II 

116TH CONGRESS 

1ST SESSION S. 1663 

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 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Metro Safety, Accountability, and Investment Act of 

6 2019’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act— 

3 (1) the term ‘‘Board’’ means the Board of Di4 rectors of the Transit Authority; 

5 (2) the term ‘‘Compact’’ means the Washington 

6 Metropolitan Area Transit Authority Compact con7 sented to by Congress under Public Law 89–774 (80 

8 Stat. 1324); 

9 (3) the term ‘‘covered recipient’’ means— 

10 (A)(i) the Committee on Banking, Hous11 ing, and Urban Affairs of the Senate; 

12 (ii) the Committee on Homeland Security 

13 and Governmental Affairs of the Senate; 

14 (iii) the Committee on Transportation and 

15 Infrastructure of the House of Representatives; 

16 and 

17 (iv) the Committee on Oversight and Re18 form of the House of Representatives; 

19 (B)(i) the Governor of Maryland; 


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1 (ii) the President of the Maryland Senate; 

2 and 

3 (iii) the Speaker of the Maryland House of 

4 Delegates; 

5 (C)(i) the Governor of Virginia; 

6 (ii) the President of the Virginia Senate; 

7 and 

8 (iii) the Speaker of the Virginia House of 

9 Delegates; 

10 (D)(i) the Mayor of the District of Colum11 bia; and 

12 (ii) the Chairman of the Council of the 

13 District of Columbia; and 

14 (E) the Chairman of the Northern Virginia 

15 Transportation Commission; 

16 (4) the terms ‘‘Inspector General’’ and ‘‘Office 

17 of Inspector General’’ mean the Inspector General 

18 and the Office of Inspector General, respectively, of 

19 the Transit Authority; 

20 (5) the term ‘‘Secretary’’ means the Secretary 

21 of Transportation; and 

22 (6) the term ‘‘Transit Authority’’ means the 

23 Washington Metropolitan Area Transit Authority es24 tablished under Article III of the Compact. 


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1 SEC. 3. REAUTHORIZATION OF CAPITAL AND PREVENTIVE 

2 MAINTENANCE GRANTS TO WASHINGTON 

3 METROPOLITAN AREA TRANSIT AUTHORITY. 

4 Section 601(f) of the Passenger Rail Investment and 

5 Improvement Act of 2008 (division B of Public Law 110– 

6 432; 122 Stat. 4968) is amended— 

7 (1) by striking ‘‘under this section an aggregate 

8 amount’’ and inserting the following: ‘‘under this 

9 section— 

10 ‘‘(2) an aggregate amount’’; and 

11 (2) by striking the period at the end and insert12 ing the following: ‘‘; and 

13 ‘‘(2) $150,000,000 for each of fiscal years 2020 

14 through 2029.’’. 

15 SEC. 4. ADDITIONAL FUNDS FOR WASHINGTON METRO16 POLITAN AREA TRANSIT AUTHORITY. 

17 Title VI of the Passenger Rail Investment and Im18 provement Act of 2008 (division B of Public Law 110– 

19 432; 122 Stat. 4968) is amended by adding at the end 

20 the following: 

21 ‘‘SEC. 602. ADDITIONAL FUNDING FOR CAPITAL AND PRE22 VENTIVE MAINTENANCE PROJECTS AND FOR 

23 INSPECTOR GENERAL. 

24 ‘‘(a) DEFINITIONS.—In this section— 

25 ‘‘(1) the term ‘Secretary’ means the Secretary 

26 of Transportation; and 


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1 ‘‘(2) the term ‘Transit Authority’ has the mean2 ing given the term in section 601(a). 

3 ‘‘(b) AUTHORIZATION.—In addition to the amounts 

4 authorized to be appropriated under section 601, there are 

5 authorized to be appropriated to the Secretary of Trans6 portation $50,000,000 for each of fiscal years 2020 

7 through 2029 for use under subsections (c) and (d) of this 

8 section. 

9 ‘‘(c) FUNDING FOR CAPITAL AND PREVENTIVE

10 MAINTENANCE PROJECTS.— 

11 ‘‘(1) IN GENERAL.—Subject to subsection (e), 

12 of the amounts authorized to be appropriated for a 

13 fiscal year under subsection (b), the Secretary of 

14 Transportation may use $45,000,000 for grants to 

15 the Transit Authority for the purpose of financing 

16 the capital and preventive maintenance projects in17 cluded in the Capital Improvement Program ap18 proved by the Board of Directors of the Transit Au19 thority. 

20 ‘‘(2) APPLICABILITY OF OTHER PROVISIONS.— 

21 ‘‘(A) LIMITATIONS AND CONDITIONS.— 

22 Paragraphs (1) and (3) of section 601(b) shall 

23 apply to a grant made under this subsection. 

24 ‘‘(B) REQUIREMENTS FOR MASS TRANS25 PORTATION CAPITAL PROJECTS RECEIVING


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1 FUNDS UNDER FEDERAL TRANSPORTATION

2 LAW.—Section 601(c) shall apply to the use of 

3 any amounts provided to the Transit Authority 

4 under this subsection. 

5 ‘‘(d) FUNDING FOR OFFICE OF INSPECTOR GENERAL

6 OF THE WASHINGTON METROPOLITAN AREA TRANSIT

7 AUTHORITY.—Subject to subsection (e), of the amounts 

8 authorized to be appropriated for a fiscal year under sub9 section (b), the Secretary of Transportation shall use 

10 $5,000,000 for grants to the Transit Authority for use 

11 exclusively by the Office of Inspector General of the Tran12 sit Authority for the operations of the Office in accordance 

13 with Section 9 of Article III of the Compact, to remain 

14 available until expended. 

15 ‘‘(e) MATCHING INSPECTOR GENERAL FUNDS RE16 QUIRED FROM TRANSIT AUTHORITY.—The Secretary may 

17 not provide any amounts to the Transit Authority for a 

18 fiscal year under subsection (c) or (d) until the Transit 

19 Authority notifies the Secretary that the Transit Author20 ity has made available $5,000,000 in non-Federal funds 

21 for that fiscal year for use exclusively by the Office of In22 spector General of the Transit Authority for the oper23 ations of the Office in accordance with Section 9 of Article 

24 III of the Compact.’’. 


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1 SEC. 5. REFORMS TO OFFICE OF INSPECTOR GENERAL. 

2 The Secretary may not provide any amounts to the 

3 Transit Authority under section 602(c) of the Passenger 

4 Rail Investment and Improvement Act of 2008 (division 

5 B of Public Law 110–432; 122 Stat. 4968), as added by 

6 section 4, until the Secretary certifies that the Board has 

7 passed a resolution that— 

8 (1) reaffirms the status of the Office of Inspec9 tor General as an independent and objective unit of 

10 the Transit Authority, as established under Section 

11 9 of Article III of the Compact; 

12 (2) provides that, for each fiscal year, the Of13 fice of Inspector General— 

14 (A) shall transmit a budget estimate and 

15 request to the Board specifying the aggregate 

16 amount of funds requested for the fiscal year 

17 for the operations of the Office; and 

18 (B) may include a request under subpara19 graph (A) for a program or project that is an20 ticipated to generate obligations or liabilities be21 yond that fiscal year; 

22 (3) delegates to the Inspector General, to the 

23 extent possible under the Compact and in accord24 ance with each applicable Federal law or regulation, 

25 contracting officer authority, subject to the requireVerDate Sep 11 2014 05:26 Jun 04, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1663.IS S1663

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1 ment that the Inspector General exercise that au2 thority— 

3 (A) in accordance with Section 73 of Arti4 cle XVI of the Compact, after working with the 

5 Transit Authority to develop procurement pro6 cedures to facilitate compliance with that sec7 tion; and 

8 (B) only as is necessary to carry out the 

9 duties of the Office of Inspector General; 

10 (4) delegates to the Inspector General, to the 

11 extent possible under the Compact— 

12 (A) the authority to select, appoint, and 

13 employ such officers and employees as may be 

14 necessary for carrying out the duties of the Of15 fice of Inspector General; 

16 (B) approving authority for policies that 

17 impact the independence of the Office of In18 spector General; and 

19 (C) the authority to adopt recruiting, hir20 ing, and personnel management policies for the 

21 Office of Inspector General as appropriate in 

22 exercising the authority delegated under sub23 paragraph (A); 


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1 (5) ensures the Inspector General shall obtain 

2 legal advice from a counsel reporting directly to the 

3 Inspector General; and 

4 (6) requires the Inspector General to— 

5 (A) post any report containing a rec6 ommendation for corrective action to the 

7 website of the Office of Inspector General not 

8 later than 3 days after the recommendation is 

9 submitted in final form to the General Manager 

10 of the Transit Authority, except that— 

11 (i) the Inspector General shall, if re12 quired by law or otherwise appropriate, re13 dact personally identifiable information 

14 and information that, in the determination 

15 of the Inspector General, would pose a se16 curity risk to the systems of the Transit 

17 Authority; and 

18 (ii) with respect to any investigative 

19 findings in a case involving administrative 

20 misconduct, whether included in a rec21 ommendation or otherwise, the Inspector 

22 General shall publish only a summary of 

23 the findings, which summary shall be re24 dacted in accordance with the procedures 

25 set forth in clause (i); 


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1 (B) submit a semiannual report containing 

2 recommendations of corrective action to the 

3 Board, which the Board shall transmit not later 

4 than 30 days after receipt of the report, to5 gether with any comments the Board deter6 mines appropriate, to— 

7 (i) each covered recipient described in 

8 section 2(3)(A); 

9 (ii) the Committee on Appropriations 

10 of the Senate; 

11 (iii) the Committee on Appropriations 

12 of the House of Representatives; and 

13 (iv) any other recipients that the 

14 Board determines appropriate; and 

15 (C) not later than 2 years after the date 

16 of enactment of this Act and 5 years after the 

17 date of enactment of this Act, submit to each 

18 covered recipient a report that— 

19 (i) describes the implementation by 

20 the Transit Authority of the reforms re21 quired under, and the use by the Transit 

22 Authority of the funding authorized 

23 under— 

24 (I) chapter 34 of title 33.2 of the 

25 Code of Virginia; 


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1 (II) section 10–205 of the Trans2 portation Article of the Code of Mary3 land; and 

4 (III) section 6002 of the Dedi5 cated WMATA Funding and Tax 

6 Changes Affecting Real Property and 

7 Sales Amendment Act of 2018 (1– 

8 325.401, D.C. Official Code); and 

9 (ii) contains— 

10 (I) an assessment of the effective 

11 use of the funding described in clause 

12 (i) to address major capital improve13 ment projects; 

14 (II) a discussion of compliance 

15 with strategic plan deadlines; 

16 (III) an examination of compli17 ance with the reform requirements 

18 under the laws described in clause (i), 

19 including identifying any challenges to 

20 compliance or implementation; and 

21 (IV) recommendations to the 

22 Transit Authority to improve imple23 mentation. 


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1 SEC. 6. JEANICE MCMILLAN WASHINGTON METROPOLITAN 

2 AREA TRANSIT AUTHORITY TRACK SAFETY 

3 TASK FORCE. 

4 (a) DEFINITIONS.—In this section— 

5 (1) the term ‘‘on-track safety program’’ means 

6 the on-track safety program of the Transit Author7 ity; and 

8 (2) the term ‘‘Task Force’’ means the Jeanice 

9 McMillan Washington Metropolitan Area Transit 

10 Authority Track Safety Task Force required to be 

11 established under subsection (b). 

12 (b) FUNDING CONTINGENT ON ESTABLISHMENT OF

13 TRACK SAFETY TASK FORCE.—The Secretary may not 

14 provide any amounts to the Transit Authority under sec15 tion 602(c) of the Passenger Rail Investment and Im16 provement Act of 2008 (division B of Public Law 110– 

17 432; 122 Stat. 4968), as added by section 4, until the 

18 Transit Authority notifies the Secretary that the Transit 

19 Authority has taken action to establish and maintain a 

20 safety task force for the development of on-track safety 

21 standards for the Transit Authority, to be known as the 

22 ‘‘Jeanice McMillan Washington Metropolitan Area Transit 

23 Authority Track Safety Task Force’’, in accordance with 

24 this section. 


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1 (c) DUTIES.—The Task force shall be responsible for 

2 reviewing the on-track safety program of the Transit Au3 thority, including— 

4 (1) training and qualifications of employees of 

5 the Transit Authority affected by the program; 

6 (2) appropriate procedures for protecting em7 ployees of the Transit Authority engaged in work 

8 along the track right-of-way, including good faith 

9 challenge procedures; 

10 (3) instructions to train operators; 

11 (4) relevant rules of the Transit Authority; 

12 (5) third rail safety; 

13 (6) illuminations; and 

14 (7) any additional related safety matters. 

15 (d) STANDARDS.—The Task Force shall conduct the 

16 review under subsection (c) in accordance with— 

17 (1) the best principles and practices found in 

18 Safety Management Systems and High Reliability 

19 Organizations identified in the report of the Transit 

20 Rail Advisory Committee entitled ‘‘Implementing 

21 Safety Management System Principles in Rail Tran22 sit Agencies’’, dated May 20, 2011; and 

23 (2) recommendations detailing how processes, 

24 practices, tasks, and individual employee responsibil25 ities can support a strong safety culture, as reported 


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1 in the report of the Transit Rail Advisory Com2 mittee entitled ‘‘Building Toward a Strong Safety 

3 Culture Within the Bus and Rail Transit Industry’’, 

4 dated February 27, 2017. 

5 (e) MEMBERSHIP.— 

6 (1) IN GENERAL.—The Task Force shall be 

7 composed of 3 members as follows: 

8 (A) The Chief Safety Officer of the Tran9 sit Authority (or a designee). 

10 (B) The Chief Operating Officer of the 

11 Transit Authority (or a designee). 

12 (C) The President of Amalgamated Tran13 sit Union, Local 689 (or a designee). 

14 (2) CHAIR.—The Chief Safety Officer of the 

15 Transit Authority (or a designee) shall be the Chair 

16 of the Task Force. 

17 (3) MEETINGS.—The Task Force shall meet at 

18 the call of the Chair, but not less frequently than 

19 quarterly. Any member of the Task Force may call 

20 a meeting of the Task Force if the member provides 

21 not fewer than 10 days written notice of the meeting 

22 to the other members. 

23 (4) COMPENSATION; EXPENSES.—The members 

24 of the Task Force shall receive no salary or other 

25 compensation for their services, but shall be entitled 


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1 to reimbursement for actual and necessary expenses 

2 incurred in the performance of their duties. 

3 (f) ON-TRACK SAFETY PROGRAM.— 

4 (1) REPORTS.—Not later than 1 year after the 

5 date of enactment of this Act, the Task Force shall 

6 issue one or more reports setting forth the rec7 ommendations of the Task Force with respect to the 

8 on-track safety program. 

9 (2) SUBMISSION.—The Task Force shall submit 

10 each report issued under this subsection to each cov11 ered recipient. 

12 (3) IMPLEMENTATION OF MATERIAL MODIFICA13 TIONS.— 

14 (A) IN GENERAL.—Not later than 5 busi15 ness days before implementing any material 

16 modification to the on-track safety program, the 

17 Transit Authority shall provide written notice of 

18 the material modification to the Task Force. 

19 (B) REVIEW.—The Task Force shall re20 view any material modification to the on-track 

21 safety program at the first meeting of the Task 

22 Force after receiving written notice of a mate23 rial modification under subparagraph (A). 

24 (C) LIMITATION ON STATUTORY CON25 STRUCTION.—Nothing in this paragraph may 


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1 be construed to preclude or limit the right of 

2 the Transit Authority to implement a modifica3 tion to the on-track safety program that the 

4 Transit Authority determines is appropriate to 

5 enhance the safety of employees, customers, or 

6 third parties. 

7 SEC. 7. KEITH DODSON WASHINGTON METROPOLITAN 

8 AREA TRANSIT AUTHORITY BUS SAFETY 

9 TASK FORCE. 

10 (a) DEFINITIONS.—In this section— 

11 (1) the term ‘‘bus safety program’’ means the 

12 bus safety program of the Transit Authority; and 

13 (2) the term ‘‘Task Force’’ means the Keith 

14 Dodson Washington Metropolitan Area Transit Au15 thority Bus Safety Task Force required to be estab16 lished under subsection (b). 

17 (b) FUNDING CONTINGENT ON ESTABLISHMENT OF

18 BUS SAFETY TASK FORCE.—The Secretary may not pro19 vide any amounts to the Transit Authority under section 

20 602(c) of the Passenger Rail Investment and Improve21 ment Act of 2008 (division B of Public Law 110–432; 122 

22 Stat. 4968), as added by section 4, until the Transit Au23 thority notifies the Secretary that the Transit Authority 

24 has taken action to establish and maintain a safety task 

25 force for the development of bus safety standards for the 


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1 Transit Authority, to be known as the ‘‘Keith Dodson 

2 Washington Metropolitan Area Transit Authority Bus 

3 Safety Task Force’’, in accordance with this section. 

4 (c) DUTIES.—The Task Force shall be responsible for 

5 reviewing the bus safety program of the Transit Authority, 

6 including— 

7 (1) training and qualifications of employees of 

8 the Transit Authority affected by the program; 

9 (2) appropriate procedures for protecting em10 ployees of the Transit Authority engaged in bus op11 erations; 

12 (3) instructions to bus operators; 

13 (4) relevant rules of the Transit Authority; and 

14 (5) strategies to eliminate or minimize the expo15 sure of the public, personnel, and property to haz16 ards and unsafe conditions by, among other meas17 ures— 

18 (A) scheduling fixed route bus service with 

19 adequate time and access for operators to use 

20 restroom facilities; 

21 (B) protecting bus operators from the risk 

22 of assault; 

23 (C) eliminating blind spots; and 

24 (D) any additional related safety matters. 

25 (d) MEMBERSHIP.— 


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1 (1) IN GENERAL.—The Task Force shall be 

2 composed of 3 members as follows: 

3 (A) The Chief Safety Officer of the Tran4 sit Authority (or a designee). 

5 (B) The Chief Operating Officer of the 

6 Transit Authority (or a designee). 

7 (C) The President of Amalgamated Tran8 sit Union, Local 689 (or a designee). 

9 (2) CHAIR.—The Chief Safety Officer of the 

10 Transit Authority (or a designee) shall be the Chair 

11 of the Task Force. 

12 (3) MEETINGS.—The Task Force shall meet at 

13 the call of the Chair, but not less frequently than 

14 quarterly. Any member of the Task Force may call 

15 a meeting of the Task Force if the member provides 

16 not fewer than 10 days written notice of the meeting 

17 to the other members. 

18 (4) COMPENSATION; EXPENSES.—The members 

19 of the Task Force shall receive no salary or other 

20 compensation for their services, but shall be entitled 

21 to reimbursement for actual and necessary expenses 

22 incurred in the performance of their duties. 

23 (e) BUS SAFETY PROGRAM.— 

24 (1) REPORTS.—Not later than 1 year after the 

25 date of enactment of this Act, the Task Force shall 


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1 issue one or more reports setting forth the rec2 ommendations of the Task Force with respect to the 

3 bus safety program. 

4 (2) SUBMISSION.—The Task Force shall submit 

5 each report issued under this subsection to each cov6 ered recipient. 

7 (3) IMPLEMENTATION OF MATERIAL MODIFICA8 TIONS.— 

9 (A) IN GENERAL.—Prior to the implemen10 tation of any material modification to the bus 

11 safety program, the Transit Authority shall 

12 provide written notice of the material modifica13 tion to the Task Force. 

14 (B) REVIEW.—The Task Force shall re15 view any material modification to the bus safety 

16 program at the first meeting of the Task Force 

17 after receiving written notice of the material 

18 modification under subparagraph (A). 

19 (C) LIMITATION ON STATUTORY CON20 STRUCTION.—Nothing in this paragraph may 

21 be construed to preclude or limit the right of 

22 the Transit Authority to implement a modifica23 tion to the bus safety program that the Transit 

24 Authority determines is appropriate to enhance 


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1 the safety of employees, customers, or third 

2 parties. 

3 SEC. 8. CAPITAL PROGRAM AND PLANNING. 

4 (a) CAPITAL PLANNING PROCEDURES.—The Sec5 retary may not provide any amounts under section 602(c) 

6 of the Passenger Rail Investment and Improvement Act 

7 of 2008 (division B of Public Law 110–432; 122 Stat. 

8 4968), as added by section 4, until the Secretary certifies 

9 that the General Manager of the Transit Authority has 

10 implemented procedures that— 

11 (1) establish documented policies and proce12 dures for the capital planning process that— 

13 (A) includes— 

14 (i) prioritizing and ranking individual 

15 projects based on specific and clearly-stat16 ed methodology; and 

17 (ii) analysis of lifecycle planning and 

18 costs; and 

19 (B) is updated on an annual basis; 

20 (2) require the Transit Authority to improve 

21 the transit asset management planning process 

22 through the use of— 

23 (A) asset inventory and condition assess24 ment procedures; and 


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1 (B) a comprehensive database of track, 

2 guideway, and infrastructure systems, including 

3 tunnels, bridges, and communications assets, 

4 that complies with the transit asset manage5 ment regulations of the Secretary under part 

6 625 of title 49, Code of Federal Regulations (or 

7 any successor regulation); and 

8 (3) require the Transit Authority to develop— 

9 (A) performance measures to assess the ef10 fectiveness of capital project investments made 

11 through the capital planning process, including 

12 the process as a whole as well as individual 

13 project investments; and 

14 (B) measures to gauge performance to15 wards outcomes that meet the strategic goals of 

16 the Transit Authority and demonstrate respon17 sible investment of taxpayer dollars. 

18 (b) ANNUAL REPORT.—As a condition of receiving 

19 amounts under section 602(c) of the Passenger Rail In20 vestment and Improvement Act of 2008 (division B of 

21 Public Law 110–432; 122 Stat. 4968), as added by sec22 tion 4, the Transit Authority shall submit an annual re23 port detailing the Transit Authority’s program of capital 

24 projects under subsection (a) and compliance with the 

25 transit asset management regulations of the Secretary 


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1 under part 625 of title 49, Code of Federal Regulations 

2 (or any successor regulation), to— 

3 (1) each covered recipient; 

4 (2) the Committee on Appropriations of the 

5 Senate; 

6 (3) the Committee on Appropriations of the 

7 House of Representatives; and 

8 (4) any other recipient that the Board deter9 mines appropriate. 

10 SEC. 9. CYBERSECURITY PROTECTIONS IN FUTURE ROLL11 ING STOCK PROCUREMENTS. 

12 (a) LIMITATION ON CERTAIN ROLLING STOCK PRO13 CUREMENTS.— 

14 (1) IN GENERAL.—The Transit Authority may 

15 not use financial assistance made available under 

16 this Act or an amendment made by this Act in 

17 awarding a contract or subcontract to an entity on 

18 or after the date of enactment of this Act for the 

19 procurement of rail rolling stock for use in the pub20 lic transportation system operated by the Transit 

21 Authority if the manufacturer of the rail rolling 

22 stock is owned or controlled by, is a subsidiary of, 

23 or is otherwise related legally or financially to a cor24 poration based in a country that— 


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1 (A) is identified as a nonmarket economy 

2 country (as defined in section 771(18) of the 

3 Tariff Act of 1930 (19 U.S.C. 1677(18))) as of 

4 the date of enactment of this Act; 

5 (B) was identified by the United States 

6 Trade Representative in the most recent report 

7 required by section 182 of the Trade Act of 

8 1974 (19 U.S.C. 2242) as a priority foreign 

9 country under subsection (a)(2) of that section; 

10 and 

11 (C) is subject to monitoring by the Trade 

12 Representative under section 306 of the Trade 

13 Act of 1974 (19 U.S.C. 2416). 

14 (2) EXCEPTION.—For purposes of paragraph 

15 (1), the term ‘‘otherwise related legally or finan16 cially’’ does not include a minority relationship or in17 vestment. 

18 (3) INTERNATIONAL AGREEMENTS.—This sub19 section shall be applied in a manner consistent with 

20 the obligations of the United States under inter21 national agreements. 

22 (4) CERTIFICATION FOR RAIL ROLLING

23 STOCK.— 

24 (A) IN GENERAL.—As a condition of finan25 cial assistance made available to the Transit 


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1 Authority in a fiscal year under this Act or an 

2 amendment made by this Act, the Transit Au3 thority shall certify in that fiscal year that the 

4 Transit Authority will not award any contract 

5 or subcontract for the procurement of rail roll6 ing stock for use in the public transportation 

7 system operated by the Transit Authority to a 

8 rail rolling stock manufacturer described in 

9 paragraph (1). 

10 (B) SEPARATE CERTIFICATION.—The cer11 tification required under this paragraph shall be 

12 in addition to any certification the Secretary es13 tablishes to ensure compliance with the require14 ments of paragraph (1). 

15 (b) CYBERSECURITY CERTIFICATION FOR RAIL

16 ROLLING STOCK AND OPERATIONS.— 

17 (1) CERTIFICATION.—As a condition of finan18 cial assistance made available to the Transit Author19 ity under this Act or an amendment made by this 

20 Act, the Transit Authority shall certify that the 

21 Transit Authority has established a process to de22 velop, maintain, and execute a written plan for iden23 tifying and reducing cybersecurity risks to the rail 

24 fixed guideway public transportation system oper25 ated by the Transit Authority. 


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1 (2) COMPLIANCE.—For the process required 

2 under paragraph (1), the Transit Authority shall— 

3 (A) utilize the approach described by the 

4 voluntary standards and best practices devel5 oped under section 2(c)(15) of the National In6 stitute of Standards and Technology Act (15 

7 U.S.C. 272(c)(15)), as applicable; 

8 (B) identify hardware and software that 

9 the Transit Authority determines should under10 go third-party testing and analysis to mitigate 

11 cybersecurity risks, such as hardware or soft12 ware for rail rolling stock under proposed pro13 curements; and 

14 (C) utilize the approach described in any 

15 voluntary standards and best practices for rail 

16 fixed guideway public transportation systems 

17 developed under the authority of the Secretary 

18 of Homeland Security, as applicable. 

19 (3) LIMITATIONS ON STATUTORY CONSTRUC20 TION.—Nothing in this subsection shall be construed 

21 to interfere with the authority of— 

22 (A) the Secretary of Homeland Security to 

23 publish or ensure compliance with requirements 

24 or standards concerning cybersecurity for rail 


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1 fixed guideway public transportation systems; 

2 or 

3 (B) the Secretary of Transportation under 

4 section 5329 of title 49, United States Code, to 

5 address cybersecurity issues as those issues re6 late to the safety of rail fixed guideway public 

7 transportation systems. 

8 SEC. 10. SENSE OF CONGRESS. 

9 (a) PARTICIPATION BY ALTERNATE DIRECTORS.—It 

10 is the sense of Congress that Congress strongly advises 

11 the Board not to use its authority to adopt annual bylaws 

12 to willfully disregard Section 5 of Article III of the Com13 pact with respect to an alternate Director acting only in 

14 the absence of the Director for whom he or she has been 

15 appointed as an alternate. 

16 (b) CONTINUED PRIORITIZATION OF SECURE TECH17 NOLOGICAL IMPROVEMENTS.—It is the sense of Congress 

18 that the Transit Authority should— 

19 (1) continue to prioritize the implementation of 

20 new technological systems that include robust cyber21 security protections; and 

22 (2) prioritize continued integration of new wire23 less services and emergency communications net24 works, while also leveraging partnerships with mobilVerDate Sep 11 2014 05:26 Jun 04, 2019 Jkt 089200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S1663.IS S1663

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1 ity services to improve the competitiveness of the 

2 core business. 

3 SEC. 11. ADDITIONAL REPORTING. 

4 (a) IN GENERAL.—Not later than 3 years after the 

5 date of enactment of this Act, the Comptroller General 

6 of the United States shall submit to the congressional 

7 committees described in subsection (b) a report that— 

8 (1) assesses whether the reforms required under 

9 section 5 (relating to strengthening the independ10 ence of the Office of Inspector General) have been 

11 implemented; and 

12 (2) assesses— 

13 (A) whether the reforms required under 

14 section 8 have been implemented; and 

15 (B) the impact of those reforms on the 

16 capital planning process of the Transit Author17 ity. 

18 (b) CONGRESSIONAL COMMITTEES.—The congres19 sional committees described in this subsection are— 

20 (1) the Committee on Banking, Housing, and 

21 Urban Affairs of the Senate; 

22 (2) the Committee on Homeland Security and 

23 Governmental Affairs of the Senate; 

24 (3) the Committee on Transportation and In25 frastructure of the House of Representatives; and 


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1 (4) the Committee on Oversight and Reform of 

2 the House of Representatives. 

Æ 


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