[Senate Hearing 111-]
[From the U.S. Government Publishing Office]
TRANSPORTATION AND HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES
APPROPRIATIONS FOR FISCAL YEAR 2011
----------
WEDNESDAY, MAY 19, 2010
U.S. Senate,
Subcommittee of the Committee on Appropriations,
Washington, DC.
The subcommittee met at 4:09 p.m., in room SD-138, Dirksen
Senate Office Building, Hon. Patty Murray (chairman) presiding.
Present: Senators Murray and Mikulski.
Also present: Senator Cardin.
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY
STATEMENT OF HON. PETER BENJAMIN, CHAIRMAN, BOARD OF
DIRECTORS
OPENING STATEMENT OF SENATOR PATTY MURRAY
Senator Murray. Good afternoon. This subcommittee will come
to order.
Our apologies for being late this afternoon, we are having
votes on the floor and could not get here in time. So I
apologize to all of our witnesses and all those who are here,
but we are here and ready to go.
And this afternoon, we are holding a hearing on the
President's budget request for the Washington Metropolitan Area
Transit Authority [WMATA]. We are going to be hearing testimony
from Senator Cardin. He is going to be joining us here in just
a few minutes.
We will have two panels. The first panel following Senator
Cardin will include the Chairman of WMATA Board of Directors,
Mr. Peter Benjamin, and Mr. Richard Sarles, the Interim General
Manager.
The second panel will consist of three witnesses: Ms.
Jackie Jeter, who is the president of Local 689 of the ATU; Mr.
Jack Corbett, director of MetroRiders.org; and Mr. Francis
DeBernardo, chairman of the Riders' Advisory Council.
I want to welcome all of our witnesses at this time and
really appreciate your being here today.
Metro has often been called the jewel of the Washington, DC
area's transportation system. It is a web of rail and bus lines
that reaches into almost every neighborhood across the region.
On a typical work day, it carries passengers on more than 1.2
million trips, making it the second-largest heavy rail and
sixth-largest bus transit system in the Nation.
Its trains and buses cross two States and the District,
offering mobility, reducing congestion, and reducing air
pollution. For those neighborhoods clustered around its
stations, it is a proven engine for economic development. Its
difficulties--management, financial, and especially safety--
have been deeply troubling to this subcommittee, which have
long been a champion of public transit and strong supporter of
Metro.
In the past year, 13 people have died in 4 separate
accidents at Metrorail, including 8 passengers and 5 employees.
All of these accidents were preventable, which is a tragic
indictment of management and the agency's safety culture.
Like many other transit systems around the country, Metro
faces a severe operating budget shortfall, and its Board of
Directors is considering significant fare increases that are
required to restore the system's financial footing. Given the
need to also replace much of Metro's aging rail fleet, parts of
which date to the 1970s, and upgrade its track signaling
systems, fare increases and other steps to increase revenues
and control costs are unavoidable. They are also essential to
any future growth of the system since financial stability is a
key requirement for support from the highly competitive New
Starts program administered by the Federal Department of
Transportation.
Tackling these challenges is the responsibility of Metro's
board and its new interim general manager, Mr. Sarles, and they
clearly have their work cut out for them. Just 2 weeks ago, we
saw communications delays and confusion over what could have
potentially been a serious incident at Wheaton station.
That said, I am encouraged by the efforts to restore a
culture centered on safety, where safety is considered and
factored into every decision concerning operations. In recent
weeks, Metro has hired a new Chief Safety Officer committed to
filling key vacancies in its Safety Division, taken steps to
increase track worker safety, and committed to address the
findings of the FTA's highly critical review by the end of the
summer.
It is still early, and changing any complex organization,
even one with large numbers of dedicated workers such as Metro,
does not happen quickly. Metro's problems did not develop
overnight, and some solutions will require time and commitment.
For that reason, Metro must be relentless on this point. Its
passengers, employees, and the taxpayers will expect nothing
less.
The real test for Metro's new leadership will be its
ability to demonstrate continued progress, the most visible
sign of which will be the absence of further accidents, as well
as upgrading the system to better serve its riders. The Federal
Government is supporting Metro's efforts to right itself, both
through the technical assistance provided by the Department of
Transportation, as well as through direct appropriations.
Last year, Congress provided almost $200 million in
stimulus funding on top of the $239 million in formula and bus
grant funding awarded to Metro. For fiscal year 2010, Congress
added a further $150 million to support Metro capital and
preventive maintenance expenses, focusing on those investments
that most improve safety. This was in addition to the $85
million appropriated for the Dulles airport extension.
I was pleased to see the administration continue both
investments in Metro in its fiscal year 2011 budget, with
another $150 million requested for capital expenses and $96
million for the Dulles extension. I trust this strong
demonstration of support will encourage Metro's three funding
partners to continue to meet their responsibilities toward the
system as well.
During this hearing, we will have the opportunity to look
into these important issues. It is impossible to imagine the
Washington region without Metro. It has transformed the city
and the region, and we owe it to present and future generations
to not just maintain it, but to make it better.
So I look forward to the testimony today, and I want to
thank Senator Mikulski, who has been absolutely wonderful in
helping us put this hearing together. Her adamant support of
the system and making sure it works right is a real tribute to
her work as a Senator from Maryland. And I am delighted she is
here today.
Senator Mikulski.
STATEMENT OF SENATOR BARBARA A. MIKULSKI
Senator Mikulski. Thank you very much, Chairwoman Murray.
I want to thank you for holding this very important hearing
on the WMATA budget.
I know that we will be very shortly joined by Senator
Cardin, and I want to thank those in the audience for their
patience while we were working through some parliamentary
quagmire on the financial service bill.
We want to thank you for your courtesy to allow us all to
participate. As a member of the subcommittee, we appreciate
that you have expanded it. Senator Warner is on the Banking
Committee and is on the floor with Senator Webb. We hope they
will join us.
But Senator Murray, I also would ask unanimous consent,
before I begin my remarks, to put into the record a letter from
Governor O'Malley. Governor O'Malley wishes to inform you
through me that he is committed to providing Maryland's full
share for the regional funding to match the statutory Federal
investment in WMATA.
There was some confusion about that. He wanted to assure
you in the strongest possible way that Maryland will meet its
commitment. However, he does call for budget reform with WMATA
and encourages that they go to a 6-year capital program,
updates on their budget process, and so on. I would like to
discuss that with you at a later time, but I ask unanimous
consent that the Governor O'Malley letter be in the record.
Senator Murray. The letter will be put into the record.
[The information follows:]
Office of the Governor,
State of Maryland, May 18, 2010.
The Honorable Barbara A. Mikulski,
United States Senate,
503 Hart Senate Office Building, Washington DC 20510.
Dear Senator Mikulski: The State of Maryland is committed to
providing its full share of the regional funding to match statutory
Federal investment in the Washington Metropolitan Area Transit
Authority (WMATA). In order to qualify for $1.5 billion in Federal
funding dedicated for WMATA system preservation over 10 years, the
Maryland Department of Transportation (MDOT) Consolidated
Transportation Program (CTP) reflects annual on-going contributions of
$50 million--100 percent of our share of the region's matching funds.
To ensure these funds are programmed and managed responsibly, we
and our partner jurisdictions are calling for WMATA to develop and
implement a capital programming process much like the one the MDOT has
used for over 30 years. The key elements of the process include:
--A 6-year capital program period;
--Formal annual updates as part of the budget process; and
--Quarterly reviews focusing on project cost, schedule and scope
changes, updated project cash-flow projections, and revised
estimates of overall capital program components.
I thank you for your efforts to secure dedicated Federal funding
for WMATA as we all work to ensure the safety, security and reliability
of transit in the national capital region. We were the first of the
three jurisdictions to program our matching funds, have always
fulfilled our funding commitments to WMATA, and assure you that WMATA
funding will continue to be a top priority for Maryland in the years
ahead. For further information, you may contact me at any time or
direct your questions to MDOT Secretary Beverley K. Swaim-Staley at
410-865-1001.
Sincerely,
Martin O'Malley,
Governor.
Senator Mikulski. And to assure you of that.
Also, Senator Murray, there was concern, and I would want
to work with you on this, that as we go forward with our
statutory requirement of $150 million, that States and
localities do not reduce their money. That this money was in
addition to the contributions that were pledged by State and
local governments. So we are in addition to. We are not in lieu
of what either Maryland, Virginia, or the District of Columbia,
the Virginia localities would contribute.
As we work on this bill, I would like to talk with you
about a requirement that there be maintenance of effort by all
of those who are signatories to their original agreements.
Senator Murray. I would be happy to discuss that with you.
Senator Mikulski. But, you know, we need the will, a
wallet, and a way. While often this hearing focuses on the
wallet, we have to talk about what is the way forward, and do
we have the will and the methods to accomplishment?
You rightly have identified that Metro's safety and
operational reliability is absolutely critical. It affects
daily riders for those who come to the Capital, for those who
commute from within the region, or others who come from around
the world. It is important to those who work at the Metro,
operating the trains, fixing the tracks, managing the stations.
Madam Chair, you have to know, and others, that we have
been very impatient with Metro; we don't want any more
promises, memos, or laundry lists. We need action on safety. I
hope at today's hearing we can get into the specifics of what
Metro has done already to improve safety? What do they plan to
do? And how have we made progress?
I would hope that we could get into their measurements in
metrics to really identify, have they made progress in both
improving their safety systems, the personnel involved in the
safety systems, and in the leadership and the changing of the
culture. You might be interested to know that Metro has no line
item in its budget for safety, or maybe it has been recently
added as a result of some of the new initiatives that we have
encouraged them to take.
Like you, I am very impatient over the fact that it has
been almost 1 year since the deadly crash at Metro. Thirteen
more people have died: eight Metro riders; and five Metro
employees. These aren't numbers. These aren't statistics. These
are human beings.
We have had audits. We have reports. We have
recommendations. We need action. Audits, reports, and
recommendations are a pathway, but now we need action.
I remain just as worried about the safety of Metro as I was
last June. We are now 11 months from that tragic crash, and we
need to have a sense of urgency. What results does Metro have
to show? The Federal Transit Administration [FTA] audit found
persistent, ongoing, and systemic problems, and a Metro Safety
Department, actually, initially barely functional.
At various points, Metro leadership was ignorant of safety
when they made budget decisions, and also they were not getting
regular safety reports. So, today, I hope we can see what is
the change, how has it changed, and for the Federal
Government's contribution of $150 million, what kind of change
are we going to get for their money?
Madam Chair, I want to acknowledge, both to you and to all
here, all of us need to be safety officers. It is not only the
people who operate who are charged at the Metro, but also all
of us--those of us who fund it, and those of us who have
political responsibility for it. We all need to commit
ourselves to being safety officers.
We need to know, as I said, what has Metro done to improve
the safety, implement the FTA audit recommendations, and what
are the mechanisms they have in place to measure their
performance?
Metro is America's subway. This is an annual dedicated
funding that is authorized. We ask you to continue the $150
million Federal contribution, but for our money, we want
safety, operational reliability, and a way that will also be
sustained. We really do want to insist on those outcomes.
Senator Murray. Senator Mikulski, thank you so much for
your opening statement.
I know we are waiting for Senator Cardin. He will be here
in just a minute. I would like both of our first witnesses, Mr.
Sarles and Mr. Benjamin, to come up to the table, and we will
take their testimony while we are waiting for Senator Cardin to
do that.
I am going to have to apologize. I have been called back
over to the floor, Senator Mikulski. And I will ask Senator
Mikulski to chair this hearing and to take the testimony. And
if I am not able to return in time, Mr. Sarles and Mr.
Benjamin, I do have questions from the subcommittee that I will
submit to you for writing.
But Senator Mikulski, if you would not mind, if I could
turn the chair over to you for a short while here?
Senator Mikulski. Be happy to do it. If you can come back,
we will look forward it. If not, we will move expeditiously.
Senator Murray. Okay. With that----
Senator Mikulski. Mr. Benjamin and Mr. Sarles. Mr. Sarles
is the Interim General Manager, and Mr. Benjamin is the
Chairman of the Board.
Senator Murray. Thank you.
Senator Mikulski [presiding]. Okay. Thank you.
You may proceed.
STATEMENT OF HON. PETER BENJAMIN
Mr. Benjamin. Senator Mikulski, the comments that you have
made and those by Chairman Murray are exactly right, and I am
not sure that I can say them much better. I will try anyway to
give my testimony.
I am honored to appear before you today as the Chairman of
the Board of Directors of the Washington Metropolitan Area
Transit Authority. Metro's General Manager, Richard Sarles,
will cover this agency's specific initiatives with regard to
improved safety and service. I would like to provide the
context for Metro's fiscal year 2011 appropriations request by
giving the subcommittee some background about the Metro system
and our capital needs.
First, let me quote from a letter which President Lyndon
Johnson wrote to Congress in 1965. ``The problem of mass
transportation in the Washington area is critical. It is also a
problem in which the Federal Government has a unique interest
and responsibility. Improved transportation in this area is
essential for the continued and effective performance of the
functions of the Government of the United States, for the
welfare of the District of Columbia, and for the orderly growth
and development of the national capital region.''
In 1966, Congress responded by authorizing the creation of
the Washington Metropolitan Area Transit Authority as an
interstate compact. Today, the Federal Government is uniquely
dependent on Metro, something that distinguishes Metro from
other U.S. transit systems. One-half of all Metro stations are
located at Federal facilities, and over 40 percent of peak
ridership consists of Federal employees.
A quick listing of some of our rail stations demonstrates
Metro's close connection to the Federal Government--Federal
Triangle, Smithsonian, Capitol South, Navy Yard, Pentagon, and
Arlington Cemetery, to name a few. The Federal Government is
particularly reliant on Metro for special national events, such
as inaugurals and state funerals, transportation of visitors to
the Nation's capital, and persons doing business with the
Federal Government.
Without Metro, it is hard to imagine how this region would
have handled the massive influx of visitors who came to attend
the inauguration of President Obama in January 2009. Federal
disaster recovery plans in this region rely heavily on Metro,
and Metro played a key role on September 11 in moving people
out of the downtown core.
Congress recognized the Federal Government's unique
relationship with Metro when it passed the Passenger Rail
Investment and Improvement Act of 2008, PRIIA, which authorized
$1.5 billion for Metro's capital and preventive maintenance
needs to be equally matched by Metro's State and local funding
partners.
I want to thank this subcommittee and your colleagues in
Congress for appropriating the first installment of that
authorization last year. We are requesting that another $150
million be appropriated in Federal fiscal year 2011, as
provided for in the President's fiscal year 2011 budget.
PREPARED STATEMENT
On behalf of Metro's Board of Directors, I thank you for
your long history of support for Metro and your leadership in
providing funding for the rehabilitation of Metro facilities
and the replacement of Metro equipment. It is no understatement
to say that just as the Federal Government depends on Metro,
the future of Metro depends upon the Federal Government and the
funding authorized under PRIIA.
Thank you for allowing me to testify today. I look forward
to answering your questions.
[The statement follows:]
Prepared Statement of Hon. Peter Benjamin
Madam Chairman, Ranking Member Bond, and members of the
subcommittee, I am honored to appear before you today as the Chairman
of the Board of Directors of the Washington Metropolitan Area Transit
Authority (Metro). Metro's General Manager, Richard Sarles, will cover
the agency's specific initiatives with regard to improved safety and
service. I would like to provide the context for Metro's fiscal year
2011 appropriations request by giving the subcommittee some background
about the Metro system and our capital needs.
metro serves the federal government
The problem of mass transportation in the Washington area is
critical. It is also a problem in which the Federal Government has a
unique interest and responsibility . . . improved transportation in
this area is essential for the continued and effective performance of
the functions of the Government of the United States, for the welfare
of the District of Columbia, [and] for the orderly growth and
development of the National Capital region.----President Lyndon
Johnson, 1965 letter to Congress.
It may surprise you to learn that Metro's relationship with the
Congress began over 100 years ago, just a few yards away from where we
are sitting today. In 1906, when the subway was built connecting the
U.S. Capitol to the Senate Office Building (now the Russell Building),
people started thinking about building a subway for the city. The
Washington Post published an article in 1909 titled, ``Why Not a Real
Subway System for Washington?'' A 1931 Post article included a map of
downtown Washington showing possible subway routes.
In 1955, Congress became directly involved in the discussion, and
approved $500,000 to have the National Capital Planning Commission
conduct a ``Mass Transportation Survey'' for the Washington region. The
results of that survey led to passage of the National Capital
Transportation Act of 1960, which created an independent Federal agency
to plan a regional system of highways and mass transit to serve the
Nation's Capital. In 1966, Congress authorized the creation of the
Washington Metropolitan Area Transit Authority as an interstate compact
agency of the State of Maryland, the Commonwealth of Virginia, and the
District of Columbia to plan, finance and construct a rail transit
system for the region, and early the following year Metro was ``born.''
Today, the Federal Government is uniquely dependent upon Metro,
something that distinguishes Metro from other U.S. transit systems.
One-half of all Metrorail stations are located at Federal facilities,
and about 40 percent of peak ridership consists of Federal employees. A
quick listing of some of our rail stations demonstrates Metro's close
connection to the Federal Government: Federal Triangle, Smithsonian,
Capitol South, Navy Yard, Pentagon, and Arlington Cemetery, to name a
few. It is not surprising that in 2005, a ``Blue Ribbon'' report found
that the Federal Government, the region's largest employer, is the
``largest single beneficiary'' of Metro.
The Federal Government is particularly reliant on Metro for special
national events such as inaugurals and State funerals, transportation
of visitors to the Nation's Capital and persons doing business with the
Federal Government. Without Metro, it is hard to imagine how this
region would have handled the massive influx of visitors who came to
attend the inauguration of President Obama in January 2009. Metro
carried 1.5 million riders on Inauguration Day, providing attendees
with a convenient--albeit crowded--transportation alternative.
Federal disaster recovery plans in this region rely heavily on
Metro, and Metro played a key role on September 11, 2001, in moving
people out of the downtown core. People were able to rush home to their
families because Metro employees stayed on the job, operating trains
and buses, staffing stations, and coordinating service from a command
center. Other Federal plans, such as the BRAC-related consolidation of
Walter Reed Army Medical Center and Bethesda Naval Hospital, also
depend upon Metro; the consolidated facility, which will serve tens of
thousands of patients and visitors annually, will be located at the
Medical Center Metrorail station.
In fact, it is fair to say that Metro is the backbone of daily
Federal Government operations. During the recent snowstorms, when it
was impossible to operate Metrobuses safely on surface streets and to
run Metrorail trains on above-ground tracks, the Federal Government
decided to close. With well over 100,000 Federal employees regularly
commuting by Metro, and thousands of others using Metro to access
Federal facilities every day, the Federal Government depends heavily
upon the system.
metro's capital needs
Congress recognized the Federal Government's unique relationship
with Metro when it passed the Passenger Rail Investment and Improvement
Act of 2008 (``PRIIA'', Public Law 110-432), which authorized $1.5
billion for Metro's capital and preventive maintenance needs, to be
equally matched by Metro's State and local funding partners. I want to
thank this subcommittee and your colleagues in Congress for
appropriating the first installment of that authorization last year. We
are requesting that another $150 million be appropriated in Federal
fiscal year 2011, as provided for in the President's fiscal year 2011
budget request.
Why is this funding so important to Metro? Because we have a 34-
year old rail system, which is not like it used to be when it was new.
It has old rail cars, track bed, power equipment, and communications
systems. More than one-half of our bus garages are over 50 years old
and some buses are 15 years old. As the equipment and facilities age
they become less reliable, break down more often, and need more
maintenance. We have to replace our tracks, trains, and buses, and must
rehabilitate our stations, bridges, and maintenance facilities. We have
30-year-old ventilation, lighting, and communications systems which
must be maintained or replaced. Some of our station platforms are
crumbling, our escalators and elevators need major repairs, and water
is leaking into our tunnels. We must do all of the work required while
providing service to hundreds of thousands of customers daily.
We have been fortunate in that our funding partners--the Federal
Government as well as the State and local jurisdictions that we serve--
have demonstrated strong support for Metro's capital program. As a
result, Metro has been able to build out and operate a full 106-mile
rail system, run a fleet of 1,500 buses, and provide paratransit
service to thousands of customers with disabilities. We have also been
able to make a number of critical investments in the system, including,
for the first time, running 8-car trains. (When the Metro system first
opened in 1976, we ran 4-car trains--hard to imagine today!)
Going forward, however, Metro needs increased investment to keep
the system in a state of good repair. We are currently developing our
capital program for the next 6 years. I expect that our State and local
funding partners will not only continue, but will increase, their
current level of funding to Metro, and in addition will match the new
Federal funding stream authorized in PRIIA. The PRIIA funding itself is
essential not just to leverage these additional contributions, but to
help us at Metro address our most critical needs, such as replacing our
oldest rail cars and rehabilitating our oldest segments of track.
I hope that I have made clear why this funding is important to
Metro. I hope that it is also clear why this funding should be
important to the Congress. The PRIIA funds will allow us to make
urgently needed investments in the aging infrastructure of our system
so that we can continue to provide Federal employees, residents of the
metropolitan area, and visitors to the Nation's capital from across the
Nation and around the world, with safe and reliable service. Annual
appropriations under PRIIA are essential if we are to keep our system
in a state of good repair.
On behalf of Metro's Board of Directors, I thank you for your long
history of support for Metro and your leadership in providing funding
for the rehabilitation of Metro facilities and replacement of Metro
equipment. It is no understatement to say that just as the Federal
Government depends upon Metro, the future of Metro now depends upon the
Federal Government and the funding authorized under PRIIA. Thank you
for allowing me to testify today, and I look forward to answering the
subcommittee's questions.
Senator Mikulski. Mr. Sarles, before I call upon you, may I
recognize Senator Cardin.
Senator Cardin.
STATEMENT OF SENATOR BENJAMIN L. CARDIN
Senator Cardin. Thank you, Madam Chair. Senator Mikulski,
thank you very much. You don't have to leave the table. I don't
mind being associated with Metro, I'm a big supporter of the
Transit Authority.
As Senator Mikulski knows, we were interrupted because of
some votes, and I apologize for being a few minutes late. But I
would ask consent that my full statement and letter that I
authored to President Obama in December be made part of the
record.
[The statement follows:]
Prepared Statement of Senator Benjamin L. Cardin
Thank you Chairman Murray and Ranking Member Bond for holding this
hearing, and thank you Sen. Mikulski for inviting me to address the
subcommittee about the Federal Government's increased commitment to
invest in the Washington Metropolitan Area Transit Authority.
Last year, the Greater Washington Congressional Delegation fought
hard for the much needed transportation appropriation we secured for
WMATA. In working with the members of this subcommittee and the full
committee we were able to get it done and for that I am grateful. I
appreciate that the appropriators recognize the important role Metro
plays in the function of the Federal Government, including Congress.
In December, I read a letter to President Obama urging him to
include Metro in his budget. I ask for unanimous consent that a copy of
this letter signed by Senators Mikulski, Webb, Warner and me be
submitted for the record. I applaud and support the administration's
request of $150 million in fiscal year 2011 for Metro.
This demonstrates the President's commitment to smart growth, his
recognition that it is in the Federal Government's interest to
alleviate and not contribute to terrible traffic congestion in the
Greater Washington Area--ranked the 2nd worst in the United States only
behind Los Angeles, how integral a part of the region's transportation
network Metro is and more broadly how transit fits into the Nation's
transportation goals for the future. His budget request for Metro is in
keeping with the October 9, 2009 Executive Order (No. 13514) on Federal
Sustainability and the administration's efforts to reduce the Federal
Government's carbon footprint, including its workforce.
It also shows the administration's recognition of how important
Metro and ``America's Subway'' system is to the function of the
Government. We learned from this February's snowstorms that the Federal
Government in fact cannot function without Metro. The Office of
Personnel Management based its decision to shutdown the Federal
Government on WMATA's inability to operate above-ground rail lines
during the storms. This not only points out the Federal Government's
reliance on Metro, but also highlights Metro's lack of resources to
operate in weather conditions that other city transit systems like
Chicago, New York or Boston could work through.
Every work day, Metro provides tens of thousands of Federal
employees rides to work. During peak ridership, more than 40 percent of
riders on Metro are Federal employees and 10 percent of the overall
ridership serves Congress and the Pentagon alone. Metrorail's alignment
was designed to serve the Federal Government, with more than one-half
of the system's stations located at or near Federal buildings. GSA has
also established guidance that requires all new Federal facilities in
the Greater Washington Area be Metro Proximate.
I believe that the Federal Government has a clear financial
interest in the operation of Metro. Likewise, I believe the Federal
Government must play a greater role in ensuring the safety of Metro for
its riders and employees.
Safe and reliable operation of the Metro System is a top priority
for me and the Greater Washington Area delegation.
Revelations from the March NTSB hearing into the ongoing
investigation of the June 22, 2009, fatal accident on the Red Line near
Fort Totten, as well as discoveries made by the FTA through its Safety
Audit of WMATA provided overwhelming evidence that Metro needs to look
inward and make serious efforts to revise its approach to operating the
system safely.
Metro needs to work hard to establish a culture of safety that
starts from the General Manager office and the Board of Directors on
down through the various leaders of departments within WMATA and
throughout the system's operators.
We have heard directly from interim General Manager, Richard
Sarles, and Board Chairman Peter Benjamin about the changes being made
at Metro to improve safety. However, during our meeting last week in
Senator Mikulski's office, on the afternoon of May 5, there was an
emergency braking situation on the Red Line in Wheaton. The incident
was not reported to the Tri-State Oversight Commission within 2 hours
of the incident, as per WMATA's protocol, nor was the Board or General
Manager immediately informed of the incident.
I appreciate how forthcoming WMATA is with information surrounding
this incident after the fact. I am pleased to know that even though the
train operator may not have needed to take the actions he did, that he
is not being punished for being cautious and causing the disruption.
That said, this incident reveals that lapses in protocol are still an
issue at WMATA.
I am committed to working with my congressional colleagues, the
Federal Transit Administration and the leadership at the Washington
Metropolitan Transit Authority to make safety an operational priority
at Metro and restore public confidence in the system. I want more than
just verbal commitments to improve safety from WMATA and I want to see
measurable results.
If the Federal Government increases its investment in the system,
it should also increase its oversight of operations and capital
projects, so as to ensure that tax dollars are being well spent. I am
confident that we will find a way forward through:
--Increased Federal regulatory authority and oversight, as called for
by the FTA; and
--Increased openness and transparency at WMATA.
The FTA is prohibited by law from establishing national safety
standards, requiring Federal inspections, or dictating operating
practices. However, Senators Dodd, Menendez, Mikulski, and I introduced
The Public Transportation Safety Program Act that will require the
Transportation Secretary to establish and implement a comprehensive
Public Transportation Safety program.
This legislation will give the FTA the ability to take decisive
actions such as conducting inspections, investigations, audits,
examinations of (Federally funded) public transportation systems. This
legislation establishes the type of safety enforcement authority for
the FTA that already exists within the Federal Railroad
Administration's authority over safety rules for commuter rail systems
or the Federal Motor Carrier Safety Administration's ability to
establish enforceable safety guidance for commercial truck drivers.
It makes sense for public transit systems that receive Federal
funding to meet Federal safety requirements set by the FTA. It makes
even more sense to grant FTA a degree of Federal authority to establish
safety guidance, particularly when it comes to WMATA, given Metro's
unique relationship to the Federal Government.
In July 2009, FTA Administrator Peter Rogoff, in testimony before
the House Oversight and Government Reform Committee made special note
of the fact that WMATA does not have a dedicated revenue stream, rather
it relies heavily on Congressional Appropriations which may fluctuate
from year to year.
While the President's request for $150 million for Metro is an
example of such special appropriations, it sends an important signal
that the Federal Government recognizes the need to invest in Metro.
Fortunately, Congress has taken an important step forward to remedy
this situation. The Senate recently passed a new Metro Compact further
advancing the final step in authorizing a 10 year $1.5 billion
authorization providing Metro with a dedicated funding stream to ensure
the safe and efficient operation of the system.
For years, while Metro was a relatively new transit system, Metro
was the epitome of safe, reliable and modern public transit. After 34
years of operation, the results of placing disproportionate resources
toward growing the system rather than attending to the growing backlog
of repairs and maintenance needs of the existing infrastructure,
Metro's age is taking its toll on the safe operation and function of
the system.
Metro must reevaluate its operational priorities. It is one thing
to develop detailed plans to improve safety, and yet another to do what
FTA Administrator Rogoff noted in the FTA's Safety audit, and that is
to change the business culture at Metro to take safety seriously and
execute these new safety measures. Metro provides a vital service to
the Government and the region and I stand ready to help improve the
system.
I thank the chair and Senator Mikulski for inviting me here today.
I urge the subcommittee to include the President's fiscal year 2011
budget request for Metro in the fiscal year 2011 THUD Appropriations
bill.
______
United States Senate,
Washington, DC, December 10, 2009.
The Honorable Barack Obama,
President of the United States,
The White House,
Washington, DC 20500.
Dear Mr. President: As you make final preparation for the
submission of your fiscal year 2011 budget, we request that you provide
$150 million to the Washington Metropolitan Area Transportation
Authority (WMATA), the full amount authorized in the National Capital
Transportation Amendments Act, included as title VI of division B of
Public Law 110-432. This is a vital issue to both the effective and
efficient functioning of the Federal Government as well as to the
entire Washington, DC metropolitan area. WMATA's compact jurisdictions
are committed to providing 50 percent matching funding.
For the first time, both the U.S. Senate and the U.S. House of
Representatives have included $150 million in appropriations for WMATA.
This is the first installment of funding to support a 10 year
authorization for the Washington region's transit system. We urge that
your administration's fiscal year 2011 budget build on Congress's
effort to provide WMATA with essential funding to maintain and improve
systems operation.
Sometimes known as ``America's Subway,'' WMATA was created in 1966
primarily to serve the Federal Government. Many Metrorail stations were
built at the request of the Federal Government, and nearly one-half of
all stations are located at Federal facilities. Federal employees
comprise 40 percent of WMATA's peak ridership, and millions of others
use the WMATA system (Metrorail, Metrobus, and WMATA's paratransit
program: MetroAccess) each year to visit the Nation's Capital or
conduct business with the Federal Government.
WMATA is also a critical component for ensuring continuity of
Federal Government operations during an emergency, and Federal recovery
plans rely heavily on WMATA, which played a key role on September 11,
2001. Another key indicator of how important the system is to the
functioning of the Nation's capital, WMATA handled 1.5 million trips in
a single day during this year's inauguration and was the most viable
transportation option during this event. For all of these reasons,
Congress saw fit to provide a unique authorization for WMATA,
recognizing the special responsibility the Federal Government has to
the Metro system.
Before the enactment of this legislation last year, WMATA operated
the only major transit system in the country without a source of
dedicated revenue. The result has been a system with burgeoning needs
and shrinking resources. Recent fatal tragedies on Metrorail underscore
the need for infrastructure repair and maintenance to ensure the safe
operation of this aging system.
The $150 million in capital funding is for projects included in
WMATA's Capital Improvement Program and approved by WMATA's Board of
Directors. The funds will be used to maintain the transit system in a
state of good repair, including vehicles, facilities, and
infrastructure. All of the funds are for capital improvements and none
may be used for operating expenses.
The enabling legislation provides, for the first time, two seats on
the Board of Directors for the Federal Government, represented by the
General Services Administration. For this reason, we recommend that the
funding be provided through the GSA portion of your budget submittal.
This is a unique Federal obligation related to the operations of the
Federal Government, and this seems an appropriate place in the budget
to demonstrate that relationship clearly. Regardless of its placement
in the budget, however, we urge you in the strongest terms to include
this essential funding in your fiscal year 2011 submission. It is vital
to the region and the Nation. We believe it warrants your strong
support.
Sincerely,
Benjamin L. Cardin,
United States Senator.
Barbara A. Mikulski,
United States Senator.
Jim Webb,
United States Senator.
Mark Warner,
United States Senator.
Senator Cardin. And Senator Mikulski, I want to thank you
particularly for keeping our regional delegation focused on the
importance of Metro, Metro funding, and the Federal
Government's partnership with our Nation's subway system that
is here and our transit system that is so important to the
Federal Government.
We fought hard, our regional delegation, last year to get
$150 million put into the budget. It wasn't easy. And I want to
thank the appropriators for making those funds available. It is
critically important. And I strongly support President Obama's
budget that adds $150 million this year to the Metro funding
for fiscal year 2011. It is desperately needed. It is the right
thing to do.
This is the Nation's subway system. The Washington, DC area
ranks second-worst in the United States as far as traffic
congestion is concerned. This system is critically important to
the operation of the region's Federal facilities. During peak
ridership, more than 40 percent of the riders on Metro are
Federal employees. Ten percent of the overall ridership serves
Congress and the Pentagon. So this is how our employees get to
work.
And the Federal Government has a clear financial interest
in the operation of Metro. Likewise, I believe the Federal
Government must play a greater role in assuring the safety of
the Metro system for its riders and employees, and there has
been no stronger voice in the United States Congress on this
issue than Senator Mikulski. I thank you very much for speaking
out for the fact that, yes, we support the Federal Government's
financial partnership with Metro, but we also believe that the
Federal Government has a responsibility to make sure the system
operates safely for the ridership, its patrons, and its
employees.
And the problems with safety continue. I know that the
witnesses from Metro that you have before you have instituted
changes, and there have been improvements made. But we need to
change the culture of Metro so that safety is a priority, and
that is a continuing process that will require greater
oversight, and I urge us to set up a way that we can continue
the oversight.
May 5, there was an emergency braking situation on the Red
Line in Wheaton, and fortunately the incident was handled by
the operators and system controllers so as to avoid an
accident, but some of the protocols were still not followed in
regards to that particular episode. These missteps reinforce
the need for stronger oversight on safety.
I strongly support the legislation that Senator Mikulski
has been involved with that would give the FTA the authority to
set up safety standards for our transit system, so they can do
it now for our rail. They can do it for the trucks. It seems to
me that we should have the authority to set up Federal
regulatory standards for our transit systems, and I would urge
the Congress to take on that particular issue.
The Senate recently passed the new Metro compact, further
advancing the final steps of authorizing a 10-year $1.5 billion
authorization for Metro with a dedicated funding system. That
is critically important.
But let me just point out one last point. This system is 34
years old. It is an aged system. I have seen the crumbling
platforms, and I tell you, I worry about the safety of Metro
today. It needs maintenance funds. It needs attention. It needs
to make sure that its current service areas are done in a safe
way for its patrons and employees.
I think, in the past, Metro has been divided as to whether
to pay attention to its current system or seek expansion of its
system. And we all believe that we have to expand the service
that Metro provides. But the first priority needs to be to take
care of the existing infrastructure of the current system, with
its stations and with its cars and with the way that it manages
the system for safety.
And I would just urge this subcommittee in making the funds
available. It is critically important the Federal Government
live up to its commitment as a partner, but also to establish a
way that we can be more actively involved as a partner with
Metro in regards to the safety.
And with that, Madam Chair, I thank you very much for
allowing me to be here today.
Senator Mikulski. Thank you, Senator Cardin.
First of all, you have been a real champion of Metro
funding, as mass transit, as well as MARC trains. In other
words, safe, efficient mass movement of people. We want to
thank you for your advocacy both on the Environment and Public
Works Committee and on the Budget Committee. Like you, I join
in wanting to continue the Federal partnership of $150 million,
but I really think we have to be careful. I think we also have
to be insistent on certain kinds of conditions and not give a
blank check.
So, thank you.
Mr. Sarles, you have been one of the most patient people in
the room, and we apologize. We thank you and, please, now go
ahead and take as much time as you want to give us your views.
STATEMENT OF RICHARD SARLES, INTERIM GENERAL MANAGER
Mr. Sarles. Thank you, Madam Chair, and thank you for the
opportunity to testify today.
As you know, Metro has submitted a request for $150 million
in fiscal year 2011. And as the subcommittee considers that
request, I feel that it is important for you to know what we
are doing to improve the safety and reliability of our system.
My written statement includes a detailed description of our
action plan. So I will just briefly summarize a few key points.
I will be at Metro until the board selects a new permanent
general manager. I don't know how long that will be, but while
I am here, I am taking a back-to-basics approach. I want to
strengthen the agency so that I leave it in better shape for my
successor.
The audit that you asked the FTA to conduct was extremely
helpful to us as we developed our safety action plan. And
frankly, I welcome your watchdog role, especially in the area
of safety.
In response to that audit, I am working, first and
foremost, on strengthening our safety program so that it is
robust and proactive, not just reactive. We are hiring more
good people and getting them the training that they need. We
are developing an incident management system so that we can
analyze trends and spot issues before they become major
problems.
We are also improving protections for our track workers by
updating our procedures and our training program for those who
work in and around the track area.
I am also refocusing the agency on addressing our state of
good repair needs. We have an aging system, and things are
starting to break down more often. We need to do more today to
keep our system in a state of good repair than we did when it
was 5, 10, or even 20 years old.
We are developing a new capital program, which will allow
us to meet the state of good repair needs. Our State and local
partners are committed to increasing their contribution to
Metro, but to meet these needs, we must also continue to
receive the funds authorized by Congress in the Passenger Rail
Investment and Improvement Act. I thank this subcommittee for
providing the first installment of that funding last year.
These are the building blocks that will lead to a stronger
organization for our employees and better service for our
customers. It will take time to address all these issues fully,
and we are constantly working on improving. For example, while
the emergency braking at the Wheaton station 2 weeks ago did
not involve an actual hazardous condition, we have learned from
that experience and taken action to improve notification
procedures to our operations control center and our oversight
agencies.
I believe that we are making progress, but you don't have
to take my word for it. Next month, Metro will begin posting an
online performance scorecard so that members of the public can
track how well we are doing.
PREPARED STATEMENT
Thank you for the opportunity to testify today and for your
consideration of our request. I would be happy to answer any
questions.
[The statement follows:]
Prepared Statement of Richard Sarles
Madam Chairman, Ranking Member Bond, and members of the
subcommittee, thank you for the opportunity to testify before you
today. I am Richard Sarles, General Manager of the Washington
Metropolitan Area Transit Authority, known as WMATA or Metro.
I began my service as Metro's General Manager over 1 month ago. My
career in rail and public transportation has spanned 40 years, during
which time I worked with the Port Authority of New York and New Jersey,
Amtrak, and most recently, New Jersey Transit. I have used the Metro
system many times, and have always been impressed by Metro's services
and how well they are delivered. But Metro is no longer new. We have
requested an appropriation of $150 million in Federal fiscal year 2011
to help us address some of the challenges associated with our aging
system. As you consider that request, I want to let you know what Metro
is doing to move forward on improving our system's safety, reliability,
and financial stability.
safety
As the subcommittee is aware, this region experienced an
unprecedented tragedy on June 22 of last year, when two Metrorail
trains collided on the Red Line north of the Fort Totten station. Nine
people lost their lives and dozens of others were injured in an
accident that has had ripple effects throughout the transit industry.
The National Transportation Safety Board's (NTSB) investigation of the
accident has focused on technological issues, not human error, as the
key factor leading to the collision, and as a result, transit and rail
providers across the country have been reexamining their track
signaling systems for signs of the same potential failure that caused
the June 22 accident.
The NTSB's final report on the accident has not yet been issued,
but Metro has already taken steps to improve safety on the rail system.
We have been operating trains in manual mode since the accident, and we
will continue to do so until the NTSB report is issued and any
necessary modifications are completed. We have increased the frequency
of computerized testing of track circuits, and we are holding the
performance of those circuits to a higher standard than previously
required. In addition, as recommended by the NTSB, we are working with
a contractor to develop a real-time monitoring system which will
provide an alert should a track circuit fail.
In addition to the June 22 accident, Metro has experienced a number
of other incidents over the past year that require us to re-assess the
way that we go about ensuring the safety of our customers and
employees. Our internal assessments and findings regarding safety have
been supplemented by external agencies' reports, such as the March 2010
audit of Metro's safety program by the Federal Transit Administration,
requested by Senator Mikulski. These external reports have been and
will be critically important in helping Metro identify where we need to
improve with regard to safety. We have learned even from those
incidents which were not hazardous in nature, such as the May 5
emergency braking near the Wheaton station. Although there were no
hazardous conditions present, we have taken action to improve reporting
of such incidents to our operations control center and our oversight
agencies.
The following section describes a number of other actions that we
have taken in recent months to address both internal and external
findings in the areas of staffing, communications, track worker
protection, and rail operations.
Staffing
The FTA audit and other assessments have identified lack of
sufficient safety staff and expertise as an issue at Metro. To address
that issue, Metro has hired a new Chief Safety Officer, James
Dougherty, who began his duties on April 19. Mr. Dougherty brings 25
years of experience in transit safety, occupational safety and health,
industrial hygiene and environmental protection, and he will report
directly to me. In addition, we have filled 6 of 12 new positions in
the safety department, and we expect to fill the remaining vacancies
within 60 days. These new positions will help us to effectively
investigate incidents/accidents, review and document safety policies
and procedures, ensure safety protocols are in place and implemented,
and analyze safety trends. We have also arranged for needed training
for our safety personnel with the Transportation Safety Institute, an
arm of the U.S. Department of Transportation, with seven courses
scheduled through September.
Communications
Lack of communications across and within departments has also been
cited in various reports as a problem at Metro. We have recently begun
several new communications initiatives. For example, to improve
communication between the Safety Department and operational personnel,
we now have safety officers assigned to each bus and rail division.
These safety officers participate in regular meetings of the front-line
staff in their division, as well as interacting on a daily basis with
operations employees on safety-related matters.
In addition, my predecessor held 6 ``Safety Action Report Out''
meetings with 60 front-line superintendents to increase their awareness
and accountability regarding safety. I intend to continue those
meetings on a regular basis. We have also established a cross-
departmental Safety Action Team tasked with finding ways to create a
safer organization. The Team's first initiative is designed to further
improve communications with front-line employees to ensure that safety-
related information, as well as other messages, reaches all employees
regardless of their work location.
Track Worker Protection
Employees who work on and around our track areas are exposed to
dangerous situations each day they come to work. Protection of these
workers must be robust and effective. Metro is committed to improving
our current practices and has established a cross-departmental Roadway
Worker Protection Work Group which includes representatives from
several Metro departments, union representatives, and representatives
from FTA and TOC. This group has drafted a new roadway worker
protection manual which has been submitted to the TOC for review. The
group is also in the process of developing a new roadway worker
training plan, and will also test and evaluate new technologies and
processes for use in the Metro system; these activities are expected to
be complete by the Fall of 2010.
Metro's track environment shares certain characteristics with other
transit and rail systems, and we have reached out to our peers to learn
from them and share best practices. Metro conducted a workshop in
January with peer transit agencies, FTA, TOC, and union
representatives, and convened a roundtable discussion in April with the
Federal Railroad Administration and inter-city rail operators. The
results of these discussions are reflected in the new draft manual and
will be included in the training regimen being developed by the Roadway
Worker Protection Work Group.
Rail Operations
In addition to the operational changes implemented in response to
the June 22 accident, discussed above, Metro is continuing to respond
to earlier NTSB recommendations. We expect to award a contract in the
near future to begin building the cars to replace our oldest vehicles,
the 1000 series cars, as the NTSB has recommended. In addition, we are
continuing to add rollback protection for rail cars operating in manual
mode, another NTSB recommendation. About one-half of our fleet
currently has such protection, and we are working to install it on the
remaining cars with completion anticipated by the end of calendar year
2012.
Six-month Action Plan--Safety
While we have made progress with regard to safety, we still have
work to do. We have established the following safety-related
priorities:
--Fill Remaining Safety Department Vacancies and Increase Training.--
Specifically, we must continue to have front-line safety
briefings while we develop more effective right-of-way training
and identify other needed training for front-line staff. In
addition, we have begun labor relations training for
supervisors of represented employees, re-emphasizing the
supervisors' role in safety; we intend to complete that
training by the end of 2010.
--Continue Accelerated Close-out of Open Safety-related Audit
Findings.--With the approval of the TOC, Metro develops
corrective action plans (CAPs) in response to findings from
both external and internal audits and investigations. Metro has
closed 190 CAPs since 2007, with the rate of closure increasing
significantly in recent months. Currently 85 CAPs remain open
(including CAPs that were recently added in response to the
TOC's Roadway Worker Protection study and internal safety
audits). I have communicated to Metro staff that continuing to
close CAPs promptly is a top priority. I am particularly
focused on responding to the recommendations in the FTA audit;
we submitted a CAP for that audit to FTA on April 29. (Please
see attachment No. 1 for details.)
--Develop Incident Tracking and Safety Management Reporting System.--
We are taking advantage of improvements in technology to
develop a web-based tool to allow for communication of safety-
related information and tracking across departments.
Development is expected to be complete by the end of August
2010.
--Encourage Near-miss Reporting, Including Anonymous Hotline and
Strengthened Whistleblower Protection.--David Gunn's report
cited Metro for having a ``shoot-the-messenger'' culture. I am
taking steps to end that perception. I have informed all
employees of the existence of a safety hotline and safety e-
mail address through which they can report safety concerns,
anonymously if desired. In addition, we are updating Metro's
whistleblower protection policy to encourage employees to raise
safety-related concerns.
--Complete New Right-of-way Worker Protection Manual and Revisions to
Metrorail Safety Rules and Procedures Handbook (MSRPH).--When
rules are outdated or unclear, they tend to be ignored. By Fall
2010 we intend to complete work on a new set of rules for
right-of-way workers as well as an updated MSRPH, with rules
and procedures that are clear, up-to-date, and effective.
--Complete Self-assessment of Safety-related Internal Controls and
Initiate Thorough Assessment of Safety Culture.--We intend to
complete further self-assessments in safety-related areas, the
first of which is focused on internal controls. In addition, we
have contacted the U.S. Department of Transportation, the AFL-
CIO, and the American Public Transportation Association to seek
their assistance in assembling a team of experts not only to
review Metro's safety culture, but also to recommend specific
measures to improve that culture and to provide assistance in
implementing those recommendations. We intend to initiate this
review by Fall 2010, while recognizing that organizational
culture change is a long-term process.
service reliability
According to the Washington Post, ``most riders give the (Metro)
system high marks for comfort, reliability and generally the ability to
take them where they want to go.'' (``In Survey, Metro Still Gets High
Marks after a Year of Low Points,'' April 5, 2010). Still, we know that
we need to do better. The quality of our customers' experience is the
key to the continued success of our system. We are taking steps to
improve the on-time performance of all of our modes--Metrorail,
Metrobus, and MetroAccess--as well as the availability of our elevators
and escalators which have a very direct impact on the quality of our
customers' trips.
For Metrorail, we have evaluated ways of improving service
reliability through schedule adjustments and are preparing to implement
the first adjustment on the Red Line. We have also implemented revised
30-, 60-, and 90-day training performance reviews for newly certified
train operators to ensure that they are meeting our standards for safe
operations and customer service and to provide us with an on-going
source of review regarding the effectiveness of our training programs.
For Metrobus, we are in the process of replacing 148 older buses,
with deliveries between March and September 2010. With newer vehicles
we expect fewer equipment failures, leading to improved service
delivery. We have also reorganized our bus transportation division,
retrained operators and supervisors, and increased supervision of
street operations to better monitor and address service reliability
issues. We have implemented NextBus, which provides customers with
real-time bus arrival information by phone or online, and have created
a new online service disruption notification for bus customers. For
MetroAccess drivers, we have developed a new training program and
installed Drive-Cam in MetroAccess vehicles to record incidents for
investigation and training purposes.
With regard to elevators and escalators, we are consolidating our
command and maintenance centers to eliminate reporting layers and
improve accountability, a process which we expect to have fully
implemented by the end of June 2010. Also by June, we intend to have
restructured our technicians' shifts to create rapid response teams
with responsibility for maintenance and repair in defined geographic
areas.
Six-month Action Plan--Service Reliability
I have established the following priorities regarding service
reliability:
--Increase Training for Front-line Employees and Supervisors.--
Specifically, we intend to provide additional training to all
station managers with a renewed emphasis on customer service,
as well as complete training that we have already begun related
to the reorganization of our bus department, designed to
improve management of operators, reduce accidents, and improve
service.
--Create Transparent Performance Tracking and Reporting Systems.--New
performance measurement tools are currently under development,
including web-based dashboards, a monthly vital signs report of
key performance indicators, and an annual performance report to
assess what is working well, what is not, and why. By the end
of June 2010 we expect to release many of these new tools
publicly to foster increased accountability and transparency.
--Revise Inspection and Maintenance Procedures to Accommodate Changes
in Operations.--As in the area of safety, our rules and
procedures for inspections and maintenance need to be clear and
relevant for our current operating environment. With changes in
place related to manual operation and restricted speeds, our
new vertical transportation command center, etc., we must start
revising our related procedures accordingly.
--Pilot Metrorail Schedule Adjustment on Red Line.--As I mentioned
earlier, we intend to adjust schedules on the Red Line to
improve service reliability and the quality of the customers'
experience. The new schedules will reflect reality and allow
for more time for customers to board and alight the trains at
our busiest stations, and will involve more 8-car trains
running to the ends of the line, which will maintain our
passenger throughput capacity for the Red Line as a whole.
--Initiate External Assessment of Elevator/Escalator Maintenance and
Repair Programs.--We intend to contract with outside experts to
conduct a review of these programs in order to assess their
efficiency and effectiveness and make recommendations for
additional improvements.
--Continually Re-emphasize Safety and State of Good Repair as Top
Priorities.--Maintenance of vehicles, track, structures,
signals, and other infrastructure in a state of good repair has
a direct impact on the safety and reliability of the Metro
system, as it does for every transit agency in the country. If
the condition of the Metro system is allowed to degenerate
further, issues related to service reliability will continue to
increase. The most effective action we can take to improve
reliability is to improve the physical condition of our system.
financial stability
Now let me turn to a topic which is integrally related to our
ability to improve service reliability--Metro's budget and current
funding constraints. Metro's proposed fiscal year 2011 budget totals
$2.1 billion. That total is composed of Metro's operating budget, which
supports the daily delivery of transit service (including personnel
costs, fuel and propulsion costs, etc.), and the capital budget, which
funds investments in the vehicles, equipment, facilities, and
infrastructure of the transit system. Sources of funding for those
needs include State and local funds; Federal funds (primarily for
capital costs); passenger fares and parking revenues, and other sources
(such as advertising and fiber optic revenue). Passenger fares cover
about one-half of the cost of Metro's operations; broken out by mode,
they cover more than 70 percent of Metrorail operations, about 30
percent of Metrobus operations, and 5 percent of MetroAccess
operations.
Operating Budget
Fiscal year 2011 is likely the most difficult year, financially
speaking, that Metro has ever had to face. The economic slowdown is
having a continued impact on Metro, as it is across the country. For
the transit industry as a whole, the economic slowdown has meant that
ridership and revenue are down, while costs continue to go up.
Despite the encouraging ridership numbers that Metro has
experienced in the last few weeks, Metrorail ridership for fiscal year
2011 is projected to be just 2 percent above the fiscal year 2009
levels, and on Metrobus, ridership growth over 2009 levels is only
projected to be 1.5 percent. These projections are primarily due to
continued high unemployment in the region combined with reduced
spending by consumers. Lower Metrorail ridership has resulted in less
revenue coming in from Metro parking facilities as well. Major cost
drivers in the fiscal year 2011 operating budget include the rise in
healthcare cost (which is in line with national trends), market losses
in pension values, the increasing demand for MetroAccess service, and
liability insurance and claims associated with the June 22 accident.
The imbalance between projected revenues and expenses created a
$189 million gap in our fiscal year 2011 operating budget, if
jurisdictional subsidies (which cover about one-half of our operating
costs) were held constant at fiscal year 2010 levels. In order to close
that gap, I have proposed a budget that includes further layoffs, fare
increases, some service reductions, and an increase in jurisdictional
subsidies. Metro's Board is currently considering that proposed budget.
Without knowing what they will decide, it is fair to say that balancing
Metro's fiscal year 2011 budget will require hard choices. When we
raise fares or reduce service, we have a direct impact on the people we
serve every day, on their ability to get to jobs, school, medical
services, and recreational opportunities. The economic downturn has
affected everyone in this Nation, and unfortunately Metro is not
immune.
Capital Program
Over the last 6 years, Metro has funded its capital program through
a multi-year agreement with our jurisdictional partners, known as Metro
Matters, which expires June 30, 2010. The stable funding stream
provided by Metro Matters allowed us to, among other things, purchase
667 new Metrobuses to reduce the age of our fleet from over 10 years to
under 8 years; and purchase 122 Metrorail cars, expand rail yard
maintenance and storage facilities, and upgrade power systems to run 8-
car trains.
Board Chairman Peter Benjamin's testimony addresses our capital
needs, and I simply want to reiterate his point that the funding Metro
has requested from this subcommittee in Federal fiscal year 2011 is
urgently needed to allow us to maintain the Metro system in a state of
good repair. (Please see attached spending plan.) However, due in part
to national economic conditions and in part to declining revenues in
the Federal Highway Trust Fund, both Federal and State/local sources of
funding for capital projects are severely constrained. Even with the
new Federal funding authorization and the associated State/local match,
these constraints have required Metro to limit our capital investment
for the next 6 years to only the most critical, ``must-do'' safety and
system maintenance projects. ``Must-do'' projects include, for example,
replacement of the 1000 series rail cars; replacement of our oldest
buses; rehabilitation of the oldest segment of our rail line, and
replacement and/or rehabilitation of decades-old bus facilities. ``Must
do'' projects do not include other investments that should be made,
such as investments to address crowding (more frequent bus service;
more 8-car trains); more elevators/escalators in core stations; and
system and fleet expansion to accommodate projected growth in demand
over the next several decades.
Six-month Action Plan--Budget
By Fall 2010, we intend to accomplish the following objectives
related to Metro's budget:
--Implement Board-approved Fiscal Year 2011 Budget.--As I have
discussed, the budget will include job cuts and likely some
combination of fare increases and service reductions in order
to fill the $189 million projected gap. Successful
implementation of such changes will require timely and
effective customer communication as well as operational changes
such as reprogramming of farecard readers.
--Manage Transition From Metro Matters Capital Funding Agreement to
Next Capital Funding Agreement, Currently Being Negotiated.--I
want to note that the National Transportation Safety Board is
expected to issue its final report on the June 22, 2009, Red
Line collision shortly before or during fiscal year 2011, and
that report may contain recommendations that will have a cost
associated with their implementation. Metro is committed to
responding to those recommendations and that response may
affect our ability to undertake some of the projects that have
been planned for the next 6 years, absent additional funding.
--Initiate a Discussion With Regional and Federal Stakeholders on
Metro's Long-term Fiscal Outlook to Identify Both Challenges
and Solutions.--The basic challenge is this: the Metro system
must be brought into a state of good repair. Unless there is a
renewed commitment to this goal, the system will continue to
degrade.
conclusion
Madam Chairman, in the Fall of this year, I intend to deliver to
Metro's Board of Directors an interim performance assessment, along
with recommendations for further improvement, in each of the areas I
addressed above: safety, service reliability, and budget. But you do
not have to wait until then to track our progress. Metro is developing
products that will allow the public to see how we are doing on a more
frequent basis. We expect to launch shortly a monthly ``Vital Signs''
report, which will initially track operational performance and identify
trends, with the goal of expanding the range of performance metrics to
other areas in the future. We also plan to issue an annual performance
report, beginning this September. Metro is committed to improving
transparency and communication with our customers and other
stakeholders, including Congress.
Thank you for the opportunity to testify today. I greatly
appreciate your leadership on these issues, and I hope that you will
favorably consider our fiscal year 2011 appropriations request. I would
be happy to respond to any questions.
ATTACHMENT NO. 1.--WMATA RESPONSE TO RECOMMENDATIONS IN THE MARCH 4, 2010 FEDERAL TRANSIT ADMINISTRATION SAFETY
AUDIT
----------------------------------------------------------------------------------------------------------------
Recommendation Actions Taken Next Steps Completion Date
----------------------------------------------------------------------------------------------------------------
No. 1. Conduct assessment to identify Developed statement of Initiate and award Final Report,
resources and expertise necessary for work for contractor contract, with Board including identified
Safety Dept. to carry out activities support. approval, received needs and
specified in System Safety Program April 22, 2010. recommendations by
Plan and Safety Rules and Procedures end of August 2010.
Manual.
No. 2. Use results of assessment to Included in statement Initiate and award Issuance of Safety
ensure adequate staffing levels and of work under No. 1. contract, with Board Dept. staffing &
expertise within Safety Department. approval, received recruitment plan by
April 22, 2010. end of August 2010.
No. 3. Increase Safety Dept.'s access Established Review process for Formalize process by
to operating & maintenance Interdepartmental information-sharing end of August 2010.
information and reports to ensure Safety Working Group, and quality of
this information is being analyzed now receiving monthly information shared.
for potential impacts on safety. reports on operations/
maintenance.
No. 4. Develop internal process to Initiated development Develop process for Complete development
require communication of safety- of web-based tool. identifying and by end of August
related info. across depts., evaluating maintenance- 2010.
including impacts of budget related safety issues.
reductions & resource constraints on
performance of safety-related
maintenance activities/requirements.
No. 5. Define and implement the Chief Safety Officer Continue weekly CSO Completed by end of
process for the top Safety Department (CSO) now reports meetings and reports April 2010.
position to communicate safety directly to General to GM; revise System
priorities to the GM in a timely and Manager. Safety Program Plan to
consistent manner. reflect relationship.
No. 6. Identify technical skills Included in statement Initiate and award Contractor to issue
required to perform system-wide of work under No. 1. contract, with Board needs assessment &
hazard analysis; if needed, provide approval. training plan by end
training as soon as practicable. of August 2010.
No. 7. Update the System Safety Interdepartmental Confirm design of new Completed by end of
Program Plan to develop a hazard Safety Working Group process with September 2010.
management process that ensures all has met to design a contractor support.
departments participate in an on- new process.
going manner.
No. 8. Institute process to ensure Outreach to peer Continue outreach to Metrorail Safety Rules
changes in operating rules are transit agencies for peer agencies and and Procedures
analyzed for safety impacts before model forms and consultation with Handbook revisions
system-wide implementation. processes has begun. union; revise rule completed by end of
book. September 2010.
No. 9. Finalize right-of-way Roadway Worker Finalize new manual; Roll out of new
protection rules; develop training to Protection Working finalize new training training program in
implement new rules. Ensure all ROW Group established; new program. October 2010.
employees & contractors receive manual has been
training before accessing ROW. drafted; workshop and
roundtable held.
No. 10. Implement configuration Included in statement Initiate and award Create action plan &
management program described in of work under No. 1. contract, with Board training program by
System Safety Program Plan. approvalreceived April end of September
22, 2010. 2010.
----------------------------------------------------------------------------------------------------------------
WMATA RESPONSE TO FTA FINDINGS OF THE TOC THAT RELATE TO WMATA IN THE MARCH 4, 2010 FTA SAFETY AUDIT
----------------------------------------------------------------------------------------------------------------
Recommendation Actions Taken Next Steps Completion Date
----------------------------------------------------------------------------------------------------------------
Finding No. 1.--Require WMATA to The update of both the Seek permission to MSRPH revisions to be
complete a timely, thorough, and SSPP and WMATA's Initiate and award completed by the end
competent review and update of Safety Rules and contract with WMATA of September 2010.
WMATA's Safety Rules and Procedures Procedures Manual will Board approval.
Manual. be included as part of Board Approval received
the contractor SOW for April 22, 2010..
the Safety Assessment
and Hazard Management
Program.
Finding No. 2.--Require WMATA to The Safety Assessment Seek permission to Completed by the end
develop (and TOC to review and and Action Plan will Initiate and award of August 2010.
approve) an internal WMATA safety ensure that we have contract with WMATA
audit recovery plan for calendar year personnel skilled in Board approval.
2010 and calendar year 2011. auditing in the Safety Board Approval received
Department. April 22, 2010..
We also will receive
contractor support in
reviewing and updating
our existing
checklists and
procedures.
Finding No. 3.--Require WMATA to We are working closely In the May 4, 2010 The goal is to
develop a recovery plan to complete with TOC to address submission, both TOC completed 90 percent
all open accident investigations this finding and have and WMATA will report by the end of
following procedures established in made considerable that a recovery plan September 2010.
TOC's Program Standard, WMATA's progress. of closing at least
System Safety Program Plan and ten open accidents
WMATA's Accident Investigation investigations per
Procedure. month is accomplished.
Finding No. 4.--Work with WMATA to The contractor SOW for Seek permission to Completed by the end
ensure that there is a process in the hazard management Initiate and award of August 2010.
place for evaluating Corrective work will also address contract with WMATA
Action Plan (CAP) alternatives that this issue. Board approval.
may be necessary as a result of Board Approval received
capital and operating program April 22, 2010..
resource limitations.
Finding No. 5.--Require WMATA to Interdepartmental Seek permission to Create action plan &
develop and implement a comprehensive Safety Working Group Initiate and award training program by
and system-wide hazard management to design new process contract with WMATA end of September
program (as specified in 49 CFR part has taken place and Board approval. 2010.
659.31). with contractor Board Approval received
support and will: April 22, 2010..
Integrate into web-
based tool; Integrate
into Internal Safety
Audit process and
Quality Assurance (QA)
process; and Integrate
into day-to-day
activities.
----------------------------------------------------------------------------------------------------------------
WASHINGTON METROPOLITIAN TRANSIT AUTHORITY (WMATA) PROPOSED PRIIA (DEDICATED FUNDS) PLAN AS OF MAY 17, 2010
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
Budget
-------------------------
CIP Project Name Project Description Federal Federal
Fiscal Year Fiscal Year
2010 2011
----------------------------------------------------------------------------------------------------------------
RAIL CAR FLEET REPLACEMENT
AND REHABILITATION:
CIP057 1000 Series Rail Car This project will design and purchase 300 79.3 20.5
Replacement 7000 Series railcars, which will replace all
1000 Series railcars that were purchased
between 1974 and 1978. This project is one
component of a long-term fleet plan to avoid
repetitive developmental cost associated
with new car design and procurement. The
replacement of the 1000 Series with the 7000
Series will improve reliability, reduce
maintenance and operating costs and
incorporate technology and enhancements of
newly designed railcars.
CIP063 Rail Rehabilitation This project will procure major repairable 12.4 12.5
Program railcar components tosupport the overhaul of
essential systems in the fleet. To maintain
astate of good performance, major railcar
components must berefurbished or replaced on
a regular basis. These components includebut
are not limited to wheels, trucks, brake
systems, HVAC, and traction motors.
Approximately 225 railcars, or 20 percent of
the fleet, will receive major overhauls
funded through this project.
CIP067 Rail Car Safety and This project will perform engineering 12.1 2.5
Reliability Enhancements analysis, diagnosis, testing and resolution
of safety, maintenance and operational
issues relating to the railcar fleet and its
interaction with track work, automatic train
control, communication, and power systems.
The project work will resolve compatibility
issues across the multiple series of
railcars andinfrastructure related to
changes in technology and
components.Examples of specific issues to be
resolved are emergency exterior
doorreleases, wrong side door openings, and
car roll back.
CIP071 Test Track and Commission This project will procure, design and 5.2 17.5
Facility construct a test track andcommissioning
facility that will be utilized for ongoing
engineeringanalysis and enhancements to the
fleet, as well as acceptance testing of new
railcar procurements and will be in constant
use. A dedicatedfacility will allow testing
to be done and not impact night-time
maintenance activities.
---------------------------
Total ............................................. 108.9 53.0
===========================
TRACK SAFETY IMPROVEMENTS:
CIP018 Track Welding Program This project will provide for the welding of 1.5 2.7
approximately 500 openrunning rail joints
throughout the Metrorail system and to
purchaseflash butt welding kits. The track
welding program will improve theelectrical
conductivity of the rail, eliminate joint
defects, reduce noiseand wear, reduce
maintenance and inspection costs, and
eliminatecross tie fires.
CIP019 Track Floating Slab This project will prevent services delays and 1.7 1.3
Rehabilitation speed restrictions due to differential
settlement of the track structure and
reduces noise andvibration to the
surrounding building and structures by
replacing failedisolation pads and restoring
the track structure to the proper elevation.
CIP020 Replacement of Rail Track This project will procure and install 3,000 1.0 1.1
Signage markers and 500 safety signs to replace old,
illegible rail track graphic signs and
various other signs indicating locations and
warnings to employees, emergency responders,
and the general public. Track graphics are
essential for safe operations and emergency
responses. Many signs throughout the
Metrorail System are approximately 30 years
old. Some of these signs require upgrading
because they are damaged, deteriorated, or
obsolete.
CIP021 Track Pad/Shock Absorber This project will maintain the integrity of 4.3 2.1
Rehabilitation the track structure by rehabilitating 7,000
linear feet of grout pads on Rhode Island
and Minnesota Avenue Metrorail Station
Aerials. Grout/plinth pads (concrete pads)
located below the track provide elevation
and support for the track and track
fasteners. They are replaced as needed to
restore the track structure to the proper
elevation. Improper elevation can result in
damage to the car's third rail collector
shoes and the vibrations can potentially
lead to structural cracking in the
surrounding buildings and structures.
CIP022 Track Structural This project will be utilized for the 2.3 1.5
Rehabilitation rehabilitation of structural components and
to restore the track structures, such as
elevated platforms, bridges, and retaining
walls to their designed load carrying
capacity. These rehabilitations are
critical, as the loss of one of these
structures could result in the functional
loss of an entire Metrorail line segment.
The rehabilitation work includes the anchor
bolts of 65 bridge piers on Minnesota Avenue
Aerial and additional anchor bolts at
Grosvenor and I-495. One down and under
crane for underbridge inspections and
rehabilitation will be procured.
CIP023 Third Rail Rehabilitation This project will replace the original third ........... 5.5
rail (5 miles annually) with the composite
third rail. Original third rails have become
worn throughout the Metrorail system. New
aluminum and steel composite third rails
will provide less resistance for eight car
trains and allow trains to run more
efficiently. This project will result in
maintained tracks and fewer train delays.
CIP024 Track Rehabilitation This project will be utilized for the 44.4 33.3
procurement of material and specialized
equipment to facilitate the removal and
installation of the track and switch panels,
which prevents service delays and speed
restrictions. Track components (which
include running rail, cross ties, direct
fixation fasteners, third rail insulators,
and turnouts) require replacement when,
based on industry standards, they become
worn or unserviceable due to deterioration,
excessive wear, or defects. No. 8 turnouts
will be upgraded from unguarded to guarded
turnouts based on National Transportation
Safety Board recommendations.
CIP027 Switch Machine This project will improve the safety and 0.9 1.0
Rehabilitation Project reliability of the interlocking track
structure by replacing 20 switch machines
throughout the Metrorail Systems. Switch
machines have a normal life expectancy of 10
years; all the switches to be replaced have
been in service over 10 years.
CIP133 Wayside Work Equipment This project is for the installation of a 4.1 3.1
safety signaling system at rail portals and
other locations to alert personnel to
approaching trains. This project will
provide for enhanced safety for customers
and WMATA personnel.
---------------------------
Total ............................................. 60.2 51.5
===========================
TRACK EQUIPMENT:
CIP025 Track Maintenance This project is for the rehabilitation and 17.3 20.7
Equipment replacement of heavy-duty track equipment.
Track maintenance equipment is essential to
deliver quality service and for the safe and
efficient execution of the track
rehabilitation work. Timely rehabilitation
and replacement of four selfpropelled prime
movers will ensure equipment reliability,
reduce the probability of delays due to
equipment breakdowns, and allow for
efficient use of the right-of-way track time.
CIP066 Rail Shop Repair This project funds the replacement of rail 2.2 4.2
Equipment shop equipment that has reached the end of
its useful life. Purchases will include
approximately 125 pieces maintenance
equipment, 48 pieces shop test equipment,
and 15 pieces shop machine equipment. Some
examples of equipment to be purchased are
overhead cranes, rail train lifts, hoists,
industrial shop air compressors, service
elevators, hoisting mechanisms, wheel truing
machines, and electrical controls.
CIP089 Track Fasteners This project is for the replacement of track 2.1 2.1
fasteners. Deteriorated track fasteners
cause stray current and have been found to
cause fires in the system. Track fasteners
are an integral structural component of the
track system that needs to be replaced
periodically. Approximately 15,000 track
fasteners will be replaced on the Red Line
with thesefunds.
---------------------------
Total ............................................. 21.5 27.0
===========================
MAJOR RAIL LINE SEGMENT
OVERHAUL:
CIP110 Rail Rehabilitation Tier This project encompasses engineering and 34.5 60.6
1.--National Airport to design to begin rail line segment
Stadium Armory rehabilitation of the Orange/Blue/Yellow
Lines from National Airport to New
Carrollton which includes 23 Stations with a
route mileage of approximately 18.7 miles.
Stations scheduled for rehabilitation were
completed and put into service between 1977
and 1978. Work to be initiated includes but
is not limited to traction power, automatic
train control and communication upgrades,
track fastener replacement, tunnel
ventilation, air conditioners, replacing
suspended ceiling tiles, canopy roof
replacements, platform rehabilitation
lighting, public address, and CCTV system
upgrades.
CIP116 Rail Yard Facility This project is a rail yard rehabilitation of ........... 24.8
Repairs Tier 1.-- Alexandria, Brentwood and New Carrollton
Alexandria, Brentwood Rail Yards that were put into service
and New Carrollton between 1976 and 1983. The contract will
include items from the Inventory Database
and other items identified by rail
operations and maintenance, security and
environmental to enhance operations and
maintenance activities and provide a better
work environment. Work will include all
systems and infrastructure to increase
overall efficiency.
---------------------------
Total ............................................. 34.5 85.4
===========================
RAIL PREVENTIVE MAINTENANCE:
CIP125 Rail Preventive This project is for preventive maintenance 40.9 20.8
Maintenance and related purchases for rail cars.
Activities will include regularly scheduled
maintenance of railcar components and
systems at scheduled duty-cycle intervals.
Purchases will include brake parts, truck
parts, propulsion parts and other parts
necessary for maintaining functionality of
rail car features.
===========================
TRACK SIGNAL IMPROVEMENTS:
CIP135 Train Control Signal This project funds the initial engineering 1.0 10.3
support for analysis of the train control
signaling system in an effort to improve the
system.
CIP136 FCC Radio Frequency This project will meet the new FCC ``narrow 0.2 1.0
Communication Changes banding'' requirement that affects the
agency's UHF radio system. Planned
activities include specification
development, engineering, prototype testing,
and project management. The primary impact
is to the infrastructure equipment (as
opposed to the subscriber equipment--
handheld and mobile radios).
---------------------------
Total ............................................. 1.2 11.3
===========================
NTSB RECOMMENDATIONS:
CIP139 NTSB Recommendations This project will allow Metro to implement 10.3 10.3
any forthcoming NTSB recommendations as a
result of the ongoing accident investigation.
===========================
BUS FLEET REPLACEMENT AND
REHABILITATION:
CIP006 Bus Replacement This project will purchase 100 buses a year ........... ...........
to maintain an average fleet age of 7.5
years based on the 2009 fleet size of
approximately 1,500 buses that range in size
from 26 to 62 feet, and are a mix of
conventional and articulated buses.
===========================
MAINTENANCE OF BUS GARAGES:
CIP119 Bus Garage Facility This project is a bus facility rehabilitation 18.9 25.7
Repairs Tier 1.-- of Western, Northern and Landover bus
Western, Northern and garages and other auxiliary facilities,
Landover includes Metro Supply facility, Landover
Open Storage and Blair Road Support Shop.
The facilities in this project were
originally put in service between 1906 and
1989. Work will include all systems and
infrastructure to increase overall
efficiency.
===========================
BUS SAFETY IMPROVEMENTS:
CIP007 Bus Camera Installation This project is based on completing ........... 3.0
installation on remaining buses, which will
ensure that all buses will be equipped with
camera systems to reduce detrimental impact
of fraudulent claims, reduce or eliminate
vandalism, deter crime, assist in criminal
prosecutions, and help employees assist
customer concerns and complaints.
CIP002 Automatic Vehicle This project will begin the replacement of 3.7 12.1
Location Equipment Advanced Vehicle Location (AVL) equipment on
Replacement buses that was installed on buses prior to
2002. The equipment, which allows monitoring
of bus locations, has a life span of 7-10
year. If Metro does not replace obsolete AVL
equipment, Metro will not be able to monitor
the location of buses with the old equipment.
---------------------------
Total ............................................. 3.7 15.1
===========================
PRIIA Funds ............................................. 300.0 300.0
----------------------------------------------------------------------------------------------------------------
MEASURING PROGRESS AND PERFORMANCE IN METRO SAFETY
Senator Mikulski. Well, let me get right to some of my
questions. A year ago, right after the accident, I was very
intensely critical of Metro, and everybody knows it. What I
said, though, is that I didn't want to be the manager of Metro.
I don't think that is an appropriate congressional role. But
one of the questions that I said at that time, I am not saying
it this time, is that often solving the problem was having a
meeting about the problem, and that was viewed as solving the
problem.
I asked about how was Metro--and at that time I placed
responsibility on the board, but I throw this question open to
both of you. When we talk about safety and operational
reliability--but let us go to the safety, you need to have the
systems in place. You need to have the training, and you need
to also find out if those systems and training are working.
So my question to you is how are you measuring progress and
performance? What we have here in your testimony, and you and I
have had the opportunity to speak before, is a rather
comprehensive list of actions taken. Develop an incident
tracking and safety management reporting system. Encourage
near-miss reporting, like an anonymous hotline. Strengthen
whistleblower protection so you don't shoot the messenger.
In other words, these look promising. But we have been down
the road of promises before, both the Federal Government, when
we promised funding and broke that promise. So now it is our
job not to break our promise. But the second is that with this
list of things that you say will improve safety, you, sir, and
you, Chairman Benjamin, how will you measure progress? How will
you measure performance? What metrics are you going to use so
that you would really know if this is going to work?
Mr. Sarles. First of all, we have set deadlines for
delivering certain items, when we are going to have the track
worker protection manual done, for example. We have already
completed the draft, but now we have a deadline for finalizing
that and starting training.
We set dates for starting training programs. Starting next
week, there will be a series of training programs over the
summer for people. We have these deadlines set. We are going to
make these milestones, and we can be measured against that.
Beyond that, in the longer run----
Senator Mikulski. But how are you going to measure them?
Mr. Sarles. By meeting those deadlines. If we say we are
going to deliver a manual, the track worker protection manual
by a certain date, we have to make that date. If we say we are
going to conduct training, which we are, this summer between
such and such a date and what those courses are, we will show
that we made those dates and, in fact, people attended those
sessions. Those are the close-on measurements, if you will,
that if you say you are going to do something, you deliver on
it.
Beyond that, ultimately, what the performance measure is,
measures that you will see safety wise are number of injuries,
both employees and passengers, number of incidents or
accidents, that sort of thing. That tells you over the long
term whether you are actually seeing the right trends. And if
you are not seeing the right trends, which all should be
downward, then you have to take additional actions. And those
are the types of things we will make public so people can see
how we are doing as a scorecard.
Senator Mikulski. Well, there was a woman, actually, a
widow, after her husband's death in January, stepped forward to
say that this was her description of safety training for her
husband--now I am going back to before your arrival, but
nevertheless--she said Metro's solution is having a safety
meeting, putting on a video, and then handing out hard hats.
They met a deadline. They had a meeting. They even had
``training,'' but it was a video. Her husband, according to her
comments, had concerns about the vehicle that ultimately killed
him. That it was too powerful, too dangerous, and that it had
no backup camera. It had no backup sound and lights were
disconnected. Metro didn't have floodlights. In other words,
this is beyond giving out manuals and meeting deadlines.
Mr. Sarles. Yes.
Senator Mikulski. I mean, start with the manual. But that
is the whole darned problem, which is that we hear they are
giving out manuals, and they meet deadlines. So what the hell
does that mean? Pardon me.
Mr. Sarles. Yes, sure. You have the manual. Then you have
to train to that manual so the workers understand exactly what
the procedures should be and how they should operate in a safe
manner. And then you see, through gathering of the statistics
that support the performance measures that, in fact, we are
having fewer incidents, and the goal is to be zero in terms of
accidents.
So you have to take the first steps, put it into place, do
the training, and then measure the results of that training.
Senator Mikulski. Well, I understand, and I want to go to
Mr. Benjamin, that at your board meeting, up until very
recently, you got no reports on safety?
Mr. Benjamin. Senator Mikulski, we did get reports on
safety. We always, on a monthly basis, were told how many
accidents there were, how many incidents of various types there
were, how many fatalities, how many injuries, and what the
trend over time had been. What we did not get reports on and
what we should have heard about and we now are getting reports
on is the degree to which our safety staff was fully staffed,
the degree to which we were responding to our oversight
agencies effectively and meaningfully, and the degree to which,
when findings were made, we were, in fact, carrying out those
activities.
So, yes, we got the big picture, but we weren't getting
enough. And we have now changed that. We are getting more
information, and we have asked our inspector general, as a
separate path. Originally, the only path was going through the
General Manager. The inspector general now reports directly to
us as the Board to review all of those materials, make sure
that activities were occurring at the schedules that were
required, and that if we are not getting that activity
occurring, to report directly to the Board.
We have also asked the Tri-State Oversight Committee to
brief the board directly so that if information is not flowing
properly, we hear about it right away.
TOP SAFETY AND HAZARD CONCERNS
Senator Mikulski. The FTA audit found that Metro didn't
have a list of the top 10 safety and hazard concerns. Do you
now have that list?
Mr. Sarles. Yes.
Senator Mikulski. Are you aware, Mr. Benjamin, of what
those top 10 are?
Mr. Benjamin. I am not aware of that particular list.
Senator Mikulski. But those are the top 10 safety and
hazard concerns. Look, please, and I am not trying to play a
game of ``I gotcha,'' and I am not trying to embarrass you. I
am trying to get to the point. We had the accidents. We have
had the FTA audit. We are making corrections.
One of the things that they said was Metro did not have a
list of 10 safety and hazard concerns. Now, sir, you say you
have the 10?
Mr. Sarles. Yes. And I will give you a couple off the top
of my head. One is strengthening the Safety Department, which
we have done. We are moving forward on that. We have hired a
new Chief Safety Officer, who is here with us today. We had a
dozen positions added. We filled six of them. We are
interviewing this week and next week to fill the remainder.
Another issue was to replace the 1000 Series cars. I am
expecting to go to the board very shortly to seek approval to
acquire new cars to replace those 1000 Series cars. And----
Senator Mikulski. I have a request.
Mr. Sarles. Sure.
Senator Mikulski. We will leave this open. I would like you
to submit for the record the 10 top safety and hazard concerns.
[The information follows:]
Ten Key Safety and Hazard Concerns
Replace the oldest railcars in the fleet (Rohr 1000 Series
railcars).
Develop a new real-time automatic train control redundancy system.
Strengthen the expertise of the Safety Department.
Complete the Roadway Worker Protection Program.
Develop a training and certification program for bus and rail
personnel.
Strengthen employee knowledge of rules and rules compliance.
Develop an accident and investigation database.
Create a strong internal training tracking database.
Fill vacancies in the Safety Department.
Improve the agency's safety culture.
Mr. Sarles. Yes.
Senator Mikulski. The actions taken on them, and then I
would like you to give them to your own Board.
Mr. Sarles. Will do and we have discussed most of them with
the Board. We have presented some of those.
Senator Mikulski. That is the point.
Mr. Sarles. Yes.
Senator Mikulski. Mr. Benjamin, you are a very dedicated
public servant. I know your record. You are man of really civic
engagement. Can you tell me why you didn't have the top 10?
Mr. Benjamin. Well, as Mr. Sarles was saying, I think I did
not recognize it as ``the top 10,'' as listed like that. But I
am fairly certain from his statement that these are all issues
that we have discussed, just not discussed as ``the top 10
list.''
Senator Mikulski. Sir, would you identify and would you
agree that those are the top 10 things that need to be changed?
Mr. Sarles. Yes.
Senator Mikulski. In the order of priority?
Mr. Sarles. Yes.
Senator Mikulski. Well, I would like to really have a copy
of those top 10 for us as well for the record. But I also would
really recommend we call this the ``checklist for change.''
That this is one of the basic lists that we will follow. It
won't be the sole list, but it will be a primary list that we
can all agree upon actions taken and progress measured. Would
that be a good way to go?
Mr. Sarles. That is fine.
Senator Mikulski. Because we don't want to be you, but we
need to know how you are doing.
Mr. Sarles. And I welcome that, and that is part of the
scorecard----
Senator Mikulski. We need to know then how the board then
focuses on that. Now we understand that the safety department
has had 41 staff positions, but 10 were vacant. Now where are
we on that?
Mr. Sarles. Yes, and that is what I was referring to
before----
Senator Mikulski. Maybe you don't need all 41. Maybe that
was from another era. But what we are concerned about is that
since 2006, it was reorganized six times. That is what I mean
about having a meeting, a meeting, a meeting, and then the
meeting met the meeting, and then it met the deadline.
Mr. Sarles. I will agree with you that there has been too
much reorganization.
Senator Mikulski. Not enough organization.
Mr. Sarles. And I am trying to stabilize that. And one of
the things that was done just before I got there--and it is the
right thing--is that the Chief Safety Officer now reports to
me. Ten positions were created. Actually, I think it was a
dozen last December. Six of them have been filled. We are
interviewing for the remainder. We expect to fill those within
the next 45 days.
Senator Mikulski. You will have that in 45 days?
Mr. Sarles. Yes. And then, on top of that, the board
authorized at their last meeting the hiring of outside
expertise because I want to take a look at further
strengthening the Safety Department to see if the staffing is
appropriate, to see if they are trained properly.
The board has authorized that. We are out now seeking
proposals. And I expect within the next 2 weeks to award that
contract.
Senator Mikulski. So, what do you think will happen when
you do that?
Mr. Sarles. The key thing is that we look at the Safety
Department and, as I said, see where it needs to be
strengthened further. Is it organized exactly the way it should
be? Get that outside expertise and also aid us in looking at
the other safety aspects as part of our safety plan.
Mr. Benjamin. Senator Mikulski, if I may?
Senator Mikulski. Yes, please.
Mr. Benjamin. I think one of the most important things that
Mr. Sarles has focused on is the culture issue, which you
mentioned earlier, and the fact that safety is not something
that happens in a safety office and that safety officers who
work in headquarters don't cause safety to come about.
And one of the things that he has been working on is making
sure that safety is, in fact, the way that we live, the way
that we react, the way that everybody focuses on the actions
that they take, starting, as you pointed out, from the
Congress, through the Board, the General Manager, the
supervisors, and everybody working throughout the system. And
one of the things he has done right away is to make sure that
there are safety people out in the field working with the
various organizations, not just in an office sitting and
keeping track of things.
Senator Mikulski. Well, I would concur. Safety officers are
not meant to be the bean counters, counting how many accidents
happen. It is the major prevention team. So in the area of
safety, you not only need to have first responders, the ability
to get out of the cars fast. You know, a lot of what the
National Transportation Safety Board [NTSB] is going to tell us
is what to do after a crash, which is how to get out fast and
to have a black box to tell you what happened. We are in the
prevention business.
Mr. Sarles. Exactly.
METRO MODERNIZATION
Senator Mikulski. That is what we are. I think the biggest
role of Congress is we are in the prevention business. I know
we must be. I want to move in short order to modernization
questions and then this will go to the question related to
modernization. To what degree, when we look at technological
problems and the survivability of the cars, is due to the fact
that the Metro system is a system that is aged in place?
Mr. Sarles. Certainly, when you have a----
Senator Mikulski. Do you agree, first of all, that is aged
in place?
Mr. Sarles. Yes.
Senator Mikulski. That it takes a lot to run it and
maintain it?
Mr. Sarles. And that is one of the things that has not
occurred over the years, as I can see. The attention to
maintenance, the attention to reinvesting in the system just to
keep it in a state of good repair, sort of like-new condition,
without having that continual reinvestment in the state of good
repair, it does cause reliability issues. You are now repairing
things. Things break down, even during the operation. That
shouldn't be the way it operates.
And I believe with the proposed capital program, that
especially with the infusion of the $150 million for 10 years
and the matching funds from the jurisdiction--that, combined
with maintaining the same level of other jurisdictional
contributions, will go a long way over a period of time to
restoring this system to a state of good repair.
It is not there now, and it has got to be changed. And that
is what we are focused on.
Senator Mikulski. Mr. Benjamin, do you want to comment on
that?
Mr. Benjamin. Yes. I agree entirely with the statement that
you made. Our rail system is not brand-new anymore. It is 34
years old. Senator Cardin made that point as well.
It is a system which has not been reinvested in. You cannot
have an infrastructure that hasn't been properly reinvested and
parts of it maintained properly. Most of our escalators, one of
the things that people complain about all the time, were
designed to operate for 20 years. Many of them are 30 and 35
years old.
When you have equipment that old, maintaining it, keeping
it operating is extremely difficult, and the result is you are
compromising safety.
When you have moving equipment that people ride on, you
have to maintain it. You have to replace it when the time
comes. And we have not made those investments, and that is what
is critically necessary. And I believe that with the new
funding that we have from the Federal Government, with the
continued funding by each of the jurisdictions by their match
to the funding from the Federal Government, we will be making
progress.
And probably, we will get to the point where we will be
able to bring our system to a state of good repair. What we
will then have is the challenge that we won't have enough money
to really deal with the expansion of service that is necessary
even within our given confines in order to allow us to serve
more and more people that will need to use our existing system.
Senator Mikulski. Well, I know you have just completed
extensive public hearings over the fare box issues, and you
have a pretty good sense that Metro, No. 1, is popular.
Mr. Benjamin. Yes.
Senator Mikulski. There is a lot of expectation of Metro.
As I understand it a significant amount of your funds are now
going into Metrobus and MetroAccess. Is that correct?
Mr. Benjamin. In the increase that is in the proposed
budget, the subsidy increase for bus goes up by about $20
million, the subsidy increase for MetroAccess goes up by about
$20 million, and the subsidy increase for rail is actually a
decrease of $40 million. So what we are looking at is
substantial subsidy going to bus and to paratransit and rail
not getting as much. What we are doing then is charging our
rail passengers more and having them pay that difference.
Senator Mikulski. Well, that is a pretty startling kind of
breakdown there because it is the rail that carries the
majority of the passengers. I am not into allocation or
disputing because I think you would be the first to say you
need rail, bus, and then people with special challenges need
the MetroAccess. We are not disputing any of that.
But for the $150 million Federal contribution, what are we
going to get? Are we going to get modernization? Are we going
to get maintenance? Are these safety improvements? What would
be the breakdown of the $150 million?
Mr. Sarles. You are getting, first and foremost, safety
improvements. The second is state of good repair improvements.
That is just bringing the system back to where it was, and when
you do that, you also improve the safety of the system because
there are less breakdowns, which causes other problems. That is
what the capital program is all about. It is safety and state
of good repair and that is especially what the dedicated funds
are going to, nothing else.
As the chairman was mentioning before, we are not, in this
program, at this time, investing in ways to expand the system
either by adding more eight-car trains or expanding the number
of buses. This is solely focused on the existing system's state
of good repair and safety.
Senator Mikulski. What about modernization?
Mr. Sarles. Only in the sense that, say, for instance, when
we replace the 1000 Series rail cars, we will, of course,
design them and build them to the latest standards, both safety
and functional and all the other standards. So, in that sense,
there is a modernization. When you take something old and
rehabilitate it, you bring it up to the most modern standard.
So you get that kind of modernization that goes on.
Senator Mikulski. Well, this takes me to the Federal
responsibility that while we might be self-congratulatory that
we are finally providing a guaranteed revenue stream of $150
million, the fact is, is that helps maintain the status quo in
good operating order.
Mr. Sarles. Right.
Senator Mikulski. I don't mean to overstate it, but is that
kind of a good summary of it?
Mr. Sarles. Exactly.
Senator Mikulski. So, if we wanted to modernize, it would
take additional revenue from either your Federal partners or
other partners. Is that correct?
Mr. Sarles. That is correct.
Senator Mikulski. If you wanted to because we know there is
going to be some rather robust NTSB recommendations. Those will
probably in many ways deal with more modernization. Am I
correct?
Mr. Sarles. Yes, I would assume so.
Senator Mikulski. Well, what I would like from you, as we
discuss it among ourselves because this goes to national
priorities for not only the Washington system, but for
Americans' public transit, is how are we going to meet our
responsibilities for capital improvement, modernization, and
operational cost? These are national issues, and in some ways,
you are right here. So we see you with the good, the bad, and
the ugly.
But I am going to go to the good, and a modern system needs
to be continually modernized and from a management standpoint,
modernization is not an event. It is a process.
Mr. Sarles. You are right. It is a continuing process. As
we rehabilitate, improve, we have to also bring it up to modern
standards. And if you don't, you fall behind.
Senator Mikulski. Well, I like to have hard, concrete
things, as you hear me say, to measure against, for example the
checklist for change. But when NTSB comes out with their
report, apart from overall words like ``modernization,'' we
would like to hear from you what would it take to implement it?
And I think that is a fair question.
We don't want to create unfunded mandates, but I think it
is time that Congress has to take a realistic view of what it
needs to do to provide in partnership--again, we are in
addition to the stakeholders and the locales. But at the same
time, if there are Federal requirements, there should be a way
for assistance to meet those Federal requirements.
Mr. Sarles. I would welcome that----
Senator Mikulski. I am sure that is the way you see it.
That, in some way, is out of the scope of the subcommittee. I
mean, it goes to authorization. But I believe rail, whether it
is heavy rail to move cargo in our corridors, whether it is--I
will call it heavy rail, to move people in the Northeast
Corridor, whether it is our MARC trains or the Virginia version
of that, we need to have a real commitment to rail and mass
transit in this country because, whether it is Purple Line, our
Red Line in Baltimore, your Red Line here, but we are running
into a lot of red ink. Isn't that the problem?
Mr. Sarles. Yes.
BUDGET SHORTFALL
Senator Mikulski. Now you have a $189 million shortfall?
Mr. Sarles. Currently, right.
Senator Mikulski. So, first of all, what you hear from the
subcommittee is not shouts and chest pounding about how we are
going to withhold the money until you do such things. We do
believe, though, there has to be modernization. There has to be
safety reform, and there has to be accountability. By
accountability, we mean real measurements.
So we are going to be talking with you over the next year.
We have said a lot about what we think about you. I am not
going to ask you what you think about us. But as Congress looks
at what it needs to do, I am asking you what your
recommendations would be to us about what a Federal partnership
would mean for modernization, safety improvements, and
increased operational reliability.
Whether it is the escalator working, which we hear a lot
of, or the fact that significant funds do go in buses.
Significant funds do go into meeting the Federal mandate of
access for people who are challenged. Am I correct?
Mr. Benjamin. You are absolutely correct.
Senator Mikulski. So do you have thoughts or
recommendations you would like to make to us?
Mr. Benjamin. Well, one of the issues, as you point out, is
that we do have a number of requirements that are already upon
us, one of those being providing service for persons with
disabilities. And that is an ever-increasing cost to every
transit system in the United States.
It is a critical service for us to provide because we are,
in fact, the lifeline for many of those people. It is the only
way that they can become productive members of society, and
therefore, it is critically important for us to provide the
service.
However, what we are discovering is that it is overwhelming
in terms of the cost increases, particularly in this area. It
is overwhelming our ability to also provide service for
everybody else because we just don't have enough money to catch
up with everything. So, to the degree that the Congress can
help us in funding that portion, and that is actually everybody
in the United States, every transit system in the United
States, funding the increasing operating costs of that portion,
it allows much of the State and local funding, which otherwise
is going into those increases, to be used for improvements in
bus and improvements in our rail service, which, as you point
out, is where the vast majority of our people are.
So we have got to draw a balance between providing a
critical service for people that have no other choice and
providing the really major service for the vast majority of the
people in the region. So it is an area that is very, very
important. And I would encourage the Congress to look at that,
both for Metro here, but for everybody around the country.
Senator Mikulski. That is what I was saying. This is a
national issue, and it is a mandate. Well, I can only speak
from personal experience. You know, about 10 months ago, I had
a fall and cracked my ankle in three places. So I got around
with a wheelchair. Then I got around with a walker. I had a
space boot that was 3 feet long. But my situation was
temporary.
But I learned a lot from the temporary situation because I
often thought about for many people, whether it is a returning
Iraq or Afghan vet, whether it is a senior citizen, a child
injured in an accident, mine was temporary, but for many, it
would be permanent. But I mean, even for me, getting to
doctor's appointments, returning to work, I had a car and
somebody to help me.
If I didn't have that, and you will be interested to know,
when I came in to vote for Sotomayor and I came in from Mercy
Hospital to meet my constitutional responsibility, I came in a
mobility van. Not yours, but something provided by the Senate
to move handicapped Senators or staff around. I thought, you
know, there are people that do this every day, and they need
it. I am really committed to them having that service.
But what you are saying is commitment, social policy,
economic policy, this would be an area where the Federal
Government is not taking over the role of the State and locals,
but it is meeting a Federal mandate. This is an area that would
enable State and locals to use other of their funds. So now you
are subsidizing the Federal mandate when the Federal Government
should be paying the share for its own mandate.
Mr. Benjamin. Extremely well said, Senator Mikulski.
Senator Mikulski. Is that the way it would go?
Mr. Benjamin. Absolutely.
Senator Mikulski. Well, I think that is a very good
direction to go in because as we ponder how to think about more
money, again, the national systems--New York, San Francisco,
Chicago, any big city, my own, the one in the Baltimore area--
we don't want to get in the business of being the local
government or the State government. But I think this is a very
good guidance.
CORRECTIVE ACTION PLANS
Before I go on to the other panel, I do have a question
again about the FTA report. I understand that there were a
number of open cases that were in the audit. I think there were
63 open cases dating back to 2006. Could you tell me where you
are on your open cases and the backlog, and were they resolved?
Mr. Sarles. Sure. They are not all resolved yet. One of the
things that we have been much more aggressive about is these
corrective action plans, and there are old ones and new ones
get added. We have actually become more aggressive in the last
few months, upping the number of closeouts, if you will.
I have given staff a goal of 10 a month so that when you
look at where we are--we are about at 85 because others got
added. But we are now cutting away at that backlog, if you
will, and the goal is to get them down quickly.
Senator Mikulski. How old is your oldest case?
Mr. Sarles. It is several years old. I don't remember the
exact date, but it is several years old.
Senator Mikulski. In other words, are you moving the
backlog?
Mr. Sarles. We are going after the backlog, too, as well as
the current stuff. Yes.
Mr. Benjamin. Senator Mikulski.
Senator Mikulski. Yes.
Mr. Benjamin. This was the area that I was referring to
that the board was actually very shocked when we discovered how
many of these cases there were. There are two parts to it. One
is the creation of a corrective action plan. That is responding
to an audit finding and saying this is what we are going to do.
We did reasonably well on that, but not very well; we had a
lot of corrective action plans that had never been filed, never
been created.
The second part is actually implementing that plan and
making sure you have done something. Now some of those you can
do very quickly and easily. Some of those are very difficult
because one of them, for instance, is a recommendation by the
National Transportation Safety Board that we replace 300 1000
Series railcars. Well, that takes a lot of money and takes a
lot of engineering. So those take longer.
So it is reasonable for some of them to be a little bit
older and some of them to be newer. But one of the things we on
the Board have said is we want to know what is out there and
what progress we are making and we are now getting those
reports.
Mr. Sarles. To give you a more definitive answer, the
oldest two are from 2004 and have to do with configuration
management, which is how you make sure all the changes that
take place on a particular event get integrated. Those are the
two oldest.
Senator Mikulski. Well, that is exactly what we are talking
about, all the lessons learned.
Mr. Sarles. Yes.
METROACCESS
Senator Mikulski. One last question and this is a budget
question. How much does it cost you to run MetroAccess, and how
much is the Federal contribution? Do you know that?
Mr. Sarles. Off the top of my head----
Mr. Benjamin. I can tell you what the Federal contribution
is. It is zero. It is around $100 million----
Mr. Sarles. Yes, that is the number. And there is no
Federal contribution to our operating budget. So we absorb that
totally. The jurisdictions do.
Senator Mikulski. Well, I think that is an interesting
insight.
Well, we want to thank you, Mr. Benjamin. We want to thank
you, Mr. Sarles. We know we are going to have a lot more
conversations. You are excused from the testimony. If you want
to stick around, we are happy to have you.
NONDEPARTMENT WITNESSES
Senator Mikulski. We would now like to call up to the
witness stand Ms. Jackie Jeter, the president of the
Amalgamated Transit Union Local 689. We also wanted to hear
from the riders. We wanted to hear from Mr. Francis DeBernardo,
the chairman of the Metro Riders' Advisory Council, and Mr.
Jack Corbett, the head of MetroRiders.org.
So, Ms. Jeter, you represent a good bit, if not the
majority of workers at WMATA. We would love to get your views
on safety. And again, there were people who were members of the
union who passed away at these terrible and horrific accidents,
our sympathy and condolences to their families.
But we feel that the way we can express sympathy is to make
sure it doesn't happen again and again and again. So we welcome
your testimony and your insights.
And to the riders, we want to hear what you have got to say
and uncensored, no holds barred.
STATEMENT OF JACKIE JETER, PRESIDENT, AMALGAMATED
TRANSIT UNION, LOCAL 689
Ms. Jeter. Thank you.
I would like to start off by thanking Chairwoman Murray, as
well as you, Senator Mikulski, on your insight concerning the
Federal Transit Administration's audit, also your introduction
of Senate bill 1506 on WMATA safety. It shows the dedication
that is needed on this particular issue.
Every WMATA stakeholder has a vested interest in making
sure that we discuss the issues, but more importantly, making
sure that we find solutions that enable us to move forward. As
a stakeholder, Local 689 is fully aware of each safety,
funding, and operations issue is interdependent. It is
incumbent upon all of us to rebuild the public's confidence in
our good, but aging transit system.
I will address each part of the questions that you ask. I
will start with the budget. In order to realistically develop a
plan of action that will address the various safety issues
facing the transit system, we must begin with the funds
necessary to operate and improve it. The infrastructure at
WMATA rail system is over 30 years old, and as such, an
investment must be made to improve technology, repair the
places where the structure has weakened, and provide for growth
of the system.
Proper fiscal planning must be the cornerstone of this
system. We have debated wage and benefit issues for the last 3
years and have been victimized by WMATA's failure to adequately
plan for expected labor cost increases. Beyond the impact of
wages and benefits, it is the impact on the public, as service
cuts are becoming standard practice to help close budget gaps.
Further, insufficient capital funds have led WMATA into an
environment where less than a state of good repair exists. For
example, WMATA has identified $11.4 billion in capital needs
over the next 10 years. Even with maintenance of efforts, the
budget gap will not be completely closed and only maintaining
the present system without providing an expansion.
And in my written testimony, I go on, but I would like to
also add that I would also recommend that requirements for
meaningful whistleblower protection be included in the
appropriations language. Some of the things that I talk about
are the flexibility in the capital budget allocation in order
to allow the use of capital funds to cover operating cost,
making sure that the Federal transit benefit remains at the
$230 a month; the two appointments for the Metro board, in our
opinion, should at least be someone of a transit advocacy
background, environmental group, or a labor union; and when we
go down to safety, we have addressed this holistically by
defining safety as a three-pronged stool. Our internal process;
interaction with WMATA, and the need to keep the public safety
at the forefront of our decisions and consideration for all
other components of the plan, including funding, that impact
everything that we do; the concerns of the Metro workers; and
needed improvements.
In the last several weeks, there has been an effort to
look more closely at the overall safety issues affecting the
system. Although I have been pleased to see some
recommendations given to the Metro board, I am not confident
that those changes will be implemented immediately. WMATA has
inculcated a culture of deferment, which postpones needed
improvements and changes in the system.
PREPARED STATEMENT
Finally, I note the tendency to blame individual employees
instead of looking for underlying systemic causes of safety-
related incidents. We believe that it should be urgency and
rapidity that causes Metro to do what is needed to improve the
safety of the Metro employees.
Thank you for your time and attention.
[The statement follows:]
Prepared Statement of Jackie Jeter
I would like to begin by thanking Chairwoman Murray for convening
this hearing and allowing us to participate in this important
discussion. Senator Mikulski, thank you for your insight concerning the
Federal Transit Administration's audit that has identified several
serious underlying safety problems. Your introduction of Senate bill
1506 on WMATA safety shows the dedication that needs to be given to
this issue.
Every WMATA stakeholder has a vested interest in making sure we
discuss the issues, but more importantly making sure that we find
solutions that enable us to move forward. As a stakeholder, Local 689
is fully aware that each safety, funding, and operations issue is
interdependent. It is incumbent on all of us to rebuild the public's
confidence in our good but aging transit system.
I will address each part of this equation: (1) Fiscal year 2011
budget request for WMATA; (2) Local 689's efforts to improve safety and
operational reliability; and (3) concerns of metro workers and needed
improvements.
fiscal year 2011 budget request for wmata
In order to realistically develop a plan of action that will
address the various safety issues facing the transit system, we must
begin with the funds necessary to operate and improve it. The
infrastructure of the WMATA rail system is over 30 years old and as
such, an investment must be made to improve technology, repair the
place where the structure has weakened, and provide for the growth of
the system.
While the need for more transportation has increased, the amount
given to fund that necessity has not. That is evident from the current
much publicized events at WMATA. The impact of insufficient funding has
had a devastating effect on workers, riders, businesses and overall
development in the three jurisdictions hosting the system. Public
transportation will never be profitable; it is a public service. The
critical nature of funding and the lack thereof has a major impact on
the riding public and WMATA employees.
Proper fiscal planning must be a cornerstone of this system. We
have debated wage and benefit issues for the last 3 years and have been
victimized by WMATA's failure to adequately plan for expected labor
cost increases. Beyond the impact on wages and benefits is the impact
on the public as service cuts are becoming standard practice to help
close budget gaps. I will emphasize the need for flexibility in the
capital budget allocation in order to allow the use of capital funds to
cover operating costs. The ability to purchase a bus or rail car is
only one part of the equation. If the Federal Government does not
establish flexibility in the use of funds, it will be guilty of
weakening the system. As users and providers, ATU Local has spent many
hours developing and outlining these suggested measures:
--Extend the Federal Transit Benefit at the $230 per month level
(Currently set to expire and revert to $120 per month as of
December 31, 2010.
--Require the Federal General Services Administration to appoint the
two remaining WMATA board members, (one voting, one non-voting)
with at least one with a transit advocacy background, such as
an environmental group or labor union.
--Support the passage of the Carnahan/Brown Bill to permit large
systems flexibility in use of Federal capital funds to cover
operating costs.
--Passage of an ``Emergency Assistance'' bill that would help transit
agencies through this recession.
--Move on 6-year Federal re-authorization bill that provides a
permanent funding plan for transit agencies. (Extension of
current authorization expires 12/31/2010. WMATA had recently
proposed a $4.6 billion, 6 year capital program. The previous
``Metro Matters'' agreement spent $2.8 billion + $.2 billion in
Stimulus Funds over a 6 year period. Adding the $1.8 billion in
Federal and local ``dedicated funds'' would have been a $4.8
billion program. Adding an inflation factor would make that
total even higher. The current draft agreement provides for a
level of spending just over $5 billion over the next 6 years.)
--WMATA has identified $11.4 billion in capital needs over the next
10 years. Even with ``maintenance of effort'' the budget gap
will not be completely closed and only maintaining the present
system without providing any expansion capacity.
--The General Services Administration should be urged to locate new
Federal facilities in the Washington area near Metro stations
and restrict the number of parking spaces at such Federal
facilities to a reasonable ratio of automobile vs. transit
usage.
--Support Obama's ``Public Transportation Safety Program Act'' (SB
3015).
--Review carefully the formula grant that is used as the basis for
Federal funding to consider adjusting the percentage allocated
to Metro.
--Lobby to establish a dedicated funding source from the
jurisdictions.
--Consider recapturing tax incentives given to businesses that
surround the Metro stations. They should bear a greater share
of the costs because they gain a greater benefit as a result of
their location.
--The Federal transit benefit should be indexed to both increased use
(riders) and inflation. It would get an annual increase
automatically that reflects the real costs of providing
increased services and any increase costs resulting from
inflation.
--Consider supporting the development of the outer spokes of the
system to increase ridership and revenue from business
development likely to occur around the stations.
local 689's efforts to improve safety and operational reliability
We have addressed this holistically by defining safety as a three
pronged stool--our internal process, interactions with WMATA and the
need to keep public safety at the forefront of our decisions, and
consideration of all other components of a plan, including funding,
that impact everything we do. Our Internal process includes:
--In cooperation with WMATA, relying on the Joint/Labor Management
Safety Committee to address issues as they occur.
--In our orientation process and during union meetings we openly
discuss safety issues and solutions.
--Forging a proactive media campaign and release of public statements
to apprise the public of issues and possible solutions to
safety problems with Metro.
--Testifying before local and Federal agencies in regard to safety
issues, incidents and accidents to publicize the changes and
improvements needed to ensure greater safety throughout the
system.
concerns of metro workers and needed improvements
In the last several weeks there has been an effort to look more
closely at the overall safety issues affecting the system. Although I
have been pleased to see recommendations given to the WMATA Board, I am
not confident that those changes will be implemented immediately. WMATA
has inculcated a culture of deferment which postpones needed
improvements and changes to the system. Finally, I would note that
there is a tendency to blame the individual employee, instead of
looking for underlying systemic causes of safety related incidents.
Local 689's experience concerning the investigations, leads us to
the belief that to date, WMATA has not implemented several key measures
that would make the Metrorail system safer.
Urgency and rapidity should be the hallmark of the suggested
changes we are offering below. WMATA must consider instituting the
following without delay:
--Multiple layers and redundancy of safety protections.
--Codification of standards for track worker safety similar to
Federal Railroad Administration track worker safety standards.
--Clear and concise communication between workers and controllers.
--Clear notification and designation of work areas and zones on the
right of way.
--Development of a safety communications plan that alerts all WMATA
employees immediately to incidents.
--Immediate notification of the union when a safety incident occurs.
--Firm commitment to respect the rights of workers to have a union
representative present during investigatory interviews after an
incident.
--Effective worker safety training.
--Supervisory enforcement of safety standards.
--A process for WMATA employees, to appeal the standards they believe
to be incorrect or unsafe, such as a Safety Appeal Board.
--Meaningful whistleblower protection to insure that employees are
not fearful of reporting perceived safety problems.
--Effective labor-management safety committees.
--WMATA's commitment to the rapid development and implementation of
procedures and standards that are calculated to improve safety
immediately and in the long term.
Thank you for your time and attention to my concerns. I would be
pleased to address any questions you might have in regard to my
testimony. Thank you on behalf of my members and the riding public.
Senator Mikulski. Thank you. That was very powerful.
Let us go down this way. Mr. Corbett.
STATEMENT OF JACK CORBETT, DIRECTOR, METRORIDERS.ORG
Mr. Corbett. Thank you, Senator.
I appreciate the opportunity to testify, and I wanted to
thank you on behalf of our members for your having lit a fire
under WMATA leadership some months ago when it was very much
needed. We are very appreciative of that.
As you have said so well, the riders are very upset and
have lost confidence in the system over the last year. The
tragedy on the Metrorail system last June, the loss of Ms.
Jeter's employees in other accidents, the scathing report from
the Federal Transit Administration over the safety culture at
WMATA, those things have all been very worrisome to riders. To
ride the train and to see people choosing not to go into the
first car of a six-car train because they know that was the one
that had the tragedy is very worrisome to us.
There is some good news. We are very pleased that two of
the four Federal members of the Board of Directors have been
appointed. Two, we are very pleased that WMATA has the
leadership of Peter Benjamin this year, whose many years of
service with WMATA makes him an admirable leader for WMATA's
board during this very tough period.
We are really pleased that this subcommittee is having this
hearing because there are not many Federal or regional agencies
that have any leverage over WMATA. As you know from having
cosponsored legislation, the FTA cannot mandate any safety for
WMATA. The local Tri-State Operating Committee is powerless and
cannot require Metro to do anything. So we think this
subcommittee, through your power over the conditions of the
$150 million annual appropriations, can be very, very helpful.
And we have got some very specific suggestions. As you have
already indicated, put on maintenance of effort requirement so
the jurisdictions that have financial problems of their own
don't play games where they give $50 million in one side and
they take money out of the other pocket. So that is very
important.
The other things the subcommittee could do to be very
helpful: you could call the administrator of the General
Services Administration [GSA] right now. They have been
interviewing candidates for the other two Federal appointments
since Thanksgiving, and we have urged that at least one of them
be a safety official that would be added to the Board of
Directors, and they still don't have two final appointments to
the Metro Board, when the Board has got to make very important
decisions about safety, funding, and capital.
Before you finalize your appropriation this year, check to
see how well WMATA is doing in agreeing to implement whatever
recommendations the NTSB comes out with between now and then
having to do with the causes of the tragic accident.
Also, it was your work last year that got the FTA to issue
that report. We think the subcommittee report ought to indicate
that FTA should do another report at the 1-year point just to
see what you have heard from Mr. Sarles and Mr. Benjamin is
really having an effect, rather than just being paper products.
PREPARED STATEMENT
We have other suggestions attached to our testimony. One I
have to mention is even with WMATA's and the jurisdictions'
best efforts, there is a $3 billion shortfall in the capital
needs, as Ms. Jeter has pointed out, over the next 10 years. In
the current capital budget, there is no money for any
additional railcars or buses for 10 years. That means the
riders who are standing today are going to have to stand for 10
more years unless somebody, maybe the Congress, maybe the
jurisdictions, contribute some funds to WMATA and other pressed
transit systems in the country to fill that gap.
Thank you very much, Senator.
[The statement follows:]
Prepared Statement of Jack Corbett
Chairman Murray and members of the subcommittee: Thank you for
inviting MetroRiders.Org to testify today to discuss fiscal year 2011
appropriations for the Washington Metropolitan Area Transit Authority
(WMATA) and the safety and operational reliability concerns of
Metrorail and Metrobus riders. MetroRiders.Org has represented the
views of transit users in the Washington, DC metropolitan area
beginning in 2004. We are a riders' voice outside WMATA.
safety concerns are paramount
WMATA's recent and continuing safety and financial challenges are
well known. The June 2009 Metrorail tragedy that took 9 lives and
injured 80 others and the subsequent deaths of track workers document
that Metrorail safety problems impact riders and employees alike.
Senator Mikulski's leadership in urging a Federal Transit
Administration (FTA) safety audit of WMATA and the regional (powerless)
Tri-State Oversight Committee generated a hard look at WMATA's own
safety program and resulted in a scathing FTA report questioning the
safety culture at WMATA. More recently, David Gunn, a former WMATA
General Manager, was asked by the current WMATA Board to conduct a
review of the entire Metro operation. That 2-week review resulted in a
report highly critical of WMATA's management and organization and
suggested that ``MetroRail has downhill momentum that will be difficult
to stop.'' Both the FTA audit and the Gunn presentation to the WMATA
Board should be included in the record of today's hearing.
Finally, the National Transportation Safety Board (NTSB) held 3
days of investigative hearings in February about the June 2009
Metrorail tragedy; its findings on the probable cause or causes of that
accident should be released soon. For all these reasons it's
understandable that there has been a loss of rider and public
confidence in Metro's safety, management and operation.
wmata board has been responsive to safety concerns
The current WMATA Board has played catch-up but is now attuned to
fixing the system's safety problems. We are grateful that current WMATA
Board Chairman Peter Benjamin has had decades of experience as a WMATA
staff official and is leading the Board--composed of public officials
and political appointees--during this critical period. The recent
appointments of an Interim General Manager and a new WMATA Chief Safety
Officer are hopeful signs.
financial problems underlie the 34-year old metrorail system's frailty
Metrorail's safety problems are not unconnected to its age. Like
many aging transit systems across the Nation, Metrorail needs to
replace its oldest cars and rail infrastructure to meet FTA's ``state
of good repair'' recommendations, as well as to increase rail and bus
capacity to meet growing traffic demand. Unfortunately those capital
requirements are occurring at a time when WMATA's contributing
jurisdictions are hard pressed to provide the needed resources because
of their declining revenues during the national economic downturn.
fiscal year 2011 operating budget gap is almost resolved
There's somewhat better news, at least procedurally, about WMATA's
operating budget. Everyone has read that WMATA has an estimated $189
million gap in its fiscal year 2011 Operating Budget (July 2010-June
2011). While riders will have to pay substantially higher fares
starting this summer to help eliminate the coming year's operating
budget gap and even then may suffer some service cuts, the WMATA Board
has handled this situation very well. It opened up its decisional
process to input from riders and the general public well before tough
decisions were needed.
WMATA received some 5,000 communications from the public about ways
to solve the budget problem; some groups, including MetroRiders.Org,
offered highly detailed proposals that were designed, for example, to
move riders out of congested peak periods where possible, and to
generate adequate revenue to eliminate or substantially reduce the need
for Metrorail and Metrobus service cuts. We are grateful to the WMATA
Board and staff for carefully considering these options. That the
process was open, transparent and deliberative will make the resulting
and inevitable fare increases somewhat more palatable.
metroriders.org's ``top 10 recommendations to improve wmata''
MetroRiders.Org has developed a substantial list of recommendations
for restoring the public confidence in WMATA's governing body and
management and in the safety of everyday Metrobus and Metrorail
operations. That list is attached, and our recommendations would
involve actions by this subcommittee, other Senate and congressional
committees, Maryland, Virginia and the District of Columbia, the WMATA
Board itself, and private organizations as well.
senate thud appropriations subcommittee has broad jurisdiction over
wmata
This subcommittee's jurisdiction over WMATA includes the authority
to make appropriations for the U.S. Department of Transportation and
its component agencies such as FTA and, specifically, from title VI of
the Passenger Rail Investment and Improvement Act of 2008 (Public Law
110-432, October 16, 2008) (PRIIA). That recent law authorizes the
appropriation of up to $150 million annually for a decade to WMATA to
finance in part the capital and preventive maintenance programs
included in the Capital Improvement Program approved by WMATA's Board
of Directors. Those Federal funds must be matched by contributions of
``dedicated'' State and local funding from Maryland, Virginia and the
District of Columbia.
That statute included a number of additional, specific conditions
upon which congressional appropriations to WMATA would depend.\1\
MetroRiders.Org urges this subcommittee to actively supervise WMATA's
compliance with these conditions:
---------------------------------------------------------------------------
\1\ Title VI authorized the Administrator of General Services to
appoint four new directors to the WMATA Board, two voting and two non-
voting directors with one voting director ``to be a regular passenger
and customer of WMATA's bus or rail service.'' To date, GSA has only
appointed two directors, one voting and one non-voting. Both appointees
are highly regarded and have been important additions to the WMATA
Board. Because the WMATA Board is considering many critical agenda
items (6-year capital budget, fare increases for fiscal year 2011,
etc.) we believe the GSA Administrator should announce her final two
appointments as soon as possible, as well as to specify which of the
two voting directors would be the designated ``regular passenger''
board member.
Further, the statute required WMATA to appoint an Inspector General
for the agency, with full IG-level powers for internal investigations
of budgetary and agency management issues. We have been disappointed
that the new Office of Inspector General has concentrated on auditing
agency contracts (as had the predecessor internal auditor) and has not
focused on important agency management issues, as Congress clearly
intended by its mandate. The media has performed what are traditional
IG functions at WMATA, such as identifying ineffective staff
organization of safety functions, lack of proper treatment of the Tri-
State Operating Committee, etc.
---------------------------------------------------------------------------
--The subcommittee should appropriate the full authorized $150
million in Federal funds in fiscal year 2011 for WMATA capital
projects but with conditions.
MetroRiders.Org is appreciative of this subcommittee's
appropriating $150 million to WMATA for fiscal year 2010 but is
disappointed that, 6 months after that fiscal year 2010 appropriations
was enacted, WMATA has not yet finalized its application for FTA
project approval for Federal and local matching funds. That said, the
subcommittee should make full appropriations to WMATA for fiscal year
2011, as recommended in the President's budget, because the funding is
much needed for high priority capital projects.
--Fiscal year 2011 appropriations should be conditioned upon the
State and local jurisdictions' maintaining their past
``continuity of effort'' with their own funds as the $300
million annual Federal/local match contribution was to be all
``new money.''
We and other groups (and the local media) were very disappointed
that the State of Maryland recently tried to reduce its fiscal year
2011 capital contribution to WMATA below its past contribution level.
Had this effort been successful, Maryland's $50 million in matching
funds for the PRIIA appropriations would have been provided but its
past annual contribution to WMATA (from the same pot of State
``dedicated funds'') would have been reduced--resulting in a
displacement of State funds with Federal capital funding. Worse,
because Maryland, local jurisdictions in Virginia, and the District of
Columbia contribute to WMATA based on a pro-rata formula, Maryland's
reduced contribution would have also limited the contributions that the
other two jurisdictions would make in fiscal year 2011.
Only the glare of unfavorable publicity apparently caused Maryland
recently to agree to increase its fiscal year 2011 capital contribution
to WMATA to its fiscal year 2010 level plus the $50 million in new
PRIIA-matching funds.
Congress should condition fiscal year 2011 PRIIA appropriations to
WMATA upon all three jurisdictions maintaining their past ``continuity
of effort'' with their own funds. If severe fiscal problems in any
jurisdiction preclude such continuous funding levels, that jurisdiction
must promise to make up any shortfall within a specific number of
fiscal years.
--Before the House-Senate Conference on fiscal year 2011 THUD
Appropriations, the subcommittee should review the adequacy of
WMATA's response to the NTSB's findings and safety
recommendations resulting from the June 2009 Metrorail crash.
In fiscal year 2010, the Congress conditioned WMATA's use of PRIIA
appropriations to assure that safety projects would be funded. In
fiscal year 2011, the Congress should review the adequacy of WMATA's
response to the NTSB recommendations, anticipated to be released
shortly. Currently, WMATA has a $30 million plug in its proposed 6-year
capital budget for this purpose.
--The subcommittee report on fiscal year 2011 PRIIA appropriations
for WMATA should request FTA to undertake a follow-up safety
audit of WMATA 1 year after the first audit.
Because FTA's recent audit of WMATA found many serious safety
concerns, and because FTA doesn't currently have authority to regulate
WMATA's rail safety operations (see attached ``Top Ten Recommendations
to Improve WMATA'' list), the subcommittee should urge FTA to conduct a
follow-up audit of WMATA a year later to see if internal WMATA safety
management has improved in the interim.
--The subcommittee should appropriate funding to implement enactment
of the ``Public Transportation Safety Program Act of 2010.''
As you know, FTA currently is statutorily precluded from setting
and enforcing safety standards for rail transit systems such as WMATA's
Metrorail system. We hope this legislation can be enacted soon,
separately if necessary from congressional reauthorization of multi-
year surface transportation funding. When enacted, FTA could set safety
standards for Metrorail, or Maryland, Virginia, and the District of
Columbia could empower the Tri-State Operating Committee to undertake
safety regulation of Metrorail. MetroRiders.Org prefers direct Federal
safety regulation of WMATA by FTA.
The administration has requested $24.1 million in fiscal year 2011
for a new Rail Transit Safety Oversight Program and for an additional
$5.5 million to fund 30 FTE in FTA's new and expanded Office of Safety.
We hope the authorizing committees of Congress act on this needed
legislation soon and that this subcommittee can provide the necessary
appropriations.
Again, thank you for allowing MetroRiders.Org to testify. I'd be
pleased to answer any questions.
metroriders.org' s ``top ten recommendations to improve wmata''
Safety
Enact S. 1506/H.R. 3338 to authorize the Secretary of
Transportation to establish national safety standards for transit
agencies operating heavy rail on fixed guideways.
Request FTA to update its safety audit on WMATA 1 year later.
Assure adequacy of WMATA's response to expected findings and safety
recommendations of the National Transportation Safety Board (NTSB)
concerning the probable cause of Metrorail's June 2009 crash with
fatalities and injuries.
Capital Financing
Approve full authorized $150 million appropriation for WMATA in
fiscal year 2011 on matching basis with Maryland, Virginia, and the
District of Columbia but with conditions.
Condition fiscal year 2011 appropriations to WMATA upon State and
local jurisdictions' maintaining their past ``continuity of effort''
with their own funds as the $300 million annual Federal/local match was
to be ``new money.''
WMATA, its Contributing Jurisdictions and Congress should develop a
plan to provide $3 billion in additional capital funding to WMATA over
the next 10-year period (fiscal year 2011-fiscal year 2020) to provide
needed rail and bus capacity during the decade beyond the inadequate $5
billion 6-year capital plan now being negotiated by WMATA with its
Contributing Jurisdictions.
Management/Governance
The Administrator of General Services should appoint the remaining
two Federal directors to the WMATA Board of Directors to supplement the
existing two appointees and to designate one of the two voting Federal
directors as the ``regular passenger'' Board member.
Support the project of the Metropolitan Washington Council of
Governments and the Greater Washington Board of Trade for a fast-track,
independent review of WMATA's current governance structure.
Support amendments to the congressionally-approved ``WMATA
Compact'' that would make transparent and available for public comment
the various ``behind-closed-doors'' negotiations among the Contributing
Jurisdictions as to their future capital contributions to WMATA and to
require WMATA to follow the ``open government meeting laws'' of area
jurisdictions.
Other
Congress should extend the current $230/month transit ``commute
benefit'' beyond December 2010 for parity with the existing parking
benefit.
Senator Mikulski. Thank you. That was a very meaty
presentation, Mr. Corbett. Thank you very much.
Mr. DeBernardo.
STATEMENT OF FRANCIS DeBERNARDO, CHAIRMAN, RIDERS'
ADVISORY COUNCIL
Mr. DeBernardo. Yes, thank you. Thank you, Senator
Mikulski.
Thank you for inviting me to testify. My name is Francis
DeBernardo, and I am chair of the Metro Riders' Advisory
Council.
As a transit-dependent rider, I commute each day via
Metrorail and Metrobus from my home in Greenbelt, Maryland, to
my office in Mount Rainer, Maryland. On behalf of the council,
I commend President Obama for including $150 million in his
proposed fiscal year 2011 budget for capital and preventive
maintenance projects.
I also thank Congress for including funding in this year's
budget. These grants, matched by jurisdictional partners, will
address critical safety needs.
As riders, we appreciate the Federal Government's
recognition of the unique relationship between itself and Metro
and urge you to ensure that these funds remain in the fiscal
year 2011 budget. We ask, too, that you ensure that local
jurisdictions will continue to fund Metro's capital needs by
making any Federal aid dependent on maintenance of efforts from
local jurisdictions.
Along with this $300 million, Metro and its partners must
finalize a new capital funding agreement. Metro has estimated
that it has $11 billion in capital needs over the next 10
years. However, as has been mentioned, if funding levels
proposed remain constant over the next 10 years, funding will
fall short by over $3 billion.
Failing to keep the system in good repair seriously
threatens safety. While certainly not as dramatic as the
incidents that have occurred this past year, crowded platforms
following service disruptions, crumbling platform tiles, and
out-of-service elevators and escalators are significant
recurring safety concerns. Ensuring stable and sufficient
capital funding for Metro is necessary to improve safety.
Commuters are not the only ones who benefit from good
transit. The entire region benefits economically. Tourists
visiting the Nation's capital benefit from having a convenient
way to see the city. The Federal Government benefits from
greater productivity. And drivers benefit from reduced
congestion on roadways.
Riders have expressed their vision for improvements at
Metro. They want more reliable service, greater focus on
customers, and clearer frequent communication from Metro,
especially when things go wrong. Metro will soon begin a more
robust reporting of its operational performance, and riders
look forward to working with Metro to use those reports to
improve service.
Safety should top the list of Metro's core values.
Effective oversight is critical to maintaining safety and
confidence in transit. Mandates and projects that improve
safety while maintaining service quality can greatly enhance
transit. Mandates that impair service in the long run in the
name of safety will only drive commuters to other more
dangerous modes of travel.
PREPARED STATEMENT
We are pleased that Congress is taking a strong interest in
the safety and success of the Washington area's transit system.
I thank you for this opportunity to provide testimony and would
be happy to answer any questions you have.
[The statement follows:]
Prepared Statement of Francis DeBernardo
Chairman Murray, Ranking Member Bond and members of the
subcommittee, thank you for inviting me to testify today. My name is
Frank DeBernardo and I am chair of the Metro Riders' Advisory Council.
The Riders' Advisory Council was established by Metro in September
2005 and serves as the riders' voice within Metro. The Council provides
feedback to the Board as well as customer input to Metro staff. Council
members are appointed by the Board of Directors. The Council consists
of 21 members, 2 from each of the District of Columbia, Maryland and
Virginia, 2 appointed at-large and the Chair of the Accessibility
Advisory Committee. Members use all of Metro's transit services--
Metrobus, Metrorail and MetroAccess--and represent a diverse mix of
ages, backgrounds and ways in which they use Metro.
Metro experienced several tragedies in 2009, and suffered a
substantial loss of public confidence. The June 2009 crash on the Red
Line and subsequent declines in service reliability not only shocked
and saddened the region, they also accelerated awareness of the larger
problem, the growing disrepair of the Metrorail infrastructure.
Despite the challenges faced by WMATA, it remains a vital asset to
the Washington region. A recent Washington Post poll found that 80
percent of riders rate the system positively. During April 2010,
Metrorail recorded 3 of its top 5 highest ridership days (April 1, 2,
and 7). This underscores the region's dependence on Metro and also
highlights the need to redouble efforts to maintain and expand the
system.
On behalf of the Council, I would like to first commend President
Obama for including $150 million in his proposed fiscal year 2011
budget for capital and preventive maintenance projects at Metro. These
grants, matched by dedicated funding from Metro's jurisdictional
partners, will help fund projects to address Metro's most critical
safety needs. As riders, we appreciate the Federal Government's
recognition of the unique relationship between the Federal Government
and Metro and urge you to ensure that these funds remain in the fiscal
year 2011 budget as it is considered by Congress. We ask, too, that you
help to ensure that local jurisdictions will continue to adequately
fund Metro's capital needs by making any Federal aid dependent on
maintenance of efforts by local jurisdictions.
Along with the $300 million provided annually through the Passenger
Rail Investment and Improvement Act of 2008, Metro and its partners
must finalize a new capital funding agreement prior to the beginning of
the new fiscal year on July 1, 2010. We are encouraged that
jurisdictions have committed to fund a $5 billion 6-year capital plan.
Recent decisions to restore funding for Metro's capital plan represent
good news for riders. However, Metro estimated that it has $11 billion
in capital needs over the next 10 years; the 6-year plan, as proposed,
will mean that Metro will still fall short of this estimate of needs by
over $3 billion over the next 10 years.
Failing to keep the system in a state of good repair seriously
threatens safety. While certainly not as dramatic as the incidents that
have occurred over the past year, crowded platforms following service
disruptions, crumbling platform tiles and out-of-service elevators and
escalators are significant, recurring safety concerns.
Ensuring stable and sufficient capital funding for Metro is
necessary to improve safety.
As WMATA prepares to enter into its next capital plan on July 1 of
this year, governments must also provide the resources necessary to
adequately maintain Metro's safety and service, from specific safety
recommendations from the National Transportation Safety Board to the
everyday yet critical maintenance challenges.
In addition, WMATA must secure support for its operating budget.
Closing the currently-projected $190 million operating budget gap for
fiscal year 2011 will likely require both substantial fare increases
and significant service cuts. Proposed service cuts, while greatly
reduced from the original proposals, will still result in riders paying
more for less service. During recent public hearings on WMATA's
proposed operating budget, fare increases and service reductions,
riders expressed a clear preference for increased fares over reductions
in service. However, fares cannot be raised too greatly lest riders,
especially the most vulnerable, be priced off of Metro. In addition,
members of the public stated clearly that Metro must work to improve
its service reliability.
The Council is encouraged that Metro will, next month, launch its'
``Vital Signs'' report to provide the Board, the public and other
stakeholders a detailed overview of Metro's monthly performance. As
rider representatives, the Council looks forward to working with Metro
to ensure that these reports provide meaningful information and that
issues they identify are subsequently addressed. It is an old adage
that ``What gets measured gets done.'' These reports represent an
opportunity for an honest dialogue between Metro and its stakeholders
about what needs improvement and how we can work together to make those
improvements happen.
Commuters are not the only ones who benefit from good transit. The
entire region benefits economically. Tourists from around the country
who visit the Nation's capital benefit from having a safe and
convenient way to see the city. The Federal Government benefits from
greater productivity. And drivers benefit from reduced congestion on
roadways. For that reason, the Riders' Advisory Council and transit
advocacy groups asked local jurisdictions to increase their
contributions enough to forestall severe service cuts, and it appears
that many of the most onerous cuts will be avoided.
Over the long term, Federal, State and local governments must
recognize the tremendous asset that Metro represents to the region and
support it accordingly. A majority of residents in the aforementioned
poll said that the region should find new ways to fund Metro, even if
that meant raising some taxes.
Metro's budget difficulties are certainly not unique among the
Nation's transit systems. A recent study released by the American
Public Transit Association noted that 84 percent of transit systems in
the United States are planning to raise fares and/or decrease service,
or have already done so. Metro does provide uniquely direct value to
the Federal Government, and therefore we hope Congress and the States
can work together to explore long-term funding sources.
In the midst of all of these challenges, Metro must also find a
new, permanent General Manager. The Council hopes that as the Board
begins its search it will solicit input from all of Metro's
stakeholders, including its riders and its employees.
Riders have expressed their vision for improvements at Metro. They
want more reliable service, greater focus on customers, and clearer,
more direct and more frequent communication from Metro, especially when
things go wrong. While the General Manager must ensure a safe system,
the region also needs a GM able to improve service quality and
communicate effectively with the public to restore confidence. The
Board should seek a candidate able to address Metro's long-term as well
as short-term challenges and listen to stakeholders' views about those
challenges.
Safety should top the list of Metro's core values. Effective
oversight is also critical to maintaining safety and customer
confidence in transit. Still, safety cannot exist in a vacuum.
Statistics show that commuting by rail is approximately 34 times safer
than driving, and many riders make a daily decision between the two.
Mandates that improve safety while maintaining service quality can
greatly enhance transit; mandates that impair service in the long run
in the name of safety will only drive commuters to other, more
dangerous modes of travel. Transit must be safe; it also must not be
permanently hamstrung in ways that actually make travelers across all
modes less safe.
We are pleased that Congress is taking a strong interest in the
safety and success of the Washington area's transit system. At the same
time, safety for commuters in our Nation's capital does not start and
end with Metrorail. A U.S. Department of Agriculture employee was
killed by a driver after the recent snowstorm when the employee tried
to walk to the Branch Avenue Metrorail station in Prince George's
County, Maryland, where the sidewalks had not been cleared.
Metro safety issues have received considerable press recently, but
the degree of press attention has been so great specifically because
Metrorail fatalities are so rare, while fatalities on roadways are
common to the point that we have become inured to these tragedies. This
Congress should not ignore these larger safety concerns, and could draw
needed attention to them by also conducting oversight into the ways in
which elements of the entire transportation network, including our
roadway designs, snow removal policies, and traffic law enforcement
succeed or fail at maximizing the safety of commuters on all modes.
A safe, reliable, well-maintained and adequately funded Metro
system will enhance the entire region, including the Federal
Government. I thank you for the opportunity to provide testimony and
would be happy to answer any questions you may have.
Attachment A.--List of Current Riders' Advisory Council Members
riders' advisory council roster (as of may 17, 2010)
2010 Officers:
Chair: Frank DeBernardo
District of Columbia Vice-Chair: David Alpert
Maryland Vice-Chair: Victoria Wilder
Virginia Vice-Chair: Dharm Guruswamy
jurisdiction
At-Large:
Dharm Guruswamy
Carl Seip
Patrick Sheehan (Accessibility Advisory Committee Chair)
District of Columbia:
David Alpert
Kelsi Bracmort
Patricia Daniels
Kenneth DeGraff
Carol Carter Walker
Diana Zinkl
Maryland:
Sharon Conn (Prince George's County)
Frank DeBernardo (Prince George's County)
Christopher Farrell (Montgomery County)
Ronald Whiting (Montgomery County)
Victoria Wilder (Montgomery County)
Virginia:
Penelope Everline (Arlington County)
Robert Petrine (Fairfax County)
Clayton Sinyai (Fairfax County)
Lorraine Silva (Arlington County)
Evelyn Tomaszewski (Fairfax County)
Lillian White (City of Alexandria)
Attachment B.--Letter to Board of Directors Concerning Metro's Fiscal
Year 2011 Operating Budget
Riders' Advisory Council,
Washington, DC, April 19, 2010.
Chairman Benjamin and Members of the Board: This letter serves as
the formal position of the WMATA Riders' Advisory Council on the fiscal
year 2011 operating budget, currently estimated to contain a $189.2
million shortfall.
First, we recognize and appreciate the efforts of the Board of
Directors to solicit meaningful public comment on a wide variety of
proposals to address the current budget situation. Providing the public
with alternatives has spurred public debate and allowed riders to
select from a menu of options to create a sound fiscal year 2011
budget. We strongly encourage the Board and the Authority to review the
fiscal year 2011 budget and reduce administrative spending as much as
possible to close the projected budget gap.
Over the past several months, our members have held lengthy
meetings devoted purely to the budget, attended public hearings,
solicited feedback on their commutes, and debated the merits of the
many different proposals put forward by WMATA staff, the Board and
other groups.
This Council is faced with two distasteful options--service
reductions which could drastically impact the quality of life in our
region and/or fare increases that might price some residents out of
using our transit system.
To limit the need for these drastic options, the R.A.C. continues
to strongly support increased jurisdictional subsidies and dedicated
local and Federal funding for the Metro system. While budgets are
tight, we remain hopeful that local and Congressional leaders will
fight to expand Metro funding at the jurisdictional and Federal level
in recognition of the Authority's role as a unique regional and
national asset.
We also recognize that Metro will make changes to MetroAccess
service, continue negotiations with its operating unions to decrease
costs, cut administrative positions, and continue to explore
alternative revenue sources in an effort to reduce the budget shortfall
in fiscal year 2011.
We are deferring to the Accessibility Advisory Committee's
recommendations on the proposed changes to MetroAccess, which have
already been submitted as part of the public hearing record.
If the Board, after it exhausts all other options to close the
fiscal year 2011 budget gap, finds that fare increases and service cuts
on Metrorail and Metrobus are absolutely necessary, the WMATA Riders'
Advisory Council prefers the following proportions and priorities for
the Board's decisionmaking:
If any fare increases should be necessary, we prefer the Board
implement them in the following order from least to most undesirable:
--Decreasing the transfer time among all modes from 3 to 2 hours;
raising the fare differential for (rail) paper farecards; and
instituting a peak-of-peak rail surcharge, which are preferable
to
--Increasing late-night weekend fares (after midnight); increasing
the reserved parking fee; and increasing airport bus fares
(with the consideration that steps be taken to protect airport
workers), which are preferable to
--Increasing bicycle locker rental fees; increasing general parking
fees; and increasing express bus fares for non-airport buses,
which are preferable to
--Increasing the SmarTrip fare differential on bus, which is
preferable to
--Increasing base bus fare along with an increased transfer discount,
which is preferable to
--Increasing regular (rush hour) rail fare, which is preferable to
--Increasing reduced (off-peak/weekend) rail fare, which is
preferable to
--Any special event fares on rail; peak fare surcharges on crowded
bus routes; and increasing base bus fare without increasing the
transfer discount, which are preferable to
--Reducing the age at which children ride free, from under 5 years of
age to under three years of age.
If any service cuts to Metrorail should be necessary, we prefer the
Board implement them in the following order from least to most
undesirable:
--Modifying headways and train lengths on four holidays: Columbus
Day, Veterans' Day, Martin Luther King's Birthday and
Presidents' Day; Restructuring peak service on the Red Line to
have 3 min headways from Grosvenor to Silver Spring and 6 min
from Silver Spring to Glenmont and Grosvenor to Shady Grove;
and early morning weekday headway widening, which are
preferable to
--Closing station entrances or mezzanine levels (after a full and
transparent review of safety and security issues these closures
may cause), which are preferable to
--Weekend headway widening, which is preferable to
--Late night headway widening, which is preferable to
--A later weekday opening time at 5:30 a.m., which is preferable to
--A later weekend opening time at 8 a.m., which is preferable to
--Earlier weekend closing times; and weekend station closures, which
are preferable to
--Elimination of peak 8-car trains; elimination of Yellow Line
service to Fort Totten off-peak/weekends; and elimination of
Yellow Line service after 9:30 p.m. and on weekends except for
a rail shuttle between King Street--Huntington.
If any service cuts to Metrobus should be necessary, we prefer the
Board implement them in the following order from least to most
undesirable:
--Reducing and eliminating bus stops after a full and transparent
review of cost, safety and security measures that these changes
may cause; and reductions in holiday service, which are
preferable to
--Eliminating of line segments/local overlap, which is preferable to
--Peak-period headway widening, which is preferable to
--Weekend headway widening; and off-peak weekday headway widening.
We strongly recommend that any proposals to eliminate entire bus
lines, weekend routes or service, or late-night (after midnight) trips
be examined on a case-by-case basis and give consideration to distance
and accessibility of alternative route service during peak and off-peak
times and route efficiency metrics.
Additionally, we suggest the Board find a middle-ground on many of
the aforementioned fare and service changes. Rather than focusing a
disproportionate level of service cuts or fare increases on one sector
of Metro riders, if any are necessary, we strongly prefer a moderate
slate of cuts and increases that is spread more evenly across the
entire ridership base.
If the Board must make fare increases and service cuts, we prefer
that service cuts represent a very small percentage compared to fare
increases. As noted above, we hope that increased jurisdictional
contributions and other savings measures can reduce as much as possible
the need for fare increase or service cuts.
As you well know, Metro is our communal responsibility. We all reap
the benefits when we commute to work, attend cultural events, and visit
friends throughout the region. It is this Council's sincerest desire to
work with the Board to find more stable funding solutions so that a
budget situation such as this one never happens again.
If you have questions about our proposal or would like to discuss
this matter further, please contact myself or Carl Seip, Chairman of
the Committee on the Budget, through John Pasek in the Office of the
Board Secretary.
Sincerely,
Francis Deberardo,
Chair.
Senator Mikulski. Well, thank you.
WORKER SAFETY
Before I get to kind of the rider questions, I would like
to go to Ms. Jeter, if I may? I have been disturbed about so
many things. First of all, the accidents themselves, the
scathing FTA report, the Gunn report, the things that you have
all referenced. But the very poignant tale of Mrs. Jeffrey
Garrard, who called to share her safety concerns, and when she
said that their solution was have a video and hand out hard
hats. That there was no backup camera on the maintenance truck,
the backup sound and lights were disconnected, and Metro didn't
have floodlights.
You know, a safe Metro has to ensure the safety of the
workers to ensure the safety of the riders. Do you feel that
safety has improved for your workers? Do these patterns
continue to persist? Or do you feel that steps are being made,
and what steps do you see being made?
Ms. Jeter. I can only say that I hear, just like you do,
that steps are being taken. I am sure that Mr. Sarles has
tackled those things that are right in front of his face.
Unfortunately, I think that it is so entrenched that it is
going to take--I have been disappointed for the last year
almost. It has been almost a year now that nothing concrete
other than testing, and I forget what it is called, but it is
the test that they use to see whether or not they are going to
have a circuit to fail, is the only safety measure that has
taken place.
We have known ever since this accident has occurred, and I
have talked to not only Garrard's wife, but I also talked to
Jeanice McMillan's mother, and I have to tell her that your
daughter was an angel because although she died, she brought
out a lot of issues that were here, entrenched at WMATA, and we
have been able to look at them full faced. And hopefully, we
will find a solution for them.
But I am disappointed because I keep hearing talk, but I
don't really hear the ``do.''
Senator Mikulski. Well, what about the safety and the
safety training and the safety officer?
Ms. Jeter. I am looking forward to seeing that. I would
like to see it right now. And I know for the last couple of
weeks, I have been getting reports of safety committee meetings
that have been taking place.
And because the union, too, has said, okay, we have to step
up our safety efforts, and we have to be the ones that are
going after incidents or things that are being told to us by
the members, there has been a butting of heads, so to speak,
because it seems like in those safety meetings, there is a plan
of action that the management comes in with, and the workers
want to talk about things that are actually happening out on
the line, and they seem to be butting heads. So I have to look
into that and find out what is going on because, to me, that is
not going to resolve.
Senator Mikulski. Well, it seems to be that there needs to
be a mechanism of communication between labor and management.
In your testimony, you talked about relying on the Joint Labor-
Management Safety Committee to address issues. Does that exist,
and does it function?
Ms. Jeter. It exists. We haven't met as that particular
committee for a while. Actually, I got a letter from Mr. Sarles
this morning, and one of the things that has happened, even
though we weren't meeting, when Chief Taborn was acting as the
safety officer, he included that committee in with the WMATA
Executive Leadership Team [ELT] committee.
And after I attended a couple of the meetings, I am still
trying to grapple how they function. But I am not so sure
whether or not we should do that. But I am willing to see if it
will work.
Senator Mikulski. Again, I am not the manager of WMATA, but
I believe it is in the best interest of the functionality of
the system that labor and management have a regular systematic
way of communicating. That it be a regular system. That the top
union officials have a chance to talk to the top Metro
management to bring issues of concern. That it is regular and
that they are systematic and that it have a formalized agenda.
This is not about contract negotiations. This is about
problem solving.
Ms. Jeter. Right.
Senator Mikulski. Does such a mechanism exist now? You are
the head of the union.
Ms. Jeter. I know. I will say, yes, it does because--I will
say, yes, it exists, but it is not functioning properly. I will
have to say it that way.
Senator Mikulski. Well, why doesn't it function properly?
Does it meet on a regular basis?
Ms. Jeter. The ELT committee does meet. I don't--I have a
problem with actually including the two. I think we are going
in two different directions. The union's position where safety
is concerned is sometimes not at the same place that this ELT
committee is.
Senator Mikulski. I understand that, but I am going to get
lost in this committee. I mean a subcommittee and this
subcommittee's name and so on. I am an outcome gal. So my
outcome is this. What does it take to have labor and management
meet on a regular basis, to have regular communication of
things of mutual concern?
Ms. Jeter. Mr. Sarles and I have spoken of that. We have
both said that we are going to meet regularly with one another,
and because of his answer to my letter this morning, concerning
the Joint Labor-Management Committee, I will talk to him about
that because----
Senator Mikulski. So, as of now, almost 11 months since the
accident, there is no joint regular systematic, joint mechanism
of communication?
Ms. Jeter. The Joint Labor-Management Committee that was
there, we stopped meeting when Alexa Samuels was the head. We
stopped meeting. And we have had maybe one meeting. I think we
had one meeting in February.
Senator Mikulski. Okay, let us stop. Mr. Sarles, what do
you think? Do you think we can get something going here?
Mr. Sarles. Absolutely. In fact, inside of that first 2
weeks, I met with Jackie, and we personally are going to meet
about once a month to go over safety concerns, besides what is
going on in the organization.
Senator Mikulski. There has to be exactly this. You might
have one view of what the safety issue is. They might be
experiencing operational difficulty, and they are the ones on
the line. They might know things you don't know or technology
doesn't reveal or hasn't come up the chain of command. Or in
the same way, if you are looking to approve it, get greater
cooperation, suggestions on a variety of things, you need to
have the assistance of the union. It is in their interest that
everything be safe.
Ms. Jeter. That is correct.
Senator Mikulski. Because they are the first to experience
any breakdowns for not only such a horrific thing as death, but
also injury, even if it is temporary injury, you know? So I am
going to hope that what comes out of this hearing and some of
the correspondence recently is that there is a regular way of
communicating.
Ms. Jeter. We will make that happen.
Senator Mikulski. Okay?
Ms. Jeter. Yes.
RIDER SAFETY
Senator Mikulski. I will come back to some of the other
issues. I would like to get to the riders for a minute now.
So, tell me, using an old Ronald Reagan phrase, my good
friend Ronald Reagan, when he said, ``Are you better off now
than you were 4 years ago?'' Do you remember that famous
question?
Do you think that Metro is more of a safe place now than it
was on June 22, 2009? Do you think that there have been
improvements that you experience? And I raise that to both of
you.
Mr. Corbett. In my judgment, yes. We don't have the day-to-
day experience that Ms. Jeter has with her members, but if one
listens to the WMATA board meetings, you hear more of a concern
about safety now than you did a year ago. It was embarrassing
to me to hear that a WMATA board member said I've been a board
member for 12 years, and I have never heard of this Tri-State
Operating Committee. That was about a year ago.
It is much different now. The board members are much more
attuned to safety, and we think at least in terms of that
verbal level, which is all we can respond to, it is much better
than it was then.
Senator Mikulski. Would you want to add or elaborate on
that?
Mr. Corbett. I am sorry?
Senator Mikulski. So you feel that there is progress and
momentum, but more needs to be done as you recommend in your
excellent testimony?
Mr. Corbett. There is--thank you. We really are awaiting
the results of the National Transportation Safety Board to see
what WMATA does to those. Those could be very costly
recommendations, and how they respond to those is going to be a
very good signal as to whether the jurisdictions can come up
with the money to address the NTSB concerns.
Senator Mikulski. Well, it will be my intention that when
the NTSB makes their recommendations that we have a public
discussion of that. In other words, what are they recommending?
What was the rationale behind those recommendations? Then, to
get a sense of what it would take to implement it other than
budgetary and managerially.
Mr. DeBernardo?
Mr. DeBernardo. I would concur with Mr. Corbett. I think
that there is definitely a renewed sense of urgency about the
safety issue, and I am very optimistic that Mr. Sarles's new
program of reporting vital signs of Metro will be very helpful
for riders.
Senator Mikulski. Now to your Vital Signs, which we think
is terrific, so the Vital Signs is the way that the riders can
communicate, in addition to your official board capacity. Am I
correct?
Mr. DeBernardo. We are advisory to the board, yes.
Senator Mikulski. So that is, and do you have regular
systematic meetings where you can bring rider concerns to the
board?
Mr. DeBernardo. Yes, we do monthly meetings.
Senator Mikulski. So you have a regular monthly meeting?
Mr. DeBernardo. Right. And we are hoping that with the
Vital Signs report, when that comes out, it will give us a
basis for discussion with the board and with the management at
Metro.
Senator Mikulski. Now you said in your testimony extolling
the virtues of Vital Signs, you talked about measurement, which
is what I talked about in my opening remarks and some of the
questions to the WMATA leadership. You said nothing gets acted
on unless it is measured or that which is measured----
Mr. DeBernardo. That which is measured gets done.
Senator Mikulski. Yes. So what did you mean by that? And
what would you recommend, for our information, but also to the
leadership, that really needs to be measured?
Mr. DeBernardo. Well, in terms of reliability, things like
on-time service and frequency of buses and breakdowns of buses
and trains. At present, with our Riders' Advisory Council, we
are based a lot on anecdotal evidence, and I think that these
Vital Signs, by measuring, by having a measurement, will give
us better ways of discussing improvements.
Senator Mikulski. So rather than somebody saying, oh, I
feel hot or I feel dizzy.
Mr. DeBernardo. Right.
Senator Mikulski. I have pains in my arm, you take the
blood pressure and so on, and you actually get vital signs
about, are you okay? Are you heading for a problem?
Mr. DeBernardo. Right. And is it a real problem? How
extensive is the problem? Is it a problem that by looking at
the Vital Signs, we can often look at the causes of the problem
as well.
Senator Mikulski. Well, we get this anecdotal information
too. I will speak for myself, and I know that Senator Cardin
gets it too. We have talked about it. We hear about out-of-
service escalators and elevators. That is a top favorite, as
well as closed entrances and exits and train delays. Also, no
communication about what is going on when trains break down.
Lots of loud announcements that you really can't hear. In
other words, it is so loud that you can't hear it. You can't
decipher it. I am not talking about aging people or someone,
just regular folks. Then they also say, ``I don't know. I don't
have a number to call. So I called you.'' Sometimes they call
me a lot of things.
Not only me, but we could talk about Congresswoman Norton,
my colleagues Webb and Warner, and the House Members. Riders
call us because we are visible, and we have publicly disclosed
numbers.
So do you feel that riders have a number to call if they
have a problem or an e-mail address that they can send
concerns?
Mr. DeBernardo. Yes. I think there are many avenues at
Metro for--I don't think all the time that the riders
themselves are aware of the many avenues, but I can tell you
that since I joined the Riders' Advisory Council about a year
and a half ago, I was made aware of many more opportunities for
addressing problems than I knew existed.
Senator Mikulski. What about you, Mr. Corbett?
Mr. Corbett. Can I be a negative voice on that?
Senator Mikulski. Sure.
Mr. Corbett. When people don't call you, they call us. And
quite often, we get very irritable people who have tried to
send in a complaint to the WMATA complaint system, and it is
very bureaucratic. They give you a number, and I am not sure
that the service really improves. I think they need more
manpower on that issue.
Second, we divide between really important and nice to
have. Whether there is too much noise in the system--that is
nice to have. But if the escalator is broken and a heavyset
person has got to walk up 123 steps, that is a safety item. So
we try to divide those between nice to have and really
important.
And I think, frankly, in this coming year under Mr.
Sarles's leadership and that of Mr. Benjamin, if they can work
on the got to have safety items, we would be happy with that,
and we will give them extra time on the nice to have items.
Senator Mikulski. Well, it is the way I work, even when we
do appropriations. I have a must do, should do, and would like
to do list. The must dos have to get done. Then we go to the
should dos.
So what you are saying is have the must dos and should dos
and that would go a long way?
Mr. Corbett. Yes.
Senator Mikulski. Is that correct?
Mr. Corbett. That is correct.
WMATA BOARD APPOINTMENTS
Senator Mikulski. But one of your points, though, is the
GSA has got to get cracking on these two other Federal board
appointments?
Mr. Corbett. Yes, speaking very frankly--and you invited us
to speak frankly--the members of the board from the
jurisdictions, they are somewhat protective of their
jurisdictions. If they don't have money, they don't recommend
things that they know are needed. Having the two Federal
appointees already is opening up that process a little bit, but
we think that the other two appointees should be appointed
soon. One of them should be a designated rider representative.
And we think they can help to open up the board so that
some pressure can be put on the jurisdictions to come up with
additional money for additional capacity.
Senator Mikulski. Well, let me say what I am going to do in
this testimony here, because Ms. Jeter also had recommendations
for the board, we are going to take your recommendations and
send them on to GSA. Because you have made recommendations, and
you also have your underpinnings as to why you feel that the
characteristics you are recommending would improve safety and
operational reliability.
We are going to say this is who we heard from. The people
who use the system, the people who work on the system, and the
people who are going to count on a board that--particularly
when its Federal partners--brings some assets to the table
themselves. So we would like to bring your recommendations to
GSA and to tell GSA kind of get moving on it. Isn't that what
you are saying? Get moving on it?
Mr. Corbett. Yes. Yes.
WHISTLEBLOWER PROTECTION
Senator Mikulski. Let us go to Ms. Jeter. The one thing
that came out in both the Gunn report and also in your
testimony is the whistleblower situation.
Ms. Jeter. Yes.
Senator Mikulski. Also the ``kill the messenger'' problem,
where it is difficult at times to speak freely because you are
concerned about some form of retaliation.
Ms. Jeter. Right.
Senator Mikulski. Do you feel that the climate toward
whistleblowers has improved?
Ms. Jeter. It hasn't improved because the employees who
would utilize that type of system don't know that it even
exists. I don't believe that there is a climate at WMATA to
embrace that type of activity among the employees.
I can tell you, even the incident that has been given so
much public attention--the incident at Wheaton--when I spoke to
the operator of the train, his first, initial response to me
was ``I didn't want to put it on the air. So I used the ETS box
because I didn't want them to feel like I was trying to make a
big deal.'' And that, to me, is the climate that is surrounding
the members of the local that I represent.
Some people might shrug it off and say it is normal
paranoia that a lot of American citizens have these days. But
for the most part, you probably will not find that many
individuals reporting certain incidents because they don't
believe--either they don't believe that WMATA is going to take
care of them, or that in some type of way, they are going to be
retaliated against for giving the information.
And I give you another example, the IG had a setting where
she went in to talk to employees, and one of the people that
was there was one of the shop stewards that I have, and the
shop steward informed me that during that meeting, people did
not want to speak up freely, even though the IG said, ``Nothing
is going to happen to you. I want you to speak up freely to
me.'' She said most of them did not.
A lot of conversation happened after the meeting, but not
during the meeting.
Senator Mikulski. Well, we will take a look at how to
strengthen the whistleblower legal provisions. But I would
strongly recommend in the interim, people who have those
concerns bring it to those that they elected to represent them
in the workplace. Since we are now going to have a labor-
management organized and systematic way of communicating. You
can then, if necessary, preserve their anonymity, or whatever.
I am a big believer in people being able to come forward,
and lots of times, the ability to come forward could save a
life or help someone from being hurt or maimed. We need to be
able to have that communication.
The fact we have got so many things going for us, I mean,
we have a system that really people like and use. I mean, that
is one of the things, when I read the papers and follow the
news on the public hearings, people really like WMATA, and they
really want to use it, and they are willing to pay for it out
of their own pocket.
There are days that they function in heroic fashion that I
believe it was Mr. Benjamin that spoke about and I have spoken
about 9/11. That the subway system helped Washington evacuate
in a safe, orderly and non-panicked way. The performance during
the Obama administration and then even during the rocking-
rolling times of the recent snow situation, which bordered on
almost a natural disaster. I mean, it was a slow version of a
hurricane.
So we have got a lot going for the system, and I think we
can feel proud of the people who work there. Efforts have been
made. I think there are certain things that have been falling.
So we want to build on the asset. The most important asset that
WMATA has that we can directly impact upon is the workers and
getting them the ability to communicate and come forward and be
able to do that.
FEDERAL FUNDING AND OVERSIGHT
The other is, I will really say, that WMATA does need
reliable revenue streams. You could have the will, but if you
don't have the wallet, it is very difficult to fix these
things.
I think we have identified a couple of things today. One,
we continue to support the Federal share. In supporting the
Federal share, we really do want to insist on maintenance of
effort from the States and locals. I think we also have
identified an area where the Federal Government has created a
mandate, and it is an appropriate mandate. It is a very
important tool to ensure people's physical and economic
independence. If you can't get to work, even if you have had
the best rehab, or keep your doctor's appointment, but there
needs to be a way then to consider how at the national level to
be able to do that.
I also believe that we need to pass not only the
President's budget, but I think we need to pass what the
President is recommending in rail reform, giving FTA more
authority. I have got my own bill, along with Senator Cardin
and others, to do that.
So I think we have got our own reform efforts. I will say
what I said. We all have to feel we are in this together. So
this isn't about finger pointing and so on, rather that we all
have to take ownership for the safety offices.
WITNESS RECOMMENDATIONS
So before I wrap up, I am going to ask each and every one
of you, is there anything else you want to say: a
recommendation; an observation; or an insight that you would
like to share for the official record. This is an official
congressional hearing. There is going to be an official
congressional record of this. We can go down the row.
Ms. Jeter. Well, I know that I put everything, even the
things that I did not read, in my testimony, and I can say on
behalf of the members of Local 689, we support those acts or
those bills that you are trying to pass. And so, we will do
whatever we can to make sure that that happens.
Senator Mikulski. Thank you.
Mr. Corbett. Senator, we very much appreciate this hearing
and you listening to riders' views. The one other item I would
like to suggest for the Congress is to consider extending what
is called the ``transit commute.'' In the economic stimulus
bill, the employer discount that is for $230 a month is going
to automatically reduce to $115 at the end of this calendar
year unless some vehicle of the Senate Finance Committee
doesn't fix that item up.
And to keep people out of their cars and benefiting from
the parking subsidy, we think having the transit have equal
weight would be very helpful, and this Congress could do that
this year.
Senator Mikulski. Thank you.
Mr. Corbett. Thank you.
Senator Mikulski. Very good idea.
Mr. DeBernardo. And finally, I would just like to say that
we know of your concern, and we appreciate it. And we are glad
that we are working together to improve Metro.
Senator Mikulski. Well, as citizen activists and civic
engagement, I know that, for example, Ms. Jeter is the official
union representative and does a very good job at it, but she
does a lot like you, both of you on your own time and on your
own dime. But you know, I think this is what is different from
our country. I mean, we have got to be able to get together,
put it out on the table, speak uncensored and unfettered, and
let us solve some of these problems.
We really thank you for your insights. This concludes our
hearing, and I wish to state for my colleagues and for the
record, we will leave the record open for additional questions.
I know Senator Murray has an extensive set of questions.
Senator Bond, who is the ranking member, also tied up on the
financial security, could have extensive questions as well,
those will be really for the WMATA leadership. With that, the
hearing is recessed.
SUBCOMMITTEE RECESS
This subcommittee will hold its next hearing on May 20. It
will turn its attention to its housing portfolio, when Senator
Murray will hold a hearing on the progress being made to end
the homelessness among veterans because this does have the
homeless portfolio. To think that you have housing when you
fight over there, but you don't have it when you come back here
is a national disgrace. So she will be holding a hearing on
that.
We thank you for your participation and the subcommittee is
recessed.
[Whereupon, at 5:49 p.m., Wednesday, May 19, the
subcommittee was recessed, to reconvene at 10 a.m. Thursday,
May 20.]