[Congressional Record Volume 155, Number 115 (Tuesday, July 28, 2009)]
[Senate]
[Page S8203]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CARDIN (for himself, Ms. Mikulski, Mr. Webb, and Mr. 
        Warner):
  S.J. Res. 19. A 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; considered and passed.
  Mr. President, I ask unanimous consent that the text of the joint 
resolution be printed in the Record.
  There being no objection, the text of the joint resolution was 
ordered to be printed in the Record, as follows:

                              S.J. Res. 19

       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.

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