[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3496 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3496

 To amend the National Capital Transportation Act of 1969 to authorize 
  additional Federal contributions for maintaining and improving the 
 transit system of the Washington Metropolitan Area Transit Authority, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2005

   Mr. Tom Davis of Virginia (for himself, Mr. Wolf, Mr. Hoyer, Ms. 
   Norton, Mr. Moran of Virginia, Mr. Wynn, Mr. Van Hollen, and Mr. 
   Cardin) introduced the following bill; which was referred to the 
                     Committee on Government Reform

_______________________________________________________________________

                                 A BILL


 
 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.

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

SECTION 1. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``National Capital 
Transportation Amendments Act of 2005''.
    (b) Findings.--Congress finds as follows:
            (1) Metro, the public transit system of the Washington 
        metropolitan area, is essential for the continued and effective 
        performance of the functions of the Federal Government, and for 
        the orderly movement of people during major events and times of 
        regional or national emergency.
            (2) On 3 occasions, Congress has authorized appropriations 
        for the construction and capital improvement needs of the 
        Metrorail system.
            (3) Additional funding is required to protect these 
        previous Federal investments and ensure the continued 
        functionality and viability of the original 103-mile Metrorail 
        system.

SEC. 2. FEDERAL CONTRIBUTION FOR CAPITAL PROJECTS FOR WASHINGTON 
              METROPOLITAN AREA TRANSIT SYSTEM.

    The National Capital Transportation Act of 1969 (sec. 9-1111.01 et 
seq., D.C. Official Code) is amended by adding at the end the following 
new section:

  ``authorization of additional federal contribution for capital and 
                    preventive maintenance projects

    ``Sec. 18.  (a) Authorization.--Subject to the succeeding 
provisions of this section, the Secretary of Transportation is 
authorized to make grants to the Transit Authority, in addition to the 
contributions authorized under sections 3, 14, and 17, for the purpose 
of financing in part the capital and preventive maintenance projects 
included in the Capital Improvement Program approved by the Board of 
Directors of the Transit Authority.
    ``(b) Use of Funds.--The Federal grants made pursuant to the 
authorization under this section shall be subject to the following 
limitations and conditions:
            ``(1) The work for which such Federal grants are authorized 
        shall be subject to the provisions of the Compact (consistent 
        with the amendments to the Compact described in subsection 
        (d)).
            ``(2) Each such Federal grant shall be for 50 percent of 
        the net project cost of the project involved, and shall be 
        provided in cash from sources other than Federal funds or 
        revenues from the operation of public mass transportation 
        systems. Consistent with the terms of the amendment to the 
        Compact described in subsection (d)(1), any funds so provided 
        shall be solely from undistributed cash surpluses, replacement 
        or depreciation funds or reserves available in cash, or new 
        capital.
    ``(c) Applicability of Requirements for Mass Transportation Capital 
Projects Receiving Funds Under Federal Transportation Law.--Except as 
specifically provided in this section, the use of any amounts 
appropriated pursuant to the authorization under this section shall be 
subject to the requirements applicable to capital projects for which 
funds are provided under chapter 53 of title 49, United States Code, 
except to the extent that the Secretary of Transportation determines 
that the requirements are inconsistent with the purposes of this 
section.
    ``(d) Amendments to Compact.--No amounts may be provided to the 
Transit Authority pursuant to the authorization under this section 
until the Transit Authority notifies the Secretary of Transportation 
that each of the following amendments to the Compact (and any further 
amendments which may be required to implement such amendments) have 
taken effect:
            ``(1) An amendment requiring all payments made by the local 
        signatory governments for the Transit Authority and for the 
        cost of operating and maintaining the adopted regional system 
        are made from amounts derived from dedicated funding sources. 
        For purposes of this paragraph, a `dedicated funding source' is 
        any source of funding which is earmarked and required under 
        State or local law to be used for payments to the Transit 
        Authority.
            ``(2) An amendment establishing the Office of the Inspector 
        General of the Transit Authority in accordance with section 3 
        of the National Capital Transportation Amendments Act of 2005.
            ``(3) An amendment expanding the Board of Directors of the 
        Transit Authority to include two additional Directors appointed 
        by the Administrator of General Services, one of whom shall be 
        nonvoting.
    ``(e) Amount.--There are authorized to be appropriated to the 
Secretary of Transportation for grants under this section an aggregate 
amount not to exceed $1,500,000,000 to be available in increments over 
10 fiscal years beginning in fiscal year 2007, or until expended.
    ``(f) Availability.--Amounts appropriated pursuant to the 
authorization under this section--
            ``(1) shall remain available until expended; and
            ``(2) shall be in addition to, and not in lieu of, amounts 
        available to the Transit Authority under chapter 53 of title 
        49, United States Code, or any other provision of law.''.

SEC. 3. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY INSPECTOR 
              GENERAL.

    (a) Establishment of Office.--
            (1) In general.--The Washington Metropolitan Area Transit 
        Authority (hereafter referred to as the ``Transit Authority'') 
        shall establish in the Transit Authority the Office of the 
        Inspector General (hereafter in this section referred to as the 
        ``Office''), headed by the Inspector General of the Transit 
        Authority (hereafter in this section referred to as the 
        ``Inspector General'').
            (2) Definition.--In paragraph (1), the ``Washington 
        Metropolitan Area Transit Authority'' means the Authority 
        established under Article III of the Washington Metropolitan 
        Area Transit Authority Compact (Public Law 89-774).
    (b) Inspector General.--
            (1) Appointment.--The Inspector General shall be appointed 
        by the vote of a majority of the Board of Directors of the 
        Transit Authority, and shall be appointed without regard to 
        political affiliation and solely on the basis of integrity and 
        demonstrated ability in accounting, auditing, financial 
        analysis, law, management analysis, public administration, or 
        investigations, as well as familiarity or experience with the 
        operation of transit systems.
            (2) Term of service.--The Inspector General shall serve for 
        a term of 5 years, and an individual serving as Inspector 
        General may be reappointed for not more than 2 additional 
        terms.
            (3) Removal.--The Inspector General may be removed from 
        office prior to the expiration of his term only by the 
        unanimous vote of all of the members of the Board of Directors 
        of the Transit Authority, and the Board shall communicate the 
        reasons for any such removal to the Governor of Maryland, the 
        Governor of Virginia, the Mayor of the District of Columbia, 
        the chair of the Committee on Government Reform of the House of 
        Representatives, and the chair of the Committee on Homeland 
        Security and Governmental Affairs of the Senate.
    (c) Duties.--
            (1) Applicability of duties of inspector general of 
        executive branch establishment.--The Inspector General shall 
        carry out the same duties and responsibilities with respect to 
        the Transit Authority as an Inspector General of an 
        establishment carries out with respect to an establishment 
        under section 4 of the Inspector General Act of 1978 (5 U.S.C. 
        App. 4), under the same terms and conditions which apply under 
        such section.
            (2) Conducting annual audit of financial statements.--The 
        Inspector General shall be responsible for conducting the 
        annual audit of the financial accounts of the Transit 
        Authority, either directly or by contract with an independent 
        external auditor selected by the Inspector General.
            (3) Reports.--
                    (A) Semiannual reports to transit authority.--The 
                Inspector General shall prepare and submit semiannual 
                reports summarizing the activities of the Office in the 
                same manner, and in accordance with the same deadlines, 
                terms, and conditions, as an Inspector General of an 
                establishment under section 5 of the Inspector General 
                Act of 1978 (5 U.S.C. App. 5). For purposes of applying 
                section 5 of such Act to the Inspector General, the 
                Board of Directors of the Transit Authority shall be 
                considered the head of the establishment, except that 
                the Inspector General shall transmit to the General 
                Manager of the Transit Authority a copy of any report 
                submitted to the Board pursuant to this paragraph.
                    (B) Annual reports to local signatory governments 
                and congress.--Not later than March 31 of each year, 
                the Inspector General shall prepare and submit a report 
                summarizing the activities of the Office during the 
                previous year, and shall submit such reports to the 
                Governor of Maryland, the Governor of Virginia, the 
                Mayor of the District of Columbia, the chair of the 
                Committee on Government Reform of the House of 
                Representatives, and the chair of the Committee on 
                Homeland Security and Governmental Affairs of the 
                Senate.
            (4) Investigations of complaints of employees and 
        members.--
                    (A) Authority.--The Inspector General may receive 
                and investigate complaints or information from an 
                employee or member of the Transit Authority concerning 
                the possible existence of an activity constituting a 
                violation of law, rules, or regulations, or 
                mismanagement, gross waste of funds, abuse of 
                authority, or a substantial and specific danger to the 
                public health and safety.
                    (B) Nondisclosure.--The Inspector General shall 
                not, after receipt of a complaint or information from 
                an employee or member, disclose the identity of the 
                employee or member without the consent of the employee 
                or member, unless the Inspector General determines such 
                disclosure is unavoidable during the course of the 
                investigation.
                    (C) Prohibiting retaliation.--An employee or member 
                of the Transit Authority who has authority to take, 
                direct others to take, recommend, or approve any 
                personnel action, shall not, with respect to such 
                authority, take or threaten to take any action against 
                any employee or member as a reprisal for making a 
                complaint or disclosing information to the Inspector 
                General, unless the complaint was made or the 
                information disclosed with the knowledge that it was 
                false or with willful disregard for its truth or 
                falsity.
            (5) Independence in carrying out duties.--Neither the Board 
        of Directors of the Transit Authority, the General Manager of 
        the Transit Authority, nor any other member or employee of the 
        Transit Authority may prevent or prohibit the Inspector General 
        from carrying out any of the duties or responsibilities 
        assigned to the Inspector General under this section.
    (d) Powers.--
            (1) In general.--The Inspector General may exercise the 
        same authorities with respect to the Transit Authority as an 
        Inspector General of an establishment may exercise with respect 
        to an establishment under section 6(a) of the Inspector General 
        Act of 1978 (5 U.S.C. App. 6(a)), other than paragraphs (7), 
        (8), and (9) of such section.
            (2) Staff.--
                    (A) Assistant inspector generals and other staff.--
                The Inspector General shall appoint and fix the pay 
                of--
                            (i) an Assistant Inspector General for 
                        Audits, who shall be responsible for 
                        coordinating the activities of the Inspector 
                        General relating to audits;
                            (ii) an Assistant Inspector General for 
                        Investigations, who shall be responsible for 
                        coordinating the activities of the Inspector 
                        General relating to investigations; and
                            (iii) such other personnel as the Inspector 
                        General considers appropriate.
                    (B) Independence in appointing staff.--No 
                individual may carry out any of the duties or 
                responsibilities of the Office unless the individual is 
                appointed by the Inspector General, or provides 
                services procured by the Inspector General, pursuant to 
                this paragraph. Nothing in this subparagraph may be 
                construed to prohibit the Inspector General from 
                entering into a contract or other arrangement for the 
                provision of services under this section.
                    (C) Applicability of transit system personnel 
                rules.--None of the regulations governing the 
                appointment and pay of employees of the Transit System 
                shall apply with respect to the appointment and 
                compensation of the personnel of the Office, except to 
                the extent agreed to by the Inspector General. Nothing 
                in the previous sentence may be construed to affect 
                subparagraphs (A) through (B).
            (3) Equipment and supplies.--The General Manager of the 
        Transit Authority shall provide the Office with appropriate and 
        adequate office space, together with such equipment, supplies, 
        and communications facilities and services as may be necessary 
        for the operation of the Office, and shall provide necessary 
        maintenance services for such office space and the equipment 
        and facilities located therein.
    (e) Transfer of Functions.--To the extent that any office or entity 
in the Transit Authority prior to the appointment of the first 
Inspector General under this section carried out any of the duties and 
responsibilities assigned to the Inspector General under this section, 
the functions of such office or entity shall be transferred to the 
Office upon the appointment of the first Inspector General under this 
section.

SEC. 4. RESTRICTIONS ON DISPOSITION OF CERTAIN PROPERTIES.

    (a) Prohibition on Disposition of Certain Property.--
            (1) In general.--The Washington Metropolitan Area Transit 
        Authority (hereafter in this section referred to as the 
        ``Transit Authority'') may not sell, lease, or otherwise convey 
        or dispose of the property described in paragraph (2).
            (2) Property described.--The property described in this 
        subsection consists of approximately 3.75 acres located in 
        Fairfax County, Virginia, and is contained in all or part of 
        the following parcels on the Fairfax County tax map:
                    (A) Parcel 48--1((1)), 90 Portion.
                    (B) Parcel 48--1((1)), 91B Portion.
                    (C) Parcel 48--1((6)), 7A.
                    (D) Parcel 48--1((6)), 8B.
                    (E) Parcel 48--1((24)), 38A.
    (b) Conditions for Disposition of Certain Property.--
            (1) In general.--The Transit Authority may not sell, lease, 
        or otherwise convey or dispose of the property described in 
        paragraph (2) unless the Transit Authority meets each of the 
        following conditions:
                    (A) The Transit Authority has met with the Mayor 
                and members of the Council of the City of Takoma Park, 
                Maryland, and community representatives designated by 
                the Mayor to discuss concerns related to the 
                disposition of such property.
                    (B) The Transit Authority has presented a 
                development plan for the property which--
                            (i) facilitates the movement of buses and 
                        other vehicular traffic, pedestrians, and 
                        bicycles to and from the Takoma Metrorail 
                        station, and provides sufficient bus bays so 
                        that the development of the property will not 
                        cause a direct increase in traffic, congestion, 
                        or pollution in neighborhoods surrounding the 
                        station; and
                            (ii) preserves and enhances public green 
                        space on the property.
                    (C) The Transit Authority has submitted a statement 
                to the Committee on Government Reform of the House of 
                Representatives and the Committee on Homeland Security 
                and Governmental Affairs of the Senate certifying that 
                the Transit Authority has met the conditions described 
                in subparagraphs (A) and (B).
            (2) Property described.--The property described in this 
        paragraph consists of Lots 820, 821, 822, 823, 829, 831, 832, 
        833, 839, 840, 841, 845, 846, 847, 848, 849, 850, and 851 in 
        Square 3352 and Lots 811, 812, and 813 in Square 3353 of the 
        District of Columbia Real Property Assessment Database.
    (c) Restrictions on Development of Certain Properties.--
            (1) Restriction.--The Transit Authority may not sell, 
        lease, or otherwise convey any of the real property described 
        in paragraph (2) other than in accordance with a development 
        plan for the property which meets the following requirements:
                    (A) The plan shall require that any portion of the 
                property used for residential purposes shall be used 
                only for owner-occupied, multi-family dwellings.
                    (B) The plan must provide for the use of a portion 
                of the property for commercial purposes.
                    (C) The plan shall be developed in consultation 
                with appropriate representatives of the local 
                governments and communities for the area in which the 
                property is located.
            (2) Property described.--The property described in this 
        paragraph is any real property of the Transit Authority which 
        is located within one mile of the Largo Town Center Metro Rail 
        Station.
    (d) No Effect on Other Authorities.--Except as specifically 
provided, nothing in this section may be construed to affect any law, 
rule, or regulation governing the development or disposition of real 
property of the Transit Authority.

SEC. 5. STUDY AND REPORT BY COMPTROLLER GENERAL.

    (a) Study.--The Comptroller General shall conduct a study on the 
use of the funds provided under section 18 of the National Capital 
Transportation Act of 1969 (as added by this Act).
    (b) Report.--Not later than 3 years after the date of the enactment 
of this Act, the Comptroller General shall submit a report to the 
Committee on Government Reform of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the Senate 
on the study conducted under subsection (a).
                                 <all>