[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2882 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 2882

To reduce traffic congestion, promote economic development, and improve 
       the quality of life in the metropolitan Washington region.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 24, 2003

Mr. Moran of Virginia introduced the following bill; which was referred 
         to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To reduce traffic congestion, promote economic development, and improve 
       the quality of life in the metropolitan Washington region.

    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 ``Metropolitan Washington Regional 
Transportation Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) congestion is a serious problem in the metropolitan 
        Washington region, as evidenced by recent studies that have 
        found that congestion costs each man, woman, and child in the 
        region close to $655 per year (or an average of $1,595 per year 
        for each rush-hour driver) in lost time, wasted fuel, and 
        environmental damage;
            (2) in the past, regional leaders have successfully worked 
        together to address important transportation needs, through 
        such institutions as the Metropolitan Washington Airports 
        Authority, the Washington Metropolitan Area Transit Authority, 
        and the National Capital Region Transportation Planning Board 
        at the Metropolitan Washington Council of Governments;
            (3) even greater regional cooperation is needed to prevent 
        congestion in the metropolitan Washington region from 
        worsening, in light of predictions that there will be a 31 
        percent increase in population, a 41 percent increase in 
        employment, and a 46 percent increase in vehicle miles traveled 
        in the region over the next 25 years;
            (4) while transportation needs will grow significantly over 
        the next 25 years, spending is expected to fall short of 
        transportation needs over the same period by more than $43.5 
        billion, even with expected increases in Federal and State 
        spending;
            (5) none of the existing metropolitan-wide transportation 
        agencies within the metropolitan Washington region has the 
        necessary powers, authorities, and resources to meet the 
        current and future transportation needs of the region;
            (6) the failure to meet the transportation needs of the 
        metropolitan Washington region will undermine the quality of 
        life of the residents of the region, degrade the natural 
        environment, and adversely affect the ability of Federal 
        agencies and private sector businesses to operate effectively 
        and efficiently;
            (7) the transportation challenges faced by the metropolitan 
        Washington region are unique and deserve the attention of 
        Congress because of the presence of the Federal Government 
        within the region and because of the intersection of 3 
        jurisdictions, consisting of 2 States and the District of 
        Columbia, within a single metropolitan area;
            (8) the National Capital Region Transportation Planning 
        Board at the Metropolitan Washington Council of Governments, 
        the designated metropolitan planning organization for planning 
        and programming Federal transit and highway funds provided to 
        the metropolitan Washington region, is updating the long-range 
        plan for the region to meet transportation needs in the coming 
        decades; and
            (9) with Federal assistance, the Board can more effectively 
        promote regional agreement on how to finance and implement its 
        long-range plan to meet the transportation needs of the 
        metropolitan Washington region.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to provide a new option to help the metropolitan 
        Washington region more effectively address its transportation 
        needs;
            (2) to empower the National Capital Region Transportation 
        Planning Board to consult with the metropolitan Washington 
        region jurisdictions and the public to achieve consensus on a 
        list of critical transportation projects and a funding 
        mechanism that are needed to address the growing congestion 
        crisis in the region but cannot be funded within the current 
        and forecasted Federal, State, and local funding levels for 
        such projects;
            (3) to establish a Corporation with the power to accept 
        revenue and issue debt, and to accept and distribute Federal 
        grants, to provide funding for projects that have been agreed 
        to by the region;
            (4) to grant consent to the metropolitan Washington region 
        jurisdictions to enter into an interstate compact or agreement 
        that would help meet the region's long-term transportation 
        needs; and
            (5) to supplement Federal grants to the region and promote 
        consensus on a regional funding mechanism.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Board.--The term ``Board'' means the National Capital 
        Region Transportation Planning Board at the Metropolitan 
        Washington Council of Governments.
            (2) Corporation.--The term ``Corporation'' means the 
        Metropolitan Washington Regional Transportation Corporation 
        established by section 6(a).
            (3) Metropolitan washington region; region.--The term 
        ``metropolitan Washington region'' or ``region'' means the area 
        that is--
                    (A) located in the area including and surrounding 
                Washington, District of Columbia; and
                    (B) under the jurisdiction of the members of the 
                Board.
            (4) Metropolitan washington region jurisdiction.--The term 
        ``metropolitan Washington region jurisdiction'' means a 
        jurisdiction represented by a member of the Board.
            (5) Project.--The term ``project'' means any effort to 
        reduce traffic congestion or improve travel options in the 
        metropolitan Washington region, including--
                    (A) the design, construction, and maintenance of 
                facilities or services;
                    (B) the operation of such facilities;
                    (C) the provision of services;
                    (D) the deployment of demand reduction and traffic 
                management measures; and
                    (E) any effort to improve coordination of 
                transportation planning and land use planning.
            (6) Signatory.--The term ``signatory'' means a metropolitan 
        Washington region jurisdiction that enters into an interstate 
        compact or agreement under section 5(d).

SEC. 5. DUTIES OF THE BOARD.

    (a) Duties.--
            (1) In general.--The Board shall--
                    (A) allocate Federal funds received by the Board 
                among projects of regional significance;
                    (B)(i) propose a list of priority transportation 
                projects that--
                            (I) are needed to address the growing 
                        congestion crisis in the metropolitan 
                        Washington region; and
                            (II) cannot be funded with Federal, State, 
                        and local transportation funds that are 
                        projected to be made available for the 
                        metropolitan Washington region;
                    (ii) propose a regional funding mechanism to fund 
                the needed projects; and
                    (iii) manage the Corporation to provide funding for 
                regional transportation projects;
                    (C) provide notice and opportunity for comment on 
                its efforts under this Act by metropolitan Washington 
                region jurisdictions and the public;
                    (D) conduct outreach and education activities to 
                promote public participation;
                    (E) promote cooperative action by metropolitan 
                Washington region jurisdictions on regional 
                transportation issues; and
                    (F) if necessary, assist metropolitan Washington 
                region jurisdictions in developing an interstate 
                compact or agreement to better meet regional 
                transportation needs.
            (2) Limitations.--The Board shall not have the power to--
                    (A) impose a tax; or
                    (B) preempt any Federal, State, or local law 
                (including a regulation).
    (b) Board Support.--The Board shall use staff of the Board and may 
employ such additional personnel and agents as are necessary to carry 
out this Act, including public outreach staff to meet the public 
participation requirements of titles 23 and 49, United States Code.
    (c) Timetable.--The Board shall--
            (1) develop and publish a first draft proposal listing 
        regional projects and regional funding mechanisms not later 
        than 210 days after the date of enactment of this Act;
            (2) provide an opportunity for public comment on the first 
        draft proposal during the period beginning on the date of 
        publication of the first draft proposal and ending not earlier 
        than 90 days after that date;
            (3) not later than 2 years after the date of enactment of 
        this Act, develop and publish a final proposal; and
            (4) prior to implementation of any regional project or 
        regional funding mechanism included in the final proposal, 
        obtain approval of the final proposal from--
                    (A) the Governor of the State of Virginia;
                    (B) the Governor of the State of Maryland; and
                    (C) the Mayor of the District of Columbia.
    (d) Interstate Compact or Agreement.--
            (1) In general.--Subject to paragraph (2), Congress grants 
        consent to 1 or more of the metropolitan Washington region 
        jurisdictions to enter into an interstate compact or agreement 
        to finance and implement 1 or more of the priority projects 
        from the long-range plan of the Board, if consent is granted 
        by--
                    (A) the Governor of each State that enters into the 
                compact or agreement; and
                    (B) if the District of Columbia enters into the 
                compact or agreement, the Mayor of the District of 
                Columbia.
            (2) Requirements.--The interstate compact or agreement 
        shall--
                    (A) include a list of regional transportation 
                projects and a regional funding mechanism to fund the 
                projects; and
                    (B) include a time limit of not more than 2 years 
                for approval by the metropolitan Washington region 
                jurisdictions.
    (e) Planning Process.--In carrying out this Act, the Board shall--
            (1) comply with the planning requirements of titles 23 and 
        49, United States Code; and
            (2)(A) ensure that the public has a full opportunity to 
        participate in the planning process; and
            (B) work with citizen advisory committees representing all 
        points of view, including business, environmental, 
        transportation, senior citizens, youth, disabled, and 
        neighborhood associations.

SEC. 6. IMPLEMENTATION OF LONG-RANGE PLAN FOR THE METROPOLITAN 
              WASHINGTON REGION.

    (a) Metropolitan Washington Regional Transportation Corporation.--
            (1) Establishment.--There is established the Metropolitan 
        Washington Regional Transportation Corporation.
            (2) General powers.--
                    (A) In general.--The Corporation shall be a body 
                corporate and politic, and an instrumentality of the 
                Board, having the powers and jurisdiction described in 
                this Act and such additional powers as are conferred on 
                the Corporation by the Board, to the extent that the 
                additional powers are consistent with this Act.
                    (B) Administration.--The Corporation shall be 
                governed in accordance with this Act and shall be 
                subject to such other provisions as the Board 
                determines to be appropriate.
            (3) General limitations.--The Corporation shall not have 
        the power to--
                    (A) impose a tax; or
                    (B) preempt any Federal, State, or local law 
                (including a regulation).
            (4) Duties.--The Corporation shall assist in the management 
        of any initial funding and implementation plan agreed to by the 
        signatories.
            (5) Public accountability.--
                    (A) Public notice and participation.--The 
                Corporation shall be subject to the requirements of 
                chapter 5 of title 5, United States Code, concerning 
                public notice of, and participation at, all meetings of 
                the Corporation.
                    (B) Freedom of information act.--The Corporation 
                shall be considered to be an agency for the purpose of 
                compliance with requests under section 552 of title 5, 
                United States Code.
                    (C) Compliance with laws governing 
                transportation.--Projects funded by the Corporation 
                shall be considered to be federally funded projects 
                subject to--
                            (i) the National Historic Preservation Act 
                        (16 U.S.C. 470 et seq.);
                            (ii) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.);
                            (iii) the Clean Air Act (42 U.S.C. 7401 et 
                        seq.); and
                            (iv) section 303 of title 49, United States 
                        Code.
            (6) Effective analysis.--In assessing the impact of 
        projects under consideration for funding, the Corporation shall 
        use analytical tools consistent with state-of-the-art 
        practices, in accordance with applicable Federal regulations 
        and guidance.
            (7) Powers.--The Corporation shall have the power--
                    (A) to 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;
                    (B) 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 Corporation by the Federal Government 
                or by any other public or private entity or individual;
                    (C) to borrow money on a short-term basis and issue 
                notes of the Corporation for the borrowing payable on 
                such terms and conditions as the Corporation considers 
                advisable, and to issue long-term or short-term tax-
                exempt bonds in the discretion of the Corporation for 
                any purpose consistent with this Act, which notes and 
                bonds--
                            (i) shall not constitute--
                                    (I) a debt of the United States (or 
                                any political subdivision of the United 
                                States); or
                                    (II) a general obligation of a 
                                metropolitan Washington region 
                                jurisdiction (or any political 
                                subdivision of a metropolitan 
                                Washington region jurisdiction), unless 
                                consented to by the jurisdiction (or 
                                political subdivision); and
                            (ii) may be secured solely by the general 
                        revenues of the Corporation or by other 
                        revenues in the discretion of the Corporation;
                    (D) to permit single-occupancy vehicles to travel 
                on high-occupancy lanes in the region, if--
                            (i) the affected signatory or signatories 
                        consent to charge tolls to single-occupancy 
                        vehicles given access to high-occupancy lanes;
                            (ii) the toll can be implemented in a way 
                        that does not reduce the level of service; and
                            (iii) the affected signatory or signatories 
                        consent to use the toll revenues for regional 
                        transportation projects;
                    (E) to enter into any contract or agreement 
                appropriate to the performance of the duties of the 
                Corporation;
                    (F) to enter into partnerships or grant concessions 
                between the public and private sectors for the purpose 
                of--
                            (i) financing, constructing, maintaining, 
                        improving, or operating regional transportation 
                        facilities in the metropolitan Washington 
                        region; or
                            (ii) fostering development of a new 
                        transportation technology;
                    (G) to obtain any necessary Federal authorization, 
                permit, or approval for the construction, repair, 
                maintenance, or operation of regional transportation 
                facilities in the metropolitan Washington region;
                    (H) to adopt an official seal and alter the seal, 
                as the Corporation considers to be appropriate;
                    (I) to appoint 1 or more advisory committees;
                    (J) to sue and be sued in the name of the 
                Corporation;
                    (K) to contract with State or local governments, or 
                other entities, to carry out such maintenance of 
                traffic activities during construction of regional 
                transportation facilities in the metropolitan 
                Washington region as are considered to be necessary by 
                the Corporation to properly manage traffic and minimize 
                congestion, such as--
                            (i) public information campaigns;
                            (ii) improvements designed to encourage 
                        appropriate use of alternative routes;
                            (iii) use of high occupancy vehicles and 
                        transit services; and
                            (iv) deployment and operation of 
                        intelligent transportation system technologies;
                    (L) to carry out any activity appropriate to the 
                exercise of the powers or performance of the duties of 
                the Corporation under this Act and under any interstate 
                compact or agreement relating to the Corporation 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 metropolitan Washington 
                region under section 134 of title 23, United States 
                Code, and section 5303 of title 49, United States Code; 
                and
                    (M) to work with the metropolitan Washington region 
                jurisdictions to improve coordination of transportation 
                planning and land use planning.
    (b) Reports.--The Secretary of Transportation shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate--
            (1) not later than 1 year after the date of enactment of 
        this Act, an interim report on the progress of the Board in 
        developing cooperative transportation plans and regional 
        funding mechanisms to meet transportation needs in the 
        metropolitan Washington region; and
            (2) not later than 3 years after the date of enactment of 
        this Act, a final report on the results of the actions of the 
        Board in developing cooperative transportation plans and 
        regional funding mechanisms to meet transportation needs in the 
        metropolitan Washington region.

SEC. 7. MAINTENANCE OF FUNDING AND EFFORT.

    The funding provided under any regional transportation program 
developed under this Act shall supplement (and not supplant) other 
Federal, State, and local transportation funding for the metropolitan 
Washington region jurisdictions. In using funds provided under this 
Act, a metropolitan Washington region jurisdiction shall maintain the 
expenditures of the jurisdiction for transportation in the metropolitan 
Washington region, at a level that is not less than the level of the 
expenditures maintained by the jurisdiction for the fiscal year 
preceding the fiscal year for which the funds are received.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the 
Secretary of Transportation out of the Highway Trust Fund (other than 
the Mass Transit Account)--
            (1) for transportation projects of regional significance to 
        be selected by the Board $100,000,000 for each of fiscal years 
        2004 through 2006; and
            (2) for non-motorized recreational trails projects to be 
        selected by the Board $5,000,000 for each of fiscal years 2004 
        through 2006.
    (b) Administrative Expenses and Outreach.--Of the funds made 
available under this section, the Board may set aside--
            (1) not to exceed $100,000 per fiscal year for salaries and 
        administrative expenses of experts in financing and developing 
        interstate compacts or agreements; and
            (2) not to exceed $200,000 per fiscal year to support a 
        collaborative planning process, to disseminate information to 
        the public, and to pay the salaries and administrative expenses 
        of public outreach staff.
    (c) Contract Authority.--Funds authorized to carry out this section 
shall be available for obligation in the same manner as if the funds 
were apportioned under chapter 1 of title 23, United States Code; 
except that the Federal share of the cost of a project under subsection 
(a) shall be 75 percent.
                                 <all>