Supreme Court of the United States upon certiorari or certification as provided in sections 239 and 240 of the Judicial Code, as amended (U.S.C. Title 28, sections 346 and 347).

62 Stat. 928.

"(b) The commencement of proceedings under subsection (a) of 28 USC 1254. this section shall not, unless specifically ordered by the court, operate as a stay of the Commission's order.

74 STAT. 1046.

"(c) The Commission shall not, nor shall any of its members, 74 STAT. 1047. officers, agents, or employees, be taxed with any costs, nor shall they or any of them be required to give any supersedeas bond or security for cost or damages on any appeal whatsoever taken under this comF pact. Said Commission, or any of its members, officers, agents, or employees, shall not be liable to suit or action or for any judgment or decree for any damages, loss, or injury claimed by any person resulting from action taken under this compact, nor required in any case arising under this compact to make any deposit for costs or pay for any service to the clerks of any court or to the marshal of the United States.

"Enforcement of Act; Penalty for Violations

"18. (a) Whenever it shall appear to the Commission that any person is engaged or about to engage in any acts or practices which constitute or will constitute a violation of the provisions of this Act, or of any rule, regulation, or order thereunder, it may, in its discretion, bring an action in the United States District Court for any district in which such person resides or carries on business or in which the violation occurred, to enjoin such acts or practices and to enforce compliance with this Act or any rule, regulation or order thereunder, and upon a proper showing a permanent or temporary injunction or decree or restraining order shall be granted without bond.

"(b) Upon application of the Commission, the United States District Court for any district in which such person resides or carries on business, or in which the violation occurred, shall have jurisdiction to issue appropriate order or orders commanding any person to comply with the provisions of this Act or any rule, regulation, or order of the Commission thereunder.

"(c) The Commission may employ such attorneys as it finds necessary for proper legal aid and service of the Commission or its members in the conduct of their work, or for proper representation of the public interest in investigations made by it, or cases or proceedings pending before it, whether at the Commission's own instance or upon complaint, or to appear for or represent the Commission in any case in court; and the expenses of such employment shall be paid out of any funds of the Commission.

(d) Any person knowingly and willfully violating any provision of this statute, or any rule, regulation, requirement, or order thereto, or any term or condition of any certificate shall, upon conviction thereof, be fined not more than $100 for the first offense and not more than $500 for any subsequent offense. Each day of such violation shall constitute a separate offense.

"Expenses of Investigations and Other Proceedings

"19. (a) All reasonable expenses of any investigation, or other proceeding of any nature, conducted by the Commission, of or concerning any carrier, and all expenses of any litigation, including appeals, arising from any such investigation or other proceeding, shall be borne by such carrier. Such expenses, with interest at not to exceed 6 per centum (6%) per annum may be charged to operating expenses and amortized over such period as the Commission shall deem proper and

71-725 O-66-39

74 STAT. 1047. 74 STAT. 1048.

49 USC 1, 301, 901, 1001, 1231.

be allowed for in the rates to be charged by such carrier. When any such investigation or other proceeding has been initiated it shall be the duty of the carrier to pay to the Commission, from time to time, such reasonable sum or sums as, in the opinion of the Commission, are necessary to cover the expenses which by this section are required to be borne by such carrier. The money so paid by the carrier shall be deposited in the name and to the credit of the Commission, in any bank or other depository located in the Metropolitan District designated by the Commission, and may be disbursed by the Commission for the purpose of defraying expenses of the investigation, proceeding, or litigation in question. Any unexpended balance of the sum or sums so paid by such carrier remaining after the payment of such expenses shall be returned to such carrier.

"(b) The amount expended by the Commission in any calendar year in all investigations or other proceedings of or concerning any one

carrier shall not exceed

"(1) one-half of one per centum of the gross operating revenues of such carrier, derived from transportation subject to this Act, for its last preceding fiscal year; or

"(2) in the case of a carrier which was not engaged in such transportation during the whole of its last preceding fiscal year, one-half of 1 per centum of the average gross operating revenues, derived from transportation subject to this Act, of all other carriers (exclusive of carriers to which this subparagraph (2) applies) for their last preceding fiscal year.

"(c) For the purpose of subsections (a) and (b) of this section"The provisions of this section shall apply to any person engaged in transportation subject to the Act and any person who makes application under Section 4 for a certificate of public convenience and necessity.

"Applicability of Other Laws

"20. (a) Upon the date this Act becomes effective, the applicability of all laws of the signatories, relating to or affecting transportation subject to this Act and to persons engaged therein, and all rules, regulations and orders promulgated or issued thereunder, shall except to the extent in this Act specified, be suspended, except that

"(1) The laws of the signatories relating to inspection of equipment and facilities, wages and hours of employees, insurance or similar security requirements, school fares, and free transportation for policemen and firemen shall remain in force and effect. "(2) Upon the date this Act becomes effective, Certificates of Public Convenience and Necessity or Permits issued by the Interstate Commerce Commission to any carrier subject to the jurisdiction of this Commission shall be suspended only during the existence of this compact, provided such suspension shall not affect the authority of such certificate or permit-holder to transport special and chartered parties as now authorized by the Interstate Commerce Act and the rules and regulations promulgated thereunder by the Interstate Commerce Commission, notwithstanding any other provisions of this Act.

"(b) In the event any provision or provisions of this Act exceed the limits imposed upon the legislature of any signatory by the Constitution of such signatory, the obligations, duties, powers or juris diction sought to be conferred by such provision or provisions upon the Commission shall be ineffective and such obligations, duties, powers or jurisdiction shall remain in the signatory and shall be exercised by the agency thereof to which such obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact

becomes effective. Such agency, however, in order to achieve the objective of this compact to effectuate the regulation of mass transit on a unified and coordinated basis throughout the Metropolitan District, shall refer to the Commission for its recommendations all

matters arising under this Title so reserved to such signatory and all 74 STAT. 1048, matters exempted from this Title pursuant to the proviso clause of 74 STAT. 1049. Section 1(b) of this Title. The recommendations of the Commission with respect to such matters shall be advisory only.

"Existing Rules, Regulations, Orders, and Decisions

"21. All rules, regulations, orders, decisions, or other action prescribed, issued, made, or taken by the Interstate Commerce Commission, the Public Utilities Commission of the District of Columbia, the Public Service Commission of Maryland, or the State Corporation Commission of Virginia, and which are in force at the time this section takes effect, with respect to transportation or persons subject to this Act, shall remain in effect, and be enforceable under this Act and in the manner specified by this Act, according to their terms, as though they had been prescribed, issued, made, or taken by the Commission pursuant to this Act, unless and until otherwise provided by such Commission in the exercise of its powers under this Act.

"Transfer of Records

"22. The Public Utilities Commission of the District of Columbia, the Interstate Commerce Commission, the State Corporation Commission of Virginia, and the Public Service Commission of Maryland shall transfer or make available to the Commission such of their records as pertain to matters which by this Act are placed under the jurisdiction of the latter Commission."

"Pending Actions or Proceedings

"23. (a) No suit, action, or other judicial proceeding commenced prior to the date this Act takes effect by or against the Public Utilities Commission of the District of Columbia, the Interstate Commerce Commission, the Public Service Commission of Maryland, or the State Corporation Commission of Virginia, or any officer of any such commission in his official capacity or in relation to his discharge of official duties, shall be affected by the enactment of this compact and same shall be prosecuted and determined in accordance with the law applicable at the time such proceeding was commenced.

(b) To the extent that the Commission determines such action to be necessary or appropriate in the exercise of the powers and duties vested in or imposed upon it by this Act, such Commission shall continue and carry to a conclusion any proceeding, hearing, or investigation which, at the time this compact takes effect, is pending before the Public Utilities Commission of the District of Columbia, the Interstate Commerce Commission, the Public Service Commission of Maryland, or the State Corporation Commission of Virginia. In the event the Commission assumes jurisdiction in any such case, it shall be governed by the provisions of this compact and not by the provisions of law applicable at the time the proceedings were instituted."

"Annual Report of the Commission

"24. The Commission shall make an annual report to the Governor of Virginia and the Governor of Maryland, and to the Board of Commissioners of the District of Columbia as soon as practicable after

the 1st day of January of each year, which shall contain, in addition to a report of the work performed under this Act, such other information and recommendations concerning passenger transportation within the Metropolitan District, as the Commission deems advisable."

SEC. 2. The Commissioners of the District of Columbia are authorized and directed to enter into and execute on behalf of the United States for the District of Columbia a compact substantially as set forth above with the States of Virginia and Maryland and are further authorized and directed to carry out and effectuate the terms and provisions of said compact, and there are hereby authorized to be appropriated such funds as are necessary to carry out the obligations of the District of Columbia in accordance with the terms of the said compact: Provided, That the said Commissioners shall not adopt any amendment to the said compact for the District of Columbia under the provisions of section 1 of article IX of the compact unless the said amendment has had the consent or approval of the Congress.

SEC. 8. That, upon the effective date of the compact and so long thereafter as the compact remains effective, the applicability of the laws of the United States, and the rules, regulations, and orders promulgated thereunder, relating to or affecting transportation under the compact and to the persons engaged therein, including those provisions of section 6(e) of the District of Columbia Traffic Act, 1925, as amended by the Act approved February 27, 1931 (46 Stat. 1426; Sec. 40-603 (e), D.C. Code, 1981 edition), relating to the powers of the Public Utilities Commission of the District of Columbia and the Joint Board created under such section, is suspended, except as otherwise specified in the compact, to the extent that such laws, rules, regulations, and orders are inconsistent with or in duplication of the provisions of the compact: Provided, That upon the termination of the compact, the suspension of such laws, rules, regulations, and orders, if not theretofore repealed, shall terminate and such laws, rules, regulations, and orders shall thereupon again become applicable and legally effective without further legislative or administrative action: Provided further, That nothing in this Act or in the compact shall affect the normal and ordinary police powers of the signatories and of the political subdivisions thereof and of the Director of the National Park Service with respect to the regulation of vehicles, control of traffic and use of streets, highways, and other vehicular facilities: Provided further, That nothing in this Act or in the compact consented to and approved hereby shall impair or affect the rights, duties, and obligations created by the Act of July 24, 1956 (ch. 669, 70 Stat. 598), granting a franchise to D.C. Transit System, Inc.: Provided further, That the term "public interest" as used in section 12(b) of article XII, title 11 of the Compact shall be deemed to include, among other things, the interest of the carrier employees affected: And provided further, That nothing herein shall be deemed to render inapplicable any laws of the United States providing benefits for the employees of any carrier subject to this compact or relating to the wages, hours, and working conditions of employees of any carrier, or to collective bargaining between the carriers and said employees, or to the rights to self-organization, including, but not limited to, the Labor-Management Relations Act, 1947, as amended, and the Fair Labor Standards Act, as amended. Notwithstanding any provision of this section to the contrary, the jurisdiction of the Public Utilities Commission of the District of Columbia and of the Interstate Commerce Commission over all carriers and persons subject to the provisions of the Washington Metropolitan Area Transit Regulation Compact are hereby transferred, as and to the extent provided therein, to the Washington Metropolitan Area Transit Commission.

SEC. 4. The consent and approval of Congress set forth in the first Strikes. section of this Act is given on the express condition that sections 4(d) (3) and 12(d) of article XII of such compact shall not be used to break a lawful strike by the employees of any carrier authorized to provide service pursuant to such compact.

74 STAT. 1050.

SEC. 5. The consent of Congress is granted upon the condition that, 74 STAT. 1051. within three years from the date of this enactment, section 1(a) (4) of article XII of the compact be amended as set forth below, and, in the event the compact is not so amended within such specified time, the suspension of the applicability of the laws of the United States, and the rules, regulations or orders promulgated thereunder shall terminate with respect to the transportation specified below and any carrier whose only transportation over a regular route within the Metropolitan District is such transportation shall not be deemed a carrier subject to the compact:

"(4) transportation performed in the course of an operation over a regular route between a point in the Metropolitan District and a point outside the Metropolitan District, including transportation between points on such regular route within the Metropolitan District, if authorized by certificate of public convenience and necessity or permit issued by the Interstate Commerce Commission, as to interstate and foreign commerce, and any carrier whose only transportation within the Metropolitan District is within this exemption shall not be deemed to be a carrier subject to the compact."

SEC. 6. Jurisdiction is hereby conferred (1) upon the United States Jurisdiction Court of Appeals for the Fourth Circuit and the United States Court of courts. of Appeals for the District of Columbia Circuit, respectively, to review orders of the Washington Metropolitan Area Transit Commission as provided by section 17, article XII, title II, of the Washington metropolitan area transit regulation compact, and (2) upon the United States district courts to enforce the provisions of said title II as provided in section 18, article XII, title II, of said compact.

SEC. 7. (a) The right to alter, amend, or repeal this Act is hereby expressly reserved.

(b) The Washington Metropolitan Area Transit Commission shall Reports to submit to Congress copies of all periodic reports made by that Commis- Congress. sion to the Governors, the Commissioners of the District of Columbia and/or the legislatures of the compacting States.

(c) The Congress or any committee thereof shall have the right to require the disclosure and furnishing of such information by the Washington Metropolitan Area Transit Commission as is deemed appropriate by the Congress or any of its committees. Further, Congress or any of its committees shall have access to all books, records and papers of the Washington Metropolitan Area Transit Commission as well as the right of inspection of any facility use, owned, leased, regulated or under the control of said Commission.

Approved September 15, 1960.