[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 354 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 354
To reauthorize funding to the Washington Metropolitan Area Transit
Authority contingent on improvements to the governance and operations
of the Transit Authority.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 22, 2021
Mr. Warner (for himself, Mr. Kaine, Mr. Cardin, and Mr. Van Hollen)
introduced the following bill; which was read twice and referred to the
Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To reauthorize funding to the Washington Metropolitan Area Transit
Authority contingent on improvements to the governance and operations
of the Transit Authority.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Metro Safety,
Accountability, and Investment Act of 2021''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Reauthorization of capital and preventive maintenance grants to
Washington Metropolitan Area Transit
Authority.
Sec. 4. Additional funds for Washington Metropolitan Area Transit
Authority.
Sec. 5. Reforms to Office of Inspector General.
Sec. 6. Jeanice McMillan Washington Metropolitan Area Transit Authority
Track Safety Task Force.
Sec. 7. Keith Dodson Washington Metropolitan Area Transit Authority Bus
Safety Task Force.
Sec. 8. Capital program and planning.
Sec. 9. Cybersecurity protections in future rolling stock procurements.
Sec. 10. Sense of Congress.
Sec. 11. Additional reporting.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``Board'' means the Board of Directors of the
Transit Authority;
(2) the term ``Compact'' means the Washington Metropolitan
Area Transit Authority Compact consented to by Congress under
Public Law 89-774 (80 Stat. 1324);
(3) the term ``covered recipient'' means--
(A)(i) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(ii) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(iii) the Committee on Transportation and
Infrastructure of the House of Representatives; and
(iv) the Committee on Oversight and Reform of the
House of Representatives;
(B)(i) the Governor of Maryland;
(ii) the President of the Maryland Senate; and
(iii) the Speaker of the Maryland House of
Delegates;
(C)(i) the Governor of Virginia;
(ii) the President of the Virginia Senate; and
(iii) the Speaker of the Virginia House of
Delegates;
(D)(i) the Mayor of the District of Columbia; and
(ii) the Chairman of the Council of the District of
Columbia; and
(E) the Chairman of the Northern Virginia
Transportation Commission;
(4) the terms ``Inspector General'' and ``Office of
Inspector General'' mean the Inspector General and the Office
of Inspector General, respectively, of the Transit Authority;
(5) the term ``Secretary'' means the Secretary of
Transportation; and
(6) the term ``Transit Authority'' means the Washington
Metropolitan Area Transit Authority established under Article
III of the Compact.
SEC. 3. REAUTHORIZATION OF CAPITAL AND PREVENTIVE MAINTENANCE GRANTS TO
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY.
Section 601(f) of the Passenger Rail Investment and Improvement Act
of 2008 (division B of Public Law 110-432; 122 Stat. 4968) is amended--
(1) by striking ``under this section an aggregate amount''
and inserting the following: ``under this section--
``(2) an aggregate amount''; and
(2) by striking the period at the end and inserting the
following: ``; and
``(2) $150,000,000 for each of fiscal years 2021 through
2030.''.
SEC. 4. ADDITIONAL FUNDS FOR WASHINGTON METROPOLITAN AREA TRANSIT
AUTHORITY.
Title VI of the Passenger Rail Investment and Improvement Act of
2008 (division B of Public Law 110-432; 122 Stat. 4968) is amended by
adding at the end the following:
``SEC. 602. ADDITIONAL FUNDING FOR CAPITAL AND PREVENTIVE MAINTENANCE
PROJECTS AND FOR INSPECTOR GENERAL.
``(a) Definitions.--In this section--
``(1) the term `Secretary' means the Secretary of
Transportation; and
``(2) the term `Transit Authority' has the meaning given
the term in section 601(a).
``(b) Authorization.--In addition to the amounts authorized to be
appropriated under section 601, there are authorized to be appropriated
to the Secretary of Transportation $50,000,000 for each of fiscal years
2021 through 2030 for use under subsections (c) and (d) of this
section.
``(c) Funding for Capital and Preventive Maintenance Projects.--
``(1) In general.--Subject to subsection (e), of the
amounts authorized to be appropriated for a fiscal year under
subsection (b), the Secretary of Transportation may use
$45,000,000 for grants to the Transit Authority for the purpose
of financing the capital and preventive maintenance projects
included in the Capital Improvement Program approved by the
Board of Directors of the Transit Authority.
``(2) Applicability of other provisions.--
``(A) Limitations and conditions.--Paragraphs (1)
and (3) of section 601(b) shall apply to a grant made
under this subsection.
``(B) Requirements for mass transportation capital
projects receiving funds under federal transportation
law.--Section 601(c) shall apply to the use of any
amounts provided to the Transit Authority under this
subsection.
``(d) Funding for Office of Inspector General of the Washington
Metropolitan Area Transit Authority.--Subject to subsection (e), of the
amounts authorized to be appropriated for a fiscal year under
subsection (b), the Secretary of Transportation shall use $5,000,000
for grants to the Transit Authority for use exclusively by the Office
of Inspector General of the Transit Authority for the operations of the
Office in accordance with Section 9 of Article III of the Compact, to
remain available until expended.
``(e) Matching Inspector General Funds Required From Transit
Authority.--The Secretary may not provide any amounts to the Transit
Authority for a fiscal year under subsection (c) or (d) until the
Transit Authority notifies the Secretary that the Transit Authority has
made available $5,000,000 in non-Federal funds for that fiscal year for
use exclusively by the Office of Inspector General of the Transit
Authority for the operations of the Office in accordance with Section 9
of Article III of the Compact.''.
SEC. 5. REFORMS TO OFFICE OF INSPECTOR GENERAL.
(a) Sense of Congress.--Congress recognizes the importance of the
Transit Authority having a strong and independent Office of Inspector
General, as codified in subsections (a) and (d) of Section 9 of Article
III of the Compact.
(b) Reforms.--The Secretary may not provide any amounts to the
Transit Authority under section 602(c) of the Passenger Rail Investment
and Improvement Act of 2008 (division B of Public Law 110-432; 122
Stat. 4968), as added by section 4, until the Secretary certifies that
the Board has passed a resolution that--
(1) provides that, for each fiscal year, the Office of
Inspector General shall transmit a budget estimate and request
to the Board specifying the aggregate amount of funds requested
for the fiscal year for the operations of the Office;
(2) delegates to the Inspector General, to the extent
possible under the Compact and in accordance with each
applicable Federal law or regulation, contracting officer
authority, subject to the requirement that the Inspector
General exercise that authority--
(A) in accordance with Section 73 of Article XVI of
the Compact, after working with the Transit Authority
to amend procurement policies and procedures to give
the Inspector General approving authority for
exceptions to those policies and procedures; and
(B) only as is necessary to carry out the duties of
the Office of Inspector General;
(3) delegates to the Inspector General, to the extent
possible under the Compact and in accordance with each
applicable Federal law or regulation--
(A) the authority to select, appoint, and employ
such officers and employees as may be necessary for
carrying out the duties of the Office of Inspector
General, subject to the requirement that the Inspector
General exercise that authority in accordance with--
(i) subsections (g) and (h) of Section 12
of Article V of the Compact; and
(ii) personnel policies and procedures of
the Transit Authority; and
(B) approving authority, subject to the approval of
the Board, for exceptions to policies that impact the
independence of the Office of Inspector General, but
those exceptions may not include the use of employee
benefits and pension plans other than the employee
benefits and pension plans of the Transit Authority;
(4)(A) ensures that the Inspector General obtains legal
advice from a counsel reporting directly to the Inspector
General; and
(B) prohibits the counsel described in subparagraph (A)
from--
(i) providing legal advice for or on behalf of the
Transit Authority;
(ii) issuing a legal opinion on behalf of the
Transit Authority or making a statement about a legal
position of the Transit Authority; or
(iii) waiving any privilege or protection from
disclosure on any matter under the jurisdiction of the
Transit Authority; and
(5) requires the Inspector General to--
(A) post any report containing a recommendation for
corrective action to the website of the Office of
Inspector General not later than 3 days after the
report is submitted in final form to the Board, except
that--
(i) the Inspector General shall, if
required by law or otherwise appropriate,
redact--
(I) personally identifiable
information;
(II) legally privileged
information;
(III) information legally
prohibited from disclosure; and
(IV) information that, in the
determination of the Inspector General,
would pose a security risk to the
systems of the Transit Authority; and
(ii) with respect to any investigative
findings in a case involving administrative
misconduct, whether included in a
recommendation or otherwise, the Inspector
General shall publish only a summary of the
findings, which summary shall be redacted in
accordance with the procedures set forth in
clause (i);
(B) submit a semiannual report containing
recommendations of corrective action to the Board,
which the Board shall transmit not later than 30 days
after receipt of the report, together with any comments
the Board determines appropriate, to--
(i) each covered recipient described in
section 2(3)(A);
(ii) the Committee on Appropriations of the
Senate;
(iii) the Committee on Appropriations of
the House of Representatives; and
(iv) any other recipients that the Board
determines appropriate; and
(C) not later than 2 years after the date of
enactment of this Act and 5 years after the date of
enactment of this Act, submit to each covered recipient
a report that--
(i) describes the implementation by the
Transit Authority of the reforms required
under, and the use by the Transit Authority of
the funding authorized under--
(I) chapter 34 of title 33.2 of the
Code of Virginia;
(II) section 10-205 of the
Transportation Article of the Code of
Maryland; and
(III) section 6002 of the Dedicated
WMATA Funding and Tax Changes Affecting
Real Property and Sales Amendment Act
of 2018 (1-325.401, D.C. Official
Code); and
(ii) contains--
(I) an assessment of the effective
use of the funding described in clause
(i) to address major capital
improvement projects;
(II) a discussion of compliance
with strategic plan deadlines;
(III) an examination of compliance
with the reform requirements under the
laws described in clause (i), including
identifying any challenges to
compliance or implementation; and
(IV) recommendations to the Transit
Authority to improve implementation.
SEC. 6. JEANICE MCMILLAN WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY
TRACK SAFETY TASK FORCE.
(a) Definitions.--In this section--
(1) the term ``on-track safety program'' means the on-track
safety program of the Transit Authority; and
(2) the term ``Task Force'' means the Jeanice McMillan
Washington Metropolitan Area Transit Authority Track Safety
Task Force required to be established under subsection (b).
(b) Funding Contingent on Establishment of Track Safety Task
Force.--The Secretary may not provide any amounts to the Transit
Authority under section 602(c) of the Passenger Rail Investment and
Improvement Act of 2008 (division B of Public Law 110-432; 122 Stat.
4968), as added by section 4, until the Transit Authority notifies the
Secretary that the Transit Authority has taken action to establish and
maintain a safety task force for the development of on-track safety
standards for the Transit Authority, to be known as the ``Jeanice
McMillan Washington Metropolitan Area Transit Authority Track Safety
Task Force'', in accordance with this section.
(c) Duties.--The Task force shall be responsible for reviewing the
on-track safety program of the Transit Authority, including--
(1) training and qualifications of employees of the Transit
Authority affected by the program;
(2) appropriate procedures for protecting employees of the
Transit Authority engaged in work along the track right-of-way,
including good faith challenge procedures;
(3) instructions to train operators;
(4) relevant rules of the Transit Authority;
(5) third rail safety;
(6) illuminations; and
(7) any additional related safety matters.
(d) Standards.--The Task Force shall conduct the review under
subsection (c) in accordance with--
(1) the best principles and practices found in Safety
Management Systems and High Reliability Organizations
identified in the report of the Transit Rail Advisory Committee
entitled ``Implementing Safety Management System Principles in
Rail Transit Agencies'', dated May 20, 2011; and
(2) recommendations detailing how processes, practices,
tasks, and individual employee responsibilities can support a
strong safety culture, as reported in the report of the Transit
Rail Advisory Committee entitled ``Building Toward a Strong
Safety Culture Within the Bus and Rail Transit Industry'',
dated February 27, 2017.
(e) Membership.--
(1) In general.--The Task Force shall be composed of 3
members as follows:
(A) The Chief Safety Officer of the Transit
Authority (or a designee).
(B) The Chief Operating Officer of the Transit
Authority (or a designee).
(C) The President of Amalgamated Transit Union,
Local 689 (or a designee).
(2) Chair.--The Chief Safety Officer of the Transit
Authority (or a designee) shall be the Chair of the Task Force.
(3) Meetings.--The Task Force shall meet at the call of the
Chair, but not less frequently than quarterly. Any member of
the Task Force may call a meeting of the Task Force if the
member provides not fewer than 10 days written notice of the
meeting to the other members.
(4) Compensation; expenses.--The members of the Task Force
shall receive no salary or other compensation for their
services, but shall be entitled to reimbursement for actual and
necessary expenses incurred in the performance of their duties.
(f) On-Track Safety Program.--
(1) Reports.--Not later than 1 year after the date of
enactment of this Act, the Task Force shall issue one or more
reports setting forth the recommendations of the Task Force
with respect to the on-track safety program.
(2) Submission.--The Task Force shall submit each report
issued under this subsection to each covered recipient.
(3) Implementation of material modifications.--
(A) In general.--Not later than 5 business days
before implementing any material modification to the
on-track safety program, the Transit Authority shall
provide written notice of the material modification to
the Task Force.
(B) Review.--The Task Force shall review any
material modification to the on-track safety program at
the first meeting of the Task Force after receiving
written notice of a material modification under
subparagraph (A).
(C) Limitation on statutory construction.--Nothing
in this paragraph may be construed to preclude or limit
the right of the Transit Authority to implement a
modification to the on-track safety program that the
Transit Authority determines is appropriate to enhance
the safety of employees, customers, or third parties.
SEC. 7. KEITH DODSON WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY BUS
SAFETY TASK FORCE.
(a) Definitions.--In this section--
(1) the term ``bus safety program'' means the bus safety
program of the Transit Authority; and
(2) the term ``Task Force'' means the Keith Dodson
Washington Metropolitan Area Transit Authority Bus Safety Task
Force required to be established under subsection (b).
(b) Funding Contingent on Establishment of Bus Safety Task Force.--
The Secretary may not provide any amounts to the Transit Authority
under section 602(c) of the Passenger Rail Investment and Improvement
Act of 2008 (division B of Public Law 110-432; 122 Stat. 4968), as
added by section 4, until the Transit Authority notifies the Secretary
that the Transit Authority has taken action to establish and maintain a
safety task force for the development of bus safety standards for the
Transit Authority, to be known as the ``Keith Dodson Washington
Metropolitan Area Transit Authority Bus Safety Task Force'', in
accordance with this section.
(c) Duties.--The Task Force shall be responsible for reviewing the
bus safety program of the Transit Authority, including--
(1) training and qualifications of employees of the Transit
Authority affected by the program;
(2) appropriate procedures for protecting employees of the
Transit Authority engaged in bus operations;
(3) instructions to bus operators;
(4) relevant rules of the Transit Authority; and
(5) strategies to eliminate or minimize the exposure of the
public, personnel, and property to hazards and unsafe
conditions by, among other measures--
(A) scheduling fixed route bus service with
adequate time and access for operators to use restroom
facilities;
(B) protecting bus operators from the risk of
assault;
(C) eliminating blind spots; and
(D) any additional related safety matters.
(d) Membership.--
(1) In general.--The Task Force shall be composed of 3
members as follows:
(A) The Chief Safety Officer of the Transit
Authority (or a designee).
(B) The Chief Operating Officer of the Transit
Authority (or a designee).
(C) The President of Amalgamated Transit Union,
Local 689 (or a designee).
(2) Chair.--The Chief Safety Officer of the Transit
Authority (or a designee) shall be the Chair of the Task Force.
(3) Meetings.--The Task Force shall meet at the call of the
Chair, but not less frequently than quarterly. Any member of
the Task Force may call a meeting of the Task Force if the
member provides not fewer than 10 days written notice of the
meeting to the other members.
(4) Compensation; expenses.--The members of the Task Force
shall receive no salary or other compensation for their
services, but shall be entitled to reimbursement for actual and
necessary expenses incurred in the performance of their duties.
(e) Bus Safety Program.--
(1) Reports.--Not later than 1 year after the date of
enactment of this Act, the Task Force shall issue one or more
reports setting forth the recommendations of the Task Force
with respect to the bus safety program.
(2) Submission.--The Task Force shall submit each report
issued under this subsection to each covered recipient.
(3) Implementation of material modifications.--
(A) In general.--Prior to the implementation of any
material modification to the bus safety program, the
Transit Authority shall provide written notice of the
material modification to the Task Force.
(B) Review.--The Task Force shall review any
material modification to the bus safety program at the
first meeting of the Task Force after receiving written
notice of the material modification under subparagraph
(A).
(C) Limitation on statutory construction.--Nothing
in this paragraph may be construed to preclude or limit
the right of the Transit Authority to implement a
modification to the bus safety program that the Transit
Authority determines is appropriate to enhance the
safety of employees, customers, or third parties.
SEC. 8. CAPITAL PROGRAM AND PLANNING.
(a) Capital Planning Procedures.--The Transit Authority may not
expend any amounts received under section 602(c) of the Passenger Rail
Investment and Improvement Act of 2008 (division B of Public Law 110-
432; 122 Stat. 4968), as added by section 4, until the General Manager
of the Transit Authority certifies to the Secretary that the Transit
Authority has implemented--
(1) documented policies and procedures for the capital
planning process that include--
(A) a process that aligns projects to the strategic
goals of the Transit Authority; and
(B) a process to develop total project costs and
alternatives for all major capital projects, as defined
in section 633.5 of title 49, Code of Federal
Regulations, or any successor regulation;
(2) a transit asset management planning process that
includes--
(A) asset inventory and condition assessment
procedures; and
(B) procedures to develop a data set of track,
guideway, and infrastructure systems, including
tunnels, bridges, and communications assets, that
complies with the transit asset management regulations
of the Secretary under part 625 of title 49, Code of
Federal Regulations (or any successor regulation); and
(3) performance measures, aligned with the strategic goals
of the Transit Authority, to assess the effectiveness and
outcomes of major capital projects.
(b) Annual Report.--As a condition of receiving amounts under
section 602(c) of the Passenger Rail Investment and Improvement Act of
2008 (division B of Public Law 110-432; 122 Stat. 4968), as added by
section 4, the Transit Authority shall submit an annual report
detailing the Transit Authority's Capital Improvement Program approved
by the Board of Directors of the Transit Authority and compliance with
the transit asset management regulations of the Secretary under part
625 of title 49, Code of Federal Regulations (or any successor
regulation), to--
(1) each covered recipient;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Appropriations of the House of
Representatives; and
(4) any other recipient that the Board determines
appropriate.
SEC. 9. CYBERSECURITY PROTECTIONS IN FUTURE ROLLING STOCK PROCUREMENTS.
(a) Limitation on Certain Rolling Stock Procurements.--
(1) In general.--The Transit Authority may not use
financial assistance made available under this Act or an
amendment made by this Act in awarding a contract or
subcontract to an entity on or after the date of enactment of
this Act for the procurement of rail rolling stock for use in
the public transportation system operated by the Transit
Authority if the manufacturer of the rail rolling stock is
owned or controlled by, is a subsidiary of, or is otherwise
related legally or financially to a corporation based in a
country that--
(A) is identified as a nonmarket economy country
(as defined in section 771(18) of the Tariff Act of
1930 (19 U.S.C. 1677(18))) as of the date of enactment
of this Act;
(B) was identified by the United States Trade
Representative in the most recent report required by
section 182 of the Trade Act of 1974 (19 U.S.C. 2242)
as a priority foreign country under subsection (a)(2)
of that section; and
(C) is subject to monitoring by the Trade
Representative under section 306 of the Trade Act of
1974 (19 U.S.C. 2416).
(2) Exception.--For purposes of paragraph (1), the term
``otherwise related legally or financially'' does not include a
minority relationship or investment.
(3) International agreements.--This subsection shall be
applied in a manner consistent with the obligations of the
United States under international agreements.
(4) Certification for rail rolling stock.--
(A) In general.--As a condition of financial
assistance made available to the Transit Authority in a
fiscal year under this Act or an amendment made by this
Act, the Transit Authority shall certify in that fiscal
year that the Transit Authority will not award any
contract or subcontract for the procurement of rail
rolling stock for use in the public transportation
system operated by the Transit Authority to a rail
rolling stock manufacturer described in paragraph (1).
(B) Separate certification.--The certification
required under this paragraph shall be in addition to
any certification the Secretary establishes to ensure
compliance with the requirements of paragraph (1).
(b) Cybersecurity Certification for Rail Rolling Stock and
Operations.--
(1) Certification.--As a condition of financial assistance
made available to the Transit Authority under this Act or an
amendment made by this Act, the Transit Authority shall certify
that the Transit Authority has established a process to
develop, maintain, and execute a written plan for identifying
and reducing cybersecurity risks to the rail fixed guideway
public transportation system operated by the Transit Authority.
(2) Compliance.--For the process required under paragraph
(1), the Transit Authority shall--
(A) utilize the approach described by the voluntary
standards and best practices developed under section
2(c)(15) of the National Institute of Standards and
Technology Act (15 U.S.C. 272(c)(15)), as applicable;
(B) identify hardware and software that the Transit
Authority determines should undergo third-party testing
and analysis to mitigate cybersecurity risks, such as
hardware or software for rail rolling stock under
proposed procurements; and
(C) utilize the approach described in any voluntary
standards and best practices for rail fixed guideway
public transportation systems developed under the
authority of the Secretary of Homeland Security, as
applicable.
(3) Limitations on statutory construction.--Nothing in this
subsection shall be construed to interfere with the authority
of--
(A) the Secretary of Homeland Security to publish
or ensure compliance with requirements or standards
concerning cybersecurity for rail fixed guideway public
transportation systems; or
(B) the Secretary of Transportation under section
5329 of title 49, United States Code, to address
cybersecurity issues as those issues relate to the
safety of rail fixed guideway public transportation
systems.
SEC. 10. SENSE OF CONGRESS.
(a) Participation by Alternate Directors.--It is the sense of
Congress that Congress strongly advises the Board not to use its
authority to adopt annual bylaws to willfully disregard Section 5 of
Article III of the Compact with respect to an alternate Director acting
only in the absence of the Director for whom he or she has been
appointed as an alternate.
(b) Continued Prioritization of Secure Technological
Improvements.--It is the sense of Congress that the Transit Authority
should--
(1) continue to prioritize the implementation of new
technological systems that include robust cybersecurity
protections; and
(2) prioritize continued integration of new wireless
services and emergency communications networks, while also
leveraging partnerships with mobility services to improve the
competitiveness of the core business.
SEC. 11. ADDITIONAL REPORTING.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to the congressional committees described in subsection (b) a report
that--
(1) assesses whether the reforms required under section 5
(relating to strengthening the independence of the Office of
Inspector General) have been implemented; and
(2) assesses--
(A) whether the reforms required under section 8
have been implemented; and
(B) the impact of those reforms on the capital
planning process of the Transit Authority.
(b) Congressional Committees.--The congressional committees
described in this subsection are--
(1) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(3) the Committee on Transportation and Infrastructure of
the House of Representatives; and
(4) the Committee on Oversight and Reform of the House of
Representatives.
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