[DOCID: f:hr141.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-141
======================================================================
NATIONAL CAPITAL TRANSPORTATION AMENDMENTS ACT OF 2007
_______
May 9, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Waxman, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 401]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 401) 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
Purpose and Summary.............................................. 5
Legislative History.............................................. 6
Section-By-Section............................................... 7
Explanation of Amendments........................................ 10
Committee Consideration.......................................... 11
Rollcall Votes................................................... 11
Application of Law to the Legislative Branch..................... 11
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 11
Statement of General Performance Goals and Objectives............ 11
Constitutional Authority Statement............................... 11
Federal Advisory Committee Act................................... 12
Unfunded Mandate Statement....................................... 12
Earmark Identification........................................... 12
Committee Estimate............................................... 12
Budget Authority and Congressional Budget Office Cost Estimate... 12
Changes in Existing Law Made by the Bill, as Reported............ 14
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 2007''.
(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.
``(3) Such Federal grants may be used only for the
maintenance and upkeep of the systems of the Transit Authority
as of the date of the enactment of the National Capital
Transportation Amendments Act of 2007 and may not be used to
increase the mileage of the rail system.
``(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)(A) An amendment requiring that all payments by the
local signatory governments for the Transit Authority for the
purpose of matching any Federal funds appropriated in any given
year authorized under subsection (a) for the cost of operating
and maintaining the adopted regional system are made from
amounts derived from dedicated funding sources.
``(B) For purposes of this paragraph, the term `dedicated
funding source' means any source of funding which is earmarked
or required under State or local law to be used to match
Federal appropriations authorized under this Act 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 2007.
``(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) Access to Wireless Services in Metrorail System.--
``(1) Requiring transit authority to provide access to
service.--No amounts may be provided to the Transit Authority
pursuant to the authorization under this section unless the
Transit Authority ensures that customers of the rail service of
the Transit Authority have access within the rail system to
services provided by any licensed wireless provider that
notifies the Transit Authority (in accordance with such
procedures as the Transit Authority may adopt) of its intent to
offer service to the public, in accordance with the following
timetable:
``(A) Not later than 1 year after the date of the
enactment of the National Capital Transportation
Amendments Act of 2007, in the 20 underground rail
station platforms with the highest volume of passenger
traffic.
``(B) Not later than 4 years after such date,
throughout the rail system.
``(2) Access of wireless providers to system for upgrades and
maintenance.--No amounts may be provided to the Transit
Authority pursuant to the authorization under this section
unless the Transit Authority ensures that each licensed
wireless provider who provides service to the public within the
rail system pursuant to paragraph (1) has access to the system
on an ongoing basis (subject to such restrictions as the
Transit Authority may impose to ensure that such access will
not unduly impact rail operations or threaten the safety of
customers or employees of the rail system) to carry out
emergency repairs, routine maintenance, and upgrades to the
service.
``(3) Permitting reasonable and customary charges.--Nothing
in this subsection may be construed to prohibit the Transit
Authority from requiring a licensed wireless provider to pay
reasonable and customary charges for access granted under this
subsection.
``(4) Reports.--Not later than 1 year after the date of the
enactment of the National Capital Transportation Amendments Act
of 2007, and each of the 3 years thereafter, the Transit
Authority shall submit to the Committee on Oversight and
Government Reform of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate a report on the implementation of this subsection.
``(5) Definition.--In this subsection, the term `licensed
wireless provider' means any provider of wireless services who
is operating pursuant to a Federal license to offer such
services to the public for profit.
``(f) Cap on Overtime Pay.--
``(1) In general.--No amounts may be provided to the Transit
Authority pursuant to the authorization under this section
unless the Transit Authority certifies to the Secretary of
Transportation that the amount of overtime compensation paid to
any employee of the Transit Authority with respect to any pay
period does not exceed \1/3\ of the employee's rate of basic
pay for such period.
``(2) Effective date.--Paragraph (1) shall apply with respect
to pay periods beginning on or after the date of the enactment
of the National Capital Transportation Amendments Act of 2007.
``(g) Exclusion of Overtime Pay in Calculation of Annual Salary Used
for Determining Amount of Retirement Annuity.--
``(1) In general.--To the extent consistent with collective
bargaining agreements, no amounts may be provided to the
Transit Authority pursuant to the authorization under this
section unless the Transit Authority certifies to the Secretary
of Transportation that, in determining the amount of any
annuity paid to an individual who is separated from employment
with the Transit Authority which is based in whole or in part
on the compensation paid to the individual during any year,
there shall be excluded from the determination of the
compensation paid to the individual during the year any amounts
paid as overtime compensation.
``(2) Effective date.--Paragraph (1) shall apply with respect
to compensation paid to an individual during years beginning
after the date of the enactment of the National Capital
Transportation Amendments Act of 2007.
``(h) 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 2009, or until expended.
``(i) Availability.--Amounts appropriated pursuant to the
authorization under this section shall remain available until
expended.''.
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. 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).
Purpose and Summary
H.R. 401, the National Capital Transportation Amendments
Act of 2007, was introduced on January 11, 2007, by Reps. Tom
Davis, Steny H. Hoyer, Frank R. Wolf, Eleanor Holmes Norton,
Chris Van Hollen, James P. Moran, Albert Russell Wynn, and John
P. Sarbanes. H.R. 401 authorizes federal funding for needed
improvements and maintenance for the Washington Metropolitan
Area Transit Authority (WMATA) and improves accountability at
WMATA.
The bill authorizes $1.5 billion in federal funding for
capital improvements and critical preventive maintenance needs;
requires the Government Accountability Office to conduct a
study on the use of the authorized funds and to report to
Congress within three years; requires that four directors be
added to the WMATA Board of Directors with one voting member to
be a regular WMATA passenger; and improves accountability and
transparency by establishing an Inspector General for WMATA.
Background and Need for Legislation
The WMATA system is critical to the Washington metropolitan
region. WMATA rail and bus services reduce traffic congestion,
commute times, and air pollution. These services help federal
and local government workers and private sector employees get
to work every day and are vital to the millions of tourists who
visit the nation's capital every year.
The existing Metro system is aging while at the same time
ridership is increasing. A significant investment is needed to
meet the increased demand and prevent a decline in service and
reliability.
H.R. 401 authorizes $1.5 billion for capital and renewal
projects for WMATA. The authorized funds will allow for needed
improvements such as station and facility rehabilitation and
tunnel repairs. This funding will also allow WMATA to add new
rail cars and buses to ease congestion during peak hours.
H.R. 401 establishes an Inspector General for WMATA. WMATA
has suffered from serious management challenges such as
inadequate oversight of contracts. This bill strengthens the
accountability and transparency of WMATA by requiring that it
have an independent Inspector General to oversee and
investigate its operations.
Legislative History
H.R. 401 was introduced on January 11, 2007, and referred
to the Committee on Oversight and Government Reform. Similar
legislation, H.R. 3496, the National Capital Transportation
Amendments Act of 2005, was introduced in the 109th Congress
and reported by the Committee on a voice vote. H.R. 3496 was
passed by the House on a roll call vote of 242-120 but the
Senate did not take action on the bill before the end of the
109th Congress.
The Committee considered H.R. 401 on March 29, 2007, but
adjourned before completing consideration of the bill. The
Committee met on April 18, 2007, and ordered H.R. 401 to be
reported, as amended, by a voice vote.
Section-by-Section
Section 1. Short title; findings
This section provides that the short title of H.R. 401 is
the ``National Capital Transportation Amendments Act of 2007.''
This section also includes findings of Congress.
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 a new section, designated
as section 18.
Section 18(a) authorizes the Secretary of Transportation to
make grants to the Transit Authority to finance capital and
preventative maintenance projects included in the Capital
Improvement Program approved by the WMATA Board of Directors.
These grants are to be in addition to other funding authorized
by the National Capital Transportation Act of 1969.
Section 18(b) requires that work performed with the
authorized funds be subject to the provisions of the WMATA
compact. Each federal grant will be for 50 percent of the net
project cost of the relevant project and cannot include other
federal funds or general operating revenue. Remaining costs are
to be covered by local funds derived from dedicated funding
sources. A provision was added to this subsection during
Committee consideration of the bill clarifying that the
authorized grants are only to be used for maintenance and
upkeep of the WMATA systems and may not be used to increase the
mileage of the rail system. This provision clarifies that the
authorized funding is not intended to fund the extension of
Metrorail lines. This provision does not impact in any way
WMATA's ability to use the authorized funds to purchase
additional buses or Metrorail cars.
Section 18(c) clarifies that the authorized funds will be
subject to certain requirements that normally govern transit
grants unless the Secretary of Transportation determines that
the requirements are inconsistent with the purposes of the new
section 18. These requirements include planning and contracting
requirements and are found in chapter 53 of title 49, United
States Code.
Section 18(d) provides that WMATA cannot receive any funds
authorized by this legislation until it notifies the Secretary
of Transportation that certain amendments have been made to the
WMATA compact. These include: (1) an amendment requiring that
all matching funds from local signatory governments to the
compact be made from dedicated funding sources; (2) an
amendment establishing an Office of the Inspector General for
WMATA; and (3) an amendment expanding the WMATA Board of
Directors by four directors appointed by the administrator of
the General Services Administration. The additional directors
will represent the interests of the federal government. Two of
the additional directors will be voting members and two will be
nonvoting members. One of the voting members will be a regular
WMATA rail or bus passenger.
Section 18(e) provides that WMATA may not receive any of
the funding authorized by the bill unless WMATA provides
customers access to licensed commercial wireless services from
any licensed wireless provider that elects to offer service and
notifies WMATA of its intent. Access must be provided on the 20
busiest underground platforms--as measured by passenger
traffic--not later than one year after enactment, and
throughout the entire rail system not later than four years
after enactment. This subsection also requires WMATA to ensure
that each licensed wireless provider that elects to offer
service to the public within the rail system has ongoing access
to the system in order to carry out emergency repairs, routine
maintenance, and upgrades.
This subsection addresses a long-standing concern regarding
public safety and personal security in the rail system.
Currently, only one wireless provider has direct access to
Metro rail platforms and tunnels. This subsection mandates that
WMATA grant any licensed wireless provider that intends to
offer service access to the system. Expanding wireless access
in the system is an important step toward making wireless
coverage more accessible and reliable.
This measure does not require WMATA to expend resources to
fund this effort. It is the hope of the Committee that
necessary upgrades to the existing underground wireless system
or the installation of a new wireless system can be funded
entirely by commercial parties. Subsection (e)(3) makes clear
that WMATA is authorized to assess ``reasonable and customary
charges'' for access granted under this provision. The
Committee notes, however, that the term ``reasonable and
customary'' means that such charges must be comparable to the
amounts charged in similar situations (e.g., tunnels, airports,
or other rail systems) around the country.
This subsection also recognizes the limited ``track time''
available for upgrading existing wireless systems or installing
new wireless systems and equipment. The Committee is sensitive
to the numerous maintenance and service demands on WMATA, and
understands that longer hours of operation leave less time for
necessary track work. Therefore, although subsection (e)(2)
requires that WMATA grant ongoing access to each licensed
wireless provider offering service in the system, it allows
WMATA to control such access to avoid serious disruptions in
service and to avoid threats to the safety of customers or
employees. The Committee expects that WMATA will use this
discretion in accordance with applicable deadlines and in a
manner consistent with the underlying intent of this provision
which was added by amendment during Committee consideration of
the bill.
Section 18(f) provides that WMATA may not receive any of
the funding authorized by the bill unless WMATA certifies to
the Secretary of Transportation that the amount of overtime
compensation paid to any WMATA employee in a pay period does
not exceed one-third of the employee's rate of basic pay for
that period. This subsection was added by amendment during
Committee consideration of the bill.
Section 18(g) provides that WMATA may not receive any of
the funding authorized by the bill unless WMATA certifies to
the Secretary of Transportation that, to the extent it is
consistent with WMATA's collective bargaining agreements,
overtime compensation is excluded from the income used to
calculate employee pensions. This subsection was added by
amendment during Committee consideration of the bill.
Section 18(h) authorizes $1.5 billion for grants to be
available in increments over a period of ten fiscal years
beginning in fiscal year 2009 or until expended.
Section 18(i) provides that funds appropriated pursuant to
the authorization provided by this legislation are to remain
available until expended. This section, as introduced, also
provided that funds appropriated pursuant to this authorization
are to be made in addition to, and not in lieu of, any other
funds made available to WMATA. This language was removed during
Committee consideration. Neither this language nor the removal
of this language has any substantive effect. This bill is an
authorization bill and any actual funding will come through the
appropriations process.
Section 3. Washington Metropolitan Area Transit Authority Inspector
General
This section increases accountability and transparency by
establishing an inspector general for WMATA.
Subsection (a) requires WMATA to establish an Office of the
Inspector General headed by an Inspector General for WMATA.
Subsection (b) requires that the Inspector General be
appointed by a majority vote of the WMATA Board of Directors
and without regard to political affiliation and solely on the
basis of integrity, demonstrated abilities, and experience.
This subsection also provides that the Inspector General is to
serve for a term of five years and can be reappointed for up to
two additional terms. The Inspector General may only be removed
from office before the end of his term by a unanimous vote of
all members of the WMATA Board of Directors and the Board is
required to communicate the reason for removal to Congress and
state and local officials.
Subsection (c) provides that the Inspector General will
carry out the same duties and responsibilities as an Inspector
General carries out under the Inspector General Act of 1978.
The Inspector General will be responsible for conducting an
annual audit of the financial accounts of WMATA and must
prepare semiannual reports. The Inspector General may receive
and investigate complaints or information from WMATA members
and employees and must protect the identity of the person
bringing the complaint unless there is consent or disclosure is
unavoidable. This subsection prohibits retaliation against any
WMATA member or employee that brings a complaint or discloses
information to the Inspector General. This subsection prohibits
WMATA from preventing the Inspector General from carrying out
his duties.
Subsection (d) provides that the Inspector General may
exercise the same authorities with respect to WMATA as an
Inspector General under the Inspector General Act of 1978. The
Inspector General will appoint and set the pay for an Assistant
Inspector General for Audits, an Assistant Inspector General
for Investigations, and any other staff the Inspector General
considers appropriate. This subsection preserves the
independence of the Office of the Inspector General by
providing that only individuals appointed or contracted by the
Inspector General may carry out the duties of the Office. This
subsection clarifies that Office of the Inspector General
personnel are only subject to WMATA's appointment and pay
regulations at the discretion of the Inspector General. This
subsection requires the General Manager of WMATA to provide the
Inspector General with adequate office space and maintenance
services.
Subsection (e) requires that to the extent any office or
entity in WMATA carries out any of the duties and
responsibilities assigned to the Inspector General, those
functions be transferred to the Office of the Inspector General
at the time the first Inspector General is appointed.
Section 4. Study and report by Comptroller General
Subsection (a) requires the Government Accountability
Office to conduct a study on the use of funds authorized by
this legislation.
Subsection (b) requires the Government Accountability
Office to submit to Congress a report on the study conducted
under subsection (a) within three years.
Explanation of Amendments
The following amendments were adopted in Committee:
Mr. Waxman and Mr. Davis offered an amendment, passed by
voice vote, to establish a deadline by which WMATA must allow
rail customers access to services offered by licensed wireless
providers. The amendment requires WMATA to provide access to
licensed commercial wireless services on the 20 busiest
underground platforms--as measured by passenger traffic--not
later than one year after enactment, and throughout the entire
rail system not later than four years after enactment. The
provision also requires WMATA to ensure that each licensed
wireless provider that elects to offer service to the public
within the rail system has ongoing access to the system in
order to carry out emergency repairs, routine maintenance and
upgrades.
Mrs. Foxx offered an amendment, which passed by voice vote,
clarifying that the authorized funding may only be used for the
maintenance and upkeep of WMATA systems and may not be used to
increase the mileage of the rail system. The amendment also
struck the language in the bill stating that the authorized
funds are to be in addition to, not in lieu of, other funding
made available to WMATA. This has no substantive effect. This
bill is an authorization bill and any actual funding will come
through the appropriations process.
Mrs. Foxx offered an amendment to offset the amount of
funding appropriated each year under the authorization
contained in the underlying bill with other federal transit
grant funding. Mr. Towns raised a point of order claiming it
was not germane because it concerned multiple provisions
outside the jurisdiction of the Committee. The Chair sustained
the point of order, explaining that the amendment is outside
the scope of the bill and outside the jurisdiction of the
Committee.
Mr. Westmoreland offered an amendment, which passed by
voice vote, prohibiting WMATA from receiving any funds
authorized by the underlying bill unless WMATA certifies to the
Secretary of Transportation that the amount of overtime
compensation paid to any WMATA 6 employee in a pay period does
not exceed one-third of the employee's rate of basic pay for
that period. The Chair noted in accepting the amendment that it
is important for the Committee to continue to review the
amendment and to consult with WMATA on the amendment.
Mr. Westmoreland offered an amendment, which passed by
voice vote, providing that, to the extent it is consistent with
collective bargaining agreements, WMATA be prohibited from
receiving any funds authorized by the underlying bill unless
WMATA certifies to the Secretary of Transportation that
overtime compensation is excluded from the income used to
calculate employee pensions. The Chair noted in accepting the
amendment that he did so with the understanding that the
Committee will continue to review the amendment and consult
WMATA on how the amendment will work in practice.
Committee Consideration
On Wednesday, April 18, 2007, the Committee met in open
session and favorably ordered H.R. 401 to be reported to the
House by a voice vote.
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 terms and conditions of
employment or access to public services and accommodations.
H.R. 401 authorizes federal funds for the Washington
Metropolitan Area Transit Authority and creates an Inspector
General for the Authority. 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, including the need for federal funding to allow
the Washington Metropolitan Area Transit Authority to make
capital improvements and to meet critical preventive
maintenance needs.
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, including authorizing federal funding for the
Washington Metropolitan Area Transit Authority and creating an
inspector general for the Authority.
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. 401. 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
Mandates Reform Act, P.L. 104-4) requires a statement on
whether the provisions of the report include unfunded mandates.
In compliance with this requirement the Committee has received
a letter from the Congressional Budget Office included herein.
Earmark Identification
H.R. 401 does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e), or 9(f) of rule XXI.
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. 401. 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. 401 from the Director of
the Congressional Budget Office:
April 27, 2007.
Hon. Henry A. Waxman,
Chairman, Committee on Oversight and Government Reform, House of
Representatives Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 401, the National
Capital Transportation Amendments Act of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sarah Puro.
Sincerely,
Peter R. Orszag.
Enclosure.
H.R. 401--National Capital Transportation Amendments Act of 2007
Summary: H.R. 401 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. 401 would cost $236
million over the 2010-2012 period and an additional $1.3
million after 2012.
H.R. 401 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
The bill would authorize funding for WMATA activities; any
costs to the transit authority, the District of Columbia,
Maryland, and Virginia would result from complying with
conditions of that federal assistance.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 401 is shown in the following table.
The costs of this legislation fall within budget function 400
(transportation).
------------------------------------------------------------------------
By fiscal year, in millions of
dollars--
---------------------------------------
2008 2009 2010 2011 2012
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level... 0 0 150 150 150
Estimated Outlays............... 0 0 38 83 115
------------------------------------------------------------------------
Basis of estimate: H.R. 401 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. For this estimate, CBO assumes that the authorized
amount will be appropriated in equal installments over a 10-
year period, beginning in 2010.
Before receiving the grants, Maryland, Virginia, and the
District of Columbia would need to amend the WMATA compact to
add four members to the Board of Directors and to make changes
to the operation of the Office of the Inspector General.
Further, those entities would be required to establish funding
sources dedicated solely to the transit authority. CBO expects
that those requirements would delay the award of grants until
at least 2010.
Assuming appropriation of the $1.5 billion authorized under
H.R. 401, CBO estimates that implementing the bill would cost
$236 million over the 2010-2012 period and another $1,264
million after 2012. That estimate of outlays is based on
historical spending patterns of grants for similar capital and
maintenance projects for mass transit systems.
Estimated impact on state, local, and tribal governments:
H.R. 401 contains no intergovernmental mandates as defined in
UMRA.
As a condition of receiving $1.5 billion over 10 years for
certain capital and preventative maintenance projects, the bill
would require WMATA to:
<bullet> Establish an Office of the Inspector
General;
<bullet> Expand the Board of Directors;
<bullet> Restrict the maximum amount of overtime pay
paid to any WMATA employees to one-third of their rate
of basic pay for the period;
<bullet> Exclude overtime pay from the retirement
annuity calculation for WMATA employees, and
<bullet> Insure access of rail customers to wireless
service.
Also, as a condition of receiving these grants, the
District of Columbia, Maryland, and Virginia would be required
to earmark funds to match the federal assistance. The bill
would restrict the use of federal funds to maintenance and
upkeep only.
Estimated impact on the private sector: H.R. 401 contains
no new private-sector mandates as defined in UMRA.
Estimate prepared by: Federal Costs: Sarah Puro. Impact on
State, Local, and Tribal Governments: Elizabeth Cove. Impact on
the Private Sector: Fatimot Ladipo.
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.
(3) Such Federal grants may be used only for the
maintenance and upkeep of the systems of the Transit
Authority as of the date of the enactment of the
National Capital Transportation Amendments Act of 2007
and may not be used to increase the mileage of the rail
system.
(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)(A) An amendment requiring that all payments by
the local signatory governments for the Transit
Authority for the purpose of matching any Federal funds
appropriated in any given year authorized under
subsection (a) for the cost of operating and
maintaining the adopted regional system are made from
amounts derived from dedicated funding sources.
(B) For purposes of this paragraph, the term
``dedicated funding source'' means any source of
funding which is earmarked or required under State or
local law to be used to match Federal appropriations
authorized under this Act 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 2007.
(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) Access to Wireless Services in Metrorail System.--
(1) Requiring transit authority to provide access to
service.--No amounts may be provided to the Transit
Authority pursuant to the authorization under this
section unless the Transit Authority ensures that
customers of the rail service of the Transit Authority
have access within the rail system to services provided
by any licensed wireless provider that notifies the
Transit Authority (in accordance with such procedures
as the Transit Authority may adopt) of its intent to
offer service to the public, in accordance with the
following timetable:
(A) Not later than 1 year after the date of
the enactment of the National Capital
Transportation Amendments Act of 2007, in the
20 underground rail station platforms with the
highest volume of passenger traffic.
(B) Not later than 4 years after such date,
throughout the rail system.
(2) Access of wireless providers to system for
upgrades and maintenance.--No amounts may be provided
to the Transit Authority pursuant to the authorization
under this section unless the Transit Authority ensures
that each licensed wireless provider who provides
service to the public within the rail system pursuant
to paragraph (1) has access to the system on an ongoing
basis (subject to such restrictions as the Transit
Authority may impose to ensure that such access will
not unduly impact rail operations or threaten the
safety of customers or employees of the rail system) to
carry out emergency repairs, routine maintenance, and
upgrades to the service.
(3) Permitting reasonable and customary charges.--
Nothing in this subsection may be construed to prohibit
the Transit Authority from requiring a licensed
wireless provider to pay reasonable and customary
charges for access granted under this subsection.
(4) Reports.--Not later than 1 year after the date of
the enactment of the National Capital Transportation
Amendments Act of 2007, and each of the 3 years
thereafter, the Transit Authority shall submit to the
Committee on Oversight and Government Reform of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a
report on the implementation of this subsection.
(5) Definition.--In this subsection, the term
``licensed wireless provider'' means any provider of
wireless services who is operating pursuant to a
Federal license to offer such services to the public
for profit.
(f) Cap on Overtime Pay.--
(1) In general.--No amounts may be provided to the
Transit Authority pursuant to the authorization under
this section unless the Transit Authority certifies to
the Secretary of Transportation that the amount of
overtime compensation paid to any employee of the
Transit Authority with respect to any pay period does
not exceed \1/3\ of the employee's rate of basic pay
for such period.
(2) Effective date.--Paragraph (1) shall apply with
respect to pay periods beginning on or after the date
of the enactment of the National Capital Transportation
Amendments Act of 2007.
(g) Exclusion of Overtime Pay in Calculation of Annual Salary
Used for Determining Amount of Retirement Annuity.--
(1) In general.--To the extent consistent with
collective bargaining agreements, no amounts may be
provided to the Transit Authority pursuant to the
authorization under this section unless the Transit
Authority certifies to the Secretary of Transportation
that, in determining the amount of any annuity paid to
an individual who is separated from employment with the
Transit Authority which is based in whole or in part on
the compensation paid to the individual during any
year, there shall be excluded from the determination of
the compensation paid to the individual during the year
any amounts paid as overtime compensation.
(2) Effective date.--Paragraph (1) shall apply with
respect to compensation paid to an individual during
years beginning after the date of the enactment of the
National Capital Transportation Amendments Act of 2007.
(h) 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
2009, or until expended.
(i) Availability.--Amounts appropriated pursuant to the
authorization under this section shall remain available until
expended.
* * * * * * *
ADDITIONAL VIEWS OF RANKING MEMBER TOM DAVIS
These additional views are being submitted in support of
H.R. 401, the National Capital Transportation Amendments Act of
2007.
This legislation would reaffirm the federal government's
longstanding commitment to the regional bus and rail system
critical to keeping the government open and operating
efficiently.
As we have discussed before, the precedent for federal
investment in the region's rail and bus system dates back to
1960, when President Eisenhower signed the ``National Capital
Transportation Act,'' creating the agency responsible for
developing a regional rail system for the Nation's Capital.
Since that time, Congress has periodically infused the system
with funding for construction of the original 103-mile system.
The federal government has a vested interest in the long-
term sustainability of the Metro system. After all,
approximately half of the system's peak ridership is composed
of federal employees and contractors and over 50 federal
agencies in the National Capital Region are located adjacent to
Metro stations. These federal agencies rely on WMATA to get
their employees to and from the workplace year-round, in all
types of weather.
Unlike other transit systems throughout the country,
however, the Washington Metropolitan Area Transit Authority
cannot generate revenues from the property adjacent to Metro
stations because the property is disproportionately occupied by
federal buildings, embassies and non-profit organizations. H.R.
401 makes up for this discrepancy.
In exchange for the reauthorization of federal funding,
H.R. 401 would require Maryland, D.C. and Virginia to, at long
last, develop dedicated funding sources for the Metro system.
To address some of the management challenges facing Metro, H.R.
401 would also establish an inspector general for the
Washington Metropolitan Area Transit Authority to oversee its
spending and finances, and it would add four federal members to
WMATA's Board of Directors.
In addition, the legislation would make cell phone service
more available to passengers by requiring Metro to allow for
the provision of and upgrade to commercial wireless phone
services throughout the rail system.
The House passed legislation similar to H.R. 401 last
Congress but we were unable to get it through the Senate before
time ran out. I appreciate the Chairman's commitment to moving
this legislation in the 110th Congress.
Tom Davis.
<all>