298 
tion of the projects and Federal legislation that 
would be required to implement the projects; and 
(I) any other recommendations by the com-
mission concerning the proposed projects. 
(2) VERBAL PRESENTATION.—Proposers shall be 
given an opportunity to make a verbal presentation 
to the commission to explain their proposals. 
(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Sec-
retary for the use of each commission established 
under subsection (b)(2) such sums as are necessary to 
carry out this section. 
(e) SELECTION BY SECRETARY.— 
(1) Not later than 60 days after receiving the 
recommended proposals of the commissions established 
under subsection (b)(2), the Secretary shall— 
(A) review such proposals and select any 
proposal which provides substantial benefits to 
the public and the national transportation sys-
tem, is cost-effective, offers significant advantages 
over existing services, and meets other relevant 
factors determined appropriate by the Secretary; 
and 
(B) issue a report to the Committee on 
Transportation and Infrastructure of the House
299 
of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate 
containing any proposal with respect to sub-
section (a)(1)(A) that is selected by the Secretary 
under subparagraph (A) of this paragraph, all 
the information regarding the proposal provided 
to the Secretary under subsection (d), and any 
other relevant information deemed appropriate. 
(2) Following the submission of the report under 
paragraph (1)(B), the Secretary shall transmit to the 
Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate 
a report containing any proposal with respect to sub-
paragraphs (B) through (K) of subsection (a)(1) that 
are selected by the Secretary under paragraph (1) of 
this subsection, all the information regarding the pro-
posal provided to the Secretary under subsection (d), 
and any other relevant information deemed appro-
priate. 
(3) The report required under paragraph (2) 
shall not be submitted by the Secretary until the re-
port submitted under paragraph (1) has been consid-
ered through a hearing by the Committee on Trans-
portation and Infrastructure of the House of Rep-
300 
resentatives and the Committee on Commerce, 
Science, and Transportation of the Senate on the re-
port submitted under paragraph (1)(B). 
(f) PRELIMINARY ENGINEERING.—For planning and 
preliminary engineering activities that meet the criteria of 
section 26101 of title 49, United States Code, (other than 
subsections (a) and (b)(2)) that are undertaken after the 
Secretary submits reports to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate as required under subsection (e), not 
to exceed $5,000,000 is authorized to be appropriated from 
funds made available under section 26104(a) of such title. 
Only 1 proposal for each corridor under subsection (a) shall 
be eligible for such funds. 
(g) NO ACTIONS WITHOUT ADDITIONAL AUTHORITY.— 
No Federal agency may take any action to implement, es-
tablish, facilitate, or otherwise act upon any proposal sub-
mitted under this section, other than those actions specifi-
cally authorized by this section, without explicit statutory 
authority enacted after the date of enactment of this Act. 
(h) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) INTERCITY
PASSENGER
RAIL.—The term 
‘‘intercity passenger rail’’ means intercity rail pas-
301 
senger transportation as defined in section 24102 of 
title 49, United States Code. 
(2) STATE.—The term ‘‘State’’ means any of the 
50 States or the District of Columbia. 
(3) NORTHEAST CORRIDOR.—The term ‘‘North-
east Corridor’’ has the meaning given under section 
24102 of title 49, United States Code. 
(4) HIGH-SPEED
RAIL
CORRIDOR.—The terms 
‘‘high-speed rail corridor’’ and ‘‘corridor’’ mean a 
corridor designated by the Secretary pursuant to sec-
tion 104(d)(2) of title 23, United States Code, and the 
Northeast Corridor. 
TITLE VI—CAPITAL AND PRE-
VENTIVE 
MAINTENANCE 
PROJECTS FOR WASHINGTON 
METROPOLITAN AREA TRAN-
SIT AUTHORITY 
SEC. 601. AUTHORIZATION FOR CAPITAL AND PREVENTIVE 
MAINTENANCE PROJECTS FOR WASHINGTON 
METROPOLITAN AREA TRANSIT AUTHORITY. 
(a) AUTHORIZATION.— 
(1) IN GENERAL.—Subject to the succeeding pro-
visions of this section, the Secretary of Transpor-
tation is authorized to make grants to the Transit 
Authority, in addition to the contributions authorized
302 
under sections 3, 14, and 17 of the National Capital 
Transportation Act of 1969 (sec. 9–1101.01 et seq., 
D.C. Official Code), for the purpose of financing in 
part the capital and preventive maintenance projects 
included in the Capital Improvement Program ap-
proved by the Board of Directors of the Transit Au-
thority. 
(2) DEFINITIONS.—In this section— 
(A) the term ‘‘Transit Authority’’ means the 
Washington Metropolitan Area Transit Author-
ity established under Article III of the Compact; 
and 
(B) the term ‘‘Compact’’ means the Wash-
ington Metropolitan Area Transit Authority 
Compact (80 Stat. 1324; Public Law 89–774). 
(b) USE OF FUNDS.—The Federal grants made pursu-
ant 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-
303 
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. 
(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 this Act 
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 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 author-
ization under this section until the Transit Authority noti-
304 
fies 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: 
(1)(A) An amendment requiring that all pay-
ments by the local signatory governments for the 
Transit Authority for the purpose of matching any 
Federal funds appropriated in any given year au-
thorized 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 fund-
ing which is earmarked or required under State or 
local law to be used to match Federal appropriations 
authorized under this division for payments to the 
Transit Authority. 
(2) An amendment establishing an Office of the 
Inspector General of the Transit Authority. 
(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
305 
members so appointed to be a regular passenger and 
customer of the bus or rail service of the Transit Au-
thority. 
(e) ACCESS TO WIRELESS SERVICE IN METRORAIL 
SYSTEM.— 
(1) REQUIRING TRANSIT AUTHORITY TO PROVIDE 
ACCESS TO SERVICE.—No amounts may be provided 
to the Transit Authority pursuant to the authoriza-
tion under this section unless the Transit Authority 
ensures that customers of the rail service of the Tran-
sit 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 this Act, 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
306 
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 re-
strictions as the Transit Authority may impose to en-
sure that such access will not unduly impact rail op-
erations or threaten the safety of customers or employ-
ees 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 con-
strued to prohibit the Transit Authority from requir-
ing a licensed wireless provider to pay reasonable and 
customary charges for access granted under this sub-
section. 
(4) REPORTS.—Not later than 1 year after the 
date of the enactment of this Act, 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 sub-
section.
307 
(5) DEFINITION.—In this subsection, the term 
‘‘licensed wireless provider’’ means any provider of 
wireless services who is operating pursuant to a Fed-
eral license to offer such services to the public for 
profit. 
(f) AMOUNT.—There are authorized to be appropriated 
to the Secretary of Transportation for grants under this sec-
tion 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. 
(g) AVAILABILITY.—Amounts appropriated pursuant 
to the authorization under this section shall remain avail-
able until expended. 
Attest: 
Clerk.
110TH CONGRESS 
2D SESSION 
H.R. 2095 
HOUSE AMENDMENT 
TO SENATE 
AMENDMENT