Title: Metro Safety, Accountability, and Investment Act of 2021
Policy area: Transportation and Public Works

Summary:
Metro Safety, Accountability, and Investment Act of 2021
This bill reauthorizes funding to the Washington Metropolitan Area Transit Authority (WMATA) contingent on certain changes to its governance and operations.
The bill reauthorizes capital and preventive maintenance grants to WMATA for FY2021-2030 as well as additional funding for capital and preventive maintenance projects and the WMATA Inspector General (IG).
The Department of Transportation (DOT) may not provide any amounts to WMATA until certain conditions are met, including that DOT (1) certifies that the WMATA Board of Directors has passed a resolution that reaffirms the IG as an independent and objective unit, (2) establishes and maintains the Jeanice McMillan Washington Metropolitan Area Transit Authority Track Safety Task Force, (3) establishes and maintains a Keith Dodson Washington Metropolitan Area Transit Authority Bus Safety Task Force, and (4) certifies that the WMATA General Manager has implemented procedures that establish documented policies and procedures for the capital planning process and require WMATA to improve the transit asset management planning process.

[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.
                                 <all>