I
107TH CONGRESS
1ST SESSION
H. R. 3366
To reduce traffic congestion, promote economic development, and improve
the quality of life in the metropolitan Washington region.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 28, 2001
Mr. MORAN of Virginia (for himself, Ms. NORTON, and Mr. WYNN) introduced
the following bill; which was referred to the Committee on Transportation
and Infrastructure
A BILL
To reduce traffic congestion, promote economic development,
and improve the quality of life in the metropolitan Wash-
ington region.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Metropolitan Wash-
ington Regional Transportation Act’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) congestion is a serious problem in the met-
ropolitan Washington region, as evidenced by recent
studies that have found that congestion costs each
man, woman, and child in the region close to $800
per year in lost time, wasted fuel, and environmental
damage;
(2) in the past, regional leaders have success-
fully worked together to address important transpor-
tation needs, through such institutions as the Metro-
politan Washington Airports Authority, the Wash-
ington Metropolitan Area Transit Authority, and the
National Capital Region Transportation Planning
Board at the Metropolitan Washington Council of
Governments;
(3) even greater regional cooperation is needed
to prevent congestion in the metropolitan Wash-
ington region from worsening, in light of predictions
that there will be a 31 percent increase in popu-
lation, a 41 percent increase in employment, and a
46 percent increase in vehicle miles traveled in the
region over the next 25 years;
(4) while transportation needs will grow signifi-
cantly over the next 25 years, spending is expected
to fall short of transportation needs over the same
period by more than $43.5 billion, even with ex-
pected increases in Federal and State spending;
(5) none of the existing metropolitan-wide
transportation agencies within the metropolitan
Washington region has the necessary powers, au-
thorities, and resources to meet the current and fu-
ture transportation needs of the region;
(6) the failure to meet the transportation needs
of the metropolitan Washington region will under-
mine the quality of life of the residents of the region,
degrade the natural environment, and adversely af-
fect the ability of Federal agencies and private sec-
tor businesses to operate effectively and efficiently;
(7) the transportation challenges faced by the
metropolitan Washington region are unique and de-
serve the attention of Congress because of the pres-
ence of the Federal Government within the region
and because of the intersection of 3 jurisdictions,
consisting of 2 States and the District of Columbia,
within a single metropolitan area;
(8) the National Capital Region Transportation
Planning Board at the Metropolitan Washington
Council of Governments, the designated metropolitan
planning organization for planning and program-
ming Federal transit and highway funds provided to
the metropolitan Washington region, is updating the
long-range plan for the region to meet transpor-
tation needs in the coming decades; and
(9) with Federal assistance, the Board can
more effectively promote regional agreement on how
to finance and implement its long-range plan to
meet the transportation needs of the metropolitan
Washington region.
SEC. 3. PURPOSES.
The purposes of this Act are—
(1) to provide a new option to help the metro-
politan Washington region more effectively address
its transportation needs;
(2) to empower the National Capital Region
Transportation Planning Board to consult with the
metropolitan Washington region jurisdictions and
the public to achieve consensus on a list of critical
transportation projects and a funding mechanism
that are needed to address the growing congestion
crisis in the region but cannot be funded within the
current and forecasted Federal, State, and local
funding levels for such projects;
(3) to establish a Corporation with the power to
accept revenue and issue debt to provide funding for
projects that have been agreed to by the region;
(4) to grant consent to the metropolitan Wash-
ington region jurisdictions to enter into an interstate
compact or agreement that would help meet the re-
gion’s long-term transportation needs; and
(5) to provide Federal matching grants to the
region to promote consensus on a regional funding
mechanism.
SEC. 4. DEFINITIONS.
In this Act:
(1) BOARD.—The term ‘‘Board’’ means the Na-
tional Capital Region Transportation Planning
Board at the Metropolitan Washington Council of
Governments.
(2) CORPORATION.—The term ‘‘Corporation’’
means 
the 
Metropolitan 
Washington 
Regional
Transportation Corporation established by section
6(a).
(3) METROPOLITAN WASHINGTON REGION; RE-
GION.—The term ‘‘metropolitan Washington region’’
or ‘‘region’’ means the area that is—
(A) located in the area including and sur-
rounding Washington, District of Columbia;
and
(B) under the jurisdiction of the members
of the Board.
(4) METROPOLITAN WASHINGTON REGION JU-
RISDICTION.—The term ‘‘metropolitan Washington
region jurisdiction’’ means a jurisdiction represented
by a member of the Board.
(5) PROJECT.—The term ‘‘project’’ means any
effort to reduce traffic congestion or improve travel
options in the metropolitan Washington region,
including—
(A) the design, construction, and mainte-
nance of facilities or services;
(B) the operation of such facilities;
(C) the provision of services;
(D) the deployment of demand reduction
and traffic management measures; and
(E) any effort to improve coordination of
transportation planning and land use planning.
(6) SIGNATORY.—The term ‘‘signatory’’ means
a metropolitan Washington region jurisdiction that
enters into an interstate compact or agreement
under section 5(d).
SEC. 5. DUTIES OF THE BOARD.
(a) DUTIES.—
(1) IN GENERAL.—The Board shall—
(A)(i) propose a list of priority transpor-
tation projects that—
(I) are needed to address the growing
congestion crisis in the metropolitan Wash-
ington region; and
(II) cannot be funded with Federal,
State, and local transportation funds that
are projected to be made available for the
metropolitan Washington region;
(ii) propose a regional funding mechanism
to fund the needed projects; and
(iii) manage the Corporation to provide
funding for regional transportation projects;
(B) provide notice and opportunity for
comment on its efforts under this Act by metro-
politan Washington region jurisdictions and the
public;
(C) conduct outreach and education activi-
ties to promote public participation;
(D) promote cooperative action by metro-
politan Washington region jurisdictions on re-
gional transportation issues; and
(E) if necessary, assist metropolitan Wash-
ington region jurisdictions in developing an
interstate compact or agreement to better meet
regional transportation needs.
(2) LIMITATIONS.—The Board shall not have
the power to—
(A) impose a tax; or
(B) preempt any Federal, State, or local
law (including a regulation).
(b) BOARD SUPPORT.—The Board shall use staff of
the Board and may employ such additional personnel and
agents as are necessary to carry out this Act, including
public outreach staff to meet the public participation re-
quirements of titles 23 and 49, United States Code.
(c) TIMETABLE.—The Board shall—
(1) develop and publish a first draft proposal
listing regional projects and regional funding mecha-
nisms not later than 210 days after the date of en-
actment of this Act;
(2) provide an opportunity for public comment
on the first draft proposal during the period begin-
ning on the date of publication of the first draft pro-
posal and ending not earlier than 90 days after that
date; and
(3) not later than 2 years after the date of en-
actment of this Act, develop and publish a final pro-
posal; and
(4) prior to implementation of any regional
project or regional funding mechanism included in
the final proposal, obtain approval of the final pro-
posal from—
(A) the Governor of the State of Virginia;
(B) the Governor of the State of Maryland;
and
(C) the Mayor of the District of Columbia.
(d) INTERSTATE COMPACT OR AGREEMENT.—
(1) IN GENERAL.—Subject to paragraph (2),
Congress grants consent to 1 or more of the metro-
politan Washington region jurisdictions to enter into
an interstate compact or agreement to finance and
implement 1 or more of the priority projects from
the long-range plan of the Board, if consent is
granted by—
(A) the Governor of each State that enters
into the compact or agreement; and
(B) if the District of Columbia enters into
the compact or agreement, the Mayor of the
District of Columbia.
(2) REQUIREMENTS.—The interstate compact
or agreement shall—
(A) include a list of regional transportation
projects and a regional funding mechanism to
fund the projects; and
(B) include a time limit of not more than
2 years for approval by the metropolitan Wash-
ington region jurisdictions.
(e) PLANNING PROCESS.—In carrying out this Act,
the Board shall—
(1) comply with the planning requirements of
titles 23 and 49, United States Code; and
(2)(A) ensure that the public has a full oppor-
tunity to participate in the planning process; and
(B) work with citizen advisory committees rep-
resenting all points of view, including business, envi-
ronmental, transportation, senior citizens, youth,
disabled, and neighborhood associations.
SEC. 6. IMPLEMENTATION OF LONG-RANGE PLAN FOR THE
METROPOLITAN WASHINGTON REGION.
(a) METROPOLITAN WASHINGTON REGIONAL TRANS-
PORTATION CORPORATION.—
(1) ESTABLISHMENT.—There is established the
Metropolitan Washington Regional Transportation
Corporation.
(2) GENERAL POWERS.—
(A) IN GENERAL.—The Corporation shall
be a body corporate and politic, and an instru-
mentality of the Board, having the powers and
jurisdiction described in this Act and such addi-
tional powers as are conferred on the Corpora-
tion by the Board, to the extent that the addi-
tional powers are consistent with this Act.
(B) ADMINISTRATION.—The Corporation
shall be governed in accordance with this Act
and shall be subject to such other provisions as
the Board determines to be appropriate.
(3) GENERAL LIMITATIONS.—The Corporation
shall not have the power to—
(A) impose a tax; or
(B) preempt any Federal, State, or local
law (including a regulation).
(4) DUTIES.—The Corporation shall assist in
the management of any initial funding and imple-
mentation plan agreed to by the signatories.
(5) PUBLIC ACCOUNTABILITY.—
(A) PUBLIC
NOTICE
AND
PARTICIPA-
TION.—The Corporation shall be subject to the
requirements of chapter 5 of title 5, United
States Code, concerning public notice of, and
participation at, all meetings of the Corpora-
tion.
(B) FREEDOM
OF
INFORMATION
ACT.—
The Corporation shall be considered to be an
agency for the purpose of compliance with re-
quests under section 552 of title 5, United
States Code.
(C) COMPLIANCE WITH LAWS GOVERNING
TRANSPORTATION.—Projects funded by the
Corporation shall be considered to be federally
funded projects subject to—
(i) the National Historic Preservation
Act (16 U.S.C. 470 et seq.);
(ii) the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.);
(iii) the Clean Air Act (42 U.S.C.
7401 et seq.); and
(iv) section 303 of title 49, United
States Code.
(6) EFFECTIVE
ANALYSIS.—In assessing the
impact of projects under consideration for funding,
the Corporation shall use analytical tools consistent
with state-of-the-art practices, in accordance with
applicable Federal regulations and guidance.
(7) POWERS.—The Corporation shall have the
power—
(A) to acquire personal and real property
(including land lying under water and riparian
rights), or any easement or other interest in
real property, by purchase, lease, gift, transfer,
or exchange;
(B) to apply for and accept any property,
material, 
service, 
payment, 
appropriation,
grant, gift, loan, advance, or other fund that is
transferred or made available to the Corpora-
tion by the Federal Government or by any other
public or private entity or individual;
(C) to borrow money on a short-term basis
and issue notes of the Corporation for the bor-
rowing payable on such terms and conditions as
the Corporation considers advisable, and to
issue long-term or short-term tax-exempt bonds
in the discretion of the Corporation for any
purpose consistent with this Act, which notes
and bonds—
(i) shall not constitute—
(I) a debt of the United States
(or any political subdivision of the
United States); or
(II) a general obligation of a
metropolitan Washington region juris-
diction (or any political subdivision of
a metropolitan Washington region ju-
risdiction), unless consented to by the
jurisdiction (or political subdivision);
and
(ii) may be secured solely by the gen-
eral revenues of the Corporation or by
other revenues in the discretion of the Cor-
poration;
(D) to permit single-occupancy vehicles to
travel on high-occupancy lanes in the region,
if—
(i) the affected signatory or signato-
ries consent to charge tolls to single-occu-
pancy vehicles given access to high-occu-
pancy lanes;
(ii) the toll can be implemented in a
way that does not reduce the level of serv-
ice; and
(iii) the affected signatory or signato-
ries consent to use the toll revenues for re-
gional transportation projects;
(E) to enter into any contract or agree-
ment appropriate to the performance of the du-
ties of the Corporation;
(F) to enter into partnerships or grant
concessions between the public and private sec-
tors for the purpose of—
(i) financing, constructing, maintain-
ing, improving, or operating regional trans-
portation facilities in the metropolitan
Washington region; or
(ii) fostering development of a new
transportation technology;
(G) to obtain any necessary Federal au-
thorization, permit, or approval for the con-
struction, repair, maintenance, or operation of
regional transportation facilities in the metro-
politan Washington region;
(H) to adopt an official seal and alter the
seal, as the Corporation considers to be appro-
priate;
(I) to appoint 1 or more advisory commit-
tees;
(J) to sue and be sued in the name of the
Corporation;
(K) to contract with State or local govern-
ments, or other entities, to carry out such
maintenance of traffic activities during con-
struction of regional transportation facilities in
the metropolitan Washington region as are con-
sidered to be necessary by the Corporation to
properly manage traffic and minimize conges-
tion, such as—
(i) public information campaigns;
(ii) improvements designed to encour-
age appropriate use of alternative routes;
(iii) use of high occupancy vehicles
and transit services; and
(iv) deployment and operation of intel-
ligent transportation system technologies;
(L) to carry out any activity appropriate to
the exercise of the powers or performance of the
duties of the Corporation under this Act and
under any interstate compact or agreement re-
lating to the Corporation that is consistent with
this Act, if the activity is coordinated and con-
sistent with the transportation planning process
implemented by the metropolitan planning orga-
nization for the metropolitan Washington re-
gion under section 134 of title 23, United
States Code, and section 5303 of title 49,
United States Code; and
(M) to work with the metropolitan Wash-
ington region jurisdictions to improve coordina-
tion of transportation planning and land use
planning.
(b) REPORTS.—The Secretary of Transportation
shall submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Environment and Public Works of the Senate—
(1) not later than 1 year after the date of en-
actment of this Act, an interim report on the
progress of the Board in developing cooperative
transportation plans and regional funding mecha-
nisms to meet transportation needs in the metropoli-
tan Washington region; and
(2) not later than 3 years after the date of en-
actment of this Act, a final report on the results of
the actions of the Board in developing cooperative
transportation plans and regional funding mecha-
nisms to meet transportation needs in the metropoli-
tan Washington region.
SEC. 7. MAINTENANCE OF FUNDING AND EFFORT.
The funding provided under any regional transpor-
tation program developed under this Act shall supplement
(and not supplant) other Federal, State, and local trans-
portation funding for the metropolitan Washington region
jurisdictions. In using funds provided under this Act, a
metropolitan Washington region jurisdiction shall main-
tain the expenditures of the jurisdiction for transportation
in the metropolitan Washington region, at a level that is
not less than the level of the expenditures maintained by
the jurisdiction for the fiscal year preceding the fiscal year
for which the funds are received.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) ADMINISTRATIVE COSTS.—There is authorized to
be appropriated to carry out this Act $300,000 for each
of fiscal years 2002 through 2004, of which not less
than—
(1) $100,000 shall be used by the Board for
salaries and administrative expenses of experts in fi-
nancing and developing interstate compacts or
agreements; and
(2) $200,000 shall be used by the Board to
support a collaborative planning process, to dissemi-
nate information to the public, and to pay the sala-
ries and administrative expenses of public outreach
staff.
(b) INCENTIVE GRANTS.—There is authorized to be
appropriated $20,000,000 for each of fiscal years 2004
through 2006 to provide up to 25 percent of the cost of
regional projects agreed to by the signatories under sec-
tion 5(d).
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