[111th Congress Public Law 62]
[From the U.S. Government Printing Office]

[[Page 1997]]


[[Page 123 STAT. 1998]]

Public Law 111-62
111th Congress

                            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. <<NOTE: Aug. 19, 2009 -  [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,


    (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 
    (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,

[[Page 123 STAT. 1999]]

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 
    ``(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 

    ``(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 
            (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.''.

[[Page 123 STAT. 2000]]

            (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) <<NOTE: Definition.>>  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.''.


    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.


    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.


    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.


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

    Approved August 19, 2009.


            July 28, considered and passed Senate.
            July 31, considered and passed House.