[Congressional Record Volume 157, Number 176 (Thursday, November 17, 2011)]
[Extensions of Remarks]
[Pages E2080-E2081]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    CHANGES TO THE METROPOLITAN WASHINGTON AIRPORTS AUTHORITY BOARD

                                 ______
                                 

                           HON. FRANK R. WOLF

                              of virginia

                    in the house of representatives

                      Thursday, November 17, 2011

  Mr. WOLF. Mr. Speaker, the Fiscal Year 2012 Consolidated and 
Continuing Appropriations Act contains important changes to the 
Metropolitan Washington Airports Authority, MWAA, board.
  I have been concerned with the actions of the board and have proposed 
several changes to the structure and function to increase transparency 
and accountability. Under the new law, members of the MWAA board will 
no longer be able to serve past the end of their term and all could be 
replaced for ``cause.'' The changes also increases the size of the 
board from 13 to 17, with Virginia getting two new appointments and 
Maryland and the District of Columbia each getting one additional board 
member.
  The changes are fair, providing the governors of Virginia and 
Maryland and the mayor of the District of Columbia the same authority 
the president already has under existing law to replace members of the 
board.
  The changes will improve accountability. Until now, board members 
served until their replacement takes office. There was an incident 
earlier this year where a board member whose term expired in January 
2009 and had not been replaced was voting by proxy from Africa. He was 
finally replaced in April 2011, more than two years after his term 
expired. A replacement has yet to be named for a board member whose 
term expired in May 2010. A third board member's term ends at the end 
of November and it is unclear if the replacement process has begun.
  Board members need to be replaced when their terms end. It's not 
their fault that they aren't being replaced but if the officials making 
the appointments know that the seat is going to be vacant, this reform 
will provide more of an incentive to make appointments in a more timely 
fashion.
  These airports are the economic engine for the region. With MWAA 
responsible for the Dulles rail project, ensuring that Virginia has

[[Page E2081]]

more say and that board members are more accountable is more important 
than ever. Everything possible must be done to keep the rail project on 
budget to keep the tolls as low as possible.
  Virginia Governor Robert McDonnell wrote Representative Tom Latham 
and Representative John Mica in strong support of these changes. I 
submit Governor McDonnell's letter for the Record as well.
  Some interested parties have stated that the original 1986 law that 
established MWAA is a compact between Virginia, Maryland, and the 
District of Columbia and that any changes to the structure of the board 
must be approved by all three localities. I want to state clearly that 
this is not true.
  The independent and well-respected Congressional Research Service has 
told my office that the MWAA statute has been amended twice in 1991 and 
in 1996, specifically in response to court decisions involving the 
Board of Review. It is my understanding that neither change required 
the consent of MD or DC.
  The Practitioner's Guide to The Evolving Use and the Changing Role of 
Interstate Compacts provides everything else necessary regarding the 
authority of Congress to enact subsequent legislation that has an 
effect on approved interstate compacts. Sections of this publication 
support the claim that Congress remains free to change federal laws, 
even if those laws have adverse effects on compacts that Congress has 
specifically consented to.
  The relevant sections of the Practitioner's Guide to The Evolving Use 
and the Changing Role of Interstate Compacts are too long to include 
here today, but can be found on pages 43-47.
  These changes to the MWAA board will improve its function, 
governance, accountability and transparency and provide greater input 
for those with a large stake in the successful completion of the Dulles 
Rail project. Washington Dulles International Airport and Ronald Reagan 
Washington National Airport drive economic growth in northern Virginia 
and the entire Capital region. The MWAA board must operate successfully 
to ensure the success of both Dulles International and Reagan National 
Airports and the Dulles Rail, ensuring tolls on local drivers are kept 
to a minimum.

                                         Commonwealth of Virginia,


                                       Office of the Governor,

                                     Richmond, VA, August 8, 2011.
     Hon. Tom Latham,
     House of Representatives, Rayburn Building, Washington, DC.
     Hon. John Mica,
     House of Representatives, Rayburn Building, Washington, DC.
       Dear Chairmen Latham and Mica: I write you today to 
     respectfully ask for your endorsement and support for changes 
     to the Washington Metropolitan Airports Authority Board of 
     Directors being proposed by Congressman Frank Wolf. As you 
     are aware, MWAA, which was created through an interstate 
     compact between Virginia and D.C., as authorized by Congress, 
     maintains and operates Reagan National Airport and Dulles 
     International Airport pursuant to a lease agreement with the 
     federal government. MWAA is also responsible for maintaining 
     and operating the Dulles Toll Road and the Dulles Greenway 
     and construction of the Dulles Corridor Metrorail Extension 
     Project.
       These facilities are all located within the Commonwealth of 
     Virginia and have a tremendous impact on our economy and 
     transportation network. All funding for the airports, and the 
     current metrorail to Dulles project, is provided by the 
     Commonwealth or its subdivisions, and the federal government. 
     Despite this fact, as chief executive I have no effective 
     mechanism for effectuating a change or providing oversight 
     when the MWAA Board takes action which may be adverse to the 
     interests of the Commonwealth and its citizens. Neither do 
     the other stakeholders in the District of Colombia, Maryland 
     or the federal government. Each appointee to the MWAA Board 
     serves for a period of six years and remains on the Board 
     until a successor is chosen. Neither the federal statutes, 
     nor the respective jurisdictional statutes enabling the 
     interstate compact provide a mechanism for removing a Board 
     member, since they do not currently serve at the pleasure of 
     the Governor. This lack of oversight essentially allows 
     members of the Board to potentially act in accordance with 
     their own goals and directives for MWAA without consultation 
     with or allegiance to the leaders and taxpayers in the 
     Commonwealth and the other member jurisdictions.
       Congressman Wolf is seeking changes to rectify this lack of 
     oversight by providing the Chief Executives of each of the 
     member jurisdictions and the President with greater authority 
     in appointing and removing members to the Board. 
     Specifically, members would serve at the pleasure of the 
     appointing executive, and the appointing executive would be 
     provided the authority to remove a board member at any time 
     with or without cause. Furthermore, as referenced above, all 
     of the facilities under MWAA's control are located within the 
     Commonwealth of Virginia. Currently, however, Virginia only 
     has five of the thirteen seats on the board. As such, the 
     Commonwealth should be granted three additional seats on the 
     MWAA Board, increasing the number of Board members 
     representing Virginia and its interests from five to eight. 
     These changes would provide me and future governors the 
     ability to ensure that MWAA's policies and directives are in 
     accordance with the best interests of Virginia's citizens.
       I wholeheartedly support the changes proposed by 
     Congressman Wolf, and, again, I respectfully urge you to do 
     so as well. Should you have any questions or wish to further 
     discuss this matter, please do not hesitate to contact either 
     myself or Virginia Secretary of Transportation Sean T. 
     Connaughton at your convenience.
           Sincerely,
                                              Robert F. McDonnell,
     Governor.

                          ____________________