[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 668 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 668

     To authorize the establishment of the National Capital Region 
Interstate Transportation Authority, to define the powers and duties of 
                 the Authority, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               April 4 (legislative day, March 27), 1995

  Mr. Warner introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
     To authorize the establishment of the National Capital Region 
Interstate Transportation Authority, to define the powers and duties of 
                 the Authority, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Capital Region Interstate 
Transportation Authority Act of 1995''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) traffic congestion imposes serious economic burdens on 
        the metropolitan Washington, D.C., area, costing each commuter 
        an estimated $1,000 per year;
            (2) the average length of a commute in the metropolitan 
        Washington, D.C., area is second only to the average length of 
        a commute in metropolitan New York;
            (3) the volume of traffic in the metropolitan Washington, 
        D.C., area is expected to increase by more than 70 percent 
        between 1990 and 2020;
            (4) the deterioration of the Woodrow Wilson Memorial Bridge 
        and the growing population of the metropolitan Washington, 
        D.C., area contribute significantly to traffic congestion;
            (5) the Bridge serves as a vital link in the Interstate 
        System and in the Northeast corridor;
            (6) identifying alternative methods for maintaining this 
        vital link of the Interstate System is critical to addressing 
        the traffic congestion of the area;
            (7) the Bridge is--
                    (A) the only drawbridge in the metropolitan 
                Washington, D.C., area on the Interstate System;
                    (B) the only segment of the Capital Beltway with 
                only 6 lanes; and
                    (C) the only segment of the Capital Beltway with a 
                remaining expected life of less than 10 years;
            (8) the Bridge is the only part of the Interstate System 
        owned by the Federal Government;
            (9) while the Commonwealth of Virginia, the State of 
        Maryland, and the District of Columbia maintain the Bridge, no 
        entity has ever been granted full and clear responsibility for 
        all aspects of the Bridge;
            (10) the Federal Government has historically had a role in 
        fostering regional transportation planning, as demonstrated by 
        the construction of the Bridge by the Department of Commerce 
        and the longstanding ownership of and funding for the Bridge by 
        the Department of Transportation;
            (11) the transfer of ownership of the Bridge to a regional 
        entity under the terms and conditions described in this Act 
        would foster regional transportation planning efforts to 
        identify solutions to the growing problem of traffic congestion 
        on and around the Bridge;
            (12) any material change to the Bridge must take into 
        account the interests of nearby communities, the commuting 
        public, Federal, State, and local government organizations, and 
        other affected groups; and
            (13) a commission of congressional, State, and local 
        officials and transportation representatives has recommended to 
        the Secretary of Transportation that the Bridge be transferred 
        to an independent authority to be established by the Capital 
        Region jurisdictions.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to grant consent to the Commonwealth of Virginia, the 
        State of Maryland, and the District of Columbia to establish 
        the National Capital Region Interstate Transportation 
        Authority; and
            (2) to authorize the transfer of ownership of the Bridge to 
        the Authority for the purposes of owning, constructing, 
        maintaining, and operating a bridge or tunnel or a bridge and 
        tunnel project across the Potomac River.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Authority.--The term ``Authority'' means the National 
        Capital Region Interstate Transportation Authority authorized 
        by this Act and by similar enactment by each of the Capital 
        Region jurisdictions.
            (2) Authority facility.--The term ``Authority facility'' 
        means--
                    (A) the Bridge (as in existence on the date of 
                enactment of this Act);
                    (B) any southern Capital Beltway crossing of the 
                Potomac River constructed in the vicinity of the Bridge 
                after the date of enactment of this Act; or
                    (C) any building, improvement, addition, extension, 
                replacement, appurtenance, land, interest in land, 
                water right, air right, franchise, machinery, 
                equipment, furnishing, landscaping, easement, utility, 
                approach, roadway, or other facility necessary or 
                desirable in connection with or incidental to a 
                facility described in subparagraph (A) or (B).
            (3) Board.--The term ``Board'' means the board of directors 
        of the Authority established under section 6.
            (4) Bridge.--The term ``Bridge'' means the Woodrow Wilson 
        Memorial Bridge across the Potomac River.
            (5) Capital region jurisdiction.--The term ``Capital Region 
        jurisdiction'' means--
                    (A) the Commonwealth of Virginia;
                    (B) the State of Maryland; or
                    (C) the District of Columbia.
            (6) Interstate system.--The term ``Interstate System'' 
        means the Dwight D. Eisenhower National System of Interstate 
        and Defense Highways designated under section 103(e) of title 
        23, United States Code.
            (7) National capital region.--The term ``National Capital 
        Region'' means the region consisting of the metropolitan areas 
        of--
                    (A)(i) the cities of Alexandria, Fairfax, and Falls 
                Church, Virginia; and
                    (ii) the counties of Arlington and Fairfax, 
                Virginia, and the political subdivisions of the 
                Commonwealth of Virginia located in the counties;
                    (B) the counties of Montgomery and Prince Georges, 
                Maryland, and the political subdivisions of the State 
                of Maryland located in the counties; and
                    (C) the District of Columbia.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

SEC. 5. ESTABLISHMENT OF AUTHORITY.

    (a) Consent to Agreement.--Congress grants consent to the 
Commonwealth of Virginia, the State of Maryland, and the District of 
Columbia to enter into an interstate agreement or compact to establish 
the National Capital Region Interstate Transportation Authority in 
accordance with this Act.
    (b) Establishment of Authority.--
            (1) In general.--On execution of the interstate agreement 
        or compact described in subsection (a), the Authority shall be 
        considered to be established.
            (2) General powers.--The Authority shall be a body 
        corporate and politic, independent of all other bodies and 
        jurisdictions, having the powers and jurisdiction described in 
        this Act and such additional powers as are conferred on the 
        Authority by the Capital Region jurisdictions, to the extent 
        that the additional powers are consistent with this Act.

SEC. 6. GOVERNMENT OF AUTHORITY.

    (a) In General.--The Authority shall be governed in accordance with 
this section and with the terms of any interstate agreement or compact 
relating to the Authority that is consistent with this Act.
    (b) Board.--The Authority shall be governed by a board of directors 
consisting of 12 members appointed by the Capital Region jurisdictions 
and 1 member appointed by the Secretary.
    (c) Qualifications.--One member of the Board appointed by each of 
the Capital Region jurisdictions shall have an appropriate background 
in finance, construction lending, or infrastructure policy.
    (d) Chairperson.--The chairperson of the Board shall be elected 
biennially by the members of the Board.
    (e) Secretary and Treasurer.--The Board may--
            (1) biennially elect a secretary and a treasurer, or a 
        secretary-treasurer, without regard to whether the individual 
        is a member of the Board; and
            (2) prescribe the powers and duties of the secretary and 
        treasurer, or the secretary-treasurer.
    (f) Terms.--
            (1) In general.--Except as provided in paragraph (2), a 
        member of the Board shall serve for a 6-year term, and shall 
        continue to serve until the successor of the member has been 
        appointed in accordance with this subsection.
            (2) Initial appointments.--
                    (A) By capital region jurisdictions.--Members 
                initially appointed to the Board by a Capital Region 
                jurisdiction shall be appointed for the following 
                terms:
                            (i) 1 member shall be appointed for a 6-
                        year term.
                            (ii) 1 member shall be appointed for a 4-
                        year term.
                            (iii) 2 members shall each be appointed for 
                        a 2-year term.
                    (B) By secretary.--The member of the Board 
                appointed by the Secretary shall be appointed for a 6-
                year term.
            (3) Failure to appoint.--The failure of a Capital Region 
        jurisdiction to appoint 1 or more members of the Board, as 
        provided in this subsection, shall not impair the establishment 
        of the Authority if the condition of the establishment 
        described in section 5(b)(1) has been met.
            (4) Vacancies.--Subject to paragraph (5), a person 
        appointed to fill a vacancy on the Board shall serve for the 
        unexpired term.
            (5) Reappointments.--A member of the Board shall be 
        eligible for reappointment for 1 additional term.
            (6) Personal liability of members.--A member of the Board, 
        including any nonvoting member, shall not be personally liable 
        for--
                    (A) any action taken in the capacity of the member 
                as a member of the Board; or
                    (B) any note, bond, or other financial obligation 
                of the Authority.
            (7) Quorum.--
                    (A) In general.--Subject to subparagraph (B), for 
                the purpose of carrying out the business of the 
                Authority, 7 members of the Board shall constitute a 
                quorum.
                    (B) Approval of bond issues and budget.--Eight 
                affirmative votes of the members of the Board shall be 
                required to approve bond issues and the annual budget 
                of the Authority.
            (8) Compensation.--A member of the Board shall serve 
        without compensation and shall reside within a Capital Region 
        jurisdiction.
            (9) Expenses.--A member of the Board shall be entitled to 
        reimbursement for the expenses of the member incurred in 
        attending a meeting of the Board or while otherwise engaged in 
        carrying out the duties of the Board.

SEC. 7. OWNERSHIP OF BRIDGE.

    (a) Conveyance by Secretary.--
            (1) In general.--After the Capital Region jurisdictions 
        enter into the agreement described in subsection (c), the 
        Secretary shall convey all right, title, and interest of the 
        Department of Transportation in and to the Bridge to the 
        Authority. Except as provided in paragraph (2), upon conveyance 
        by the Secretary, the Authority shall accept the right, title, 
        and interest in and to the Bridge, and all duties and 
        responsibilities associated with the Bridge.
            (2) Interim responsibilities.--Until such time as a new 
        crossing of the Potomac River described in section 8 is 
        constructed and operational, the conveyance under paragraph (1) 
        shall in no way--
                    (A) relieve the Capital Region jurisdictions of the 
                sole and exclusive responsibility to maintain and 
                operate the Bridge; or
                    (B) relieve the Secretary of the responsibility to 
                rehabilitate the Bridge or to comply with the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) and all other requirements applicable with 
                respect to the Bridge.
    (b) Conveyance by the Secretary of the Interior.--At the same time 
as the conveyance of the Bridge by the Secretary under subsection (a), 
the Secretary of the Interior shall transfer to the Authority all 
right, title, and interest of the Department of the Interior in and to 
such land under or adjacent to the Bridge as is necessary to carry out 
section 8. Upon conveyance by the Secretary of the Interior, the 
Authority shall accept the right, title, and interest in and to the 
land.
    (c) Agreement.--The agreement referred to in subsection (a) is an 
agreement among the Secretary, the Governors of the Commonwealth of 
Virginia and the State of Maryland, and the Mayor of the District of 
Columbia as to the Federal share of the cost of the activities carried 
out under section 8.

SEC. 8. CAPITAL IMPROVEMENTS AND CONSTRUCTION.

    The Authority shall take such action as is necessary to address the 
need of the National Capital Region for an enhanced southern Capital 
Beltway crossing of the Potomac River that serves the traffic corridor 
of the Bridge (as in existence on the date of enactment of this Act), 
in accordance with the recommendations in the final environmental 
impact statement prepared by the Secretary. The Authority shall have 
the sole responsibility for the ownership, construction, operation, and 
maintenance of a new crossing of the Potomac River.

SEC. 9. ADDITIONAL POWERS AND RESPONSIBILITIES OF AUTHORITY.

    In addition to the powers and responsibilities of the Authority 
under the other provisions of this Act and under any interstate 
agreement or compact relating to the Authority that is consistent with 
this Act, the Authority shall have all powers necessary and appropriate 
to carry out the duties of the Authority, including the power--
            (1) to adopt and amend any bylaw that is necessary for the 
        regulation of the affairs of the Authority and the conduct of 
        the business of the Authority;
            (2) to adopt and amend any regulation that is necessary to 
        carry out the powers of the Authority;
            (3) subject to section 7(a)(2), to plan, establish, 
        finance, operate, develop, construct, enlarge, maintain, equip, 
        or protect the Bridge or a new crossing of the Potomac River 
        described in section 8;
            (4) to employ, in the discretion of the Authority, a 
        consulting engineer, attorney, accountant, construction or 
        financial expert, superintendent, or manager, or such other 
        employee or agent as is necessary, and to fix the compensation 
        and benefits of the employee or agent, except that--
                    (A) an employee of the Authority shall not engage 
                in an activity described in section 7116(b)(7) of title 
                5, United States Code, with respect to the Authority; 
                and
                    (B) an employment agreement entered into by the 
                Authority shall contain an explicit prohibition against 
                an activity described in subparagraph (A) with respect 
                to the Authority by an employee covered by the 
                agreement;
            (5) to--
                    (A) acquire personal and real property (including 
                land lying under water and riparian rights), or any 
                easement or other interest in real property, by 
                purchase, lease, gift, transfer, or exchange; and
                    (B) exercise such powers of eminent domain in the 
                Capital Region jurisdictions as are conferred on the 
                Authority by the Capital Region jurisdictions, in the 
                exercise of the powers and the performance of the 
                duties of the Authority;
            (6) to apply for and accept any property, material, 
        service, payment, appropriation, grant, gift, loan, advance, or 
other fund that is transferred or made available to the Authority by 
the Federal Government or by any other public or private entity or 
individual;
            (7) to borrow money on a short-term basis and issue notes 
        of the Authority for the borrowing payable on such terms and 
        conditions as the Board considers advisable, and to issue bonds 
        in the discretion of the Authority for any purpose consistent 
        with this Act, which notes and bonds--
                    (A) shall not constitute a debt of the United 
                States, a Capital Region jurisdiction, or any political 
                subdivision of the United States or a Capital Region 
                jurisdiction;
                    (B) may be secured solely by the general revenues 
                of the Authority, or solely by the income and revenues 
                of the Bridge or a new crossing of the Potomac River 
                described in section 8; and
                    (C) shall be exempt as to principal and interest 
                from all taxation (except estate and gift taxes) by the 
                United States;
            (8) to fix, revise, charge, and collect any reasonable toll 
        or other charge;
            (9) to enter into any contract or agreement necessary or 
        appropriate to the performance of the duties of the Authority, 
        the proper operation of the Bridge or a new crossing of the 
        Potomac River described in section 8;
            (10) to make any payment necessary to reimburse a local 
        political subdivision having jurisdiction over an area where 
        the Bridge or a new crossing of the Potomac River is situated 
        for any extraordinary law enforcement cost incurred by the 
        subdivision in connection with the Authority facility;
            (11) to enter into partnerships or grant concessions 
        between the public and private sectors for the purpose of--
                    (A) financing, constructing, maintaining, 
                improving, or operating the Bridge or a new crossing of 
                the Potomac River described in section 8; or
                    (B) fostering development of a new transportation 
                technology;
            (12) to obtain any necessary Federal authorization, permit, 
        or approval for the construction, repair, maintenance, or 
        operation of the Bridge or a new crossing of the Potomac River 
        described in section 8;
            (13) to adopt an official seal and alter the seal, as the 
        Board considers appropriate;
            (14) to appoint 1 or more advisory committees;
            (15) to sue and be sued in the name of the Authority; and
            (16) to carry out any activity necessary or appropriate to 
        the exercise of the powers or performance of the duties of the 
        Authority under this Act and under any interstate agreement or 
        compact relating to the Authority that is consistent with this 
        Act, if the activity is coordinated and consistent with the 
        transportation planning process implemented by the metropolitan 
        planning organization for the Washington, District of Columbia, 
        metropolitan area under section 134 of title 23, United States 
        Code, and section 5303 of title 49, United States Code.

SEC. 10. TERMINATION OF AUTHORITY.

    (a) Withdrawal.--A Capital Region jurisdiction may withdraw from 
the Authority if--
            (1) the Capital Region jurisdiction provides written notice 
        to the Authority of the intent to withdraw not less than 1 year 
        prior to the withdrawal;
            (2) as of the date of the withdrawal--
                    (A) no Federal funds have been obligated with 
                respect to an uncompleted project under the 
                jurisdiction of the Authority; and
                    (B) no note, bond, or other financial obligation of 
                the Authority is outstanding; and
            (3) a majority of the Board votes to agree to the 
        withdrawal.
    (b) Termination.--If a Capital Region jurisdiction withdraws from 
the Authority under subsection (a), the Authority shall--
            (1) reconvey the Bridge to the Secretary;
            (2) if any funds of the Authority remain unobligated, repay 
        the funds to each Capital Region jurisdiction in proportion to 
        the funds contributed by the Capital Region jurisdiction to the 
        Authority; and
            (3) terminate.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated from the 
Highway Trust Fund established by section 9503 of the Internal Revenue 
Code of 1986 such sums as are necessary to pay the Federal share 
determined under section 7(c).
    (b) Applicability of Title 23.--Funds made available under this 
section shall be available for obligation in the manner provided for 
funds apportioned under chapter 1 of title 23, United States Code, 
except that--
            (1) the Federal share of the cost of any activity carried 
        out under section 8 shall be determined in accordance with 
        section 7(c); and
            (2) the funds made available under this section shall 
        remain available until expended.

SEC. 12. AVAILABILITY OF PRIOR AUTHORIZATIONS.

    In addition to the funds made available under section 11, any funds 
made available for the rehabilitation of the Bridge under sections 
1069(i) and 1103(b) of the Intermodal Surface Transportation Efficiency 
Act of 1991 (Public Law 102-240; 105 Stat. 2009 and 2028) shall 
continue to be available after the conveyance of the Bridge to the 
Authority under section 7(a), in accordance with the terms under which 
the funds were made available under the Act.
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