[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 19 Referred in House (RFH)]

111th CONGRESS
  1st Session
S. J. RES. 19


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 2009

               Referred to the Committee on the Judiciary

_______________________________________________________________________

                            JOINT RESOLUTION


 
Granting the consent and approval of Congress to amendments made by the 
 State of Maryland, the Commonwealth of Virginia, and the District of 
    Columbia to the Washington Metropolitan Area Transit Regulation 
                                Compact.

Whereas Congress in title VI of the Passenger Rail Investment and Improvement 
        Act of 2008 (section 601, Public Law 110-432) authorized the Secretary 
        of Transportation to make grants to the Washington Metropolitan Area 
        Transit Authority subject to certain conditions, including that no 
        amounts may be provided until specified amendments to the Washington 
        Metropolitan Area Transit Regulation Compact have taken effect;
Whereas legislation enacted by the State of Maryland (Chapter 111, 2009 Laws of 
        the Maryland General Assembly), the Commonwealth of Virginia (Chapter 
        771, 2009 Acts of Assembly of Virginia), and the District of Columbia 
        (D.C. Act 18-0095) contain the amendments to the Washington Metropolitan 
        Area Transit Regulation Compact specified by the Passenger Rail 
        Investment and Improvement Act of 2008 (section 601, Public Law 110-
        432); and
Whereas the consent of Congress is required in order to implement such 
        amendments: Now, therefore, be it
    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

SECTION 1. CONSENT OF CONGRESS TO COMPACT AMENDMENTS.

    (a) Consent.--Consent of Congress is given to the amendments of the 
State of Maryland, the amendments of the Commonwealth of Virginia, and 
the amendments of the District of Columbia to sections 5, 9 and 18 of 
title III of the Washington Metropolitan Area Transit Regulation 
Compact.
    (b) Amendments.--The amendments referred to in subsection (a) are 
substantially as follows:
            (1) Section 5 is amended to read as follows:
    ``(a) The Authority shall be governed by a Board of eight Directors 
consisting of two Directors for each Signatory and two for the federal 
government (one of whom shall be a regular passenger and customer of 
the bus or rail service of the Authority). For Virginia, the Directors 
shall be appointed by the Northern Virginia Transportation Commission; 
for the District of Columbia, by the Council of the District of 
Columbia; for Maryland, by the Washington Suburban Transit Commission; 
and for the Federal Government, by the Administrator of General 
Services. For Virginia and Maryland, the Directors shall be appointed 
from among the members of the appointing body, except as otherwise 
provided herein, and shall serve for a term coincident with their term 
on the appointing body. A Director for a Signatory may be removed or 
suspended from office only as provided by the law of the Signatory from 
which he was appointed. The nonfederal appointing authorities shall 
also appoint an alternate for each Director. In addition, the 
Administrator of General Services shall also appoint two nonvoting 
members who shall serve as the alternates for the federal Directors. An 
alternate Director may act only in the absence of the Director for whom 
he has been appointed an alternate, except that, in the case of the 
District of Columbia where only one Director and his alternate are 
present, such alternate may act on behalf of the absent Director. Each 
alternate, including the federal nonvoting Directors, shall serve at 
the pleasure of the appointing authority. In the event of a vacancy in 
the Office of Director or alternate, it shall be filled in the same 
manner as an original appointment.
    ``(b) Before entering upon the duties of his office each Director 
and alternate Director shall take and subscribe to the following oath 
(or affirmation) of office or any such other oath or affirmation, if 
any, as the constitution or laws of the Government he represents shall 
provide: `I, , hereby solemnly swear (or affirm) that I will support 
and defend the Constitution of the United States and the Constitution 
and laws of the state or political jurisdiction from which I was 
appointed as a director (alternate director) of the Board of Washington 
Metropolitan Area Transit Authority and will faithfully discharge the 
duties of the office upon which I am about to enter.'''.
            (2) Subsection (a) of section 9 is amended to read as 
        follows:
    ``(a) The officers of the Authority, none of whom shall be members 
of the Board, shall consist of a general manager, a secretary, a 
treasurer, a comptroller, an inspector general, and a general counsel 
and such other officers as the Board may provide. Except for the office 
of general manager, inspector general, and comptroller, the Board may 
consolidate any of such other offices in one person. All such officers 
shall be appointed and may be removed by the Board, shall serve at the 
pleasure of the Board and shall perform such duties and functions as 
the Board shall specify. The Board shall fix and determine the 
compensation to be paid to all officers and, except for the general 
manager who shall be a full-time employee, all other officers may be 
hired on a full-time or part-time basis and may be compensated on a 
salary or fee basis, as the Board may determine. All employees and such 
officers as the Board may designate shall be appointed and removed by 
the general manager under such rules of procedure and standards as the 
Board may determine.''.
            (3) Section 9 is further amended by inserting new 
        subsection (d) to read as follows (and by renumbering all 
        subsequent paragraphs of section 9):
    ``(d) The inspector general shall report to the Board and head the 
Office of the Inspector General, an independent and objective unit of 
the Authority that conducts and supervises audits, program evaluations, 
and investigations relating to Authority activities; promotes economy, 
efficiency, and effectiveness in Authority activities; detects and 
prevents fraud and abuse in Authority activities; and keeps the Board 
fully and currently informed about deficiencies in Authority activities 
as well as the necessity for and progress of corrective action.''.
            (4) Section 18 is amended by adding a new section 18(d) to 
        read as follows:
    ``(d)(1) All payments made by the local Signatory governments for 
the Authority for the purpose of matching federal funds appropriated in 
any given year as authorized under title VI, section 601, Public Law 
110-432 regarding funding of capital and preventative maintenance 
projects of 1 the Authority shall be made from amounts derived from 
dedicated funding sources.
    ``(2) For the purposes of this paragraph (d), a `dedicated funding 
source' means any source of funding that is earmarked or required under 
State or local law to be used to match Federal appropriations 
authorized under title VI, section 601, Public Law 110-432 for payments 
to the Authority.''.

SEC. 2. RIGHT TO ALTER, AMEND, OR REPEAL.

    The right to alter, amend, or repeal this Act is expressly 
reserved. The consent granted by this Act shall not be construed as 
impairing or in any manner affecting any right or jurisdiction of the 
United States in and over the region that forms the subject of the 
compact.

SEC. 3. CONSTRUCTION AND SEVERABILITY.

    It is intended that the provisions of this compact shall be 
reasonably and liberally construed to effectuate the purposes thereof. 
If any part or application of this compact, or legislation enabling the 
compact, is held invalid, the remainder of the compact or its 
application to other situations or persons shall not be affected.

SEC. 4. INCONSISTENCY OF LANGUAGE.

    The validity of this compact shall not be affected by any 
insubstantial differences in its form or language as adopted by the 
State of Maryland, Commonwealth of Virginia and District of Columbia.

SEC. 5. EFFECTIVE DATE.

    This Act shall take effect on the date of enactment of this Act.

            Passed the Senate July 28, 2009.

            Attest:

                                                NANCY ERICKSON,

                                                             Secretary.