Metro Safety, Accountability, and Investment Act of 2019

II 116TH CONGRESS 1ST SESSION S. 1663 To reauthorize funding to the Washington Metropolitan Area Transit Author- ity contingent on improvements to the governance and operations of the Transit Authority. IN THE SENATE OF THE UNITED STATES MAY 23 (legislative day, MAY 22), 2019 Mr. WARNER (for himself, Mr. CARDIN, Mr. KAINE, 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Metro Safety, Accountability, and Investment Act of 5 2019’’. 6 (b) TABLE OF CONTENTS.—The table of contents for 7 this Act is as follows: 8 Sec. 1. Short title; table of contents. VerDate Sep 11 2014 05:26 Jun 04, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S1663.IS S1663 kjohnson on DSK79L0C42 with BILLS 2 •S 1663 IS Sec. 2. Definitions. Sec. 3. Reauthorization of capital and preventive maintenance grants to Wash- ington 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. 1 In this Act— 2 (1) the term ‘‘Board’’ means the Board of Di- 3 rectors of the Transit Authority; 4 (2) the term ‘‘Compact’’ means the Washington 5 Metropolitan Area Transit Authority Compact con- 6 sented to by Congress under Public Law 89–774 (80 7 Stat. 1324); 8 (3) the term ‘‘covered recipient’’ means— 9 (A)(i) the Committee on Banking, Hous- 10 ing, and Urban Affairs of the Senate; 11 (ii) the Committee on Homeland Security 12 and Governmental Affairs of the Senate; 13 (iii) the Committee on Transportation and 14 Infrastructure of the House of Representatives; 15 and 16 (iv) the Committee on Oversight and Re- 17 form of the House of Representatives; 18 (B)(i) the Governor of Maryland; 19 VerDate Sep 11 2014 05:26 Jun 04, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1663.IS S1663 kjohnson on DSK79L0C42 with BILLS 3 •S 1663 IS (ii) the President of the Maryland Senate; 1 and 2 (iii) the Speaker of the Maryland House of 3 Delegates; 4 (C)(i) the Governor of Virginia; 5 (ii) the President of the Virginia Senate; 6 and 7 (iii) the Speaker of the Virginia House of 8 Delegates; 9 (D)(i) the Mayor of the District of Colum- 10 bia; and 11 (ii) the Chairman of the Council of the 12 District of Columbia; and 13 (E) the Chairman of the Northern Virginia 14 Transportation Commission; 15 (4) the terms ‘‘Inspector General’’ and ‘‘Office 16 of Inspector General’’ mean the Inspector General 17 and the Office of Inspector General, respectively, of 18 the Transit Authority; 19 (5) the term ‘‘Secretary’’ means the Secretary 20 of Transportation; and 21 (6) the term ‘‘Transit Authority’’ means the 22 Washington Metropolitan Area Transit Authority es- 23 tablished under Article III of the Compact. 24 VerDate Sep 11 2014 05:26 Jun 04, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1663.IS S1663 kjohnson on DSK79L0C42 with BILLS 4 •S 1663 IS SEC. 3. REAUTHORIZATION OF CAPITAL AND PREVENTIVE 1 MAINTENANCE GRANTS TO WASHINGTON 2 METROPOLITAN AREA TRANSIT AUTHORITY. 3 Section 601(f) of the Passenger Rail Investment and 4 Improvement Act of 2008 (division B of Public Law 110– 5 432; 122 Stat. 4968) is amended— 6 (1) by striking ‘‘under this section an aggregate 7 amount’’ and inserting the following: ‘‘under this 8 section— 9 ‘‘(2) an aggregate amount’’; and 10 (2) by striking the period at the end and insert- 11 ing the following: ‘‘; and 12 ‘‘(2) $150,000,000 for each of fiscal years 2020 13 through 2029.’’. 14 SEC. 4. ADDITIONAL FUNDS FOR WASHINGTON METRO- 15 POLITAN AREA TRANSIT AUTHORITY. 16 Title VI of the Passenger Rail Investment and Im- 17 provement Act of 2008 (division B of Public Law 110– 18 432; 122 Stat. 4968) is amended by adding at the end 19 the following: 20 ‘‘SEC. 602. ADDITIONAL FUNDING FOR CAPITAL AND PRE- 21 VENTIVE MAINTENANCE PROJECTS AND FOR 22 INSPECTOR GENERAL. 23 ‘‘(a) DEFINITIONS.—In this section— 24 ‘‘(1) the term ‘Secretary’ means the Secretary 25 of Transportation; and 26 VerDate Sep 11 2014 05:26 Jun 04, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1663.IS S1663 kjohnson on DSK79L0C42 with BILLS 5 •S 1663 IS ‘‘(2) the term ‘Transit Authority’ has the mean- 1 ing given the term in section 601(a). 2 ‘‘(b) AUTHORIZATION.—In addition to the amounts 3 authorized to be appropriated under section 601, there are 4 authorized to be appropriated to the Secretary of Trans- 5 portation $50,000,000 for each of fiscal years 2020 6 through 2029 for use under subsections (c) and (d) of this 7 section. 8 ‘‘(c) FUNDING FOR CAPITAL AND PREVENTIVE 9 MAINTENANCE PROJECTS.— 10 ‘‘(1) IN GENERAL.—Subject to subsection (e), 11 of the amounts authorized to be appropriated for a 12 fiscal year under subsection (b), the Secretary of 13 Transportation may use $45,000,000 for grants to 14 the Transit Authority for the purpose of financing 15 the capital and preventive maintenance projects in- 16 cluded in the Capital Improvement Program ap- 17 proved by the Board of Directors of the Transit Au- 18 thority. 19 ‘‘(2) APPLICABILITY OF OTHER PROVISIONS.— 20 ‘‘(A) LIMITATIONS AND CONDITIONS.— 21 Paragraphs (1) and (3) of section 601(b) shall 22 apply to a grant made under this subsection. 23 ‘‘(B) REQUIREMENTS FOR MASS TRANS- 24 PORTATION CAPITAL PROJECTS RECEIVING 25 VerDate Sep 11 2014 05:26 Jun 04, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1663.IS S1663 kjohnson on DSK79L0C42 with BILLS 6 •S 1663 IS FUNDS UNDER FEDERAL TRANSPORTATION 1 LAW.—Section 601(c) shall apply to the use of 2 any amounts provided to the Transit Authority 3 under this subsection. 4 ‘‘(d) FUNDING FOR OFFICE OF INSPECTOR GENERAL 5 OF THE WASHINGTON METROPOLITAN AREA TRANSIT 6 AUTHORITY.—Subject to subsection (e), of the amounts 7 authorized to be appropriated for a fiscal year under sub- 8 section (b), the Secretary of Transportation shall use 9 $5,000,000 for grants to the Transit Authority for use 10 exclusively by the Office of Inspector General of the Tran- 11 sit Authority for the operations of the Office in accordance 12 with Section 9 of Article III of the Compact, to remain 13 available until expended. 14 ‘‘(e) MATCHING INSPECTOR GENERAL FUNDS RE- 15 QUIRED FROM TRANSIT AUTHORITY.—The Secretary may 16 not provide any amounts to the Transit Authority for a 17 fiscal year under subsection (c) or (d) until the Transit 18 Authority notifies the Secretary that the Transit Author- 19 ity has made available $5,000,000 in non-Federal funds 20 for that fiscal year for use exclusively by the Office of In- 21 spector General of the Transit Authority for the oper- 22 ations of the Office in accordance with Section 9 of Article 23 III of the Compact.’’. 24 VerDate Sep 11 2014 05:26 Jun 04, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1663.IS S1663 kjohnson on DSK79L0C42 with BILLS 7 •S 1663 IS SEC. 5. REFORMS TO OFFICE OF INSPECTOR GENERAL. 1 The Secretary may not provide any amounts to the 2 Transit Authority under section 602(c) of the Passenger 3 Rail Investment and Improvement Act of 2008 (division 4 B of Public Law 110–432; 122 Stat. 4968), as added by 5 section 4, until the Secretary certifies that the Board has 6 passed a resolution that— 7 (1) reaffirms the status of the Office of Inspec- 8 tor General as an independent and objective unit of 9 the Transit Authority, as established under Section 10 9 of Article III of the Compact; 11 (2) provides that, for each fiscal year, the Of- 12 fice of Inspector General— 13 (A) shall transmit a budget estimate and 14 request to the Board specifying the aggregate 15 amount of funds requested for the fiscal year 16 for the operations of the Office; and 17 (B) may include a request under subpara- 18 graph (A) for a program or project that is an- 19 ticipated to generate obligations or liabilities be- 20 yond that fiscal year; 21 (3) delegates to the Inspector General, to the 22 extent possible under the Compact and in accord- 23 ance with each applicable Federal law or regulation, 24 contracting officer authority, subject to the require- 25 VerDate Sep 11 2014 05:26 Jun 04, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1663.IS S1663 kjohnson on DSK79L0C42 with BILLS 8 •S 1663 IS ment that the Inspector General exercise that au- 1 thority— 2 (A) in accordance with Section 73 of Arti- 3 cle XVI of the Compact, after working with the 4 Transit Authority to develop procurement pro- 5 cedures to facilitate compliance with that sec- 6 tion; and 7 (B) only as is necessary to carry out the 8 duties of the Office of Inspector General; 9 (4) delegates to the Inspector General, to the 10 extent possible under the Compact— 11 (A) the authority to select, appoint, and 12 employ such officers and employees as may be 13 necessary for carrying out the duties of the Of- 14 fice of Inspector General; 15 (B) approving authority for policies that 16 impact the independence of the Office of In- 17 spector General; and 18 (C) the authority to adopt recruiting, hir- 19 ing, and personnel management policies for the 20 Office of Inspector General as appropriate in 21 exercising the authority delegated under sub- 22 paragraph (A); 23 VerDate Sep 11 2014 05:26 Jun 04, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1663.IS S1663 kjohnson on DSK79L0C42 with BILLS 9 •S 1663 IS (5) ensures the Inspector General shall obtain 1 legal advice from a counsel reporting directly to the 2 Inspector General; and 3 (6) requires the Inspector General to— 4 (A) post any report containing a rec- 5 ommendation for corrective action to the 6 website of the Office of Inspector General not 7 later than 3 days after the recommendation is 8 submitted in final form to the General Manager 9 of the Transit Authority, except that— 10 (i) the Inspector General shall, if re- 11 quired by law or otherwise appropriate, re- 12 dact personally identifiable information 13 and information that, in the determination 14 of the Inspector General, would pose a se- 15 curity risk to the systems of the Transit 16 Authority; and 17 (ii) with respect to any investigative 18 findings in a case involving administrative 19 misconduct, whether included in a rec- 20 ommendation or otherwise, the Inspector 21 General shall publish only a summary of 22 the findings, which summary shall be re- 23 dacted in accordance with the procedures 24 set forth in clause (i); 25 VerDate Sep 11 2014 05:26 Jun 04, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1663.IS S1663 kjohnson on DSK79L0C42 with BILLS 10 •S 1663 IS (B) submit a semiannual report containing 1 recommendations of corrective action to the 2 Board, which the Board shall transmit not later 3 than 30 days after receipt of the report, to- 4 gether with any comments the Board deter- 5 mines appropriate, to— 6 (i) each covered recipient described in 7 section 2(3)(A); 8 (ii) the Committee on Appropriations 9 of the Senate; 10 (iii) the Committee on Appropriations 11 of the House of Representatives; and 12 (iv) any other recipients that the 13 Board determines appropriate; and 14 (C) not later than 2 years after the date 15 of enactment of this Act and 5 years after the 16 date of enactment of this Act, submit to each 17 covered recipient a report that— 18 (i) describes the implementation by 19 the Transit Authority of the reforms re- 20 quired under, and the use by the Transit 21 Authority of the funding authorized 22 under— 23 (I) chapter 34 of title 33.2 of the 24 Code of Virginia; 25 VerDate Sep 11 2014 05:26 Jun 04, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1663.IS S1663 kjohnson on DSK79L0C42 with BILLS 11 •S 1663 IS (II) section 10–205 of the Trans- 1 portation Article of the Code of Mary- 2 land; and 3 (III) section 6002 of the Dedi- 4 cated WMATA Funding and Tax 5 Changes Affecting Real Property and 6 Sales Amendment Act of 2018 (1– 7 325.401, D.C. Official Code); and 8 (ii) contains— 9 (I) an assessment of the effective 10 use of the funding described in clause 11 (i) to address major capital improve- 12 ment projects; 13 (II) a discussion of compliance 14 with strategic plan deadlines; 15 (III) an examination of compli- 16 ance with the reform requirements 17 under the laws described in clause (i), 18 including identifying any challenges to 19 compliance or implementation; and 20 (IV) recommendations to the 21 Transit Authority to improve imple- 22 mentation. 23 VerDate Sep 11 2014 05:26 Jun 04, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1663.IS S1663 kjohnson on DSK79L0C42 with BILLS 12 •S 1663 IS SEC. 6. JEANICE MCMILLAN WASHINGTON METROPOLITAN 1 AREA TRANSIT AUTHORITY TRACK SAFETY 2 TASK FORCE. 3 (a) DEFINITIONS.—In this section— 4 (1) the term ‘‘on-track safety program’’ means 5 the on-track safety program of the Transit Author- 6 ity; and 7 (2) the term ‘‘Task Force’’ means the Jeanice 8 McMillan Washington Metropolitan Area Transit 9 Authority Track Safety Task Force required to be 10 established under subsection (b). 11 (b) FUNDING CONTINGENT ON ESTABLISHMENT OF 12 TRACK SAFETY TASK FORCE.—The Secretary may not 13 provide any amounts to the Transit Authority under sec- 14 tion 602(c) of the Passenger Rail Investment and Im- 15 provement Act of 2008 (division B of Public Law 110– 16 432; 122 Stat. 4968), as added by section 4, until the 17 Transit Authority notifies the Secretary that the Transit 18 Authority has taken action to establish and maintain a 19 safety task force for the development of on-track safety 20 standards for the Transit Authority, to be known as the 21 ‘‘Jeanice McMillan Washington Metropolitan Area Transit 22 Authority Track Safety Task Force’’, in accordance with 23 this section. 24 VerDate Sep 11 2014 05:26 Jun 04, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1663.IS S1663 kjohnson on DSK79L0C42 with BILLS 13 •S 1663 IS (c) DUTIES.—The [Text truncated for display. 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