,i #aaeth ,,congress #ast ,session ,h4 ,r4 #decd ,,in ,,the ,,house ,,of ,,representatives ,december #d1 #bjag,mrs4 ,comstock introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure1 and in addition to the ,committee on ,oversight and ,government ,reform1 for a period to be subsequently determined by the ,speaker1 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 ,authority1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,metro ,efficiency1 ,transparency1 ,reliability1 ,oversight1 ,accountability and ,reform ,act or the ,,metro ,accountability and ,reform ,act4 #b4 ,definitions ,for the purposes of this ,act3 7#a7 ,academy ,the term ,academy means the ,national ,academy of ,public ,adminstration4 7#b7 ,appropriate ,congressional ,committees ,the term appropriate congressional committees means-- 7,a7 the ,house ,committees on ,transportation and ,infrastructure1 ,oversight and ,government ,reform1 the ,judiciary1 and ,appropriations2 and 7,b7 the ,senate ,committees on ,commerce1 ,science1 and ,transportation2 ,banking1 ,housing1 and ,urban ,development2 the ,judiciary2 and ,appropriations4 7#c7 ,authority ,the term ,authority means the ,washington ,metropolitan ,area ,transit ,authority established under article ,,iii of the compact 7,public ,law #hi-ggd2 #hj ,stat4 #acbd74 7#d7 ,board ,the term ,board means the ,board of ,directors of the ,washington ,metropolitan ,area ,transit ,authority4 7#e7 ,commission ,the term ,commission means the ,metro ,reform ,commission4 7#f7 ,compact ,the term ,compact means the ,washington ,metropolitan ,area ,transit ,authority ,compact4 7#g7 ,director ,the term ,director means a member of the ,board of ,directors of the ,washington ,metropolitan ,area ,transit ,authority4 7#h7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7#i7 ,signatory ,the term ,signatory means the ,state of ,maryland1 the ,commonwealth of ,virginia1 or the ,district of ,columbia4 7#aj7 ,state ,the term ,state includes the ,district of ,columbia4 7#aa7 ,,wmata ,the term ,,wmata means the ,washington ,metropolitan ,area ,transit ,authority4 7#ab7 ,washington ,metropolitan ,area ,transit ,zone ,the term ,washington ,metropolitan ,area ,transit ,zone means the zone created by and described in section #c of the ,compact1 as well as any additional area that may be added pursuant to section #hc7;a7 of such ,compact4 #c4 ,findings ,congress finds the following3 7#a7 ,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 ,government1 and for the orderly movement of people during major events and times of regional or national emergency4 7#b7 ,,wmata1 through ,metrorail and ,metrobus1 serve a population of #d million within a #a1ejj square-mile area4 7#c7 ,thirty-five ,metrorail stations serve ,federal facilities and #dj percent of ,metrorail's peak period commuters are ,federal employees4 7#d7 ,the governments of ,virginia1 ,maryland1 and the ,district of ,columbia1 as well as the ,federal ,government1 have invested substantially in ,,wmata1 which operates and maintains approximately #dj1jjj1jjj1jjj in physical assets4 7#e7 ,in addition to regional commuters and local residents1 ,,wmata serves millions of individuals from around the world visiting ,washington for business or tourism4 7#f7 ,it is a vital interest of the ,federal ,government to support ,,wmata and work constructively with ,virginia1 ,maryland1 and the ,district of ,columbia to ensure the long-term viability of ,america's ,subway4 ,i ,metro ,reform ,board #aja4 ,reauthorization of ,,priia ,section #fja7;f7 of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7,public ,law #aaj-dcb2 #abf ,stat4 #difh7 is amended to read as follows3 7f7 ,amount ,there are authorized to be appropriated to the ,secretary of ,transportation for grants under this section #aej1jjj1jjj for each fiscal year ending in fiscal year #bjbi4 4 #ajb4 ,metro ,reform ,board 7a7 ,in general ,at a time determined by the ,secretary pursuant to subsection 7b71 the ,secretary1 in consultation with the ,signatories1 and subject the criteria in section #ajc1 shall issue language to amend the ,compact to establish a ,metro ,reform ,board and transmit such language to the ,signatories1 the funding jurisdictions1 and the appropriate congressional committees4 ,the ,secretary shall not release any funds authorized under section #aja until the ,secretary certifies that the ,signatories have enacted such language4 7b7 ,determination of progress1 timeline for issuance 7#a7 ,in general ,on the date of enactment of this ,act1 the ,secretary shall monitor the progress being made by each of the ,signatories with respect to making changes to improve all facets of the ,authority4 ,subject to the terms described in this subsection1 the ,secretary shall have discretionary authority in terms of the date upon which the ,secretary issues the language described in subsection 7a74 7#b7 ,range of dates ,the ,secretary shall issue language not sooner than ,february #ad1 #bjah1 but not later than ,july #a1 #bjah4 7#c7 ,certification ,upon issuance of the language described in subsection 7a71 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 time4 #ajc4 ,provisions to be included by ,secretary 7a7 ,in general ,in carrying out section #ajb1 the ,secretary shall include specific criteria prescribed in this section1 and shall ensure that the language meets the stated objectives in this section4 7b7 ,purpose ,the ,metro ,reform ,board shall work expeditiously to improve all facets of the ,authority1 including-- 7#a7 the short-1 medium-1 and long-term financial outlook2 7#b7 general operations2 7#c7 management and governing structure2 7#d7 maintaining a state of good repair2 7#e7 the pension and retirement benefits programs2 7#f7 labor relations2 and 7#g7 culture of safety4 7c7 ,duration of ,metro ,reform ,board ,the ,metro ,reform ,board shall remain in place for not less than #c years after the date it is established pursuant to this title4 7d7 ,board of directors ,the ,metro ,reform ,board shall be composed of #e ,directors1 of whom-- 7#a7 #a shall be appointed by the ,northern ,virginia ,transportation ,commission1 in consultation with the ,governor of ,virginia2 7#b7 #a shall be appointed by the ,governor of ,maryland1 in consultation with the ,washington ,suburban ,transit ,commission2 7#c7 #a shall be appointed by the ,mayor of the ,district of ,columbia1 in consultation with the ,city ,council of the ,district of ,columbia2 7#d7 #a shall be selected by the #c other ,directors of the ,reform ,board from a list of candidates selected by the ,secretary of ,transportation2 and 7#e7 #a shall be appointed by the ,secretary of ,transportation1 and that ,director shall serve as ,chairperson4 7e7 ,qualifications ,the ,directors of the ,metro ,reform ,board1 to the greatest extent practicable1 shall possess demonstrable experience in engineering2 finance2 public sector financial management or oversight2 mass transit management2 planning in transit1 mass transit1 transportation1 or land use2 public safety2 homeland security2 human resources2 labor relations management2 or as a chief executive officer1 chief financial officer1 or be a board member of a large capacity1 publicly traded organization4 ,appointees may not currently hold elected political office4 7f7 ,fiduciary obligation ,the ,directors of the ,metro ,reform ,board shall have a fiduciary obligation to the ,washington ,metropolitan ,area ,transit ,authority4 7g7 ,terms ,each ,director of the ,reform ,board shall be appointed for a term of #e years or less if the ,metro ,reform ,board is terminated sooner by the ,signatories4 7h7 ,powers ,notwithstanding any ,federal law1 rule1 or regulation1 and except as provided in this section1 the ,metro ,reform ,board shall be afforded all powers1 responsibilities1 and obligations of the ,board1 in addition to the powers1 responsibilities1 and obligations set forth in this section1 if the powers conferred in this ,act supersede any constraints placed on the ,board prior to amending the ,compact4 7#a7 ,contracts ,the ,metro ,reform ,board shall review all existing and pending contracts and may amend such contracts1 renegotiate them1 approve them1 or void them4 7#b7 ,liabilities ,the ,metro ,reform ,board shall have the authority to renegotiate existing liabilities4 7i7 ,restrictions 7#a7 ,rules2 no vetoes ,the ,metro ,reform ,board shall adopt its own rules and procedures for meetings and conducting business1 except that the ,board may not adopt a rule1 method1 or procedure by which a minority of ,directors may vote to prevent action by the ,board4 7#b7 ,separation of accounts ,the ,metro ,reform ,board shall keep separate its capital budget funds and its expense budget funds4 ,the ,board shall not transfer funds between accounts1 or use funds in one account to make payments for items which should be paid by the other account4 7#c7 ,limits on annual spending increases ,the ,metro ,reform ,board shall adopt limits on annual spending increases relating to-- 7,a7 capital expenses2 7,b7 nonpersonnel-related expenses within the operations account2 and 7,c7 personnel-related expenses with the operations account which1 beginning the next fiscal year after the date of enactment of this ,act1 shall not exceed #j percent annual growth for #e fiscal years4 7j7 ,labor 7#a7 ,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 #i of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei74 7#b7 ,exceptions ,the ,authority shall not enter into such a contract if the terms of the collective bargaining agreement-- 7,a7 provide protections for work stoppage by the employees covered by such contract2 7,b7 provide the opportunity for overtime work that results in pay to any employee in excess of #abj percent of the annual salary or pay of that employee2 7,c7 prevent the ,authority from using contracted labor or services2 7,d7 restrict in any way the ,authority from laying off1 transferring1 or demoting an employee2 7,e7 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 schedule2 7,f7 restrict in any way the number of part-time employees of the ,authority2 or 7,g7 provide for rates of overtime that exceed time and one-half for any reason4 7k7 ,duties 7#a7 ,consultation ,the ,metro ,reform ,board shall fully cooperate with the ,national ,academy of ,public ,administration1 whose services shall be contracted pursuant to this ,act1 to provide assistance to the ,authority1 the ,commonwealth of ,virginia1 the ,district of ,columbia1 the ,state of ,maryland1 and the ,secretary for the purposes of implementing this ,act1 and for other purposes4 7#b7 ,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 ,authority1 and shall adopt a plan to incorporate managed competition into the workforce4 7#c7 ,employee protections ,employees of the ,authority shall be afforded the rights and protections prescribed in title ,,iii4 7#d7 ,retirement plans ,with respect to pension and retirement benefits plans for employees of the ,authority-- 7,a7 the ,authority shall honor all pension obligations for employees retired from the ,authority and currently receiving a pension and such pension may be modified from time to time consistent with applicable law2 7,b7 the ,authority shall1 for employees who1 on the date of enactment of this ,act1 have accumulated a total of #e years of employment with the ,authority1 devise a system which limits those enrolled in the ,authority's pension plan to having not more than #ajj percent of base annual salary as the amount counted toward the highest salary level for purposes of calculating pension benefits2 7,c7 the ,authority may1 with respect to those employees who were hired before the date of enactment of this ,act but who had yet to accumulate a total of #e years of employment with the ,authority1 determine a benefits plan which may include a combination of a defined benefit and a defined contribution2 and 7,d7 the ,authority shall1 for all employees not enrolled in the ,authority's pension system on the date of enactment of this ,act1 provide defined contribution retirement plans4 7l7 ,clarification ,the provisions in this section are prescribed as minimum criteria4 ,nothing in this section shall be construed to limit-- 7#a7 the ,secretary of ,transportation from further prescribing rules1 regulations1 guidelines1 or legislative text2 or 7#b7 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 enactment4 #ajd4 ,approval ,congress shall approve of the language issued by the ,secretary and enacted by the ,signatories pursuant to section #ajb4 ,,ii ,new ,washington ,metropolitan ,area ,transit ,authority ,compact #bja4 ,additional resources for capital projects for ,washington ,metropolitan ,area ,transit ,authority 7a7 ,authorization ,subject to the provisions of this section1 and notwithstanding the provisions of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7,public ,law #aaj-dcb2 #abf ,stat4 #difh71 the ,secretary of ,transportation may make grants to the ,authority1 in addition to the contributions authorized under sections #c1 #ad1 and #ag of the ,national ,capital ,transportation ,act of #aifi 7sec4 #i-aaja4ja et seq41 ,d4,c4 ,official ,code71 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 ,authority4 7b7 ,use of funds ,the ,federal grants made pursuant to the authorization under this section shall be subject to the following limitations and conditions3 7#a7 ,the work for which such ,federal grants are authorized shall be subject to the provisions of the ,compact1 including any future amendments to such ,compact4 7#b7 ,each such ,federal grant shall be for #ej percent of the net project cost of the project involved1 and shall be provided in cash from sources other than ,federal funds or revenues from the operation of public mass transportation systems4 ,consistent with the terms of the amendment to the ,compact1 or any future amendments to such ,compact1 any funds so provided shall be solely from undistributed cash surpluses1 replacement or depreciation funds or reserves available in cash1 or new capital4 7c7 ,applicability of requirements for mass transportation capital projects receiving funds under federal transportation law ,except as specifically provided in this ,act1 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 #ec of title #di1 ,united ,states ,code1 except to the extent that the ,secretary determines that the requirements are inconsistent with this ,act1 its purposes1 or any subsequent rules or guidance issued pursuant to this ,act4 7d7 ,amount ,there is authorized to be appropriated to the ,secretary of ,transportation for grants under this section #ge1jjj1jjj for each fiscal year through fiscal year #bjbi4 7e7 ,availability 7#a7 ,in general ,amounts appropriated pursuant to the authorization under this section shall remain available until expended4 ,in the event that the ,secretary exercises discretion provided in section #bjb to withhold certain funds in any fiscal year1 any remaining funds from that fiscal year shall be available in subsequent fiscal years1 subject to limitations described in this subsection4 7#b7 ,additional limitations ,with regard to any remaining funds described in this subsection-- 7,a7 such funds shall not be expended beyond fiscal year #bjcc2 7,b7 not more than #bjj1jjj1jjj shall be expended in any single fiscal year2 7,c7 in the event that the ,secretary chooses to expend such funds in fiscal years #bjcj1 #bjca1 #bjcb or #bjcc-- 7i7 the total amount for any such fiscal year shall not exceed #aej1jjj1jjj2 and 7ii7 the ,secretary shall1 to the greatest extent practicable1 make such funds available in a decreasing amount beginning in fiscal year #bjcj4 7#c7 ,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 section1 the ,authority may retain up to #bj percent of the remaining funds and may spend such funds in a subsequent fiscal year4 #bjb4 ,new ,,wmata compact 7a7 ,purpose ,the purpose of this section is to establish a means by which the ,signatories1 with guidance from the ,secretary1 may collaborate to adopt a succeeding interstate ,compact that meets the criteria and other benchmarks set forth in this ,act4 7b7 ,in general ,not less than #ij days after the ,metro ,reform ,board is established pursuant to title ,i1 the ,secretary shall establish-- 7#a7 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 ,act2 7#b7 language that meets the criteria described in this section and which shall be incorporated into a succeeding interstate ,compact2 and 7#c7 a system of goals and metrics by which the ,secretary shall be able to determine the extent to which-- 7,a7 the ,authority1 governed by the ,metro ,reform ,board1 is making substantial progress with regard to reaching the goals described in section #ajc2 7,b7 the ,signatories are making progress toward complying with this section to amend the interstate ,compact2 and 7,c7 the ,authority1 governed by the succeeding ,metro ,board1 is making substantial progress with regard to reaching the goals and metrics described in this section4 7c7 ,report ,once the parameters1 guidelines1 language1 and system described in subsection 7a7 are established1 the ,secretary shall transmit such parameters1 guidelines1 language1 and system to the ,signatories1 the appropriate congressional committees1 and the ,authority4 7d7 ,limitations 7#a7 ,certification ,in addition to the limitations in section #bja1 the ,secretary shall not release any funds authorized under such section unless the ,secretary certifies that-- 7,a7 by using the ,compact amendment process1 the ,signatories have replaced the ,board in operation and installed a ,metro ,reform ,board1 pursuant to this ,act2 and 7,b7 all members of the ,metro ,reform ,commission have been appointed4 7#b7 ,commensurate release of funds ,in addition to the limitations in paragraph 7#a7 and section #bja1 the ,secretary shall release funds authorized under section #bja in a manner commensurate with the extent to which-- 7,a7 the ,signatories are in compliance with subsections 7b77#a7 and 7b77#c77;,b72 and 7,b7 the ,authority-- 7i7 governed by the ,metro ,reform ,board1 is making substantial progress with regard to reaching the goals described in section #ajc and the metrics described subsection 7b77#c77;,a72 or 7ii7 governed by the succeeding ,metro ,board1 is making substantial progress with regarding to reaching the goals described in this section4 7#c7 ,no transfers ,any remaining grant funds for any fiscal year shall not be transferred to other accounts within the ,department of ,transportation4 7#d7 ,future secretaries ,in the event that a successor ,secretary of ,transportation enters office after establishment of the system referenced in subsection 7a71 the successor may continue using such system1 or may establish a new system1 except that the successor shall not implement a new system without submission to1 and written approval by1 each of the appropriate congressional committees4 7e7 ,report ,the certification referenced in subsection 7c77#a7 shall be transmitted as soon as practicable to the appropriate congressional committees1 the ,signatories1 and the ,authority4 ,the disbursement of funds shall not take place until the ,appropriations ,committees of the ,house of ,representatives and the ,senate receive the report4 7f7 ,assistance with goals and metrics ,in accordance with section #djb1 the ,secretary shall enter into a contract with the ,national ,academy of ,public ,administration to provide assistance to the ,secretary1 the ,authority1 and the ,signatories for the purposes of implementing this ,act1 aiding with the transition from ,metro ,reform ,board to the succeeding the ,metro ,board1 and for other purposes4 7g7 ,parameters and guidelines ,with respect to paragraphs 7#a7 and 7#b7 of subsection 7a71 the ,secretary shall ensure that the new interstate ,compact will improve the outlook of-- 7#a7 general finances2 7#b7 general operations2 7#c7 management2 7#d7 maintenance2 7#e7 pensions2 7#f7 labor relations2 and 7#g7 day-to-day safety operations4 #bjc4 ,provisions to be included by ,secretary 7a7 ,in general ,with respect to section #bjb1 the ,secretary shall ensure that the succeeding interstate ,compact improves all aspects of the ,authority1 including-- 7#a7 the short-1 medium-1 and long-term financial outlook2 7#b7 general operations2 7#c7 management and governing structure2 7#d7 maintaining a state of good repair2 7#e7 the pension and retirement benefits programs2 7#f7 labor relations2 and 7#g7 culture of safety4 7b7 ,succeeding ,,wmata board of directors 7#a7 ,makeup ,the ,,wmata ,board shall consist of #i ,directors1 of whom-- 7,a7 #b shall be appointed by the ,mayor of the ,district of ,columbia2 7,b7 #b shall be appointed by the ,governor of ,maryland2 7,c7 #a shall be appointed by the ,northern ,virginia ,transportation ,commission2 7,d7 #a shall be appointed by the ,governor of ,virginia2 7,e7 #b shall be appointed by the ,secretary of ,transportation2 and 7,f7 #a shall be jointly appointed by the ,governors and the ,mayor1 in consultation with the ,northern ,virginia ,transportation ,commission1 the ,washington ,suburban ,transit ,commission1 and the ,city ,council of the ,district of ,columbia1 respectively1 and that ,director shall serve as ,chair of the ,board4 ,in the event that the ,governors and the ,mayor fail to jointly approve the ,chair of the ,board within #cj days after ,congress grants consent to a succeeding interstate ,compact1 the ,secretary of ,transportation shall appoint a third individual who shall serve as ,chair4 7#b7 ,removal ,directors shall only be removed from service to the ,board for cause4 7#c7 ,qualifications ,the ,board of ,directors1 to the greatest extent practicable1 shall possess demonstrable experience in engineering1 finance2 public sector financial management or oversight2 mass transit management2 planning in transit1 mass transit1 transportation1 or land use2 public safety2 homeland security2 human resources2 labor relations management2 or as a chief executive officer1 chief financial officer1 or be a board member of a large capacity1 publicly traded organization4 ,appointed ,directors may not currently hold elected political office4 7#d7 ,rules2 no jurisdictional veto ,except as otherwise provided in this title1 the ,board shall adopt its own rules and procedures for meetings and conducting business1 except that the ,board shall not adopt a rule1 method1 or procedure by which a minority of ,directors may vote to prevent action by the ,board4 7#e7 ,compensation ,directors of the ,board shall be compensated by the ,authority for their service4 ,the rates of compensation and reimbursement shall be established at uniform rates across appointing authorities4 7#f7 ,separation of accounts ,the ,board shall keep separate its capital budget funds and its expense budget funds4 ,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 account4 7c7 ,limits on annual spending increases ,the ,signatories shall include in any amendment to the ,compact limits on annual spending increases relating to-- 7#a7 capital expenses2 7#b7 nonpersonnel-related expenses within the operations account2 and 7#c7 personnel-related expenses within the operations account4 7d7 ,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 7c71 the ,authority may seek a waiver by submitting an appeal1 in writing1 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 appeal4 ,a waiver shall only be granted upon approval by each of the legislative bodies of the ,signatories and the executives thereof4 ,the terms of such a waiver shall not exceed #b years4 7e7 ,limit on annual contributions from funding jurisdictions for operations ,the ,signatories shall include an any amendment to the ,compact a limit of #c percent relating to the annual growth in the rate of spending by the funding jurisdictions to subsidize operational needs of the ,authority4 7f7 ,labor provisions 7#a7 ,arbitration ,in case of any dispute over labor rights involving the ,authority and such employees where collective bargaining does not result in agreement1 the ,authority shall submit such dispute to the ,national ,mediation ,board4 7#b7 ,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 contracts4 7#c7 ,employee protections ,employees of the ,authority shall be afforded the rights and protections prescribed in title ,,iii of this ,act4 7g7 ,retirement plans ,with respect to pension and retirement benefits plans for employees of the ,authority-- 7#a7 the ,authority shall honor all pension obligations for employees retired from the ,authority and currently receiving a pension2 7#b7 the ,authority shall1 for employees who1 on the date of enactment of this ,act1 have accumulated a total of #e years of employment with the ,authority1 devise a system which limits those enrolled in the ,authority's pension plan to having not more than #ajj percent of base annual salary as the amount counted toward the highest salary level for purposes of calculating pension benefits2 7#c7 the ,authority may1 with respect to those employees who were hired before the date of enactment of this ,act but who had yet to accumulate a total of #e years of employment with the ,authority1 determine a benefits plan which may include a combination of a defined benefit and a defined contribution2 and 7#d7 the ,authority shall1 for all employees not enrolled in the ,authority's pension system on the date of enactment of this ,act1 provide defined contribution retirement plans4 7h7 ,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 budget1 finances1 and other aspects of the ,authority4 ,the product chosen shall enable the ,authority to provide open data1 analytics1 financial transparency1 and reporting tools1 among other things1 and shall enable the public to review the finances of the ,authority in real-time4 7i7 ,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 used1 and shall employ innovative contracting practices when warranted or justified4 ,the ,board shall adopt policies and procedures to comply with this subsection4 7j7 ,clarification ,the provisions in this section are prescribed as minimum criteria which must be included in any amendment to the ,compact4 ,nothing in this section shall be construed to limit-- 7#a7 the ,secretary from further prescribing rules1 regulations1 guidelines1 or legislative text which shall be included in any amendment to the ,compact2 or 7#b7 the ,signatories from including other provisions to amend the ,compact2 if such provisions are consistent with this ,act2 and the ,secretary approves of any such provisions prior to enactment4 ,,iii ,,employee ,,protections #cja4 ,,wmata ,employee ,whistleblower ,protection 7a7 ,in general ,the ,authority1 a contractor or a subcontractor of the ,authority1 or an officer or employee of the ,authority1 shall not discharge1 demote1 suspend1 reprimand1 or in any other way discriminate against an employee with respect to the terms and conditions of employment if such discrimination is due1 in whole or in part1 to the employee's lawful1 good faith act done1 or perceived by the employer to have been done or about to be done-- 7#a7 to provide information1 directly cause information to be provided1 or otherwise directly assist in any investigation regarding any conduct which the employee reasonably believes constitutes a violation of any ,federal law or regulation or provision adopted by an authority created by an interstate ,compact relating to public transportation safety or security1 or fraud1 waste1 or abuse of ,federal grants or other public funds intended to be used for public transportation safety or security1 if the information or assistance is provided to or an investigation stemming from the provided information is conducted by-- 7,a7 a ,federal1 ,state1 or local regulatory or law enforcement agency1 or a regulatory or law enforcement agency created by an interstate ,compact 7including an office of the ,inspector ,general under the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app42 ,public ,law #ie-deb772 7,b7 any ,member of ,congress1 any committee of ,congress1 or the ,government ,accountability ,office2 or 7,c7 a person with supervisory authority over the employee or such other person who has the authority to investigate1 discover1 or terminate the misconduct2 7#b7 to refuse to violate or assist in the violation of any ,federal law1 rule1 or regulation relating to public transportation safety or security2 7#c7 to file a complaint or directly cause to be brought a proceeding related to the enforcement of this section or to testify in that proceeding2 7#d7 to notify1 or attempt to notify1 the ,authority1 the inspector general1 or the ,secretary of ,transportation of a work-related personal injury or work-related illness of an employee2 7#e7 to accurately report hours on duty pursuant to chapter #baa of title #di1 ,united ,states ,code2 7#f7 to cooperate with a safety or security investigation by the ,secretary of ,transportation1 the ,secretary of ,homeland ,security1 or the ,national ,transportation ,safety ,board2 or 7#g7 to furnish information to the ,secretary of ,transportation1 the ,secretary of ,homeland ,security1 the ,national ,transportation ,safety ,board1 or any ,federal1 ,state1 or local regulatory or law enforcement agency1 or a regulatory or law enforcement agency created by an interstate ,compact1 as to the facts relating to any accident or incident resulting in injury or death to an individual or damage to property occurring in connection with public transportation4 7b7 ,prompt medical attention 7#a7 ,prohibition ,the ,authority or person covered under this section may not deny1 delay1 or interfere with the medical or first aid treatment of an employee who is injured during the course of employment4 ,if transportation to a hospital is requested by an employee who is injured during the course of employment1 the ,authority shall promptly arrange to have the injured employee transported to the nearest hospital where the employee can receive safe and appropriate medical care4 7#b7 ,discipline ,the ,authority or person covered under this section may not discipline1 or threaten discipline to1 an employee for requesting medical or first aid treatment1 or for following orders or a treatment plan of a treating physician1 except that the ,authority's refusal to permit an employee to return to work following medical treatment shall not be considered a violation of this section if the refusal is pursuant to ,federal ,railroad ,administration medical standards for fitness of duty or1 if there are no pertinent ,federal ,railroad ,administration standards1 the ,authority's medical standards for fitness for duty4 ,for purposes of this paragraph1 the term discipline means to bring charges against a person in a disciplinary proceeding1 suspend1 terminate1 place on probation1 or make note of reprimand on an employee's record4 7c7 ,hazardous safety or security conditions 7#a7 ,the authority1 or a contractor or a subcontractor of such authority1 or an officer or employee of such authority1 shall not discharge1 demote1 suspend1 reprimand1 or in any other way discriminate against an employee for-- 7,a7 reporting1 in good faith1 a hazardous safety or security condition2 7,b7 refusing to work when confronted by a hazardous safety or security condition related to the performance of the employee's duties1 if the conditions described in paragraph 7#b7 exist2 or 7,c7 refusing to authorize the use of any safety- or security-related equipment1 track1 or structures1 if the employee is responsible for the inspection or repair of the equipment1 track1 or structures1 when the employee believes that the equipment1 track1 or structures are in a hazardous safety or security condition1 if the conditions described in paragraph 7#b7 of this subsection exist4 7#b7 ,a refusal by an employee is protected under paragraph 7#a77;,b7 and 7,c7 if-- 7,a7 the refusal is made in good faith and no reasonable alternative to the refusal is available to the employee2 7,b7 a reasonable individual in the circumstances then confronting the employee would conclude that-- 7i7 the hazardous condition presents an imminent danger of death or serious injury2 and 7ii7 the urgency of the situation does not allow sufficient time to eliminate the danger without such refusal2 and 7,c7 the employee1 where possible1 has notified the authority of the existence of the hazardous condition and the intention not to perform further work1 or not to authorize the use of the hazardous equipment1 track1 or structures1 unless the condition is corrected immediately or the equipment1 track1 or structures are repaired properly or replaced4 7#c7 ,in this subsection1 only subsection 7c77#a77;,a7 shall apply to security personnel1 including transit police1 employed or utilized by the authority to protect riders1 equipment1 assets1 or facilities4 7d7 ,enforcement action 7#a7 ,filing and notification ,a person who believes that he or she has been discharged or otherwise discriminated against by any person in violation of subsection 7a71 7b71 or 7c7 may1 not later than #ahj days after the date on which such violation occurs1 file 7or have any person file on his or her behalf7 a complaint with the ,secretary of ,labor alleging such discharge or discrimination4 ,upon receipt of a complaint filed under this paragraph1 the ,secretary of ,labor shall notify1 in writing1 the person named in the complaint and the person's employer of the filing of the complaint1 of the allegations contained in the complaint1 of the substance of evidence supporting the complaint1 and of the opportunities that will be afforded to such person under paragraph 7#b74 7#b7 ,investigation2 preliminary order 7,a7 ,in general ,not later than #fj days after the date of receipt of a complaint filed under paragraph 7#a7 and after affording the person named in the complaint an opportunity to submit to the ,secretary of ,labor a written response to the complaint and an opportunity to meet with a representative of the ,secretary of ,labor to present statements from witnesses1 the ,secretary of ,labor shall conduct an investigation and determine whether there is reasonable cause to believe that the complaint has merit and notify1 in writing1 the complainant and the person alleged to have committed a violation of subsection 7a71 7b71 or 7c7 of the ,secretary of ,labor's findings4 ,if the ,secretary of ,labor concludes that there is a reasonable cause to believe that a violation of subsection 7a71 7b71 or 7c7 has occurred1 the ,secretary of ,labor shall accompany the ,secretary of ,labor's findings with a preliminary order providing the relief prescribed by paragraph 7#c77;,b74 ,not later than #cj days after the date of notification of findings under this paragraph1 either the person alleged to have committed the violation or the complainant may file objections to the findings or preliminary order1 or both1 and request a hearing on the record4 ,the filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order4 ,such hearings shall be conducted expeditiously4 ,if a hearing is not requested in such #cj-;day period1 the preliminary order shall be deemed a final order that is not subject to judicial review4 7,b7 ,requirements 7i7 ,required showing by complainant ,the ,secretary of ,labor shall dismiss a complaint filed under this subsection and shall not conduct an investigation otherwise required under subparagraph 7,a7 unless the complainant makes a prima facie showing that any behavior described in subsection 7a71 7b71 or 7c7 was a contributing factor in the unfavorable personnel action alleged in the complaint4 7ii7 ,showing by employer ,notwithstanding a finding by the ,secretary of ,labor that the complainant has made the showing required under clause 7i71 no investigation otherwise required under subparagraph 7,a7 shall be conducted if the employer demonstrates1 by clear and convincing evidence1 that the employer would have taken the same unfavorable personnel action in the absence of that behavior4 7iii7 ,criteria for determination by ,secretary of ,labor ,the ,secretary of ,labor may determine that a violation of subsection 7a71 7b71 or 7c7 has occurred only if the complainant demonstrates that any behavior described in subsection 7a71 7b71 or 7c7 was a contributing factor in the unfavorable personnel action alleged in the complaint4 7iv7 ,prohibition ,relief may not be ordered under subparagraph 7,a7 if the employer demonstrates by clear and convincing evidence that the employer would have taken the same unfavorable personnel action in the absence of that behavior4 7#c7 ,final order 7,a7 ,deadline for issuance2 settlement agreements ,not later than #abj days after the date of conclusion of a hearing under paragraph 7#b71 the ,secretary of ,labor shall issue a final order providing the relief prescribed by this paragraph or denying the complaint4 ,at any time before issuance of a final order1 a proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the ,secretary of ,labor1 the complainant1 and the person alleged to have committed the violation4 7,b7 ,remedy ,if1 in response to a complaint filed under paragraph 7#a71 the ,secretary of ,labor determines that a violation of subsection 7a71 7b71 or 7c7 has occurred1 the ,secretary of ,labor shall order the person who committed such violation to-- 7i7 take affirmative action to abate the violation2 and 7ii7 provide the remedies described in subsection 7e74 7,c7 ,order ,if an order is issued under subparagraph 7,b71 the ,secretary of ,labor1 at the request of the complainant1 shall assess against the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses 7including attorney's and expert witness fees7 reasonably incurred1 as determined by the ,secretary of ,labor1 by the complainant for1 or in connection with1 bringing the complaint upon which the order was issued4 7,d7 ,frivolous complaints ,if the ,secretary of ,labor finds that a complaint under paragraph 7#a7 is frivolous or has been brought in bad faith1 the ,secretary of ,labor may award to the prevailing employer reasonable attorney's fees not exceeding #a1jjj4 7#d7 ,review 7,a7 ,appeal to court of appeals ,any person adversely affected or aggrieved by an order issued under paragraph 7#c7 may obtain review of the order in the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit4 ,the petition for review must be filed not later than #fj days after the date of the issuance of the final order of the ,secretary of ,labor4 ,review shall conform to chapter #g of title #e1 ,united ,states ,code4 ,the commencement of proceedings under this subparagraph shall not1 unless ordered by the court1 operate as a stay of the order4 7,b7 ,limitation on collateral attack ,an order of the ,secretary of ,labor with respect to which review could have been obtained under subparagraph 7,a7 shall not be subject to judicial review in any criminal or other civil proceeding4 7#e7 ,enforcement of order by secretary of labor ,whenever any person has failed to comply with an order issued under paragraph 7#c71 the ,secretary of ,labor may file a civil action in the ,united ,states district court for the district in which the violation was found to occur to enforce such order4 ,in actions brought under this paragraph1 the district courts shall have jurisdiction to grant all appropriate relief including1 but not limited to1 injunctive relief and compensatory damages4 7#f7 ,enforcement of order by parties 7,a7 ,commencement of action ,a person on whose behalf an order was issued under paragraph 7#c7 may commence a civil action against the person to whom such order was issued to require compliance with such order4 ,the appropriate ,united ,states district court shall have jurisdiction1 without regard to the amount in controversy or the citizenship of the parties1 to enforce such order4 7,b7 ,attorney's fees ,the court1 in issuing any final order under this paragraph1 may award costs of litigation 7including reasonable attorney's and expert witness fees7 to any party whenever the court determines such award is appropriate4 7#g7 ,de novo review ,with respect to a complaint under paragraph 7#a71 if the ,secretary of ,labor has not issued a final decision not later than #baj days after the filing of the complaint and if the delay is not due to the bad faith of the employee1 the employee may bring an original action at law or equity for de novo review in the appropriate district court of the ,united ,states1 which shall have jurisdiction over such an action without regard to the amount in controversy1 and which action shall1 at the request of either party to such action1 be tried by the court with a jury4 ,the action shall be governed by the same legal burdens of proof specified in paragraph 7#b77;,b7 for review by the ,secretary of ,labor4 7e7 ,remedies 7#a7 ,in general ,an employee prevailing in any action under subsection 7d7 shall be entitled to all relief necessary to make the employee whole4 7#b7 ,damages ,relief in an action under subsection 7d7 7including an action described in 7d77#g77 shall include-- 7,a7 reinstatement with the same seniority status that the employee would have had1 but for the discrimination2 7,b7 any backpay1 with interest2 and 7,c7 compensatory damages1 including compensation for any special damages sustained as a result of the discrimination1 including litigation costs1 expert witness fees1 and reasonable attorney's fees4 7f7 ,election of remedies ,an employee may not seek protection under both this section and another provision of law for the same allegedly unlawful act of the authority4 7g7 ,rights retained by employee ,nothing in this section shall be construed to diminish the rights1 privileges1 or remedies of any employee under any ,federal or ,state law1 provision adopted by an authority created by an interstate ,compact1 or under any collective bargaining agreement4 ,the rights and remedies in this section may not be waived by any agreement1 policy1 form1 or condition of employment4 7h7 ,no preemption ,nothing in this section preempts or diminishes any other safeguards against discrimination1 demotion1 discharge1 suspension1 threats1 harassment1 reprimand1 retaliation1 or any other manner of discrimination provided by ,federal or ,state law or provision adopted by an authority created by an interstate ,compact4 7i7 ,disclosure of identity 7#a7 ,except as provided in paragraph 7#b7 of this subsection1 or with the written consent of the employee1 the ,secretary of ,transportation or the ,secretary of ,homeland ,security may not disclose the name of an employee who has provided information described in subsection 7a77#a74 7#b7 ,the ,secretary of ,transportation or the ,secretary of ,homeland ,security shall disclose to the ,attorney ,general the name of an employee described in paragraph 7#a7 of this subsection if the matter is referred to the ,attorney ,general for enforcement4 ,the ,secretary making such disclosure shall provide reasonable advance notice to the affected employee if disclosure of that person's identity or identifying information is to occur4 7j7 ,process for reporting security problems to the ,department of ,homeland ,security 7#a7 ,establishment of process ,the ,secretary shall establish through regulations after an opportunity for notice and comment1 and provide information to the public regarding1 a process by which any person may submit a report to the ,secretary regarding public transportation security problems1 deficiencies1 or vulnerabilities4 7#b7 ,acknowledgment of receipt ,if a report submitted under paragraph 7#a7 identifies the person making the report1 the ,secretary shall respond promptly to such person and acknowledge receipt of the report4 7#c7 ,steps to address problem ,the ,secretary shall review and consider the information provided in any report submitted under paragraph 7#a7 and shall take appropriate steps to address any problems or deficiencies identified4 #cjb4 ,protection from whistleblower retaliations from labor union officials 7a7 ,in general ,a labor organization or its officers or agents shall not discriminate against an employee if such discrimination is due1 in whole or in part1 to the employee's lawful1 good faith act done1 or perceived by the labor organization to have been done or about to be done-- 7#a7 to provide information1 directly cause information to be provided1 or otherwise directly assist in any investigation regarding any conduct which the employee reasonably believes constitutes a violation of-- 7,a7 any ,federal law or regulation or provision adopted by an authority created by an interstate ,compact2 7,b7 any bylaw of the labor organization2 or 7,c7 any fraud1 waste1 or abuse of the labor organization's funds if the information or assistance is provided to or an investigation stemming from the provided information is conducted by-- 7i7 a ,federal1 ,state1 or local regulatory or law enforcement agency1 or a regulatory or law enforcement agency created by an interstate ,compact 7including an office of the ,inspector ,general under the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app42 ,public ,law #ie-deb772 7ii7 any ,member of ,congress1 any committee of ,congress1 or the ,government ,accountability ,office2 or 7iii7 a person with supervisory authority over the employee or such other person who has the authority to investigate1 discover1 or terminate the misconduct2 7#b7 to refuse to violate or assist in the violation of any law1 rule1 or regulation relating to labor policy2 7#c7 to refuse to violate or assist in the violation of any bylaw of the labor organization2 7#d7 to file a complaint or directly cause to be brought a proceeding related to the enforcement of this section or to testify in that proceeding2 7#e7 to notify1 or attempt to notify1 an officer of the labor union1 the employer1 the inspector general1 or the ,secretary of ,labor of a violation of a law1 rule1 regulation1 or a bylaw of the labor organization2 7#f7 to accurately report hours on duty pursuant to chapter #baa of title #di1 ,united ,states ,code2 7#g7 to cooperate with a safety or security investigation by any ,federal1 ,state1 or local regulatory or law enforcement agency1 or a regulatory or law enforcement agency created by an interstate ,compact 7including an office of the ,inspector ,general under the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app42 ,public ,law #ie-deb772 or 7#h7 to furnish information to any ,federal1 ,state1 or local regulatory or law enforcement agency1 or a regulatory or law enforcement agency created by an interstate ,compact1 as to the facts relating to any accident or incident resulting in injury or death to an individual1 damage to property1 or misappropriation of funds4 7b7 ,enforcement action 7#a7 ,filing and notification ,a person who believes that he or she has been discharged or otherwise discriminated against by any person in connection with a violation of subsection 7a7 may1 not later than #ahj days after the date on which such violation occurs1 file 7or have any person file on his or her behalf7 a complaint with the ,secretary of ,labor alleging such discharge or discrimination4 ,upon receipt of a complaint filed under this paragraph1 the ,secretary of ,labor shall notify1 in writing1 the person named in the complaint and the person's employer of the filing of the complaint1 of the allegations contained in the complaint1 of the substance of evidence supporting the complaint1 and of the opportunities that will be afforded to such person under paragraph 7#b74 7#b7 ,investigation2 preliminary order 7,a7 ,in general ,not later than #fj days after the date of receipt of a complaint filed under paragraph 7#a7 and after affording the person named in the complaint an opportunity to submit to the ,secretary of ,labor a written response to the complaint and an opportunity to meet with a representative of the ,secretary of ,labor to present statements from witnesses1 the ,secretary of ,labor shall conduct an investigation and determine whether there is reasonable cause to believe that the complaint has merit and notify1 in writing1 the complainant and the person alleged to have committed a violation of subsection 7a7 of the ,secretary of ,labor's findings4 ,if the ,secretary of ,labor concludes that there is a reasonable cause to believe that a violation of subsection 7a7 has occurred1 the ,secretary of ,labor shall accompany the ,secretary of ,labor's findings with a preliminary order providing the relief prescribed by paragraph 7#c77;,b74 ,not later than #cj days after the date of notification of findings under this paragraph1 either the person alleged to have committed the violation or the complainant may file objections to the findings or preliminary order1 or both1 and request a hearing on the record4 ,the filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order4 ,such hearings shall be conducted expeditiously4 ,if a hearing is not requested in such #cj-;day period1 the preliminary order shall be deemed a final order that is not subject to judicial review4 7,b7 ,requirements 7i7 ,required showing by complainant ,the ,secretary of ,labor shall dismiss a complaint filed under this subsection and shall not conduct an investigation otherwise required under subparagraph 7,a7 unless the complainant makes a prima facie showing that any behavior described in subsection 7a7 was a contributing factor in the unfavorable personnel action alleged in the complaint4 7ii7 ,showing by labor organization officer ,notwithstanding a finding by the ,secretary of ,labor that the complainant has made the showing required under clause 7i71 no investigation otherwise required under subparagraph 7,a7 shall be conducted if the labor organization officer demonstrates1 by clear and convincing evidence1 that the labor organization officer would have taken the same unfavorable personnel action in the absence of that behavior4 7iii7 ,criteria for determination by ,secretary of ,labor ,the ,secretary of ,labor may determine that a violation of subsection 7a7 has occurred only if the complainant demonstrates that any behavior described in subsection 7a7 was a contributing factor in the unfavorable personnel action alleged in the complaint4 7iv7 ,prohibition ,relief may not be ordered under subparagraph 7,a7 if the labor union officer demonstrates by clear and convincing evidence that the labor union officer would have taken the same unfavorable personnel action in the absence of that behavior4 7#c7 ,final order 7,a7 ,deadline for issuance2 settlement agreements ,not later than #abj days after the date of conclusion of a hearing under paragraph 7#b71 the ,secretary of ,labor shall issue a final order providing the relief prescribed by this paragraph or denying the complaint4 ,at any time before issuance of a final order1 a proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the ,secretary of ,labor1 the complainant1 and the person alleged to have committed the violation4 7,b7 ,remedy ,if1 in response to a complaint filed under paragraph 7#a71 the ,secretary of ,labor determines that a violation of subsection 7a7 has occurred1 the ,secretary of ,labor shall order the person who committed such violation to-- 7i7 take affirmative action to abate the violation2 and 7ii7 provide the remedies described in subsection 7c74 7,c7 ,order ,if an order is issued under subparagraph 7,b71 the ,secretary of ,labor1 at the request of the complainant1 shall assess against the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses 7including attorney's and expert witness fees7 reasonably incurred1 as determined by the ,secretary of ,labor1 by the complainant for1 or in connection with1 bringing the complaint upon which the order was issued4 7,d7 ,frivolous complaints ,if the ,secretary of ,labor finds that a complaint under paragraph 7#a7 is frivolous or has been brought in bad faith1 the ,secretary of ,labor may award to the prevailing labor organization officer reasonable attorney's fees not exceeding #a1jjj4 7#d7 ,review 7,a7 ,appeal to court of appeals ,any person adversely affected or aggrieved by an order issued under paragraph 7#c7 may obtain review of the order in the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit4 ,the petition for review must be filed not later than #fj days after the date of the issuance of the final order of the ,secretary of ,labor4 ,review shall conform to chapter #g of title #e1 ,united ,states ,code4 ,the commencement of proceedings under this subparagraph shall not1 unless ordered by the court1 operate as a stay of the order4 7,b7 ,limitation on collateral attack ,an order of the ,secretary of ,labor with respect to which review could have been obtained under subparagraph 7,a7 shall not be subject to judicial review in any criminal or other civil proceeding4 7#e7 ,enforcement of order by ,secretary of ,labor ,whenever any person has failed to comply with an order issued under paragraph 7#c71 the ,secretary of ,labor shall file a civil action in the ,united ,states district court for the district in which the violation was found to occur to enforce such order4 ,in actions brought under this paragraph1 the district courts shall have jurisdiction to grant all appropriate relief including1 but not limited to1 injunctive relief and compensatory damages4 7#f7 ,enforcement of order by parties 7,a7 ,commencement of action ,a person on whose behalf an order was issued under paragraph 7#c7 may commence a civil action against the person to whom such order was issued to require compliance with such order4 ,the appropriate ,united ,states district court shall have jurisdiction1 without regard to the amount in controversy or the citizenship of the parties1 to enforce such order4 7,b7 ,attorney's fees ,the court1 in issuing any final order under this paragraph1 may award costs of litigation 7including reasonable attorney's and expert witness fees7 to any party whenever the court determines such award is appropriate4 7#g7 ,de novo review ,with respect to a complaint under paragraph 7#a71 if the ,secretary of ,labor has not issued a final decision within #baj days after the filing of the complaint and if the delay is not due to the bad faith of the employee1 the employee may bring an original action at law or equity for de novo review in the appropriate district court of the ,united ,states1 which shall have jurisdiction over such an action without regard to the amount in controversy1 and which action shall1 at the request of either party to such action1 be tried by the court with a jury4 ,the action shall be governed by the same legal burdens of proof specified in paragraph 7#b77;,b7 for review by the ,secretary of ,labor4 7c7 ,remedies 7#a7 ,in general ,an employee prevailing in any action under subsection 7b7 shall be entitled to all relief necessary to make the employee whole4 7#b7 ,damages ,relief in an action under subsection 7b7 shall include-- 7,a7 reinstatement with the same seniority status that the employee would have had1 but for the discrimination2 7,b7 any backpay1 with interest1 to be paid by the labor organization in lieu of the employer2 and 7,c7 compensatory damages1 including compensation for any special damages sustained as a result of the discrimination1 including litigation costs1 expert witness fees1 and reasonable attorney's fees4 7#c7 ,possible relief ,relief in any action under subsection 7b7 may include punitive damages in an amount not to exceed #bej1jjj4 7d7 ,election of remedies ,an employee may not seek protection under both this section and another provision of law for the same allegedly unlawful act of the authority4 7e7 ,no preemption ,nothing in this section preempts or diminishes any other safeguards against discrimination1 demotion1 discharge1 suspension1 threats1 harassment1 reprimand1 retaliation1 or any other manner of discrimination provided by ,federal or ,state law or provision adopted by an authority created by an interstate ,compact4 7f7 ,rights retained by employee ,nothing in this section shall be construed to diminish the rights1 privileges1 or remedies of any employee under any ,federal or ,state law1 provision adopted by an authority created by an interstate ,compact1 or under any collective bargaining agreement4 ,the rights and remedies in this section may not be waived by any agreement1 policy1 form1 or condition of employment4 ,,iv ,other ,provisions #dja4 ,standardization of ,federal transit benefits 7a7 ,in general ,not later than #ae days after the date of enactment of this ,act1 the ,general ,services ,administration 7in this section referred to as ,,gsa7 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 program4 7b7 ,purpose ,the standardized rate of benefit shall constitute-- 7#a7 an operating subsidy afforded to the ,authority from the ,government in lieu of direct appropriations for the ,authority's operating costs2 and 7#b7 a benefit to ,federal employees who use the services administered by the ,authority to get to and from their place of business4 7c7 ,establishment of standardized rate ,not later than #ge days after enactment of this ,act1 the ,,gsa shall establish a policy for a standardized rate and shall have issued rules and regulations to administer such rate1 including guidance for each department and agency to follow in adopting the new rate of benefit4 ,the initial rate established shall be not less than #ij percent of the highest rate used by any ,federal agency or department1 as determined at the time the policy is established4 ,the policy shall be made public1 and shall include all relevant statistics used to justify the proposed standardized rate4 7d7 ,adoption of standardized rate ,not later than #fj days after the ,,gsa makes public the policy in subsection 7c71 all applicable departments and agencies of the ,government shall adopt and make available the standardized rate of benefit4 7e7 ,adjustment of rate ,the rate established in subsection 7c7 shall be reviewed annually and adjusted1 if necessary1 based on the same criteria used to calculate the general schedule of salaries for the ,washington-,baltimore-,arlington1 ,,dc-,,md-,,va-,,wv-,,pa areas4 #djb4 ,national ,academy of ,public ,administration 7a7 ,in general ,not less than #ae days after enactment of this ,act1 the ,secretary shall enter into a contract with the ,national ,academy of ,public ,administration for the purposes of carrying out this ,act4 ,the ,academy shall provide assistance to the ,secretary1 the ,authority1 and the ,signatories 7individually and collectively7 for the purposes of carrying out this ,act4 7b7 ,considerations ,in carrying out the relevant provisions of this ,act1 the ,academy shall-- 7#a7 recommend strategies1 practices1 and tools to increase the effectiveness of the ,board2 7#b7 facilitate engagement with the ,signatories to assist in the development and implementation of a new interstate ,compact2 7#c7 conduct research and analysis in response to specific needs of the ,board and the ,signatories1 including key policy and management issues2 7#d7 provide support to the ,board in the development of a transition plan2 and 7#e7 provide implementation support for any changes to the ,board1 or any other changes required by this ,act4 7c7 ,reports 7#a7 ,periodic reports ,the ,academy shall submit periodic reports1 in addition to a final report upon completion of the contract1 summarizing the support provided and any findings and recommendations to the appropriate congressional committees4 7#b7 ,final report ,not later than #cj days after the date determined in subsection 7d71 the ,academy shall publish online in searchable format a final report summarizing the support provided and any findings and recommendations for consideration in ,congress4 ,the ,academy shall provide notice to the appropriate congressional committees in advance of the publication of the final report4 7d7 ,contract length ,the initial term of the contract with the ,national ,academy of ,public ,administration shall be for a period of not less than #f months after the succeeding ,compact is in place4 ,the contract may be renewed1 as appropriate1 such that the contract shall be in effect for not less than #ij days after the interstate ,compact is amended pursuant to section #ajc4 #djc4 ,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 to1 or in lieu of1 minimum capital costs for transit grants awarded by the ,administration4 ,the purpose of such a review is to establish criteria that will incentivize efficiency within the entities applying for grant funds4 ,the ,administrator shall review any relevant performance metrics1 including-- 7#a7 system expenses relative to vehicle revenue hours2 7#b7 cost per passenger mile2 7#c7 cost inefficiencies associated with inadequate planning for procurement of equipment such as railcars and buses2 and 7#d7 overall safety1 including number of accidents or injuries system-wide4 #djd4 ,metro ,reform ,commission 7a7 ,establishment ,upon enactment of this ,act1 there is established a ,metro ,reform ,commission4 7b7 ,purpose ,the ,commission will serve as an intergovernmental body whose purpose is to-- 7#a7 share information and provide a forum through which proposals to improve the ,authority may be debated2 and 7#b7 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 ,authority4 7c7 ,makeup ,the makeup of the ,commission shall be as follows3 7#a7 ,the ,governor of ,virginia4 7#b7 ,the ,governor of ,maryland4 7#c7 ,the ,mayor of the ,district of ,columbia4 7#d7 ,the ,secretary of ,transportation4 7#e7 ,the ,general ,manager of the ,authority4 7#f7 #a member of the ,national ,academy for ,public ,administration contracted under section #djb of this ,act4 7#g7 #h ,members of the ,house of ,representatives appointed by the ,speaker of the ,house1 #e of which shall be from the majority1 and #c of which shall be from the minority4 7#h7 #c ,members of the ,senate appointed by the majority leader1 #b of which shall be from the majority1 and #a of which shall be from the minority4 7d7 ,designees ,any member of the ,commission may select an individual to serve as a designee on the ,commission4 7e7 ,chair ,the ,chair shall be named by the ,speaker of the ,house of ,representatives4 7f7 ,meetings 7#a7 ,frequency ,the ,commission shall meet subject to the call of the ,chair4 7#b7 ,outside participants ,the members of the ,commission may vote with not less than #aj votes to invite outside guests1 including stakeholders1 subject matter experts1 community leaders1 elected officials1 representatives of the business community1 or other relevant entities to their meetings to provide counsel or briefings4 7#c7 ,location ,the ,chair shall name the time and place of meetings1 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 space4 7g7 ,duties ,the ,governors of ,maryland and ,virginia1 and the ,mayor of the ,district of ,columbia 7referred to in this section as the executives7 jointly shall develop a document to reflect specific amendments1 deletions1 additions1 or edits to the previous interstate ,compact which governed the ,authority4 ,the executives shall provide1 to the best of their ability1 such document to the other members of the ,commission upon request1 but at least as often as the ,commission convenes4 ,upon agreement among the ,signatories of a new interstate ,compact1 the executives shall provide a final version of this document to the members of the ,commission4 7h7 ,terms of service ,the members of the ,commission shall serve as long as the ,commission is authorized4 ,if no amendments to the ,compact are agreed upon before the political term of a ,commission member expires1 or that ,commission member is defeated in a political election1 or is removed from office for any reason1 his or her successor to such political office shall serve on the ,commission4 7i7 ,compensation ,the members of the ,commission shall serve in addition to their regular professional duties and obligations1 and shall not receive compensation for membership on1 or participation with1 the ,commission4 7j7 ,gifts ,except as provided in subsection 7f77#c7 of this section1 the ,commission members may not accept1 use1 or dispose of gifts1 including donations1 services1 property1 or tangible goods4 7k7 ,termination ,the ,commission shall be terminated after the ,signatories negotiate amendments to the ,compact1 adopt such amendments1 and the ,congress approves such amendments4 #dje4 ,national capital area interest arbitration standards ,sections #ahcja through #ahcjd of chapter #ahc of title #dj1 ,united ,states ,code1 are amended to read as follows3 #ahcja4 ,findings and purposes 7a7 ,findings ,congress finds that-- 7#a7 safe1 reliable1 and affordable public transportation at sufficient levels is essential to the economic vitality of the national capital area and is an essential component of regional efforts to improve air quality to meet environmental requirements and to improve the health of both residents of and visitors to the national capital area as well as to preserve the beauty and dignity of the ,nation's capital2 7#b7 use of mass transit by both residents of and visitors to the national capital area is substantially affected by the prices charged for mass transit services1 prices that are substantially affected by labor costs1 since more than #gj percent of operating costs are attributable to labor costs2 7#c7 labor costs incurred in providing mass transit in the national capital area have increased at an alarming rate and are unsustainable in light of the financial condition of interstate ,compact agencies providing mass transit services in the national capital area2 7#d7 higher operating costs incurred for public transit in the national capital area cannot be offset by increasing costs to patrons1 since this often discourages ridership and thus undermines the public interest in promoting the use of public transit2 7#e7 higher operating costs incurred for public transit in the national capital area cannot be offset by service cuts since this undermines the public interest in promoting the use of public transit and could impact public safety2 7#f7 spiraling labor costs cannot be offset by the governmental entities that are responsible for subsidy payments for public transit services since local governments face other substantial financial obligations2 7#g7 labor costs cannot be increased during periods of time when an interstate ,compact agency operating in the national capital area providing public transportation is financially stressed taking into account operating costs1 legacy benefit obligations1 capital needs1 and reserve levels2 7#h7 imposition of mandatory standards applicable to arbitrators resolving arbitration disputes involving interstate ,compact agencies operating in the national capital area will ensure that wages1 benefits1 and other terms and conditions of employment1 including work rules1 are justified and do not adversely impact the ability of the interstate ,compact agencies to provide affordable1 safe1 and reliable public transit services at levels sufficient to serve the needs of the ,washington metropolitan area2 7#i7 ,federal legislation is required to ensure that interest arbitration decisions do not adversely impact the ability of interstate ,compact agencies operating in the national capital area to emerge from periods of financial stress and avoid future periods of financial stress2 and 7#aj7 ,federal legislation is necessary under section #h of article ,i of the ,constitution to balance the need to moderate and lower labor costs while maintaining labor peace4 7b7 ,purpose ,the purpose of this chapter is to adopt standards governing arbitration that arbitrators must apply exclusively in resolving disputes involving interstate ,compact agencies operating in the national capital area in order to lower operating costs and facilitate the provision of safe1 reliable1 and affordable public transit services at sufficient levels in the ,washington metropolitan area4 #ahcjb4 ,definitions ,in this chapter1 the following definitions apply3 7#a7 ,arbitration ,the term arbitration-- 7,a7 means the arbitration of disputes1 regarding the terms and conditions of employment1 that is required under an interstate ,compact governing an interstate ,compact agency operating in the national capital area2 but 7,b7 does not include the interpretation and application of rights arising from an existing collective bargaining agreement4 7#b7 ,arbitrator ,the term arbitrator refers to either a single arbitrator1 or a board of arbitrators1 chosen under applicable procedures4 7#c7 ,interstate compact agency operating in the national capital area ,the term interstate ,compact agency operating in the national capital area means any interstate ,compact agency that provides public transit services and that was established by an interstate ,compact to which the ,district of ,columbia is a signatory4 7#d7 ,financial stress ,the term financial stress means that at least #b of the following #c financial issues are affecting an interstate ,compact agency operating in the national capital area3 7,a7 ,the interstate ,compact agency's ratio of operating revenues 7excluding any subsidy payment or budgetary assistance7 to operating expenses 7as measured on the last date of each fiscal year7 has decreased in the aggregate over the preceding #b-year period4 7,b7 ,the interstate ,compact agency has taken at least one of the following measures during the preceding #b-year period3 7i7 ,reduced service4 7ii7 ,increased fares4 7iii7 ,diverted capital funds to pay for operating expenses during a period in which the interstate ,compact agency's ratio of capital backlog to system value is greater than the average ratio of capital backlog to system value for other ,united ,states transit systems4 7,c7 ,it is not reasonably foreseeable that the interstate ,compact agency will be in a state of good repair within the following #b years as determined by the ,federal ,transit ,administration's ,transit ,economic ,requirements ,model or any other alternative model that the ,federal ,transit ,administration may utilize in the future4 #ahcjc4 ,standards for arbitrators 7a7 ,definition ,in this section1 the term public welfare means1 with respect to arbitration under an interstate ,compact-- 7#a7 the ability of the interstate ,compact agency to finance wages and benefits resulting from an arbitrator's award consistent with its projected operating and capital budgets during the term of such award without adversely impacting the agency's ability to provide safe1 reliable1 and affordable public transportation at sufficient levels2 7#b7 the ability of the interstate ,compact agency to finance wages and benefits resulting from an arbitrator's award as set forth in subsection 7c72 and 7#c7 the continuity and stability of interstate ,compact agency operations to the effect that such operations are not detrimental to any facet of the regional economy or to the ability of employees of the ,federal1 ,state1 or local governments to conduct business4 7b7 ,factors in making arbitration award ,an arbitrator rendering an arbitration award involving the employees of an interstate ,compact agency operating in the national capital area must exclusively consider the following factors1 in addition to the factors prescribed in subsection 7c73 7#a7 ,the existing wages1 benefits1 and terms and conditions of employment of the employees in the bargaining unit except that structural changes should be awarded to the benefit of an interstate ,compact agency operating in the national capital area where such changes are consistent with the public welfare4 7#b7 ,the reasonably available and ongoing financial resources of the interstate ,compact agency1 taking into account the liabilities and obligations 7including capital needs1 legacy benefit obligations1 and reserve levels7 of the interstate ,compact agency1 based on the agency's budget for the current year and its projected budget for the next #aj years4 7#c7 ,the annual increase or decrease in consumer prices for goods and services as reflected in the most recent ,consumer ,price ,index for the ,washington-,baltimore1 ,,dc-,,md-,,va-,,wv ,consolidated ,metropolitan ,statistical ,area1 published by the ,bureau of ,labor ,statistics4 7#d7 ,the wages1 benefits1 and terms and conditions of the employment of other employees in the ,district of ,columbia1 ,maryland1 and ,virginia whose positions require qualifications and skills similar to those required by employees in the bargaining unit except that an arbitrator rendering an arbitration award involving the employees of an interstate ,compact agency operating in the national capital area may not consider the wages1 benefits1 and terms and conditions of employment of employees working outside of the ,district of ,columbia1 ,maryland1 and ,virginia4 7#e7 ,the wages1 benefits1 and terms and conditions of employment applicable to other employees of the interstate ,compact agency taking into account the special nature of the work performed by the employees in the bargaining unit1 including any hazards or the relative ease of employment1 physical requirements1 educational qualifications1 job training and skills1 shift assignments1 and the demands placed upon the employees as compared to only other employees of the same interstate ,compact agency4 7#f7 ,the interests and welfare of the employees in the bargaining unit1 including-- 7,a7 the overall compensation presently received by the employees1 having regard not only for wage rates but also for wages for time not worked1 including vacations1 holidays1 and other excused absences2 7,b7 all benefits received by the employees1 including previous bonuses1 insurance1 and pensions2 and 7,c7 the continuity and stability of employment1 such that the arbitrator shall not issue an award increasing wages or benefits where the interstate ,compact agency operating in the national capital area can show that such recommended increases could result in headcount reductions4 7#g7 ,the public welfare4 7c7 ,ability ,to finance wages and benefits provided in award ,an arbitrator rendering an arbitration award involving the employees of an interstate ,compact agency operating in the national capital area shall not1 with respect to a collective bargaining agreement governing conditions of employment1 provide for wages or other benefits that exceed the reasonable and ongoing ability of the interstate ,compact agency operating in the national capital area to obtain the necessary financial resources to pay for wage and benefit increases for employees of the interstate ,compact agency while providing safe1 reliable1 and affordable transit services at levels sufficient to serve the needs of the ,washington metropolitan area4 ,the following conditions shall be met to comply with this subsection3 7#a7 ,an arbitrator's award shall not provide for wages and benefits that will result in an annual increase in operating subsidy of more than #a4e percent inclusive of both labor and nonlabor-related operating costs1 unless there is substantial evidence that the interstate ,compact agency is able to finance the additional costs consistent with its budget and projected budgeted costs without adversely impacting the agency's ability to provide safe1 reliable1 and affordable public transportation at sufficient levels4 7#b7 ,during those periods of time when an interstate ,compact agency operating in the national capital area is financially stressed1 the arbitrator shall issue an award that either reduces or does not increase the interstate ,compact agency's personnel costs4 7#c7 ,the arbitrator's award must give substantial deference to the evidence presented by the interstate ,compact agency's management regarding financial issues4 7#d7 ,the arbitrator's award may not cause the interstate ,compact agency operating in the national capital area to be in noncompliance with any other legal obligations4 7d7 ,clarification ,an arbitrator rendering an arbitration award involving the employees of an interstate ,compact agency operating in the national capital area shall consider the factors in subsection 7b7 independently from the factors in subsection 7c74 7e7 ,requirements for final award 7#a7 ,written award ,in resolving a dispute submitted to arbitration involving the employees of an interstate ,compact agency operating in the national capital area1 the arbitrator shall issue a written award that demonstrates that all the factors set forth in subsections 7b7 and 7c7 have been considered and applied and that the arbitrator has not considered and applied any other factors4 7#b7 ,prerequisites ,an award may grant an increase in pay rates or benefits 7including insurance and pension benefits71 or reduce hours of work1 only if the arbitrator concludes that any costs to the agency do not adversely affect the public welfare4 7#c7 ,substantial evidence ,the arbitrator's conclusion regarding the public welfare must be supported by substantial evidence4 7f7 ,compliance with section #eccc7;b7 of title #di1 ,united ,states ,code 7#a7 ,clarification ,neither the existence of this statute1 nor any arbitrator's award issues pursuant to this law1 shall be deemed to violate the requirements of section #eccc7;b7 of title #di1 ,united ,states ,code4 7#b7 ,prohibition on denial ,for the avoidance of doubt1 the ,department of ,labor or the ,department of ,transportation shall not deny any certification of compliance with section #eccc7;b7 of title #di1 ,united ,states ,code1 and an interstate ,compact agency operating in the national capital area shall not be denied any ,federal grant as a result of this statute or any arbitrator's award issued pursuant to this statute4 #ahcjd4 ,procedures for enforcement of awards 7a7 ,modifications and finality of award ,within #aj days after the parties receive an arbitration award to which section #ahcjc of this title applies1 the interstate ,compact agency and the employees1 through their representative1 may agree in writing on any modifications to the award4 ,after the end of that #aj-;day period1 the award1 and any modifications1 become binding on the interstate ,compact agency1 the employees in the bargaining unit1 and the employees' representative4 7b7 ,implementation ,each party to an award that becomes binding under subsection 7a7 shall take all actions necessary to implement the award4 7c7 ,judicial review ,within #fj days after an award becomes binding under subsection 7a71 the interstate ,compact agency or the exclusive representative of the employees concerned may bring a civil action in a court that has jurisdiction over the interstate ,compact agency for review of the award4 ,the court shall review the award on the record1 and shall vacate the award or any part of the award1 after notice and a hearing1 if-- 7#a7 the award is in violation of applicable law2 7#b7 the arbitrator exceeded the arbitrator's powers2 7#c7 the decision by the arbitrator is arbitrary or capricious2 7#d7 the arbitrator conducted the hearing contrary to the provisions of this chapter or other laws or rules that apply to the arbitration so as to substantially prejudice the rights of a party2 7#e7 there was partiality or misconduct by the arbitrator prejudicing the rights of a party2 7#f7 the award was procured by corruption1 fraud1 or bias on the part of the arbitrator2 or 7#g7 the arbitrator did not comply with the provisions of section #ahcjc of this title4 4