1.
(a)This Act may be cited as the National Capital Transportation Amendments Act of 2005
.
(b)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.
2.Federal Contribution For Capital Projects for Washington Metropolitan Area Transit SystemThe 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:
18.Authorization of Additional Federal Contribution For Capital and Preventive Maintenance Projects
(a)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)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 LawExcept 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)No amounts may be provided to the Transit Authority pursuant to the authorization under this section until the Transit Authority notifies the Secretary of Transportation that each of the following amendments to the Compact (and any further amendments which may be required to implement such amendments) have taken effect:
(1)An amendment requiring all payments made by the local signatory governments for the Transit Authority and for the cost of operating and maintaining the adopted regional system are made from amounts derived from dedicated funding sources. For purposes of this paragraph, a dedicated funding source
is any source of funding which is earmarked and required under State or local law to be used for payments to the Transit Authority.
(2)An amendment establishing the Office of the Inspector General of the Transit Authority in accordance with section 3 of the National Capital Transportation Amendments Act of 2005.
(3)An amendment expanding the Board of Directors of the Transit Authority to include 4 additional Directors appointed by the Administrator of General Services, of whom 2 shall be nonvoting and 2 shall be voting, and requiring one of the voting members so appointed to be a regular passenger and customer of the bus or rail service of the Transit Authority.
(e)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)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. .
3.Washington Metropolitan Area Transit Authority Inspector General
(a)
(1)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)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)
(1)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)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)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)
(1)Applicability of duties of inspector general of executive branch establishmentThe 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 statementsThe 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)
(A)Semiannual reports to Transit AuthorityThe 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 CongressNot 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)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)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)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 dutiesNeither 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)
(1)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)
(A)Assistant Inspector Generals and other staffThe 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 staffNo 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 rulesNone 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)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)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.
4.Restrictions on Disposition of Certain Properties
(a)Prohibition on Disposition of Certain Property
(1)The Washington Metropolitan Area Transit Authority (hereafter in this section referred to as the Transit Authority
) may not sell, lease, or otherwise convey or dispose of the property described in paragraph (2) unless the Transit Authority meets each of the following conditions:
(A)The Transit Authority has held a separate, additional public hearing after October 20, 2005, regarding the disposition of the property at which members of the general public had the opportunity to comment.
(B)The Transit Authority has submitted a report to the Committee on Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on the costs and benefits associated with the disposition of the property, the impact of the disposition on parking facilities available at the Vienna Metrorail station, and the effect of the disposition on the capacity of the Vienna Metrorail station and the entire Metrorail system.
(2)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)The Transit Authority may not sell, lease, or otherwise convey or dispose of the property described in paragraph (2) unless the Transit Authority meets each of the following conditions:
(A)The Transit Authority has met with the Mayor and members of the Council of the City of Takoma Park, Maryland, and community representatives to discuss each of the following issues related to the disposition of such property:
(i)The movement of buses and other vehicles, pedestrians, and bicycles to and from the Takoma Park Metrorail station.
(ii)The provision of bus bays, based on recommendations of the Transit Authority and the Maryland Transit Administration’s Ride-On program.
(iii)The enhancement of public green space on the property, based on the Central District Plan for Takoma DC.
(B)The Transit Authority will work with residents and elected officials of Takoma Park, Maryland, and the Takoma area of the District of Columbia throughout the planning phase of the development of such property.
(C)The Transit Authority has submitted a statement to the Committee on Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate certifying that the Transit Authority has met the conditions described in subparagraphs (A) and (B).
(2)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)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)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 AuthoritiesExcept 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.
5.Study and Report by Comptroller General
(a)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)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).
April 26, 2006
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed