[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4466 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 4466

  To provide funding flexibility to the Washington Metropolitan Area 
     Transit Authority, to grant authority to amend the Washington 
  Metropolitan Area Transit Authority Compact, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 28, 2017

   Mr. Brown of Maryland (for himself and Mr. Raskin) introduced the 
 following bill; which was referred to the Committee on the Judiciary, 
and in addition to the Committee on Transportation and Infrastructure, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To provide funding flexibility to the Washington Metropolitan Area 
     Transit Authority, to grant authority to amend the Washington 
  Metropolitan Area Transit Authority Compact, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``WMATA Flexible Funding and Safety 
Improvement Act''.

                     TITLE I--OPERATING ASSISTANCE

SEC. 101. FEDERAL OPERATING ASSISTANCE.

    Section 5307 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(i) Special Rule.--The Secretary may make grants under this 
section to finance the operating cost of equipment and facilities for 
use in an urbanized area with a population of not fewer than 200,000 
individuals, as determined by the Bureau of the Census, for a public 
transportation system that--
            ``(1) operates as an interstate compact agency by the terms 
        of its enabling legislation; and
            ``(2) is an agency and instrumentality of 3 signatories, 
        which have enacted legislation--
                    ``(A) to provide a dedicated source of revenue to 
                finance the operating costs of equipment and facilities 
                for use in public transportation; and
                    ``(B) that results in the collection of local and 
                State funds that cover at least 50 percent of such 
                operating costs.''.

    TITLE II--WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY COMPACT

SEC. 201. DEFINITIONS.

    In this title, the following definitions apply:
            (1) Compact.--The term ``Compact'' means title III of the 
        Washington Metropolitan Area Transit Regulation Compact, known 
        as the Washington Metropolitan Area Transit Authority Compact, 
        consented to by Congress under Public Law 89-774 (80 Stat. 1324 
        et seq.).
            (2) Deadhead miles.--The term ``deadhead miles'' means the 
        movement of a transit vehicle without passengers aboard, which 
        often occurs to and from a garage or to and from 1 route to 
        another.
            (3) Metroaccess.--The term ``MetroAccess'' means the 
        paratransit service of the Transit Authority for individuals 
        whose disability prevents them from using a bus or rail 
        facility.
            (4) Super-late trips.--The term ``super-late trips'' means 
        MetroAccess trips extending at least 20 minutes past the 
        delivery window.
            (5) Transit authority.--The term ``Transit Authority'' 
        means the Washington Metropolitan Area Transit Authority.

SEC. 202. AUTHORITY FOR COMPACT AMENDMENTS.

    (a) In General.--The consent of Congress is hereby granted for the 
State of Maryland, the Commonwealth of Virginia, and the District of 
Columbia to amend the Compact for the purposes described in this 
section.
    (b) Safety Task Forces.--The Compact may be amended to authorize 
the Transit Authority to establish and maintain--
            (1) the Jeanice McMillan Washington Metropolitan Area 
        Transit Authority Track Safety Task Force for the development 
        of on-track safety standards for the Transit Authority, as 
        provided by section 203; and
            (2) the Thomasine Maria Smith Washington Metropolitan Area 
        Transit Authority Bus Safety Task Force for the development of 
        bus safety standards for the Transit Authority, as provided by 
        section 204.
    (c) MetroAccess Review.--
            (1) In general.--The Compact may be amended--
                    (A) to direct the Inspector General for the Transit 
                Authority, prior to the renewal of any private 
                MetroAccess contract by the Transit Authority for the 
                provision of demand response services, to conduct a 
                review of the MetroAccess program and submit a report 
                on the results of the review in accordance with this 
                subsection; and
                    (B) to include the prohibition set forth in 
                paragraph (5).
            (2) Contents.--In conducting the review, the Inspector 
        General shall compare paratransit services provided under the 
        MetroAccess program to similar programs carried out by at least 
        30 peer transit agencies across the United States, including 
        systems that directly operate such services and systems that 
        purchase transportation for such services.
            (3) Scope.--The Inspector General shall ensure that the 
        scope of the review includes an examination of--
                    (A) percentage of deadhead miles;
                    (B) percentage of deadhead hours;
                    (C) passengers per revenue mile;
                    (D) average trip length;
                    (E) cost per revenue mile;
                    (F) cost per revenue hour;
                    (G) cost per unlinked trip;
                    (H) unlinked passenger trips per vehicle revenue 
                hour;
                    (I) unlinked passenger trips per vehicle revenue 
                mile;
                    (J) late trips;
                    (K) super-late trips; and
                    (L) additional related matters.
            (4) Submission of report.--Upon completion of the review, 
        the Inspector General shall submit a report on the results of 
        the review to the Governor of Maryland, the Governor of 
        Virginia, the Mayor of the District of Columbia, the President 
        of the Maryland Senate, the President of the Virginia Senate, 
        the Speaker of the Maryland House of Delegates, the Speaker of 
        the Virginia House of Delegates, and the Chairman of the 
        Council of the District of Columbia.
            (5) Prohibition.--If the results of the review indicate 
        that the Transit Authority ranks in the bottom half of transit 
        systems with respect to a majority of categories within the 
        scope of the review, the Transit Authority--
                    (A) shall not renew the MetroAccess contract that 
                triggered the review; and
                    (B) shall arrange to perform such services 
                directly.
    (d) Flat Fare, Free Transfer Pilot Program; Ability-Based Fares 
Program.--
            (1) In general.--The Compact may be amended to provide for, 
        in accordance with the requirements of this subsection--
                    (A) a flat fare, free transfer pilot program; and
                    (B) an ability-based fares program.
            (2) Flat fare, free transfer pilot program.--
                    (A) In general.--Under the flat fare, free transfer 
                pilot program authorized by paragraph (1), not later 
                than 90 days after the date of enactment of this Act, 
                the Transit Authority shall institute at each 
                participating Metrorail station, and widely publicize, 
                a 1-year flat fare consisting of--
                            (i) a flat fare of $2.50 for all Metrorail 
                        trips originating from the participating 
                        Metrorail station; and
                            (ii) free transfers at the participating 
                        Metrorail station between Metrorail and 
                        Metrobus.
                    (B) Selection of participating metrorail 
                stations.--The Transit Authority shall select 3 
                Metrorail stations for participation in the pilot 
                program, one of which shall be located in Maryland, one 
                of which shall be located in Virginia, and one of which 
                shall be located in the District of Columbia.
                    (C) Report.--
                            (i) In general.--The Transit Authority 
                        shall develop a report on the results of the 
                        pilot program.
                            (ii) Contents.--In developing the report, 
                        the Transit Authority shall examine--
                                    (I) bus and rail ridership at 
                                Metrorail stations participating in the 
                                pilot program, comparing data from the 
                                period of the pilot program to the 2 
                                previous years; and
                                    (II) ridership patterns at other 
                                nearby Metrorail stations compared to 
                                the 2 previous years.
                            (iii) Submission.--Not later that 90 days 
                        after the termination of the pilot program, the 
                        Transit Authority shall submit the report to 
                        the Governor of Maryland, the Governor of 
                        Virginia, the Mayor of the District of 
                        Columbia, the President of the Maryland Senate, 
                        the President of the Virginia Senate, the 
                        Speaker of the Maryland House of Delegates, the 
                        Speaker of the Virginia House of Delegates, and 
                        the Chairman of the Council of the District of 
                        Columbia.
                            (iv) Consideration of report results.--If 
                        the report indicates that there was significant 
                        ridership growth at participating Metrorail 
                        stations as a result of the pilot program, the 
                        Transit Authority shall consider system-wide 
                        implementation of a successor program that is 
                        based on the pilot program.
            (3) Ability-based fares program.--
                    (A) In general.--Under the ability-based fares 
                program authorized by paragraph (1), not later than 90 
                days after the date of enactment of this Act, the 
                Transit Authority shall implement a fare system, to be 
                known as the lifeline fare system, that takes into 
                account the ability of a passenger to pay.
                    (B) Eligibility.--The lifeline fare system shall 
                provide a 50-percent discount for residents whose 
                incomes are at least 200 percent below the Federal 
                poverty level.

SEC. 203. JEANICE MCMILLAN WASHINGTON METROPOLITAN AREA TRANSIT 
              AUTHORITY TRACK SAFETY TASK FORCE.

    The amendments to the Compact referred to in section 202(b)(1) are 
substantially as follows:
    ``(a) Establishment of Track Safety Task Force.--There is 
established the Jeanice McMillan Washington Metropolitan Area Transit 
Authority Track Safety Task Force.
    ``(b) 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.
    ``(c) Standards.--The Task Fore shall conduct the review 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.
    ``(d) Membership.--
            ``(1) In general.--The Task Force shall be composed of 4 
        members as follows:
                    ``(A) The Chairman of the Washington Metrorail 
                Safety Commission (or the Chairman's designee).
                    ``(B) The Chief Safety Officer of the Washington 
                Metropolitan Area Transit Authority (or the Chief 
                Safety Officer's designee).
                    ``(C) The Deputy Chief of Rail Safety and 
                Facilities of the Washington Metropolitan Area Transit 
                Authority (or the Deputy Chief's designee).
                    ``(D) The President of Amalgamated Transit Union, 
                Local 689 (or the President's designee).
            ``(2) Chair.--The Chairman of the Washington Metrorail 
        Safety Commission (or the Chairman's designee) shall be the 
        Chair of the Task Force.
            ``(3) Meetings.--The Task Force shall meet at the call of 
        the Chair, but in no event less than 4 times per year. 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 the members shall be entitled to reimbursement 
        for actual and necessary expenses incurred in the performance 
        of their duties.
    ``(e) On-Track Safety Program.--
            ``(1) Reports.--Not later than 1 year after the date of 
        enactment of the WMATA Flexible Funding and Safety Improvement 
        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 the Governor of Maryland, the 
        Governor of Virginia, the Mayor of the District of Columbia, 
        the President of the Maryland Senate, the President of the 
        Virginia Senate, the Speaker of the Maryland House of 
        Delegates, the Speaker of the Virginia House of Delegates, and 
        the Chairman of the Council of the District of Columbia.
            ``(3) Implementation of material modifications.--
                    ``(A) In general.--Prior to the implementation of 
                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.--Upon receipt of written notice of a 
                material modification under subparagraph (A), the Task 
                Force shall review the modification at the next meeting 
                of the Task Force.
                    ``(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 its employees, customers, or 
                third parties.
    ``(f) Annual Inspection.--
            ``(1) In general.--The Task Force shall--
                    ``(A) conduct an annual inspection of the 
                compliance by the Transit Authority with the on-track 
                safety program; and
                    ``(B) on or before July 1, 2019, and each year 
                thereafter, issue to the Transit Authority a report 
                detailing its findings.
            ``(2) Response.--Not later than 90 days after the date of 
        receipt of a report under paragraph (1), the Transit Authority 
        shall provide written notice to the Task Force of the actions 
        of the Task Force, if any, implemented or to be implemented in 
        response to the report.
    ``(g) Definitions.--In this section, the following definitions 
apply:
            ``(1) On-track safety program.--The term `on-track safety 
        program' means the on-track safety program of the Transit 
        Authority.
            ``(2) Task force.--The term `Task Force' means the Jeanice 
        McMillan Washington Metropolitan Area Transit Authority Track 
        Safety Task Force established under subsection (a).
            ``(3) Transit authority.--The term `Transit Authority' 
        means the Washington Metropolitan Area Transit Authority.''.

SEC. 204. THOMASINE MARIA SMITH WASHINGTON METROPOLITAN AREA TRANSIT 
              AUTHORITY BUS SAFETY TASK FORCE.

    The amendments to the Compact referred to in section 202(b)(2) are 
substantially as follows:
    ``(a) Establishment of Bus Safety Task Force.--There is established 
the Thomasine Maria Smith Washington Metropolitan Area Transit 
Authority Bus Safety Task Force.
    ``(b) 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.
    ``(c) Membership.--
            ``(1) In general.--The Task Force shall be composed of 3 
        members as follows:
                    ``(A) The Chief Safety Officer of the Washington 
                Metropolitan Area Transit Authority (or the Chief 
                Safety Officer's designee).
                    ``(B) The Deputy Chief of Bus and MetroAccess of 
                the Washington Metropolitan Area Transit Authority (or 
                the Deputy Chief's designee).
                    ``(C) The President of Amalgamated Transit Union, 
                Local 689 (or the President's designee).
            ``(2) Chair.--The Chief Safety Officer of the Washington 
        Metropolitan Area Transit Authority (or the Chief Safety 
        Officer's designee) shall be the Chair of the Task Force.
            ``(3) Meetings.--The Task Force shall meet at the call of 
        the Chair, but in no event less than 4 times per year. 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 the members shall be entitled to reimbursement 
        for actual and necessary expenses incurred in the performance 
        of their duties.
    ``(d) Bus Safety Program.--
            ``(1) Reports.--Not later than 1 year after the date of 
        enactment of the WMATA Flexible Funding and Safety Improvement 
        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 the Governor of Maryland, the 
        Governor of Virginia, the Mayor of the District of Columbia, 
        the President of the Maryland Senate, the President of the 
        Virginia Senate, the Speaker of the Maryland House of 
        Delegates, the Speaker of the Virginia House of Delegates, and 
        the Chairman of the Council of the District of Columbia.
            ``(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.--Upon receipt of written notice of a 
                material modification under subparagraph (A), the Task 
                Force shall review the modification at the next meeting 
                of the Task Force.
                    ``(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 its employees, customers, or 
                third parties.
    ``(e) Annual Inspection.--
            ``(1) In general.--The Task Force shall--
                    ``(A) conduct an annual inspection of the 
                compliance by the Transit Authority with the bus safety 
                program; and
                    ``(B) on or before July 1, 2019, and each year 
                thereafter, issue to the Transit Authority a report 
                detailing its findings.
            ``(2) Response.--Not later than 90 days after the date of 
        receipt of a report under paragraph (1), the Transit Authority 
        shall provide written notice to the Task Force of the actions 
        of the Task Force, if any, implemented or to be implemented in 
        response to the report.
    ``(f) Definitions.--In this section, the following definitions 
apply:
            ``(1) Bus safety program.--The term `bus safety program' 
        means the bus safety program of the Transit Authority.
            ``(2) Task force.--The term `Task Force' means the 
        Thomasine Maria Smith Washington Metropolitan Area Transit 
        Authority Bus Safety Task Force established under subsection 
        (a).
            ``(3) Transit authority.--The term `Transit Authority' 
        means the Washington Metropolitan Area Transit Authority.''.
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