for a period not exceeding 180 days to an applicant who has filed an application for approval of a transaction covered by section 12, to operate the property sought to be acquired, if it shall appear that failure to grant such temporary approval would result in the destruction of, or injury to the property sought to be acquired, or to interfere substantially with their future usefulness in the performance of adequate and continuous service to the public.

Section 13 provides the procedures for the filing of complaints and the institution of investigations by the Commission. Under paragraph (a), any person may file a complaint in writing with the Commission with respect to acts of commission or omission by any carrier subject to the compact. The carrier against whom the complaint is directed shall be afforded an opportunity to satisfy the complaint and the Commission may dismiss any complaint without hearing, if it is of the opinion that such complaint does not state facts which warrant action. The Commission is required to give at least 10 days' notice for any hearings held upon such a complaint. Under paragraph (b), the Commission is authorized to conduct investigations upon its own initiative to determine whether any person has violated or is about to violate any provision of the compact or any rule issued thereunder, to aid in the enforcement of the provisions of the compact, in prescribing rules or regulations, or in obtaining information to serve as a basis for recommending further legislation. Under paragraph (c), the Commission is required to issue an order to compel compliance, if it finds in any investigation that any person has failed to comply with any provision of the compact or any requirement established pursuant thereto. Paragraph (d) empowers the Commission, or any other officer designated by it, to administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memorandums, contracts, agreements, or other records which the Commission finds relevant or material to the inquiry.

Section 14 governs the conduct of hearings by the Commission. Hearings may be held before the Commission, any members or member thereof, or any representative of the Commission designated by it, and appropriate records thereof shall be kept. The Commission shall promulgate rules of practice and procedure to govern all hearings, investigations, and proceedings. It is provided that the technical rules of evidence need not be applied and that no informality in any hearing, investigation, or proceeding, or in the matter of taking testimony, shall invalidate any order, decision, rule, or regulation issued by the Commission.

Section 15 deals with the administration by the Commission of its functions. Under this section, the Commission is empowered to prescribe, issue, make, amend, and rescind orders, rules, and regulations and to prescribe the form of all statements, declarations, applications, and reports to be filed with the Commission, the information which they shall contain and the time within which they shall be filed. Unless a different date is specified, rules and regulations of the Commission shall be effective 30 days after publication and orders of the Commission shall be effective on the date and in the manner which the Commission shall prescribe. Power is given to the Commission to classify persons and matters and to prescribe different requirements for different classes of persons or matters. All rules and regulations

of the Commission shall be filed with its Secretary and shall be kept open in convenient form for public inspection and examination during reasonable business hours.

Section 16 deals with reconsideration of orders. Any person affected by any final order or decision of the Commission may, within 30 days after the publication thereof, file an application in writing requesting reconsideration and stating specifically the errors claimed as grounds for such reconsideration. No appeal shall lie from any order of the Commission until application for reconsideration has been made and determined and no person shall in any court urge or rely on any ground not set forth in such application. The Commission is required to either grant or deny an application for reconsideration within 30 days after filing. If the application is granted, the Commission, after giving notice to all interested persons shall, either with or without hearing, rescind, modify, or affirm its order or decision. The filing of an application for reconsideration shall act as a stay upon the execution of the order or decision of the Commission until the final action of the Commission upon the application, except that the applicant may request a waiver of the stay.

Section 17 deals with judicial review. Under paragraph (a), any party to a proceeding aggrieved by an order of the Commission may obtain a review of such order in the Court of Appeals of the United States for the Fourth Circuit or the U.S. Court of Appeals for the District of Columbia Circuit. The petition for appeal shall be filed within 60 days after the order of the Commission denying the application for rehearing. Upon being served with a copy of such petition, the Commission shall certify and file with the court a transcript of the record, whereupon the court shall have exclusive jurisdiction to affirm, modify, or set aside such order. The findings of the Commission as to the facts, if supported by substantial evidence, shall be conclusive. Upon a showing that additional evidence is material and that there were reasonable grounds for failure to adduce such evidence in the proceedings before the Commission, the court may order such additional evidence to be taken before the Commission, in such a manner and upon such terms and conditions as to the court may seem proper. The Commission may modify its findings as to the facts by reason of the additional evidence so taken and shall file with the court such modified or new findings, which if supported by substantial evidence, shall be conclusive, and its recommendations, if any, for the modifications or setting aside of the original order. The court may affirm or set aside any such order of the Commission and such judgment shall be final, subject to review by the Supreme Court of the United States upon certiorari or upon certification as provided in sections 239 and 240 of the Judicial Code, as amended (28 U.S.C. 346,347). Under paragraph (b), it is provided that the commencement of proceedings under paragraph (a) shall not operate as a stay of the Commission's order unless specifically ordered by the court. Paragraph (c) exempts the Commission and its employees from liability for any costs or obligation to give security for costs or damages in connection with any appeal. The Commission and its employees are also absolved from any liability for any damages, loss, or injury claimed by any person resulting from action taken under this compact and are excused from making any deposit for costs or pay for any service to the clerks of any court or to the marshal of the United States in any case arising under this compact.

Section 18 deals with enforcement of the act and penalty for violations. Under paragraph (a), the Commission is authorized to bring an action in the U.S. district court to enjoin acts or practices which constitute or will constitute a violation of the compact and the rules and regulations and orders promulgated thereunder and to enforce compliance with the compact and the rules, regulations, or orders of the Commission. Upon a proper showing, a permanent or temporary injunction or decree or restraining order shall be granted without bond. Under paragraph (b), the U.S. district court is granted jurisdiction to issue appropriate orders commanding any person to comply with the provisions of the compact any rule, regulation, or order of the Commission issued thereunder. Under paragraph (c), the Commission is authorized to employ such attorneys as it finds necessary in the conduct of its work, or for proper representation of the public interest in investigations, or cases or proceedings pending before it, or to appear for or represent the Commission in any case in court. The expenses of such employment shall be paid out of any funds of the Commission. Paragraph (d) provides that any person knowingly and willfully violating any provision of the compact, or any rule, regulation, requirement, or order thereunder, or any term or condition of any certificate, shall, upon conviction thereof, be fined not more than $100 for the first offense and not more than $500 for any subsequent offense. Each day of such violation shall constitute a separate offense.

Section 19 provides for expenses of investigations and other proceedings. Under paragraph (a), it is provided that all reasonable expenses of any investigation, or other proceeding of any nature, conducted by the Commission, of or concerning any carrier, and all expenses of any litigation, including appeal, shall be borne by such carrier. Such expenses, with interest not to exceed 6 percent per annum, may be charged to operating expenses and amortized over such period as the Commission may allow in the rates to be charged by such carrier. Paragraph (a) also provides the procedure for the payment by the carrier to the Commission of such expenses. Under paragraph (b), the amount expended by the Commission in any calendar year in all investigations or other proceedings relating to any one carrier shall not exceed (1) one-half of 1 percent of the gross operating revenues of such carrier, derived from transportation subject to the compact for its last preceding fiscal year, or (2) in the case of a carrier which was not engaged in such transportation during the whole of its last preceding fiscal year, one-half of 1 percent of the average gross operating revenues, derived from transportation subject to the compact, of all other carriers for the last preceding fiscal year. Paragraph (c) specifies that the provisions of section 19 shall apply to any person engaged in transportation subject to the compact and to any person who makes application under section 4 for a certificate of public convenience and necessity.

Section 20 deals with the applicability of other laws. This section. is designed to remove the jurisdiction of the signatories over the transportation and persons subject to the compact and the removal of this jurisdiction is by suspension rather than repeal. Under section 20(a) (1) there is exempted from such suspension the laws of the signatories relating to inspection of equipment and facilities, wages and hours of employees, insurance or similar security requirements,

H. Rept. 1621, 86-2- -3

school fares, and free transportation for policemen and firemen and such laws shall remain in force and effect. In order to protect the existing rights of carriers to engage in interstate special or charter operations under the certificates issued by the Interstate Commerce Commission, section 20(a) (2) expressly states that the suspension of certificates or permits issued by the Interstate Commerce Commission shall not affect the authority of such certificate or permitholder to transport special and chartered parties as now authorized by the Interstate Commerce Act. Paragraph (b) is designed to exempt Virginia intrastate transportation from the jurisdiction of the Commission, but requires the State Corporation Commission of Virginia to refer to the Commission for its recommendations matters affecting Virginia intrastate transportation. The recommendations of the Commission with respect to such matters shall be advisory only. Section 21 deals with existing rules, regulations, orders, and decisions. This section provides for the adoption by the Compact Commission of all rules, regulations, orders, decisions, or other requirements issued or made by the Interstate Commerce Commission, the Public Utilities Commission of the District of Columbia, the Public Service Commission of Maryland, and the State Corporation Commission of Virginia and these shall be enforcible under the compact, unless and until otherwise provided by the Compact Commission.

Section 22 deals with transfer of records and requires the Public Utilities Commission of the District of Columbia, the Interstate Commerce Commission, the State Corporation Commission of Virginia, and the Public Service Commission of Maryland to transfer or make available to the Compact Commission such of their records as pertains to matters under the jurisdiction of the Compact Commission.

Section 23 deals with pending actions or proceedings. Paragraph (a) provides that pending litigation arising out of proceedings before the Public Utilities Commission of the District of Columbia, the Interstate Commerce Commission, the Public Service Commission of Maryland and the State Corporation Commission of Virginia shall not be affected by the enactment of the compact, and such litigation shall be prosecuted and determined in accordance with the law applicable at the time such proceeding was commenced. With respect to proceedings pending before the regulatory commissions of the signatories or the Interstate Commerce Commission at the time the compact becomes effective. Paragraph (b) gives the Compact Commission discretion to determine whether it shall continue and carry to a conclusion any such proceeding. In the event the Compact Commission assumes jurisdiction in any such case, it shall be governed by the provisions of this compact and not by the provisions of law applicable at the time the proceedings were instituted.

Section 24 deals with the annual report of the Commission and requires the Commission to make such a report to the Governor of Virginia, the Governor of Maryland, and to the Board of Commissioners of the District of Columbia as soon as practicable after the 1st day of January of each year. This report shall contain, in addition to a report of the work performed under the compact, such other information and recommendations concerning passenger transportation within the metropolitan district as the Commission deems advisable.

SECTION ANALYSIS OF THE RESOLUTION

In section 1 of House Joint Resolution 402, Congress grants its consent and approval to the States of Virginia and Maryland and to the District of Columbia to enter into the Washington metropolitan area transit regulation compact and contains the provisions of the compact hereinbefore described.

Section 2 of House Joint Resolution 402 authorizes the Commissioners of the District of Columbia to enter into and execute the compact and are further authorized to carry out and effectuate the terms and provisions of the compact. Section 2 also authorizes to be appropriated such funds as are necessary to carry out the obligations of the District of Columbia in accordance with the terms of the compact. Section 3 of House Joint Resolution 402 provides for removal of Federal jurisdiction relating to or affecting transportation under the compact and to the persons engaged therein. The removal of Federal jurisdiction is by suspension of applicable laws and regulations rather than their repeal. Upon the termination of the compact, the suspension of Federal laws and regulations shall also terminate, if not theretofore repealed, and such laws and regulations shall thereupon again become applicable and legally effective without further legislative or administrative action.

All Federal laws relating to or affecting transportation under the compact and to the persons engaged therein are suspended, except as otherwise specified in the compact, to the extent that such laws are inconsistent with or in duplication of the provisions of the compact. The second proviso preserves the normal and ordinary police powers of the signatories and of the political subdivisions thereof, and of the Director of the National Park Service with respect to the regulation of vehicles, control of traffic and use of streets, highways and other vehicular facilities.

The third proviso of section 3 provides that the compact or this bill shall not impair or affect the rights, duties, and obligations created by the congressional franchise granted to the D.C. Transit System, Inc. (act of July 24, 1956, ch. 669, 70 Stat. 598).

The fourth proviso of section 3 excludes from suspension sections 5(2)(c) and (13) of the Interstate Commerce Act (54 Stat. 906, 909, 63 Stat. 486, 49, U.S.C., 5(2)(c) and (13)) dealing with protection of the employees of carriers involved in mergers or consolidations and requires the Washington Metropolitan Area Transit Commission to comply with such provisions. (But see committee amendment No. 6, supra, which defines "public interest" as used in art. XII, sec. 12(b) as encompassing the interest of carrier employees.)

The fifth proviso of section 3 is a comprehensive statement preserving the applicability of all laws of the United States providing benefits for the employees of any carrier subject to the compact or relating to the wages, hours and working conditions of employees, or to collective bargaining between the carriers and employees, or to the right to self-organization, including, but not limited to, the LaborManagement Relations Act, 1947, as amended, and the Fair Labor Standards Act, as amended.

Section 4 conditions the consent and approval of Congress granted in section 1 of this bill to the effect that sections 4(d) (3) and 12(d) of article XII of the compact, dealing with the granting of temporary