I 
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 Na-
tional 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 Representa-
tives 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: 
VerDate Sep 11 2014 
22:12 Sep 24, 2018
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6852.IH
H6852
daltland on DSKBBV9HB2PROD with BILLS
(1) AUTHORITY.—The term ‘‘Authority’’ means 
the Washington Metropolitan Area Transit Author-
ity 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 Author-
ity Compact. 
(4) DIRECTOR.—The term ‘‘Director’’ means a 
member of the Board of Directors of the Wash-
ington 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 Vir-
ginia, 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 TRAN-
SIT
ZONE.—The term ‘‘Washington Metropolitan 
Area Transit Zone’’ means the zone created by and 
VerDate Sep 11 2014 
22:12 Sep 24, 2018
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6852.IH
H6852
daltland on DSKBBV9HB2PROD with BILLS
described in section 3 of the Compact, as well as any 
additional area that may be added pursuant to sec-
tion 83(a) of such Compact. 
TITLE I—METRO FUNDING 
SEC. 1. REAUTHORIZATION OF THE AUTHORIZATION FOR 
CAPITAL AND PREVENTIVE MAINTENANCE 
PROJECTS FOR THE WASHINGTON METRO-
POLITAN 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 appro-
priated 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: 
‘‘§ 18301. Findings and purposes 
‘‘(a) FINDINGS.—Congress finds that— 
‘‘(1) safe, reliable, and affordable public trans-
portation at sufficient levels is essential to the eco-
VerDate Sep 11 2014 
22:12 Sep 24, 2018
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6852.IH
H6852
daltland on DSKBBV9HB2PROD with BILLS
nomic 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 visi-
tors to the national capital area as well as to pre-
serve 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 substan-
tially 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 agen-
cies 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 dis-
courages 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 
VerDate Sep 11 2014 
22:12 Sep 24, 2018
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6852.IH
H6852
daltland on DSKBBV9HB2PROD with BILLS
by service cuts since this undermines the public in-
terest 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 pe-
riods of time when an interstate Compact agency op-
erating in the national capital area providing public 
transportation is financially stressed taking into ac-
count operating costs, legacy benefit obligations, 
capital needs, and reserve levels; 
‘‘(8) imposition of mandatory standards appli-
cable to arbitrators resolving arbitration disputes in-
volving interstate Compact agencies operating in the 
national capital area will ensure that wages, bene-
fits, and other terms and conditions of employment, 
including work rules, are justified and do not ad-
versely 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; 
VerDate Sep 11 2014 
22:12 Sep 24, 2018
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6852.IH
H6852
daltland on DSKBBV9HB2PROD with BILLS
‘‘(9) Federal legislation is required to ensure 
that interest arbitration decisions do not adversely 
impact the ability of interstate Compact agencies op-
erating 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 cap-
ital 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 metropoli-
tan area. 
‘‘§ 18302. Definitions 
‘‘In this chapter, the following definitions apply: 
‘‘(1) ARBITRATION.—The term ‘arbitration’— 
‘‘(A) means the arbitration of disputes, re-
garding the terms and conditions of employ-
ment, that is required under an interstate Com-
VerDate Sep 11 2014 
22:12 Sep 24, 2018
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6852.IH
H6852
daltland on DSKBBV9HB2PROD with BILLS
pact 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 exist-
ing collective bargaining agreement. 
‘‘(2) ARBITRATOR.—The term ‘arbitrator’ re-
fers to either a single arbitrator, or a board of arbi-
trators, chosen under applicable procedures. 
‘‘(3) INTERSTATE
COMPACT
AGENCY
OPER-
ATING 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 es-
tablished by an interstate Compact to which the Dis-
trict of Columbia is a signatory. 
‘‘(4) FINANCIAL STRESS.—The term ‘financial 
stress’ means that at least two of the following 3 fi-
nancial 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 sub-
sidy payment or budgetary assistance) to oper-
ating expenses (as measured on the last date of 
each fiscal year) has decreased in the aggregate 
over the preceding 2-year period. 
VerDate Sep 11 2014 
22:12 Sep 24, 2018
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6852.IH
H6852
daltland on DSKBBV9HB2PROD with BILLS
‘‘(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 Administra-
tion’s Transit Economic Requirements Model or 
any other alternative model that the Federal 
Transit Administration may utilize in the fu-
ture. 
‘‘§ 18303. Standards for arbitrators 
‘‘(a) DEFINITION.—In this section, the term ‘public 
welfare’ means, with respect to arbitration under an inter-
state Compact— 
VerDate Sep 11 2014 
22:12 Sep 24, 2018
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6852.IH
H6852
daltland on DSKBBV9HB2PROD with BILLS
‘‘(1) the ability of the interstate Compact agen-
cy to finance wages and benefits resulting from an 
arbitrator’s award consistent with its projected oper-
ating and capital budgets during the term of such 
award without adversely impacting the agency’s abil-
ity to provide safe, reliable, and affordable public 
transportation at sufficient levels; 
‘‘(2) the ability of the interstate Compact agen-
cy 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 re-
gional economy or to the ability of employees of the 
Federal, State, or local governments to conduct busi-
ness. 
‘‘(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 fol-
lowing factors, in addition to the factors prescribed in sub-
section (c): 
‘‘(1) The existing wages, benefits, and terms 
and conditions of employment of the employees in 
the bargaining unit except that structural changes 
VerDate Sep 11 2014 
22:12 Sep 24, 2018
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6852.IH
H6852
daltland on DSKBBV9HB2PROD with BILLS
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 fi-
nancial resources of the interstate Compact agency, 
taking into account the liabilities and obligations (in-
cluding 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 con-
sumer prices for goods and services as reflected in 
the most recent Consumer Price Index for the Wash-
ington-Baltimore, 
DC–MD–VA–WV 
Consolidated 
Metropolitan Statistical Area, published by the Bu-
reau of Labor Statistics. 
‘‘(4) The wages, benefits, and terms and condi-
tions 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 Com-
pact agency operating in the national capital area 
VerDate Sep 11 2014 
22:12 Sep 24, 2018
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6852.IH
H6852
daltland on DSKBBV9HB2PROD with BILLS
may not consider the wages, benefits, and terms and 
conditions of employment of employees working out-
side of the District of Columbia, Maryland, and Vir-
ginia. 
‘‘(5) The wages, benefits, and terms and condi-
tions of employment applicable to other employees of 
the interstate Compact agency taking into account 
the special nature of the work performed by the em-
ployees in the bargaining unit, including any hazards 
or the relative ease of employment, physical require-
ments, educational qualifications, job training and 
skills, shift assignments, and the demands placed 
upon the employees as compared to only other em-
ployees of the same interstate Compact agency. 
‘‘(6) The interests and welfare of the employees 
in the bargaining unit, including— 
‘‘(A) the overall compensation presently re-
ceived 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 pen-
sions; and 
VerDate Sep 11 2014 
22:12 Sep 24, 2018
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6852.IH
H6852
daltland on DSKBBV9HB2PROD with BILLS
‘‘(C) the continuity and stability of em-
ployment, 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 em-
ployment, 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 re-
sources to pay for wage and benefit increases for 
employees of the interstate compact agency while 
providing safe, reliable, and affordable transit serv-
ices at levels sufficient to serve the needs of the 
Washington metropolitan area. 
VerDate Sep 11 2014 
22:12 Sep 24, 2018
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H6852.IH
H6852
daltland on DSKBBV9HB2PROD with BILLS
‘‘(2) COMPLIANCE CONDITIONS.—The following 
conditions shall be met to comply with this sub-
section: 
‘‘(A) An arbitrator’s award shall not pro-
vide 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 Com-
pact 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 af-
fordable public transportation at sufficient lev-
els. 
‘‘(B) During those periods of time when an 
interstate Compact agency operating in the na-
tional capital area is financially stressed, the 
arbitrator shall issue an award that either re-
duces or does not increase the interstate Com-
pact agency’s personnel costs. 
‘‘(C) The arbitrator’s award must give sub-
stantial deference to the evidence presented by 
the interstate Compact agency’s management 
regarding financial issues. 
VerDate Sep 11 2014 
22:12 Sep 24, 2018
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H6852.IH
H6852
daltland on DSKBBV9HB2PROD with BILLS
‘‘(D) The arbitrator’s award may not 
cause the interstate Compact agency operating 
in the national capital area to be in noncompli-
ance 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 na-
tional capital area, the arbitrator shall issue a writ-
ten 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 consid-
ered 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. 
VerDate Sep 11 2014 
22:12 Sep 24, 2018
Jkt 079200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H6852.IH
H6852
daltland on DSKBBV9HB2PROD with BILLS
‘‘(3) SUBSTANTIAL
EVIDENCE.—The arbitra-
tor’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 pur-
suant to this law, shall be deemed to violate the re-
quirements of section 5333(b) of title 49, United 
States Code. 
‘‘(2) PROHIBITION ON DENIAL.—For the avoid-
ance of doubt, the Department of Labor or the De-
partment of Transportation shall not deny any cer-
tification 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. 
‘‘§ 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 modifica-
VerDate Sep 11 2014 
22:12 Sep 24, 2018
Jkt 079200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H6852.IH
H6852
daltland on DSKBBV9HB2PROD with BILLS
tions 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 bar-
gaining 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 con-
trary to the provisions of this chapter or other laws 
or rules that apply to the arbitration so as to sub-
stantially prejudice the rights of a party; 
VerDate Sep 11 2014 
22:12 Sep 24, 2018
Jkt 079200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H6852.IH
H6852
daltland on DSKBBV9HB2PROD with BILLS
‘‘(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 pro-
visions of section 18303 of this title.’’. 
TITLE III—LIMITS ON ANNUAL 
SPENDING INCREASES 
SEC. 301. LIMIT ON ANNUAL CONTRIBUTIONS FROM FUND-
ING 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 oper-
ational needs of the Authority. 
TITLE IV—EMPLOYEES 
SEC. 401. WMATA EMPLOYEE WHISTLEBLOWER PROTEC-
TION. 
(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 em-
ployment if such discrimination is due, in whole or in part, 
VerDate Sep 11 2014 
22:12 Sep 24, 2018
Jkt 079200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H6852.IH
H6852
daltland on DSKBBV9HB2PROD with BILLS
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 infor-
mation 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 adopt-
ed 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 transpor-
tation safety or security, if the information or assist-
ance 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 com-
mittee of Congress, or the Government Ac-
countability Office; or 
(C) a person with supervisory authority 
over the employee or such other person who has 
VerDate Sep 11 2014 
22:12 Sep 24, 2018
Jkt 079200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H6852.IH
H6852
daltland on DSKBBV9HB2PROD with BILLS
the authority to investigate, discover, or termi-
nate 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 Author-
ity, the inspector general, or the Secretary of Trans-
portation 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 inves-
tigation by the Secretary of Transportation, the Sec-
retary of Homeland Security, or the National Trans-
portation 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 enforce-
ment 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 
VerDate Sep 11 2014 
22:12 Sep 24, 2018
Jkt 079200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H6852.IH
H6852
daltland on DSKBBV9HB2PROD with BILLS
injury or death to an individual or damage to prop-
erty occurring in connection with public transpor-
tation. 
(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 em-
ployment. 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 ap-
propriate medical care. 
(2) DISCIPLINE.—The Authority or person cov-
ered under this section may not discipline, or threat-
en 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 re-
turn to work following medical treatment shall not 
be considered a violation of this section if the refusal 
is pursuant to Federal Railroad Administration med-
ical standards for fitness of duty or, if there are no 
pertinent Federal Railroad Administration stand-
VerDate Sep 11 2014 
22:12 Sep 24, 2018
Jkt 079200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H6852.IH
H6852
daltland on DSKBBV9HB2PROD with BILLS
ards, 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
CONDI-
TIONS.— 
(1) IN
GENERAL.—The authority, or a con-
tractor or a subcontractor of such authority, or an 
officer or employee of such authority, shall not dis-
charge, 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 haz-
VerDate Sep 11 2014 
22:12 Sep 24, 2018
Jkt 079200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H6852.IH
H6852
daltland on DSKBBV9HB2PROD with BILLS
ardous safety or security condition, if the condi-
tions described in paragraph (2) of this sub-
section 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 avail-
able to the employee; 
(B) a reasonable individual in the cir-
cumstances then confronting the employee 
would conclude that— 
(i) the hazardous condition presents 
an imminent danger of death or serious in-
jury; 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 noti-
fied the authority of the existence of the haz-
ardous condition and the intention not to per-
form further work, or not to authorize the use 
of the hazardous equipment, track, or struc-
tures, unless the condition is corrected imme-
VerDate Sep 11 2014 
22:12 Sep 24, 2018
Jkt 079200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H6852.IH
H6852
daltland on DSKBBV9HB2PROD with BILLS
diately 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 per-
sonnel, 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 other-
wise 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 com-
plaint 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.— 
VerDate Sep 11 2014 
22:12 Sep 24, 2018
Jkt 079200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H6852.IH
H6852
daltland on DSKBBV9HB2PROD with BILLS
(A) IN GENERAL.—Not later than 60 days 
after the date of receipt of a complaint filed 
under paragraph (1) and after affording the 
person named in the complaint an opportunity 
to submit to the Secretary of Labor a written 
response to the complaint and an opportunity to 
meet with a representative of the Secretary of 
Labor to present statements from witnesses, the 
Secretary of Labor shall conduct an investiga-
tion and determine whether there is reasonable 
cause to believe that the complaint has merit 
and notify, in writing, the complainant and the 
person alleged to have committed a violation of 
subsection (a), (b), or (c) of the Secretary of 
Labor’s findings. If the Secretary of Labor con-
cludes that there is a reasonable cause to be-
lieve 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 find-
ings under this paragraph, either the person al-
leged to have committed the violation or the 
complainant may file objections to the findings 
VerDate Sep 11 2014 
22:12 Sep 24, 2018
Jkt 079200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H6852.IH
H6852
daltland on DSKBBV9HB2PROD with BILLS
or preliminary order, or both, and request a 
hearing on the record. The filing of such objec-
tions shall not operate to stay any reinstate-
ment remedy contained in the preliminary 
order. Such hearings shall be conducted expedi-
tiously. 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 judi-
cial review. 
(B) REQUIREMENTS.— 
(i) REQUIRED
SHOWING
BY
COM-
PLAINANT.—The Secretary of Labor shall 
dismiss a complaint filed under this sub-
section and shall not conduct an investiga-
tion otherwise required under subpara-
graph (A) unless the complainant makes a 
prima facie showing that any behavior de-
scribed in subsection (a), (b), or (c) was a 
contributing factor in the unfavorable per-
sonnel action alleged in the complaint. 
(ii) SHOWING
BY
EMPLOYER.—Not-
withstanding a finding by the Secretary of 
Labor that the complainant has made the 
showing required under clause (i), no in-
vestigation otherwise required under sub-
VerDate Sep 11 2014 
22:12 Sep 24, 2018
Jkt 079200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H6852.IH
H6852
daltland on DSKBBV9HB2PROD with BILLS
paragraph (A) shall be conducted if the 
employer demonstrates, by clear and con-
vincing 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 em-
ployer demonstrates by clear and con-
vincing 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; SETTLE-
MENT AGREEMENTS.—Not later than 120 days 
after the date of conclusion of a hearing under 
paragraph (2), the Secretary of Labor shall 
VerDate Sep 11 2014 
22:12 Sep 24, 2018
Jkt 079200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H6852.IH
H6852
daltland on DSKBBV9HB2PROD with BILLS
issue a final order providing the relief pre-
scribed by this paragraph or denying the com-
plaint. At any time before issuance of a final 
order, a proceeding under this subsection may 
be terminated on the basis of a settlement 
agreement entered into by the Secretary of 
Labor, the complainant, and the person alleged 
to have committed the violation. 
(B) REMEDY.—If, in response to a com-
plaint filed under paragraph (1), the Secretary 
of Labor determines that a violation of sub-
section (a), (b), or (c) has occurred, the Sec-
retary of Labor shall order the person who com-
mitted 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 de-
VerDate Sep 11 2014 
22:12 Sep 24, 2018
Jkt 079200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H6852.IH
H6852
daltland on DSKBBV9HB2PROD with BILLS
termined by the Secretary of Labor, by the 
complainant for, or in connection with, bringing 
the complaint upon which the order was issued. 
(D) FRIVOLOUS COMPLAINTS.—If the Sec-
retary of Labor finds that a complaint under 
paragraph (1) is frivolous or has been brought 
in bad faith, the Secretary of Labor may award 
to the prevailing 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. Re-
view shall conform to chapter 7 of title 5, 
United States Code. The commencement of pro-
ceedings under this subparagraph shall not, un-
less ordered by the court, operate as a stay of 
the order. 
(B) LIMITATION
ON
COLLATERAL
AT-
TACK.—An order of the Secretary of Labor 
VerDate Sep 11 2014 
22:12 Sep 24, 2018
Jkt 079200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H6852.IH
H6852
daltland on DSKBBV9HB2PROD with BILLS
with respect to which review could have been 
obtained under subparagraph (A) shall not be 
subject to judicial review in any criminal or 
other civil proceeding. 
(5) ENFORCEMENT OF ORDER BY SECRETARY 
OF LABOR.—Whenever any person has failed to com-
ply with an order issued under paragraph (3), the 
Secretary of Labor 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 ap-
propriate relief including, but not limited to, injunc-
tive relief and compensatory damages. 
(6) ENFORCEMENT OF ORDER BY PARTIES.— 
(A) COMMENCEMENT OF ACTION.—A per-
son on whose behalf an order was issued under 
paragraph (3) may commence a civil action 
against the person to whom such order was 
issued to require compliance with such order. 
The appropriate United States district court 
shall have jurisdiction, without regard to the 
amount in controversy or the citizenship of the 
parties, to enforce such order. 
VerDate Sep 11 2014 
22:12 Sep 24, 2018
Jkt 079200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H6852.IH
H6852
daltland on DSKBBV9HB2PROD with BILLS
(B) ATTORNEY’S
FEES.—The court, in 
issuing any final order under this paragraph, 
may award costs of litigation (including reason-
able attorney’s and expert witness fees) to any 
party whenever the court determines such 
award is appropriate. 
(7) DE NOVO REVIEW.—With respect to a com-
plaint under paragraph (1), if the Secretary of 
Labor has not issued a final decision 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 jurisdic-
tion over such an action without regard to the 
amount in controversy, and which action shall, at 
the request of either party to such action, be tried 
by the court with a jury. The action shall be gov-
erned by the same legal burdens of proof specified 
in paragraph (2)(B) for review by the Secretary of 
Labor. 
(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. 
VerDate Sep 11 2014 
22:12 Sep 24, 2018
Jkt 079200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H6852.IH
H6852
daltland on DSKBBV9HB2PROD with BILLS
(2) DAMAGES.—Relief in an action under sub-
section (d) (including an action described in sub-
section (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 com-
pensation for any special damages sustained as 
a result of the discrimination, including litiga-
tion costs, expert witness fees, and reasonable 
attorney’s fees. 
(f) ELECTION OF REMEDIES.—An employee may not 
seek protection under both this section and another provi-
sion of law for the same allegedly unlawful act of the au-
thority. 
(g) RIGHTS RETAINED BY EMPLOYEE.—Nothing in 
this section shall be construed to diminish the rights, privi-
leges, 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. 
VerDate Sep 11 2014 
22:12 Sep 24, 2018
Jkt 079200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H6852.IH
H6852
daltland on DSKBBV9HB2PROD with BILLS
(h) NO PREEMPTION.—Nothing in this section pre-
empts or diminishes any other safeguards against dis-
crimination, demotion, discharge, suspension, threats, har-
assment, reprimand, retaliation, or any other manner of 
discrimination provided by Federal or State law or provi-
sion 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 em-
ployee, the Secretary of Transportation or the Sec-
retary 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 Sec-
retary of Homeland Security shall disclose to the At-
torney 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 in-
formation is to occur. 
(j) PROCESS FOR REPORTING SECURITY PROBLEMS 
TO THE DEPARTMENT OF HOMELAND SECURITY.— 
VerDate Sep 11 2014 
22:12 Sep 24, 2018
Jkt 079200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H6852.IH
H6852
daltland on DSKBBV9HB2PROD with BILLS
complainant has made the showing re-
quired under clause (i), no investigation 
otherwise required under subparagraph (A) 
shall be conducted if the labor organization 
officer demonstrates, by clear and con-
vincing evidence, that the labor organiza-
tion officer would have taken the same un-
favorable 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 behav-
ior described in subsection (a) was a con-
tributing factor in the unfavorable per-
sonnel 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 ab-
sence of that behavior. 
(3) FINAL ORDER.— 
VerDate Sep 11 2014 
22:12 Sep 24, 2018
Jkt 079200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H6852.IH
H6852
daltland on DSKBBV9HB2PROD with BILLS