[Senate Report 114-170]
[From the U.S. Government Publishing Office]
Calendar No. 304
114th Congress } { Report
1st Session } SENATE { 114-170
_______________________________________________________________________
. APPOINTMENT OF FEDERAL DIRECTORS
TO THE BOARD OF DIRECTORS OF THE
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 2093
TO PROVIDE THAT THE SECRETARY OF TRANSPORTATION SHALL
HAVE SOLE AUTHORITY TO APPOINT FEDERAL DIRECTORS TO
THE BOARD OF DIRECTORS OF THE WASHINGTON METROPOLITAN AREA TRANSIT
AUTHORITY
November 30, 2015.--Ordered to be printed
_______
U.S. GOVERNMENT PUBLISHING OFFICE
WASHINGTON : 2015
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
RON JOHNSON, Wisconsin, Chairman
JOHN McCAIN, Arizona THOMAS R. CARPER, Delaware
ROB PORTMAN, Ohio CLAIRE McCASKILL, Missouri
RAND PAUL, Kentucky JON TESTER, Montana
JAMES LANKFORD, Oklahoma TAMMY BALDWIN, Wisconsin
MICHAEL B. ENZI, Wyoming HEIDI HEITKAMP, North Dakota
KELLY AYOTTE, New Hampshire CORY A. BOOKER, New Jersey
JONI ERNST, Iowa GARY C. PETERS, Michigan
BEN SASSE, Nebraska
Keith B. Ashdown, Staff Director
Christopher R. Hixon, Chief Counsel
Patrick J. Bailey, Chief Counsel for Governmental Affairs
Gabrielle D'Adamo Singer, Deputy Chief Counsel for Governmental Affairs
Gabrielle A. Batkin, Minority Staff Director
John P. Kilvington, Minority Deputy Staff Director
Mary Beth Schultz, Minority Chief Counsel
Troy H. Cribb, Minority Chief Counsel for Governmental Affairs
Laura W. Kilbride, Chief Clerk
Calendar No. 304
114th Congress } { Report
1st Session } SENATE { 114-170
======================================================================
APPOINTMENT OF FEDERAL DIRECTORS TO THE BOARD OF DIRECTORS OF THE
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY
_______
November 30, 2015.--Ordered to be printed
_______
Mr. Johnson, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 2093]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 2093), to provide
that the Secretary of Transportation shall have sole authority
to appoint Federal Directors of the Washington Metropolitan
Area Transit Authority, having considered the same, reports
favorably thereon without amendment and recommends that the
bill do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................2
III. Legislative History..............................................2
IV. Section-by-Section Analysis......................................2
V. Evaluation of Regulatory Impact..................................3
VI. Congressional Budget Office Cost Estimate........................3
VII. Changes in Existing Law Made by the Bill, as Reported............3
I. PURPOSE AND SUMMARY
S. 2093 seeks to provide the Secretary of Transportation
the authority to appoint the Federal directors to the board of
directors of the Washington Metropolitan Area Transit Authority
(WMATA). Under current law, the Administrator of the General
Services Administration (GSA) has the authority to appoint
Federal directors.\1\ This bill would transfer that authority
to the Secretary of the Department of Transportation (DOT).
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\1\Pub. L. No. 110-432.
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II. BACKGROUND AND THE NEED FOR LEGISLATION
WMATA is the principal public transportation method for
many people throughout Washington, D.C., Maryland, and
Virginia. The WMATA board of directors ``furthers the mission
of the Washington Metropolitan Area Transit Authority (WMATA)
to operate and maintain a safe, reliable and effective transit
system that enhances mobility, improves the quality of life,
and stimulates economic development in the Washington
metropolitan area.''\2\ Arguably one of the most important
roles of the board of directors is hiring the general
manager.\3\
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\2\The Bylaws of the Washington Metropolitan Area Transit Authority
Board of Directors http://www.wmata.com/about_metro/docs/Bylaws.pdf
(last accessed Nov. 19, 2015).
\3\Id.
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The WMATA board of directors consists of representatives
from Maryland, Virginia, Washington, D.C., and the Federal
Government; each appoints two voting and two alternate
directors.\4\
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\4\Washington Metropolitan Area Transit Authority, Board of
Directors, http://www.wmata.com/about_metro/board_of_directors/ (last
accessed Nov. 19, 2015).
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In 2008, Congress gave authority to the Administrator of
GSA to appoint the Federal directors.\5\ However the agency
does not have any inherent transportation mandate or the
expertise in transportation that would make it the appropriate
agency to select the board members.\6\
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\5\Pub. L. No. 110-432.
\6\Discussions between GSA and Committee Staff (Oct. 2015); see
generally, General Services Administration, Welcome, http://
www.gsa.gov/thisisgsa/#/welcome (last accessed Nov. 18, 2015).
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This legislation would remove the appointing authority for
GSA and give it to the Secretary of the DOT, an agency with
emphasis and expertise in transportation.
III. LEGISLATIVE HISTORY
S. 2093, a bill ``To provide that the Secretary of
Transportation shall have sole authority to appoint Federal
Directors to the Board of Directors of the Washington
Metropolitan Area Transit Authority'', was introduced September
29, 2015, by Senator Barbara Mikulski (D-MD). Senators Benjamin
Cardin (D-MD), Tim Kaine (D-VA), and Mark Warner (D-VA) are
original cosponsors. The bill was referred to the Committee on
Homeland Security and Governmental Affairs.
The Committee considered S. 2093 at a business meeting on
October 7, 2015. The Committee ordered the bill reported
favorably without amendment by voice vote en bloc. Senators
present for the vote on the bill were Senators Johnson,
Portman, Lankford, Enzi, Ernst, Sasse, Carper, McCaskill,
Baldwin, Heitkamp, and Booker.
IV. SECTION-BY-SECTION ANALYSIS OF THE BILL, AS REPORTED
Section 1. Appointment of Directors of the Washington Metropolitan Area
Transit Authority
This section establishes the definitions for the terms
``compact'', ``Federal Director'', and ``Transit Authority''.
Additionally, this section states that for any appointments
made after the enactment of this bill, the Secretary of the
Department of Transportation shall have the authority to
appoint the Federal Directors to WMATA's Board of Directors.
V. EVALUATION OF REGULATORY IMPACT
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
October 20, 2015.
Hon. Ron Johnson,
Chairman, Committee on Homeland Security and Governmental
Affairs, U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2093, a bill to
provide that the Secretary of Transportation shall have sole
authority to appoint Federal Directors to the Board of
Directors of the Washington Metropolitan Area Transit
Authority.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sarah Puro.
Sincerely,
Keith Hall.
Enclosure.
S. 2093--A bill to provide that the Secretary of Transportation shall
have sole authority to appoint Federal Directors to the Board
of Directors of the Washington Metropolitan Transit Authority
S. 2093 would transfer the authority to appoint members to
represent the federal government on the Board of Directors of
the Washington Metropolitan Area Transit Authority (WMATA) from
the General Services Administration to the Department of
Transportation. Under current law and the WMATA compact, the
federal government appoints two directors and two alternate
members. Because there would be no additional requirements on
the federal government CBO estimates that enacting the bill
would have no net effect on the federal budget.
Enacting S. 2093 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting S. 2093 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year period beginning in 2026.
S. 2093 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Sarah Puro. The
estimate was approved by H. Samuel Pappenfuss, Deputy Assistant
Director for Budget Analysis.
VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
Because this legislation would not repeal or amend any
provision of current law, it would make no changes in existing
law within the meaning of clauses (a) and (b) of paragraph 12
of rule XXVI of the Standing Rules of the Senate.
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