being made by each of the Signatories with respect 
to making changes to improve all facets of the Au-
thority. Subject to the terms described in this sub-
section, the Secretary shall have discretionary au-
thority in terms of the date upon which the Sec-
retary 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 lan-
guage described in subsection (a), the Secretary 
shall transmit a written explanation to the Signato-
ries 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 stat-
ed objectives in this section. 
(b) PURPOSE.—The Metro Reform Board shall work 
expeditiously to improve all facets of the Authority, includ-
ing— 
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(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 pro-
grams; 
(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 Vir-
ginia Transportation Commission, in consultation 
with the Governor of Virginia; 
(2) 1 shall be appointed by the Governor of 
Maryland, in consultation with the Washington Sub-
urban 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; 
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(4) 1 shall be selected by the 3 other Directors 
of the Reform Board from a list of candidates se-
lected 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 secu-
rity; 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 organi-
zation. 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 Signato-
ries. 
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(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, re-
sponsibilities, 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, ap-
prove them, or void them. 
(2) LIABILITIES.—The Metro Reform Board 
shall have the authority to renegotiate existing liabil-
ities. 
(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 pre-
vent 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 
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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
IN-
CREASES.—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 op-
erations account which, beginning the next fis-
cal 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 employ-
ees and designated for the purpose of collective bar-
gaining 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 collec-
tive bargaining agreement— 
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(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 ex-
cess of 120 percent of the annual salary or pay 
of that employee; 
(C) prevent the Authority from using con-
tracted labor or services; 
(D) restrict in any way the Authority from 
laying off, transferring, or demoting an em-
ployee; 
(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 ex-
ceed 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 con-
tracted pursuant to this Act, to provide assistance to 
the Authority, the Commonwealth of Virginia, the 
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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 Re-
form Board shall undertake a full-cost accounting 
and analysis to determine the potential benefits as-
sociated with contracting services and functions cur-
rently provided by employees of the Authority, and 
shall adopt a plan to incorporate managed competi-
tion into the workforce. 
(3) EMPLOYEE
PROTECTIONS.—Employees of 
the Authority shall be afforded the rights and pro-
tections prescribed in title III. 
(4) RETIREMENT PLANS.—With respect to pen-
sion and retirement benefits plans for employees of 
the Authority— 
(A) the Authority shall honor all pension 
obligations for employees retired from the Au-
thority 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 accu-
mulated a total of 5 years of employment with 
the Authority, devise a system which limits 
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those enrolled in the Authority’s pension plan to 
having not more than 100 percent of base an-
nual 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 ac-
cumulate 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 sec-
tion shall be construed to limit— 
(1) the Secretary of Transportation from fur-
ther prescribing rules, regulations, guidelines, or leg-
islative text; or 
(2) the Signatories from enacting other provi-
sions to amend the Compact if such provisions are 
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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 sec-
tion 102. 
TITLE 
II—NEW 
WASHINGTON 
METROPOLITAN AREA TRAN-
SIT AUTHORITY COMPACT 
SEC. 
201. 
ADDITIONAL 
RESOURCES 
FOR 
CAPITAL 
PROJECTS FOR WASHINGTON METROPOLI-
TAN 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 ad-
dition 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 Au-
thority. 
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(b) USE OF FUNDS.—The Federal grants made pur-
suant to the authorization under this section shall be sub-
ject 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 in-
volved, and shall be provided in cash from sources 
other than Federal funds or revenues from the oper-
ation of public mass transportation systems. Con-
sistent with the terms of the amendment to the 
Compact, or any future amendments to such Com-
pact, any funds so provided shall be solely from un-
distributed cash surpluses, replacement or deprecia-
tion funds or reserves available in cash, or new cap-
ital. 
(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 sec-
tion shall be subject to the requirements applicable to cap-
ital projects for which funds are provided under chapter 
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based on the agency’s budget for the current year 
and its projected budget for the next 10 years. 
‘‘(3) The annual increase or decrease in con-
sumer prices for goods and services as reflected in 
the most recent Consumer Price Index for the Wash-
ington-Baltimore, 
DC–MD–VA–WV 
Consolidated 
Metropolitan Statistical Area, published by the Bu-
reau of Labor Statistics. 
‘‘(4) The wages, benefits, and terms and condi-
tions of the employment of other employees in the 
District of Columbia, Maryland, and Virginia whose 
positions require qualifications and skills similar to 
those required by employees in the bargaining unit 
except that an arbitrator rendering an arbitration 
award involving the employees of an interstate Com-
pact agency operating in the national capital area 
may not consider the wages, benefits, and terms and 
conditions of employment of employees working out-
side of the District of Columbia, Maryland, and Vir-
ginia. 
‘‘(5) The wages, benefits, and terms and condi-
tions of employment applicable to other employees of 
the interstate Compact agency taking into account 
the special nature of the work performed by the em-
ployees in the bargaining unit, including any hazards 
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