[House Report 109-440]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-440
======================================================================
NATIONAL CAPITAL TRANSPORTATION AMENDMENTS ACT OF 2005
_______
April 26, 2006.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Tom Davis of Virginia, from the Committee on Government Reform,
submitted the following
R E P O R T
[To accompany H.R. 3496]
[Including cost estimate of the Congressional Budget Office]
The Committee on Government Reform, to whom was referred the
bill (H.R. 3496) to amend the National Capital Transportation
Act of 1969 to authorize additional Federal contributions for
maintaining and improving the transit system of the Washington
Metropolitan Area Transit Authority, and for other purposes,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
CONTENTS
Page
Committee Statement and Views.................................... 6
Section-by-Section............................................... 7
Explanation of Amendments........................................ 9
Committee Consideration.......................................... 9
Rollcall Votes................................................... 10
Application of Law to the Legislative Branch..................... 10
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 10
Statement of General Performance Goals and Objectives............ 10
Constitutional Authority Statement............................... 10
Federal Advisory Committee Act................................... 10
Unfunded Mandate Statement....................................... 10
Committee Estimate............................................... 10
Budget Authority and Congressional Budget Office Cost Estimate... 11
Changes in Existing Law Made by the Bill as Reported............. 12
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``National Capital
Transportation Amendments Act of 2005''.
(b) Findings.--Congress finds as follows:
(1) Metro, the public transit system of the Washington
metropolitan area, is essential for the continued and effective
performance of the functions of the Federal Government, and for
the orderly movement of people during major events and times of
regional or national emergency.
(2) On 3 occasions, Congress has authorized appropriations
for the construction and capital improvement needs of the
Metrorail system.
(3) Additional funding is required to protect these previous
Federal investments and ensure the continued functionality and
viability of the original 103-mile Metrorail system.
SEC. 2. FEDERAL CONTRIBUTION FOR CAPITAL PROJECTS FOR WASHINGTON
METROPOLITAN AREA TRANSIT SYSTEM.
The National Capital Transportation Act of 1969 (sec. 9-1111.01 et
seq., D.C. Official Code) is amended by adding at the end the following
new section:
``authorization of additional federal contribution for capital and
preventive maintenance projects
``Sec. 18. (a) Authorization.--Subject to the succeeding provisions
of this section, the Secretary of Transportation is authorized to make
grants to the Transit Authority, in addition to the contributions
authorized under sections 3, 14, and 17, for the purpose of financing
in part the capital and preventive maintenance projects included in the
Capital Improvement Program approved by the Board of Directors of the
Transit Authority.
``(b) Use of Funds.--The Federal grants made pursuant to the
authorization under this section shall be subject to the following
limitations and conditions:
``(1) The work for which such Federal grants are authorized
shall be subject to the provisions of the Compact (consistent
with the amendments to the Compact described in subsection
(d)).
``(2) Each such Federal grant shall be for 50 percent of the
net project cost of the project involved, and shall be provided
in cash from sources other than Federal funds or revenues from
the operation of public mass transportation systems. Consistent
with the terms of the amendment to the Compact described in
subsection (d)(1), any funds so provided shall be solely from
undistributed cash surpluses, replacement or depreciation funds
or reserves available in cash, or new capital.
``(c) Applicability of Requirements for Mass Transportation Capital
Projects Receiving Funds Under Federal Transportation Law.--Except as
specifically provided in this section, the use of any amounts
appropriated pursuant to the authorization under this section shall be
subject to the requirements applicable to capital projects for which
funds are provided under chapter 53 of title 49, United States Code,
except to the extent that the Secretary of Transportation determines
that the requirements are inconsistent with the purposes of this
section.
``(d) Amendments to Compact.--No amounts may be provided to the
Transit Authority pursuant to the authorization under this section
until the Transit Authority notifies the Secretary of Transportation
that each of the following amendments to the Compact (and any further
amendments which may be required to implement such amendments) have
taken effect:
``(1) An amendment requiring all payments made by the local
signatory governments for the Transit Authority and for the
cost of operating and maintaining the adopted regional system
are made from amounts derived from dedicated funding sources.
For purposes of this paragraph, a `dedicated funding source' is
any source of funding which is earmarked and required under
State or local law to be used for payments to the Transit
Authority.
``(2) An amendment establishing the Office of the Inspector
General of the Transit Authority in accordance with section 3
of the National Capital Transportation Amendments Act of 2005.
``(3) An amendment expanding the Board of Directors of the
Transit Authority to include 4 additional Directors appointed
by the Administrator of General Services, of whom 2 shall be
nonvoting and 2 shall be voting, and requiring one of the
voting members so appointed to be a regular passenger and
customer of the bus or rail service of the Transit Authority.
``(e) Amount.--There are authorized to be appropriated to the
Secretary of Transportation for grants under this section an aggregate
amount not to exceed $1,500,000,000 to be available in increments over
10 fiscal years beginning in fiscal year 2007, or until expended.
``(f) Availability.--Amounts appropriated pursuant to the
authorization under this section--
``(1) shall remain available until expended; and
``(2) shall be in addition to, and not in lieu of, amounts
available to the Transit Authority under chapter 53 of title
49, United States Code, or any other provision of law.''.
SEC. 3. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY INSPECTOR
GENERAL.
(a) Establishment of Office.--
(1) In general.--The Washington Metropolitan Area Transit
Authority (hereafter referred to as the ``Transit Authority'')
shall establish in the Transit Authority the Office of the
Inspector General (hereafter in this section referred to as the
``Office''), headed by the Inspector General of the Transit
Authority (hereafter in this section referred to as the
``Inspector General'').
(2) Definition.--In paragraph (1), the ``Washington
Metropolitan Area Transit Authority'' means the Authority
established under Article III of the Washington Metropolitan
Area Transit Authority Compact (Public Law 89-774).
(b) Inspector General.--
(1) Appointment.--The Inspector General shall be appointed by
the vote of a majority of the Board of Directors of the Transit
Authority, and shall be appointed without regard to political
affiliation and solely on the basis of integrity and
demonstrated ability in accounting, auditing, financial
analysis, law, management analysis, public administration, or
investigations, as well as familiarity or experience with the
operation of transit systems.
(2) Term of service.--The Inspector General shall serve for a
term of 5 years, and an individual serving as Inspector General
may be reappointed for not more than 2 additional terms.
(3) Removal.--The Inspector General may be removed from
office prior to the expiration of his term only by the
unanimous vote of all of the members of the Board of Directors
of the Transit Authority, and the Board shall communicate the
reasons for any such removal to the Governor of Maryland, the
Governor of Virginia, the Mayor of the District of Columbia,
the chair of the Committee on Government Reform of the House of
Representatives, and the chair of the Committee on Homeland
Security and Governmental Affairs of the Senate.
(c) Duties.--
(1) Applicability of duties of inspector general of executive
branch establishment.--The Inspector General shall carry out
the same duties and responsibilities with respect to the
Transit Authority as an Inspector General of an establishment
carries out with respect to an establishment under section 4 of
the Inspector General Act of 1978 (5 U.S.C. App. 4), under the
same terms and conditions which apply under such section.
(2) Conducting annual audit of financial statements.--The
Inspector General shall be responsible for conducting the
annual audit of the financial accounts of the Transit
Authority, either directly or by contract with an independent
external auditor selected by the Inspector General.
(3) Reports.--
(A) Semiannual reports to transit authority.--The
Inspector General shall prepare and submit semiannual
reports summarizing the activities of the Office in the
same manner, and in accordance with the same deadlines,
terms, and conditions, as an Inspector General of an
establishment under section 5 of the Inspector General
Act of 1978 (5 U.S.C. App. 5). For purposes of applying
section 5 of such Act to the Inspector General, the
Board of Directors of the Transit Authority shall be
considered the head of the establishment, except that
the Inspector General shall transmit to the General
Manager of the Transit Authority a copy of any report
submitted to the Board pursuant to this paragraph.
(B) Annual reports to local signatory governments and
congress.--Not later than January 15 of each year, the
Inspector General shall prepare and submit a report
summarizing the activities of the Office during the
previous year, and shall submit such reports to the
Governor of Maryland, the Governor of Virginia, the
Mayor of the District of Columbia, the chair of the
Committee on Government Reform of the House of
Representatives, and the chair of the Committee on
Homeland Security and Governmental Affairs of the
Senate.
(4) Investigations of complaints of employees and members.--
(A) Authority.--The Inspector General may receive and
investigate complaints or information from an employee
or member of the Transit Authority concerning the
possible existence of an activity constituting a
violation of law, rules, or regulations, or
mismanagement, gross waste of funds, abuse of
authority, or a substantial and specific danger to the
public health and safety.
(B) Nondisclosure.--The Inspector General shall not,
after receipt of a complaint or information from an
employee or member, disclose the identity of the
employee or member without the consent of the employee
or member, unless the Inspector General determines such
disclosure is unavoidable during the course of the
investigation.
(C) Prohibiting retaliation.--An employee or member
of the Transit Authority who has authority to take,
direct others to take, recommend, or approve any
personnel action, shall not, with respect to such
authority, take or threaten to take any action against
any employee or member as a reprisal for making a
complaint or disclosing information to the Inspector
General, unless the complaint was made or the
information disclosed with the knowledge that it was
false or with willful disregard for its truth or
falsity.
(5) Independence in carrying out duties.--Neither the Board
of Directors of the Transit Authority, the General Manager of
the Transit Authority, nor any other member or employee of the
Transit Authority may prevent or prohibit the Inspector General
from carrying out any of the duties or responsibilities
assigned to the Inspector General under this section.
(d) Powers.--
(1) In general.--The Inspector General may exercise the same
authorities with respect to the Transit Authority as an
Inspector General of an establishment may exercise with respect
to an establishment under section 6(a) of the Inspector General
Act of 1978 (5 U.S.C. App. 6(a)), other than paragraphs (7),
(8), and (9) of such section.
(2) Staff.--
(A) Assistant inspector generals and other staff.--
The Inspector General shall appoint and fix the pay
of--
(i) an Assistant Inspector General for
Audits, who shall be responsible for
coordinating the activities of the Inspector
General relating to audits;
(ii) an Assistant Inspector General for
Investigations, who shall be responsible for
coordinating the activities of the Inspector
General relating to investigations; and
(iii) such other personnel as the Inspector
General considers appropriate.
(B) Independence in appointing staff.--No individual
may carry out any of the duties or responsibilities of
the Office unless the individual is appointed by the
Inspector General, or provides services procured by the
Inspector General, pursuant to this paragraph. Nothing
in this subparagraph may be construed to prohibit the
Inspector General from entering into a contract or
other arrangement for the provision of services under
this section.
(C) Applicability of transit system personnel
rules.--None of the regulations governing the
appointment and pay of employees of the Transit System
shall apply with respect to the appointment and
compensation of the personnel of the Office, except to
the extent agreed to by the Inspector General. Nothing
in the previous sentence may be construed to affect
subparagraphs (A) through (B).
(3) Equipment and supplies.--The General Manager of the
Transit Authority shall provide the Office with appropriate and
adequate office space, together with such equipment, supplies,
and communications facilities and services as may be necessary
for the operation of the Office, and shall provide necessary
maintenance services for such office space and the equipment
and facilities located therein.
(e) Transfer of Functions.--To the extent that any office or entity
in the Transit Authority prior to the appointment of the first
Inspector General under this section carried out any of the duties and
responsibilities assigned to the Inspector General under this section,
the functions of such office or entity shall be transferred to the
Office upon the appointment of the first Inspector General under this
section.
SEC. 4. RESTRICTIONS ON DISPOSITION OF CERTAIN PROPERTIES.
(a) Prohibition on Disposition of Certain Property.--
(1) In general.--The Washington Metropolitan Area Transit
Authority (hereafter in this section referred to as the
``Transit Authority'') may not sell, lease, or otherwise convey
or dispose of the property described in paragraph (2) unless
the Transit Authority meets each of the following conditions:
(A) The Transit Authority has held a separate,
additional public hearing after October 20, 2005,
regarding the disposition of the property at which
members of the general public had the opportunity to
comment.
(B) The Transit Authority has submitted a report to
the Committee on Government Reform of the House of
Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate on the costs and
benefits associated with the disposition of the
property, the impact of the disposition on parking
facilities available at the Vienna Metrorail station,
and the effect of the disposition on the capacity of
the Vienna Metrorail station and the entire Metrorail
system.
(2) Property described.--The property described in this
subsection consists of approximately 3.75 acres located in
Fairfax County, Virginia, and is contained in all or part of
the following parcels on the Fairfax County tax map:
(A) Parcel 48--1((1)), 90 Portion.
(B) Parcel 48--1((1)), 91B Portion.
(C) Parcel 48--1((6)), 7A.
(D) Parcel 48--1((6)), 8B.
(E) Parcel 48--1((24)), 38A.
(b) Conditions for Disposition of Certain Property.--
(1) In general.--The Transit Authority may not sell, lease,
or otherwise convey or dispose of the property described in
paragraph (2) unless the Transit Authority meets each of the
following conditions:
(A) The Transit Authority has met with the Mayor and
members of the Council of the City of Takoma Park,
Maryland, and community representatives to discuss each
of the following issues related to the disposition of
such property:
(i) The movement of buses and other vehicles,
pedestrians, and bicycles to and from the
Takoma Park Metrorail station.
(ii) The provision of bus bays, based on
recommendations of the Transit Authority and
the Maryland Transit Administration's Ride-On
program.
(iii) The enhancement of public green space
on the property, based on the Central District
Plan for Takoma DC.
(B) The Transit Authority will work with residents
and elected officials of Takoma Park, Maryland, and the
Takoma area of the District of Columbia throughout the
planning phase of the development of such property.
(C) The Transit Authority has submitted a statement
to the Committee on Government Reform of the House of
Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate certifying that
the Transit Authority has met the conditions described
in subparagraphs (A) and (B).
(2) Property described.--The property described in this
paragraph consists of Lots 820, 821, 822, 823, 829, 831, 832,
833, 839, 840, 841, 845, 846, 847, 848, 849, 850, and 851 in
Square 3352 and Lots 811, 812, and 813 in Square 3353 of the
District of Columbia Real Property Assessment Database.
(c) Restrictions on Development of Certain Properties.--
(1) Restriction.--The Transit Authority may not sell, lease,
or otherwise convey any of the real property described in
paragraph (2) other than in accordance with a development plan
for the property which meets the following requirements:
(A) The plan shall require that any portion of the
property used for residential purposes shall be used
only for owner-occupied, multi-family dwellings.
(B) The plan must provide for the use of a portion of
the property for commercial purposes.
(C) The plan shall be developed in consultation with
appropriate representatives of the local governments
and communities for the area in which the property is
located.
(2) Property described.--The property described in this
paragraph is any real property of the Transit Authority which
is located within one mile of the Largo Town Center Metro Rail
Station.
(d) No Effect on Other Authorities.--Except as specifically provided,
nothing in this section may be construed to affect any law, rule, or
regulation governing the development or disposition of real property of
the Transit Authority.
SEC. 5. STUDY AND REPORT BY COMPTROLLER GENERAL.
(a) Study.--The Comptroller General shall conduct a study on the use
of the funds provided under section 18 of the National Capital
Transportation Act of 1969 (as added by this Act).
(b) Report.--Not later than 3 years after the date of the enactment
of this Act, the Comptroller General shall submit a report to the
Committee on Government Reform of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate
on the study conducted under subsection (a).
Committee Statement and Views
PURPOSE AND SUMMARY
The National Capital Transportation Amendments Act of 2005,
H.R. 3496, amends the National Capital Transportation Act of
1969 to authorize the Secretary of Transportation to provide
additional funding through grants to the Washington
Metropolitan Area Transit Authority (WMATA) to finance in part
the capital and preventive maintenance projects included in the
Capital Improvement Program.
H.R. 3496 also includes new, additional oversight and
accountability mechanisms. Specifically, the bill establishes
within WMATA the Office of Inspector General, adds federal
members to the WMATA Board of Directors, and requires the
Comptroller General of the U.S. Government Accountability
Office to study and report to Congress on the use of funds
provided under this Act.
BACKGROUND AND NEED FOR LEGISLATION
Metro bus and rail service plays an indispensable role in
the day-to-day operations of the federal government. Tens of
thousands of federal employees use the system each day, as do
equally large numbers of private citizens conducting government
related business. Metro is the primary means of conveyance for
those attending events of national significance such as state
funerals, presidential inaugurations, and issue-driven protests
or gatherings. Finally, tourists from all over the country use
Metro to visit sites around the nation's capital. Thus, Metro
is a national asset in which all Americans have an interest.
Congress has long acknowledged the national interest in the
Metro systems, having authorized on three separate occasions
general revenues to construct the original 103-mile system.
Federal interest in what became the Metro system began in the
1950's when Congress recognized the need to ensure federal
workers and contractors had easy access to government offices
and workplaces. The agreed upon solution was a rapid rail
system. In 1960, President Eisenhower signed the National
Capital Transportation Act, which provided for its development.
Throughout its existence, the federal nexus to Metro has
remained strong. This sentiment is perhaps best illustrated by
the following finding from the National Capital Transportation
Amendments of 1979 (Stark-Harris), one of the legislative
vehicles for funding construction of the system.
Congress finds that an improved transportation system
for the National Capital region 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, for the orderly growth and
development of the National Capital region, and for the
preservation of the beauty and dignity of the Nation's
Capital.
This remains the case today. The task of constructing the
original system is complete; however, Metro's ridership is
expected to double within the next twenty years. At the same
time, the existing infrastructure is aging and will soon need
to be replaced. Thus, significant investment will be required
to maintain the viability of the system and keep pace with
exponentially increasing demand. Without these investments,
Metro service and reliability will decline precipitously.
The $1.5 billion authorized by this legislation would
finance a fifty percent federal share of the cost for needed
capital and renewal projects. Specifically, these funds would
allow for the purchase of new rail cars and buses, thereby
allowing the system to operate at full capacity during peak
hours. They would also allow for station and facility
rehabilitation, tunnel repairs and pedestrian station
connections. In sum, these federal funds would allow for the
maximization and preservation of the original Metro system.
Section-by-Section
Section 1. Short title; findings
This section would designate the title of the bill as the
``National Capital Transportation Amendments Act of 2005''.
This section also includes congressional findings.
Section 2. Federal contribution for capital projects for Washington
Metropolitan Area Transit System
This section would amend the National Capital
Transportation Act of 1969 by adding the following new section
18:
``Section 18. (a) This subsection would authorize the
Secretary of Transportation to make grants to the Transit
Authority for the purpose of financing in part the capital and
preventive maintenance projects included in the Capital
Improvement Program approved by the Board of Directors of the
Transit Authority.
``(b) This subsection would subject any grants made to the
Transit Authority by the Secretary pursuant to this section to
the Compact, and it would specify that the federal government
is to pay for half of the net project cost of the relevant
project (with local funds covering the remaining cost, except
that local funds cannot include other Federal funds or general
operating revenue).
``(c) This subsection would clarify that any funds
authorized by this legislation would be subject to certain
requirements that normally govern transit grants. Such
requirements are found in Chapter 53 of Title 49, and include
planning and contracting requirements.
``(d) This subsection would require the Transit Authority
to notify the Secretary of Transportation that all local
signatory governments to the Compact have identified dedicated
funding sources to pay the local government share of Metro
expenses, an Inspector General for Metro has been established,
and an amendment to expand the Board of Directors of the
Transit Authority was adopted, before the Secretary is
authorized to provide funds to the Transit Authority.
``(e) This subsection would authorize the transfer of
certain offices and entities to the Office of the Inspector
General upon the appointment of the first Inspector General
under this section.''
Section 3. Washington Metropolitan Area Transit Authority Inspector
General
This section would require WMATA to establish an Office of
Inspector General, headed by an Inspector General (IG). The
Inspector General would have to be appointed by the vote of a
majority of the Board of Directors of the Transit Authority,
and appointed without regard to political affiliation and
solely on the basis of integrity and demonstrated ability in
accounting, auditing, financial analysis, law, management
analysis, public administration, or investigations, as well as
familiarity or experience with the operation of transit
systems. The IG would serve for a term of 5 years; an
individual serving as Inspector General would not be able to be
reappointed for more than 2 additional terms. The IG would be
removable from office prior to the expiration of his term only
by the unanimous vote of all of the members of the Board of
Directors of the Transit Authority, and the Board would have to
communicate the reasons for any such removal to the Governor of
Maryland, the Governor of Virginia, the Mayor of the District
of Columbia, the chair of the Committee on Government Reform of
the House of Representatives, and the chair of the Committee on
Homeland Security and Governmental Affairs of the Senate.
The duties of the Inspector General would include: the same
duties and responsibilities with respect to the Transit
Authority as an Inspector General of an establishment carries
out with respect to an establishment under section 4 of the
Inspector General Act of 1978 (5 U.S.C. App. 4), under the same
terms and conditions which apply under such section; conducting
the annual audit of the financial accounts of the Transit
Authority, either directly or by contract with an independent
external auditor selected by the Inspector General; semiannual
reports to the transit authority and annual reports to local
signatory governments and Congress; and investigations of
complaints of employees and members. Neither the Board of
Directors of the Transit Authority, the General Manager of the
Transit Authority, nor any other member or employee of the
Transit Authority would be able to prevent or prohibit the
Inspector General from carrying out any of the duties or
responsibilities assigned to the Inspector General under this
section.
The IG would be authorized to appoint and fix the pay of an
Assistant Inspector General for Audits (who would be
responsible for coordinating the activities of the Inspector
General relating to audits), an Assistant Inspector General for
Investigations (who would be responsible for coordinating the
activities of the Inspector General relating to
investigations), and such other personnel as the Inspector
General considered appropriate. No individual would be able to
carry out any of the duties or responsibilities of the Office
unless the individual was appointed by the Inspector General or
provided services procured by the Inspector General, pursuant
to this paragraph. This section would further clarify that the
personnel of the IG office would not be subject to the
appointment and pay regulations of the Transit Authority unless
the IG chose to subject staff to such regulations.
This section would further specify that the General Manager
of the Transit Authority shall provide the Office of Inspector
General with appropriate and adequate office space, together
with such equipment, supplies, and communications facilities
and services as may be necessary for the operation of the
Office, and shall provide necessary maintenance services for
such office space and the equipment and facilities located
therein.
To the extent that any office or entity in the Transit
Authority prior to the appointment of the first Inspector
General under this section carried out any of the duties and
responsibilities assigned to the Inspector General under this
section, the functions of such office or entity would be
transferred to the Office upon the appointment of the first
Inspector General under this section.
Section 4. Restriction on disposition of certain properties
This section would prohibit the sale or lease of certain
WMATA property unless WMATA met several conditions identified
in the legislation.
Section 5. Study and report by Comptroller General
This section would require the Government Accountability
Office to conduct a study on the use of the funds authorized
pursuant to this legislation and to submit a report to Congress
on such study within three years of the enactment of the
legislation.
Explanation of Amendments
The provisions of the substitute amendment are explained in
the descriptive portions of this report.
Committee Consideration
On Friday, February 18, 2005, the Committee on Government
Reform held a hearing on the Washington Metropolitan Area
Transit Authority (WMATA). The Committee examined WMATA's
expressed needs as well as its operational and management
performance. The Committee heard testimony from Richard A.
White, Chief Executive Officer, Washington Metropolitan Area
Transit Authority; Dana Kauffman, Chairman of the Board,
Washington Metropolitan Area Transit Authority; William Millar,
President, American Public Transportation Association; Mortimer
L. Downey, Chairman of the Board, PB Consult; John J. Corbett,
Jr., Co-founder, Metroriders.org.
On Thursday, July 28, 2005, the Committee on Government
Reform held a second hearing on the Washington Metropolitan
Area Transit Authority. The hearing objective was to examine
the role of the federal government in helping WMATA address its
funding challenges and management operations. The Committee
invited Katherine Siggerud, Director, Physical Infrastructure
Issues, GAO; Richard White, Chief Executive Officer, Washington
Metropolitan Area Transit Authority; Dana Kauffman, Chairman of
the Board, Washington Metropolitan Area Transit Authority;
William Millar, President, American Public Transportation
Association; Robert Puentes, Fellow, Metropolitan Policy,
Brookings Institute; and Pauline Schneider, Partner, Hunton and
Williams; Member, Federal City Council to testify before the
Committee.
On October 20, 2005, the Committee met in open session and
ordered reported favorably the bill, H.R. 3496, as amended, by
voice vote, a quorum being present.
Rollcall Votes
No rollcall votes were held.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill authorizes federal funds for the Washington
Metropolitan Area Transportation Authority and creates an
Inspector General for the Authority. As such this bill does not
relate to employment or access to public services and
accommodations.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are reflected in the descriptive portions
of this report.
Constitutional Authority Statement
Under clause 3(d)(1) of rule XIII of the Rules of the House
of Representatives, the Committee must include a statement
citing the specific powers granted to Congress to enact the law
proposed by H.R. 3496. Article I, Section 8, Clause 18 of the
Constitution of the United States grants the Congress the power
to enact this law.
Federal Advisory Committee Act
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of 5 U.S.C. App., Section 5(b).
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandate Reform Act, P.L. 104-4) requires a statement whether
the provisions of the reported include unfunded mandates. In
compliance with this requirement the Committee has received a
letter from the Congressional Budget Office included herein.
Committee Estimate
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
H.R. 3496. However, clause 3(d)(3)(B) of that rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for H.R. 3496 from the Director of
Congressional Budget Office:
H.R. 3496--National Capital Transportation Amendments Act of 2005
Summary: H.R. 3496 would authorize the appropriation of
$1.5 billion for grants to the Washington Metropolitan Area
Transit Authority (WMATA) for capital and preventive
maintenance projects. Assuming appropriation of the amount
specified in the bill, CBO estimates that implementing H.R.
3496 would cost $310 million over the 2008-2010 period and
another $1,190 million after 2010.
H.R. 3496 contains intergovernmental mandates as defined in
the Unfunded Mandates Reform Act (UMRA), but CBO estimates that
the costs to WMATA would not exceed the threshold established
in UMRA ($62 million in 2005, adjusted annually for inflation).
Other costs to WMATA, the District of Columbia, Maryland, and
Virginia would result from complying with conditions of federal
assistance. H.R. 3496 contains no new private-sector mandates
as defined in UMRA.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 3496 is shown in the following table.
The costs of this legislation fall within budget function 400
(transportation).
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By fiscal year, in millions of dollars--
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2006 2007 2008 2009 2010
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level................................. 0 0 150 150 150
Estimated Outlays............................................. 0 0 50 100 160
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Basis of estimate: For this estimate, CBO assumes that H.R.
3496 will be enacted in fiscal year 2006 and that the
authorized amount will be appropriated in equal installments
over a 10-year period, beginning in 2008.
H.R. 3496 would authorize the Secretary of Transportation
to make grants to WMATA to cover 50 percent of the cost of
capital and preventive maintenance projects listed in the
Capital Improvement Program approved by the transit authority's
board of directors. For those grants, the bill would authorize
the appropriation of $1.5 billion to the Secretary.
Before receiving the grants, WMATA would need to create an
Office of Inspector General, add four members to its board of
directors, and amend the compact among the governments
supporting WMATA to require those governments to create sources
of funding dedicated solely to the transit authority. CBO
estimates that those changes would delay the award of grants
until 2008.
Assuming appropriation of the $1.5 billion authorized under
H.R. 3496, CBO estimates that implementing the bill would cost
$310 million over the 2008-2010 period and another $1,190
million after 2010. That estimate of outlays is based on
historical spending patterns of grants to WMATA.
Estimated impact on State, local, and tribal governments:
H.R. 3496 contains intergovernmental mandates as defined in
UMRA because it would require WMATA to meet several
requirements before selling or developing certain properties
that it owns. CBO estimates that complying with the
requirements themselves would not be costly but that the land
affected by the provisions is valued at about $15 million. Even
if the requirements would prevent WMATA from selling the land,
the cost of the mandates would not exceed the threshold
established in UMRA ($62 million in 2005, adjusted annually for
inflation).
As a condition of receiving $1.5 billion over 10 years for
certain capital and preventative maintenance projects, the bill
would require WMATA to create an Office of Inspector General
and to expand the Board of Directors. Also as a condition of
receiving those grants, the District of Columbia, Maryland, and
Virginia would be required to earmark funds to support WMATA
and to match the federal assistance.
Estimated impact on the private sector: H.R. 3496 contains
no new private-sector mandates as defined in UMRA.
Estimate prepared by: Federal costs: Rachel Milberg; impact
on State, local, and tribal governments: Sarah Puro; impact on
the private sector: Paige Piper/Bach.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
NATIONAL CAPITAL TRANSPORTATION ACT OF 1969
* * * * * * *
AUTHORIZATION OF ADDITIONAL FEDERAL CONTRIBUTION FOR CAPITAL AND
PREVENTIVE MAINTENANCE PROJECTS
Sec. 18. (a) Authorization.--Subject to the succeeding
provisions of this section, the Secretary of Transportation is
authorized to make grants to the Transit Authority, in addition
to the contributions authorized under sections 3, 14, and 17,
for the purpose of financing in part the capital and preventive
maintenance projects included in the Capital Improvement
Program approved by the Board of Directors of the Transit
Authority.
(b) Use of Funds.--The Federal grants made pursuant to the
authorization under this section shall be subject to the
following limitations and conditions:
(1) The work for which such Federal grants are
authorized shall be subject to the provisions of the
Compact (consistent with the amendments to the Compact
described in subsection (d)).
(2) Each such Federal grant shall be for 50 percent
of the net project cost of the project involved, and
shall be provided in cash from sources other than
Federal funds or revenues from the operation of public
mass transportation systems. Consistent with the terms
of the amendment to the Compact described in subsection
(d)(1), any funds so provided shall be solely from
undistributed cash surpluses, replacement or
depreciation funds or reserves available in cash, or
new capital.
(c) Applicability of Requirements for Mass Transportation
Capital Projects Receiving Funds Under Federal Transportation
Law.--Except as specifically provided in this section, the use
of any amounts appropriated pursuant to the authorization under
this section shall be subject to the requirements applicable to
capital projects for which funds are provided under chapter 53
of title 49, United States Code, except to the extent that the
Secretary of Transportation determines that the requirements
are inconsistent with the purposes of this section.
(d) Amendments to Compact.--No amounts may be provided to the
Transit Authority pursuant to the authorization under this
section until the Transit Authority notifies the Secretary of
Transportation that each of the following amendments to the
Compact (and any further amendments which may be required to
implement such amendments) have taken effect:
(1) An amendment requiring all payments made by the
local signatory governments for the Transit Authority
and for the cost of operating and maintaining the
adopted regional system are made from amounts derived
from dedicated funding sources. For purposes of this
paragraph, a ``dedicated funding source'' is any source
of funding which is earmarked and required under State
or local law to be used for payments to the Transit
Authority.
(2) An amendment establishing the Office of the
Inspector General of the Transit Authority in
accordance with section 3 of the National Capital
Transportation Amendments Act of 2005.
(3) An amendment expanding the Board of Directors of
the Transit Authority to include 4 additional Directors
appointed by the Administrator of General Services, of
whom 2 shall be nonvoting and 2 shall be voting, and
requiring one of the voting members so appointed to be
a regular passenger and customer of the bus or rail
service of the Transit Authority.
(e) Amount.--There are authorized to be appropriated to the
Secretary of Transportation for grants under this section an
aggregate amount not to exceed $1,500,000,000 to be available
in increments over 10 fiscal years beginning in fiscal year
2007, or until expended.
(f) Availability.--Amounts appropriated pursuant to the
authorization under this section--
(1) shall remain available until expended; and
(2) shall be in addition to, and not in lieu of,
amounts available to the Transit Authority under
chapter 53 of title 49, United States Code, or any
other provision of law.