IB 
Union Calendar No. 245 
109TH CONGRESS 
2D SESSION 
H. R. 3496 
[Report No. 109–440] 
To amend the National Capital Transportation Act of 1969 to authorize 
additional Federal contributions for maintaining and improving the tran-
sit system of the Washington Metropolitan Area Transit Authority, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 28, 2005 
Mr. TOM DAVIS of Virginia (for himself, Mr. WOLF, Mr. HOYER, Ms. NOR-
TON, Mr. MORAN of Virginia, Mr. WYNN, Mr. VAN HOLLEN, and Mr. 
CARDIN) introduced the following bill; which was referred to the Com-
mittee on Government Reform 
APRIL 26, 2006 
Additional sponsor: Mr. BLUMENAUER 
APRIL 26, 2006 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on July 28, 2005] 
A BILL 
To amend the National Capital Transportation Act of 1969 
to authorize additional Federal contributions for main-
taining and improving the transit system of the Wash-
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ington Metropolitan Area Transit Authority, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; FINDINGS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Na-
tional Capital Transportation Amendments Act of 2005’’. 
(b) FINDINGS.—Congress finds as follows: 
(1) Metro, the public transit system of the Wash-
ington metropolitan area, is essential for the contin-
ued 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 ap-
propriations for the construction and capital im-
provement 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. 
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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 suc-
ceeding provisions of this section, the Secretary of Trans-
portation is authorized to make grants to the Transit Au-
thority, 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 pur-
suant 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 per-
cent of the net project cost of the project involved, and 
shall be provided in cash from sources other than Fed-
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eral 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 sole-
ly from undistributed cash surpluses, replacement or 
depreciation funds or reserves available in cash, or 
new capital. 
‘‘(c) APPLICABILITY OF REQUIREMENTS FOR MASS 
TRANSPORTATION CAPITAL PROJECTS RECEIVING FUNDS 
UNDER FEDERAL TRANSPORTATION LAW.—Except as spe-
cifically provided in this section, the use of any amounts 
appropriated pursuant to the authorization under this sec-
tion shall be subject to the requirements applicable to cap-
ital 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 require-
ments are inconsistent with the purposes of this section. 
‘‘(d) AMENDMENTS TO COMPACT.—No amounts may 
be provided to the Transit Authority pursuant to the au-
thorization under this section until the Transit Authority 
notifies the Secretary of Transportation that each of the fol-
lowing amendments to the Compact (and any further 
amendments which may be required to implement such 
amendments) have taken effect: 
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‘‘(1) An amendment requiring all payments 
made by the local signatory governments for the 
Transit Authority and for the cost of operating and 
maintaining the adopted regional system are made 
from amounts derived from dedicated funding sources. 
For purposes of this paragraph, a ‘dedicated funding 
source’ is any source of funding which is earmarked 
and required under State or local law to be used for 
payments to the Transit Authority. 
‘‘(2) An amendment establishing the Office of the 
Inspector General of the Transit Authority in accord-
ance with section 3 of the National Capital Transpor-
tation Amendments Act of 2005. 
‘‘(3) An amendment expanding the Board of Di-
rectors of the Transit Authority to include 4 addi-
tional 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 Au-
thority. 
‘‘(e) AMOUNT.—There are authorized to be appro-
priated to the Secretary of Transportation for grants under 
this 
section 
an 
aggregate 
amount 
not 
to 
exceed 
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$1,500,000,000 to be available in increments over 10 fiscal 
years beginning in fiscal year 2007, or until expended. 
‘‘(f) AVAILABILITY.—Amounts appropriated pursuant 
to the authorization under this section— 
‘‘(1) shall remain available until expended; and 
‘‘(2) shall be in addition to, and not in lieu of, 
amounts available to the Transit Authority under 
chapter 53 of title 49, United States Code, or any 
other provision of law.’’. 
SEC. 3. WASHINGTON METROPOLITAN AREA TRANSIT AU-
THORITY 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 (here-
after in this section referred to as the ‘‘Office’’), head-
ed by the Inspector General of the Transit Authority 
(hereafter in this section referred to as the ‘‘Inspector 
General’’). 
(2) DEFINITION.—In paragraph (1), the ‘‘Wash-
ington Metropolitan Area Transit Authority’’ means 
the Authority established under Article III of the 
Washington Metropolitan Area Transit Authority 
Compact (Public Law 89–774). 
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(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 ap-
pointed without regard to political affiliation and 
solely on the basis of integrity and demonstrated abil-
ity in accounting, auditing, financial analysis, law, 
management analysis, public administration, or in-
vestigations, 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 Com-
mittee on Homeland Security and Governmental Af-
fairs of the Senate. 
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(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 Au-
thority 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 respon-
sible for conducting the annual audit of the financial 
accounts of the Transit Authority, either directly or 
by contract with an independent external auditor se-
lected by the Inspector General. 
(3) REPORTS.— 
(A) SEMIANNUAL REPORTS TO TRANSIT AU-
THORITY.—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 es-
tablishment under section 5 of the Inspector Gen-
eral Act of 1978 (5 U.S.C. App. 5). For purposes 
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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 es-
tablishment, except that the Inspector General 
shall transmit to the General Manager of the 
Transit Authority a copy of any report sub-
mitted 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 Gov-
ernor 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 Govern-
mental Affairs of the Senate. 
(4) INVESTIGATIONS OF COMPLAINTS OF EMPLOY-
EES AND MEMBERS.— 
(A) AUTHORITY.—The Inspector General 
may receive and investigate complaints or infor-
mation from an employee or member of the 
Transit Authority concerning the possible exist-
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ence 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 Gen-
eral shall not, after receipt of a complaint or in-
formation 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 investiga-
tion. 
(C) PROHIBITING
RETALIATION.—An em-
ployee or member of the Transit Authority who 
has authority to take, direct others to take, rec-
ommend, or approve any personnel action, shall 
not, with respect to such authority, take or 
threaten to take any action against any em-
ployee or member as a reprisal for making a 
complaint or disclosing information to the In-
spector 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. 
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(5) INDEPENDENCE IN CARRYING OUT DUTIES.— 
Neither the Board of Directors of the Transit Author-
ity, the General Manager of the Transit Authority, 
nor any other member or employee of the Transit Au-
thority 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 Tran-
sit Authority as an Inspector General of an establish-
ment 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 ap-
point and fix the pay of— 
(i) an Assistant Inspector General for 
Audits, who shall be responsible for coordi-
nating the activities of the Inspector Gen-
eral relating to audits; 
(ii) an Assistant Inspector General for 
Investigations, who shall be responsible for 
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