ment may be necessary for the discharge of its functions. The Commission shall not be bound by any statute or regulation of any signatory in the employment or discharge of any officer or employee of the Commission, except as such may be contained in this compact. "6. The Commission shall establish its office for the conduct of its affairs at a location to be determined by the Commission within the Metropolitan District and shall publish rules and regulations governing the conduct of its operations. "ARTICLE IV "1. The expenses of the Commission shall be borne by the signatories in the manner hereinafter set forth. The Commission shall submit to the Governor of Virginia, the Governor of Maryland and the Board of Commissioners of the District of Columbia, at such time or times as shall be requested, a budget of its requirements for such period as may be required by the laws of the signatories for presentation to the legislature thereof. The expenses of the Commission shall be allocated among the signatories in the proportion that the population of each signatory within the Metropolitan District bears to the total population of the Metropolitan District. The allocation shall be made by the Commission and approved by the Governors of the two States and the Board of Commissioners of the District of Columbia, and shall be based on the latest available population statistics of the Bureau of the Census; provided, however, that if current population data are not available, the Commission may, upon the request of any signatory, employ estimates of population prepared in a manner approved by the Commission and by the signatory making such request. "2. The signatories agree to appropriate for the expenses of the Commission their proper proportion of the budget determined in the manner set forth herein and to pay such appropriation to the Commission. There shall not be included in the budget of the Commission or in the appropriations therefor any sums for the payment of salaries or expenses of the Commissioners or members of the Traffic and Highway Board created by Article V of this Title I and payments to such persons, if any, shall be within the discretion of each signatory. The provisions of section 2-27 of the Code of Virginia shall not apply to any official or employee of the Commonwealth of Virginia acting or performing services under this Act. "3. The expenses allocable to a signatory shall be reduced in an amount to be determined by the Commission if a signatory, upon request of the Commission, makes available personnel, services or material to the Commission which the Commission would otherwise have to employ or purchase. If such services in kind are rendered, the Commission shall return to such signatory an amount equivalent to the savings to the Commission represented by the contribution in kind. "4. The Commission shall keep accurate books of account, showing in full its receipts and disbursements, and said books of account shall be open at any reasonable time for inspection by such representatives of the respective signatories as may be duly constituted for that purpose. "ARTICLE V "1. There is hereby created in addition to the Commission a Traffic and Highway Board, hereinafter referred to as Board. This Board shall be composed of the Chairman of the Commission created by article II, who shall be chairman of this Board, and the heads of the traffic and highway departments of each of the signatories and of the counties and cities encompassed within the Metropolitan District, a representative of the National Capital Planning Commission, a representative of the National Capital Regional Planning Council, and a representative of each local and regional planning commission within the District. The representatives of the various planning commissions shall be designated by each such commission. The official in charge of the traffic and highway department of each of the signatories may appoint a member of his staff to serve in his stead with full voting powers. "2. The Board shall make recommendations to the Commission with respect to traffic engineering, including the selection and use of streets for transit routing, the requirements for transit service throughout the Metropolitan District, and related matters. The Board shall also consider problems referred to it by the Commission and shall continuously study means and methods of 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 LESTER HOLTZMAN, New York J. CARLTON LOSER, Tennessee ROBERT W. KASTENMEIER, Wisconsin WILLIAM M. McCULLOCH, Ohio WILLIAM E. MILLER, New York RICHARD H. POFF, Virginia WILLIAM C. CRAMER, Florida ARCH A. MOORE, JR., West Virginia H. ALLEN SMITH, California GEORGE MEADER, Michigan JOHN E. HENDERSON, Ohio JOHN V. LINDSAY, New York WILLIAM T. CAHILL, New Jersey JOHN H. RAY, New York Text of H.J. Res. 402. CONTENTS 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 217 217 286 237 Additional information: Letter of George Spiegel, 10831 Lorain Avenue, Silver Spring, Md., to Hon. John R. Foley, Member of Congress from Maryland. Letter of William H. Press for the Metropolitan Washington Board of Trade. 278 237 Letter of Walter Kingsbury, chairman, Interfederation Council, 288 Memorandum re unconstitutionality and legal inadequacy of H.J. Res. 402, prepared by D.C. Transit System, Inc. 249 Statement of Alfred S. Trask for the Friendship Citizens Association 286 255 276 Statement of John M. Dalton, president, Junior Chamber of Commerce of Washington, D.C.... 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 |