[Congressional Record (Bound Edition), Volume 155 (2009), Part 14]
[Senate]
[Pages 19536-19538]
[From the U.S. Government Publishing Office, www.gpo.gov]




   AMENDMENTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT REGULATION 
                                COMPACT

  Mr. BROWN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S.J. Res. 19, introduced 
earlier today.
  The assistant legislative clerk read as follows:

       A joint resolution (S.J. Res. 19) granting the consent and 
     approval of Congress to amendments made by the State of 
     Maryland,

[[Page 19537]]

     the Commonwealth of Virginia, and the District of Columbia to 
     the Washington Metropolitan Area Transit Regulation Compact.

  There being no objection, the Senate proceeded to consider the joint 
resolution.
  Mr. CARDIN. Mr. President, today the Senate will adopt the final 
measure required to authorize $3 billion in dedicated Fcderal and local 
funding for the Washington, DC, regional Metrorail system. Today, the 
Senate will give its consent and approval 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.
  This compact amendment, jointly agreed to by Maryland, Virginia and 
DC, makes the changes required by Federal legislation enacted last year 
which authorizes capital and preventive maintenance projects for the 
Washington Metro system.
  A joint resolution of Congress is needed to authorize any changes in 
interstate compacts. This resolution which I introduced today with my 
colleagues, Senators Mikulski, Webb and Warner, simply provides that 
necessary congressional consent.
  The National Capital Transportation Amendments Act, often referred to 
as the Metro funding bill, was included as title VI of Division B of PL 
110-432, legislation requiring significant improvement to rail safety 
nationally. The Metro funding bill authorizes $1.5 billion over 10 
years for capital and preventive maintenance of the Metro system. It 
prohibits these funds from being used for system expansion, which 
requires separate authorization.
  The Metro funding bill includes three provisions requiring changes to 
the regional compact that governs the system. First, it requires an 
expansion of the governing board to include two Federal members with 
voting rights. Second, it requires that the non-Federal jurisdictions 
provide dedicated funding to match, dollar for dollar, Federal funds. 
Finally, the legislation requires a change in the governing compact to 
establish an Office of Inspector General for the system.
  The jurisdictions acted with great speed, enacting these changes to 
the compact during their legislative sessions this spring. On June 17th 
they jointly sent a letter to Chairman Leahy and Ranking Member 
Sessions requesting the Congress's consent to the changes that the 
jurisdictions have approved.
  Today we will provide our consent to these compact amendments and in 
so doing we have adopted the final measure required to authorize $3 
billion in dedicated Federal and local funding for the Washington, DC, 
regional Metrorail system.
  Earlier today, I spoke on the Senate floor about the horrible tragedy 
that claimed nine lives on the Metrorail system. I offered my 
condolences to those who lost loved ones. I also took note of the 
unique Federal responsibility we have for the Metro system, which is 
really America's subway. During rush hour, more than 40 percent of 
Metro riders are Federal employees.
  Today we mourn those lost in a tragic accident. But we must do more 
than extend our sympathy. We must also act. That is why I am proud to 
have offered the resolution adopted by the Senate today, and why I will 
continue to fight to ensure that this body is doing everything it can 
so that a similar tragedy is never repeated.
  Mr. BROWN. Mr. President, I ask unanimous consent that the joint 
resolution be read three times and passed, the preamble be agreed to, 
the motions to reconsider be laid upon the table, with no intervening 
action or debate, and that any statements relating to the joint 
resolution be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The joint resolution (S. J. Res. 19) was ordered to be engrossed for 
a third reading, was read the third time, and passed.
  The preamble was agreed to.
  The joint resolution, with its preamble, reads 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):

[[Page 19538]]

       ``(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.

  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Mr. President, are we in a period of morning business?
  The PRESIDING OFFICER. The Senate is in a period of morning business.

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