[Congressional Record Volume 142, Number 133 (Tuesday, September 24, 1996)]
[House]
[Pages H10822-H10825]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 GRANTING CONSENT OF CONGRESS TO AMENDMENTS TO WASHINGTON METROPOLITAN 
                    AREA TRANSIT REGULATION COMPACT

  Mr. GEKAS. Mr. Speaker, I move to suspend the rules and pass the 
resolution (H.J. Res. 194) granting the consent of the Congress to 
amendments made by Maryland, Virginia, and the District of Columbia to 
the Washington Metropolitan Area Transit Regulation Compact, as 
amended.
  The Clerk read as follows:

                             H.J. Res. 194

       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled,

     SECTION 1. CONSENT OF CONGRESS TO AMENDMENTS TO COMPACT.

       The Congress consents to the amendments of the State of 
     Maryland (chapter 252, 1995 Acts of the Maryland General 
     Assembly and chapter 489, 1996 Laws of Maryland), the 
     amendments of the Commonwealth of Virginia (chapter 150, 1995 
     Acts of Assembly of Virginia), and the amendments of the 
     District of Columbia (D.C. Law 11-138) of title III of the 
     Washington Metropolitan Area Transit Regulation Compact. Such 
     amendments are substantially as follows:
       (1) Section 3 is amended to read as follows:

              ``Washington Metropolitan Area Transit Zone

       ``3. There is hereby created the Washington Metropolitan 
     Area Transit Zone which shall embrace the District of 
     Columbia, the cities of Alexandria, Falls Church and Fairfax 
     and the counties of Arlington, Fairfax, and Loudoun and 
     political subdivisions of the Commonwealth of Virginia 
     located within

[[Page H10823]]

     those counties, and the counties of Montgomery and Prince 
     George's in the State of Maryland and political subdivisions 
     of the State of Maryland located in said counties.''.
       (2) Subsection (a) of section 5 is amended to read as 
     follows:
       ``(a) The Authority shall be governed by a Board of six 
     Directors consisting of two Directors for each signatory. For 
     Virginia, the Directors shall be appointed by the Northern 
     Virginia Transportation Commission; for the District of 
     Columbia, by the Council of the District of Columbia; and for 
     Maryland, by the Washington Suburban Transit Commission. For 
     Virginia and Maryland, the Directors shall be appointed from 
     among the members of the appointing body, except as otherwise 
     provided herein, and shall serve for a term coincident with 
     their term on the appointing body. A Director may be removed 
     or suspended from office only as provided by the law of the 
     signatory from which he was appointed. The appointing 
     authorities shall also appoint an alternate for each 
     Director, who may act only in the absence of the Director for 
     whom he has been appointed an alternate, except that, in the 
     case of the District of Columbia where only one Director and 
     his alternate are present, such alternate may act on behalf 
     of the absent Director. Each alternate shall serve at the 
     pleasure of the appointing authority. In the event of a 
     vacancy in the Office of Director or alternate, it shall be 
     filled in the same manner as an original appointment.''.
       (3) Subsection (a) of section 8 is amended to read as 
     follows:
       ``(a) Four Directors or alternates consisting of at least 
     one Director or alternate appointed from each Signatory, 
     shall constitute a quorum and no action by the Board shall be 
     effective unless a majority of the Board present and voting, 
     which majority shall include at least one Director or 
     alternate from each Signatory, concur therein; provided, 
     however, that a plan of financing may be adopted or a mass 
     transit plan adopted, altered, revised or amended by the 
     unanimous vote of the Directors representing any two 
     Signatories.''.
       (4) Subsection (b) of section 14 is amended to read as 
     follows:
       ``(b) It shall be the duty and responsibility of each 
     member of the Board to serve as liaison between the Board and 
     the body which appointed him to the Board. To provide a 
     framework for regional participation in the planning process, 
     the Board shall create technical committees concerned with 
     planning and collection and analyses of data relative to 
     decision-making in the transportation planning process and 
     the Mayor and Council of the District of Columbia, the 
     component governments of the Northern Virginia Transportation 
     District and the Washington Suburban Transit District shall 
     appoint representatives to such technical committees and 
     otherwise cooperate with the Board in the formulation of a 
     mass transit plan, or in revisions, alterations or amendments 
     thereof.''.
       (5)(A) Paragraph (1) of subsection (a) of section 15 is 
     amended to read as follows:
       ``(1) The Mayor and Council of the District of Columbia, 
     the Northern Virginia Transportation Commission and the 
     Washington Suburban Transit Commission;''.
       (B) Paragraph (3) of subsection (a) of section 15 is 
     amended to read as follows:
       ``(3) the transportation agencies of the signatories;''.
       (C) The last paragraph of section 15 is amended to read as 
     follows:
       ``(b) A copy of the proposed mass transit plan, amendment 
     or revision, shall be kept at the office of the Board and 
     shall be available for public inspection. Information with 
     respect thereto shall be released to the public. After thirty 
     days' notice published once a week for two successive weeks 
     in one or more newspapers of general circulation within the 
     zone, a public hearing shall be held with respect to the 
     proposed plan, alteration, revision or amendment. The thirty 
     days' notice shall begin to run on the first day the notice 
     appears in any such newspaper. The Board shall consider the 
     evidence submitted and statements and comments made at such 
     meeting and may make any changes in the proposed plan, 
     amendment or revision which it deems appropriate and such 
     changes may be made without further hearing.''.
       (6) Subsection (a) of section 70 is amended to read as 
     follows:
       ``(a) As soon as practical after the closing of the fiscal 
     year, an audit shall be made of the financial accounts of the 
     Authority. The audit shall be made by qualified certified 
     public accountants selected by the Board, who shall have no 
     personal interest direct or indirect in the financial affairs 
     of the Authority or any of its officers or employees. The 
     report of audit shall be prepared in accordance with 
     generally accepted auditing principles and shall be filed 
     with the Chairman and other officers as the Board shall 
     direct. Copies of the report shall be distributed to each 
     Director, to the Congress, to the Mayor and Council of the 
     District of Columbia, to the Governors of Virginia and 
     Maryland, to the Washington Suburban Transit Commission, to 
     the Northern Virginia Transportation Commission and to the 
     governing bodies of the political subdivisions located within 
     the Zone which are parties to commitments for participation 
     in the financing of the Authority and shall be made available 
     for public distribution.''.
       (7) Section 73 is amended to read as follows:

                      ``Contracting and Purchasing

       ``73. (a)(1) Except as provided in subsections (b), (c), 
     and (f) of this section, and except in the case of 
     procurement procedures otherwise expressly authorized by 
     statute, the Authority in conducting a procurement of 
     property, services, or construction shall:
       ``(A) obtain full and open competition through the use of 
     competitive procedures in accordance with the requirements of 
     this Section; and
       ``(B) use the competitive procedure or combination of 
     competitive procedures that is best suited under the 
     circumstances of the procurement.
       ``(2) In determining the competitive procedure appropriate 
     under the circumstances, the Authority shall:
       ``(A) solicit sealed bids if:
       ``(i) time permits the solicitation, submission, and 
     evaluation of sealed bids;
       ``(ii) the award will be made on the basis of price and 
     other price-related factors;
       ``(iii) it is not necessary to conduct discussions with the 
     responding sources about their bids; and
       ``(iv) there is a reasonable expectation of receiving more 
     than one sealed bid; or
       ``(B) request competitive proposals if sealed bids are not 
     appropriate under clause (A) of this paragraph.
       ``(b) The Authority may provide for the procurement of 
     property, services, or construction covered by this Section 
     using competitive procedures but excluding a particular 
     source in order to establish or maintain an alternative 
     source or sources of supply for that property, service, or 
     construction if the Authority determines that excluding the 
     source would increase or maintain competition and would 
     likely result in reduced overall costs for procurement of 
     property, services, or construction.
       ``(c) The Authority may use procedures other than 
     competitive procedures if:
       ``(1) the property, services, or construction needed by the 
     Authority is available from only one responsible source and 
     no other type of property, services, or construction will 
     satisfy the needs of the Authority; or
       ``(2) the Authority's need for the property, services, or 
     construction is of such an unusual and compelling urgency 
     that the Authority would be seriously injured unless the 
     Authority limits the number of sources from which it solicits 
     bids or proposals; or
       ``(3) the Authority determines that it is necessary in the 
     public interest to use procedures other than competitive 
     procedures in the particular procurement; or
       ``(4) the property or services can be obtained through 
     federal or other governmental sources at reasonable prices.
       ``(d) For the purpose of applying subsection (c)(1) of this 
     section:
       ``(1) in the case of a contract for property, services, or 
     construction to be awarded on the basis of acceptance of an 
     unsolicited proposal, the property, services, or construction 
     shall be deemed to be available from only one responsible 
     source if the source has submitted an unsolicited proposal 
     that demonstrates a concept:
       ``(A) that is unique and innovative or, in the case of a 
     service, for which the source demonstrates a unique 
     capability to provide the service; and
       ``(B) the substance of which is not otherwise available to 
     the Authority and does not resemble the substance of a 
     pending competitive procurement.
       ``(2) in the case of a follow-on contract for the continued 
     development or production of a major system or highly 
     specialized equipment or the continued provision of highly 
     specialized services, the property, services, or construction 
     may be deemed to be available from only the original source 
     and may be procured through procedures other than competitive 
     procedures if it is likely that award to a source other than 
     the original source would result in:
       ``(A) substantial duplication of cost to the Authority that 
     is not expected to be recovered through competition; or
       ``(B) unacceptable delays in fulfilling the Authority's 
     needs.
       ``(e) If the Authority uses procedures other than 
     competitive procedures to procure property, services, or 
     construction under subsection (c)(2) of this section, the 
     Authority shall request offers from as many potential sources 
     as is practicable under the circumstances.
       ``(f)(1) To promote efficiency and economy in contracting, 
     the Authority may use simplified acquisition procedures for 
     purchases of property, services and construction.
       ``(2) For the purposes of this subsection, simplified 
     acquisition procedures may be used for purchases for an 
     amount that does not exceed the simplified acquisition 
     threshold adopted by the Federal Government.
       ``(3) A proposed purchase or contract for an amount above 
     the simplified acquisition threshold may not be divided into 
     several purchases or contracts for lesser amounts in order to 
     use the procedures under paragraph (1) of this subsection.
       ``(4) In using simplified acquisition procedures, the 
     Authority shall promote competition to the maximum extent 
     practicable.
       ``(g) The Board shall adopt policies and procedures to 
     implement this Section. The policies and procedures shall 
     provide for publication of notice of procurements and other 
     actions designed to secure competition where competitive 
     procedures are used.
       ``(h) The Authority in its discretion may reject any and 
     all bids or proposals received in response to a 
     solicitation.''.
       (8) Section 81 is amended to read as follows:

[[Page H10824]]

                        ``Jurisdiction of Courts

       ``81. The United States District Courts shall have original 
     jurisdiction, concurrent with the Courts of Maryland, 
     Virginia and the District of Columbia, of all actions brought 
     by or against the Authority and to enforce subpoenas issued 
     under this Title. Any such action initiated in a State or 
     District of Columbia Court shall be removable to the 
     appropriate United States District Court in the manner 
     provided by Act of June 25, 1948, as amended (28 U.S.C. 
     1446).''.
       (9) Section 84 is amended to read as follows:

                      ``Amendments and Supplements

       ``84. Amendments and supplements to this Title to implement 
     the purposes thereof may be adopted by legislative action of 
     any of the signatory parties concurred in by all of the 
     others. When one signatory adopts an amendment or supplement 
     to an existing section of the Compact. that amendment shall 
     not be immediately effective, and the previously enacted 
     provision(s) shall remain in effect in each jurisdiction 
     until the amendment or supplement is approved by the other 
     signatories and is consented to by Congress.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania [Mr. Gekas] and the gentleman from Virginia [Mr. Scott] 
each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania [Mr. Gekas].

                              {time}  1515


                             general leave

  Mr. GEKAS. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
on the resolution under consideration.
  The SPEAKER pro tempore (Mr. Gunderson). Is there objection to the 
request of the gentleman from Pennsylvania?
  There was no objection.
  Mr. GEKAS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of House Joint Resolution 194, as 
amended, and urge its adoption. The gentleman from Virginia [Mr. Davis] 
has very expertly presented to the committee a full review of the 
existing structure about which we speak here today on the Transit 
Authority, and also about the problems that it has met over the last 
several years. His testimony went a long way in projecting us to this 
moment on the floor with respect to this compact.
  I repeat that the Constitution requires that when two or more States 
enter into any kind of an agreement which flowers into a compact, as it 
were, then that compact, that contract, must be approved by the 
Congress. Thus, we have the States of Virginia and of Maryland 
cooperating with the District of Columbia in ferreting out a series of 
problems and advantages that can be gained or met by the existence of 
this authority. The gentleman from Virginia [Mr. Davis] will elucidate 
the Record on the need for this particular compact.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SCOTT. Mr. Speaker, I yield myself such time as I may consume.
  I rise in support of the joint resolution, Mr. Speaker.
  Mr. Speaker, House Joint Resolution 194 would grant the consent of 
Congress to the amendments to the Washington Metropolitan Area Transit 
Regulation Compact. Mr. Speaker, as has already been indicated, this 
consent is needed because the Constitution requires congressional 
consent for compacts between States, and obviously this involves 
Maryland, Virginia, as well as the District of Columbia.
  The compact has been amended five times since its creation in 1967. 
The amendments before us today primarily conform the procurement 
practices to recently enacted Federal procurement reforms. The 
amendments have been approved by the State of Maryland, the 
Commonwealth of Virginia, and the District of Columbia. House Joint 
Resolution 194 was introduced by my colleague, the gentleman from 
Virginia [Mr. Davis], and was cosponsored by all of the Members 
representing the Washington Metropolitan Area.
  Mr. Speaker, House Joint Resolution 194 was reported by the 
Subcommittee on Commercial and Administrative Law by a voice vote, and 
I know of no opposition to this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GEKAS. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Virginia [Mr. Davis].
  Mr. DAVIS. Mr. Speaker, I thank my friend for yielding time to me.
  Mr. Speaker, the resolution before us today, House Joint Resolution 
194, would grant the consent of Congress to amendments made by the 
Commonwealth of Virginia, the State of Maryland, and the District of 
Columbia to the Washington Metropolitan Area Transit Regulation 
Compact. The Compact Amendments that are being proposed today govern 
how the Washington Metropolitan Area Transit Authority [WMATA], better 
known as Metro, conducts its daily operations as a transit provider.
  The Washington Metropolitan Area Transit Authority was established in 
1967 by Congress when it consented to an Interstate Compact created by 
Virginia, Maryland, and the District of Columbia. The authority was 
established to plan, finance, construct, and operate a comprehensive 
public transit system for the Metropolitan Washington area. Today, 
Metro operates 1,439 buses and 764 rail cars serving the entire 
National Capital region. The Metrorail system, sometimes called 
America's Subway has 89 miles and 74 stations currently in service. 
Over the next several years, Metro will construct another 13.5 miles of 
the rail system, with the planned 103-mile rail system being completed 
in 2001.
  The WMATA Compact has been amended five times since its inception. 
The amendments that are before the House today are a sixth set of 
amendments that will enable the transit agency to perform its functions 
more efficiently and cost effectively.


                       description of amendments

  The proposed amendments primarily, and most importantly, modify the 
Authority's procurement practices to conform with recently enacted 
Federal procurement reforms. Currently, the Authority must use a sealed 
bid process in purchasing capital items. As you can imagine, the 
Authority conducts extensive procurements in constructing the rail 
system. The proposed amendments will enable Metro to engage in 
competitive negotiations on capital contracts, as an alternative to the 
sealed bid process. This amendment is particularly important as a means 
for the Authority to reduce its costs.
  The transit agency will be better able to define selection criteria 
and eliminate costly items from bid proposals. If a prospective 
contractor recommends a change in a bid specification, under the 
proposed amendment the Authority will be able to take advantage of this 
cost savings.
  The proposed amendment will also allow the Authority to raise its 
simplified purchasing ceiling from $10,000 to the Federal level. The 
Federal Transit Administration, part of the U.S. Department of 
Transportation, has encouraged States and localities to raise the 
dollar threshold for small purchases to $100,000 to come into 
conformity with Federal procedures. The Authority and the jurisdictions 
it serves strongly endorse this proposed amendment, allowing the 
Authority to conduct its business in an efficient, businesslike manner, 
rather than being required to publish voluminous bid specifications, 
even on small purchases. Under this revision, WMATA will be able to 
publish a simplified bid specification and accept price quotations, 
thus streamlining its procurement procedures. Given inflation rates 
over the past several years, this amendment provides a much better 
definition of ``small purchase'' for a Government agency.
  Finally, there are several administrative matters addressed in the 
proposed Compact Amendments that are certainly of a housekeeping 
nature. These amendments are largely codifications and clarifications 
of current practices. They relate to, for example, the primacy of D.C. 
Superior Court in cases involving WMATA, and the definition of a quorum 
at WMATA Board meetings.
  In closing, I would like to thank the Judiciary Committee and its 
Subcommittee on Commercial and Administrative Law for their expeditious 
handling of this resolution. These amendments are of the utmost 
importance to the Washington Metropolitan Area Transit Authority.
  I appreciate the Judiciary Committee's willingness to move this 
matter along so that we can assist the Authority in its constant effort 
to reduce costs. As Metro reduces its cost, it can

[[Page H10825]]

use its limited public resources to provide more and better service to 
the citizens of the national capital region and to the millions of 
visitors to the Washington area each year. I hope my colleagues will 
join me in supporting House Joint Resolution 194.
  Mr. Speaker, in closing, I would like to thank the Committee on the 
Judiciary and its Subcommittee on Commercial and Administrative Law for 
their expeditious handling of this resolution. These amendments are of 
the utmost importance to the Washington Metropolitan Area Transit 
Authority.
  To the gentleman from Pennsylvania [Mr. Gekas] and to the gentleman 
from Virginia [Mr. Scott], who has been a long-time supporter of this 
system in the State legislature, I appreciate their willingness to move 
this matter along so we can assist the authority in its constant 
efforts to reduce costs. As Metro reduces its costs, it can use its 
limited public resources to provide more and better services to the 
citizens of the Nation's capital and to the region and to the millions 
of visitors to the Washington area each year. I ask for its support.
  Mrs. MORELLA. Mr. Speaker, I rise in support of House Joint 
Resolution 194 which will help the Washington Metropolitan Area Transit 
Authority [WMATA] conduct its daily business in a more efficient and 
cost-effective manner. The proposed amendments already have been 
approved by the State of Maryland, the Commonwealth of Virginia, and 
the District of Columbia. The consent of Congress is required in order 
for the amendments to become effective.
  WMATA, more commonly known as Metro, was created in 1967 when 
Maryland, Virginia, and the District entered into an interstate compact 
which was approved by Congress. This is the fifth action to amend the 
WMATA compact since its inception.
  The amendments contain several housekeeping measures which are 
largely clarifications of current practices mainly of interest to the 
Authority. The most important amendment would modify the Authority's 
procurement practices to comply with recently enacted Federal 
procurement reforms. The Authority has been using a sealed bid process 
to purchase capital items. Metro's procurement process has been called 
an anachronism by the Federal Transit Administration [FTA] and it's 
time for a change. House Joint Resolution 194 will allow Metro to 
engage in competitive negotiations on capital contracts, as an 
alternative to the sealed bid process. Most importantly, this 
alternative will allow WMATA to reduce its costs.
  In addition, the proposed amendment will allow WMATA to raise the 
ceiling on simplified purchasing from $10,000 to $100,000 which 
conforms with Federal procedures. This will allow Metro to cut out 
several costly steps in the procurement process for small purchases.
  I want to praise and thank Congressman Tom Davis for his efforts to 
bring these important amendments to the House floor in a timely manner. 
It is important to help Metro reduce its costs in order to provide more 
and even better service to commuters in the Washington metropolitan 
region and to the thousands of visitors to the Nation's Capitol each 
year. Americans visiting Washington surely will be impressed by the 
safe, clean, reliable system they will use to reach the Smithsonian 
Museums, the White House, and Capitol Hill.

         Amendments to The WMATA Interstate Compact Fact Sheet


                               background

       The Washington Metropolitan Area Transit Authority was 
     created in 1967 by the State of Maryland, the Commonwealth of 
     Virginia, the District of Columbia entering into an 
     Interstate Compact consented to by the U.S. Congress. The 
     Authority was created to plan, finance, construct and operate 
     a comprehensive public transit system for the metropolitan 
     Washington area. The Compact has been amended four times 
     since its inception. The Authority is proposing a fifth set 
     of amendments to the Compact in order to allow the transit 
     agency to perform its functions more efficiently and cost 
     effectively.
       The proposed amendments have been enacted by the three 
     signatories (Maryland, Virginia and the District of Columbia) 
     and require the consent of the Congress in order for the 
     amendments to become effective.


                           procurement reform

       The most important proposed amendment modifies the 
     Authority's procurement practices to conform with recently 
     enacted Federal procurement reforms. Currently, the Authority 
     must use a sealed bid process on capital items. The proposed 
     amendment will enable the Authority to engage in competitive 
     negotiations on capital contracts, as an alternative to the 
     sealed bid process, resulting in a far more flexible and 
     productive contracting system. This amendment will allow the 
     Authority to essentially do more with less, by reducing 
     paperwork and the time involved in the procurement process.
       During the Federal Transit Administration's (FTA) review of 
     the WMATA procurement process, the Authority's procurement 
     approach was cited as an ``anachronism''. The FTA's 
     regulations have allowed competitive procurement since 
     enactment of the Federal Competition in Contracting Act in 
     1984.
       The proposed changes will result in the Authority having 
     fewer bid rejections and cancellations of solicitations. 
     WMATA will be better able to define selection criteria and 
     eliminate costly items from bids. If a prospective contractor 
     recommends a way to change the specification to reduce the 
     costs of that procurement, the Authority will be able to take 
     advantage of this cost savings.
       The proposed amendment will also allow the Authority to 
     raise the ceiling on simplified purchasing from $10,000 to 
     the federal level. The FTA has published a circular 
     encouraging States and localities to raise the dollar 
     threshold for small purchases to $100,000 to come into 
     conformity with federal procedures. This amendment will 
     enable the Authority to eliminate several costly steps in the 
     procurement process for small purchases, such as printing a 
     voluminous invitation for bid and waiting 30 days for bids. 
     Instead, WMATA will be able to publish a simplified bid 
     specification and accept written or oral price quotations. 
     Given inflation over the past two decades, the proposed 
     simplified purchasing procedures provide a more accurate 
     definition of small purchase.


                       administrative procedures

       The Amendments contain several ``housekeeping'' matters of 
     interest to the Authority. These amendments are largely 
     codifications and clarifications of current practices 
     including:
       Designation of Loudoun County as being within the Transit 
     Zone. This codifies an existing agreement between WMATA and 
     Loudoun County to include the county in the WMATA transit 
     service area.
       Deletes references to the Commissioners of the District of 
     Columbia.
       Clarifies that where a quorum of the WMATA Board is 
     present, a majority of the quorum may take action, if each 
     signatory is represented among the prevailing vote.
       Codifying the current understanding that the Superior Court 
     of the District of Columbia has original jurisdiction 
     concerning WMATA cases.
  Mr. SCOTT. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. GEKAS. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Gunderson). The question is on the 
motion offered by the gentleman from Pennsylvania [Mr. Gekas] that the 
House suspend the rules and pass the joint resolution, House Joint 
Resolution 194, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended, and the joint resolution, as 
amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________