[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).
---------------------------------------------------------------------------
    \1\Pub. L. No. 110-432.
---------------------------------------------------------------------------

              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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \4\Washington Metropolitan Area Transit Authority, Board of 
Directors, http://www.wmata.com/about_metro/board_of_directors/ (last 
accessed Nov. 19, 2015).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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.

                                  [all]