[Congressional Record Volume 142, Number 96 (Wednesday, June 26, 1996)]
[Senate]
[Pages S7016-S7023]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        PETITIONS AND MEMORIALS

  The following petitions and memorials were laid before the Senate and 
were referred or ordered to lie on the table as indicated:

       POM-632. A resolution adopted by the House of 
     Representatives of the Commonwealth of Pennsylvania, referred 
     jointly, pursuant to the order of August 4, 1977, to the 
     Committee on Governmental Affairs, and to the Committee on 
     the Budget.

                       ``House Resolution No. 341

       ``Whereas, The Federal Highway Revenue Act of 1956 and the 
     Federal Airport and Airway Development Act of 1970 created 
     the Federal Highway Trust Fund and the Federal Airport and 
     Airway Trust Fund, respectively; and
       ``Whereas, These funds were established to deposit 
     dedicated taxes and user fees to be used to construct and 
     maintain a transportation infrastructure that is more safe 
     and efficient than any nation in the world; and
       ``Whereas, The Federal Government has also established the 
     Inland Waterways Trust Fund and the Harbor Maintenance Trust 
     Fund maintained by taxes and user fees; and
       ``Whereas, Pennsylvanians paid approximately $635 million 
     of the $14.7 billion paid into the Highway Trust Fund in 
     1994; and
       ``Whereas, The Highway Trust Fund balance has grown from 
     $9.6 billion in 1983 to $21.4 billion in 1996, with the money 
     being withhold as a way to make the Federal budget deficit 
     appear smaller; and
       ``Whereas, By the year 2002, the cash balances with total 
     $60.4 billion; and
       ``Whereas, The Federal Airport and Airway Trust Fund, with 
     a balance of $11.4 billion in 1995, will grow to $17 billion 
     in 2002 according to the President's proposed 1996-97 Federal 
     budget; and
       ``Whereas, In Fiscal Year 1996-97 proposed transportation 
     spending is reduced by $1 billion; and
       ``Whereas, The Federal Government is withholding and 
     diverting billions of transportation trust fund dollars and 
     delaying critically needed highway improvements; and
       ``Whereas, For nearly a decade Congress spent below the 
     financial capacity of the trust funds while delaying 
     critically needed highway improvements; and
       ``Whereas, Over $200 billion is needed to address current 
     United States highway deficiencies; and
       ``Whereas, Pennsylvania infrastructure is in need of major 
     repairs; and
       ``Whereas, Statistics show that for every $1 billion spent 
     on infrastructure, 42,000 good high-wage jobs are created; 
     and
       ``Whereas, Sound infrastructure is a major factor in 
     business' decision on where to locate; therefore be it
       ``Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania memorialize Congress to remove 
     the Transportation Trust Funds from the Unified Federal 
     Budget and to release those revenues for transportation 
     improvements; and be it further
       ``Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania support the efforts of Congress 
     to vote on this issue in April 1996; and be it further
       ``Resolved, That copies of this resolution be transmitted 
     to the presiding officers of each house of Congress and to 
     each member of Congress from Pennsylvania.''
                                                                    ____

       POM-633. A resolution adopted by the Board of Commissioners 
     of the Town of Manteo, North Carolina relative to dredging 
     projects and the Oregon Inlet; to the Committee on 
     Appropriations.
       POM-634. A joint resolution adopted by the Legislature of 
     the State of California; to the Committee on Foreign 
     Relations.

                   ``Assembly Joint Resolution No. 58

       ``Whereas, There are approximately 137,000 inmates 
     incarcerated in California's 31 state prison facilities and 
     38 prison camps; and
       ``Whereas, The cost of housing one inmate in state prison 
     in California for one year exceeds $21,000; and
       ``Whereas, The number of felons incarcerated in 
     California's state prison system is expected to increase by 
     15,000 felons each year; and
       ``Whereas, Felons are often housed two per cell, and in 
     double-bunked dormitory beds; and

[[Page S7017]]

       ``Whereas, The housing capacity within existing prisons is 
     being rapidly filled with dangerous, violent, and repeat 
     felons; and
       ``Whereas, All prison housing capacity in California will 
     be exhausted by late 1998; and
       ``Whereas, Approximately 12 percent of all inmates 
     incarcerated in California's state prison system are illegal, 
     undocumented aliens; and
       ``Whereas, These illegal, undocumented aliens occupy the 
     equivalent bed space of five prison facilities; and
       ``Whereas, Over the past 10 years, the budget of the 
     California Department of Corrections has increased at an 
     annual rate of about 8.1 percent, a much faster rate than 
     budgets for other state agencies; and
       ``Whereas, Without this sizable illegal, undocumented alien 
     population housed in California's state prison system, money 
     that is currently being allocated to the California 
     Department of Corrections could be used instead to build 
     additional public schools and universities, or be 
     appropriated to provide for increased public safety; and
       ``Whereas, It is the responsibility of the federal 
     government to establish the nation's immigration policy; and
       ``Whereas, The federal government has been negligent in 
     controlling the flow of illegal, undocumented aliens into the 
     United States; and
       ``Whereas, The federal government has not adequately 
     compensated the people of California for the costs incurred 
     by the federal government's negligence in failing to control 
     the flow of illegal, undocumented aliens into the United 
     States; and
       ``Whereas, The undocumented inmates incarcerated in 
     California's state prison system could be imprisoned within 
     their country of origin at less expense to the people of 
     California; and
       ``Whereas, The United States Constitution explicitly 
     prohibits states from entering into a treaty with any foreign 
     nation; now, therefore, be it
       Resolved by the Assembly and Senate of the State of 
     California, jointly, That the Legislature requests the 
     President of the United States, with United States Senate 
     ratification, to make treaties with foreign governments to 
     provide for the incarceration of illegal, undocumented alien 
     prisoners in their respective countries of origin; and be it 
     further
       Resolved, That the Chief Clerk of the Assembly transmit 
     copies of this resolution to the Governor, to the President 
     and Vice President of the United States, to the Speaker of 
     the House of Representatives, and to each Senator and 
     Representative from California in the Congress of the United 
     States.''
                                                                    ____

       POM-635. A concurrent resolution adopted by the Legislature 
     of the State of Oklahoma; to the Committee on Veterans 
     Affairs.

              Enrolled Senate Concurrent Resolution No. 57

       ``Whereas, Oklahoma's atomic veterans showed steadfast 
     dedication and undisputed loyalty to their country and made 
     intolerable sacrifices in service to their country; and
       ``Whereas, these atomic veterans gave their all during the 
     terribly hot atomic age to keep our country strong and free; 
     and
       ``Whereas, these atomic veterans were unknowingly placed in 
     the line of fire, after being assured that they faced no 
     harm, and were subjected to an ungodly bombardment of 
     ionizing radiation; and
       ``Whereas, the radiation to which they were exposed is now 
     and will continue eating away at their bodies every second of 
     every day for the rest of their lives with no hope of 
     cessation or cure; and
       ``Whereas, because their wounds were not of the 
     conventional type and were not caused by the enemy but by the 
     United States Government, the atomic veterans did not receive 
     service-connected medical and disability benefits and did not 
     receive a medal such as the Purple Heart; and
       ``Whereas, many atomic veterans have already died and 
     others will die a horrible and painful death: Now Therefore, 
     be it
       ``Resolved by the Senate of the 2nd session of the 45th 
     Oklahoma Legislature (the House of Representatives concurring 
     therein):
       ``That atomic veterans be recognized by the federal 
     government.
       ``That the United States Senators and Representatives from 
     Oklahoma propose or support legislation granting service-
     connected medical and disability benefits to all atomic 
     veterans who were exposed to ionizing radiation and propose 
     or support legislation issuing a medal to atomic veterans to 
     express the gratitude of the people and government of the 
     United States for the dedication and sacrifices of these 
     veterans.
       ``That copies of this resolution be distributed to the 
     President of the United States, the Vice President of the 
     United States, the Secretary of the United States Senate, the 
     Clerk of the United States House of Representatives, the 
     Secretary of Defense, the Secretary of Veterans Affairs, the 
     Chairs of the United States House and Senate Veterans Affairs 
     Committees, and each member of the Oklahoma Congressional 
     Delegation.''
                                                                    ____

       POM-636. A joint resolution adopted by the Legislature of 
     the State of California; to the Committee on Judiciary.

                   ``Assembly Joint Resolution No. 44

       ``Whereas, In a complaint to the Los Angeles office of the 
     United States Immigration and Naturalization Service (``the 
     INS'') in 1991, INS Special Agent Phillip L. Bonner reported 
     that his supervisors prevented him from investigating sewing 
     shops that may have been using forced Thai labor; and
       ``Whereas, It has been reported that a Thai-speaking police 
     officer in the Los Angeles Police Department reported, in an 
     affidavit to the INS, an accurate description of the labor 
     conditions that were subsequently discovered in the sewing 
     shop raid in El Monte, California; and
       ``Whereas, Reports of that raid disclosed the existence of 
     labor conditions involving the exploitation of undocumented 
     immigrants through slavery and involuntary servitude in 
     contravention of Section 6 of Article I of the California 
     Constitution and the Thirteenth Amendment to the United 
     States Constitution; and
       ``Whereas, The State of California encourages a cooperative 
     effort for open communication between all state and federal 
     agencies that are involved in the enforcement of fair labor 
     standards; now, therefore, be it
       ``Resolved by the Assembly and Senate of the State of 
     California, jointly, That the Legislature memorializes the 
     United States Department of Justice and the United States 
     Department of Labor to conduct jointly a full and 
     comprehensive investigation of the events that led to the 
     sewing shop raid in El Monte, California, coordinating that 
     investigation with all agencies involved, including, but not 
     limited to, the INS and the Division of Labor Standards 
     Enforcement of the California Department of Industrial 
     Relations; and be it further
       ``Resolved, That the United States Department of Justice 
     and the United States Department of Labor are further 
     memorialized to provide to the California Legislature a 
     preliminary report of the results of that investigation 
     within 30 days of the date this resolution is adopted, and a 
     final report of the results of that investigation within 90 
     days after that date; and be it further
       ``Resolved, That the Chief Clerk of the Assembly transmit 
     copies of this resolution to the Governor, the President and 
     Vice President of the United States, the United States 
     Department of Justice, the United States Department of Labor, 
     the United States Immigration and Naturalization Service, the 
     Speaker of the House of Representatives, each Senator and 
     Representative from California in the Congress of the United 
     States, the California Department of Industrial Relations, 
     and the Los Angeles Police Department.''
                                                                    ____

       POM-637. A petition adopted by the Legislature of the State 
     of Maryland; to the Committee on the Judiciary.

                           ``Senate Bill 742

       ``Whereas, Traffic congestion imposes serious economic 
     burdens in the Metropolitan Washington, DC area, costing 
     commuters an estimated $1,000 each per year; and
       ``Whereas, the volume of traffic in the Metropolitan 
     Washington, D.C. area is expected to increase by more than 
     70% between 1990 and 2020; and
       ``Whereas, the deterioration of the Woodrow Wilson Memorial 
     Bridge and the growing population of the Metropolitan 
     Washington, D.C. area contribute significantly to traffic 
     congestion; and
       ``Whereas, the Woodrow Wilson Memorial Bridge serves as a 
     vital link in the Interstate System and the Northeast 
     corridor, and identifying alternative methods for maintaining 
     the bridges is critical to addressing traffic congestion in 
     the Metropolitan Washington, D.C. area; and
       ``Whereas, the Woodrow Wilson Memorial Bridge is the only 
     drawbridge in the Metropolitan Washington, D.C. area on the 
     Interstate System and the only segment of the Capital Beltway 
     with less than six lanes and a remaining expected life of 
     less than 10 years; and
       ``Whereas, the Woodrow Wilson Memorial Bridge was 
     constructed by the Federal Government and is the only part of 
     the Interstate System owned by the Federal Government; and
       ``Whereas, the Federal Government, in the past, paid 100% 
     of the cost of building and rehabilitating the bridge and has 
     a continuing responsibility to fund the future costs 
     associated with the upgrading of the Potomac River crossing 
     on Interstate 95, including the rehabilitation and 
     reconstruction of the bridge; and
       ``Whereas, the Woodrow Wilson Memorial Bridge coordination 
     committee is undertaking planning studies pertaining to the 
     bridge, consistent with the National Environmental Policy Act 
     of 1969 and other applicable Federal laws; and
       ``Whereas, the transfer of the ownership of the bridge to a 
     regional authority under the terms and conditions of this 
     compact would foster regional transportation planning efforts 
     to identify solutions to the growing problem of traffic 
     congestion on and around the bridge; and
       ``Whereas, the authority should maximize the use of 
     existing public and private sector entities to provide 
     necessary project services, including management, 
     construction, legal, accounting, and operating services, and 
     not create a new bureaucracy or organizational structure; and
       ``Whereas, any material change to the bridge must take into 
     account the interests of nearby communities, the commuting 
     public, Federal, State, and local government organizations, 
     and other affected groups; and
       ``Whereas, a commission of Federal, State, and local 
     officials and transportation representatives has recommended 
     to the Secretary of the U.S. Department of Transportation 
     that the bridge be transferred to an

[[Page S7018]]

     independent authority to be established by the Commonwealth 
     of Virginia, the State of Maryland, and the District of 
     Columbia; now, therefore, the State of Maryland, the 
     Commonwealth of Virginia, and the District of Columbia, 
     hereafter referred to as the signatories, covenant and agree 
     as follows:

                              ``CHAPTER I

               ``Woodrow Wilson Bridge and Tunnel Compact

                      ``General Compact Provisions

                              ``Article I


                             ``definitions

       ``As used in the compact the following words shall have the 
     following meanings:
       ``1. `Bridge' means the existing Woodrow Wilson Memorial 
     Bridge.
       ``2. `Cost', as applied to the project, means the cost of 
     acquisition of all lands, structures, rights-of-way, 
     franchise, easements, and other property rights and 
     interests; the cost of lease payments; the cost of 
     construction; the cost of demolishing, removing, or 
     relocating any buildings or structures on lands acquired, 
     including the cost of acquiring any lands to which such 
     buildings or structures may be moved or relocated; the cost 
     of demolition of the current structure; the cost to relocate 
     residents or businesses from properties acquired for the 
     project; the cost of any extensions, enlargements, additions, 
     and improvements; the cost of all labor, materials, 
     machinery, and equipment, financing charges, and interest of 
     all bonds prior to and during construction and, if deemed 
     advisable by the Woodrow Wilson Memorial Bridge and tunnel 
     authority, of such construction; the cost of engineering, 
     financial and legal services, plans, specifications, studies, 
     surveys, estimates of costs and revenues, and other expenses 
     necessary or incident to determining the feasibility or 
     practicability of constructing the project, administrative 
     expenses, provisions for working capital, and reserves for 
     interest and for extensions, enlargements, additions, and 
     improvements; the cost of bond insurance and other devices 
     designed to enhance the creditworthiness of the bonds; and 
     such other expenses as may be necessary or incidental to the 
     construction of the project, the financing of such 
     construction, and the planning of the project in operation.
       ``3. `Owner' includes all persons as defined in article 1, 
     Sec. 19 of the code having any interest or title in and to 
     property, rights, franchises, easements, and interests 
     authorized to be acquired by this compact.
       ``4. `Project' means the upgrading of the Interstate route 
     95 Potomac River crossing in accordance with the selected 
     alternative developed by the Woodrow Wilson Bridge 
     Coordinating Committee. ``Project'' includes on-going short-
     term rehabilitation and repair of the bridge and may include 
     one or more of the following:
       ``A. Construction of a new bridge in the vicinity of the 
     bridge;
       ``B. Construction of a tunnel in the vicinity of the 
     bridge;
       ``C. Long-term rehabilitation or reconstruction of the 
     bridge;
       ``D. Upon the bridges or within the tunnel described in 
     subparagraphs A, B, and C, of this paragraph, or in 
     conjunction with work on interstate Route 95 and other 
     approach roadways as described in subparagraph E of this 
     paragraph:
       ``(1) Work necessary to provide rights-of-way for a rail 
     transit facility or bus or high occupancy vehicle lanes 
     including the construction or modification of footings, 
     piers, bridge deck, roadways, other structural support 
     systems, and related improvements; and
       ``(2) The construction of travel lanes for high occupancy 
     vehicles or buses;
       ``E. Work on Interstate Route 95 and other approach 
     roadways if necessitated by, or necessary to accomplish, an 
     activity described in subparagraphs A, B, or C, of this 
     paragraph; and
       ``F. Construction or acquisition of any building, 
     improvement, addition, replacement, appurtenance, land, 
     interest in land, water right, air right, machinery, 
     equipment, furnishing, landscaping, easement, utility, 
     roadway, or other facility that is necessitated by, or 
     necessary to accomplish an activity described in this 
     paragraph.

                              ``Article II

       ``There is hereby created the Woodrow Wilson Memorial 
     Bridge and Tunnel Authority, hereinafter referred to as the 
     Authority.

                             ``Article III

       ``The Authority shall be an instrumentality and common 
     agency of the Commonwealth of Virginia, State of Maryland, 
     and the District of Columbia, and shall have the power 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.

                              ``Article IV

       ``1. The Authority shall be governed by a board of nine 
     voting members and two nonvoting members appointed as 
     follows:
       ``a. Three members shall be appointed by and serve at the 
     pleasure of the Governor of the Commonwealth of Virginia;
       ``b. Three members shall be appointed by the Governor of 
     the State of Maryland, with the advice and consent of the 
     Senate of Maryland, and shall serve at the pleasure of the 
     Governor of the State of Maryland;
       ``c. Two members shall be appointed with the concurrence of 
     the Governors of the Commonwealth of Virginia and the State 
     of Maryland and the Mayor of the District of Columbia;
       ``d. One member shall be appointed by the U.S. Secretary of 
     Transportation; and
       ``e. Two additional members, who shall be non-voting 
     members, shall be appointed by the Mayor of the District of 
     Columbia.
       ``2. Members, other than members who are elected officials, 
     shall have backgrounds in finance, construction lending, and 
     infrastructure policy disciplines. At least one member of the 
     board from Maryland and one member of the board from Virginia 
     shall be elected officials each of whom represents a 
     political subdivision that has jurisdiction over the area at 
     an end of the bridge, bridges, or tunnel.
       ``3. No person in the employment of or holding any official 
     relationship to any person or company doing business with the 
     Authority, or having any interest of any nature in any such 
     person or company or affiliate or associate thereof, shall be 
     eligible for appointment as a member or to serve as an 
     employee of the Authority or to have any power or duty or 
     receive any compensation in relation thereto.
       ``4. The Chairperson of the Authority shall be elected from 
     among the voting members on a biennial basis.
       ``5. The voting members may also elect a secretary and a 
     treasurer, or a secretary-treasurer, who may be members of 
     the Authority, and prescribe their duties and powers.
       ``6. A. Members appointed by the signatories shall serve a 
     six-year term, except that each signatory shall make its 
     appointments as follows:
       ``(1) The initial terms of the three members appointed 
     solely by each Governor shall be as follows:
       ``(I) One member shall be appointed for a six-year term;
       ``(II) One member shall be appointed for a four-year term; 
     and
       ``(III) One member shall be appointed for a two-year term.
       ``(2) The initial terms of the members appointed jointly by 
     the Governors of the Commonwealth of Virginia and the State 
     of Maryland and the Mayor of the District of Columbia shall 
     be as follows:
       ``(I) One member shall be appointed for a six-year term; 
     and
       ``(II) One member shall be appointed for a four-year term.
       ``(3) The initial terms of the nonvoting members appointed 
     by the Mayor of the District of Columbia shall be as follows:
       ``(I) One member shall be appointed for a six-year term; 
     and
       ``(II) One member shall be appointed for a four-year term.
       ``B. The term of the member appointed by the U.S. Secretary 
     of Transportation shall be for two years.
       ``7. The failure of a signatory or the Secretary of 
     Transportation to appoint one or more members shall not 
     impair the Authority's creation when the signatories are in 
     compliance with the other terms of the compact.
       ``8. Any person appointed to fill a vacancy shall serve for 
     the unexpired term. A member of the Authority may not serve 
     for more than two terms.
       ``9. The members of the Authority, including nonvoting 
     members, if any, shall not be personally liable for any act 
     done or action taken in their capacities as members of the 
     Authority, nor shall they be personally liable for any bond, 
     note, or other evidence of indebtedness issued by the 
     Authority.
       ``10. Six voting members shall constitute a quorum and a 
     majority of the quorum shall be required for any action by 
     the Authority, with the following exceptions:
       ``a. Seven affirmative votes shall be required to approve 
     bond issues and the annual budget of the Authority; and
       ``b. A motion may not be approved if all three members 
     appointed solely by each Governor cast negative votes.
       ``11. Any sole source procurement of goods, services, or 
     construction in excess of $250,000 shall require the prior 
     approval of a majority of all of the voting members of the 
     Authority.
       ``12. Members shall serve without compensation and shall 
     reside in the Metropolitan Washington area. Members shall be 
     entitled to reimbursement for their expenses incurred in 
     attending the meetings of the Authority and while otherwise 
     engaged in the discharge of their duties as members of the 
     Authority.
       ``13. The Authority may employ such engineering, technical, 
     legal, clerical, and other personnel on a regular, part-time 
     or consulting basis as in its judgment subject to the 
     provisions of chapter I, article X of this compact, may be 
     necessary for the discharge of its duties. The Authority 
     shall not be bound by any statute or regulation of any 
     signatory in the employment or discharge of any officer or 
     employee of the Authority, except as may be contained in this 
     compact.
       ``14. A. The Authority shall establish its office for the 
     conduct of its affairs at a location to be determined by the 
     Authority and shall publish rules and regulations governing 
     the conduct of its operations.
       ``B. (1) The rules and regulations shall include, but shall 
     not be limited to, an ethics code, public access to 
     information, administrative procedures, and open meetings, 
     and shall be consistent with similar practices currently 
     adopted in Maryland, Virginia, and the District of Columbia.
       ``(2) The Authority may adopt regulations after publication 
     of notice of intention to adopt the regulations published in 
     a newspaper of general circulation in the Metropolitan 
     Washington, D.C. area, and after an opportunity for public 
     comment.

[[Page S7019]]

       ``(3) The Authority shall also publish a notice to adopt 
     the regulations in the Maryland register.

                              ``Article V

       ``Nothing in this compact shall be construed to amend, 
     alter, or in any way affect the power of the signatories and 
     their political subdivisions to levy and collect taxes on 
     property or income or upon the sale of any material, 
     equipment, or supplies or to levy, assess, and collect 
     franchise or other similar taxes or fees for the licensing of 
     vehicles and the operation thereof.

                              ``Article VI

       ``This compact shall be adopted by the signatories in the 
     manner provided by law. This compact shall become effective 
     after the commonwealth of Virginia and the District of 
     Columbia have adopted acts similar in substance to this act.

                             ``Article VII

       ``1. Any signatory may withdraw from the compact upon one 
     year's written notice to that effect to the other 
     signatories. In the event of a withdrawal of one of the 
     signatories from the compact, the compact shall be 
     terminated; provided, however, that no revenue bonds, notes, 
     or other evidence of obligation issued pursuant to Chapter 
     II, Article VI or any other financial obligations of the 
     Authority remain outstanding and that the withdrawing 
     signatory has made a full accounting of its financial 
     obligations, if any, to the other signatories.
       ``2. Upon the termination of this compact, the jurisdiction 
     over the matters and persons covered by this compact shall 
     revert to the signatories and the federal government, as 
     their interests may appear.

                             ``Article VIII

       ``Each of the signatories pledges to each of the other 
     signatories faithful cooperation in the development and 
     implementation of the project.

                              ``Article IX

       ``1. The Authority shall not undertake the ownership of the 
     Bridge, or any duties or responsibilities associated 
     therewith, nor undertake any of the responsibilities and 
     powers provided in this compact until the Governors of the 
     State of Maryland and the Commonwealth of Virginia and the 
     Mayor of the District of Columbia have entered into an 
     agreement with the U.S. Secretary of Transportation including 
     provisions governing the transfer of the bridge from the 
     Federal Government to the Authority, and which shall provide 
     for a contractual commitment by the Federal Government to 
     provide Federal funding for the project including at a 
     minimum, a 100% share for the following:
       ``A. The cost of the continuing rehabilitation of the 
     bridge until such time as the project is operational;
       ``B. An amount, as determined by the Woodrow Wilson 
     Memorial Bridge Coordination Committee, equivalent to the 
     cost of replacing the bridge with a comparable modern bridge 
     designed according to current engineering standards;
       ``C. The cost of planning, preliminary engineering and 
     design, right-of-way acquisition, environmental studies and 
     documentation, and final engineering for the project; and
       ``D. A substantial contribution towards remaining project 
     costs.
       ``2. Such federal funds shall be in addition to and shall 
     not diminish the federal transportation funding allocated or 
     apportioned to the Commonwealth of Virginia and the State of 
     Maryland. Upon all parties' approval of this agreement, the 
     Authority shall have sole responsibility for duties 
     concerning ownership, construction, operation, and 
     maintenance of the project. At least 30 days before the 
     Governor of Maryland enters into an agreement under this 
     article, the Governor shall submit the agreement to the 
     Legislative Policy Committee for its review and comment.

                              ``Article X

       ``1. Within a reasonable period after this compact becomes 
     effective under article VI of this chapter, the authority 
     shall prepare and submit to the Governors of the Commonwealth 
     of Virginia and the State of Maryland. And the Mayor of the 
     District of Columbia, a management plan that includes:
       ``A. An organizational structure;
       ``B. A staffing plan that includes job descriptions; and
       ``C. A proposed salary schedule consistent with existing 
     salary schedules for similar positions in the State of 
     Maryland, the Commonwealth of Virginia, and the District of 
     Columbia.
       ``2. The authority shall not implement the provisions of 
     this compact until the Governors of the Commonwealth of 
     Virginia and the State of Maryland and the Mayor of the 
     District of Columbia have approved the management plan.
       ``3. Subsequent to the approval of the management plan, the 
     authority may increase the number of its employees and their 
     salary levels, provided that such increases do not result in 
     a 20 percent increase above the level in the approved 
     management plan. Increases in excess of 20 percent shall 
     require an amendment to the approved plan. A proposed 
     amendment shall be submitted to, and approved by, the 
     Governors of the Commonwealth of Virginia and the State of 
     Maryland, and the Mayor of the District of Columbia, prior to 
     becoming effective.
       ``4. In the conduct of its responsibilities and duties, the 
     authority shall maximize the use of existing public and 
     private sector entities to provide necessary services, 
     including management, construction, legal, accounting, and 
     other services, as the authority may deem necessary.

                              ``Article XI

       ``1. Except as provided herein, the Authority shall be 
     liable for its contracts and for its torts and those of its 
     directors, officers, employees, and agents. For tort actions 
     arising out of conduct occurring in Maryland, Maryland tort 
     and sovereign immunity law shall apply. The exclusive remedy 
     for such breach of contracts and torts for which the 
     Authority shall be liable, as herein provided, shall be by 
     suit against the Authority. Nothing contained in this Act 
     shall be construed as a waiver by the State of Maryland, the 
     Commonwealth of Virginia, or the District of Columbia of any 
     immunity from suit.
       ``2. The United States district courts shall have original 
     jurisdiction, concurrent with the courts of the Commonwealth 
     of Virginia, the State of Maryland, and the District of 
     Columbia, of all actions brought by or against the Authority. 
     Any such action initiated in a state court or the Superior 
     Court of the District of Columbia shall be removable to the 
     appropriate United States district court in the manner 
     provided by act of June 25, 1948, as amended (28 U.S.C. 
     1446).

                             ``Article XII

       ``1. If any part or provision of this compact or the 
     application thereof to any person or circumstance is adjudged 
     invalid by any court of competent jurisdiction, the judgment 
     shall be confined in its operation to the part, provision, or 
     application directly involved in the controversy in which 
     such judgment shall have been rendered and shall not affect 
     or impair the validity of the remainder of this compact or 
     the application thereof to other persons or circumstances, 
     and the signatories hereby declare that they would have 
     entered into this compact or the remainder thereof had the 
     invalidity of such provision or application thereof been 
     apparent.
       ``2. This compact shall be liberally construed to 
     effectuate the purposes for which it is created.

                              ``CHAPTER II

          ``Woodrow Wilson Bridge and Tunnel Revenue Bond Act

                              ``Article I


                             ``definitions

       ``The definitions set forth in Chapter I, Article I of the 
     Woodrow Wilson Memorial Bridge and Tunnel Compact shall also 
     apply to this act.

                              ``Article II


 ``bonds, notes, or other evidence of obligation, not to constitute a 
                     debt or pledge of taxing power

       ``Revenue bonds, notes, or other evidence of obligation, 
     issued under the provisions of this Act shall not be deemed 
     to constitute a debt or a pledge of the faith and credit of 
     the Authority or of any signatory government or political 
     subdivision thereof, but such bonds, notes, or other evidence 
     of obligation, shall be payable solely from the funds herein 
     provided therefor from tolls and other revenues. The issuance 
     of revenue bonds, notes, or other evidence of obligation, 
     under the provisions of this Act shall not directly or 
     indirectly or contingently obligate the Authority, or any 
     signatory government or political subdivision thereof, to 
     levy or to pledge any form of taxation whatever therefor. 
     All such revenue bonds, notes, or other evidence of 
     obligation, shall contain a statement on their face 
     substantially to the foregoing effect.

                             ``Article III


                  ``additional powers of the authority

       ``Without in any manner limiting or restricting the powers 
     heretofore given to the Authority, and contingent upon the 
     execution of the agreement referred to in Chapter I, Article 
     IX of this compact, the Authority is hereby authorized and 
     empowered:
       ``1. To establish, finance, construct, maintain, repair, 
     and operate the project;
       ``2. To assume full rights of ownership of the Bridge;
       ``3. Subject to the approval of the Governors of the 
     Commonwealth of Virginia and the State of Maryland and the 
     Mayor of the District of Columbia of the portions of the 
     project in their respective jurisdictions, and in accordance 
     with the recommendations of the Woodrow Wilson Memorial 
     Bridge Coordinating Committee, to determine the location, 
     character, size, and capacity of the project; to establish, 
     limit, and control such points of ingress to and egress from 
     the project as may be necessary or desirable in the judgment 
     of the Authority to ensure the proper operation and 
     maintenance of the project; and to prohibit entrance to such 
     project from any point or points not so designated;
       ``4. To secure all necessary federal, state, and local 
     authorizations, permits, and approvals for the construction, 
     maintenance, repair, and operation of the project;
       ``5. To adopt and amend bylaws for the regulation of its 
     affairs and the conduct of its business;
       ``6. To adopt and amend rules and regulations to carry out 
     the powers granted by this section;
       ``7. To acquire, by purchase or condemnation, in the name 
     of the Authority; and to hold and dispose of real and 
     personal property for the corporate purposes of the 
     Authority;

[[Page S7020]]

       ``8. To employ consulting engineers, a superintendent or 
     manager of the project, and such other engineering, 
     architectural, construction, and accounting experts, and 
     inspectors, attorneys, and such other employees as may be 
     deemed necessary, and within the limitations prescribed in 
     this Act, and to prescribe their powers and duties and to fix 
     their compensation;
       ``9. To pay, from any available moneys, the cost of plans, 
     specifications, surveys, estimates of cost and revenues, 
     legal fees, and other expenses necessary or incident to 
     determining the feasibility or practicability of 
     financing, constructing, maintaining, repairing, and 
     operating the project;
       ``10. To issue revenue bonds, notes, or other evidence of 
     obligation of the Authority, for any of its corporate 
     purposes, payable solely from the tolls and revenues pledged, 
     for their payment, and to refund its bonds, all as provided 
     in this Act;
       ``11. To fix and revise from time to time and to charge and 
     collect tolls and other charges for the use of the project;
       ``12. To make and enter into all contracts or agreements, 
     as the Authority may determine, which are necessary or 
     incidental to the performance of its duties and to the 
     execution of the powers granted under this Act;
       ``13. To accept loans and grants of money, or materials or 
     property at any time from the United States of America, the 
     Commonwealth of Virginia, the State of Maryland, the District 
     of Columbia, or any agency or instrumentality thereof;
       ``14. To adopt an official seal and alter the seal at its 
     pleasure;
       ``15. Subject to Chapter I, Article IX, to sue and be sued, 
     plead and be impleaded, all in the name of the Authority;
       ``16. To exercise any power usually possessed by private 
     corporations performing similar functions, including the 
     right to expend, solely from funds provided under the 
     authority of this Act, such funds as may be considered by the 
     Authority to be advisable or necessary in advertising its 
     facilities and services to the traveling public;
       ``17. To enter into contracts with existing governmental 
     entities in the Commonwealth of Virginia, the State of 
     Maryland, or the District of Columbia, or with private 
     business entities for the purpose of allowing those entities 
     to undertake all or portions of the project, including, but 
     not limited to, design, engineering, financing, construction, 
     and operation of the project, as the authority may deem 
     necessary;
       ``18. To establish and maintain a police force, or to enter 
     into a contract with an existing governmental entity in the 
     State of Maryland, the Commonwealth of Virginia, or the 
     District of Columbia to provide police services, as the 
     authority may deem necessary;
       ``19. To enter into partnerships or grant concessions 
     between the public and private sectors for the purpose of:
       ``A. Financing, contructing, maintaining, improving, or 
     operating the project; or
       ``B. Fostering development of new transportation related 
     technologies to be used in the construction and operation of 
     the project, utilizing the law of any signatory in the 
     discretion of the authority;
       ``20. To carry out or contract with other entities to carry 
     out maintenance of traffic activities during the construction 
     of the project that are considered necessary by the authority 
     to manage traffic and minimize congestion, such as public 
     information campaigns, improvements designed to encourage 
     appropriate use of alternative routes, use of high occupancy 
     vehicles and transit services, and deployment and operation 
     of intelligent transportation technologies; and
       ``21. To do all acts and things necessary or incidental to 
     the performance of its duties and the execution of its powers 
     under this Act.

                              ``Article IV

                      ``A. Acquisition of Property

       ``The Authority is hereby authorized and empowered to 
     acquire by purchase, whenever it shall deem such purchase 
     expedient, solely from funds provided under the authority of 
     this Act, such lands, structures, rights-of-way, property, 
     rights, franchises, easements, and other interests in lands, 
     including lands laying under water and riparian rights, which 
     are located within the Metropolitan Washington area, as the 
     authority may deem necessary or convenient for the 
     construction and operation of the project, upon such terms 
     and at such prices as may be considered by it to be 
     reasonable and can be agreed upon between it and the owner 
     thereof; and to take title thereto in the name of the 
     Authority.
       ``All counties, cities, towns and other political 
     subdivisions and all public agencies and authorities of the 
     signatories, notwithstanding any contrary provision of law, 
     are hereby authorized and empowered to lease, lend, grant, or 
     convey to the Authority at the Authority's request, upon such 
     terms and conditions as the proper authorities of such 
     counties, cities, towns, political subdivisions, agencies, or 
     authorities may deem reasonable and fair and without the 
     necessity for any advertisement, order of court, or other 
     action or formality, other than the regular and formal action 
     of the authorities concerned, any real property which may be 
     necessary or convenient to the effectuation of the authorized 
     purposes of the Authority, including public roads and other 
     real property already devoted to public use.
       ``Whenever a reasonable price cannot be agreed upon, or 
     whenever the owner is legally incapacitated or is absent, 
     unknown or unable to convey valid title, the Authority is 
     hereby authorized and empowered to acquire by condemnation or 
     by the exercise of the power of eminent domain any lands, 
     property, right, rights-of-way, franchises, easements, and 
     other property deemed necessary or convenient for the 
     construction or the efficient operation of the project or 
     necessary in the restoration of public or private property 
     damaged or destroyed.
       ``Whenever the Authority acquires property under this 
     Article IV of Chapter II, it shall comply with the applicable 
     federal law relating to relocation and relocation assistance. 
     If there is no applicable federal law, the Authority shall 
     comply with the provision of the state law of the signatory 
     in which the property is located governing relocation and 
     relocation assistance.
       ``In advance of undertaking any acquisition of property or 
     easements in Maryland or the condemnation of such property, 
     the Authority must obtain from the Maryland Board of Public 
     Works approval of a plan identifying the properties to be 
     obtained for the project. Condemnation proceedings shall be 
     in accordance with the provisions of state law of the 
     signatory in which the property is located governing 
     condemnation by the highway agency of such state. Nothing in 
     this Act shall be construed to authorize the Authority to 
     condemn the property of the Commonwealth of Virginia, the 
     State of Maryland , or the District of Columbia.

                            ``B. Procurement

       ``1. Except as provided in subsections 2, 3, and 6 of this 
     Section B, and except in the case of procurement procedures 
     otherwise expressly authorized by law, the Authority in 
     conducting a procurement of goods, services, or construction 
     shall: a. obtain full and open competition through the use of 
     competitive procedures in accordance with the requirements of 
     this section; and b. use the competitive procedure or 
     combination of competitive procedures that is best suited 
     under the circumstances of the procurement. In determining 
     the competitive procedure appropriate under the 
     circumstances, the Authority shall: a. solicit sealed bids 
     if: (i) time permits the solicitation, submission, and 
     evaluation of sealed bids; (ii) the award will be made on the 
     basis of price and other price-related factors; (iii) it is 
     not necessary to conduct discussions with the responding 
     sources about their bids; and (iv) there is a reasonable 
     expectation of receiving more than one sealed bid; or b. 
     request competitive proposals if sealed bids are not 
     appropriate under clause a. of this sentence.
       ``2. The Authority may use procedures other than 
     competitive procedures if: a. the goods, services, or 
     construction needed by the Authority are available from only 
     one responsible source and no other type of goods, services, 
     or construction will satisfy the needs of the Authority; b. 
     the Authority's need for the goods, services, or construction 
     is of such an unusual and compelling urgency that the 
     Authority would be seriously injured unless the Authority 
     limits the number of sources from which it solicits bids or 
     proposals; or c. the goods or services needed can be obtained 
     through federal or other governmental sources at reasonable 
     prices.
       ``3. For the purpose of applying subsection 2.a of this 
     section: a. in the case of a contract for goods, services, or 
     construction to be awarded on the basis of acceptance of an 
     unsolicited proposal, the goods, services, or construction 
     shall be deemed to be available from only one responsible 
     source if the source has submitted an unsolicited proposal 
     that demonstrates a concept: (i) that is unique and 
     innovative or, in the case of a service, for which the source 
     demonstrates a unique capability to provide the service; and 
     (ii) the substance of which is not otherwise available to the 
     Authority and does not resemble the substance of a pending 
     competitive procurement. b. In the case of a follow-on 
     contract for the continued development or production of a 
     major system or highly specialized equipment or the continued 
     provision of highly specialized services, the goods, 
     services, or construction may be deemed to be available from 
     only the original source and may be procured through 
     procedures other than competitive procedures if it is likely 
     that award to a source other than the original source would 
     result in: (i) substantial duplication of cost to 
     the Authority that is not expected to be recovered through 
     competition; or (ii) unacceptable delays in fulfilling the 
     Authority's needs.
       ``4. If the Authority uses procedures other than 
     competitive procedures to procure property, services, or 
     construction under subsection 2.b. of this section, the 
     Authority shall request offers from as many potential sources 
     as is practicable under the circumstances.
       ``5. a. To promote efficiency and economy in contracting, 
     the Authority may use simplified acquisition procedures for 
     purchases of property, services, and construction. b. For the 
     purposes of this subsection, simplified acquisition 
     procedures may be used for purchases for an amount that does 
     not exceed the simplified acquisition threshold adopted by 
     the federal government. c. A proposed purchase or contract 
     for an amount above the simplified acquisition threshold may 
     not be divided into several purchases or contracts for lesser 
     amounts in order to use the procedures under paragraph a. of 
     this subsection. d. In using simplified acquisition 
     procedures, the Authority shall promote competition to the 
     maximum extent practicable.

[[Page S7021]]

       ``6. The authority shall adopt policies and procedures to 
     implement this section. The policies and procedures shall 
     provide for publication of notice of procurements and other 
     actions designed to secure competition where competitive 
     procedures are used.
       ``7. The Authority in its sole discretion may reject any 
     and all bids or proposals received in response to a 
     solicitation.
       ``8. In structuring ALL procurements the Authority shall 
     comply with Federal laws, regulations or other Federal 
     Requirements set forth in grant agreements or elsewhere, as 
     they may be amended from time to time, governing minority 
     business enterprise participation.

                              ``Article V


                          ``Incidental Powers

       ``The Authority shall have power to construct grade 
     separations at intersections of the project with public 
     highways and to change and adjust the lines and grades of 
     such highways so as to accommodate the same to the design of 
     such grade separation. The cost of such grade separations and 
     any damage incurred in changing and adjusting the lines and 
     grades of such highways shall be ascertained and paid by the 
     Authority as a part of the cost of the project.
       ``If the Authority shall find it necessary to change the 
     location of any portion of any public highway, it shall cause 
     the same to be reconstructed at such location as the 
     Authority shall deem most favorable and of substantially the 
     same type and in as good condition as the original highway. 
     The cost of such reconstruction and any damage incurred in 
     changing the location of any such highway shall be 
     ascertained and paid by the Authority as a part of the cost 
     of the project.
       ``Any public highway affected by the construction of the 
     project may be vacated or relocated by the Authority in the 
     manner now provided by law for the vacation or relocation of 
     public roads, and any damages awarded on account thereof 
     shall be paid by the authority as a part of the cost of the 
     project.
       ``The Authority shall also have power to make regulations 
     for the installation, construction, maintenance, repair, 
     renewal, relocation, and removal of tracks, pipes, mains, 
     conduits, cables, wires, towers, poles, and other equipment 
     and appliances (herein called ``public utility facilities'') 
     of any public utility in, on, along, over, or under the 
     project. Whenever the Authority shall determine that it is 
     necessary that any such public utility facilities which now 
     are, or hereafter may be, located in, on, along, over, or 
     under the project should be relocated in the project, or 
     should be removed from the project, the public utility owning 
     or operating such facilities shall relocate or remove the 
     same in accordance with the other of the Authority, provided 
     that the cost and expenses of such relocation or removal, 
     including the cost of installing such facilities in a new 
     location or new locations, and the cost of any lands, or any 
     rights or interests in lands, and any other rights, acquired 
     to accomplish such relocation or removal, shall be 
     ascertained and paid by the Authority as a part of the cost 
     of the project. In case of any such relocation or removal of 
     facilities, the public utility owning or operating the same, 
     its successors or assigns, may maintain and operate such 
     facilities, with the necessary appurtenances, in the new 
     location or new locations, for as long a period, and upon the 
     same terms and conditions, as it had the right to maintain 
     and operate such facilities in their former location or 
     locations.

                              ``Article VI


                          ``project financing

       ``The authority is hereby authorized to provide for the 
     issuance, at one time or from time to time, of revenue bonds 
     of the authority for the purpose of paying all or any part of 
     the cost of the project or of any portion or portions of the 
     project. The principal of and the interest on the bonds shall 
     be payable solely from the funds provided in this compact for 
     the payment. Any bonds of the authority issued pursuant to 
     this article shall not constitute a debt of the State of 
     Maryland or any political subdivision of the State other than 
     the authority, and shall so state on their face. Neither the 
     members of the authority nor any person executing such bonds 
     shall be liable personally thereon by reason of the issuance 
     thereof. The bonds of each issue shall be dated, shall bear 
     interest at a rate or rates and shall mature at any time not 
     exceeding forty years from the date of the bonds, as may be 
     determined by the authority, at any price and under any terms 
     and conditions as may be fixed by the authority prior to the 
     issuance of the bonds.
       ``The Authority shall determine the form and the manner of 
     execution of the bonds and shall fix the denomination or 
     denominations of the bonds and the place or places of 
     payments of principal and interest, which may be at any bank 
     or trust company within or without the state of Maryland.
       ``In the event any officer whose signature or facsimile of 
     whose signature shall appear on any bonds or coupons shall 
     cease to be the officer until the delivery of such bonds, the 
     signature or the facsimile shall nevertheless be valid and 
     sufficient for all purposes as if the officer had remained in 
     office until such delivery. The bonds may be issued in a form 
     as determined by the Authority. The Authority may sell the 
     bonds in any manner, either at public or private sale, and 
     for any price as it may determine will best effect the 
     purposes of this compact.
       ``The proceeds of the bonds of each issue shall be used 
     solely for the payment of the cost of the project and shall 
     be disbursed in the manner and under the restrictions, if 
     any, as the Authority may provide in the resolution 
     authorizing the issuance of the bonds or in the trust 
     indenture securing the same.
       ``If the proceeds of the bonds of any issue shall be less 
     than such cost by error of estimates or otherwise, additional 
     bonds may be issued to provide the amount of such deficit and 
     unless otherwise provided in the resolutions authorizing the 
     issuance of such bonds or in the trust indenture securing the 
     same, shall be deemed to be of the same issue and shall be 
     entitled to payment from the same fund without preference or 
     priority of the bonds first issued. If the proceeds of the 
     bonds of any issue shall exceed such cost, the surplus shall 
     be deposited to the credit of the sinking fund for such 
     bonds.
       ``Prior to the preparation of definitive bonds, the 
     Authority may, under like restrictions, issue interim 
     receipts or temporary bonds, with or without coupons, 
     exchangeable for definitive bonds that have been executed and 
     are available for delivery. The Authority may also provide 
     for the replacement of any bonds that become mutilated, 
     destroyed, or lost. Bonds may be issued under the provisions 
     of this compact without obtaining the consent of any 
     department, division, commission, board, bureau, or agency of 
     the compact signatories, and without any provisions or 
     requirements other than those proceedings, conditions, or 
     things which are specifically required by this article.

                             ``Article VII


                           ``Trust Indenture

       ``In the discretion of the Authority, any bonds, notes, or 
     other evidence of obligation issued under the provisions of 
     this Act may be secured by a trust indenture by and between 
     the Authority and a corporate trustee, which may be any trust 
     company or bank having the powers of a trust company within 
     or without the State of Maryland. Such trust indenture or 
     the resolution providing for the issuance of such bonds 
     may pledge or assign the tolls and other revenues to be 
     received, but shall not convey or mortgage the project or 
     any part thereof.

                             ``Article VIII


                               ``Revenues

       ``The Authority is hereby authorized to fix, revise, 
     charge, and collect tolls for the use of the project, and to 
     contract with any person, partnership, association, or 
     corporation desiring the use thereof, and to fix the terms, 
     conditions, rents, and rates of charges for such use.
       ``Such tolls shall be so fixed and adjusted in respect of 
     the aggregate of tolls from the project as to provide a fund 
     sufficient in combination with other revenues, if any, to pay 
     (i) the cost of maintaining, repairing, and operating such 
     project and (ii) the principal of and the interest on such 
     bonds as the same shall become due and payable, and to create 
     reserves for such purposes. The tolls and all other revenues 
     derived from the project in connection with which the bonds 
     of any issue shall have been issued, except such part thereof 
     as may be necessary to pay such cost of maintenance, repair, 
     and operation and to provide such reserves therefor as may be 
     provided for in the resolution authorizing the issuance of 
     such bonds or in the trust indenture securing the same, shall 
     be set aside at such regular intervals as may be provided in 
     such resolution or such trust indenture in a sinking fund 
     which is hereby pledged to, and charged with, the payment of 
     the principal of and the interest on such bonds as the same 
     shall become due, and, upon the approval of the Governors of 
     the Commonwealth of Virginia and the State of Maryland and 
     the Mayor of the District of Columbia, the redemption price 
     or the purchase price of bonds retired by call or purchase as 
     therein provided. Such pledge shall be valid and binding from 
     the time when the pledge is made; the tolls or other revenues 
     or other moneys so pledged and thereafter received by the 
     Authority shall immediately be subject to the lien of such 
     pledge without any physical delivery thereof or further act, 
     and the lien of any such pledge shall be valid and binding as 
     against all parties having claims of any kind in tort, 
     contract, or otherwise against the Authority, irrespective of 
     whether such parties have notice thereof. Neither the 
     resolution nor any trust indenture by which a pledge is 
     created need be filed or recorded except in the records of 
     the Authority. The use and disposition of moneys to the 
     credit of such sinking fund shall be subject to the 
     provisions of the resolution authorizing the issuance of such 
     bonds or of such trust indenture. Except as may otherwise be 
     provided in such resolution or such trust indenture, such 
     sinking fund shall be a fund for all such bonds without 
     distinction or priority of one over another.
       ``Tolls shall be set at rates such that revenues generated 
     by the project shall not exceed that necessary to meet 
     requirements under any applicable trust indenture for the 
     project.

                              ``Article IX


                             ``Trust Funds

       ``All moneys received pursuant to the authority of this 
     Act, whether as proceeds from the sale of bonds or as 
     revenues, shall be deemed to be trust funds to be held and 
     applied solely as provided in this Act. The resolution 
     authorizing the bonds of any issue or the trust indenture 
     securing such bonds shall provide that any officer with whom, 
     or any

[[Page S7022]]

     bank or trust company with which, such moneys shall be 
     deposited shall act as trustee of such moneys and shall hold 
     and apply the same for the purposes thereof, subject to such 
     regulations as this Act and such resolution or trust 
     indenture may provide.

                              ``Article X


                               ``Remedies

       ``Any holder of bonds, notes, or other evidence of 
     obligation issued under the provisions of this Act or any of 
     the coupons appertaining thereto, and the trustee under any 
     trust indenture, except to the extent the rights herein given 
     may be restricted by such trust indenture or the resolution 
     authorizing the issuance of such bonds, notes, or other 
     evidence of obligation, may, either at law or in equity, by 
     suit, action, mandamus or other proceeding, protect and 
     enforce any and all rights under the laws of the State of 
     Maryland, the Commonwealth of Virginia, or the District of 
     Columbia or granted hereunder or under such trust indenture 
     or the resolution authorizing the issuance of such bonds, 
     notes, or other evidence of obligation, and may enforce and 
     compel the performance of all duties required by this Act or 
     by such trust indenture or resolution to be performed by the 
     Authority or by any officer thereof, including the fixing, 
     charging, and collecting of tolls.

                              ``Article XI


                            ``Tax Exemption

       ``The exercise of the powers granted by this Act will be in 
     all respects for the benefit of the people of the State of 
     Maryland and for the increase of their commerce and 
     prosperity, and as the operation and maintenance of the 
     project will constitute the performance of essential 
     governmental functions, the Authority shall not be required 
     to pay any taxes or assessments upon the project or any 
     property acquired or used by the Authority under the 
     provisions of this Act or upon the income therefrom, and the 
     bonds, notes, or other evidence of obligation issued under 
     the provisions of this Act, and the income therefrom shall at 
     all times be free from taxation within the State of Maryland.

                             ``Article XII


``bonds, notes, or other evidence of obligation eligible for investment

       ``Bonds, notes, or other evidence of obligation issued by 
     the Authority under the provisions of this Act are hereby 
     made securities in which all public officers and public 
     bodies of the State of Maryland and its political 
     subdivisions, all insurance companies, trust companies, 
     banking associations, investment companies, executors, 
     administrators, trustees, and other fiduciaries may properly 
     and legally invest funds, including capital in their control 
     or belonging to them. Such bonds, notes, or other evidence of 
     obligation are hereby made securities which may properly and 
     legally be deposited with and received by any State of 
     Maryland or municipal officer or any agency or political 
     subdivision of the State of Maryland for any purpose for 
     which the deposit of bonds, notes, or other evidence of 
     obligation is now or may hereafter be authorized by law.

                             ``Article XIII


                            ``miscellaneous

       ``Any action taken by the Authority under the provisions of 
     this Act may be authorized by resolution at any regular or 
     special meeting, and each such resolution shall take effect 
     immediately and need not be published or posted.
       ``The project when constructed and opened to traffic shall 
     be maintained and kept in good condition and repair by the 
     Authority. The project shall also be policed and operated by 
     such force of police, toll-takers, and other operating 
     employees as the Authority may in its discretion employ. The 
     authority may enter into a contractual agreement with an 
     existing governmental entity in Maryland or Virginia to 
     provide these services. An Authority police officer shall 
     have all the powers granted to a peace officer and a police 
     officer of the State of Maryland. However, an Authority 
     police officer may exercise these powers only on property 
     owned, leased, operated by, or under the control of the 
     Authority, and may not exercise these powers on any other 
     property unless:
       ``(1) Engaged in fresh pursuit of a suspected offender;
       ``(2) Specially requested or permitted to do so in a 
     political subdivision by its chief executive officer or its 
     chief police officer; or
       ``(3) Ordered to do so by the Governors of the State of 
     Maryland, the Commonwealth of Virginia, or the Mayor of the 
     District of Columbia, as the circumstances may require.
       ``All other police officers of the signatory parties and of 
     each county, city, town, or other political subdivision of 
     the State of Maryland through which the project, or portion 
     thereof, extends shall have the same powers and jurisdiction 
     within the limits of such project as they have beyond such 
     limits and shall have access to the project at any time for 
     the purpose of exercising such powers and jurisdiction.
       ``On or before the last day of August in each year, the 
     Authority shall make an annual report of its activities for 
     the preceding fiscal year to the Governors of the State of 
     Maryland and the Commonwealth of Virginia and the Mayor of 
     the District of Columbia. Each such report shall set forth 
     a complete operating and financial statement covering its 
     operations during the year. The Authority shall cause an 
     audit of its books and accounts to be made at least one in 
     each year by certified public accountants and the cost 
     thereof may be treated as a part of the cost of 
     construction or operation of the project. The records, 
     books, and accounts of the Authority shall be subject to 
     examination and inspection by duly authorized 
     representatives of the governing bodies of Maryland, 
     Virginia, and the District of Columbia and by any 
     bondholder or bondholders at any reasonable time, provided 
     the business of the Authority is not unduly interrupted or 
     interfered with thereby.
       ``Any member, agent, or employee of the authority who 
     contracts with the Authority or is interested, either 
     directly or indirectly, in any contract with the Authority or 
     in the sale of any property, either real or personal, to the 
     Authority shall be guilty of a misdemeanor, and, upon 
     conviction may be punished by a fine of not more than $1,000 
     or by imprisonment for not more than one year, or both.
       ``Any person who uses the project and fails or refuses to 
     pay the toll provided therefore shall be guilty of a 
     misdemeanor, and, upon conviction may be punished by a fine 
     not more than $100 or by imprisonment for not more than 
     thirty days, or both.
       ``Section 2. And be it further enacted, That this Act may 
     not take effect until a similar Act is passed by the 
     Commonwealth of Virginia and the District of Columbia; that 
     the Commonwealth of Virginia and the District of Columbia are 
     requested to concur in this Act of the General Assembly of 
     Maryland by the passage of a similar Act; that the Department 
     of Legislative Reference shall notify the appropriate 
     officials of the Commonwealth of Virginia, the District of 
     Columbia, and the United States Congress of the passage of 
     this Act; and that upon the concurrence in this Act by the 
     Commonwealth of Virginia and the District of Columbia and 
     approval by the United States Congress, the Governor of the 
     State of Maryland shall issue a proclamation declaring this 
     Act valid and effective and shall forward a copy of the 
     proclamation to the Director of the Department of Legislative 
     Reference.
       ``Section 3. And be it further enacted, That, subject to 
     Section 2 of this Act, this Act shall take effect October 1, 
     1996.''
                                                                    ____

       POM-638. A resolution adopted by the Senate of the 
     Legislature of the Commonwealth of Massachusetts; to the 
     Committee on the Judiciary.

                              ``Resolution

       ``Whereas, in a five-to-four decision on April eighteenth, 
     nineteen hundred and ninety, the United States Supreme Court 
     extended the power of the judicial branch of government 
     beyond any defensible bounds; and
       ``Whereas, in Missouri v. Jenkins (110 Sup. Ct. 1651 
     (1990)), the United States Supreme Court held that a Federal 
     court had the power to order an increase in State and local 
     taxes; and
       ``Whereas, this unprecedented decision violates one of the 
     fundamental tenets of the doctrine of separation of powers, 
     that the members of the Federal judiciary should not have the 
     power to tax; and
       ``Whereas, in response to this decision, several Members of 
     Congress have introduced a constitutional amendment to re-
     establish a principle that has been well settled: judges do 
     not have the power to tax; and
       ``Whereas, the passage of such constitutional amendment 
     (first by a two-thirds majority in both Houses of Congress 
     and then by three-fourths of the several States' legislatures 
     or conventions) would serve not only to reverse in 
     unfortunate decision, but also to reassert the legislature's 
     constitutional role in maintaining a strong tripartite system 
     of government, a system in which each of the branches is 
     constrained by the others; and
       ``Whereas, such proposed constitutional amendment is a long 
     overdue response to a federal judiciary that, in the pursuit 
     of seemingly good ends, fails to recognize the constitutional 
     limits on its power; and
       ``Whereas, in addition to being introduced in the United 
     States Congress such constitutional amendment has also been 
     proposed by several States; and
       ``Whereas, the test of such proposed constitutional 
     amendment reads: ``Neither the Supreme Court nor any inferior 
     court of the United States shall have the power to instruct 
     or order a State or political subdivision thereof, or an 
     official of such State or political subdivision, to levy or 
     increase taxes''; and
       ``Whereas, such amendment seeks properly to prevent Federal 
     courts from levying or increasing taxes without 
     representation of the people and against the people's wishes; 
     therefore be it
       ``Resolved, That the Massachusetts Senate hereby 
     memorializes the United States Congress to propose and submit 
     to the several States for ratification no later than January 
     first, nineteen hundred and ninety-six, an amendment to the 
     Constitution of the United States, the text of which 
     amendment shall read; `Neither the Supreme Court nor any 
     inferior court of the United States shall have the power to 
     instruct or order a State or political subdivision thereof, 
     or an official of such State or political subdivision, to 
     levy or increase taxes'; and calls upon the Massachusetts 
     Congressional Delegation to use immediately the full measure 
     of its resources and influence in order to ensure the passage 
     of such amendment to the Constitution of the United States, 
     which provides that no court shall have the power to levy or 
     increase taxes; and further proposes that the

[[Page S7023]]

     legislatures of each of the several States comprising the 
     United States which have not yet made similar requests apply 
     to the United States Congress requesting enactment of such 
     amendment to the United States Constitution; and be it 
     further
       ``Resolved, That the copies of these resolutions be 
     transmitted forthwith by the clerk of the Senate to the Vice 
     President of the United States as the Presiding Officer of 
     the Senate, the Speaker of the House of Representatives, each 
     member of the Massachusetts Congressional Delegation, and the 
     presiding officer and minority party leader in each House of 
     the legislatures of each State in the Union.''

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