U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

59–010 

" ! SENATE 

114TH CONGRESS

1st Session 

REPORT

2015

114–170 

Calendar No. 304 

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 


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(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

RON JOHNSON, Wisconsin, Chairman 

JOHN MCCAIN, Arizona 

ROB PORTMAN, Ohio 

RAND PAUL, Kentucky 

JAMES LANKFORD, Oklahoma 

MICHAEL B. ENZI, Wyoming 

KELLY AYOTTE, New Hampshire 

JONI ERNST, Iowa 

BEN SASSE, Nebraska 

THOMAS R. CARPER, Delaware 

CLAIRE MCCASKILL, Missouri 

JON TESTER, Montana 

TAMMY BALDWIN, Wisconsin 

HEIDI HEITKAMP, North Dakota 

CORY A. BOOKER, New Jersey 

GARY C. PETERS, Michigan 

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 


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1Pub. L. No. 110–432. 

Calendar No. 304 

114TH CONGRESS SENATE REPORT " ! 1st Session 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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2 

2The Bylaws of the Washington Metropolitan Area Transit Authority Board of Directors 

http://www.wmata.com/aboutlmetro/docs/Bylaws.pdf (last accessed Nov. 19, 2015). 3 Id. 

4Washington Metropolitan Area Transit Authority, Board of Directors, http:// 

www.wmata.com/aboutlmetro/boardlofldirectors/ (last accessed Nov. 19, 2015). 5Pub. L. No. 110–432. 

6Discussions between GSA and Committee Staff (Oct. 2015); see generally, General Services 

Administration, Welcome, http://www.gsa.gov/thisisgsa/#/welcome (last accessed Nov. 18, 

2015). 

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

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

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

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. 


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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 


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meaning of clauses (a) and (b) of paragraph 12 of rule XXVI of the 

Standing Rules of the Senate. 

Æ 


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