I 
109TH CONGRESS 
1ST SESSION H. R. 3496 
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 
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-
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 
‘‘National Capital Transportation Amendments Act of 
2005’’.
(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 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. 
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 CONTRIBU-
TION 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 in-
cluded 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 sub-
ject 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 in-
volved, and shall be provided in cash from sources 
other than Federal funds or revenues from the oper-
ation of public mass transportation systems. Con-
sistent 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 re-
serves available in cash, or new capital. 
‘‘(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 au-
thorization 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) 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 ‘dedi-
cated 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 
accordance with section 3 of the National Capital 
Transportation Amendments Act of 2005. 
‘‘(3) An amendment expanding the Board of 
Directors of the Transit Authority to include two ad-
ditional Directors appointed by the Administrator of 
General Services, one of whom shall be nonvoting. 
‘‘(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 
$1,500,000,000 to be available in increments over 10 fis-
cal years beginning in fiscal year 2007, or until expended. 
‘‘(f) AVAILABILITY.—Amounts appropriated pursu-
ant 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 Metropoli-
tan Area Transit Authority (hereafter referred to as
the ‘‘Transit Authority’’) shall establish in the Tran-
sit Authority the Office of the Inspector General 
(hereafter in this section referred to as the ‘‘Of-
fice’’), headed by the Inspector General of the Tran-
sit 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 Author-
ity 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 affili-
ation and solely on the basis of integrity and dem-
onstrated ability in accounting, auditing, financial 
analysis, law, management analysis, public adminis-
tration, 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 mem-
bers of the Board of Directors of the Transit Au-
thority, and the Board shall communicate the rea-
sons for any such removal to the Governor of Mary-
land, the Governor of Virginia, the Mayor of the 
District of Columbia, the chair of the Committee on 
Government Reform of the House of Representa-
tives, 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
ESTABLISH-
MENT.—The Inspector General shall carry out the 
same duties and responsibilities with respect to the 
Transit Authority as an Inspector General of an es-
tablishment carries out with respect to an establish-
ment 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 re-
sponsible for conducting the annual audit of the fi-
nancial accounts of the Transit Authority, either di-
rectly 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 pre-
pare and submit semiannual reports summa-
rizing the activities of the Office in the same 
manner, and in accordance with the same dead-
lines, 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 con-
sidered 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 pur-
suant to this paragraph. 
(B) ANNUAL REPORTS TO LOCAL SIGNA-
TORY
GOVERNMENTS
AND
CONGRESS.—Not 
later than March 31 of each year, the Inspector 
General shall prepare and submit a report sum-
marizing the activities of the Office during the 
previous year, and shall submit such reports to
the Governor of Maryland, the Governor of Vir-
ginia, the Mayor of the District of Columbia, 
the chair of the Committee on Government Re-
form 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 EM-
PLOYEES 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-
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 
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.
(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. 
(5) INDEPENDENCE
IN
CARRYING
OUT
DU-
TIES.—Neither the Board of Directors of the Tran-
sit Authority, the General Manager of the Transit 
Authority, nor any other member or employee of the 
Transit Authority may prevent or prohibit the In-
spector 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 es-
tablishment may exercise with respect to an estab-
lishment under section 6(a) of the Inspector General 
Act of 1978 (5 U.S.C. App. 6(a)), other than para-
graphs (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 coordi-
nating the activities of the Inspector Gen-
eral 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 In-
spector 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 employ-
ees of the Transit System shall apply with re-
spect 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 af-
fect 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 commu-
nications 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 sec-
tion carried out any of the duties and responsibilities as-
signed 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. RESTRICTIONS ON DISPOSITION OF CERTAIN PROP-
ERTIES. 
(a) PROHIBITION
ON DISPOSITION
OF CERTAIN 
PROPERTY.— 
(1) IN GENERAL.—The Washington Metropoli-
tan Area Transit Authority (hereafter in this section 
referred to as the ‘‘Transit Authority’’) may not sell, 
lease, or otherwise convey or dispose of the property 
described in paragraph (2). 
(2) PROPERTY DESCRIBED.—The property de-
scribed in this subsection consists of approximately 
3.75 acres located in Fairfax County, Virginia, and 
is contained in all or part of the following parcels on 
the Fairfax County tax map: 
(A) Parcel 48—1((1)), 90 Portion. 
(B) Parcel 48—1((1)), 91B Portion. 
(C) Parcel 48—1((6)), 7A. 
(D) Parcel 48—1((6)), 8B. 
(E) Parcel 48—1((24)), 38A. 
(b) CONDITIONS
FOR DISPOSITION
OF CERTAIN 
PROPERTY.— 
(1) IN GENERAL.—The Transit Authority may 
not sell, lease, or otherwise convey or dispose of the
property described in paragraph (2) unless the 
Transit Authority meets each of the following condi-
tions: 
(A) The Transit Authority has met with 
the Mayor and members of the Council of the 
City of Takoma Park, Maryland, and commu-
nity representatives designated by the Mayor to 
discuss concerns related to the disposition of 
such property. 
(B) The Transit Authority has presented a 
development plan for the property which— 
(i) facilitates the movement of buses 
and other vehicular traffic, pedestrians, 
and bicycles to and from the Takoma Met-
rorail station, and provides sufficient bus 
bays so that the development of the prop-
erty will not cause a direct increase in traf-
fic, congestion, or pollution in neighbor-
hoods surrounding the station; and 
(ii) preserves and enhances public 
green space on the property. 
(C) The Transit Authority has submitted a 
statement to the Committee on Government Re-
form of the House of Representatives and the 
Committee on Homeland Security and Govern-
mental Affairs of the Senate certifying that the 
Transit Authority has met the conditions de-
scribed in subparagraphs (A) and (B). 
(2) PROPERTY DESCRIBED.—The property de-
scribed in this paragraph consists of Lots 820, 821, 
822, 823, 829, 831, 832, 833, 839, 840, 841, 845, 
846, 847, 848, 849, 850, and 851 in Square 3352 
and Lots 811, 812, and 813 in Square 3353 of the 
District of Columbia Real Property Assessment 
Database. 
(c) RESTRICTIONS ON DEVELOPMENT OF CERTAIN 
PROPERTIES.— 
(1) RESTRICTION.—The Transit Authority may 
not sell, lease, or otherwise convey any of the real 
property described in paragraph (2) other than in 
accordance with a development plan for the property 
which meets the following requirements: 
(A) The plan shall require that any portion 
of the property used for residential purposes 
shall be used only for owner-occupied, multi- 
family dwellings. 
(B) The plan must provide for the use of 
a portion of the property for commercial pur-
poses.
(C) The plan shall be developed in con-
sultation with appropriate representatives of the 
local governments and communities for the area 
in which the property is located. 
(2) PROPERTY DESCRIBED.—The property de-
scribed in this paragraph is any real property of the 
Transit Authority which is located within one mile 
of the Largo Town Center Metro Rail Station. 
(d) NO EFFECT ON OTHER AUTHORITIES.—Except 
as specifically provided, nothing in this section may be 
construed to affect any law, rule, or regulation governing 
the development or disposition of real property of the 
Transit Authority. 
SEC. 5. 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 Sen-
ate on the study conducted under subsection (a). 
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