[Congressional Record Volume 161, Number 153 (Tuesday, October 20, 2015)]
[Extensions of Remarks]
[Page E1487]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 INTRODUCTION OF THE PROTECT RIDERS OF METRORAIL PUBLIC TRANSPORTATION 
                              ACT OF 2015

                                 ______
                                 

                       HON. ELEANOR HOLMES NORTON

                      of the district of columbia

                    in the house of representatives

                       Tuesday, October 20, 2015

  Ms. NORTON. Mr. Speaker, I rise to introduce the Protect Riders of 
Metrorail Public Transportation Act of 2015 (PROMPT Act). I am joined 
by Ms. Edwards of Maryland and Mrs. Comstock of Virginia introducing 
this important piece of legislation that impacts our respective 
jurisdictions. The bill permits the U.S. Department of Transportation 
(DOT) Secretary to administer State safety oversight activities for the 
Washington Metropolitan Area Transit Authority until the District of 
Columbia, Virginia, and Maryland develop a State safety oversight 
program certified by the Secretary. The bill also permits the DOT 
Secretary to use the existing safety oversight formula funds set aside 
for the State Safety Oversight agency for transit safety oversight.
  Following the catastrophic 2009 WMATA Metrorail accident that killed 
nine residents of the region, Congress gave the Federal Transit 
Administration (FTA) safety oversight authority for transit rail 
systems as part of the Moving Ahead for Progress in the 21st Century 
Act (MAP-21). MAP-21 directed FTA to create and implement a national 
public transportation safety plan, and gave FTA the authority to set 
and enforce minimum safety standards for transit rail systems. MAP-21 
also gave FTA the authority to oversee state safety oversight programs 
for transit rail and provided $22 million annually nationwide for 
formula grants to eligible state safety oversight programs.
  On January 12, 2015, smoke filled a Metrorail train near the L'Enfant 
Plaza Metro Station in Washington, DC, killing one passenger and 
injuring at least 84 passengers. The National Transportation Safety 
Board (NTSB) launched an investigation of the incident, examining the 
cause of the accident and expects to issue a final report early next 
year. NTSB is also investigating the Tri-State Oversight Committee 
(TOC), which was charged with supervising Metro's rail safety oversight 
program, and the FTA, which has not yet issued any safety regulations 
nor created a national public transportation safety plan.
  Earlier this year, the FTA conducted a safety management inspection 
of WMATA's rail and bus systems and audited the Tri-State Oversight 
Committee. FTA identified 78 corrective actions for Metrorail to 
address 44 safety findings and 13 corrective actions for Metrobus to 
address 10 safety findings. FTA's audit of the TOC found significant 
gaps in safety oversight, with the TOC lacking enforcement authority 
and failing to meet MAP-21 legal and financial requirements. Among the 
FTA's recommendations was that the jurisdictions transition the TOC 
into the Metro Safety Commission, which was authorized by the DOT 
Secretary in February 2014.
  Following an August 6, 2015, derailment of a Metrorail train outside 
of the Smithsonian Metro Station, the NTSB issued an urgent 
recommendation to the DOT Secretary that Congress amend 45 U.S.C. 
1104(3) to list WMATA as a commuter authority, authorizing the Federal 
Railroad Administration (FRA) to exercise regulatory oversight of WMATA 
Metrorail. On October 9, 2015, the DOT Secretary responded to the NTSB 
recommendation by directing the FTA itself to take over direct safety 
oversight from the TOC. DOT will have available resources from FTA and 
FRA to implement direct safety oversight, which will include direct 
enforcement and investigation by FTA of WMATA Metrorail, and FTA will 
perform unannounced facility inspections and issuances of directives to 
address any safety inefficiencies.
  This bill codifies the DOT response to the NTSB recommendation and 
makes the funding that would go to the TOC available to DOT and FTA to 
carry out direct safety oversight. I believe WMATA Metrorail riders 
will be relieved that the FTA will take direct oversight of Metrorail 
until the DOT Secretary certifies that a fully functioning Metro Safety 
Commission is up and running.
  I urge my colleagues to support this legislation.

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