69–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 115–227 

GRANTING THE CONSENT AND APPROVAL OF CONGRESS FOR THE COMMONWEALTH OF VIRGINIA, THE STATE OF MARYLAND, AND THE DISTRICT OF COLUMBIA TO ENTER INTO A COMPACT RELATING TO THE ESTABLISHMENT OF THE WASHINGTON METRORAIL SAFETY COMMISSION 

JULY 17, 2017.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. GOODLATTE, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

[To accompany H.J. Res. 76] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on the Judiciary, to whom was referred the joint 

resolution (H. J. Res. 76) granting the consent and approval of Congress for the Commonwealth of Virginia, the State of Maryland, 

and the District of Columbia to enter into a compact relating to the 

establishment of the Washington Metrorail Safety Commission, 

having considered the same, report favorably thereon with an 

amendment and recommend that the joint resolution as amended 

do pass. 

CONTENTS 

Page 

The Amendment ...................................................................................................... 1 

Purpose and Summary ............................................................................................ 8 

Background and Need for the Legislation ............................................................. 9 

Hearings ................................................................................................................... 10 

Committee Consideration ........................................................................................ 10 

Committee Votes ...................................................................................................... 10 

Committee Oversight Findings ............................................................................... 10 

New Budget Authority and Tax Expenditures ...................................................... 10 

Congressional Budget Office Cost Estimate .......................................................... 10 

Duplication of Federal Programs ............................................................................ 12 

Disclosure of Directed Rule Makings ..................................................................... 12 

Performance Goals and Objectives ......................................................................... 12 

Advisory on Earmarks ............................................................................................. 12 

Section-by-Section Analysis .................................................................................... 12 

The Amendment 

The amendment is as follows: 

Strike all after the resolving clause and insert the following: 

2 

CONSENT AND APPROVAL OF CONGRESS

SECTION 1. The consent and approval of Congress is hereby given for the Commonwealth of Virginia, the State of Maryland, and the District of Columbia to enter 

into a compact for the safety oversight of the Washington Metropolitan Area Transit 

Authority Metrorail system (known as the Metrorail Safety Commission Interstate 

Compact), which has been negotiated by representatives of the State, the Commonwealth, and the District, substantially as follows: 

‘‘ARTICLE I 

‘‘DEFINITIONS 

‘‘1. As used in this MSC Compact, the following words and terms shall have the 

meanings set forth below, unless the context clearly requires a different meaning. 

Capitalized terms used herein, but not otherwise defined in this MSC Compact, 

shall have the definition set forth in regulations issued under 49 U.S.C. § 5329, as 

they may be revised from time to time. 

‘‘(a) ‘Alternate Member’ means an alternate member of the Board; 

‘‘(b) ‘Board’ means the board of directors of the Commission; 

‘‘(c) ‘Commission’ means the Washington Metrorail Safety Commission; 

‘‘(d) ‘Member’ means a member of the Board; 

‘‘(e) ‘MSC Compact’ means this Washington Metrorail Safety Commission 

Interstate Compact; 

‘‘(f) ‘Public Transportation Agency Safety Plan’ means the comprehensive 

agency safety plan for a rail transit agency required by 49 U.S.C. § 5329 and 

the regulations issued thereunder, as may be amended or revised from time to 

time; 

‘‘(g) ‘Public Transportation Safety Certification Training Program’ means the 

federal certification training program, as established and amended from time to 

time by applicable federal laws and regulations, for federal and state employees, 

or other designated personnel, who conduct safety audits and examinations of 

public transportation systems, and employees of public transportation agencies 

directly responsible for safety oversight; 

‘‘(h) ‘Safety Sensitive Position’ means any position held by a WMATA employee or contractor designated in the Public Transportation Agency Safety Plan 

for the WMATA Rail System and approved by the Commission as directly or 

indirectly affecting the safety of the passengers or employees of the WMATA 

Rail System; 

‘‘(i) ‘Signatory’ means the State of Maryland, the Commonwealth of Virginia, 

and the District of Columbia; 

‘‘(j) ‘State’, ‘state’, or ‘jurisdiction’ means the District of Columbia, the State 

of Maryland, or the Commonwealth of Virginia; 

‘‘(k) ‘Washington Metropolitan Area Transit Authority’ or ‘WMATA’ is the entity created by the WMATA Compact, which entity is responsible for providing 

certain rail fixed guideway public transportation system services; 

‘‘(l) ‘WMATA Compact’ means the Washington Metropolitan Area Transit Authority Compact, approved November 6, 1966 (80 Stat. 1324; D.C. Official Code 

§ 9–1107.01 et seq.); and 

‘‘(m) ‘WMATA Rail System’ or ‘Metrorail’ means the rail fixed guideway public 

transportation system and all other real and personal property owned, leased, 

operated, or otherwise used by WMATA rail services and shall include WMATA 

rail projects under design or construction by owners other than WMATA. 

‘‘ARTICLE II 

‘‘PURPOSE AND FUNCTIONS 

‘‘2. The Signatories to the WMATA Compact hereby adopt this MSC Compact pursuant to 49 U.S.C. § 5329. The Commission created hereunder shall have safety regulatory and enforcement authority over the WMATA Rail System and shall act as 

the state safety oversight authority for WMATA under 49 U.S.C. § 5329, as may 

be amended from time to time. WMATA shall be subject to the Commission’s rules, 

regulations, actions, and orders. 

‘‘3. The purpose of this MSC Compact is to create a state safety oversight authority for the WMATA Rail System, pursuant to the mandate of federal law, as a common agency of each Signatory, empowered in the manner hereinafter set forth to 

review, approve, oversee, and enforce the safety of the WMATA Rail System, including, without limitation, to: 

3 

‘‘(a) Have exclusive safety oversight authority and responsibility over the 

WMATA Rail System pursuant to federal law, including, without limitation, the 

power to restrict, suspend, or prohibit rail service on all or part of the WMATA 

Rail System as set forth in this MSC Compact; 

‘‘(b) Develop and adopt a written state safety oversight program standard; 

‘‘(c) Review and approve the WMATA Public Transportation Agency Safety 

Plan; 

‘‘(d) Investigate hazards, incidents, and accidents on the WMATA Rail System; 

‘‘(e) Require, review, approve, oversee, and enforce Corrective Action Plans developed by WMATA; and 

‘‘(f) Meet other requirements of federal and State law relating to safety oversight of the WMATA Rail System. 

‘‘ARTICLE III 

‘‘ESTABLISHMENT AND ORGANIZATION 

‘‘A. Washington Metrorail Safety Commission 

‘‘4. The Commission is hereby created as an instrumentality of each Signatory, 

which shall be a public body corporate and politic, and which shall have the powers 

and duties set forth in this MSC Compact. 

‘‘5. The Commission shall be financially and legally independent from WMATA. 

‘‘B. Board Membership 

‘‘6. The Commission shall be governed by a Board of 6 Members with 2 Members 

appointed or reappointed (including to fill an unexpired term) by each Signatory 

pursuant to the Signatory’s applicable laws. 

‘‘7. Each Signatory shall also appoint or reappoint (including to fill an unexpired 

term) one Alternate Member pursuant to the Signatory’s applicable laws. 

‘‘8. An Alternate Member shall participate and take action as a Member only in 

the absence of one or both Members appointed from the same jurisdiction as the 

Alternate Member’s appointing jurisdiction and, in such instances, may cast a single 

vote. 

‘‘9. Members and Alternate Members shall have backgrounds in transit safety, 

transportation, relevant engineering disciplines, or public finance. 

‘‘10. No Member or Alternate Member shall simultaneously hold an elected public 

office, serve on the WMATA board of directors, be employed by WMATA, or be a 

contractor to WMATA. 

‘‘11. Each Member and Alternate Member shall serve a 4-year term and may be 

reappointed for additional terms; except that, each Signatory shall make its initial 

appointments as follows: 

‘‘(a) One Member shall be appointed for a 4-year term; 

‘‘(b) One Member shall be appointed for a 2-year term; and 

‘‘(c) The Alternate Member shall be appointed for a 3-year term. 

‘‘12. Any person appointed to fill a vacancy shall serve for the unexpired term. 

‘‘13. Members and Alternate Members shall be entitled to reimbursement for reasonable and necessary expenses and shall be compensated for each day spent meeting on the business of the Commission at a rate of $200 per day or at such other 

rate as may be adjusted in appropriations approved by all of the Signatories. 

‘‘14. A Member or an Alternate Member may be removed or suspended from office 

only for cause in accordance with the laws of such Member’s or Alternate Member’s 

appointing jurisdiction. 

‘‘C. Quorum and Actions of the Board 

‘‘15. Four Members shall constitute a quorum, and the affirmative vote of 4 Members is required for action of the Board. Quorum and voting requirements under this 

paragraph may be met with one or more Alternate Members pursuant to section 8. 

‘‘16. The Commission action shall become effective upon enactment unless otherwise provided for by the Commission. 

‘‘D. Oath of Office 

‘‘17. Before entering office, each Member and Alternate Member shall take and 

subscribe to the following oath (or affirmation) of office or any such other oath or 

affirmation as the constitution or laws of the Signatory he or she represents shall 

provide: 

‘‘I, lllllllllll, hereby solemnly swear (or affirm) that I will support 

and defend the Constitution and the laws of the United States as a Member (or Alternate Member) of the Board of the Washington Metrorail Safety Commission and 

will faithfully discharge the duties of the office upon which I am about to enter. 

‘‘E. Organization and Procedure 

4 

‘‘18. The Board shall provide for its own organization and procedure. Meetings of 

the Board shall be held as frequently as the Board determines, but in no event less 

than quarterly. The Board shall keep minutes of its meetings and establish rules 

and regulations governing its transactions and internal affairs, including, without 

limitation, policies regarding records retention that are not in conflict with applicable federal record retention laws. 

‘‘19. The Commission shall keep commercially reasonable records of its financial 

transactions in accordance with accounting principles generally accepted in the 

United States of America. 

‘‘20. The Commission shall establish an office for the conduct of its affairs at a 

location to be determined by the Commission. 

‘‘21. The Commission shall adopt 5 U.S.C. § 552(a)–(d) and (g), and 5 U.S.C. § 

552b, as both may be amended from time to time, as its freedom-of-information policy and open-meeting policy, respectively, and shall not be subject to the comparable 

laws or policies of any Signatory. 

‘‘22. Reports of investigations or inquiries adopted by the Board shall be made 

publicly available. 

‘‘23. The Commission shall adopt a policy on conflict of interest that shall be consistent with the regulations issued under 49 U.S.C. § 5329, as they may be revised 

from time to time, which, among other things, places appropriate separation between Members, officers, employees, contractors, and agents of the Commission and 

WMATA. 

‘‘24. The Commission shall adopt and utilize its own administrative procedure and 

procurement policies in conformance with applicable federal regulations and shall 

not be subject to the administrative procedure or procurement laws of any Signatory. 

‘‘F. Officers and Employees 

‘‘25. The Board shall elect a Chairman, Vice Chairman, Secretary, and Treasurer 

from among its Members, each for a 2-year term and shall prescribe their powers 

and duties. 

‘‘26. The Board shall appoint and fix the compensation and benefits of a chief executive officer who shall be the chief administrative officer of the Commission and 

who shall have expertise in transportation safety and one or more industry-recognized transportation safety certifications. 

‘‘27. Consistent with 49 U.S.C. § 5329, as may be amended from time to time, the 

Commission may employ, under the direction of the chief executive officer, such 

other technical, legal, clerical, and other employees on a regular, part-time, or asneeded basis as it determines necessary or desirable for the discharge of its duties. 

‘‘28. The Commission shall not be bound by any statute or regulation of any Signatory in the employment or discharge of any officer or employee of the Commission, but shall develop its own policies in compliance with federal law. The MSC 

shall, however, consider the laws of the Signatories in devising its employment and 

discharge policies, and when it deems it practical, devise policies consistent with the 

laws of the Signatories. 

‘‘29. The Board may fix and provide policies for the qualification, appointment, removal, term, tenure, compensation benefits, worker’s compensation, pension, and retirement rights of its employees subject to federal law. The Board may also establish 

a personnel system based on merit and fitness and, subject to eligibility, participate 

in the pension, retirement, and worker’s compensation plans of any Signatory or 

agency or political subdivision thereof. 

‘‘ARTICLE IV 

‘‘POWERS 

‘‘A. Safety Oversight Powers 

‘‘30. In carrying out its purposes, the Commission, through its Board or designated employees or agents, shall, consistent with federal law: 

‘‘(a) Adopt, revise, and distribute a written State Safety Oversight Program; 

‘‘(b) Review, approve, oversee, and enforce the adoption and implementation of 

WMATA’s Public Transportation Agency Safety Plan; 

‘‘(c) Require, review, approve, oversee, and enforce the adoption and implementation of any Corrective Action Plans that the Commission deems appropriate; 

‘‘(d) Implement and enforce relevant federal and State laws and regulations relating to safety of the WMATA Rail System; and 

‘‘(e) Audit every 3 years the compliance of WMATA with WMATA’s Public Transportation Agency Safety Plan or conduct such an audit on an ongoing basis over a 

3-year time frame. 

5 

‘‘31. In performing its duties, the Commission, through its Board or designated 

employees or agents, may: 

‘‘(a) Conduct, or cause to be conducted, inspections, investigations, examinations, 

and testing of WMATA personnel and contractors, property, equipment, facilities, 

rolling stock, and operations of the WMATA Rail System, including, without limitation, electronic information and databases through reasonable means, which may include issuance of subpoenas; 

‘‘(b) Enter upon the WMATA Rail System and, upon reasonable notice and a finding by the chief executive officer that a need exists, upon any lands, waters, and 

premises adjacent to the WMATA Rail System, including, without limitation, property owned or occupied by the federal government, for the purpose of making inspections, investigations, examinations, and testing as the Commission may deem necessary to carry out the purposes of this MSC Compact, and such entry shall not be 

deemed a trespass. The Commission shall make reasonable reimbursement for any 

actual damage resulting to any such adjacent lands, waters, and premises as a result of such activities; 

‘‘(c) Compel WMATA’s compliance with any Corrective Action Plan or order of the 

Commission by such means as the Commission deems appropriate, including, without limitation, by: 

‘‘(1) Taking legal action in a court of competent jurisdiction; 

‘‘(2) Issuing citations or fines with funds going into an escrow account for 

spending by WMATA on Commission-directed safety measures; 

‘‘(3) Directing WMATA to prioritize spending on safety-critical items; 

‘‘(4) Removing a specific vehicle, infrastructure element, or hazard from the 

WMATA Rail System; and 

‘‘(5) Compelling WMATA to restrict, suspend, or prohibit rail service on all 

or part of the WMATA Rail System with an appropriate notice period dictated 

by the circumstances; 

‘‘(d) Direct WMATA to suspend or disqualify from performing in any Safety Sensitive Position an individual who is alleged to or has violated safety rules, regulations, policies, or laws; 

‘‘(e) Compel WMATA’s Office of the Inspector General, created under WMATA 

Board Resolution 2006–18, or any successor WMATA office or organization having 

similar duties, to conduct safety-related audits or investigations and to provide its 

findings to the Commission; and 

‘‘(f) Take such other actions as the Commission may deem appropriate consistent 

with its purpose and powers. 

‘‘32. Action by the Board under section 31(c)(5) shall require the unanimous vote 

of all Members present and voting. The Commission shall coordinate its enforcement 

activities with appropriate federal and State governmental authorities. 

‘‘B. General Powers 

‘‘33. In addition to the powers and duties set forth above, the Commission may: 

‘‘(a) Sue and be sued; 

‘‘(b) Adopt, amend, and repeal rules and regulations respecting the exercise of the 

powers conferred by this MSC Compact; 

‘‘(c) Create and abolish offices, employments, and positions (other than those specifically provided for in this MSC Compact) necessary or desirable for the purposes 

of the Commission; 

‘‘(d) Determine a staffing level for the Commission that is commensurate with the 

size and complexity of the WMATA Rail System, and require that employees and 

other designated personnel of the Commission, who are responsible for safety oversight, be qualified to perform such functions through appropriate training, including, without limitation, successful completion of the Public Transportation Safety 

Certification Training Program; 

‘‘(e) Contract for or employ consulting attorneys, inspectors, engineers, and such 

other experts necessary or desirable and, within the limitations prescribed in this 

MSC Compact, prescribe their powers and duties and fix their compensation; 

‘‘(f) Enter into and perform contracts, leases, and agreements necessary or desirable in the performance of its duties and in the execution of the powers granted 

under this MSC Compact; 

‘‘(g) Apply for, receive, and accept such payments, appropriations, grants, gifts, 

loans, advances, and other funds, properties, and services as may be transferred or 

made available to it by the United States government or any other public or private 

entity or individual, subject to the limitations specified in section 42; 

‘‘(h) Adopt an official seal and alter the same at its pleasure; 

‘‘(i) Adopt and amend by-laws, policies, and procedures governing the regulation 

of its affairs; 

‘‘(j) Appoint one or more advisory committees; and 

6 

‘‘(k) Do such other acts necessary or desirable for the performance of its duties 

and the execution of its powers under this MSC Compact. 

‘‘34. Consistent with this MSC Compact, the Commission shall promulgate rules 

and regulations to carry out the purposes of this MSC Compact. 

‘‘ARTICLE V 

‘‘GENERAL PROVISIONS 

‘‘A. Annual Safety Report 

‘‘35. The Commission shall make and publish annually a status report on the safety of the WMATA Rail System, which shall include, among other requirements established by the Commission and federal law, status updates of outstanding Corrective Action Plans, Commission directives, and on-going investigations. A copy of 

each such report shall be provided to: 

‘‘(a) The Administrator of the Federal Transit Administration; 

‘‘(b) The Governor of Virginia, the Governor of Maryland, and the Mayor of 

the District of Columbia; 

‘‘(c) The Chairman of the Council of the District of Columbia; 

‘‘(d) The President of the Maryland Senate and the Speaker of the Maryland 

House of Delegates; 

‘‘(e) The President of the Virginia Senate and the Speaker of the Virginia 

House of Delegates; and 

‘‘(f) The General Manager and each member of the board of directors of 

WMATA. 

‘‘36. The Commission may prepare, publish, and distribute such other safety reports that it deems necessary or desirable. 

‘‘B. Annual Report of Operations 

‘‘37. The Commission shall make and publish an annual report on its programs, 

operations, and finances, which shall be distributed in the same manner provided 

by section 35. 

‘‘38. The Commission may also prepare, publish, and distribute such other public 

reports and informational materials as it deems necessary or desirable. 

‘‘C. Annual Independent Audit 

‘‘39. An independent annual audit shall be made of the financial accounts of the 

Commission. The audit shall be made by qualified certified public accountants selected by the Board, who shall have no personal interest, direct or indirect, in the 

financial affairs of the Commission or any of its officers or employees. The report 

of audit shall be prepared in accordance with generally accepted auditing principles 

and shall be distributed in the same manner provided by section 35. Members, employees, agents, and contractors of the Commission shall provide access to information necessary or desirable for the conduct of the annual audit. 

‘‘D. Financing 

‘‘40. The Commission’s operations shall be funded, independently of WMATA, by 

the Signatory jurisdictions and, when available, by federal funds. The Commission 

shall have no authority to levy taxes. 

‘‘41. The Signatories shall unanimously agree on adequate funding levels for the 

Commission and make equal contributions of such funding, subject to annual appropriation, to cover the portion of Commission operations not funded by federal funds. 

‘‘42. The Commission may borrow up to 5% of its last annual appropriations budget in anticipation of receipts, or as otherwise set forth in the appropriations budget 

approved by all of the Signatories, from any lawful lending institution for any purpose of this MSC Compact, including, without limitation, for administrative expenses. Such loans shall be for a term not to exceed 2 years, or at such longer term 

approved by each Signatory pursuant to its laws as evidenced by the written authorization by the Mayor of the District of Columbia and the Governors of Maryland and 

Virginia, and at such rates of interest as shall be acceptable to the Commission. 

‘‘43. With respect to the District of Columbia, the commitment or obligation to 

render financial assistance to the Commission shall be created, by appropriation or 

in such other manner, or by such other legislation, as the District of Columbia shall 

determine; provided, that any such commitment or obligation shall be approved by 

Congress pursuant to the District of Columbia Home Rule Act, approved December 

24, 1973 (87 Stat. 774; D.C. Official Code § 1–201.01 et seq.). 

‘‘44. Pursuant to the requirements of 31 U.S.C. §§ 1341, 1342, 1349 to 1351, and 

1511 to 1519, and D.C. Official Code §§ 47–105 and 47–355.01 to 355.08 (collectively, the ‘Anti-Deficiency Acts’), the District cannot obligate itself to any financial 

commitment in any present or future year unless the necessary funds to pay that 

commitment have been appropriated and are lawfully available for the purpose committed. Thus, pursuant to the Anti-Deficiency Acts, nothing in the MSC Compact 

7 

creates an obligation of the District in anticipation of an appropriation for such purpose, and the District’s legal liability for the payment of any amount under this 

MSC Compact does not and may not arise or obtain in advance of the lawful availability of appropriated funds for the applicable fiscal year. 

‘‘E. Tax Exemption 

‘‘45. The exercise of the powers granted by this MSC Compact shall in all respects 

be for the benefit of the people of the District of Columbia, the Commonwealth of 

Virginia, and the State of Maryland and for the increase of their safety, commerce, 

and prosperity, and as the activities associated with this MSC Compact shall constitute the performance of essential governmental functions, the Commission shall 

not be required to pay any taxes or assessments upon the services or any property 

acquired or used by the Commission under the provisions of this MSC Compact or 

upon the income therefrom, and shall at all times be free from taxation within the 

District of Columbia, the Commonwealth of Virginia, and the State of Maryland. 

‘‘F. Reconsideration of Commission Orders 

‘‘46. WMATA shall have the right to petition the Commission for reconsideration 

of an order based on rules and procedures developed by the Commission. 

‘‘47. Consistent with section 16, the filing of a petition for reconsideration shall 

not act as a stay upon the execution of a Commission order, or any part of it, unless 

the Commission orders otherwise. WMATA may appeal any adverse action on a petition for reconsideration as set forth in section 48. 

‘‘G. Judicial Matters 

‘‘48. The United States District Court for the Eastern District of Virginia, Alexandria Division, the United States District Court for the District of Maryland, Southern Division, and the United States District Court for the District of Columbia shall 

have exclusive and original jurisdiction of all actions brought by or against the Commission and to enforce subpoenas under this MSC Compact. 

‘‘49. The commencement of a judicial proceeding shall not operate as a stay of a 

Commission order unless specifically ordered by the court. 

‘‘H. Liability and Indemnification 

‘‘50. The Commission and its Members, Alternate Members, officers, agents, employees, or representatives shall not be liable for suit or action or for any judgment 

or decree for damages, loss, or injury resulting from action taken within the scope 

of their employment or duties under this MSC Compact, nor required in any case 

arising or any appeal taken under this MSC Compact to give a supersedeas bond 

or security for damages. Nothing in this paragraph shall be construed to protect 

such person from suit or liability for damage, loss, injury, or liability caused by the 

intentional or willful and wanton misconduct of such person. 

‘‘51. The Commission shall be liable for its contracts and for its torts and those 

of its Members, Alternate Members, officers, agents, employees, and representatives 

committed in the conduct of any proprietary function, in accordance with the law 

of the applicable Signatory (including, without limitation, rules on conflict of laws) 

but shall not be liable for any torts occurring in the performance of a governmental 

function. The exclusive remedy for such breach of contract or tort for which the 

Commission shall be liable, as herein provided, shall be by suit against the Commission. Nothing contained in this MSC Compact shall be construed as a waiver by the 

District of Columbia, the Commonwealth of Virginia, or the State of Maryland of 

any immunity from suit. 

‘‘I. Commitment of Parties 

‘‘52. Each of the Signatories pledges to each other faithful cooperation in providing 

safety oversight for the WMATA Rail System, and, to affect such purposes, agrees 

to consider in good faith and request any necessary legislation to achieve the objectives of this MSC Compact. 

‘‘J. Amendments and Supplements 

‘‘53. Amendments and supplements to this MSC Compact shall be adopted by legislative action of each of the Signatories and the consent of Congress. When one Signatory adopts an amendment or supplement to an existing section of this MSC Compact, that amendment or supplement shall not be immediately effective, and the 

previously enacted provision or provisions shall remain in effect in each jurisdiction 

until the amendment or supplement is approved by the other Signatories and is consented to by Congress. 

‘‘K. Withdrawal and Termination 

‘‘54. Any Signatory may withdraw from this MSC Compact, which action shall 

constitute a termination of this MSC Compact. 

‘‘55. Withdrawal from this MSC Compact shall be by a Signatory’s repeal of this 

MSC Compact from its laws, but such repeal shall not take effect until 2 years after 

the effective date of the repealed statute and written notice of the withdrawal being 

given by the withdrawing Signatory to the governors or mayor, as appropriate, of 

the other Signatories. 

8 

‘‘56. Prior to termination of this MSC Compact, the Commission shall provide 

each Signatory: 

‘‘(a) A mechanism for concluding the operations of the Commission; 

‘‘(b) A proposal to maintain state safety oversight of the WMATA Rail System 

in compliance with applicable federal law; 

‘‘(c) A plan to hold surplus funds in a trust for a successor regulatory entity 

for 4 years after the termination of this MSC Compact; and 

‘‘(d) A plan to return any surplus funds that remain 4 years after the creation 

of the trust. 

‘‘L. Construction and Severability 

‘‘57. This MSC Compact shall be liberally construed to effectuate the purposes for 

which it is created. 

‘‘58. If any part or provision of this MSC Compact or the application thereof to 

any person or circumstances be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in the controversy in which such judgment shall have been 

rendered and shall not affect or impair the validity of the remainder of this MSC 

Compact or the application thereof to other persons or circumstances, and the Signatories hereby declare that they would have entered into this MSC Compact or the 

remainder thereof had the invalidity of such provision or application thereof been 

apparent. 

‘‘M. Adoption; Effective Date 

‘‘59. This MSC Compact shall be adopted by the Signatories in the manner provided by law therefor and shall be signed and sealed in 4 duplicate original copies. 

One such copy shall be filed with the Secretary of State of the State of Maryland, 

the Secretary of the Commonwealth of Virginia, and the Secretary of the District 

of Columbia in accordance with the laws of each jurisdiction. One copy shall be filed 

and retained in the archives of the Commission upon its organization. This MSC 

Compact shall become effective upon the enactment of concurring legislation by the 

District of Columbia, the Commonwealth of Virginia, and the State of Maryland, 

and consent thereto by Congress and when all other acts or actions have been 

taken, including, without limitation, the signing and execution of this MSC Compact 

by the Governors of Maryland and Virginia and the Mayor of the District of Columbia. 

‘‘N. Conflict of Laws 

‘‘60. Any conflict between any authority granted herein, or the exercise of such 

authority, and the provisions of the WMATA Compact shall be resolved in favor of 

the exercise of such authority by the Commission. 

‘‘61. All other general or special laws inconsistent with this MSC Compact are 

hereby declared to be inapplicable to the Commission or its activities.’’. 

RIGHT TO ALTER, AMEND, OR REPEAL

SEC. 2. The right to alter, amend, or repeal this joint resolution is expressly reserved. The consent granted by this joint resolution 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. 

CONSTRUCTION AND SEVERABILITY

SEC. 3. 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. 

INCONSISTENCY OF LANGUAGE

SEC. 4. 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, the Commonwealth of Virginia, and the District of Columbia. 

EFFECTIVE DATE

SEC. 5. This joint resolution shall take effect on the date of enactment of this joint 

resolution. 

Purpose and Summary 

The purpose of H.J. Res. 76 is to give Congress’ approval to the 

Metrorail Safety Commission Interstate Compact, a new interstate 

9 

compact entered into by the Commonwealth of Virginia, the State 

of Maryland and the District of Columbia. 

Background and Need for the Legislation 

The Washington Metropolitan Area Transit Authority (WMATA) 

serves public transit needs throughout the Washington metropolitan area. In recent years, the federal government has provided increased funding for WMATA to effectuate safety improvements. 

Nevertheless, safety issues in the system have continued. For example, during the 2000s, the National Transportation Safety Board 

(NTSB) investigated six WMATA incidents, including the 2009 collision of two trains near the Fort Totten Station that killed nine 

people. The NTSB attributed the 2009 incident to numerous 

causes, including: (1) WMATA’s failure to ensure that a test, which 

would have identified a faulty circuit, was used system wide; (2) 

WMATA’s lack of a ‘‘safety culture’’; (3) WMATA’s failure effectively to maintain and monitor its automatic train control system’s 

performance; (4) a contractor’s failure to provide a maintenance 

plan to detect spurious signals that could cause WMATA’s track 

circuit modules to malfunction; (5) the WMATA Board of Directors’ 

ineffective safety oversight; (6) WMATA’s Tri-State Oversight Committee’s ineffective oversight and lack of safety oversight authority; 

and (7) lack of statutory authority for the Federal Transit Administration (FTA) to provide federal safety oversight. More recently, on 

January 12, 2015, a train with about 400 passengers on board encountered heavy smoke in the tunnel between L’Enfant Plaza and 

the Potomac River Bridge and lost power to a third rail. During 

this incident, one passenger died and 91 were injured as they waited to be rescued. The NTSB identified as causes for the incident: 

(1) ‘‘the failure of WMATA senior management to proactively assess and mitigate foreseeable safety risks’’; (2) ‘‘inadequate safety 

oversight by the Tri-State Oversight Committee and the Federal 

Transit Administration’’; (3) ‘‘WMATA’s failure to follow established procedures’’; and (4) ‘‘the District of Columbia Fire and 

Emergency Medical Services Department’s being unprepared to respond to a mass casualty event on the WMATA underground system.’’ 

To better address public transit safety needs, including 

WMATA’s, Congress included in the Moving Ahead for Progress in 

the 21st Century Act (MAP–21; Pub. L. No. 112–141) and the Fixing America’s Surface Transportation Act (FAST Act; Pub. L. No. 

114–94) provisions strengthening the Federal Transit Administration’s safety oversight authority and related safety requirements 

for public transit systems. Pursuant to these acts, the WMATA jurisdictions of Virginia, Maryland and the District of Columbia established, through a new ‘‘Metrorail Safety Commission Interstate 

Compact,’’ a new Washington Metrorail Safety Commission to act 

as the state safety oversight authority for the WMATA system. The 

jurisdictions completed in March 2017 their adoption by legislation 

of their respective compact-entry instruments. In the meanwhile, 

however, due to delays in the adoption of the instruments, the FTA 

invoked on February 9, 2017, authority to suspend the distribution 

of transit funds to the WMATA jurisdictions until the new safety 

commission was established. 

10 

H.J. Res. 76 would grant Congress’ approval to the Metrorail 

Safety Commission Interstate Compact. 

Hearings 

The Committee on the Judiciary held no hearings on H.J. Res. 

76. 

Committee Consideration 

On June 14, 2017, the Committee met in open session and ordered the joint resolution (H.J. Res. 76) favorably reported with an 

amendment, by voice vote, a quorum being present. 

Committee Votes 

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that there were 

no recorded votes during the Committee’s consideration of H.J. Res. 

76. 

Committee Oversight Findings 

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

New Budget Authority and Tax Expenditures 

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new 

budgetary authority or increased tax expenditures. 

Congressional Budget Office Cost Estimate 

In compliance with clause 3(c)(3) of rule XIII of the Rules of the 

House of Representatives, the Committee sets forth, with respect to 

the bill, H.J. Res. 76, the following estimate and comparison prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, July 14, 2017. 

Hon. BOB GOODLATTE, CHAIRMAN, 

Committee on the Judiciary, 

U.S. House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.J. Res. 76, joint resolution 

granting the consent and approval of Congress for the Commonwealth of Virginia, the State of Maryland, and the District of Columbia to enter into a compact relating to the establishment of the 

Washington Metrorail Safety Commission. 

11 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Sarah Puro who can be 

reached at 226–2860. 

Sincerely, 

KEITH HALL. 

Enclosure 

cc: Honorable John Conyers, Jr. 

Ranking Member 

H.J. Res. 76—Joint Resolution granting the consent and approval of Congress for the Commonwealth of Virginia, the 

State of Maryland, and the District of Columbia to enter 

into a compact relating to the establishment of the Washington Metrorail Safety Commission 

As ordered reported by the House Committee on Judiciary on June 

14, 2017. 

H.J. Res. 76 would grant Congressional consent to a compact establishing a safety commission for the Washington Metropolitan 

Area Transit Authority (WMATA). A Congressional act is required 

for WMATA to establish a safety commission. Based on information 

from WMATA and the Federal Transit Administration (FTA), CBO 

anticipates that under H.J. Res. 76 WMATA would certify a safety 

oversight agency during fiscal year 2018. 

Establishing this commission would bring WMATA into compliance with federal law that requires an independent agency to oversee safety at the transit authority. The FTA currently serves as the 

entity responsible for safety oversight of the agency and will continue to do so until the compact is approved and the FTA certifies 

that WMATA is able to provide safety oversight that complies with 

FTA guidelines. In fiscal year 2016, the FTA spent about $6 million 

on safety activities for WMATA and will continue to incur similar 

costs until the WMATA oversight program is certified, CBO estimates. Thus, implementing the bill would decrease discretionary 

costs for the FTA by about $6 million a year. 

In addition, the FTA is prohibiting the states of Virginia and 

Maryland and the District of Columbia from obligating about $15 

million that was provided in 2017 until WMATA establishes a safety commission. Spending for transportation programs funded from 

the Highway Trust Fund is controlled by annual limitations on obligations contained in appropriations acts. Section 160 of the Consolidated Appropriations Act, 2017 directed that funds for FTA programs covered by the 2017 obligation limitation (including the $15 

million mentioned above) will remain available for obligation 

through 2022. Upon certification, CBO expects that the $15 million 

would become available and would subsequently be spent over the 

2018–2024 period. Because enacting this joint resolution would effectively make that $15 million available, those outlays would increase direct spending. Therefore, pay-as-you-go procedures apply. 

Enacting H.J. Res. 76 would not affect revenues. The bill’s direct 

spending effects are shown in the following table. 

12 

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.J. RES. 76, AS ORDERED REPORTED BY THE 

HOUSE COMMITTEE ON THE JUDICIARY ON JUNE 14, 2017 

By fiscal year, in millions of dollars— 

2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2017– 

2022 

2017– 

2027 

NET INCREASE IN THE DEFICIT 

Statutory Pay-As-You-Go Impact .... 0 2 4 4 2 1 1 1 0 0 0 13 15 

CBO estimates that enacting H.J. Res. 76 would not increase net 

direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2028. 

H.J. Res. 76 contains no intergovernmental or private-sector 

mandates as defined in the Unfunded Mandates Reform Act and 

would benefit Virginia, Maryland, and the District of Columbia by 

approving the establishment of the Washington Metrorail Safety 

Commission. Any costs incurred by those entities would result from 

conditions of federal assistance. 

The CBO staff contacts for this estimate are Sarah Puro (for federal costs) and Jon Sperl (for intergovernmental mandates). The estimate was approved by H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

Duplication of Federal Programs 

No provision of H.J. Res. 76 establishes or reauthorizes a program of the Federal government known to be duplicative of another 

Federal program, a program that was included in any report from 

the Government Accountability Office to Congress pursuant to section 21 of Public Law 111–139, or a program related to a program 

identified in the most recent Catalog of Federal Domestic Assistance. 

Disclosure of Directed Rule Makings 

The Committee estimates that H.J. Res. 76 specifically directs to 

be completed no specific rule makings within the meaning of 5 

U.S.C. § 551. 

Performance Goals and Objectives 

The Committee states that pursuant to clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, H.J. Res. 76 grants 

Congress’ approval to the Metrorail Safety Interstate Compact, facilitating safety and safety oversight improvements to the Washington Metropolitan Area Transit Authority’s Metrorail system. 

Advisory on Earmarks 

In accordance with clause 9 of rule XXI of the Rules of the House 

of Representatives, H.J. Res. 76 does not contain any congressional 

earmarks, limited tax benefits, or limited tariff benefits as defined 

in clause 9(e), 9(f), or 9(g) of Rule XXI. 

Section-by-Section Analysis 

The following discussion describes the bill as reported by the 

Committee. 

13 

Section 1. Consent and Approval of Congress. Section 1 sets forth 

the consent and approval of Congress for the Metrorail Safety Commission Interstate Compact, the provisions of which are then reproduced in the section as follows: 

Art. I: Definitions. Article I sets forth numerous definitions employed in the compact. 

Art. II: Purpose and Functions. Article II sets forth the compact’s 

purpose as the creation of the Washington Metrorail Safety Commission, to ‘‘have safety regulatory and enforcement authority over 

the WMATA Rail System and . . . act as the state safety oversight 

authority for WMATA under 49 U.S.C. 5329.’’ The article further 

specifies that the Commission shall: 

(a) ‘‘[h]ave exclusive safety oversight authority and responsibility over the WMATA Rail System . . . including, without limitation, the power to restrict, suspend, or prohibit rail service 

on all or part of the WMATA Rail System;’’ 

(b) ‘‘[d]evelop and adopt a written state safety oversight program standard;’’ 

(c) ‘‘[r]eview and approve the WMATA Public Transportation 

Agency Safety Plan;’’ 

(d) ‘‘[i]nvestigate hazards, incidents, and accidents on the 

WMATA Rail System;’’ 

(e) ‘‘[r]equire, review, approve, oversee, and enforce Corrective Action Plans developed by WMATA;’’ and 

(f) ‘‘[m]eet other requirements of federal and State law relating to safety oversight of the WMATA Rail System.’’ 

Art. III. Establishment and Organization of the Commission. Article III establishes the Commission and sets forth its numerous organizational parameters. 

Art. IV. Powers. Article IV sets forth the Commission’s safety 

oversight and general powers, consistent with the purposes specified in Article II. 

Art. V. General Provisions. Article V sets forth numerous general 

provisions for the Commission and concerning the compact, including with regard to annual safety reports, operations reports and 

audits, financing, and other matters of Commission and compact 

administration. 

Sec. 2. Right to Alter, Amend or Repeal. Section 2 expressly reserves Congress’ right to alter, amend, or repeal the joint resolution and provides that Congress’ consent to the compact shall not 

be construed to impair or affect Congress’ authority in and over the 

region forming the subject of the compact. 

Sec. 3. Construction and Severability. Section 3 provides a liberal 

rule of construction for the compact and a rule of severability to 

apply if one or more provisions of the compact or its enabling legislation are held invalid. 

Sec. 4. Inconsistency of Language. Section 4 provides that the 

compact’s validity shall not be affected by insubstantial differences 

in its form or language as adopted by the separate WMATA jurisdictions. 

Sec. 5. Effective Date. Section 5 provides that the resolution shall 

be effective upon its enactment. 

Æ