persons. The Agency may contribute funds for the acquisition of rights-ofway for, and the construction of limited amounts of freeway, parkway, and other arterial highway facilities, including construction incidental to the use and protection of such rights-of-way for transit facilities, to the government agencies having jurisdiction thereof if, in the opinion of the Agency, such contributions are necessary to the fulfillment of the objectives of this Act;

(2) may operate all facilities acquired or constructed by it, or may enter into agreements with government agencies, private transit companies, railroads, or other persons for the operation of its facilities, the use of its operating rights, or the provision of transit services making use of other facilities and operating rights: Provided, That the Agency shall not operate any transit facilities, or provide by agreement for the operation of transit facilities, until the Congress shall establish for the Agency a labor relations policy, defining labor's right to organize, to bargain collectively, to arbitrate disputes, and to safeguard job rights: Provided further, That the Agency shall not acquire the facilities, property, or rights-of-way of private motorbus companies and persons; or operate buses or similar motor vehicles or make agreements for the provision of motorbus services competitive with private transit companies; but may make agreements for the provision of service which is not competitive with services of private transit companies and persons;

(3) shall encourage private transit companies to provide needed services in a manner consistent with the Transit Development Program;

(4) may lease space or property owned or acquired by the Agency, or may contract with persons for the purpose of constructing and operating facilities, which, in the opinion of the Agency, will encourage or facilitate the use of transit facilities of the Agency. Rentals or other fiscal arrangements in connection with such leases or contracts shall be adjusted so that undue competitive advantage is not given over other persons in the National Capital region: Provided, That in the operation of such facilities, the lessee or franchise holder shall comply with all applicable Federal, State, and local building and zoning laws, ordinances, and regulations;

(5) may enter into and perform contracts, leases, and agreements, and other transactions with any government agency, private transit company, railroad, or other persons;

(6) may sell or lease advertising space or may contract with responsible persons for the sale or lease of such space: Provided, That the lessee or contractee shall comply with all applicable Federal, State, and local zoning and advertising laws, ordinances, and regulations;

(7) shall cooperate with government agencies to facilitate coordination of location, design, and construction of freeways, parkways, and other arterial highway facilities with the Transit Development Program. The purpose of such coordination is to assure the comprehensive development of transportation facilities best suited to meet the objectives of this Act and to achieve maximum benefits from moneys available for such purposes. The responsibility and authority for location, design, construction, and operation of freeways, parkways, and other arterial highway facilities shall remain with the government agencies having jurisdiction thereof, but all Federal agencies' plans for location and design of highway facilities shall be forwarded to the Agency, and all State and local agencies' plans for location and design of highway facilities may be requested by the Agency for its review and comment. The Agency shall cooperate with all planning agencies of the National Capital region and the appropriate government transportation regulatory agencies including the Washington Metropolitan Area Transit Commission in the development of transportation facilities and, wherever feasible and desirable, develop joint plans with such agencies; (8) may initiate proposals for regulating and coordinating the flow of traffic in the National Capital region so as to promote the optimum use of the highway network and other transportation facilities;

(9) may make or participate in studies of all phases of transportation into, within, and out of the National Capital region, including transit vehicle research and development and fiscal research studies. The Agency may publicize and make available the results of such studies and other information relating to transportation;

(10) may appoint and fix the compensation of officers, attorneys, agents, and employees; may define their powers and duties; may require bonds for the faithful performance of their duties; may employ experts and consultants or organizations thereof to the same extent as is authorized for the depart

ments by section 15 of the Act of August 2, 1946 (60 Stat. 810), but at rates not to exceed the usual rates for similar services;

(11) may, subject to the standards and procedures of section 505 of the Classification Act of 1949, as amended, place not to exceed five positions in grades 16, 17, or 18 of the General Schedule established by such Act. Such positions shall be in addition to the number of positions authorized to be placed in such grades by such section 505;

(12) may make such expenditures at the seat of government and elsewhere as may be necessary for the exercise and performance of the powers and duties vested in the Agency and as from time to time may be appropriated for by the Congress, including expenditures for (1) rent and personal services at the seat of government and elsewhere; (2) travel expenses; (3) office furniture, equipment and supplies, lawbooks, newspapers, periodicals, and books of reference (including the exchange thereof); and (4) printing and binding; and

(13) may, by agreement with the Board of Commissioners of the District of Columbia, designate such Board as the instrumentality through and by which facilities of the Agency in the District of Columbia are to be designed and constructed.

(b) The Agency, its property, income, and transactions are expressly exempted from taxation in any manner or form or from the imposition of any licenses or fees of any kind whatsoever by any State or political subdivision thereof and by the District of Columbia but such exemption shall not extend to contractors for, or lessees of, the Agency, or to any person, company or association which engages in any business activity pursuant to any franchise, grant or agreement of the Agency.

(c) Every agency or instrumentality of the Government of the United States and of the government of the District of Columbia may enter into agreements with the Agency in respect of any matter for which such agreements are authorized pursuant to this Act.

(d) The provisions of section 355 of the Revised Statutes, as amended (40 U.S.C. 255), shall be applicable to property acquired by the Agency. Proceedings in behalf of the Agency for the condemnation of property in the District of Columbia shall be instituted and maintained under the Act of March 1, 1929 (45 Stat. 1415), as amended; and of property elsewhere, under the Act of August 1, 1888. as amended (40 U.S.C. 257), the Act of February 26, 1931 (46 Stat. 1421 and the following, 40 U.S.C. 258), or any other applicable Act. This subsection shall apply to both real and personal property: Provided, That no action in condemnation of any property shall be commenced in behalf of the Agency until a reasonable effort has been made to negotiate with the owner of the property.

(e) Subject to the provisions of section 204 (c), such sums as shall be required to carry out the purposes of this title are authorized to be appropriated.

TITLE III-AUTHORIZATION FOR NEGOTIATION OF
INTERSTATE COMPACT

SEC. 301. (a) It is the intent of Congress to promote and encourage the solution of problems of a regional character in the National Capital region by means of an interstate compact entered into by the State of Maryland, the Commonwealth of Virginia and the Board of Commissioners of the District of Columbia, with the consent of Congress. To further this policy, the consent of Congress is hereby given to the State of Maryland and the Commonwealth of Virginia and the Board of Commissioners of the District of Columbia to negotiate a compact for the establishment of an organization to serve as a means of consultation and cooperation among the Federal, State, and local governments in the National Capital region, to formulate plans and policies for the development of the region, and to perform governmental functions of a regional character, including but not limited to the provision of regional transportation facilities. No such compact shall be binding upon the parties thereto unless and until it has been approved by the Congress.

(b) As promptly as practicable after the State of Maryland and the Commonwealth of Virginia have approved a compact for the establishment of an organization empowered to provide regional transportation facilities, the President shall submit to the Congress such recommendations as may be necessary or desirable to transfer to such organization such real and personal property, personnel, records, other assets, and liabilities as are appropriate in order that such organization may assume the functions and duties of the Agency.

(c) The President shall appoint a person to participate in the compact negotiations and to represent the United States generally. The Federal representative shall report to the President either directly or through such agency or official of the Government as the President may specify.

(d) The Federal representative, if not otherwise employed by the United States, shall receive for his services, when actually engaged in the performance of his duties, compensation at a rate not in excess of the per diem equivalent of the maximum rate for grade 18 of the General Schedule of the Classification Act of 1949, as amended, together with travel expenses as authorized by section 5 of the Act of August 2, 1946, as amended (6 U.S.C. 73b-2), for persons employed intermittently as consultants or experts and receiving compensation on a per diem when actually employed basis: Provided, That if the Federal representative shall be an employee of the United States he shall serve without additional compensation.

(e) The Federal representative shall be provided with office space, consulting, engineering, and stenographic service, and other necessary administrative services.

(f) The compensation of the Federal representative shall be paid from the current appropriation for salaries in the White House Office. Travel and other expenses provided for in subsections (d) and (e) of this section shall be paid from any current appropriation or appropriations selected by the head of such agency or agencies as may be designated by the President to provide for such expenses.

(g) The State and Federal representatives appointed to participate in the compact negotiations are authorized to request from the Agency any information they deem necessary to carry out their functions under this section; and the Agency is authorized to cooperate with the compact representatives and, to the extent permitted by law, to furnish such information upon request made by the compact representatives.

SEPARABILITY

SEC. 302. If any part of this Act is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the applicability of such part to other persons and circumstances and the constitutionality or validity of every other part of the Act shall not be affected thereby.

Approved July 14, 1960.

Mr. WHITENER. As I understand it, we have on our schedule today as our first witness the Administrator of the National Capital Transportation Agency, Mr. C. Darwin Stolzenbach.

Mr. Broyhill, do you have any comments?

Mr. BROYHILL. Mr. Chairman, I have a brief prepared statement that I should like to submit and make a part of the record, and then just a couple of observations and maybe a couple of questions I should like to raise, hoping that Mr. Stolzenbach and the people with him might develop them some way with answers during their testimony. (The prepared statement of Mr. Broyhill follows:)

STATEMENT BY REPRESENTATIVE JOEL T. BROYHILL OF VIRGINIA, CONCERNING H.R. 6633, A BILL TO AUTHORIZE CONSTRUCTION OF THE TRANSIT DEVELOPMENT PROGRAM FOR THE NATIONAL CAPITAL REGION

Mr. Chairman, an efficient form of transportation is a prime requisite of modern-day living, community advancement, and a healthy economy. It is my sincere hope and purpose that as the demand for living space increases in the years to come, our area will reflect the foresight essential to providing good transportation.

Our hearings today will begin consideration of proposed legislation dealing with the transit problem in the Washington Metropolitan area. I believe that all students of land transportation in metropolitan areas agree that rapid transit sysems of some form are critically needed in order to solve urban transportation problems for the years ahead. We expect that the businesmen who already have invested capital in providing transit service for approximately 640,000 transit trips per day in the metropolitan area will desire to be heard. It is proper that the Congress should afford these and other interested persons this opportunity to present their opinions and views with reference to solv21-468-63-2

ing the transit need for this metropolitan area. During the course of these hearings we are hopeful that evidence will be presented which will assist the Congress in a determination of the proper relationship of various transit modes.

The citizens of northern Virginia want an improved and expanded transit system and it will be my purpose to assist them in getting it.

I recognize that all State, county and city jurisdictions in the Washington Metropolitan area must contribute financially to the development of any truly effective transit system for the area, and I pledge my earnest efforts to help achieve this essential cooperation.

I am on record as having stated in previous hearings on the subject of local transportation problems that while I recognize a definite need for a rapid transit system for this area, and in fact sponsored the legislation which authorized the creation of the NCTA for this purpose, I am convinced also that no such system will eliminate the need for an expanded highway system to serve the region, particularly for through traffic. On this point, I wish to quote from a letter addressed to the Administrator of NCTA by the Honorable Albertis S. Harrison, Jr., Governor of Virginia, under date of January 31, 1963, as follows: "Our highway authorities are fully convinced that all of the highway facilities now planned for the Washington Metropolitan area in Virginia will be needed even if all of the transit facilities planned are constructed.

"We feel that it will be essential to construct the proposed Three Sisters Bridge, and its approaches, and that there should be no reduction in the capacity of any of the interstate routes as now planned in this area."

I wish to express my hope that as a result of these hearings we may determine the best plan for the development of an effective transportation system for this area, so that we may move forward toward this achievement without delay.

Mr. BROYHILL. First of all, I should like to state that I have always felt that there would have to be some metropolitan approach to the solution of our transportation problems here as indicated by my cosponsorship of the legislation that created the National Capital Transportation Agency.

We had talked for a number of years about Metropolitan Washington problems, talking about problems without knowing really what we meant by problems. I felt that certainly of all the metropolitan problems, the one that would require the metropolitan approach for the solution would be that of movement of people and goods.

Many of these other problems that are referred to as metropolitan in nature could be solved in some measure by local community action. But certainly in doing something to improve the movement of people and goods, we have to have an area type approach, and certainly Congress has to recognize its responsibility to the area in assisting in arriving at a solution.

So I think that we have been heading somewhat in the right direction. I think the creation of the National Capital Transportation Agency was a major step forward. However, several things have developed since the creation of the agency and since the filing of the agency report that raise a few questions which I should like to have answered somewhat during this testimony this morning.

The first of these is the delay in the construction of the Three Sisters Bridge and several other highway programs here.

At the time that the Congress created the agency, there was a discussion as to whether or not we would give the agency the authority to go ahead with the development and the construction of a mass transit system. There was concern expressed on the part of the joint committee that the Congress might not approve the granting of such a far-reaching authority, but that it would be preferable and more viable and more sure of approval of the legislation by creating the

agency and giving them the authority to develop a program, study the financial feasibility of a mass transit system, and then to come back to Congress and get the authority to go ahead with it.

There was not much said during the hearings or during the deliberations by the joint committee indicating that the agency should conduct a new study of all the highway facilities here in the area. We had spent several hundred thousand dollars in previous years studying the transportation problems, studying what was needed, or entertaining recommendations of what was needed in the form of highways bridges, and various other transportation facilities. We had come to the conclusion that we needed some form of mass transportation. That was the reason for the creation of the National Capital Transportation Agency.

So it comes as somewhat of a surprise, and to a degree a disappointment to some, that one of the major points in your recommendations is the holdup or postponement or delay or abandonment of some of the highway projects.

Many of the people in the area feel that we are going to need all of the highway freeway projects that are in the pipeline right now before we come to any real solution to our problems here. What we are doing here now is just delaying something that is inevitable.

Some people feel that we are not taking advantage of a financial program which is already in existence in that 90-10 Federal participation in the general highway program that the National Capital Agency seeks to abandon and come up with another Federal financial proposal in lieu thereof.

The States of Virginia and Maryland, particularly the State of Virginia, have proceeded under the Federal Highway Act and the general metropolitan area recommendations in their highway construction program, not to mention what has happened with the construction of Dulles Airport and the access road.

Many people feel that by abandoning some of these highway projects we are coming into the National Capital area or the center of the National Capital area with a rather up-to-date highway and freeway program with not enough facilities at the core to handle the traffic. So I should like to have that point developed quite extensively during your statement, Mr. Stolzenbach, as to why we need to hold up on these highway programs which have been approved and are in the pipeline.

I hope, Mr. Chairman, that nothing during these hearings would indicate any committee approval of a delay or holdup on the highway program, but, on the contrary, that one of the first actions that the committee takes is to indicate whether or not we want the District of Columbia Commissioners to proceed with the construction of the pending highway program regardless of what happens to this legislation.

My second question, or second point-and I want to commend the agency on this-is their recommendations in proposing I think that $60 million of the cost of this mass transit system be paid by the local community, including the District of Columbia.

I do not believe we have much chance of getting this program approved by the Congress unless there is some willingness on the part of the local community to pay a portion of the cost.