II 

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. 

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 2021’’. 

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 2021 

14 through 2030.’’. 

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 2021 

7 through 2030 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 (a) SENSE OF CONGRESS.—Congress recognizes the 

3 importance of the Transit Authority having a strong and 

4 independent Office of Inspector General, as codified in 

5 subsections (a) and (d) of Section 9 of Article III of the 

6 Compact. 

7 (b) REFORMS.—The Secretary may not provide any 

8 amounts to the Transit Authority under section 602(c) of 

9 the Passenger Rail Investment and Improvement Act of 

10 2008 (division B of Public Law 110–432; 122 Stat. 4968), 

11 as added by section 4, until the Secretary certifies that 

12 the Board has passed a resolution that— 

13 (1) provides that, for each fiscal year, the Of14 fice of Inspector General shall transmit a budget es15 timate and request to the Board specifying the ag16 gregate amount of funds requested for the fiscal 

17 year for the operations of the Office; 

18 (2) delegates to the Inspector General, to the 

19 extent possible under the Compact and in accord20 ance with each applicable Federal law or regulation, 

21 contracting officer authority, subject to the require22 ment that the Inspector General exercise that au23 thority— 

24 (A) in accordance with Section 73 of Arti25 cle XVI of the Compact, after working with the 

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1 cies and procedures to give the Inspector Gen2 eral approving authority for exceptions to those 

3 policies and procedures; and 

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

5 duties of the Office of Inspector General; 

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

7 extent possible under the Compact and in accord8 ance with each applicable Federal law or regula9 tion— 

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

11 employ such officers and employees as may be 

12 necessary for carrying out the duties of the Of13 fice of Inspector General, subject to the require14 ment that the Inspector General exercise that 

15 authority in accordance with— 

16 (i) subsections (g) and (h) of Section 

17 12 of Article V of the Compact; and 

18 (ii) personnel policies and procedures 

19 of the Transit Authority; and 

20 (B) approving authority, subject to the ap21 proval of the Board, for exceptions to policies 

22 that impact the independence of the Office of 

23 Inspector General, but those exceptions may not 

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1 sion plans other than the employee benefits and 

2 pension plans of the Transit Authority; 

3 (4)(A) ensures that the Inspector General ob4 tains legal advice from a counsel reporting directly 

5 to the Inspector General; and 

6 (B) prohibits the counsel described in subpara7 graph (A) from— 

8 (i) providing legal advice for or on behalf 

9 of the Transit Authority; 

10 (ii) issuing a legal opinion on behalf of the 

11 Transit Authority or making a statement about 

12 a legal position of the Transit Authority; or 

13 (iii) waiving any privilege or protection 

14 from disclosure on any matter under the juris15 diction of the Transit Authority; and 

16 (5) requires the Inspector General to— 

17 (A) post any report containing a rec18 ommendation for corrective action to the 

19 website of the Office of Inspector General not 

20 later than 3 days after the report is submitted 

21 in final form to the Board, except that— 

22 (i) the Inspector General shall, if re23 quired by law or otherwise appropriate, re24 dact— 


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1 (I) personally identifiable infor2 mation; 

3 (II) legally privileged informa4 tion; 

5 (III) information legally prohib6 ited from disclosure; and 

7 (IV) information that, in the de8 termination of the Inspector General, 

9 would pose a security risk to the sys10 tems of the Transit Authority; and 

11 (ii) with respect to any investigative 

12 findings in a case involving administrative 

13 misconduct, whether included in a rec14 ommendation or otherwise, the Inspector 

15 General shall publish only a summary of 

16 the findings, which summary shall be re17 dacted in accordance with the procedures 

18 set forth in clause (i); 

19 (B) submit a semiannual report containing 

20 recommendations of corrective action to the 

21 Board, which the Board shall transmit not later 

22 than 30 days after receipt of the report, to23 gether with any comments the Board deter24 mines appropriate, to— 


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1 (i) each covered recipient described in 

2 section 2(3)(A); 

3 (ii) the Committee on Appropriations 

4 of the Senate; 

5 (iii) the Committee on Appropriations 

6 of the House of Representatives; and 

7 (iv) any other recipients that the 

8 Board determines appropriate; and 

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

10 of enactment of this Act and 5 years after the 

11 date of enactment of this Act, submit to each 

12 covered recipient a report that— 

13 (i) describes the implementation by 

14 the Transit Authority of the reforms re15 quired under, and the use by the Transit 

16 Authority of the funding authorized 

17 under— 

18 (I) chapter 34 of title 33.2 of the 

19 Code of Virginia; 

20 (II) section 10–205 of the Trans21 portation Article of the Code of Mary22 land; and 

23 (III) section 6002 of the Dedi24 cated WMATA Funding and Tax 

25 Changes Affecting Real Property and 


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1 Sales Amendment Act of 2018 (1– 

2 325.401, D.C. Official Code); and 

3 (ii) contains— 

4 (I) an assessment of the effective 

5 use of the funding described in clause 

6 (i) to address major capital improve7 ment projects; 

8 (II) a discussion of compliance 

9 with strategic plan deadlines; 

10 (III) an examination of compli11 ance with the reform requirements 

12 under the laws described in clause (i), 

13 including identifying any challenges to 

14 compliance or implementation; and 

15 (IV) recommendations to the 

16 Transit Authority to improve imple17 mentation. 

18 SEC. 6. JEANICE MCMILLAN WASHINGTON METROPOLITAN 

19 AREA TRANSIT AUTHORITY TRACK SAFETY 

20 TASK FORCE. 

21 (a) DEFINITIONS.—In this section— 

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

23 the on-track safety program of the Transit Author24 ity; and 


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

2 McMillan Washington Metropolitan Area Transit 

3 Authority Track Safety Task Force required to be 

4 established under subsection (b). 

5 (b) FUNDING CONTINGENT ON ESTABLISHMENT OF

6 TRACK SAFETY TASK FORCE.—The Secretary may not 

7 provide any amounts to the Transit Authority under sec8 tion 602(c) of the Passenger Rail Investment and Im9 provement Act of 2008 (division B of Public Law 110– 

10 432; 122 Stat. 4968), as added by section 4, until the 

11 Transit Authority notifies the Secretary that the Transit 

12 Authority has taken action to establish and maintain a 

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

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

15 ‘‘Jeanice McMillan Washington Metropolitan Area Transit 

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

17 this section. 

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

19 reviewing the on-track safety program of the Transit Au20 thority, including— 

21 (1) training and qualifications of employees of 

22 the Transit Authority affected by the program; 

23 (2) appropriate procedures for protecting em24 ployees of the Transit Authority engaged in work 


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

2 challenge procedures; 

3 (3) instructions to train operators; 

4 (4) relevant rules of the Transit Authority; 

5 (5) third rail safety; 

6 (6) illuminations; and 

7 (7) any additional related safety matters. 

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

9 review under subsection (c) in accordance with— 

10 (1) the best principles and practices found in 

11 Safety Management Systems and High Reliability 

12 Organizations identified in the report of the Transit 

13 Rail Advisory Committee entitled ‘‘Implementing 

14 Safety Management System Principles in Rail Tran15 sit Agencies’’, dated May 20, 2011; and 

16 (2) recommendations detailing how processes, 

17 practices, tasks, and individual employee responsibil18 ities can support a strong safety culture, as reported 

19 in the report of the Transit Rail Advisory Com20 mittee entitled ‘‘Building Toward a Strong Safety 

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

22 dated February 27, 2017. 

23 (e) MEMBERSHIP.— 

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

25 composed of 3 members as follows: 


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1 (A) The Chief Safety Officer of the Tran2 sit Authority (or a designee). 

3 (B) The Chief Operating Officer of the 

4 Transit Authority (or a designee). 

5 (C) The President of Amalgamated Tran6 sit Union, Local 689 (or a designee). 

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

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

9 of the Task Force. 

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

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

12 quarterly. Any member of the Task Force may call 

13 a meeting of the Task Force if the member provides 

14 not fewer than 10 days written notice of the meeting 

15 to the other members. 

16 (4) COMPENSATION; EXPENSES.—The members 

17 of the Task Force shall receive no salary or other 

18 compensation for their services, but shall be entitled 

19 to reimbursement for actual and necessary expenses 

20 incurred in the performance of their duties. 

21 (f) ON-TRACK SAFETY PROGRAM.— 

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

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

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1 ommendations of the Task Force with respect to the 

2 on-track safety program. 

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

4 each report issued under this subsection to each cov5 ered recipient. 

6 (3) IMPLEMENTATION OF MATERIAL MODIFICA7 TIONS.— 

8 (A) IN GENERAL.—Not later than 5 busi9 ness days before implementing any material 

10 modification to the on-track safety program, the 

11 Transit Authority shall provide written notice of 

12 the material modification to the Task Force. 

13 (B) REVIEW.—The Task Force shall re14 view any material modification to the on-track 

15 safety program at the first meeting of the Task 

16 Force after receiving written notice of a mate17 rial modification under subparagraph (A). 

18 (C) LIMITATION ON STATUTORY CON19 STRUCTION.—Nothing in this paragraph may 

20 be construed to preclude or limit the right of 

21 the Transit Authority to implement a modifica22 tion to the on-track safety program that the 

23 Transit Authority determines is appropriate to 

24 enhance the safety of employees, customers, or 

25 third parties. 


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1 SEC. 7. KEITH DODSON WASHINGTON METROPOLITAN 

2 AREA TRANSIT AUTHORITY BUS SAFETY 

3 TASK FORCE. 

4 (a) DEFINITIONS.—In this section— 

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

6 bus safety program of the Transit Authority; and 

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

8 Dodson Washington Metropolitan Area Transit Au9 thority Bus Safety Task Force required to be estab10 lished under subsection (b). 

11 (b) FUNDING CONTINGENT ON ESTABLISHMENT OF

12 BUS SAFETY TASK FORCE.—The Secretary may not pro13 vide any amounts to the Transit Authority under section 

14 602(c) of the Passenger Rail Investment and Improve15 ment Act of 2008 (division B of Public Law 110–432; 122 

16 Stat. 4968), as added by section 4, until the Transit Au17 thority notifies the Secretary that the Transit Authority 

18 has taken action to establish and maintain a safety task 

19 force for the development of bus safety standards for the 

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

21 Washington Metropolitan Area Transit Authority Bus 

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

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

24 reviewing the bus safety program of the Transit Authority, 

25 including— 


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1 (1) training and qualifications of employees of 

2 the Transit Authority affected by the program; 

3 (2) appropriate procedures for protecting em4 ployees of the Transit Authority engaged in bus op5 erations; 

6 (3) instructions to bus operators; 

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

8 (5) strategies to eliminate or minimize the expo9 sure of the public, personnel, and property to haz10 ards and unsafe conditions by, among other meas11 ures— 

12 (A) scheduling fixed route bus service with 

13 adequate time and access for operators to use 

14 restroom facilities; 

15 (B) protecting bus operators from the risk 

16 of assault; 

17 (C) eliminating blind spots; and 

18 (D) any additional related safety matters. 

19 (d) MEMBERSHIP.— 

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

21 composed of 3 members as follows: 

22 (A) The Chief Safety Officer of the Tran23 sit Authority (or a designee). 

24 (B) The Chief Operating Officer of the 

25 Transit Authority (or a designee). 


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1 (C) The President of Amalgamated Tran2 sit Union, Local 689 (or a designee). 

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

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

5 of the Task Force. 

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

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

8 quarterly. Any member of the Task Force may call 

9 a meeting of the Task Force if the member provides 

10 not fewer than 10 days written notice of the meeting 

11 to the other members. 

12 (4) COMPENSATION; EXPENSES.—The members 

13 of the Task Force shall receive no salary or other 

14 compensation for their services, but shall be entitled 

15 to reimbursement for actual and necessary expenses 

16 incurred in the performance of their duties. 

17 (e) BUS SAFETY PROGRAM.— 

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

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

20 issue one or more reports setting forth the rec21 ommendations of the Task Force with respect to the 

22 bus safety program. 

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

24 each report issued under this subsection to each cov25 ered recipient. 


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1 (3) IMPLEMENTATION OF MATERIAL MODIFICA2 TIONS.— 

3 (A) IN GENERAL.—Prior to the implemen4 tation of any material modification to the bus 

5 safety program, the Transit Authority shall 

6 provide written notice of the material modifica7 tion to the Task Force. 

8 (B) REVIEW.—The Task Force shall re9 view any material modification to the bus safety 

10 program at the first meeting of the Task Force 

11 after receiving written notice of the material 

12 modification under subparagraph (A). 

13 (C) LIMITATION ON STATUTORY CON14 STRUCTION.—Nothing in this paragraph may 

15 be construed to preclude or limit the right of 

16 the Transit Authority to implement a modifica17 tion to the bus safety program that the Transit 

18 Authority determines is appropriate to enhance 

19 the safety of employees, customers, or third 

20 parties. 

21 SEC. 8. CAPITAL PROGRAM AND PLANNING. 

22 (a) CAPITAL PLANNING PROCEDURES.—The Transit 

23 Authority may not expend any amounts received under 

24 section 602(c) of the Passenger Rail Investment and Im25 provement Act of 2008 (division B of Public Law 110– 


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1 432; 122 Stat. 4968), as added by section 4, until the 

2 General Manager of the Transit Authority certifies to the 

3 Secretary that the Transit Authority has implemented— 

4 (1) documented policies and procedures for the 

5 capital planning process that include— 

6 (A) a process that aligns projects to the 

7 strategic goals of the Transit Authority; and 

8 (B) a process to develop total project costs 

9 and alternatives for all major capital projects, 

10 as defined in section 633.5 of title 49, Code of 

11 Federal Regulations, or any successor regula12 tion; 

13 (2) a transit asset management planning proc14 ess that includes— 

15 (A) asset inventory and condition assess16 ment procedures; and 

17 (B) procedures to develop a data set of 

18 track, guideway, and infrastructure systems, in19 cluding tunnels, bridges, and communications 

20 assets, that complies with the transit asset 

21 management regulations of the Secretary under 

22 part 625 of title 49, Code of Federal Regula23 tions (or any successor regulation); and 

24 (3) performance measures, aligned with the 

25 strategic goals of the Transit Authority, to assess 


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1 the effectiveness and outcomes of major capital 

2 projects. 

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

4 amounts under section 602(c) of the Passenger Rail In5 vestment and Improvement Act of 2008 (division B of 

6 Public Law 110–432; 122 Stat. 4968), as added by sec7 tion 4, the Transit Authority shall submit an annual re8 port detailing the Transit Authority’s Capital Improve9 ment Program approved by the Board of Directors of the 

10 Transit Authority and compliance with the transit asset 

11 management regulations of the Secretary under part 625 

12 of title 49, Code of Federal Regulations (or any successor 

13 regulation), to— 

14 (1) each covered recipient; 

15 (2) the Committee on Appropriations of the 

16 Senate; 

17 (3) the Committee on Appropriations of the 

18 House of Representatives; and 

19 (4) any other recipient that the Board deter20 mines appropriate. 

21 SEC. 9. CYBERSECURITY PROTECTIONS IN FUTURE ROLL22 ING STOCK PROCUREMENTS. 

23 (a) LIMITATION ON CERTAIN ROLLING STOCK PRO24 CUREMENTS.— 


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

2 not use financial assistance made available under 

3 this Act or an amendment made by this Act in 

4 awarding a contract or subcontract to an entity on 

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

6 procurement of rail rolling stock for use in the pub7 lic transportation system operated by the Transit 

8 Authority if the manufacturer of the rail rolling 

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

10 or is otherwise related legally or financially to a cor11 poration based in a country that— 

12 (A) is identified as a nonmarket economy 

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

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

15 the date of enactment of this Act; 

16 (B) was identified by the United States 

17 Trade Representative in the most recent report 

18 required by section 182 of the Trade Act of 

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

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

21 and 

22 (C) is subject to monitoring by the Trade 

23 Representative under section 306 of the Trade 

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


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1 (2) EXCEPTION.—For purposes of paragraph 

2 (1), the term ‘‘otherwise related legally or finan3 cially’’ does not include a minority relationship or in4 vestment. 

5 (3) INTERNATIONAL AGREEMENTS.—This sub6 section shall be applied in a manner consistent with 

7 the obligations of the United States under inter8 national agreements. 

9 (4) CERTIFICATION FOR RAIL ROLLING

10 STOCK.— 

11 (A) IN GENERAL.—As a condition of finan12 cial assistance made available to the Transit 

13 Authority in a fiscal year under this Act or an 

14 amendment made by this Act, the Transit Au15 thority shall certify in that fiscal year that the 

16 Transit Authority will not award any contract 

17 or subcontract for the procurement of rail roll18 ing stock for use in the public transportation 

19 system operated by the Transit Authority to a 

20 rail rolling stock manufacturer described in 

21 paragraph (1). 

22 (B) SEPARATE CERTIFICATION.—The cer23 tification required under this paragraph shall be 

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1 tablishes to ensure compliance with the require2 ments of paragraph (1). 

3 (b) CYBERSECURITY CERTIFICATION FOR RAIL

4 ROLLING STOCK AND OPERATIONS.— 

5 (1) CERTIFICATION.—As a condition of finan6 cial assistance made available to the Transit Author7 ity under this Act or an amendment made by this 

8 Act, the Transit Authority shall certify that the 

9 Transit Authority has established a process to de10 velop, maintain, and execute a written plan for iden11 tifying and reducing cybersecurity risks to the rail 

12 fixed guideway public transportation system oper13 ated by the Transit Authority. 

14 (2) COMPLIANCE.—For the process required 

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

16 (A) utilize the approach described by the 

17 voluntary standards and best practices devel18 oped under section 2(c)(15) of the National In19 stitute of Standards and Technology Act (15 

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

21 (B) identify hardware and software that 

22 the Transit Authority determines should under23 go third-party testing and analysis to mitigate 

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1 ware for rail rolling stock under proposed pro2 curements; and 

3 (C) utilize the approach described in any 

4 voluntary standards and best practices for rail 

5 fixed guideway public transportation systems 

6 developed under the authority of the Secretary 

7 of Homeland Security, as applicable. 

8 (3) LIMITATIONS ON STATUTORY CONSTRUC9 TION.—Nothing in this subsection shall be construed 

10 to interfere with the authority of— 

11 (A) the Secretary of Homeland Security to 

12 publish or ensure compliance with requirements 

13 or standards concerning cybersecurity for rail 

14 fixed guideway public transportation systems; 

15 or 

16 (B) the Secretary of Transportation under 

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

18 address cybersecurity issues as those issues re19 late to the safety of rail fixed guideway public 

20 transportation systems. 

21 SEC. 10. SENSE OF CONGRESS. 

22 (a) PARTICIPATION BY ALTERNATE DIRECTORS.—It 

23 is the sense of Congress that Congress strongly advises 

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

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1 pact with respect to an alternate Director acting only in 

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

3 appointed as an alternate. 

4 (b) CONTINUED PRIORITIZATION OF SECURE TECH5 NOLOGICAL IMPROVEMENTS.—It is the sense of Congress 

6 that the Transit Authority should— 

7 (1) continue to prioritize the implementation of 

8 new technological systems that include robust cyber9 security protections; and 

10 (2) prioritize continued integration of new wire11 less services and emergency communications net12 works, while also leveraging partnerships with mobil13 ity services to improve the competitiveness of the 

14 core business. 

15 SEC. 11. ADDITIONAL REPORTING. 

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

17 date of enactment of this Act, the Comptroller General 

18 of the United States shall submit to the congressional 

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

20 (1) assesses whether the reforms required under 

21 section 5 (relating to strengthening the independ22 ence of the Office of Inspector General) have been 

23 implemented; and 

24 (2) assesses— 


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1 (A) whether the reforms required under 

2 section 8 have been implemented; and 

3 (B) the impact of those reforms on the 

4 capital planning process of the Transit Author5 ity. 

6 (b) CONGRESSIONAL COMMITTEES.—The congres7 sional committees described in this subsection are— 

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

9 Urban Affairs of the Senate; 

10 (2) the Committee on Homeland Security and 

11 Governmental Affairs of the Senate; 

12 (3) the Committee on Transportation and In13 frastructure of the House of Representatives; and 

14 (4) the Committee on Oversight and Reform of 

15 the House of Representatives. 

Æ 


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