Granting the consent of Congress to amendments to the Washington Metropolitan Area Transit Regulation Compact.
PL 101-505 (H.J.Res.520), enacted 11/03/1990

104 STAT. 1300 
PUBLIC LAW 101-505—NOV. 3, 1990 
Public Law 101-505 
101st Congress 
Joint Resolution 
Nov. 3, 1990 
Granting the consent of Congress to amendments to the Washington Metropolitan 
[H.J. Res. 520] 
Area Transit Regulation Compact. 
Whereeis the Commonwealth of Virginia, the State of Maryland, and 
the Commissioners of the District of Columbia entered into and 
executed the Washington Metropolitan Area Transit Regulation 
Compact on December 22,1960; 
Whereas Congress gave its consent under Public Law 86-794 (74 
Stat. 1031) to the entry into the Compact by the Commonwealth of 
Virginia and the State of Maryland, and authorized and directed 
the Commissioners of the District of Columbia to enter into and 
execute the Compact on behalf of the United Stetes for the 
District of Columbia; 
Whereas Congress gave its consent under Public Law 87-767 (76 
Stat. 764) to the Commonwealth of Virginia and the State of 
Maryland to effectuate certain amendments to the Compact, and 
authorized and directed the Commissioners of the District of 
Columbia to effectuate those amendments on behalf of the United 
States for the District of Columbia; 
Whereas the Washington Metropolitan Area Transit Regulation 
Compact Review Committee, a review committee appointed by the 
signatories to the Compact, has recommended that the Compact 
be amended; and 
Whereas the Commonwealth of Virginia, the State of Maryland, and 
the District of Columbia have adopted identical amendments to 
the Compact: Now, therefore, be it 
Resolved by the Senate and House of Representatives of the United 
State listing. 
States of America in Congress assembled. 
SECTION 1. CONGRESSIONAL CONSENT.—The consent of Congress is 
hereby given to the Commonwecilth of Virginia, the Stete of Mary-
land, and the District of Columbia to effectuate the amendments to 
the Washington Metropolitan Area Transit Regulation Compact 
adopted by such States and the District under which the Compact is 
amended to read as follows: 
"TITLE I 
"GENERAL COMPACT PROVISIONS 
"ARTICLE I 
"There is created the Washington Metropolitan Area Transit 
District, referred to as the Metropolitan District, which shall in-
clude: the District of Columbia; the cities of Alexandria and Falls 
Church of the Commonwealth of Virginia; Arlington County and 
Fairfax County of the Commonwealth of Virginia, the political 
subdivisions located within those counties, and that portion of 
PUBLIC LAW 101-505—NOV. 3, 1990 
104 STAT. 1301 
Loudoun County, Virginia, occupied by the Washington Dulles 
International Airport; Montgomery County and Prince Greorge's 
County of the State of Maryland, and the political subdivisions 
located within those counties; and all other cities now or hereafter 
existing in Maryland or Virginia within the geographic area 
bounded by the outer boundaries of the combined area of those 
counties, cities, and airports. 
"ARTICLE II 
"1. The signatories hereby create the 'Washington Metropolitan 
Area Transit Commission', hereafter called the 'Commission', which 
shall be an instrumentality of the District of Columbia, the 
Commonwealth of Virginia, and the State of Maryland, and shall 
have the powers and duties set forth in the Compact and those 
additional powers and duties conferred upon it by subsequent action 
of the signatories. 
"2. The Commission shall have jurisdiction coextensive with the 
Metropolitan District for the regulation of passenger transportation 
within the Metropolitan District on a coordinated basis, without 
regard to political boundaries within the Metropolitan District, as 
set forth in this Compact. 
"ARTICLE III 
"1. (a) The Commission shall be composed of three members, one 
member appointed by the Governor of Virginia from the State 
Corporation Commission of the Commonwealth of Virginia, one 
member appointed by the Governor of Maryland from the Maryland 
Public Service Commission, and one member appointed by the 
Mayor of the District of Columbia from the Public Service Commis-
sion of the District of Columbia. 
"(b) A member appointed shall serve for a term coincident with 
the term of that member on the agency of the signatory, and a 
member may be removed or suspended from office as the law of the 
appointing signatory provides. 
"(c) Vacancies shall be filled for an unexpired term in the same 
manner as an original appointment. 
"2. A person in the emplojnnent of or holding an official relation 
to a person or company subject to the jurisdiction of the Commission 
or having an interest of any nature in a person or company or 
affiliate or associate thereof, may not hold the office of Commis-
sioner or serve as an employee of the Commission or have any power 
or duty or receive any compensation in relation to the Commission. 
"8. (a) The Commission shall select a chairman from among its 
members. 
"(b) The chairman shall be responsible for the Commission's work 
and shall have all powers to discharge that duty. 
"4. A signatory may pay the Commissioner from its jurisdiction 
the salary or expenses, if any, that it considers appropriate. 
"5. (a) The Commission may employ engineering, technical, legal, 
clerical, and other personnel on a regular, part-time, or consulting 
basis to assist in the discharge of its functions. 
"(b) The Commission is not bound by any statute or regulation of a 
signatory in the employment or discharge of an officer or employee 
of the Commission, except that cont£iined in this Compact. 
39-194 O - 91 - 11 : QL 3 Part 2 
104 STAT. 1302 
PUBLIC LAW 101-505—NOV. 3, 1990 
"6. The Commission shall establish its office at a location to be 
determined by the Commission within the Metropolitan District and 
shall publish rules and regulations governing the conduct of its 
operations. 
"ARTICLE IV 
"1. (a) The signatories shall bear the expenses of the Commission 
in the manner set forth here. 
"(b) The Commission shall submit to the Governor of Virginia, the 
Governor of Maryland, and the Mayor of the District of Columbia, 
when requested, a budget of its requirements for the period required 
by the laws of the signatories for presentation to the legislature. 
"(c) The Commission shall allocate its expenses among the sig-
natories in the proportion that the population of each signatory 
within the Metropolitan District bears to the total population of the 
Metropolitan District. 
"(dXi) The Commission shall base its allocation on the latest 
available population statistics of the Bureau of the Census; or 
"(ii) If current population data are not available, the Commission 
may, upon the request of a signatory, employ estimates of popu-
lation prepared in a manner approved by the Commission and by 
the signatory making the request. 
"(e) The Governors of the two states and the Mayor of the District 
of Columbia shall approve the allocation made by the Commission. 
"2. (a) The signatories shall appropriate their proportion of the 
budget for the expenses of the Commission and shall pay that 
appropriation to the Commission. 
"(b) The budget of the Commission and the appropriations of the 
signatories may not include a sum for the payment of salaries or 
expenses of the Commissioners. 
"(c) The provisions of section 2.1-30 (1979) of the Code of Virginia 
do not apply to any official or employee of the Commonwealth of 
Virginia acting or performing services under this Act. 
"3. (a) If the Commission requests and a signatory makes available 
personnel, services, or material which the Commission would other-
wise have to employ or purchase, the Commission shall— 
"(i) determine an amount; and 
"(ii) reduce the expenses allocable to a signatory. 
"(b) If any services in kind are rendered, the Commission shall 
return to the signatory an amount equivalent to the savings to the 
Commission represented by the contribution in kind. 
"4. (a) The Commission shall have the power to establish fees 
under regulations, including but not limited to filing fees and 
annual fees. 
"(b) The Commission shall return to the signatories fees estab-
lished by it in proportion to the share of the Commission's expenses 
borne by each signatory in the fiscal year during which the fees 
were collected. 
Records. 
"5. (a) The Commission shall keep accurate books of account, 
showing in full its receipts and disbursements. 
"(b) The books of account shall be open for inspection by rep-
resentatives of the respective signatories at any reasonable time. 
PUBLIC LAW 101-505—NOV. 3, 1990 
104 STAT. 1303 
"ARTICLE V 
"1. An action by the Commission may not be effective unless a 
maiority of the members concur. 
2. An order entered by the Commission under the provisions of 
Title II of this Act which affects operations or matters solely intra-
state or solely within the District of Columbia may not be effective 
unless the Commissioner from the affected signatory concurs. 
"3. Two members of the Commission are a quorum. 
"4. The Commission may delegate by regulation the tasks that it 
considers appropriate. 
"ARTICLE VI 
"This Compact does not amend, alter, or affect the power of the 
signatories and their political subdivisions to levy and collect taxes 
on the property or income of any person or company subject to this 
Act or upon any material, equipment, or supplies purchased by that 
person or company or to levy, assess, and collect franchise or other 
similar taxes, or fees for the licensing of vehicles and their oper-
ation. 
"ARTICLE VII 
"This amended Compact shall become effective 90 days after the 
Effective date, 
signatories adopt it. 
"ARTICLE VIII 
"1. (a) This Compact may be amended from time to time without 
the prior consent or approval of the Congress of the United States 
and any amendment shall be effective unless, within one year, the 
Congress disapproves that amendment. 
"(b) An amendment may not be effective unless adopted by each of 
the signatories. 
"2. (a) A signatory may withdraw from the Compact upon written 
notice to the other signatories. 
"(b) In the event of a withdrawsd, the Compact shall be termi-
nated at the end of the Commission's next full fiscal year following 
the notice. 
"3. Upon the termination of this Compact, the jurisdiction over 
the matters and persons covered by this Act shall revert to the 
signatories and the federal government, as their interests may 
appear, and the applicable laws of the signatories and the federal 
government shall be reactivated without further legislation. 
"ARTICLE IX 
"Each of the signatories pledges to each of the other signatories 
faithful cooperation in the regulation of passenger transportation 
within the Metropolitsin District and agrees to enact any necessary 
legislation to achieve the objectives of the Compact for the mutual 
benefit of the citizens living in the Metropolitan District. 
"ARTICLE X 
"1. If a provision of this Act or its application to any person or 
circumstance is held invalid in a court of competent jurisdiction, the 
invalidity does not affect other provisions or any other application of 
104 STAT. 1304 
PUBLIC LAW 101-505—NOV. 3, 1990 
this Act which can be given effect without the invalid provision or 
application, and for this purpose the provisions of this Act are 
declared severable. 
"2. In accordance with the ordinary rules for construction of 
interstate compacts, this Act shall be liberally construed to effec-
tuate its purposes. 
"TITLE II 
"COMPACT REGULATORY PROVISIONS 
"ARTICLE XI 
"1. This Act shall apply to the transportation for hire by any 
carrier of persons between any points in the Metropolitan District, 
including but not limited to— 
"(a) as to interstate and foreign commerce, transportation 
performed over a regular route between a point in the Metro-
politan District and a point outside the Metropolitan District 
if— 
"(i) the majority of passengers transported over that 
regular route are transported between points within the 
Metropolitan District; and 
"(ii) that regular route is authorized by a certificate of 
public convenience and necessity issued by the Interstate 
Commerce Commission; and 
"(b) the rates, charges, regulations, and minimum insurance 
requirements for taxicabs and other vehicles that perform a 
bona fide taxicab service, where the taxicab or other vehicle— 
"(i) has a seating capacity of 9 persons or less, including 
the driver; and 
"(ii) provides transportation from one signatory to an-
other within the Metropolitan District. 
"2. Solely for the purposes of this section and section 18 of this 
Article— 
"(a) the Metropolitan District shall include that portion of 
Anne Arundel County, Maryland, occupied by the Baltimore-
Washington International Airport; and 
"(b) jurisdiction of the Commission shall apply to taxicab 
rates, charges, regulations, and minimum insurance require-
ments for interstate transportation between the Baltimore-
Washington International Airport and other points in the 
Metropolitan District, unless conducted by a taxicab licensed by 
the State of Maryland or a political subdivision of the State of 
Maryland, or operated under a contract with the State of 
Maryland. 
"3. Excluded from the application of this Act are— 
"(a) transportation by water, air, or rail; 
"(b) transportation performed by the federal government, the 
signatories to this Compact, or any political subdivision of the 
signatories; 
"(c) transportation performed by the Washington Metropoli-
tan Area Transit Authority; 
"(d) transportation by a motor vehicle employed solely in 
transporting teachers and school children through grade 12 to 
or from public or private schools; 
PUBLIC LAW 101-505—NOV. 3, 1990 
104 STAT. 1305 
"(e) transportation performed over a regular route between a 
point in the Metropolitan District and a point outside the 
Metropolitan District, including transportation between those 
points on the regular route that are within the Metropolitan 
District, if— 
"(i) the majority of passengers transported over the regu-
lar route are not transported between points in the Metro-
politan District; and 
"(ii) the regular route is authorized by a certificate of 
public convenience and necessity issued by the Interstate 
Commerce Commission; 
"(f) matters other than rates, charges, regulations, and mini-
mum insurance requirements relating to vehicles and oper- > 
ations described in Sections 1(b) and 2 of this Article; 
"(g) transportation solely within the Commonwealth of Vir-
ginia and the activities of persons performing that transpor-
tation; and 
"(h) the exercise of any power or the discharge of any duty 
conferred or imposed upon the State Corporation Commission of 
the Commonwealth of Virginia by the Virginia Constitution. 
, 
"Definitions 
"4. In this Act the following words have the meanings indicated: 
"(a) 'Carrier' mesms a person who engages in the transpor-
tation of passengers by motor vehicle or other form or means of 
conveyance for hire. 
"(b) 'Motor vehicle' means an automobile, bus, or other ve-
hicle propelled or drawn by mechanical or electrical power on 
the public streets or highways of the Metropolitan District and 
used for the transportation of passengers. 
"(c) 'Person' means an individual, firm, copartnership, cor-
poration, company, association or joint stock association, and 
includes a trustee, receiver, assignee, or personal representative 
of them. 
"(d) 'TEixicab' means a motor vehicle for hire (other than a 
vehicle operated under a Certificate of Authority issued by the 
Commission) having a seating capacity of 9 persons or less, 
including the driver, used to accept or solicit passengers along 
the public streets for transportation. 
"General Duties of Carriers 
"5. Each authorized carrier shall— 
"(a) provide safe and adequate transportation service, equip-
ment, and facilities; and 
"(b) observe and enforce Commission regulations established 
under this Act. 
"Certificates of Authority 
"6. (a) A person may not engage in transportation subject to this 
Act unless there is in force a 'Certificate of Authority' issued by the 
Commission authorizing the person to engage in that transpor-
tation. 
"(b) On the effective date of this Act a person engaged in transpor-
tation subject to this Act under an existing 'Certificate of Public 
104 STAT. 1306 
PUBLIC LAW 101-505—NOV. 3, 1990 
Convenience and Necessity' or order issued by the Commission shall 
be issued a new 'Certificate of Authority' within 120 days after the 
effective date of this amendment. 
"(c)(i) Pending issuance of the new Certificate of Authority, the 
continuance of operations shall be permitted under an existing 
certificate or order issued by the Commission which will continue in 
effect on the effective date of this Act. 
"(ii) The operations described in paragraph (i) of this subsection 
shall be performed according to the rates, regulations, and practices 
of the certificate holder on file with the Commission on the effective 
date of this Act. 
"7. (a) When an application is made under this section for a 
Certificate of Authority, the Commission shall issue a certificate to 
any qualified applicant, authorizing all or any part of the transpor-
tation covered by the application, if it finds that— 
"(i) the applicant is fit, willing, and able to perform that 
transportation properly, conform to the provisions of this Act, 
and conform to the rules, regulations, and requirements of the 
Commission; and 
"(ii) that the trsmsportation is consistent with the public 
interest. 
"(b) If the Commission finds that the requirements of subsection 
(a) of this section have not been met, the application shall be denied 
by the Commission. 
"(c) The Commission shall act upon applications under this Act as 
soon as possible. 
"(d) The Commission may attach to the issuance of a certificate 
and to the exercise of the rights granted under it any term, condi-
tion, or limitation that is consistent with the public interest. 
"(e) A term, condition, or limitation imposed by the Commission 
may not restrict the right of a carrier to add to equipment and 
facilities over the routes or within the territory specified in the 
certificate, as business development and public demand may re-
quire. 
"(f) A person applying for or holding a Certificate of Authority 
shall comply with Commission regulations regarding maintenance 
of a surety bond, insurance policy, self-insurance qualification, or 
other security or agreement in an amount that the Commission may 
require to pay any final judgment against a carrier for bodily injury 
or death of a person, or for loss or damage to property of another, 
resulting from the operation, maintenance, or use of a motor vehicle 
or other equipment in performing transportation subject to this Act. 
"(g) A Certificate of Authority is not valid unless the holder is in 
compliance with the insurance requirements of the Commission. 
"8. Application to the Commission for a certificate under this Act 
shall be— 
"(a) made in writing; 
"(b) verified; and 
"(c) in the form and with the information that the Commis-
sion regulations require. 
"9. (a) A Certificate of Authority issued by the Commission shall 
specify the route over which a regularly scheduled commuter serv-
ice or other regular-route service will operate. 
"(b) A certificate issued by the Commission authorizing irregular-
route service shall be coextensive with the Metropolitan District. 
"(c) A carrier subject to this Act may not provide any passenger 
transportation for hire on an individual fare pa5dng basis in com-
PUBLIC LAW 101-505—NOV. 3, 1990 
104 STAT. 1307 
petition with an existing, scheduled, regular-route, passenger 
transportation service performed by, or under a contract with, the 
Federal Government, a signatory to the Compact, a political subdivi-
sion of a signatory, or the Weishington Metropolitan Area Transit 
Authority, notwithstanding any Certificate of Authority. 
"(d) A certificate for the transportation of passengers may include 
authority to transport newspapers, passenger baggage, express, or 
mail in the same vehicle, or to transport passenger baggage in a 
separate vehicle. 
"10. (a) Certificates shall be effective from the date specified on 
them and shall remain in effect until amended, suspended, or 
terminated. 
"(b) Upon application by the holder of a certificate, the (Dommis-
sion may suspend, amend, or terminate the Certificate of Authority. 
"(c) Upon complaint or the Commission's own initiative, the 
Commission, after notice and hearing, may suspend or revoke all or 
part of any Certificate of Authority for willful failure to comply 
with— 
"(i) a provision of this Act; 
"(ii) an order, rule, or regulation of the Commission; or 
"(iii) a term, condition, or limitation of the certificate. 
"(d) The Commission may direct that a carrier cease an operation 
conducted under a certificate if the (Commission finds the operation, 
after notice and hearing, to be inconsistent with the public interest. 
"11. (a) A person may not transfer a C!ertificate of Authority 
unless the C!ommission approves the transfer as consistent with the 
public interest. 
"(b) A person other than the person to whom an operating author-
ity is issued by the Commission may not lease, rent, or otherwise use 
that operating authority. 
"12. (a) A carrier may not abandon any scheduled commuter 
service operated under a Certificate of Authority issued to the 
carrier under this Act, unless the (Dommission authorizes the carrier 
to do so by a C!ommission order. 
"(b) Upon application by a carrier, the Commission shall issue an 
order, after notice and hearing, if it finds that abandonment of the 
route is consistent with the public interest. 
"(c) The C!ommission, by regulation or otherwise, may authorize 
the temporary suspension of a route if it is consistent with the 
public interest. 
"(d) As long as the carrier has an opportunity to earn a reasonable 
return in all its operations, the fact that a carrier is operating a 
service at a loss will not, of itself, determine the question of whether 
abandonment of service is consistent with the public interest. 
"18. (a) When the (Commission finds that there is an immediate 
need for service that is not available, the C!ommission may grant 
temporary authority for that service without a hearing or other 
proceeding up to a maximum of 180 consecutive days, unless sus-
pended or revoked for good cause. 
"(b) A grant of temporary authority does not create any presump-
tion that permanent authority will be granted at a later date. 
"Rates and Tariffs 
"14. (a) Each carrier shall file with the Commission, publish, and 
keep available for public inspection tariffs showing— 
104 STAT. 1308 
PUBLIC LAW 101-505—NOV. 3, 1990 
"(i) fixed-rates and fixed-fares for transportation subject to 
this Act; and 
"(ii) practices and regulations including those affecting rates 
and fares, required by the Commission. 
"(b) Each effective tariff shall— 
"(i) remain in effect for at least 60 days from its effective date, 
unless the Commission orders otherwise; and 
"(ii) be published and kept available for public inspection in 
the form and manner prescribed by the Commission. 
"(c) A carrier may not charge a rate or fare for transportation 
subject to this Act other than the applicable rate or fare specified in 
a tariff filed by the carrier under this Act and in effect at the time. 
"15. (a) A carrier proposing to change a rate, fare, regulation, or 
practice specified in an effective tariff shall file a tariff showing the 
change in the form and manner, and with the information, justifica-
tion, notice, and supporting material prescribed by the Commission. 
"(b) Each tariff filed under Subsection (a) of this Section shall 
state a date on which the tariff shall take effect, which shall be at 
least 7 calendar days after the date on which the tariff is filed, 
unless the Commission orders an earlier effective date or rejects the 
tariff. 
"(c)(i) A tariff filed for approval with the Commission may be 
refused acceptance for filing if it is not consistent with this Act and 
Commission regulations. 
"(ii) A tariff refused for filing shall be void. 
"16. (a) The Commission may hold a hearing upon complaint or 
upon the Commission's own initiative after reasonable notice to 
determine whether a rate, fare, regulation, or practice relating to a 
tariff is unjust, unreasonable, unduly discriminatory, or unduly 
preferential between classes of riders or between locations within 
the Metropolitan District. 
"(b) Within 120 days of the hearing, the Commission shall pass an 
order prescribing the lawful rate, fare, regulation, or practice, or 
affirming the tariff. 
"Through Routes, Joint Fares 
"17. With the approval of the Commission, any carrier subject to 
this Act may establish through routes and joint fares with any other 
lawfully authorized carrier. 
"Taxicab Fares 
"18. (a) The Commission shall prescribe reasonable rates for 
transportation by taxicab, only when— 
"(i) the trip is between a point in the jurisdiction of one 
signatory and a point in the jurisdiction of another signatory; 
and 
"(ii) both points are within the Metropolitan District. 
"(b) The fare or charge for taxicab transportation may be cal-
culated on a mileage basis, a zone basis, or on any other basis 
approved by the Commission. 
"(c) The Commission may not require the installation of a taxi-
meter in any taxicab when a taximeter is not permitted or required 
by the jurisdiction licensing and otherwise regulating the operation 
and service of the taxicab. 
PUBLIC LAW 101-505—NOV. 3, 1990 
104 STAT. 1309 
"(d) A person licensed by a signatory to own or operate a taxicab 
shall comply with Commission regulations regarding maintenance 
of a surety bond, insurance policy, self-insurance qualification, or 
other security or agreement in an amount that the Commission may 
require to pay a final judgment for bodily injury or death of a 
person, or for loss or damage to property of another, resulting from 
the operation, maintenance, or use of a taxicab in performing 
transportation subject to this Act. 
"ARTICLE XII 
"Accounts, Records, and Reports 
"1. (a) The Commission may prescribe that any carrier subject to 
this Act— 
"(i) submit special reports and annual or other periodic re-
ports; 
"(ii) make reports in a form and manner required by the 
Commission; 
"(iii) provide a detailed answer to any question about which 
the Commission requires information; 
"(iv) submit reports and answers under oath; and 
"(v) keep accounts, records, and memoranda of its activity, 
including movement of traffic and receipt and expenditure of 
money in a form and for a period required by the Commission. 
"(b) The Commission shall have access at all times to the accounts, 
records, memoranda, lands, buildings, and equipment of any carrier 
for inspection purposes. 
"(c) This section shall apply to any person controlling, controlled 
by, or under common control with a carrier subject to this Act, 
whether or not that person otherwise is subject to this Act. 
"(d) A carrier that has its principal office outside of the Metropoli-
tan District and operates both inside and outside of the Metropoli-
tan District may keep all accounts, records, and memoranda at its 
principal office, but the carrier shall produce those materials before 
the Commission when directed by the Commission. 
"(e) This section does not relieve a carrier from recordkeeping or 
reporting obligations imposed by a state or federal agency or regu-
latory commission for transportation service rendered outside the 
Metropolitan District. 
"Issuance of Securities 
"2. This Act does not impair any authority of the federal govern-
ment and the signatories to regulate the issuance of securities by a 
carrier. 
"Consolidations, Mergers, and Acquisition of (Ilontrol 
"3. (a) A carrier or any person controlling, controlled by, or under 
common control with a carrier shall obtain Commission approval 
to— 
"(i) consolidate or merge any part of the ownership, manage-
ment, or operation of its property or franchise with a carrier 
that operates in the Metropolitsm District; 
104 STAT. 1310 
PUBLIC LAW 101-505—NOV. 3, 1990 
"(ii) purchase, lease, or contract to operate a substantial part 
of the property or franchise of another carrier that operates in 
the Metropolitan District; or 
"(iii) acquire control of another carrier that operates in the 
Metropolitan District through ownership of its stock or other 
means. 
"(b) Application for Commission approval of a transaction under 
this Section shall be made in the form and with the information that 
the regulations of the Commission require. 
"(c) If the Commission finds, after notice and hearing, that the 
proposed transaction is consistent with the public interest, the 
Commission shall pass an order authorizing the transaction. 
"(d) Pending determination of an application filed under this 
section, the Commission may grant 'temporary approval' without a 
hearing or other proceeding up to a maximum of 180 consecutive 
days if the Commission determines that grant to be consistent with 
the public interest. 
"ARTICLE XIII 
"Investigations by the Commission and Complaints 
"1. (a) A person may file a written complaint with the Commission 
regarding anything done or omitted by a person in violation of a 
provision of this Act, or in violation of a requirement established 
under it. 
"(b)(i) If the respondent does not satisfy the compleiint and the 
facts suggest that there are reasonable grounds for an investigation, 
the Commission shall investigate the matter. 
"(ii) If the Commission determines that a complaint does not state 
facts which warrant action, the Commission may dismiss the com-
plaint without hearing. 
"(iii) The Commission shall notify a respondent that a complaint 
has been filed at least 10 days before a hearing is set on the 
complaint. 
"(c) The Commission may investigate on its own motion a fact, 
condition, practice, or matter to— 
"(i) determine whether a person has violated or will violate a 
provision of this Act or a rule, regulation, or order; 
"(ii) enforce the provisions of this Act or prescribe or enforce 
rules or regulations under it; or 
"(iii) obtain information to recommend further legislation. 
"(d) If, after hearing, the Commission finds that a respondent has 
violated a provision of this Act or any requirement established 
under it, the Commission shall— 
"(i) issue an order to compel the respondent to comply with 
this Act; and 
"(ii) effect other just and reasonable relief. 
"(e) For the purpose of an investigation or other proceeding under 
this Act, the Commission may administer oaths and affirmations, 
subpoena witnesses, compel their attendance, take evidence, and 
require the production of books, papers, correspondence, memo-
randa, contracts, agreements, or other records or evidence which the 
Commission considers relevant to the inquiry. 
PUBLIC LAW 101-505—NOV. 3, 1990 
104 STAT. 1311 
"Hearings; Rules of Procedure 
"2. (a) Hearings under this Act shall be held before the Commis-
sion, and records shall be kept. 
"(b) Rules of practice and procedure adopted by the Commission 
shall govern all hearings, investigations, and proceedings under this 
Act, but,the Commission may apply the technical rules of evidence 
when appropriate. 
"Administrative Powers of Commission; Rules, Regulations, and 
Orders 
"(3). (a) The Commission shall perform any act, and prescribe, 
issue, make, amend, or rescind any order, rule, or regulation that it 
nnds necessary to carry out the provisions of this Act. 
"(b) The rules and regulations of the Commission shall prescribe 
the form of any statement, declaration, application, or report filed 
with the Commission, the information it shall contain, and the time 
of filing. 
"(c) The rules and regulations of the Commission shall be effective Effective date. 
30 days after publication in the manner which the Commission shsdl 
prescribe, unless a different date is specified. 
"(d) Orders of the Commission shall be effective on the date and in 
the manner which the Commission shall prescribe. 
"(e) For the purposes of its rules and regulations, the Commission 
may classify persons and matters within its jurisdiction and pre-
scribe different requirements for them. 
"(f) Commission rules and regulations shall be available for public 
inspection during reasonable business hours. 
"Reconsideration of Orders 
"4. (a) A party to a proceeding affected by a final order or decision 
of the Commission may file within 30 days of its publication a 
written application requesting Commission reconsideration of the 
matter involved, and stating specifically the errors claimed as 
grounds for the reconsideration. 
"(b) The Commission shall grant or deny the application within 30 
days after it has been filed. 
(c) If the Commission does not grant or deny the application by 
order within 30 days, the application shall be deemed denied. 
"(d) If the application is granted, the C!ommission shsill rescind, 
modify, or affirm its order or decision with or without a hearing, 
after giving notice to all parties. 
"(e) Filing an application for reconsideration may not act as a stay 
upon the execution of a C!ommission order or decision, or any part of 
it unless the Commission orders otherwise. 
"(f) An appeal may not be taken from an order or decision of the 
Commission until an application for reconsideration has been filed 
and determined. 
"(g) Only an error specified as a ground for reconsideration may 
be used as a ground for judicial review. 
"Judicial Review 
"5. (a) Any party to a proceeding under this Act may obtain a 
review of the Commission's order in the United States Court of 
104 STAT. 1312 
PUBLIC LAW 101-505—NOV. 3, 1990 
Records. 
Courts. 
Appeals for the Fourth Circuit, or in the United States Court of 
Appeals for the District of Columbia Circuit, by filing within 60 days 
after Commission determination of an application for reconsider-
ation, a written petition pra3dng that the order of the Commission 
be modified or set aside. 
"(b) A copy of the petition shall be delivered to the office of the 
Commission and the Commission shall certify and file with the court 
a transcript of the record upon which the Commission order was 
entered. 
"(c) The Court shall have exclusive jurisdiction to affirm, modify, 
remand for reconsideration, or set aside the Commission's order. 
"(d) The court's judgment shall be final, subject to review by the 
Supreme Court of the United States upon certiorari or certification 
as provided in Title 28 U.S.C. sections 1254 and 2350. 
(e) The commencement of proceedings under subsection (a) of this 
section may not operate as a stay of the Commission's order unless 
specifically ordered by the court. 
"(f) The Commission and its members, officers, agents, employees, 
or representatives are not liable to suit or action or for any judg-
ment or decree for damages, loss, or injury resulting from action 
taken under the Act, nor required in any case arising or any appeal 
taken under this Act to make a deposit, pay costs, or pay for service 
to the clerks of a court or to the marshal of the United States or give 
a supersedeas bond or security for damages. 
"Enforcement of Act; Penalty for Violations 
"6. (a) Whenever the Commission determines that a person is 
engaged or will engage in an act or practice which violates a 
provision of this Act or a rule, regulation, or order under it, the 
Commission may bring an action in the United States District Court 
in the district in which the person resides or conducts business or in 
which the violation occurred to enjoin the act or practice and to 
enforce compliance with this Act or a rule, regulation, or order 
under it. 
"(b) If the court makes a determination under subsection (a) of 
this section, that a person has violated or will violate this Act or a 
rule, regulation, or order under the Act, the court shall grant a 
permanent or temporary injunction or decree or restraining order 
without bond. 
"(c) Upon application of the Commission, the United States Dis-
trict Court for the district in which the person resides or conducts 
business, or in which the violation occurred, shall have jurisdiction 
to issue an order directing that person to comply with the provisions 
of this Act or a rule, regulation, or order of the Commission under it, 
and to effect other just and reasonable relief. 
"(d) 'The Commission may employ attorneys necessary for— 
"(i) The conduct of ite work; 
"(ii) Representation of the public interest in Commission 
investigations, ceises, or proceedings on the Commission's own 
initiative or upon complaint; or 
"(iii) Representation of the Commission in any court case. 
"(e) The expenses of employing an attorney shall be paid out of 
the funds of the C!ommission, unless otherwise directed by the court. 
"(f)(i) A person who knowingly and willfully violates a provision of 
this Act, or a rule, regulation, requirement, or order issued under it, 
or a term or condition of a certificate shall be subject to a civil 
PUBLIC LAW 101-505—NOV. 3, 1990 
104 STAT. 1313 
forfeiture of not more than $1,000 for the first violation and not 
more than $5,000 for any subsequent violation. 
"(ii) Each day of the violation shall constitute a separate violation. 
"(iii) Civil forfeitures shall be paid to the Commission with in-
terest as assessed by the court. 
"(iv) The Commission shall pay to each signatory a share of the 
civil forfeitures and interest equal to the proportional share of the 
Commission's expenses borne by each signatory in the fiscal year 
during which the civil forfeiture is collected by the Commission. 
"ARTICLE XIV 
"Expenses of Investigations and Other Proceedings 
"1. (a) A carrier shall bear all expenses of an investigation or 
other proceeding conducted by the Commission concerning the car-
rier, and all litigation expenses, including appeals, arising from an 
investigation or other proceeding. 
"OJ) When the Commission initiates an investigation or other 
proceeding, the Commission may require the carrier to pay to the 
Commission a sum estimated to cover the expenses that will be 
incurred under this section. 
"(c) Money 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 the Commission may disburse that money to defray expenses of 
the investigation, proceeding, or litigation in question. 
"(d) The Commission shall return to the carrier any unexpended 
balance remaining after payment of expenses. 
"Applicability of Other Laws 
"2. (a) The applicability of each law, rule, regulation, or order of a 
signatory relating to transportation subject to this Act shall be 
suspended on the effective date of this Act. 
"(b) The provisions of subsection (a) of this section do not apply to 
a law of a signatory relating to inspection of equipment and facili-
ties. 
"(c) During the existence of the Compact, the jurisdiction of the 
Interstate Commerce Commission is suspended to the extent it is in 
conflict with the provisions of this Act. 
"Existing Rules, Regulations, Orders, and Decisions 
"8. All Commission rules, regulations, orders, or decisions that are 
in force on the effective date of this Act shall remain in effect and be 
enforceable under this Act, unless otherwise provided by the 
Commission. 
"Pending Actions or Proceedings 
"4. A suit, action, or other judicial proceeding commenced prior to 
the effective date of this Act by or against the Commission is not 
affected by the enactment of this Act and shall be prosecuted and 
determined under the law applicable at the time the proceeding was 
commenced. 
104 STAT. 1314 
PUBLIC LAW 101-505—NOV. 3, 1990 
"Annual Report of the Commission 
"5. The Commission shall make an annual report for each fiscal 
year ending June 30, to the Governor of Virginia and the Governor 
of Maryland, and to the Mayor of the District of Columbia as soon £is 
practicable after June 30, but no later than the first day of January 
of each year, which may contain, in addition to a report of the work 
performed under this Act, other information and recommendations 
concerning passenger transportation within the Metropolitan Dis-
trict as the Commission considers advisable.". 
SEC. 2. Notwithstanding the first section of this joint resolution, 
the consent and approval of Congress set forth in such first section is 
given on the express condition that section 1 of article VIII shall not 
be exercised, and no amendment to the compact following the date 
this joint resolution becomes law shall be effective, unless Congress 
has first consented to and approved such amendment by a law or 
resolution adopted or enacted after such date. 
SEC. 3. The right to alter, amend or repeal this resolution is 
hereby expressly reserved. 
Approved November 3, 1990. 
LEGISLATIVE HISTORY—H.J. Res. 520: 
HOUSE REPORTS: No. 101-504 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
June 5, considered and passed House. 
Sept. 27, considered and passed Senate, amended. 
Oct. 15, House concurred in Senate amendments.