[Congressional Record Volume 153, Number 84 (Tuesday, May 22, 2007)]
[Senate]
[Pages S6473-S6476]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CARDIN (for himself, Ms. Mikulski, Mr. Warner, and Mr. 
        Webb):
  S. 1446. 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; to the Committee on Homeland 
Security and Governmental Affairs.
  Mr. CARDIN. Mr. President, today I am introducing legislation to help 
sustain the Federal Government's longstanding commitment to the 
Washington Metropolitan area's Metrorail system. The National Capital 
Transportation Amendments Act of 2007 authorizes a total of 
$1,500,000,000 in matching Federal funds over the next 10 years to 
maintain and improve America's public transit system. It is a companion 
to a measure introduced in the House by Representative Tom Davis, with 
strong regional and bipartisan support, and is nearly identical to the 
legislation which was approved by the House in the 109th Congress.
  In March 2006, the Washington Metropolitan Area Transit Authority 
celebrated the 30th anniversary of passenger service on the Metrorail 
system. Since service first began in 1976, Metrorail has grown from a 
4.6-mile, five-station, 22,000-passenger system into the Nation's 
second busiest rapid transit operation. Today the Metrorail system 
consists of 106.3 miles, 86 stations and carries more than 100 million 
passengers a year. The Metrorail system provides a unified and 
coordinated transportation system for the region, enhances mobility for 
the millions of residents, visitors and the Federal workforce in the 
region, promotes orderly growth and development of the region, enhances 
our environment, and preserves the beauty and dignity of our Nation's 
Capital. It is also an example of an unparalleled partnership that 
spans every level of government from city to State to Federal.
  As the largest employer in this region, the Federal Government has 
had a longstanding and unique responsibility to support the Metro 
system. This special responsibility was recognized more than 40 years 
ago in the National Capital Transportation Act of 1960, when Congress 
found that ``an improved transportation system for the National Capital 
region is essential for the continued and effective performance of the 
functions of the Government of the United States.'' Today more than a 
third of Federal employees in this region rely on Metrorail to get to 
work, and at rush hour, more than 40 percent of Metro's riders are 
Federal employees. The service that WMATA provides is also a critical 
component of Federal emergency evacuation plans for the region. The 
Federal Government's interest in Metro is ``unique and enduring.''
  It took extraordinary perseverance and effort to build the 106-mile 
Metorail system. From its origins in legislation first approved by the 
Congress during the Eisenhower Administration, three major statutes, 
the National Capital Transportation Act of 1969, the National Capital 
Transportation amendments of 1979, and the National Capital 
Transportation Amendments of 1990 were enacted to provide Federal and 
matching local funds for construction of the system. In addition, in 
ISTEA, TEA-21 and most-recently in SAFETEA-LU, we made the Metrorail 
eligible for millions of dollars in Federal funds annually to maintain 
and modernize the system, and provided an additional $104 million for 
WMATA's procurement of 52 rail cars and construction of upgrades to 
traction power equipment on 20 stations to allow the transit agency to 
expand many of its trains from 6 to 8 cars.
  But the system is aging and has been experiencing increasing 
incidents of equipment breakdowns, delays in scheduled service, and 
unprecedented crowding on trains. In 2004, WMATA released a ``Metro 
Matters'' report which found a $1.5 billion shortfall in funding over 6 
years to meet WMATA's capital and operating needs. A Blue Ribbon Panel, 
sponsored by the Metropolitan Washington Council of Governments, the 
Greater Washington Board of Trade and the Federal City Council 
published a report a year later which concluded that WMATA faces an 
average annual operating and capital shortfall of approximately $300 
million between fiscal year 2006 and fiscal year 2015.
  This legislation seeks to provide additional Federal funds to help 
close this gap. To be eligible for any Federals funds that may be 
appropriated annually under this legislation, the District of Columbia, 
the State of Maryland, and the Commonwealth of Virginia must first 
enact the required Compact amendments and either establish or use an 
existing dedicated funding source, such as Maryland's Transportation 
Trust fund, to provide the local matching funds. The legislation is 
still subject to the annual appropriations process and it is my hope 
that federal funding authorized under this Act will be forthcoming in 
future years. I urge my colleagues to join me in supporting this 
legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1446

       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 2007''.
       (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

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     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)(A) An amendment requiring that all payments by the 
     local signatory governments for the Transit Authority for the 
     purpose of matching any Federal funds appropriated in any 
     given year authorized under subsection (a) for the cost of 
     operating and maintaining the adopted regional system are 
     made from amounts derived from dedicated funding sources.
       ``(B) For purposes of this paragraph, the term `dedicated 
     funding source' means any source of funding which is 
     earmarked or required under State or local law to be used to 
     match Federal appropriations authorized under this Act 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 
     2007.
       ``(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) 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 2009, 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 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) 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

[[Page S6475]]

     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. 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).

  Mr. WEBB. Mr. President, I am pleased to join my colleagues, Senators 
Mikulski, Cardin and Warner, to introduce legislation that will 
reaffirm the Federal Government's continuing responsibility for the 
Washington Metropolitan Area Transit Authority, WMATA. Our legislation, 
in cooperation with State and local governments of the national capital 
region, will aid in the preservation and maintenance of our regional 
transportation system.
  Our predecessors in Congress had a clear vision for rapid rail and 
bus service that would not only transport Federal employees, residents, 
and visitors around the national capital region but that would also 
alleviate traffic congestion, spur growth and development, improve the 
economic welfare and vitality of all parts of the region, and ensure 
that all area residents have sufficient mobility options.
  The Washington Metro transit system has fulfilled that vision and 
more, providing critical support to the Federal Government and the 
region during emergencies, helping to protect the environment and 
improve air quality in our Nation's Capital, and attracting visitors 
from around the country and the world to ride the system--now a 
monument of its own.
  With the Federal Government's commitment to reduce our Nation's 
dependence on foreign oil and to increase national security, Federal 
support of the Washington Metro system is more important now than ever 
before. Congress has a fundamental interest in the transit system, and 
we must join our longstanding regional partners to help meet the demand 
of Metro's growing ridership and aging infrastructure.
  Since the Washington Metro transit system began operating its first 
4.6 miles of the Red Line between Rhode Island Avenue and Farragut 
North in 1976, the Metrorail system has added over 100 miles and 
extended operations to a total of 86 stations throughout the District 
of Columbia, Maryland, and Virginia. Almost half of all Metrorail 
stations today serve Federal facilities, and 42 percent of Metro's peak 
period commuters are Federal employees.
  Metrorail and Metrobus ridership continue to grow as more than a 
million riders on average per weekday choose Metro as their preferred 
mode of transit for traveling around the national capital region. 
Metrorail ridership has grown steadily at an average annual growth of 4 
percent, according to the Progress Report on the National Capital 
Region's Six-Year Transportation Capital Funding Needs, 2007-2012, by 
the Metropolitan Washington Transportation Planning Board, TPB. The 
report predicts that transit ridership demand will exceed system 
capacity by the year 2010. New funding authorized in this legislation 
would provide the necessary resources to increase bus and rail capacity 
and meet forecasted ridership demands, before the system and region 
become totally mired in congestion.
  The Washington Metro transit system has proven critical to the 
Federal Government, not only in moving its employees and serving 
Federal facilities but also in providing significant support during 
emergencies. Immediately following the September 11, 2001, terrorist 
attack on the Pentagon, Metro continued operations and helped safely 
evacuate hundreds of thousands of people from the downtown core of the 
District of Columbia. For a 30-day period after September 11, Metro 
opened Metrorail service half an hour early to support the Department 
of Defense as it heightened security actions and encountered major 
traffic congestion accessing the Pentagon.
  Metro is a key component in emergency transportation and continuity 
of operations plans for the entire region, including the civilian and 
military Federal workforce. Without the use of the Metro system, 
gridlock would ensue on the region's roadways to a degree that would 
make all emergency transportation evacuation plans inoperable. With 
enactment of the legislation we propose today, Congress will assist the 
Washington Metro transit system to continue to provide its vital 
service and bolster security measures throughout the system.
  Additional funding will also enable the transit system to continue to 
provide the invaluable service of helping to reduce traffic congestion 
throughout the region. With area roadways becoming increasingly 
congested, the Washington Metro transit system is critical to the 
region's infrastructure.
  According to the 2005 Urban Mobility Report by the Texas 
Transportation Institute, TTI, the Washington metropolitan area has the 
third-worst traffic congestion in the United States. Washington area 
commuters sat in traffic for 145.5 million hours in 2003, costing 
drivers an estimated $2.46 billion and wasting more than 87 million 
gallons of fuel. The report shows that the Washington area would have 
the worst congestion in the Nation if not for its public transportation 
system. Moreover, the report concludes that Washington Metro transit 
improvements are necessary to help further relieve congested corridors 
and serve major activity centers.
  Currently, Metrorail and Metrobus services result in 580,000 cars 
being removed from the region's highways each weekday and eliminate the 
need for 1,400 additional highway lane miles. A reliable and safe 
public transportation system is essential to encouraging more commuters 
to utilize alternative modes of transportation, especially as 
congestion on regional roadways is projected to increase, along with 
strong job and population growth in the National Capital region.
  The Metropolitan Washington Council of Governments, MWCOG, estimates 
the area's population will grow 36 percent by 2030. Already struggling 
to meet its current ridership demands, the Washington Metro transit 
system desperately needs increased support from the Federal Government 
and State and local governments in the national capital region to keep 
up with the region's current and future economic progress.
  Metro is an unparalleled asset to the region, not only reducing 
traffic congestion and air pollutants but also helping to reduce our 
Nation's dependence on foreign oil. Public transportation is an 
inherently energy efficient travel mode, with each transit user 
consuming an average of one-half the oil consumed by the typical 
automobile user, according to the American Public Transportation 
Association, APTA.
  Current public transportation usage reduces U.S. gasoline consumption 
by 1.4 billion gallons each year. In concrete terms, that means 108 
million fewer cars are filling up with gas per year, or almost 300,000 
per day, 34 fewer supertankers are leaving the Middle East per year, 
and over 140,000 fewer tanker trucks are making deliveries to service 
stations.
  Locally, the Washington Metro transit system saves the region from 
using 75 million gallons of gasoline each year. As gas prices continue 
to rise, many Washington area residents will continue to seize upon the 
opportunity to save money on fuel consumption by taking public 
transportation. Additional Federal funding will allow Metro to purchase 
340 new railcars and 275 new buses, which are necessary to accommodate 
more riders and help further reduce oil consumption throughout the 
Washington region.
  Public transportation not only helps reduce our dependence on foreign 
oil, but it also helps reduce toxic emissions and air pollution caused 
by the large number of cars sitting in bumper-to-bumper traffic on area 
roadways. The Washington Metro transit system eliminates more than 
10,000 tons of pollutants from the air each year. Much of the Metrobus 
fleet is comprised of eco-friendly buses that run on ultra low

[[Page S6476]]

sulfur diesel fuel, compressed natural gas, diesel electric hybrid and 
advanced technology fuels. Investing in Metro is one of the most 
significant contributions the Federal Government can make to help 
protect the environment in the Washington metropolitan area.
  Reliable Metrorail and Metrobus service is an attractive alternative 
to sitting in traffic, but if Metro does not receive additional 
funding, reliability will diminish along with the public's confidence 
in the transit system. Already, Metro is struggling to accommodate more 
riders and modernize its existing assets. Additional dedicated sources 
of funding are needed if Metro is to continue to serve the Federal 
workforce and thousands of other area residents and visitors.
  For the past 30 years, the Washington Metro transit system has been a 
bedrock for the national capital region, providing reliable 
transportation, facilitating day-to-day operations of the Federal 
Government, spurring economic growth and sensible development, reducing 
sprawl and traffic congestion, and improving the quality of life for 
the region's citizens and visitors to the Nation's Capital.
  The future of Metro and its continued success relies upon consistent 
support from the Federal Government and the regional localities it 
serves. Now is the time for the Federal Government to commit itself to 
providing more long-term Federal funding for the Washington Metro 
system. Together, along with our jurisdictional partners, we must 
continue to invest in the transit system that has brought so many 
rewards not only to the region but also to the Federal Government and 
the entire Nation. I urge my colleagues to support this bill as it 
moves through the Senate.
                                 ______