59–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–141 

NATIONAL CAPITAL TRANSPORTATION AMENDMENTS ACT 

OF 2007 

MAY 9, 2007.—Committed to the Committee of the Whole House on the State of the 

Union and ordered to be printed 

Mr. WAXMAN, from the Committee on Oversight and Government 

Reform, submitted the following 

R E P O R T 

together with 

ADDITIONAL VIEWS 

[To accompany H.R. 401] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Oversight and Government Reform, to whom 

was referred the bill (H.R. 401) 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, having considered the same, report favorably thereon 

with an amendment and recommend that the bill as amended do 

pass. 

CONTENTS 

Purpose and Summary ............................................................................................ 5 

Legislative History .................................................................................................. 6 

Section-By-Section ................................................................................................... 7 

Explanation of Amendments ................................................................................... 10 

Committee Consideration ........................................................................................ 11 

Rollcall Votes ............................................................................................................ 11 

Application of Law to the Legislative Branch ....................................................... 11 

Statement of Oversight Findings and Recommendations of the Committee ...... 11 

Statement of General Performance Goals and Objectives .................................... 11 

Constitutional Authority Statement ...................................................................... 11 

Federal Advisory Committee Act ............................................................................ 12 

Unfunded Mandate Statement ............................................................................... 12 

Earmark Identification ............................................................................................ 12 

Committee Estimate ................................................................................................ 12 

Budget Authority and Congressional Budget Office Cost Estimate .................... 12 

Changes in Existing Law Made by the Bill, as Reported ..................................... 14 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 


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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 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. 

‘‘(3) Such Federal grants may be used only for the maintenance and upkeep 

of the systems of the Transit Authority as of the date of the enactment of the 

National Capital Transportation Amendments Act of 2007 and may not be used 

to increase the mileage of the rail system. 

‘‘(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 


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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) ACCESS TO WIRELESS SERVICES IN METRORAIL SYSTEM.—

‘‘(1) REQUIRING TRANSIT AUTHORITY TO PROVIDE ACCESS TO SERVICE.—No 

amounts may be provided to the Transit Authority pursuant to the authorization under this section unless the Transit Authority ensures that customers of 

the rail service of the Transit Authority have access within the rail system to 

services provided by any licensed wireless provider that notifies the Transit Authority (in accordance with such procedures as the Transit Authority may 

adopt) of its intent to offer service to the public, in accordance with the following timetable: 

‘‘(A) Not later than 1 year after the date of the enactment of the National 

Capital Transportation Amendments Act of 2007, in the 20 underground 

rail station platforms with the highest volume of passenger traffic. 

‘‘(B) Not later than 4 years after such date, throughout the rail system. 

‘‘(2) ACCESS OF WIRELESS PROVIDERS TO SYSTEM FOR UPGRADES AND MAINTENANCE.—No amounts may be provided to the Transit Authority pursuant to the 

authorization under this section unless the Transit Authority ensures that each 

licensed wireless provider who provides service to the public within the rail system pursuant to paragraph (1) has access to the system on an ongoing basis 

(subject to such restrictions as the Transit Authority may impose to ensure that 

such access will not unduly impact rail operations or threaten the safety of customers or employees of the rail system) to carry out emergency repairs, routine 

maintenance, and upgrades to the service. 

‘‘(3) PERMITTING REASONABLE AND CUSTOMARY CHARGES.—Nothing in this subsection may be construed to prohibit the Transit Authority from requiring a licensed wireless provider to pay reasonable and customary charges for access 

granted under this subsection. 

‘‘(4) REPORTS.—Not later than 1 year after the date of the enactment of the 

National Capital Transportation Amendments Act of 2007, and each of the 3 

years thereafter, the Transit Authority shall submit to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report 

on the implementation of this subsection. 

‘‘(5) DEFINITION.—In this subsection, the term ‘licensed wireless provider’

means any provider of wireless services who is operating pursuant to a Federal 

license to offer such services to the public for profit. 

‘‘(f) CAP ON OVERTIME PAY.—

‘‘(1) IN GENERAL.—No amounts may be provided to the Transit Authority pursuant to the authorization under this section unless the Transit Authority certifies to the Secretary of Transportation that the amount of overtime compensation paid to any employee of the Transit Authority with respect to any pay period does not exceed 1⁄3 of the employee’s rate of basic pay for such period. 

‘‘(2) EFFECTIVE DATE.—Paragraph (1) shall apply with respect to pay periods 

beginning on or after the date of the enactment of the National Capital Transportation Amendments Act of 2007. 

‘‘(g) EXCLUSION OF OVERTIME PAY IN CALCULATION OF ANNUAL SALARY USED FOR

DETERMINING AMOUNT OF RETIREMENT ANNUITY.— 

‘‘(1) IN GENERAL.—To the extent consistent with collective bargaining agreements, no amounts may be provided to the Transit Authority pursuant to the 

authorization under this section unless the Transit Authority certifies to the 

Secretary of Transportation that, in determining the amount of any annuity 

paid to an individual who is separated from employment with the Transit Authority which is based in whole or in part on the compensation paid to the individual during any year, there shall be excluded from the determination of the 

compensation paid to the individual during the year any amounts paid as overtime compensation. 

‘‘(2) EFFECTIVE DATE.—Paragraph (1) shall apply with respect to compensation paid to an individual during years beginning after the date of the enactment of the National Capital Transportation Amendments Act of 2007. 

‘‘(h) 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. 

‘‘(i) AVAILABILITY.—Amounts appropriated pursuant to the authorization under 

this section shall remain available until expended.’’. 


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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. 


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(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 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). 

PURPOSE AND SUMMARY

H.R. 401, the National Capital Transportation Amendments Act 

of 2007, was introduced on January 11, 2007, by Reps. Tom Davis, 

Steny H. Hoyer, Frank R. Wolf, Eleanor Holmes Norton, Chris Van 


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Hollen, James P. Moran, Albert Russell Wynn, and John P. Sarbanes. H.R. 401 authorizes federal funding for needed improvements and maintenance for the Washington Metropolitan Area 

Transit Authority (WMATA) and improves accountability at 

WMATA. 

The bill authorizes $1.5 billion in federal funding for capital improvements and critical preventive maintenance needs; requires 

the Government Accountability Office to conduct a study on the use 

of the authorized funds and to report to Congress within three 

years; requires that four directors be added to the WMATA Board 

of Directors with one voting member to be a regular WMATA passenger; and improves accountability and transparency by establishing an Inspector General for WMATA. 

BACKGROUND AND NEED FOR LEGISLATION

The WMATA system is critical to the Washington metropolitan 

region. WMATA rail and bus services reduce traffic congestion, 

commute times, and air pollution. These services help federal and 

local government workers and private sector employees get to work 

every day and are vital to the millions of tourists who visit the nation’s capital every year. 

The existing Metro system is aging while at the same time ridership is increasing. A significant investment is needed to meet the 

increased demand and prevent a decline in service and reliability. 

H.R. 401 authorizes $1.5 billion for capital and renewal projects 

for WMATA. The authorized funds will allow for needed improvements such as station and facility rehabilitation and tunnel repairs. This funding will also allow WMATA to add new rail cars 

and buses to ease congestion during peak hours. 

H.R. 401 establishes an Inspector General for WMATA. WMATA 

has suffered from serious management challenges such as inadequate oversight of contracts. This bill strengthens the accountability and transparency of WMATA by requiring that it have an 

independent Inspector General to oversee and investigate its operations. 

LEGISLATIVE HISTORY

H.R. 401 was introduced on January 11, 2007, and referred to 

the Committee on Oversight and Government Reform. Similar legislation, H.R. 3496, the National Capital Transportation Amendments Act of 2005, was introduced in the 109th Congress and reported by the Committee on a voice vote. H.R. 3496 was passed by 

the House on a roll call vote of 242–120 but the Senate did not take 

action on the bill before the end of the 109th Congress. 

The Committee considered H.R. 401 on March 29, 2007, but adjourned before completing consideration of the bill. The Committee 

met on April 18, 2007, and ordered H.R. 401 to be reported, as 

amended, by a voice vote. 


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SECTION-BY-SECTION

Section 1. Short title; findings 

This section provides that the short title of H.R. 401 is the ‘‘National Capital Transportation Amendments Act of 2007.’’ This section also includes findings of Congress. 

Section 2. Federal contribution for capital projects for Washington 

metropolitan area transit system 

This section would amend the National Capital Transportation 

Act of 1969 by adding a new section, designated as section 18. 

Section 18(a) authorizes the Secretary of Transportation to make 

grants to the Transit Authority to finance capital and preventative 

maintenance projects included in the Capital Improvement Program approved by the WMATA Board of Directors. These grants 

are to be in addition to other funding authorized by the National 

Capital Transportation Act of 1969. 

Section 18(b) requires that work performed with the authorized 

funds be subject to the provisions of the WMATA compact. Each 

federal grant will be for 50 percent of the net project cost of the 

relevant project and cannot include other federal funds or general 

operating revenue. Remaining costs are to be covered by local funds 

derived from dedicated funding sources. A provision was added to 

this subsection during Committee consideration of the bill clarifying that the authorized grants are only to be used for maintenance and upkeep of the WMATA systems and may not be used to 

increase the mileage of the rail system. This provision clarifies that 

the authorized funding is not intended to fund the extension of 

Metrorail lines. This provision does not impact in any way 

WMATA’s ability to use the authorized funds to purchase additional buses or Metrorail cars. 

Section 18(c) clarifies that the authorized funds will be subject to 

certain requirements that normally govern transit grants unless 

the Secretary of Transportation determines that the requirements 

are inconsistent with the purposes of the new section 18. These requirements include planning and contracting requirements and are 

found in chapter 53 of title 49, United States Code. 

Section 18(d) provides that WMATA cannot receive any funds authorized by this legislation until it notifies the Secretary of Transportation that certain amendments have been made to the WMATA 

compact. These include: (1) an amendment requiring that all 

matching funds from local signatory governments to the compact be 

made from dedicated funding sources; (2) an amendment establishing an Office of the Inspector General for WMATA; and (3) an 

amendment expanding the WMATA Board of Directors by four directors appointed by the administrator of the General Services Administration. The additional directors will represent the interests 

of the federal government. Two of the additional directors will be 

voting members and two will be nonvoting members. One of the 

voting members will be a regular WMATA rail or bus passenger. 

Section 18(e) provides that WMATA may not receive any of the 

funding authorized by the bill unless WMATA provides customers 

access to licensed commercial wireless services from any licensed 

wireless provider that elects to offer service and notifies WMATA 

of its intent. Access must be provided on the 20 busiest underVerDate Aug 31 2005 05:37 May 12, 2007 Jkt 059006 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\HR141.XXX HR141

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ground platforms—as measured by passenger traffic—not later 

than one year after enactment, and throughout the entire rail system not later than four years after enactment. This subsection also 

requires WMATA to ensure that each licensed wireless provider 

that elects to offer service to the public within the rail system has 

ongoing access to the system in order to carry out emergency repairs, routine maintenance, and upgrades. 

This subsection addresses a long-standing concern regarding 

public safety and personal security in the rail system. Currently, 

only one wireless provider has direct access to Metro rail platforms 

and tunnels. This subsection mandates that WMATA grant any licensed wireless provider that intends to offer service access to the 

system. Expanding wireless access in the system is an important 

step toward making wireless coverage more accessible and reliable. 

This measure does not require WMATA to expend resources to 

fund this effort. It is the hope of the Committee that necessary upgrades to the existing underground wireless system or the installation of a new wireless system can be funded entirely by commercial 

parties. Subsection (e)(3) makes clear that WMATA is authorized 

to assess ‘‘reasonable and customary charges’’ for access granted 

under this provision. The Committee notes, however, that the term 

‘‘reasonable and customary’’ means that such charges must be comparable to the amounts charged in similar situations (e.g., tunnels, 

airports, or other rail systems) around the country. 

This subsection also recognizes the limited ‘‘track time’’ available 

for upgrading existing wireless systems or installing new wireless 

systems and equipment. The Committee is sensitive to the numerous maintenance and service demands on WMATA, and understands that longer hours of operation leave less time for necessary 

track work. Therefore, although subsection (e)(2) requires that 

WMATA grant ongoing access to each licensed wireless provider offering service in the system, it allows WMATA to control such access to avoid serious disruptions in service and to avoid threats to 

the safety of customers or employees. The Committee expects that 

WMATA will use this discretion in accordance with applicable 

deadlines and in a manner consistent with the underlying intent 

of this provision which was added by amendment during Committee consideration of the bill. 

Section 18(f) provides that WMATA may not receive any of the 

funding authorized by the bill unless WMATA certifies to the Secretary of Transportation that the amount of overtime compensation 

paid to any WMATA employee in a pay period does not exceed onethird of the employee’s rate of basic pay for that period. This subsection was added by amendment during Committee consideration 

of the bill. 

Section 18(g) provides that WMATA may not receive any of the 

funding authorized by the bill unless WMATA certifies to the Secretary of Transportation that, to the extent it is consistent with 

WMATA’s collective bargaining agreements, overtime compensation 

is excluded from the income used to calculate employee pensions. 

This subsection was added by amendment during Committee consideration of the bill. 

Section 18(h) authorizes $1.5 billion for grants to be available in 

increments over a period of ten fiscal years beginning in fiscal year 

2009 or until expended. 


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Section 18(i) provides that funds appropriated pursuant to the 

authorization provided by this legislation are to remain available 

until expended. This section, as introduced, also provided that 

funds appropriated pursuant to this authorization are to be made 

in addition to, and not in lieu of, any other funds made available 

to WMATA. This language was removed during Committee consideration. Neither this language nor the removal of this language has 

any substantive effect. This bill is an authorization bill and any actual funding will come through the appropriations process. 

Section 3. Washington Metropolitan Area Transit Authority Inspector General 

This section increases accountability and transparency by establishing an inspector general for WMATA. 

Subsection (a) requires WMATA to establish an Office of the Inspector General headed by an Inspector General for WMATA. 

Subsection (b) requires that the Inspector General be appointed 

by a majority vote of the WMATA Board of Directors and without 

regard to political affiliation and solely on the basis of integrity, 

demonstrated abilities, and experience. This subsection also provides that the Inspector General is to serve for a term of five years 

and can be reappointed for up to two additional terms. The Inspector General may only be removed from office before the end of his 

term by a unanimous vote of all members of the WMATA Board 

of Directors and the Board is required to communicate the reason 

for removal to Congress and state and local officials. 

Subsection (c) provides that the Inspector General will carry out 

the same duties and responsibilities as an Inspector General carries out under the Inspector General Act of 1978. The Inspector 

General will be responsible for conducting an annual audit of the 

financial accounts of WMATA and must prepare semiannual reports. The Inspector General may receive and investigate complaints or information from WMATA members and employees and 

must protect the identity of the person bringing the complaint unless there is consent or disclosure is unavoidable. This subsection 

prohibits retaliation against any WMATA member or employee 

that brings a complaint or discloses information to the Inspector 

General. This subsection prohibits WMATA from preventing the Inspector General from carrying out his duties. 

Subsection (d) provides that the Inspector General may exercise 

the same authorities with respect to WMATA as an Inspector General under the Inspector General Act of 1978. The Inspector General will appoint and set the pay for an Assistant Inspector General 

for Audits, an Assistant Inspector General for Investigations, and 

any other staff the Inspector General considers appropriate. This 

subsection preserves the independence of the Office of the Inspector 

General by providing that only individuals appointed or contracted 

by the Inspector General may carry out the duties of the Office. 

This subsection clarifies that Office of the Inspector General personnel are only subject to WMATA’s appointment and pay regulations at the discretion of the Inspector General. This subsection requires the General Manager of WMATA to provide the Inspector 

General with adequate office space and maintenance services. 

Subsection (e) requires that to the extent any office or entity in 

WMATA carries out any of the duties and responsibilities assigned 


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to the Inspector General, those functions be transferred to the Office of the Inspector General at the time the first Inspector General 

is appointed. 

Section 4. Study and report by Comptroller General 

Subsection (a) requires the Government Accountability Office to 

conduct a study on the use of funds authorized by this legislation. 

Subsection (b) requires the Government Accountability Office to 

submit to Congress a report on the study conducted under subsection (a) within three years. 

EXPLANATION OF AMENDMENTS

The following amendments were adopted in Committee: 

Mr. Waxman and Mr. Davis offered an amendment, passed by 

voice vote, to establish a deadline by which WMATA must allow 

rail customers access to services offered by licensed wireless providers. The amendment requires WMATA to provide access to licensed commercial wireless services on the 20 busiest underground 

platforms—as measured by passenger traffic—not later than one 

year after enactment, and throughout the entire rail system not 

later than four years after enactment. The provision also requires 

WMATA to ensure that each licensed wireless provider that elects 

to offer service to the public within the rail system has ongoing access to the system in order to carry out emergency repairs, routine 

maintenance and upgrades. 

Mrs. Foxx offered an amendment, which passed by voice vote, 

clarifying that the authorized funding may only be used for the 

maintenance and upkeep of WMATA systems and may not be used 

to increase the mileage of the rail system. The amendment also 

struck the language in the bill stating that the authorized funds 

are to be in addition to, not in lieu of, other funding made available 

to WMATA. This has no substantive effect. This bill is an authorization bill and any actual funding will come through the appropriations process. 

Mrs. Foxx offered an amendment to offset the amount of funding 

appropriated each year under the authorization contained in the 

underlying bill with other federal transit grant funding. Mr. Towns 

raised a point of order claiming it was not germane because it concerned multiple provisions outside the jurisdiction of the Committee. The Chair sustained the point of order, explaining that the 

amendment is outside the scope of the bill and outside the jurisdiction of the Committee. 

Mr. Westmoreland offered an amendment, which passed by voice 

vote, prohibiting WMATA from receiving any funds authorized by 

the underlying bill unless WMATA certifies to the Secretary of 

Transportation that the amount of overtime compensation paid to 

any WMATA 6 employee in a pay period does not exceed one-third 

of the employee’s rate of basic pay for that period. The Chair noted 

in accepting the amendment that it is important for the Committee 

to continue to review the amendment and to consult with WMATA 

on the amendment. 

Mr. Westmoreland offered an amendment, which passed by voice 

vote, providing that, to the extent it is consistent with collective 

bargaining agreements, WMATA be prohibited from receiving any 

funds authorized by the underlying bill unless WMATA certifies to 


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the Secretary of Transportation that overtime compensation is excluded from the income used to calculate employee pensions. The 

Chair noted in accepting the amendment that he did so with the 

understanding that the Committee will continue to review the 

amendment and consult WMATA on how the amendment will work 

in practice. 

COMMITTEE CONSIDERATION

On Wednesday, April 18, 2007, the Committee met in open session and favorably ordered H.R. 401 to be reported to the House 

by a voice vote. 

ROLLCALL VOTES

No rollcall votes were held. 

APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

Section 102(b)(3) of Public Law 104–1 requires a description of 

the application of this bill to the legislative branch where the bill 

relates to terms and conditions of employment or access to public 

services and accommodations. 

H.R. 401 authorizes federal funds for the Washington Metropolitan Area Transit Authority and creates an Inspector General for 

the Authority. This bill does not relate to employment or access to 

public services and accommodations. 

STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF

THE COMMITTEE

In compliance with clause 3(c)(1) of rule XIII and clause (2)(b)(1) 

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the 

descriptive portions of this report, including the need for federal 

funding to allow the Washington Metropolitan Area Transit Authority to make capital improvements and to meet critical preventive maintenance needs. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with clause 3(c)(4) of rule XIII of the Rules of the 

House of Representatives, the Committee’s performance goals and 

objectives are reflected in the descriptive portions of this report, including authorizing federal funding for the Washington Metropolitan Area Transit Authority and creating an inspector general for 

the Authority. 

CONSTITUTIONAL AUTHORITY STATEMENT

Under clause 3(d)(1) of rule XIII of the Rules of the House of 

Representatives, the Committee must include a statement citing 

the specific powers granted to Congress to enact the law proposed 

by H.R. 401. Article I, Section 8, Clause 18 of the Constitution of 

the United States grants the Congress the power to enact this law. 


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FEDERAL ADVISORY COMMITTEE ACT

The Committee finds that the legislation does not establish or 

authorize the establishment of an advisory committee within the 

definition of 5 U.S.C. App., Section 5(b). 

UNFUNDED MANDATE STATEMENT

Section 423 of the Congressional Budget and Impoundment Control Act (as amended by Section 101(a)(2) of the Unfunded Mandates Reform Act, P.L. 104–4) requires a statement on whether the 

provisions of the report include unfunded mandates. In compliance 

with this requirement the Committee has received a letter from the 

Congressional Budget Office included herein. 

EARMARK IDENTIFICATION

H.R. 401 does not include any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e), 

or 9(f) of rule XXI. 

COMMITTEE ESTIMATE

Clause 3(d)(2) of rule XIII of the Rules of the House of Representatives requires an estimate and a comparison by the Committee of the costs that would be incurred in carrying out H.R. 401. 

However, clause 3(d)(3)(B) of that rule provides that this requirement does not apply when the Committee has included in its report 

a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the 

Congressional Budget Act. 

BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE COST

ESTIMATE

With respect to the requirements of clause 3(c)(2) of rule XIII of 

the Rules of the House of Representatives and section 308(a) of the 

Congressional Budget Act of 1974 and with respect to requirements 

of clause 3(c)(3) of rule XIII of the Rules of the House of Representatives and section 402 of the Congressional Budget Act of 1974, the 

Committee has received the following cost estimate for H.R. 401 

from the Director of the Congressional Budget Office: 

April 27, 2007. 

Hon. HENRY A. WAXMAN, Chairman, Committee on Oversight and Government Reform, House 

of Representatives Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 401, the National Capital 

Transportation Amendments Act of 2007. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Sarah Puro. 

Sincerely, 

PETER R. ORSZAG. 

Enclosure. 


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13 

H.R. 401—National Capital Transportation Amendments Act of 

2007 

Summary: H.R. 401 would authorize the appropriation of $1.5 

billion for grants to the Washington Metropolitan Area Transit Authority (WMATA) for capital and preventive maintenance projects. 

Assuming appropriation of the amount specified in the bill, CBO 

estimates that implementing H.R. 401 would cost $236 million over 

the 2010–2012 period and an additional $1.3 million after 2012. 

H.R. 401 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). 

The bill would authorize funding for WMATA activities; any costs 

to the transit authority, the District of Columbia, Maryland, and 

Virginia would result from complying with conditions of that federal assistance. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 401 is shown in the following table. The costs 

of this legislation fall within budget function 400 (transportation). 

By fiscal year, in millions of dollars— 

2008 2009 2010 2011 2012 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level ................................................................................ 0 0 150 150 150 

Estimated Outlays ................................................................................................... 0 0 38 83 115 

Basis of estimate: H.R. 401 would authorize the Secretary of 

Transportation to make grants to WMATA to cover 50 percent of 

the cost of capital and preventive maintenance projects listed in the 

Capital Improvement Program approved by the transit authority’s 

board of directors. For those grants, the bill would authorize the 

appropriation of $1.5 billion to the Secretary. For this estimate, 

CBO assumes that the authorized amount will be appropriated in 

equal installments over a 10-year period, beginning in 2010. 

Before receiving the grants, Maryland, Virginia, and the District 

of Columbia would need to amend the WMATA compact to add four 

members to the Board of Directors and to make changes to the operation of the Office of the Inspector General. Further, those entities would be required to establish funding sources dedicated solely 

to the transit authority. CBO expects that those requirements 

would delay the award of grants until at least 2010. 

Assuming appropriation of the $1.5 billion authorized under H.R. 401, CBO estimates that implementing the bill would cost $236 

million over the 2010–2012 period and another $1,264 million after 

2012. That estimate of outlays is based on historical spending patterns of grants for similar capital and maintenance projects for 

mass transit systems. 

Estimated impact on state, local, and tribal governments: H.R. 

401 contains no intergovernmental mandates as defined in UMRA. 

As a condition of receiving $1.5 billion over 10 years for certain 

capital and preventative maintenance projects, the bill would require WMATA to: 

• Establish an Office of the Inspector General; 

• Expand the Board of Directors; 

• Restrict the maximum amount of overtime pay paid to any 

WMATA employees to one-third of their rate of basic pay for 

the period; 


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14 

• Exclude overtime pay from the retirement annuity calculation for WMATA employees, and • Insure access of rail customers to wireless service. 

Also, as a condition of receiving these grants, the District of Columbia, Maryland, and Virginia would be required to earmark 

funds to match the federal assistance. The bill would restrict the 

use of federal funds to maintenance and upkeep only. 

Estimated impact on the private sector: H.R. 401 contains no 

new private-sector mandates as defined in UMRA. 

Estimate prepared by: Federal Costs: Sarah Puro. Impact on 

State, Local, and Tribal Governments: Elizabeth Cove. Impact on 

the Private Sector: Fatimot Ladipo. 

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (new matter is printed in italic 

and existing law in which no change is proposed is shown in 

roman): 

NATIONAL CAPITAL TRANSPORTATION ACT OF 1969 

* * * * * * * 

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 

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. 

(3) Such Federal grants may be used only for the maintenance and upkeep of the systems of the Transit Authority as of 

the date of the enactment of the National Capital Transportation Amendments Act of 2007 and may not be used to increase the mileage of the rail system. 


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(c) APPLICABILITY OF REQUIREMENTS FOR MASS TRANSPORTATION

CAPITAL PROJECTS RECEIVING FUNDS UNDER FEDERAL TRANSPOR- TATION 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) ACCESS TO WIRELESS SERVICES IN METRORAIL SYSTEM.— (1) REQUIRING TRANSIT AUTHORITY TO PROVIDE ACCESS TO

SERVICE.—No amounts may be provided to the Transit Authority pursuant to the authorization under this section unless the 

Transit Authority ensures that customers of the rail service of 

the Transit Authority have access within the rail system to services provided by any licensed wireless provider that notifies the 

Transit Authority (in accordance with such procedures as the 

Transit Authority may adopt) of its intent to offer service to the 

public, in accordance with the following timetable: 

(A) Not later than 1 year after the date of the enactment 

of the National Capital Transportation Amendments Act of 

2007, in the 20 underground rail station platforms with the 

highest volume of passenger traffic. 

(B) Not later than 4 years after such date, throughout the 

rail system. 

(2) ACCESS OF WIRELESS PROVIDERS TO SYSTEM FOR UPGRADES AND MAINTENANCE.—No amounts may be provided to 

the Transit Authority pursuant to the authorization under this 


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section unless the Transit Authority ensures that each licensed 

wireless provider who provides service to the public within the 

rail system pursuant to paragraph (1) has access to the system 

on an ongoing basis (subject to such restrictions as the Transit 

Authority may impose to ensure that such access will not unduly impact rail operations or threaten the safety of customers 

or employees of the rail system) to carry out emergency repairs, 

routine maintenance, and upgrades to the service. 

(3) PERMITTING REASONABLE AND CUSTOMARY CHARGES.—

Nothing in this subsection may be construed to prohibit the 

Transit Authority from requiring a licensed wireless provider to 

pay reasonable and customary charges for access granted under 

this subsection. 

(4) REPORTS.—Not later than 1 year after the date of the enactment of the National Capital Transportation Amendments 

Act of 2007, and each of the 3 years thereafter, the Transit Authority shall submit to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the 

Senate a report on the implementation of this subsection. 

(5) DEFINITION.—In this subsection, the term ‘‘licensed wireless provider’’ means any provider of wireless services who is 

operating pursuant to a Federal license to offer such services to 

the public for profit. 

(f) CAP ON OVERTIME PAY.—

(1) IN GENERAL.—No amounts may be provided to the Transit 

Authority pursuant to the authorization under this section unless the Transit Authority certifies to the Secretary of Transportation that the amount of overtime compensation paid to any 

employee of the Transit Authority with respect to any pay period does not exceed 1⁄3 of the employee’s rate of basic pay for 

such period. 

(2) EFFECTIVE DATE.—Paragraph (1) shall apply with respect 

to pay periods beginning on or after the date of the enactment 

of the National Capital Transportation Amendments Act of 

2007. 

(g) EXCLUSION OF OVERTIME PAY IN CALCULATION OF ANNUAL

SALARY USED FOR DETERMINING AMOUNT OF RETIREMENT ANNUITY.— 

(1) IN GENERAL.—To the extent consistent with collective bargaining agreements, no amounts may be provided to the Transit 

Authority pursuant to the authorization under this section unless the Transit Authority certifies to the Secretary of Transportation that, in determining the amount of any annuity paid to 

an individual who is separated from employment with the 

Transit Authority which is based in whole or in part on the 

compensation paid to the individual during any year, there 

shall be excluded from the determination of the compensation 

paid to the individual during the year any amounts paid as 

overtime compensation. 

(2) EFFECTIVE DATE.—Paragraph (1) shall apply with respect 

to compensation paid to an individual during years beginning 

after the date of the enactment of the National Capital Transportation Amendments Act of 2007. 


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(h) 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. 

(i) AVAILABILITY.—Amounts appropriated pursuant to the authorization under this section shall remain available until expended. 

* * * * * * * 


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(18) 

ADDITIONAL VIEWS OF RANKING MEMBER TOM DAVIS 

These additional views are being submitted in support of H.R. 

401, the National Capital Transportation Amendments Act of 2007. 

This legislation would reaffirm the federal government’s longstanding commitment to the regional bus and rail system critical 

to keeping the government open and operating efficiently. 

As we have discussed before, the precedent for federal investment in the region’s rail and bus system dates back to 1960, when 

President Eisenhower signed the ‘‘National Capital Transportation 

Act,’’ creating the agency responsible for developing a regional rail 

system for the Nation’s Capital. Since that time, Congress has periodically infused the system with funding for construction of the 

original 103-mile system. 

The federal government has a vested interest in the long-term 

sustainability of the Metro system. After all, approximately half of 

the system’s peak ridership is composed of federal employees and 

contractors and over 50 federal agencies in the National Capital 

Region are located adjacent to Metro stations. These federal agencies rely on WMATA to get their employees to and from the workplace year-round, in all types of weather. 

Unlike other transit systems throughout the country, however, 

the Washington Metropolitan Area Transit Authority cannot generate revenues from the property adjacent to Metro stations because the property is disproportionately occupied by federal buildings, embassies and non-profit organizations. H.R. 401 makes up 

for this discrepancy. 

In exchange for the reauthorization of federal funding, H.R. 401 

would require Maryland, D.C. and Virginia to, at long last, develop 

dedicated funding sources for the Metro system. To address some 

of the management challenges facing Metro, H.R. 401 would also 

establish an inspector general for the Washington Metropolitan 

Area Transit Authority to oversee its spending and finances, and 

it would add four federal members to WMATA’s Board of Directors. 

In addition, the legislation would make cell phone service more 

available to passengers by requiring Metro to allow for the provision of and upgrade to commercial wireless phone services throughout the rail system. 

The House passed legislation similar to H.R. 401 last Congress 

but we were unable to get it through the Senate before time ran 

out. I appreciate the Chairman’s commitment to moving this legislation in the 110th Congress. 

TOM DAVIS. 

Æ 


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