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