COMMITTEE ON THE JUDICIARY EMANUEL CELLER, New York, Chairman FRANCIS E. WALTER, Pennsylvania PETER W. RODINO, JR., New Jersey E. L. FORRESTER, Georgia ROBERT T. ASHMORE, South Carolina JOHN DOWDY, Texas LESTER HOLTZMAN, New York J. CARLTON LOSER, Tennessee ROBERT W. KASTENMEIER, Wisconsin WILLIAM M. McCULLOCH, Ohio no 11 pt.z Text of H.J. Res. 402. Statement of Alper, Jerome M., special counsel for the District of Columbia. Cushman, Bernard, counsel for division 689, Amalgamated Associa- Kahn, S. Harrison, on behalf of the Washington-Virginia-Maryland McLaughlin, Hon. Robert E., President, Board of Commissioners of Page 201 236 233 274 277 233 Sims, John R., legal department, D.C. Transit. 217 217 286 Correspondence received: Metropolitan Washington Board of Trade, letter, 237 Additional information: Letter of George Spiegel, 10831 Lorain Avenue, Silver Spring, Md., 278 237 Letter of Walter Kingsbury, chairman, Interfederation Council, 288 Memorandum re unconstitutionality and legal inadequacy of H.J. Res. 249 Statement of Alfred S. Trask for the Friendship Citizens Association 286 255 276 Statement of John M. Dalton, president, Junior Chamber of Com- DISTRICT OF COLUMBIA, MARYLAND, AND VIRGINIA MASS TRANSIT COMPACT WEDNESDAY, MARCH 9, 1960 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE No. 3 OF THE COMMITTEE ON THE JUDICIARY, The subcommittee met, pursuant to notice, in room 346, House Office Building, at 10:35 a.m., Hon. Edwin E. Willis (chairman of the subcommittee) presiding. Present: Representatives Willis, Brooks, Tuck, Libonati, Cramer, and Lindsay. Also present: Cyril F. Brickfield, counsel. Mr. WILLIS. The subcommittee will please come to order. We will take up this morning House Joint Resolution 402, granting the consent and approval of Congress for the States of Virginia and Maryland and the District of Columbia to enter into a compact related to the regulation of mass transit in the Washington, District of Columbia, metropolitan area, and for other purposes. At this point in the record we shall insert a copy of the resolution. (H. J. Res. 402 follows:) [H.J. Res. 402, 86th Cong., 1st sess.] JOINT RESOLUTION Granting the consent and approval of Congress for the States of Virginia and Maryland and the District of Columbia to enter into a compact related to the regulation of mass transit in the Washington, District of Columbia, metropolitan area, and for other purposes Whereas the regulation of mass transit service in the metropolitan area of Washington, District of Columbia, is divided among the public utility regulatory agencies of the States of Virginia, Maryland, and the District of Columbia and the Interstate Commerce Commission; and Whereas such divided regulatory responsibility is not conducive to the development of an adequate system of mass transit for the entire metropolitan area, which is in fact a single integrated, urban community; and Whereas the Legislatures of Virginia and Maryland and the Board of Commissioners of the District of Columbia in 1954 created a Joint Commission to study, among other things, whether joint action by Maryland, Virginia, and the District of Columbia is necessary or desirable in connection with the regulation of passenger carrier facilities operating in such areas and the provision of adequate, nondiscriminatory and uniform service therein; and Whereas said Joint Commission has actively participated in the mass transit study authorized by the Congress (Public Law 24 and Public Law 573, Eighty-fourth Congress), and in furtherance thereof said Joint Commission has negotiated the Washington metropolitan area transit regulation compact, set forth in full below, providing for the establishment of a single organization as the common agency of the signatories to regulate transit and alleviate traffic congestion, which compact has been enacted by Virginia (ch. 627, 1958 Act of Assembly) and in substantially the same language by Maryland ( ); and Whereas said compact adequately protects the national interest in mass transit service in the metropolitan area of the Nation's Capital and properly accommodates the National and State interests in and obligations toward mass transit in the metropolitan area: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent and approval of Congress is hereby given to the States of Virginia and Maryland and to the District of Columbia to enter into a compact, substantially as follows, for the regulation and improvement of mass transit in the Washington metropolitan area, which compact, known as the Washington metropolitan area transit regulation compact, has been negotiated by representatives of the States and the District of Columbia and has been adopted by the State of Virginia (ch. 627, 1958 Acts of Assembly), and in substance by the State of Maryland: "The States of Maryland and Virginia and the District of Columbia, hereinafter referred to as signatories, do hereby covenant and agree as follows: "TITLE I "GENERAL COMPACT PROVISIONS "ARTICLE I "There is hereby created the Washington Metropolitan Area Transit District, hereinafter referred to as Metropolitan District, which shall embrace the District of Columbia, the cities of Alexandria and Falls Church, the counties of Arlington and Fairfax, and political subdivisions of the State of Virginia located within those counties, and the counties of Montgomery and Prince Georges, in the State of Maryland and political subdivisions of the State of Maryland located within said counties. "ARTICLE II "The signatories hereby create the 'Washington Metropolitan Area Transit Commission', hereinafter called the Commission, which shall be an instrumentality of the District of Columbia, the Commonwealth of Virginia and the State of Maryland, and shall have the powers and duties set forth in this compact and such additional powers and duties as may be conferred upon it by subsequent action of the signatories. The Commission shall have jurisdiction coextensive with the Metropolitan District for the regulation and improvement of transit and the alleviation of traffic congestion within the Metropolitan District on a coordinated basis, without regard to political boundaries within the Metropolitan District, as set forth herein. "ARTICLE III "1. The Commission shall be composed of three members, one member each to be appointed by the Governors of Virginia and Maryland and by the Board of Commissioners of the District of Columbia, from that agency of each signatory having jurisdiction over the regulations of mass transit within each such jurisdiction. The member so appointed shall serve for a term coincident with the term of that member on such agency of the signatory and any Commissioner may be removed or suspended from office as provided by the law of the signatory from which he shall be appointed. Vacancies shall be filled for an unexpired term in the same manner as an original appointment. "2. No person in the employment of or holding any official relation to any person or company subject to the jurisdiction of the Commission or having any interest of any nature in any such person or company or affiliate or associate thereof, shall be eligible to hold the office of Commissioner or to serve as an employee of the Commission or to have any power or duty or to receive any compensation in relation thereto. "3. The Commission shall select a chairman from its membership annually. Such chairman is vested with the responsibility for the discharge of the Commission's work and to that end he is empowered with all usual powers to discharge his duties. "4. Each signatory hereto may pay the Commissioner therefrom such salary or expenses, if any, as it deems appropriate. "5. The Commission may employ such engineering, technical, legal, clerical, and other personnel on a regular, part-time, or consulting basis as in its judg |