Introduction of the Protect Riders of Metrorail Public Transportation Act of 2015

Floor Speech

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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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