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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4534 Introduced in House (IH)]

<DOC>

115th CONGRESS
  1st Session
                                H. R. 4534

 To amend the interstate Compact governing the Washington Metropolitan 
            Area Transit Authority, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            December 4, 2017

Mrs. Comstock introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
   Committee on Oversight and Government Reform, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL

 
 To amend the interstate Compact governing the Washington Metropolitan 
            Area Transit Authority, 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 ``Metro Efficiency, Transparency, 
Reliability, Oversight, Accountability and Reform Act'' or the ``METRO 
Accountability and Reform Act''.

SEC. 2. DEFINITIONS.

    For the purposes of this Act:
            (1) Academy.--The term ``Academy'' means the National 
        Academy of Public Adminstration.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the House Committees on Transportation and 
                Infrastructure, Oversight and Government Reform, the 
                Judiciary, and Appropriations; and
                    (B) the Senate Committees on Commerce, Science, and 
                Transportation; Banking, Housing, and Urban 
                Development; the Judiciary; and Appropriations.
            (3) 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).
            (4) Board.--The term ``Board'' means the Board of Directors 
        of the Washington Metropolitan Area Transit Authority.
            (5) Commission.--The term ``Commission'' means the Metro 
        Reform Commission.
            (6) Compact.--The term ``Compact'' means the Washington 
        Metropolitan Area Transit Authority Compact.
            (7) Director.--The term ``Director'' means a member of the 
        Board of Directors of the Washington Metropolitan Area Transit 
        Authority.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (9) Signatory.--The term ``Signatory'' means the State of 
        Maryland, the Commonwealth of Virginia, or the District of 
        Columbia.
            (10) State.--The term ``State'' includes the District of 
        Columbia.
            (11) WMATA.--The term ``WMATA'' means the Washington 
        Metropolitan Area Transit Authority.
            (12) 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.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) The Washington Metropolitan Area Transit Authority is 
        the public transit system of the Washington metropolitan area 
        and is essential for the continued and effective performance of 
        the functions of the Federal Government, and for the orderly 
        movement of people during major events and times of regional or 
        national emergency.
            (2) WMATA, through Metrorail and Metrobus, serve a 
        population of 4 million within a 1,500 square-mile area.
            (3) Thirty-five Metrorail stations serve Federal facilities 
        and 40 percent of Metrorail's peak period commuters are Federal 
        employees.
            (4) The governments of Virginia, Maryland, and the District 
        of Columbia, as well as the Federal Government, have invested 
        substantially in WMATA, which operates and maintains 
        approximately $40,000,000,000 in physical assets.
            (5) In addition to regional commuters and local residents, 
        WMATA serves millions of individuals from around the world 
        visiting Washington for business or tourism.
            (6) It is a vital interest of the Federal Government to 
        support WMATA and work constructively with Virginia, Maryland, 
        and the District of Columbia to ensure the long-term viability 
        of ``America's Subway''.

                      TITLE I--METRO REFORM BOARD

SEC. 101. REAUTHORIZATION OF PRIIA.

    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 $150,000,000 
for each fiscal year ending in fiscal year 2029.''.

SEC. 102. METRO REFORM BOARD.

    (a) In General.--At a time determined by the Secretary pursuant to 
subsection (b), the Secretary, in consultation with the Signatories, 
and subject the criteria in section 103, shall issue language to amend 
the Compact to establish a Metro Reform Board and transmit such 
language to the Signatories, the funding jurisdictions, and the 
appropriate congressional committees. The Secretary shall not release 
any funds authorized under section 101 until the Secretary certifies 
that the Signatories have enacted such language.
    (b) Determination of Progress, Timeline for Issuance.--
            (1) In general.--On the date of enactment of this Act, the 
        Secretary shall monitor the progress being made by each of the 
        Signatories with respect to making changes to improve all 
        facets of the Authority. Subject to the terms described in this 
        subsection, the Secretary shall have discretionary authority in 
        terms of the date upon which the Secretary issues the language 
        described in subsection (a).
            (2) Range of dates.--The Secretary shall issue language not 
        sooner than February 14, 2018, but not later than July 1, 2018.
            (3) Certification.--Upon issuance of the language described 
        in subsection (a), the Secretary shall transmit a written 
        explanation to the Signatories and the appropriate 
        congressional committees explaining the reasoning and 
        justification employed to move forward at such time.

SEC. 103. PROVISIONS TO BE INCLUDED BY SECRETARY.

    (a) In General.--In carrying out section 102, the Secretary shall 
include specific criteria prescribed in this section, and shall ensure 
that the language meets the stated objectives in this section.
    (b) Purpose.--The Metro Reform Board shall work expeditiously to 
improve all facets of the Authority, including--
            (1) the short-, medium-, and long-term financial outlook;
            (2) general operations;
            (3) management and governing structure;
            (4) maintaining a state of good repair;
            (5) the pension and retirement benefits programs;
            (6) labor relations; and
            (7) culture of safety.
    (c) Duration of Metro Reform Board.--The Metro Reform Board shall 
remain in place for not less than 3 years after the date it is 
established pursuant to this title.
    (d) Board of Directors.--The Metro Reform Board shall be composed 
of 5 Directors, of whom--
            (1) 1 shall be appointed by the Northern Virginia 
        Transportation Commission, in consultation with the Governor of 
        Virginia;
            (2) 1 shall be appointed by the Governor of Maryland, in 
        consultation with the Washington Suburban Transit Commission;
            (3) 1 shall be appointed by the Mayor of the District of 
        Columbia, in consultation with the City Council of the District 
        of Columbia;
            (4) 1 shall be selected by the 3 other Directors of the 
        Reform Board from a list of candidates selected by the 
        Secretary of Transportation; and
            (5) 1 shall be appointed by the Secretary of 
        Transportation, and that Director shall serve as Chairperson.
    (e) Qualifications.--The Directors of the Metro Reform Board, to 
the greatest extent practicable, shall possess demonstrable experience 
in engineering; finance; public sector financial management or 
oversight; mass transit management; planning in transit, mass transit, 
transportation, or land use; public safety; homeland security; human 
resources; labor relations management; or as a chief executive officer, 
chief financial officer, or be a board member of a large capacity, 
publicly traded organization. Appointees may not currently hold elected 
political office.
    (f) Fiduciary Obligation.--The Directors of the Metro Reform Board 
shall have a fiduciary obligation to the Washington Metropolitan Area 
Transit Authority.
    (g) Terms.--Each Director of the Reform Board shall be appointed 
for a term of 5 years or less if the Metro Reform Board is terminated 
sooner by the Signatories.
    (h) Powers.--Notwithstanding any Federal law, rule, or regulation, 
and except as provided in this section, the Metro Reform Board shall be 
afforded all powers, responsibilities, and obligations of the Board, in 
addition to the powers, responsibilities, and obligations set forth in 
this section, if the powers conferred in this Act supersede any 
constraints placed on the Board prior to amending the Compact.
            (1) Contracts.--The Metro Reform Board shall review all 
        existing and pending contracts and may amend such contracts, 
        renegotiate them, approve them, or void them.
            (2) Liabilities.--The Metro Reform Board shall have the 
        authority to renegotiate existing liabilities.
    (i) Restrictions.--
            (1) Rules; no vetoes.--The Metro Reform Board shall adopt 
        its own rules and procedures for meetings and conducting 
        business, except that the Board may not adopt a rule, method, 
        or procedure by which a minority of Directors may vote to 
        prevent action by the Board.
            (2) Separation of accounts.--The Metro Reform Board shall 
        keep separate its capital budget funds and its expense budget 
        funds. The Board shall not transfer funds between accounts, or 
        use funds in one account to make payments for items which 
        should be paid by the other account.
            (3) Limits on annual spending increases.--The Metro Reform 
        Board shall adopt limits on annual spending increases relating 
        to--
                    (A) capital expenses;
                    (B) nonpersonnel-related expenses within the 
                operations account; and
                    (C) personnel-related expenses with the operations 
                account which, beginning the next fiscal year after the 
                date of enactment of this Act, shall not exceed 0 
                percent annual growth for 5 fiscal years.
    (j) Labor.--
            (1) In general.--Any contract entered into by the Authority 
        and employees shall be entered into with the labor organization 
        representing the employees and designated for the purpose of 
        collective bargaining pursuant to section 9 of the National 
        Labor Relations Act (29 U.S.C. 159).
            (2) Exceptions.--The Authority shall not enter into such a 
        contract if the terms of the collective bargaining agreement--
                    (A) provide protections for work stoppage by the 
                employees covered by such contract;
                    (B) provide the opportunity for overtime work that 
                results in pay to any employee in excess of 120 percent 
                of the annual salary or pay of that employee;
                    (C) prevent the Authority from using contracted 
                labor or services;
                    (D) restrict in any way the Authority from laying 
                off, transferring, or demoting an employee;
                    (E) provide that employee work schedules are 
                subject to binding interest arbitration if the labor 
                organization and the Authority are unable to agree to a 
                work schedule;
                    (F) restrict in any way the number of part-time 
                employees of the Authority; or
                    (G) provide for rates of overtime that exceed time 
                and one-half for any reason.
    (k) Duties.--
            (1) Consultation.--The Metro Reform Board shall fully 
        cooperate with the National Academy of Public Administration, 
        whose services shall be contracted pursuant to this Act, to 
        provide assistance to the Authority, the Commonwealth of 
        Virginia, the District of Columbia, the State of Maryland, and 
        the Secretary for the purposes of implementing this Act, and 
        for other purposes.
            (2) Managed competition.--The Metro Reform Board shall 
        undertake a full-cost accounting and analysis to determine the 
        potential benefits associated with contracting services and 
        functions currently provided by employees of the Authority, and 
        shall adopt a plan to incorporate managed competition into the 
        workforce.
            (3) Employee protections.--Employees of the Authority shall 
        be afforded the rights and protections prescribed in title III.
            (4) Retirement plans.--With respect to pension and 
        retirement benefits plans for employees of the Authority--
                    (A) the Authority shall honor all pension 
                obligations for employees retired from the Authority 
                and currently receiving a pension and such pension may 
                be modified from time to time consistent with 
                applicable law;
                    (B) 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;
                    (C) 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
                    (D) 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.
    (l) Clarification.--The provisions in this section are prescribed 
as minimum criteria. Nothing in this section shall be construed to 
limit--
            (1) the Secretary of Transportation from further 
        prescribing rules, regulations, guidelines, or legislative 
        text; or
            (2) the Signatories from enacting other provisions to amend 
        the Compact if such provisions are consistent with this Act and 
        the Secretary approves any such provisions prior to enactment.

SEC. 104. APPROVAL.

    Congress shall approve of the language issued by the Secretary and 
enacted by the Signatories pursuant to section 102.

  TITLE II--NEW WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY COMPACT

SEC. 201. ADDITIONAL RESOURCES FOR CAPITAL PROJECTS FOR WASHINGTON 
              METROPOLITAN AREA TRANSIT AUTHORITY.

    (a) Authorization.--Subject to the provisions of this section, and 
notwithstanding the provisions of the Passenger Rail Investment and 
Improvement Act of 2008 (Public Law 110-432; 126 Stat. 4968), the 
Secretary of Transportation may make grants to the Authority, in 
addition to the contributions authorized under sections 3, 14, and 17 
of the National Capital Transportation Act of 1969 (sec. 9-1101.01 et 
seq., D.C. Official Code), for the purpose of financing in part the 
capital and preventive maintenance projects included in the Capital 
Improvement Program approved by the Board of Directors of the 
Authority.
    (b) Use of Funds.--The Federal grants made pursuant to the 
authorization under this section shall be subject to the following 
limitations and conditions:
            (1) The work for which such Federal grants are authorized 
        shall be subject to the provisions of the Compact, including 
        any future amendments to such Compact.
            (2) Each such Federal grant shall be for 50 percent of the 
        net project cost of the project involved, and shall be provided 
        in cash from sources other than Federal funds or revenues from 
        the operation of public mass transportation systems. Consistent 
        with the terms of the amendment to the Compact, or any future 
        amendments to such Compact, any funds so provided shall be 
        solely from undistributed cash surpluses, replacement or 
        depreciation funds or reserves available in cash, or new 
        capital.
    (c) Applicability of Requirements for Mass Transportation Capital 
Projects Receiving Funds Under Federal Transportation Law.--Except as 
specifically provided in this Act, the use of any amounts appropriated 
pursuant to the authorization under this section shall be subject to 
the requirements applicable to capital projects for which funds are 
provided under chapter 53 of title 49, United States Code, except to 
the extent that the Secretary determines that the requirements are 
inconsistent with this Act, its purposes, or any subsequent rules or 
guidance issued pursuant to this Act.
    (d) Amount.--There is authorized to be appropriated to the 
Secretary of Transportation for grants under this section $75,000,000 
for each fiscal year through fiscal year 2029.
    (e) Availability.--
            (1) In general.--Amounts appropriated pursuant to the 
        authorization under this section shall remain available until 
        expended. In the event that the Secretary exercises discretion 
        provided in section 202 to withhold certain funds in any fiscal 
        year, any remaining funds from that fiscal year shall be 
        available in subsequent fiscal years, subject to limitations 
        described in this subsection.
            (2) Additional limitations.--With regard to any remaining 
        funds described in this subsection--
                    (A) such funds shall not be expended beyond fiscal 
                year 2033;
                    (B) not more than $200,000,000 shall be expended in 
                any single fiscal year;
                    (C) in the event that the Secretary chooses to 
                expend such funds in fiscal years 2030, 2031, 2032 or 
                2033--
                            (i) the total amount for any such fiscal 
                        year shall not exceed $150,000,000; and
                            (ii) the Secretary shall, to the greatest 
                        extent practicable, make such funds available 
                        in a decreasing amount beginning in fiscal year 
                        2030.
            (3) Authority for wmata to retain funds.--In the event that 
        the Authority does not spend the entire amount of funds granted 
        by the Secretary or the Signatories pursuant to this section, 
        the Authority may retain up to 20 percent of the remaining 
        funds and may spend such funds in a subsequent fiscal year.

SEC. 202. NEW WMATA COMPACT.

    (a) Purpose.--The purpose of this section is to establish a means 
by which the Signatories, with guidance from the Secretary, may 
collaborate to adopt a succeeding interstate Compact that meets the 
criteria and other benchmarks set forth in this Act.
    (b) In General.--Not less than 90 days after the Metro Reform Board 
is established pursuant to title I, the Secretary shall establish--
            (1) parameters and guidelines to which the Signatories 
        shall adhere as they collaborate to adopt a succeeding 
        interstate Compact that meets the criteria and other benchmarks 
        described in this Act;
            (2) language that meets the criteria described in this 
        section and which shall be incorporated into a succeeding 
        interstate Compact; and
            (3) a system of goals and metrics by which the Secretary 
        shall be able to determine the extent to which--
                    (A) the Authority, governed by the Metro Reform 
                Board, is making substantial progress with regard to 
                reaching the goals described in section 103;
                    (B) the Signatories are making progress toward 
                complying with this section to amend the interstate 
                Compact; and
                    (C) the Authority, governed by the succeeding Metro 
                Board, is making substantial progress with regard to 
                reaching the goals and metrics described in this 
                section.
    (c) Report.--Once the parameters, guidelines, language, and system 
described in subsection (a) are established, the Secretary shall 
transmit such parameters, guidelines, language, and system to the 
Signatories, the appropriate congressional committees, and the 
Authority.
    (d) Limitations.--
            (1) Certification.--In addition to the limitations in 
        section 201, the Secretary shall not release any funds 
        authorized under such section unless the Secretary certifies 
        that--
                    (A) by using the Compact amendment process, the 
                Signatories have replaced the Board in operation and 
                installed a Metro Reform Board, pursuant to this Act; 
                and
                    (B) all members of the Metro Reform Commission have 
                been appointed.
            (2) Commensurate release of funds.--In addition to the 
        limitations in paragraph (1) and section 201, the Secretary 
        shall release funds authorized under section 201 in a manner 
        commensurate with the extent to which--
                    (A) the Signatories are in compliance with 
                subsections (b)(1) and (b)(3)(B); and
                    (B) the Authority--
                            (i) governed by the Metro Reform Board, is 
                        making substantial progress with regard to 
                        reaching the goals described in section 103 and 
                        the metrics described subsection (b)(3)(A); or
                            (ii) governed by the succeeding Metro 
                        Board, is making substantial progress with 
                        regarding to reaching the goals described in 
                        this section.
            (3) No transfers.--Any remaining grant funds for any fiscal 
        year shall not be transferred to other accounts within the 
        Department of Transportation.
            (4) Future secretaries.--In the event that a successor 
        Secretary of Transportation enters office after establishment 
        of the system referenced in subsection (a), the successor may 
        continue using such system, or may establish a new system, 
        except that the successor shall not implement a new system 
        without submission to, and written approval by, each of the 
        appropriate congressional committees.
    (e) Report.--The certification referenced in subsection (c)(1) 
shall be transmitted as soon as practicable to the appropriate 
congressional committees, the Signatories, and the Authority. The 
disbursement of funds shall not take place until the Appropriations 
Committees of the House of Representatives and the Senate receive the 
report.
    (f) Assistance With Goals and Metrics.--In accordance with section 
402, the Secretary shall enter into a contract with the National 
Academy of Public Administration to provide assistance to the 
Secretary, the Authority, and the Signatories for the purposes of 
implementing this Act, aiding with the transition from Metro Reform 
Board to the succeeding the Metro Board, and for other purposes.
    (g) Parameters and Guidelines.--With respect to paragraphs (1) and 
(2) of subsection (a), the Secretary shall ensure that the new 
interstate Compact will improve the outlook of--
            (1) general finances;
            (2) general operations;
            (3) management;
            (4) maintenance;
            (5) pensions;
            (6) labor relations; and
            (7) day-to-day safety operations.

SEC. 203. PROVISIONS TO BE INCLUDED BY SECRETARY.

    (a) In General.--With respect to section 202, the Secretary shall 
ensure that the succeeding interstate Compact improves all aspects of 
the Authority, including--
            (1) the short-, medium-, and long-term financial outlook;
            (2) general operations;
            (3) management and governing structure;
            (4) maintaining a state of good repair;
            (5) the pension and retirement benefits programs;
            (6) labor relations; and
            (7) culture of safety.
    (b) Succeeding WMATA Board of Directors.--
            (1) Makeup.--The WMATA Board shall consist of 9 Directors, 
        of whom--
                    (A) 2 shall be appointed by the Mayor of the 
                District of Columbia;
                    (B) 2 shall be appointed by the Governor of 
                Maryland;
                    (C) 1 shall be appointed by the Northern Virginia 
                Transportation Commission;
                    (D) 1 shall be appointed by the Governor of 
                Virginia;
                    (E) 2 shall be appointed by the Secretary of 
                Transportation; and
                    (F) 1 shall be jointly appointed by the Governors 
                and the Mayor, in consultation with the Northern 
                Virginia Transportation Commission, the Washington 
                Suburban Transit Commission, and the City Council of 
                the District of Columbia, respectively, and that 
                Director shall serve as Chair of the Board. In the 
                event that the Governors and the Mayor fail to jointly 
                approve the Chair of the Board within 30 days after 
                Congress grants consent to a succeeding interstate 
                Compact, the Secretary of Transportation shall appoint 
                a third individual who shall serve as Chair.
            (2) Removal.--Directors shall only be removed from service 
        to the Board for cause.
            (3) Qualifications.--The Board of Directors, to the 
        greatest extent practicable, shall possess demonstrable 
        experience in engineering, finance; public sector financial 
        management or oversight; mass transit management; planning in 
        transit, mass transit, transportation, or land use; public 
        safety; homeland security; human resources; labor relations 
        management; or as a chief executive officer, chief financial 
        officer, or be a board member of a large capacity, publicly 
        traded organization. Appointed Directors may not currently hold 
        elected political office.
            (4) Rules; no jurisdictional veto.--Except as otherwise 
        provided in this title, the Board shall adopt its own rules and 
        procedures for meetings and conducting business, except that 
        the Board shall not adopt a rule, method, or procedure by which 
        a minority of Directors may vote to prevent action by the 
        Board.
            (5) Compensation.--Directors of the Board shall be 
        compensated by the Authority for their service. The rates of 
        compensation and reimbursement shall be established at uniform 
        rates across appointing authorities.
            (6) Separation of accounts.--The Board shall keep separate 
        its capital budget funds and its expense budget funds. The 
        Board shall not transfer funds between accounts or use funds in 
        one account to make payments for items which should be paid by 
        the other account.
    (c) Limits on Annual Spending Increases.--The Signatories shall 
include in any amendment to the Compact limits on annual spending 
increases relating to--
            (1) capital expenses;
            (2) nonpersonnel-related expenses within the operations 
        account; and
            (3) personnel-related expenses within the operations 
        account.
    (d) Waiver.--In the event that the Authority identifies a critical 
need which requires the Authority to exceed the limits on the annual 
spending growth rates established pursuant to subsection (c), the 
Authority may seek a waiver by submitting an appeal, in writing, to the 
legislative bodies of the Signatories and the executive of the 
jurisdiction of each Signatory justifying the need to exceed the limits 
and the legislative bodies may vote to approve such appeal. A waiver 
shall only be granted upon approval by each of the legislative bodies 
of the Signatories and the executives thereof. The terms of such a 
waiver shall not exceed 2 years.
    (e) Limit on Annual Contributions From Funding Jurisdictions for 
Operations.--The Signatories shall include an any amendment to the 
Compact a limit of 3 percent relating to the annual growth in the rate 
of spending by the funding jurisdictions to subsidize operational needs 
of the Authority.
    (f) Labor Provisions.--
            (1) Arbitration.--In case of any dispute over labor rights 
        involving the Authority and such employees where collective 
        bargaining does not result in agreement, the Authority shall 
        submit such dispute to the National Mediation Board.
            (2) Managed competition.--The Board shall undertake a full-
        cost accounting and analysis to determine the potential 
        benefits associated with contracting services and functions 
        currently provided by employees of the Authority and shall 
        incorporate a system of managed competition for labor and 
        service contracts.
            (3) Employee protections.--Employees of the Authority shall 
        be afforded the rights and protections prescribed in title III 
        of this Act.
    (g) 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.
    (h) General Efficiency and Financial Transparency.--The Authority 
shall procure and utilize a commercially available product with which 
the Treasurer and other appropriate officers and staff shall manage the 
budget, finances, and other aspects of the Authority. The product 
chosen shall enable the Authority to provide open data, analytics, 
financial transparency, and reporting tools, among other things, and 
shall enable the public to review the finances of the Authority in 
real-time.
    (i) Transparent Contract Approval.--The Board shall provide for 
online publication of notice of procurements and other actions designed 
to secure competition where competitive procedures are used, and shall 
employ innovative contracting practices when warranted or justified. 
The Board shall adopt policies and procedures to comply with this 
subsection.
    (j) Clarification.--The provisions in this section are prescribed 
as minimum criteria which must be included in any amendment to the 
Compact. Nothing in this section shall be construed to limit--
            (1) the Secretary from further prescribing rules, 
        regulations, guidelines, or legislative text which shall be 
        included in any amendment to the Compact; or
            (2) the Signatories from including other provisions to 
        amend the Compact; if such provisions are consistent with this 
        Act; and the Secretary approves of any such provisions prior to 
        enactment.

                    TITLE III--EMPLOYEE PROTECTIONS

SEC. 301. 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) 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) A refusal by an employee is protected under paragraph 
        (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) 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 (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. 302. 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.

                       TITLE IV--OTHER PROVISIONS

SEC. 401. STANDARDIZATION OF FEDERAL TRANSIT BENEFITS.

    (a) In General.--Not later than 15 days after the date of enactment 
of this Act, the General Services Administration (in this section 
referred to as ``GSA'') shall initiate a review of the various transit 
benefit programs administered by each Federal department and agency 
with facilities located in the Washington Metropolitan Area Transit 
Zone for the purposes of standardizing the rate of benefit for all 
Federal employees enrolled in such a program.
    (b) Purpose.--The standardized rate of benefit shall constitute--
            (1) an operating subsidy afforded to the Authority from the 
        Government in lieu of direct appropriations for the Authority's 
        operating costs; and
            (2) a benefit to Federal employees who use the services 
        administered by the Authority to get to and from their place of 
        business.
    (c) Establishment of Standardized Rate.--Not later than 75 days 
after enactment of this Act, the GSA shall establish a policy for a 
standardized rate and shall have issued rules and regulations to 
administer such rate, including guidance for each department and agency 
to follow in adopting the new rate of benefit. The initial rate 
established shall be not less than 90 percent of the highest rate used 
by any Federal agency or department, as determined at the time the 
policy is established. The policy shall be made public, and shall 
include all relevant statistics used to justify the proposed 
standardized rate.
    (d) Adoption of Standardized Rate.--Not later than 60 days after 
the GSA makes public the policy in subsection (c), all applicable 
departments and agencies of the Government shall adopt and make 
available the standardized rate of benefit.
    (e) Adjustment of Rate.--The rate established in subsection (c) 
shall be reviewed annually and adjusted, if necessary, based on the 
same criteria used to calculate the general schedule of salaries for 
the Washington-Baltimore-Arlington, DC-MD-VA-WV-PA areas.

SEC. 402. NATIONAL ACADEMY OF PUBLIC ADMINISTRATION.

    (a) In General.--Not less than 15 days after enactment of this Act, 
the Secretary shall enter into a contract with the National Academy of 
Public Administration for the purposes of carrying out this Act. The 
Academy shall provide assistance to the Secretary, the Authority, and 
the Signatories (individually and collectively) for the purposes of 
carrying out this Act.
    (b) Considerations.--In carrying out the relevant provisions of 
this Act, the Academy shall--
            (1) recommend strategies, practices, and tools to increase 
        the effectiveness of the Board;
            (2) facilitate engagement with the Signatories to assist in 
        the development and implementation of a new interstate Compact;
            (3) conduct research and analysis in response to specific 
        needs of the Board and the Signatories, including key policy 
        and management issues;
            (4) provide support to the Board in the development of a 
        transition plan; and
            (5) provide implementation support for any changes to the 
        Board, or any other changes required by this Act.
    (c) Reports.--
            (1) Periodic reports.--The Academy shall submit periodic 
        reports, in addition to a final report upon completion of the 
        contract, summarizing the support provided and any findings and 
        recommendations to the appropriate congressional committees.
            (2) Final report.--Not later than 30 days after the date 
        determined in subsection (d), the Academy shall publish online 
        in searchable format a final report summarizing the support 
        provided and any findings and recommendations for consideration 
        in Congress. The Academy shall provide notice to the 
        appropriate congressional committees in advance of the 
        publication of the final report.
    (d) Contract Length.--The initial term of the contract with the 
National Academy of Public Administration shall be for a period of not 
less than 6 months after the succeeding Compact is in place. The 
contract may be renewed, as appropriate, such that the contract shall 
be in effect for not less than 90 days after the interstate Compact is 
amended pursuant to section 103.

SEC. 403. FEDERAL TRANSIT ADMINISTRATION REVIEW.

    The Administrator of the Federal Transit Administration shall 
conduct a review with respect to competitive grant programs 
administered by the Federal Transit Administration to identify 
alternative criteria that may be used in addition to, or in lieu of, 
minimum capital costs for transit grants awarded by the Administration. 
The purpose of such a review is to establish criteria that will 
incentivize efficiency within the entities applying for grant funds. 
The Administrator shall review any relevant performance metrics, 
including--
            (1) system expenses relative to vehicle revenue hours;
            (2) cost per passenger mile;
            (3) cost inefficiencies associated with inadequate planning 
        for procurement of equipment such as railcars and buses; and
            (4) overall safety, including number of accidents or 
        injuries system-wide.

SEC. 404. METRO REFORM COMMISSION.

    (a) Establishment.--Upon enactment of this Act, there is 
established a Metro Reform Commission.
    (b) Purpose.--The Commission will serve as an intergovernmental 
body whose purpose is to--
            (1) share information and provide a forum through which 
        proposals to improve the Authority may be debated; and
            (2) keep Congress and other relevant stakeholders informed 
        of the progress of the efforts by the Signatories to amend the 
        interstate Compact and increase efficiencies within the 
        Authority.
    (c) Makeup.--The makeup of the Commission shall be as follows:
            (1) The Governor of Virginia.
            (2) The Governor of Maryland.
            (3) The Mayor of the District of Columbia.
            (4) The Secretary of Transportation.
            (5) The General Manager of the Authority.
            (6) 1 member of the National Academy for Public 
        Administration contracted under section 402 of this Act.
            (7) 8 Members of the House of Representatives appointed by 
        the Speaker of the House, 5 of which shall be from the 
        majority, and 3 of which shall be from the minority.
            (8) 3 Members of the Senate appointed by the majority 
        leader, 2 of which shall be from the majority, and 1 of which 
        shall be from the minority.
    (d) Designees.--Any member of the Commission may select an 
individual to serve as a designee on the Commission.
    (e) Chair.--The Chair shall be named by the Speaker of the House of 
Representatives.
    (f) Meetings.--
            (1) Frequency.--The Commission shall meet subject to the 
        call of the Chair.
            (2) Outside participants.--The members of the Commission 
        may vote with not less than 10 votes to invite outside guests, 
        including stakeholders, subject matter experts, community 
        leaders, elected officials, representatives of the business 
        community, or other relevant entities to their meetings to 
        provide counsel or briefings.
            (3) Location.--The Chair shall name the time and place of 
        meetings, which may be held in a publicly or privately owned 
        building with no expectation of reciprocal action or favoritism 
        is provided to the individual granting permission for use of 
        the space.
    (g) Duties.--The Governors of Maryland and Virginia, and the Mayor 
of the District of Columbia (referred to in this section as the 
``executives'') jointly shall develop a document to reflect specific 
amendments, deletions, additions, or edits to the previous interstate 
Compact which governed the Authority. The executives shall provide, to 
the best of their ability, such document to the other members of the 
Commission upon request, but at least as often as the Commission 
convenes. Upon agreement among the Signatories of a new interstate 
Compact, the executives shall provide a final version of this document 
to the members of the Commission.
    (h) Terms of Service.--The members of the Commission shall serve as 
long as the Commission is authorized. If no amendments to the Compact 
are agreed upon before the political term of a Commission member 
expires, or that Commission member is defeated in a political election, 
or is removed from office for any reason, his or her successor to such 
political office shall serve on the Commission.
    (i) Compensation.--The members of the Commission shall serve in 
addition to their regular professional duties and obligations, and 
shall not receive compensation for membership on, or participation 
with, the Commission.
    (j) Gifts.--Except as provided in subsection (f)(3) of this 
section, the Commission members may not accept, use, or dispose of 
gifts, including donations, services, property, or tangible goods.
    (k) Termination.--The Commission shall be terminated after the 
Signatories negotiate amendments to the Compact, adopt such amendments, 
and the Congress approves such amendments.

SEC. 405. 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 2 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.--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. The following conditions shall be met 
to comply with this subsection:
            ``(1) 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.
            ``(2) 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.
            ``(3) The arbitrator's award must give substantial 
        deference to the evidence presented by the interstate Compact 
        agency's management regarding financial issues.
            ``(4) 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.--Within 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.''.
                                 <all>
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