file objections to the findings or preliminary order1 or both1 and request a hearing on the record4 ,the filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order4 ,such hearings shall be conducted expeditiously4 ,if a hearing is not requested in such #cj-;day period1 the preliminary order shall be deemed a final order that is not subject to judicial review4 7,b7 ,requirements 7i7 ,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 7,a7 unless the complainant makes a prima facie showing that any behavior described in subsection 7a7 was a contributing factor in the unfavorable personnel action alleged in the complaint4 7ii7 ,showing by labor organization officer ,notwithstanding a finding by the ,secretary of ,labor that the complainant has made the showing required under clause 7i71 no investigation otherwise required under subparagraph 7,a7 shall be conducted if the labor organization officer demonstrates1 by clear and convincing evidence1 that the labor organization officer would have taken the same unfavorable personnel action in the absence of that behavior4 7iii7 ,criteria for determination by ,secretary of ,labor ,the ,secretary of ,labor may determine that a violation of subsection 7a7 has occurred only if the complainant demonstrates that any behavior described in subsection 7a7 was a contributing factor in the unfavorable personnel action alleged in the complaint4 7iv7 ,prohibition ,relief may not be ordered under subparagraph 7,a7 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 behavior4 7#c7 ,final order 7,a7 ,deadline for issuance2 settlement agreements ,not later than #abj days after the date of conclusion of a hearing under paragraph 7#b71 the ,secretary of ,labor shall issue a final order providing the relief prescribed by this paragraph or denying the complaint4 ,at any time before issuance of a final order1 a proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the ,secretary of ,labor1 the complainant1 and the person alleged to have committed the violation4 7,b7 ,remedy ,if1 in response to a complaint filed under paragraph 7#a71 the ,secretary of ,labor determines that a violation of subsection 7a7 has occurred1 the ,secretary of ,labor shall order the person who committed such violation to-- 7i7 take affirmative action to abate the violation2 and 7ii7 provide the remedies described in subsection 7c74 7,c7 ,order ,if an order is issued under subparagraph 7,b71 the ,secretary of ,labor1 at the request of the complainant1 shall assess against the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses 7including attorney's and expert witness fees7 reasonably incurred1 as determined by the ,secretary of ,labor1 by the complainant for1 or in connection with1 bringing the complaint upon which the order was issued4 7,d7 ,frivolous complaints ,if the ,secretary of ,labor finds that a complaint under paragraph 7#a7 is frivolous or has been brought in bad faith1 the ,secretary of ,labor may award to the prevailing labor organization officer reasonable attorney's fees not exceeding #a1jjj4 7#d7 ,review 7,a7 ,appeal to ,court of ,appeals ,any person adversely affected or aggrieved by an order issued under paragraph 7#c7 may obtain review of the order in the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit4 ,the petition for review must be filed not later than #fj days after the date of the issuance of the final order of the ,secretary of ,labor4 ,review shall conform to chapter #g of title #e1 ,united ,states ,code4 ,the commencement of proceedings under this subparagraph shall not1 unless ordered by the court1 operate as a stay of the order4 7,b7 ,limitation on collateral attack ,an order of the ,secretary of ,labor with respect to which review could have been obtained under subparagraph 7,a7 shall not be subject to judicial review in any criminal or other civil proceeding4 7#e7 ,enforcement of order by ,secretary of ,labor ,whenever any person has failed to comply with an order issued under paragraph 7#c71 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 order4 ,in actions brought under this paragraph1 the district courts shall have jurisdiction to grant all appropriate relief including1 but not limited to1 injunctive relief and compensatory damages4 7#f7 ,enforcement of order by parties 7,a7 ,commencement of action ,a person on whose behalf an order was issued under paragraph 7#c7 may commence a civil action against the person to whom such order was issued to require compliance with such order4 ,the appropriate ,united ,states district court shall have jurisdiction1 without regard to the amount in controversy or the citizenship of the parties1 to enforce such order4 7,b7 ,attorney's fees ,the court1 in issuing any final order under this paragraph1 may award costs of litigation 7including reasonable attorney's and expert witness fees7 to any party whenever the court determines such award is appropriate4 7#g7 ,de novo review ,with respect to a complaint under paragraph 7#a71 if the ,secretary of ,labor has not issued a final decision within #baj days after the filing of the complaint and if the delay is not due to the bad faith of the employee1 the employee may bring an original action at law or equity for de novo review in the appropriate district court of the ,united ,states1 which shall have jurisdiction over such an action without regard to the amount in controversy1 and which action shall1 at the request of either party to such action1 be tried by the court with a jury4 ,the action shall be governed by the same legal burdens of proof specified in paragraph 7#b77;,b7 for review by the ,secretary of ,labor4 7c7 ,remedies 7#a7 ,in general ,an employee prevailing in any action under subsection 7b7 shall be entitled to all relief necessary to make the employee whole4 7#b7 ,damages ,relief in an action under subsection 7b7 shall include-- 7,a7 reinstatement with the same seniority status that the employee would have had1 but for the discrimination2 7,b7 any backpay1 with interest1 to be paid by the labor organization in lieu of the employer2 and 7,c7 compensatory damages1 including compensation for any special damages sustained as a result of the discrimination1 including litigation costs1 expert witness fees1 and reasonable attorney's fees4 7#c7 ,possible relief ,relief in any action under subsection 7b7 may include punitive damages in an amount not to exceed #bej1jjj4 7d7 ,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 authority4 7e7 ,no preemption ,nothing in this section preempts or diminishes any other safeguards against discrimination1 demotion1 discharge1 suspension1 threats1 harassment1 reprimand1 retaliation1 or any other manner of discrimination provided by ,federal or ,state law or provision adopted by an authority created by an interstate ,compact4 7f7 ,rights retained by employee ,nothing in this section shall be construed to diminish the rights1 privileges1 or remedies of any employee under any ,federal or ,state law1 provision adopted by an authority created by an interstate ,compact1 or under any collective bargaining agreement4 ,the rights and remedies in this section may not be waived by any agreement1 policy1 form1 or condition of employment4 #djc4 ,retirement plans ,with respect to pension and retirement benefits plans for employees of the ,authority-- 7#a7 the ,authority shall honor all pension obligations for employees retired from the ,authority and currently receiving a pension2 7#b7 the ,authority shall1 for employees who1 on the date of enactment of this ,act1 have accumulated a total of #e years of employment with the ,authority1 devise a system which limits those enrolled in the ,authority's pension plan to having not more than #ajj percent of base annual salary as the amount counted toward the highest salary level for purposes of calculating pension benefits2 7#c7 the ,authority may1 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 #e years of employment with the ,authority1 determine a benefits plan which may include a combination of a defined benefit and a defined contribution2 and 7#d7 the ,authority shall1 for all employees not enrolled in the ,authority's pension system on the date of enactment of this ,act1 provide defined contribution retirement plans4