IB 

Union Calendar No. 162 

115TH CONGRESS 

1ST SESSION H. J. RES. 76 

[Report No. 115–227] 

Granting the consent and approval of Congress for the Commonwealth of 

Virginia, the State of Maryland, and the District of Columbia to a 

enter into a compact relating to the establishment of the Washington 

Metrorail Safety Commission. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 16, 2017 

Mr. HOYER (for himself, Ms. NORTON, Mr. SARBANES, Mr. CONNOLLY, Mr. 

DELANEY, Mr. BEYER, Mr. BROWN of Maryland, Mr. RASKIN, and Mrs. 

COMSTOCK) submitted the following joint resolution; which was referred 

to the Committee on the Judiciary 

JULY 17, 2017 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the resolving clause and insert the part printed in italic] 

JOINT RESOLUTION 

Granting the consent and approval of Congress for the Commonwealth of Virginia, the State of Maryland, and the 

District of Columbia to a enter into a compact relating 

to the establishment of the Washington Metrorail Safety 

Commission. 


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Whereas the Washington Metropolitan Area Transit Authority, an interstate compact agency of the District of Columbia, the Commonwealth of Virginia, and the State of 

Maryland, provides transportation services to millions of 

people each year, the safety of whom is paramount; 

Whereas an effective and safe Washington Metropolitan Area 

Transit Authority system is essential to the commerce 

and prosperity of the National Capital region; 

Whereas the Tri-State Oversight Committee, created by a 

memorandum of understanding amongst these 3 jurisdictions, has provided safety oversight of the Washington 

Metropolitan Area Transit Authority; 

Whereas 49 U.S.C. 5329 requires the creation of a legally 

and financially independent state authority for safety 

oversight of all fixed rail transit facilities; 

Whereas the District of Columbia, the Commonwealth of Virginia, and the State of Maryland intend to create a 

Washington Metrorail Safety Commission to act as the 

state safety oversight authority for the Washington Metropolitan Area Transit Authority system under 49 U.S.C. 

5329; and 

Whereas this compact is created 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. 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 That the consent and approval of Congress is hereby given 

4 for the Commonwealth of Virginia, the State of Maryland, 

5 and the District of Columbia to enter into a compact for 


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1 the safety oversight of the Washington Metropolitan Area 

2 Transit Authority Metrorail system (known as the Metro3 rail Safety Commission Interstate Compact), which has 

4 been negotiated by representatives of the State, the Com5 monwealth, and the District, substantially as follows: 

6 ‘‘ARTICLE I 

7 ‘‘DEFINITIONS 

8 ‘‘1. As used in this MSC Compact, the following 

9 words and terms shall have the meanings set forth below, 

10 unless the context clearly requires a different meaning. 

11 Capitalized terms used herein, but not otherwise defined 

12 in this MSC Compact, shall have the definition set forth 

13 in regulations issued under 49 U.S.C. § 5329, as they may 

14 be revised from time to time. 

15 ‘‘(a) ‘Alternate Member’ means an alternate 

16 member of the Board; 

17 ‘‘(b) ‘Board’ means the board of directors of 

18 the Commission; 

19 ‘‘(c) ‘Commission’ means the Washington Met20 rorail Safety Commission; 

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

22 ‘‘(e) ‘MSC Compact’ means this Washington 

23 Metrorail Safety Commission Interstate Compact; 

24 ‘‘(f) ‘Public Transportation Agency Safety Plan’ 

25 means the comprehensive agency safety plan for a 


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1 rail transit agency required by 49 U.S.C. § 5329 

2 and the regulations issued thereunder, as may be 

3 amended or revised from time to time; 

4 ‘‘(g) ‘Public Transportation Safety Certification 

5 Training Program’ means the federal certification 

6 training program, as established and amended from 

7 time to time by applicable federal laws and regula8 tions, for federal and state employees, or other des9 ignated personnel, who conduct safety audits and ex10 aminations of public transportation systems, and 

11 employees of public transportation agencies directly 

12 responsible for safety oversight; 

13 ‘‘(h) ‘Safety Sensitive Position’ means any posi14 tion held by a WMATA employee or contractor des15 ignated in the Public Transportation Agency Safety 

16 Plan for the WMATA Rail System and approved by 

17 the Commission as directly or indirectly affecting the 

18 safety of the passengers or employees of the 

19 WMATA Rail System; 

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

21 the Commonwealth of Virginia, and the District of 

22 Columbia; 

23 ‘‘(j) ‘State’, ‘state’, or ‘jurisdiction’ means the 

24 District of Columbia, the State of Maryland, or the 

25 Commonwealth of Virginia; 


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1 ‘‘(k) ‘Washington Metropolitan Area Transit 

2 Authority’ or ‘WMATA’ is the entity created by the 

3 WMATA Compact, which entity is responsible for 

4 providing certain rail fixed guideway public trans5 portation system services; 

6 ‘‘(l) ‘WMATA Compact’ means the Washington 

7 Metropolitan Area Transit Authority Compact, ap8 proved November 6, 1966 (80 Stat. 1324; D.C. Offi9 cial Code § 9–1107.01 et seq.); and 

10 ‘‘(m) ‘WMATA Rail System’ or ‘Metrorail’ 

11 means the rail fixed guideway public transportation 

12 system and all other real and personal property 

13 owned, leased, operated, or otherwise used by 

14 WMATA rail services and shall include WMATA rail 

15 projects under design or construction by owners 

16 other than WMATA. 

17 ‘‘ARTICLE II 

18 ‘‘PURPOSE AND FUNCTIONS 

19 ‘‘2. The Signatories to the WMATA Compact hereby 

20 adopt this MSC Compact pursuant to 49 U.S.C. § 5329. 

21 The Commission created hereunder shall have safety regu22 latory and enforcement authority over the WMATA Rail 

23 System and shall act as the state safety oversight author24 ity for WMATA under 49 U.S.C. § 5329, as may be 


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1 amended from time to time. WMATA shall be subject to 

2 the Commission’s rules, regulations, actions, and orders. 

3 ‘‘3. The purpose of this MSC Compact is to create 

4 a state safety oversight authority for the WMATA Rail 

5 System, pursuant to the mandate of federal law, as a com6 mon agency of each Signatory, empowered in the manner 

7 hereinafter set forth to review, approve, oversee, and en8 force the safety of the WMATA Rail System, including, 

9 without limitation, to: 

10 ‘‘(a) Have exclusive safety oversight authority 

11 and responsibility over the WMATA Rail System 

12 pursuant to federal law, including, without limita13 tion, the power to restrict, suspend, or prohibit rail 

14 service on all or part of the WMATA Rail System 

15 as set forth in this MSC Compact; 

16 ‘‘(b) Develop and adopt a written state safety 

17 oversight program standard; 

18 ‘‘(c) Review and approve the WMATA Public 

19 Transportation Agency Safety Plan; 

20 ‘‘(d) Investigate hazards, incidents, and acci21 dents on the WMATA Rail System; 

22 ‘‘(e) Require, review, approve, oversee, and en23 force Corrective Action Plans developed by WMATA; 

24 and 


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1 ‘‘(f) Meet other requirements of federal and 

2 State law relating to safety oversight of the 

3 WMATA Rail System. 

4 ‘‘ARTICLE III 

5 ‘‘ESTABLISHMENT AND ORGANIZATION 

6 ‘‘A. Washington Metrorail Safety Commission 

7 ‘‘4. The Commission is hereby created as an instru8 mentality of each Signatory, which shall be a public body 

9 corporate and politic, and which shall have the powers and 

10 duties set forth in this MSC Compact. 

11 ‘‘5. The Commission shall be financially and legally 

12 independent from WMATA. 

13 ‘‘B. Board Membership 

14 ‘‘6. The Commission shall be governed by a Board 

15 of 6 Members with 2 Members appointed or reappointed 

16 (including to fill an unexpired term) by each Signatory 

17 pursuant to the Signatory’s applicable laws. 

18 ‘‘7. Each Signatory shall also appoint or reappoint 

19 (including to fill an unexpired term) one Alternate Mem20 ber pursuant to the Signatory’s applicable laws. 

21 ‘‘8. An Alternate Member shall participate and take 

22 action as a Member only in the absence of one or both 

23 Members appointed from the same jurisdiction as the Al24 ternate Member’s appointing jurisdiction and, in such in25 stances, may cast a single vote. 


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1 ‘‘9. Members and Alternate Members shall have back2 grounds in transit safety, transportation, relevant engi3 neering disciplines, or public finance. 

4 ‘‘10. No Member or Alternate Member shall simulta5 neously hold an elected public office, serve on the WMATA 

6 board of directors, be employed by WMATA, or be a con7 tractor to WMATA. 

8 ‘‘11. Each Member and Alternate Member shall serve 

9 a 4-year term and may be reappointed for additional 

10 terms; except that, each Signatory shall make its initial 

11 appointments as follows: 

12 ‘‘(a) One Member shall be appointed for a 4- 

13 year term; 

14 ‘‘(b) One Member shall be appointed for a 2- 

15 year term; and 

16 ‘‘(c) The Alternate Member shall be appointed 

17 for a 3-year term. 

18 ‘‘12. Any person appointed to fill a vacancy shall 

19 serve for the unexpired term. 

20 ‘‘13. Members and Alternate Members shall be enti21 tled to reimbursement for reasonable and necessary ex22 penses and shall be compensated for each day spent meet23 ing on the business of the Commission at a rate of $200 

24 per day or at such other rate as may be adjusted in appro25 priations approved by all of the Signatories. 


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1 ‘‘14. A Member or an Alternate Member may be re2 moved or suspended from office only for cause in accord3 ance with the laws of such Member’s or Alternate Mem4 ber’s appointing jurisdiction. 

5 ‘‘C. Quorum and Actions of the Board 

6 ‘‘15. Four Members shall constitute a quorum, and 

7 the affirmative vote of 4 Members is required for action 

8 of the Board. Quorum and voting requirements under this 

9 paragraph may be met with one or more Alternate Mem10 bers pursuant to section 8. 

11 ‘‘16. The Commission action shall become effective 

12 upon enactment unless otherwise provided for by the Com13 mission. 

14 ‘‘D. Oath of Office 

15 ‘‘17. Before entering office, each Member and Alter16 nate Member shall take and subscribe to the following 

17 oath (or affirmation) of office or any such other oath or 

18 affirmation as the constitution or laws of the Signatory 

19 he or she represents shall provide: 

20 ‘‘I, lllllllllll, hereby solemnly 

21 swear (or affirm) that I will support and defend the Con22 stitution and the laws of the United States as a Member 

23 (or Alternate Member) of the Board of the Washington 

24 Metrorail Safety Commission and will faithfully discharge 

25 the duties of the office upon which I am about to enter. 


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1 ‘‘E. Organization and Procedure 

2 ‘‘18. The Board shall provide for its own organization 

3 and procedure. Meetings of the Board shall be held as fre4 quently as the Board determines, but in no event less than 

5 quarterly. The Board shall keep minutes of its meetings 

6 and establish rules and regulations governing its trans7 actions and internal affairs, including, without limitation, 

8 policies regarding records retention that are not in conflict 

9 with applicable federal record retention laws. 

10 ‘‘19. The Commission shall keep commercially rea11 sonable records of its financial transactions in accordance 

12 with accounting principles generally accepted in the 

13 United States of America. 

14 ‘‘20. The Commission shall establish an office for the 

15 conduct of its affairs at a location to be determined by 

16 the Commission. 

17 ‘‘21. The Commission shall adopt 5 U.S.C. § 552(a)– 

18 (d) and (g), and 5 U.S.C. § 552b, as both may be amended 

19 from time to time, as its freedom-of-information policy 

20 and open-meeting policy, respectively, and shall not be 

21 subject to the comparable laws or policies of any Signa22 tory. 

23 ‘‘22. Reports of investigations or inquiries adopted by 

24 the Board shall be made publicly available. 


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1 ‘‘23. The Commission shall adopt a policy on conflict 

2 of interest that shall be consistent with the regulations 

3 issued under 49 U.S.C. § 5329, as they may be revised 

4 from time to time, which, among other things, places ap5 propriate separation between Members, officers, employ6 ees, contractors, and agents of the Commission and 

7 WMATA. 

8 ‘‘24. The Commission shall adopt and utilize its own 

9 administrative procedure and procurement policies in con10 formance with applicable federal regulations and shall not 

11 be subject to the administrative procedure or procurement 

12 laws of any Signatory. 

13 ‘‘F. Officers and Employees 

14 ‘‘25. The Board shall elect a Chairman, Vice Chair15 man, Secretary, and Treasurer from among its Members, 

16 each for a 2-year term and shall prescribe their powers 

17 and duties. 

18 ‘‘26. The Board shall appoint and fix the compensa19 tion and benefits of a chief executive officer who shall be 

20 the chief administrative officer of the Commission and who 

21 shall have expertise in transportation safety and one or 

22 more industry-recognized transportation safety certifi23 cations. 

24 ‘‘27. Consistent with 49 U.S.C. § 5329, as may be 

25 amended from time to time, the Commission may employ, 


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1 under the direction of the chief executive officer, such 

2 other technical, legal, clerical, and other employees on a 

3 regular, part-time, or as-needed basis as it determines nec4 essary or desirable for the discharge of its duties. 

5 ‘‘28. The Commission shall not be bound by any stat6 ute or regulation of any Signatory in the employment or 

7 discharge of any officer or employee of the Commission, 

8 but shall develop its own policies in compliance with fed9 eral law. The MSC shall, however, consider the laws of 

10 the Signatories in devising its employment and discharge 

11 policies, and when it deems it practical, devise policies con12 sistent with the laws of the Signatories. 

13 ‘‘29. The Board may fix and provide policies for the 

14 qualification, appointment, removal, term, tenure, com15 pensation benefits, worker’s compensation, pension, and 

16 retirement rights of its employees subject to federal law. 

17 The Board may also establish a personnel system based 

18 on merit and fitness and, subject to eligibility, participate 

19 in the pension, retirement, and worker’s compensation 

20 plans of any Signatory or agency or political subdivision 

21 thereof. 

22 ‘‘ARTICLE IV 

23 ‘‘POWERS 

24 ‘‘A. Safety Oversight Powers 


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1 ‘‘30. In carrying out its purposes, the Commission, 

2 through its Board or designated employees or agents, 

3 shall, consistent with federal law: 

4 ‘‘(a) Adopt, revise, and distribute a written State 

5 Safety Oversight Program; 

6 ‘‘(b) Review, approve, oversee, and enforce the adop7 tion and implementation of WMATA’s Public Transpor8 tation Agency Safety Plan; 

9 ‘‘(c) Require, review, approve, oversee, and enforce 

10 the adoption and implementation of any Corrective Action 

11 Plans that the Commission deems appropriate; 

12 ‘‘(d) Implement and enforce relevant federal and 

13 State laws and regulations relating to safety of the 

14 WMATA Rail System; and 

15 ‘‘(e) Audit every 3 years the compliance of WMATA 

16 with WMATA’s Public Transportation Agency Safety 

17 Plan or conduct such an audit on an ongoing basis over 

18 a 3-year time frame. 

19 ‘‘31. In performing its duties, the Commission, 

20 through its Board or designated employees or agents, may: 

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

22 investigations, examinations, and testing of WMATA per23 sonnel and contractors, property, equipment, facilities, 

24 rolling stock, and operations of the WMATA Rail System, 

25 including, without limitation, electronic information and 


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1 databases through reasonable means, which may include 

2 issuance of subpoenas; 

3 ‘‘(b) Enter upon the WMATA Rail System and, upon 

4 reasonable notice and a finding by the chief executive offi5 cer that a need exists, upon any lands, waters, and prem6 ises adjacent to the WMATA Rail System, including, with7 out limitation, property owned or occupied by the federal 

8 government, for the purpose of making inspections, inves9 tigations, examinations, and testing as the Commission 

10 may deem necessary to carry out the purposes of this MSC 

11 Compact, and such entry shall not be deemed a trespass. 

12 The Commission shall make reasonable reimbursement for 

13 any actual damage resulting to any such adjacent lands, 

14 waters, and premises as a result of such activities; 

15 ‘‘(c) Compel WMATA’s compliance with any Correc16 tive Action Plan or order of the Commission by such 

17 means as the Commission deems appropriate, including, 

18 without limitation, by: 

19 ‘‘(1) Taking legal action in a court of com20 petent jurisdiction; 

21 ‘‘(2) Issuing citations or fines with funds going 

22 into an escrow account for spending by WMATA on 

23 Commission-directed safety measures; 

24 ‘‘(3) Directing WMATA to prioritize spending 

25 on safety-critical items; 


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1 ‘‘(4) Removing a specific vehicle, infrastructure 

2 element, or hazard from the WMATA Rail System; 

3 and 

4 ‘‘(5) Compelling WMATA to restrict, suspend, 

5 or prohibit rail service on all or part of the WMATA 

6 Rail System with an appropriate notice period dic7 tated by the circumstances; 

8 ‘‘(d) Direct WMATA to suspend or disqualify from 

9 performing in any Safety Sensitive Position an individual 

10 who is alleged to or has violated safety rules, regulations, 

11 policies, or laws; 

12 ‘‘(e) Compel WMATA’s Office of the Inspector Gen13 eral, created under WMATA Board Resolution 2006–18, 

14 or any successor WMATA office or organization having 

15 similar duties, to conduct safety-related audits or inves16 tigations and to provide its findings to the Commission; 

17 and 

18 ‘‘(f) Take such other actions as the Commission may 

19 deem appropriate consistent with its purpose and powers. 

20 ‘‘32. Action by the Board under section 31(c)(5) shall 

21 require the unanimous vote of all Members present and 

22 voting. The Commission shall coordinate its enforcement 

23 activities with appropriate federal and State governmental 

24 authorities. 

25 ‘‘B. General Powers 


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1 ‘‘33. In addition to the powers and duties set forth 

2 above, the Commission may: 

3 ‘‘(a) Sue and be sued; 

4 ‘‘(b) Adopt, amend, and repeal rules and regulations 

5 respecting the exercise of the powers conferred by this 

6 MSC Compact; 

7 ‘‘(c) Create and abolish offices, employments, and po8 sitions (other than those specifically provided for in this 

9 MSC Compact) necessary or desirable for the purposes of 

10 the Commission; 

11 ‘‘(d) Determine a staffing level for the Commission 

12 that is commensurate with the size and complexity of the 

13 WMATA Rail System, and require that employees and 

14 other designated personnel of the Commission, who are re15 sponsible for safety oversight, be qualified to perform such 

16 functions through appropriate training, including, without 

17 limitation, successful completion of the Public Transpor18 tation Safety Certification Training Program; 

19 ‘‘(e) Contract for or employ consulting attorneys, in20 spectors, engineers, and such other experts necessary or 

21 desirable and, within the limitations prescribed in this 

22 MSC Compact, prescribe their powers and duties and fix 

23 their compensation; 

24 ‘‘(f) Enter into and perform contracts, leases, and 

25 agreements necessary or desirable in the performance of 


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1 its duties and in the execution of the powers granted under 

2 this MSC Compact; 

3 ‘‘(g) Apply for, receive, and accept such payments, 

4 appropriations, grants, gifts, loans, advances, and other 

5 funds, properties, and services as may be transferred or 

6 made available to it by the United States government or 

7 any other public or private entity or individual, subject 

8 to the limitations specified in section 42; 

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

10 pleasure; 

11 ‘‘(i) Adopt and amend by-laws, policies, and proce12 dures governing the regulation of its affairs; 

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

14 ‘‘(k) Do such other acts necessary or desirable for 

15 the performance of its duties and the execution of its pow16 ers under this MSC Compact. 

17 ‘‘34. Consistent with this MSC Compact, the Com18 mission shall promulgate rules and regulations to carry 

19 out the purposes of this MSC Compact. 

20 ‘‘ARTICLE V 

21 ‘‘GENERAL PROVISIONS 

22 ‘‘A. Annual Safety Report 

23 ‘‘35. The Commission shall make and publish annu24 ally a status report on the safety of the WMATA Rail Sys25 tem, which shall include, among other requirements estabVerDate Sep 11 2014 03:14 Jul 18, 2017 Jkt 069200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6401 E:\BILLS\HJ76.RH HJ76

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1 lished by the Commission and federal law, status updates 

2 of outstanding Corrective Action Plans, Commission direc3 tives, and on-going investigations. A copy of each such re4 port shall be provided to: 

5 ‘‘(a) The Administrator of the Federal Transit 

6 Administration; 

7 ‘‘(b) The Governor of Virginia, the Governor of 

8 Maryland, and the Mayor of the District of Colum9 bia; 

10 ‘‘(c) The Chairman of the Council of the Dis11 trict of Columbia; 

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

13 the Speaker of the Maryland House of Delegates; 

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

15 the Speaker of the Virginia House of Delegates; and 

16 ‘‘(f) The General Manager and each member of 

17 the board of directors of WMATA. 

18 ‘‘36. The Commission may prepare, publish, and dis19 tribute such other safety reports that it deems necessary 

20 or desirable. 

21 ‘‘B. Annual Report of Operations 

22 ‘‘37. The Commission shall make and publish an an23 nual report on its programs, operations, and finances, 

24 which shall be distributed in the same manner provided 

25 by section 35. 


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1 ‘‘38. The Commission may also prepare, publish, and 

2 distribute such other public reports and informational ma3 terials as it deems necessary or desirable. 

4 ‘‘C. Annual Independent Audit 

5 ‘‘39. An independent annual audit shall be made of 

6 the financial accounts of the Commission. The audit shall 

7 be made by qualified certified public accountants selected 

8 by the Board, who shall have no personal interest, direct 

9 or indirect, in the financial affairs of the Commission or 

10 any of its officers or employees. The report of audit shall 

11 be prepared in accordance with generally accepted audit12 ing principles and shall be distributed in the same manner 

13 provided by section 35. Members, employees, agents, and 

14 contractors of the Commission shall provide access to in15 formation necessary or desirable for the conduct of the 

16 annual audit. 

17 ‘‘D. Financing 

18 ‘‘40. The Commission’s operations shall be funded, 

19 independently of WMATA, by the Signatory jurisdictions 

20 and, when available, by federal funds. The Commission 

21 shall have no authority to levy taxes. 

22 ‘‘41. The Signatories shall unanimously agree on ade23 quate funding levels for the Commission and make equal 

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1 priation, to cover the portion of Commission operations 

2 not funded by federal funds. 

3 ‘‘42. The Commission may borrow up to 5% of its 

4 last annual appropriations budget in anticipation of re5 ceipts, or as otherwise set forth in the appropriations 

6 budget approved by all of the Signatories, from any lawful 

7 lending institution for any purpose of this MSC Compact, 

8 including, without limitation, for administrative expenses. 

9 Such loans shall be for a term not to exceed 2 years, or 

10 at such longer term approved by each Signatory pursuant 

11 to its laws as evidenced by the written authorization by 

12 the Mayor of the District of Columbia and the Governors 

13 of Maryland and Virginia, and at such rates of interest 

14 as shall be acceptable to the Commission. 

15 ‘‘43. With respect to the District of Columbia, the 

16 commitment or obligation to render financial assistance to 

17 the Commission shall be created, by appropriation or in 

18 such other manner, or by such other legislation, as the 

19 District of Columbia shall determine; provided, that any 

20 such commitment or obligation shall be approved by Con21 gress pursuant to the District of Columbia Home Rule 

22 Act, approved December 24, 1973 (87 Stat. 774; D.C. Of23 ficial Code § 1–201.01 et seq.). 

24 ‘‘44. Pursuant to the requirements of 31 U.S.C. §§ 

25 1341, 1342, 1349 to 1351, and 1511 to 1519, and D.C. 


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1 Official Code §§ 47–105 and 47–355.01 to 355.08 (collec2 tively, the ‘Anti-Deficiency Acts’), the District cannot obli3 gate itself to any financial commitment in any present or 

4 future year unless the necessary funds to pay that commit5 ment have been appropriated and are lawfully available 

6 for the purpose committed. Thus, pursuant to the Anti7 Deficiency Acts, nothing in the MSC Compact creates an 

8 obligation of the District in anticipation of an appropria9 tion for such purpose, and the District’s legal liability for 

10 the payment of any amount under this MSC Compact does 

11 not and may not arise or obtain in advance of the lawful 

12 availability of appropriated funds for the applicable fiscal 

13 year. 

14 ‘‘E. Tax Exemption 

15 ‘‘45. The exercise of the powers granted by this MSC 

16 Compact shall in all respects be for the benefit of the peo17 ple of the District of Columbia, the Commonwealth of Vir18 ginia, and the State of Maryland and for the increase of 

19 their safety, commerce, and prosperity, and as the activi20 ties associated with this MSC Compact shall constitute the 

21 performance of essential governmental functions, the 

22 Commission shall not be required to pay any taxes or as23 sessments upon the services or any property acquired or 

24 used by the Commission under the provisions of this MSC 

25 Compact or upon the income therefrom, and shall at all 


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1 times be free from taxation within the District of Colum2 bia, the Commonwealth of Virginia, and the State of 

3 Maryland. 

4 ‘‘F. Reconsideration of Commission Orders 

5 ‘‘46. WMATA shall have the right to petition the 

6 Commission for reconsideration of an order based on rules 

7 and procedures developed by the Commission. 

8 ‘‘47. Consistent with section 16, the filing of a peti9 tion for reconsideration shall not act as a stay upon the 

10 execution of a Commission order, or any part of it, unless 

11 the Commission orders otherwise. WMATA may appeal 

12 any adverse action on a petition for reconsideration as set 

13 forth in section 48. 

14 ‘‘G. Judicial Matters 

15 ‘‘48. The United States District Court for the East16 ern District of Virginia, Alexandria Division, the United 

17 States District Court for the District of Maryland, South18 ern Division, and the United States District Court for the 

19 District of Columbia shall have exclusive and original ju20 risdiction of all actions brought by or against the Commis21 sion and to enforce subpoenas under this MSC Compact. 

22 ‘‘49. The commencement of a judicial proceeding 

23 shall not operate as a stay of a Commission order unless 

24 specifically ordered by the court. 

25 ‘‘H. Liability and Indemnification 


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1 ‘‘50. The Commission and its Members, Alternate 

2 Members, officers, agents, employees, or representatives 

3 shall not be liable for suit or action or for any judgment 

4 or decree for damages, loss, or injury resulting from action 

5 taken within the scope of their employment or duties 

6 under this MSC Compact, nor required in any case arising 

7 or any appeal taken under this MSC Compact to give a 

8 supersedeas bond or security for damages. Nothing in this 

9 paragraph shall be construed to protect such person from 

10 suit or liability for damage, loss, injury, or liability caused 

11 by the intentional or willful and wanton misconduct of 

12 such person. 

13 ‘‘51. The Commission shall be liable for its contracts 

14 and for its torts and those of its Members, Alternate Mem15 bers, officers, agents, employees, and representatives com16 mitted in the conduct of any proprietary function, in ac17 cordance with the law of the applicable Signatory (includ18 ing, without limitation, rules on conflict of laws) but shall 

19 not be liable for any torts occurring in the performance 

20 of a governmental function. The exclusive remedy for such 

21 breach of contract or tort for which the Commission shall 

22 be liable, as herein provided, shall be by suit against the 

23 Commission. Nothing contained in this MSC Compact 

24 shall be construed as a waiver by the District of Columbia, 


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1 the Commonwealth of Virginia, or the State of Maryland 

2 of any immunity from suit. 

3 ‘‘I. Commitment of Parties 

4 ‘‘52. Each of the Signatories pledges to each other 

5 faithful cooperation in providing safety oversight for the 

6 WMATA Rail System, and, to affect such purposes, agrees 

7 to consider in good faith and request any necessary legisla8 tion to achieve the objectives of this MSC Compact. 

9 ‘‘J. Amendments and Supplements 

10 ‘‘53. Amendments and supplements to this MSC 

11 Compact shall be adopted by legislative action of each of 

12 the Signatories and the consent of Congress. When one 

13 Signatory adopts an amendment or supplement to an ex14 isting section of this MSC Compact, that amendment or 

15 supplement shall not be immediately effective, and the pre16 viously enacted provision or provisions shall remain in ef17 fect in each jurisdiction until the amendment or supple18 ment is approved by the other Signatories and is con19 sented to by Congress. 

20 ‘‘K. Withdrawal and Termination 

21 ‘‘54. Any Signatory may withdraw from this MSC 

22 Compact, which action shall constitute a termination of 

23 this MSC Compact. 

24 ‘‘55. Withdrawal from this MSC Compact shall be by 

25 a Signatory’s repeal of this MSC Compact from its laws, 


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1 but such repeal shall not take effect until 2 years after 

2 the effective date of the repealed statute and written no3 tice of the withdrawal being given by the withdrawing Sig4 natory to the governors or mayor, as appropriate, of the 

5 other Signatories. 

6 ‘‘56. Prior to termination of this MSC Compact, the 

7 Commission shall provide each Signatory: 

8 ‘‘(a) A mechanism for concluding the operations 

9 of the Commission; 

10 ‘‘(b) A proposal to maintain state safety over11 sight of the WMATA Rail System in compliance 

12 with applicable federal law; 

13 ‘‘(c) A plan to hold surplus funds in a trust for 

14 a successor regulatory entity for 4 years after the 

15 termination of this MSC Compact; and 

16 ‘‘(d) A plan to return any surplus funds that 

17 remain 4 years after the creation of the trust. 

18 ‘‘L. Construction and Severability 

19 ‘‘57. This MSC Compact shall be liberally construed 

20 to effectuate the purposes for which it is created. 

21 ‘‘58. If any part or provision of this MSC Compact 

22 or the application thereof to any person or circumstances 

23 be adjudged invalid by any court of competent jurisdiction, 

24 such judgment shall be confined in its operation to the 

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1 troversy in which such judgment shall have been rendered 

2 and shall not affect or impair the validity of the remainder 

3 of this MSC Compact or the application thereof to other 

4 persons or circumstances, and the Signatories hereby de5 clare that they would have entered into this MSC Compact 

6 or the remainder thereof had the invalidity of such provi7 sion or application thereof been apparent. 

8 ‘‘M. Adoption; Effective Date 

9 ‘‘59. This MSC Compact shall be adopted by the Sig10 natories in the manner provided by law therefor and shall 

11 be signed and sealed in 4 duplicate original copies. One 

12 such copy shall be filed with the Secretary of State of the 

13 State of Maryland, the Secretary of the Commonwealth 

14 of Virginia, and the Secretary of the District of Columbia 

15 in accordance with the laws of each jurisdiction. One copy 

16 shall be filed and retained in the archives of the Commis17 sion upon its organization. This MSC Compact shall be18 come effective upon the enactment of concurring legisla19 tion by the District of Columbia, the Commonwealth of 

20 Virginia, and the State of Maryland, and consent thereto 

21 by Congress and when all other acts or actions have been 

22 taken, including, without limitation, the signing and exe23 cution of this MSC Compact by the Governors of Mary24 land and Virginia and the Mayor of the District of Colum25 bia. 


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1 ‘‘N. Conflict of Laws 

2 ‘‘60. Any conflict between any authority granted 

3 herein, or the exercise of such authority, and the provi4 sions of the WMATA Compact shall be resolved in favor 

5 of the exercise of such authority by the Commission. 

6 ‘‘61. All other general or special laws inconsistent 

7 with this MSC Compact are hereby declared to be inappli8 cable to the Commission or its activities.’’. 

9 CONSENT AND APPROVAL OF CONGRESS

10 SECTION 1. The consent and approval of Congress is 

11 hereby given for the Commonwealth of Virginia, the State 

12 of Maryland, and the District of Columbia to enter into 

13 a compact for the safety oversight of the Washington Metro14 politan Area Transit Authority Metrorail system (known 

15 as the Metrorail Safety Commission Interstate Compact), 

16 which has been negotiated by representatives of the State, 

17 the Commonwealth, and the District, substantially as fol18 lows: 

19 ‘‘ARTICLE I 

20 ‘‘DEFINITIONS 

21 ‘‘1. As used in this MSC Compact, the following words 

22 and terms shall have the meanings set forth below, unless 

23 the context clearly requires a different meaning. Capitalized 

24 terms used herein, but not otherwise defined in this MSC 

25 Compact, shall have the definition set forth in regulations 


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1 issued under 49 U.S.C. § 5329, as they may be revised from 

2 time to time. 

3 ‘‘(a) ‘Alternate Member’ means an alternate 

4 member of the Board; 

5 ‘‘(b) ‘Board’ means the board of directors of the 

6 Commission; 

7 ‘‘(c) ‘Commission’ means the Washington Metro8 rail Safety Commission; 

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

10 ‘‘(e) ‘MSC Compact’ means this Washington 

11 Metrorail Safety Commission Interstate Compact; 

12 ‘‘(f) ‘Public Transportation Agency Safety Plan’ 

13 means the comprehensive agency safety plan for a rail 

14 transit agency required by 49 U.S.C. § 5329 and the 

15 regulations issued thereunder, as may be amended or 

16 revised from time to time; 

17 ‘‘(g) ‘Public Transportation Safety Certification 

18 Training Program’ means the federal certification 

19 training program, as established and amended from 

20 time to time by applicable federal laws and regula21 tions, for federal and state employees, or other des22 ignated personnel, who conduct safety audits and ex23 aminations of public transportation systems, and em24 ployees of public transportation agencies directly re25 sponsible for safety oversight; 


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1 ‘‘(h) ‘Safety Sensitive Position’ means any posi2 tion held by a WMATA employee or contractor des3 ignated in the Public Transportation Agency Safety 

4 Plan for the WMATA Rail System and approved by 

5 the Commission as directly or indirectly affecting the 

6 safety of the passengers or employees of the WMATA 

7 Rail System; 

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

9 the Commonwealth of Virginia, and the District of 

10 Columbia; 

11 ‘‘(j) ‘State’, ‘state’, or ‘jurisdiction’ means the 

12 District of Columbia, the State of Maryland, or the 

13 Commonwealth of Virginia; 

14 ‘‘(k) ‘Washington Metropolitan Area Transit Au15 thority’ or ‘WMATA’ is the entity created by the 

16 WMATA Compact, which entity is responsible for 

17 providing certain rail fixed guideway public trans18 portation system services; 

19 ‘‘(l) ‘WMATA Compact’ means the Washington 

20 Metropolitan Area Transit Authority Compact, ap21 proved November 6, 1966 (80 Stat. 1324; D.C. Offi22 cial Code § 9–1107.01 et seq.); and 

23 ‘‘(m) ‘WMATA Rail System’ or ‘Metrorail’ 

24 means the rail fixed guideway public transportation 

25 system and all other real and personal property 


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1 owned, leased, operated, or otherwise used by WMATA 

2 rail services and shall include WMATA rail projects 

3 under design or construction by owners other than 

4 WMATA. 

5 ‘‘ARTICLE II 

6 ‘‘PURPOSE AND FUNCTIONS 

7 ‘‘2. The Signatories to the WMATA Compact hereby 

8 adopt this MSC Compact pursuant to 49 U.S.C. § 5329. 

9 The Commission created hereunder shall have safety regu10 latory and enforcement authority over the WMATA Rail 

11 System and shall act as the state safety oversight authority 

12 for WMATA under 49 U.S.C. § 5329, as may be amended 

13 from time to time. WMATA shall be subject to the Commis14 sion’s rules, regulations, actions, and orders. 

15 ‘‘3. The purpose of this MSC Compact is to create a 

16 state safety oversight authority for the WMATA Rail Sys17 tem, pursuant to the mandate of federal law, as a common 

18 agency of each Signatory, empowered in the manner herein19 after set forth to review, approve, oversee, and enforce the 

20 safety of the WMATA Rail System, including, without limi21 tation, to: 

22 ‘‘(a) Have exclusive safety oversight authority 

23 and responsibility over the WMATA Rail System 

24 pursuant to federal law, including, without limita25 tion, the power to restrict, suspend, or prohibit rail 


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1 service on all or part of the WMATA Rail System as 

2 set forth in this MSC Compact; 

3 ‘‘(b) Develop and adopt a written state safety 

4 oversight program standard; 

5 ‘‘(c) Review and approve the WMATA Public 

6 Transportation Agency Safety Plan; 

7 ‘‘(d) Investigate hazards, incidents, and acci8 dents on the WMATA Rail System; 

9 ‘‘(e) Require, review, approve, oversee, and en10 force Corrective Action Plans developed by WMATA; 

11 and 

12 ‘‘(f) Meet other requirements of federal and State 

13 law relating to safety oversight of the WMATA Rail 

14 System. 

15 ‘‘ARTICLE III 

16 ‘‘ESTABLISHMENT AND ORGANIZATION 

17 ‘‘A. Washington Metrorail Safety Commission 

18 ‘‘4. The Commission is hereby created as an instru19 mentality of each Signatory, which shall be a public body 

20 corporate and politic, and which shall have the powers and 

21 duties set forth in this MSC Compact. 

22 ‘‘5. The Commission shall be financially and legally 

23 independent from WMATA. 

24 ‘‘B. Board Membership 


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1 ‘‘6. The Commission shall be governed by a Board of 

2 6 Members with 2 Members appointed or reappointed (in3 cluding to fill an unexpired term) by each Signatory pursu4 ant to the Signatory’s applicable laws. 

5 ‘‘7. Each Signatory shall also appoint or reappoint 

6 (including to fill an unexpired term) one Alternate Member 

7 pursuant to the Signatory’s applicable laws. 

8 ‘‘8. An Alternate Member shall participate and take 

9 action as a Member only in the absence of one or both Mem10 bers appointed from the same jurisdiction as the Alternate 

11 Member’s appointing jurisdiction and, in such instances, 

12 may cast a single vote. 

13 ‘‘9. Members and Alternate Members shall have back14 grounds in transit safety, transportation, relevant engineer15 ing disciplines, or public finance. 

16 ‘‘10. No Member or Alternate Member shall simulta17 neously hold an elected public office, serve on the WMATA 

18 board of directors, be employed by WMATA, or be a con19 tractor to WMATA. 

20 ‘‘11. Each Member and Alternate Member shall serve 

21 a 4-year term and may be reappointed for additional terms; 

22 except that, each Signatory shall make its initial appoint23 ments as follows: 

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

25 term; 


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1 ‘‘(b) One Member shall be appointed for a 2-year 

2 term; and 

3 ‘‘(c) The Alternate Member shall be appointed for 

4 a 3-year term. 

5 ‘‘12. Any person appointed to fill a vacancy shall serve 

6 for the unexpired term. 

7 ‘‘13. Members and Alternate Members shall be entitled 

8 to reimbursement for reasonable and necessary expenses and 

9 shall be compensated for each day spent meeting on the 

10 business of the Commission at a rate of $200 per day or 

11 at such other rate as may be adjusted in appropriations 

12 approved by all of the Signatories. 

13 ‘‘14. A Member or an Alternate Member may be re14 moved or suspended from office only for cause in accordance 

15 with the laws of such Member’s or Alternate Member’s ap16 pointing jurisdiction. 

17 ‘‘C. Quorum and Actions of the Board 

18 ‘‘15. Four Members shall constitute a quorum, and the 

19 affirmative vote of 4 Members is required for action of the 

20 Board. Quorum and voting requirements under this para21 graph may be met with one or more Alternate Members pur22 suant to section 8. 

23 ‘‘16. The Commission action shall become effective 

24 upon enactment unless otherwise provided for by the Com25 mission. 


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1 ‘‘D. Oath of Office 

2 ‘‘17. Before entering office, each Member and Alternate 

3 Member shall take and subscribe to the following oath (or 

4 affirmation) of office or any such other oath or affirmation 

5 as the constitution or laws of the Signatory he or she rep6 resents shall provide: 

7 ‘‘I, lllllllllll, hereby solemnly swear 

8 (or affirm) that I will support and defend the Constitution 

9 and the laws of the United States as a Member (or Alternate 

10 Member) of the Board of the Washington Metrorail Safety 

11 Commission and will faithfully discharge the duties of the 

12 office upon which I am about to enter. 

13 ‘‘E. Organization and Procedure 

14 ‘‘18. The Board shall provide for its own organization 

15 and procedure. Meetings of the Board shall be held as fre16 quently as the Board determines, but in no event less than 

17 quarterly. The Board shall keep minutes of its meetings and 

18 establish rules and regulations governing its transactions 

19 and internal affairs, including, without limitation, policies 

20 regarding records retention that are not in conflict with ap21 plicable federal record retention laws. 

22 ‘‘19. The Commission shall keep commercially reason23 able records of its financial transactions in accordance with 

24 accounting principles generally accepted in the United 

25 States of America. 


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1 ‘‘20. The Commission shall establish an office for the 

2 conduct of its affairs at a location to be determined by the 

3 Commission. 

4 ‘‘21. The Commission shall adopt 5 U.S.C. § 552(a)– 

5 (d) and (g), and 5 U.S.C. § 552b, as both may be amended 

6 from time to time, as its freedom-of-information policy and 

7 open-meeting policy, respectively, and shall not be subject 

8 to the comparable laws or policies of any Signatory. 

9 ‘‘22. Reports of investigations or inquiries adopted by 

10 the Board shall be made publicly available. 

11 ‘‘23. The Commission shall adopt a policy on conflict 

12 of interest that shall be consistent with the regulations 

13 issued under 49 U.S.C. § 5329, as they may be revised from 

14 time to time, which, among other things, places appropriate 

15 separation between Members, officers, employees, contrac16 tors, and agents of the Commission and WMATA. 

17 ‘‘24. The Commission shall adopt and utilize its own 

18 administrative procedure and procurement policies in con19 formance with applicable federal regulations and shall not 

20 be subject to the administrative procedure or procurement 

21 laws of any Signatory. 

22 ‘‘F. Officers and Employees 

23 ‘‘25. The Board shall elect a Chairman, Vice Chair24 man, Secretary, and Treasurer from among its Members, 


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1 each for a 2-year term and shall prescribe their powers and 

2 duties. 

3 ‘‘26. The Board shall appoint and fix the compensa4 tion and benefits of a chief executive officer who shall be 

5 the chief administrative officer of the Commission and who 

6 shall have expertise in transportation safety and one or 

7 more industry-recognized transportation safety certifi8 cations. 

9 ‘‘27. Consistent with 49 U.S.C. § 5329, as may be 

10 amended from time to time, the Commission may employ, 

11 under the direction of the chief executive officer, such other 

12 technical, legal, clerical, and other employees on a regular, 

13 part-time, or as-needed basis as it determines necessary or 

14 desirable for the discharge of its duties. 

15 ‘‘28. The Commission shall not be bound by any stat16 ute or regulation of any Signatory in the employment or 

17 discharge of any officer or employee of the Commission, but 

18 shall develop its own policies in compliance with federal 

19 law. The MSC shall, however, consider the laws of the Sig20 natories in devising its employment and discharge policies, 

21 and when it deems it practical, devise policies consistent 

22 with the laws of the Signatories. 

23 ‘‘29. The Board may fix and provide policies for the 

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1 tirement rights of its employees subject to federal law. The 

2 Board may also establish a personnel system based on merit 

3 and fitness and, subject to eligibility, participate in the 

4 pension, retirement, and worker’s compensation plans of 

5 any Signatory or agency or political subdivision thereof. 

6 ‘‘ARTICLE IV 

7 ‘‘POWERS 

8 ‘‘A. Safety Oversight Powers 

9 ‘‘30. In carrying out its purposes, the Commission, 

10 through its Board or designated employees or agents, shall, 

11 consistent with federal law: 

12 ‘‘(a) Adopt, revise, and distribute a written State Safe13 ty Oversight Program; 

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

15 and implementation of WMATA’s Public Transportation 

16 Agency Safety Plan; 

17 ‘‘(c) Require, review, approve, oversee, and enforce the 

18 adoption and implementation of any Corrective Action 

19 Plans that the Commission deems appropriate; 

20 ‘‘(d) Implement and enforce relevant federal and State 

21 laws and regulations relating to safety of the WMATA Rail 

22 System; and 

23 ‘‘(e) Audit every 3 years the compliance of WMATA 

24 with WMATA’s Public Transportation Agency Safety Plan 


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1 or conduct such an audit on an ongoing basis over a 3- 

2 year time frame. 

3 ‘‘31. In performing its duties, the Commission, through 

4 its Board or designated employees or agents, may: 

5 ‘‘(a) Conduct, or cause to be conducted, inspections, in6 vestigations, examinations, and testing of WMATA per7 sonnel and contractors, property, equipment, facilities, roll8 ing stock, and operations of the WMATA Rail System, in9 cluding, without limitation, electronic information and 

10 databases through reasonable means, which may include 

11 issuance of subpoenas; 

12 ‘‘(b) Enter upon the WMATA Rail System and, upon 

13 reasonable notice and a finding by the chief executive officer 

14 that a need exists, upon any lands, waters, and premises 

15 adjacent to the WMATA Rail System, including, without 

16 limitation, property owned or occupied by the federal gov17 ernment, for the purpose of making inspections, investiga18 tions, examinations, and testing as the Commission may 

19 deem necessary to carry out the purposes of this MSC Com20 pact, and such entry shall not be deemed a trespass. The 

21 Commission shall make reasonable reimbursement for any 

22 actual damage resulting to any such adjacent lands, waters, 

23 and premises as a result of such activities; 

24 ‘‘(c) Compel WMATA’s compliance with any Correc25 tive Action Plan or order of the Commission by such means 


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1 as the Commission deems appropriate, including, without 

2 limitation, by: 

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

4 jurisdiction; 

5 ‘‘(2) Issuing citations or fines with funds going 

6 into an escrow account for spending by WMATA on 

7 Commission-directed safety measures; 

8 ‘‘(3) Directing WMATA to prioritize spending on 

9 safety-critical items; 

10 ‘‘(4) Removing a specific vehicle, infrastructure 

11 element, or hazard from the WMATA Rail System; 

12 and 

13 ‘‘(5) Compelling WMATA to restrict, suspend, or 

14 prohibit rail service on all or part of the WMATA 

15 Rail System with an appropriate notice period dic16 tated by the circumstances; 

17 ‘‘(d) Direct WMATA to suspend or disqualify from 

18 performing in any Safety Sensitive Position an individual 

19 who is alleged to or has violated safety rules, regulations, 

20 policies, or laws; 

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

22 created under WMATA Board Resolution 2006–18, or any 

23 successor WMATA office or organization having similar du24 ties, to conduct safety-related audits or investigations and 

25 to provide its findings to the Commission; and 


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1 ‘‘(f) Take such other actions as the Commission may 

2 deem appropriate consistent with its purpose and powers. 

3 ‘‘32. Action by the Board under section 31(c)(5) shall 

4 require the unanimous vote of all Members present and vot5 ing. The Commission shall coordinate its enforcement ac6 tivities with appropriate federal and State governmental 

7 authorities. 

8 ‘‘B. General Powers 

9 ‘‘33. In addition to the powers and duties set forth 

10 above, the Commission may: 

11 ‘‘(a) Sue and be sued; 

12 ‘‘(b) Adopt, amend, and repeal rules and regulations 

13 respecting the exercise of the powers conferred by this MSC 

14 Compact; 

15 ‘‘(c) Create and abolish offices, employments, and posi16 tions (other than those specifically provided for in this MSC 

17 Compact) necessary or desirable for the purposes of the 

18 Commission; 

19 ‘‘(d) Determine a staffing level for the Commission 

20 that is commensurate with the size and complexity of the 

21 WMATA Rail System, and require that employees and 

22 other designated personnel of the Commission, who are re23 sponsible for safety oversight, be qualified to perform such 

24 functions through appropriate training, including, without 


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1 limitation, successful completion of the Public Transpor2 tation Safety Certification Training Program; 

3 ‘‘(e) Contract for or employ consulting attorneys, in4 spectors, engineers, and such other experts necessary or de5 sirable and, within the limitations prescribed in this MSC 

6 Compact, prescribe their powers and duties and fix their 

7 compensation; 

8 ‘‘(f) Enter into and perform contracts, leases, and 

9 agreements necessary or desirable in the performance of its 

10 duties and in the execution of the powers granted under 

11 this MSC Compact; 

12 ‘‘(g) Apply for, receive, and accept such payments, ap13 propriations, grants, gifts, loans, advances, and other funds, 

14 properties, and services as may be transferred or made 

15 available to it by the United States government or any other 

16 public or private entity or individual, subject to the limita17 tions specified in section 42; 

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

19 pleasure; 

20 ‘‘(i) Adopt and amend by-laws, policies, and proce21 dures governing the regulation of its affairs; 

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

23 ‘‘(k) Do such other acts necessary or desirable for the 

24 performance of its duties and the execution of its powers 

25 under this MSC Compact. 


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1 ‘‘34. Consistent with this MSC Compact, the Commis2 sion shall promulgate rules and regulations to carry out 

3 the purposes of this MSC Compact. 

4 ‘‘ARTICLE V 

5 ‘‘GENERAL PROVISIONS 

6 ‘‘A. Annual Safety Report 

7 ‘‘35. The Commission shall make and publish annually 

8 a status report on the safety of the WMATA Rail System, 

9 which shall include, among other requirements established 

10 by the Commission and federal law, status updates of out11 standing Corrective Action Plans, Commission directives, 

12 and on-going investigations. A copy of each such report 

13 shall be provided to: 

14 ‘‘(a) The Administrator of the Federal Transit 

15 Administration; 

16 ‘‘(b) The Governor of Virginia, the Governor of 

17 Maryland, and the Mayor of the District of Columbia; 

18 ‘‘(c) The Chairman of the Council of the District 

19 of Columbia; 

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

21 the Speaker of the Maryland House of Delegates; 

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

23 the Speaker of the Virginia House of Delegates; and 

24 ‘‘(f) The General Manager and each member of 

25 the board of directors of WMATA. 


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1 ‘‘36. The Commission may prepare, publish, and dis2 tribute such other safety reports that it deems necessary or 

3 desirable. 

4 ‘‘B. Annual Report of Operations 

5 ‘‘37. The Commission shall make and publish an an6 nual report on its programs, operations, and finances, 

7 which shall be distributed in the same manner provided by 

8 section 35. 

9 ‘‘38. The Commission may also prepare, publish, and 

10 distribute such other public reports and informational ma11 terials as it deems necessary or desirable. 

12 ‘‘C. Annual Independent Audit 

13 ‘‘39. An independent annual audit shall be made of 

14 the financial accounts of the Commission. The audit shall 

15 be made by qualified certified public accountants selected 

16 by the Board, who shall have no personal interest, direct 

17 or indirect, in the financial affairs of the Commission or 

18 any of its officers or employees. The report of audit shall 

19 be prepared in accordance with generally accepted auditing 

20 principles and shall be distributed in the same manner pro21 vided by section 35. Members, employees, agents, and con22 tractors of the Commission shall provide access to informa23 tion necessary or desirable for the conduct of the annual 

24 audit. 

25 ‘‘D. Financing 


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1 ‘‘40. The Commission’s operations shall be funded, 

2 independently of WMATA, by the Signatory jurisdictions 

3 and, when available, by federal funds. The Commission 

4 shall have no authority to levy taxes. 

5 ‘‘41. The Signatories shall unanimously agree on ade6 quate funding levels for the Commission and make equal 

7 contributions of such funding, subject to annual appropria8 tion, to cover the portion of Commission operations not 

9 funded by federal funds. 

10 ‘‘42. The Commission may borrow up to 5% of its last 

11 annual appropriations budget in anticipation of receipts, 

12 or as otherwise set forth in the appropriations budget ap13 proved by all of the Signatories, from any lawful lending 

14 institution for any purpose of this MSC Compact, includ15 ing, without limitation, for administrative expenses. Such 

16 loans shall be for a term not to exceed 2 years, or at such 

17 longer term approved by each Signatory pursuant to its 

18 laws as evidenced by the written authorization by the 

19 Mayor of the District of Columbia and the Governors of 

20 Maryland and Virginia, and at such rates of interest as 

21 shall be acceptable to the Commission. 

22 ‘‘43. With respect to the District of Columbia, the com23 mitment or obligation to render financial assistance to the 

24 Commission shall be created, by appropriation or in such 

25 other manner, or by such other legislation, as the District 


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1 of Columbia shall determine; provided, that any such com2 mitment or obligation shall be approved by Congress pursu3 ant to the District of Columbia Home Rule Act, approved 

4 December 24, 1973 (87 Stat. 774; D.C. Official Code § 1– 

5 201.01 et seq.). 

6 ‘‘44. Pursuant to the requirements of 31 U.S.C. §§ 

7 1341, 1342, 1349 to 1351, and 1511 to 1519, and D.C. Offi8 cial Code §§ 47–105 and 47–355.01 to 355.08 (collectively, 

9 the ‘Anti-Deficiency Acts’), the District cannot obligate 

10 itself to any financial commitment in any present or future 

11 year unless the necessary funds to pay that commitment 

12 have been appropriated and are lawfully available for the 

13 purpose committed. Thus, pursuant to the Anti-Deficiency 

14 Acts, nothing in the MSC Compact creates an obligation 

15 of the District in anticipation of an appropriation for such 

16 purpose, and the District’s legal liability for the payment 

17 of any amount under this MSC Compact does not and may 

18 not arise or obtain in advance of the lawful availability 

19 of appropriated funds for the applicable fiscal year. 

20 ‘‘E. Tax Exemption 

21 ‘‘45. The exercise of the powers granted by this MSC 

22 Compact shall in all respects be for the benefit of the people 

23 of the District of Columbia, the Commonwealth of Virginia, 

24 and the State of Maryland and for the increase of their 

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1 ciated with this MSC Compact shall constitute the perform2 ance of essential governmental functions, the Commission 

3 shall not be required to pay any taxes or assessments upon 

4 the services or any property acquired or used by the Com5 mission under the provisions of this MSC Compact or upon 

6 the income therefrom, and shall at all times be free from 

7 taxation within the District of Columbia, the Common8 wealth of Virginia, and the State of Maryland. 

9 ‘‘F. Reconsideration of Commission Orders 

10 ‘‘46. WMATA shall have the right to petition the Com11 mission for reconsideration of an order based on rules and 

12 procedures developed by the Commission. 

13 ‘‘47. Consistent with section 16, the filing of a petition 

14 for reconsideration shall not act as a stay upon the execu15 tion of a Commission order, or any part of it, unless the 

16 Commission orders otherwise. WMATA may appeal any ad17 verse action on a petition for reconsideration as set forth 

18 in section 48. 

19 ‘‘G. Judicial Matters 

20 ‘‘48. The United States District Court for the Eastern 

21 District of Virginia, Alexandria Division, the United States 

22 District Court for the District of Maryland, Southern Divi23 sion, and the United States District Court for the District 

24 of Columbia shall have exclusive and original jurisdiction 


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1 of all actions brought by or against the Commission and 

2 to enforce subpoenas under this MSC Compact. 

3 ‘‘49. The commencement of a judicial proceeding shall 

4 not operate as a stay of a Commission order unless specifi5 cally ordered by the court. 

6 ‘‘H. Liability and Indemnification 

7 ‘‘50. The Commission and its Members, Alternate 

8 Members, officers, agents, employees, or representatives shall 

9 not be liable for suit or action or for any judgment or decree 

10 for damages, loss, or injury resulting from action taken 

11 within the scope of their employment or duties under this 

12 MSC Compact, nor required in any case arising or any 

13 appeal taken under this MSC Compact to give a super14 sedeas bond or security for damages. Nothing in this para15 graph shall be construed to protect such person from suit 

16 or liability for damage, loss, injury, or liability caused by 

17 the intentional or willful and wanton misconduct of such 

18 person. 

19 ‘‘51. The Commission shall be liable for its contracts 

20 and for its torts and those of its Members, Alternate Mem21 bers, officers, agents, employees, and representatives com22 mitted in the conduct of any proprietary function, in ac23 cordance with the law of the applicable Signatory (includ24 ing, without limitation, rules on conflict of laws) but shall 

25 not be liable for any torts occurring in the performance of 


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1 a governmental function. The exclusive remedy for such 

2 breach of contract or tort for which the Commission shall 

3 be liable, as herein provided, shall be by suit against the 

4 Commission. Nothing contained in this MSC Compact shall 

5 be construed as a waiver by the District of Columbia, the 

6 Commonwealth of Virginia, or the State of Maryland of any 

7 immunity from suit. 

8 ‘‘I. Commitment of Parties 

9 ‘‘52. Each of the Signatories pledges to each other 

10 faithful cooperation in providing safety oversight for the 

11 WMATA Rail System, and, to affect such purposes, agrees 

12 to consider in good faith and request any necessary legisla13 tion to achieve the objectives of this MSC Compact. 

14 ‘‘J. Amendments and Supplements 

15 ‘‘53. Amendments and supplements to this MSC Com16 pact shall be adopted by legislative action of each of the 

17 Signatories and the consent of Congress. When one Signa18 tory adopts an amendment or supplement to an existing 

19 section of this MSC Compact, that amendment or supple20 ment shall not be immediately effective, and the previously 

21 enacted provision or provisions shall remain in effect in 

22 each jurisdiction until the amendment or supplement is ap23 proved by the other Signatories and is consented to by Con24 gress. 

25 ‘‘K. Withdrawal and Termination 


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1 ‘‘54. Any Signatory may withdraw from this MSC 

2 Compact, which action shall constitute a termination of this 

3 MSC Compact. 

4 ‘‘55. Withdrawal from this MSC Compact shall be by 

5 a Signatory’s repeal of this MSC Compact from its laws, 

6 but such repeal shall not take effect until 2 years after the 

7 effective date of the repealed statute and written notice of 

8 the withdrawal being given by the withdrawing Signatory 

9 to the governors or mayor, as appropriate, of the other Sig10 natories. 

11 ‘‘56. Prior to termination of this MSC Compact, the 

12 Commission shall provide each Signatory: 

13 ‘‘(a) A mechanism for concluding the operations 

14 of the Commission; 

15 ‘‘(b) A proposal to maintain state safety over16 sight of the WMATA Rail System in compliance with 

17 applicable federal law; 

18 ‘‘(c) A plan to hold surplus funds in a trust for 

19 a successor regulatory entity for 4 years after the ter20 mination of this MSC Compact; and 

21 ‘‘(d) A plan to return any surplus funds that re22 main 4 years after the creation of the trust. 

23 ‘‘L. Construction and Severability 

24 ‘‘57. This MSC Compact shall be liberally construed 

25 to effectuate the purposes for which it is created. 


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1 ‘‘58. If any part or provision of this MSC Compact 

2 or the application thereof to any person or circumstances 

3 be adjudged invalid by any court of competent jurisdiction, 

4 such judgment shall be confined in its operation to the part, 

5 provision, or application directly involved in the con6 troversy in which such judgment shall have been rendered 

7 and shall not affect or impair the validity of the remainder 

8 of this MSC Compact or the application thereof to other 

9 persons or circumstances, and the Signatories hereby de10 clare that they would have entered into this MSC Compact 

11 or the remainder thereof had the invalidity of such provi12 sion or application thereof been apparent. 

13 ‘‘M. Adoption; Effective Date 

14 ‘‘59. This MSC Compact shall be adopted by the Sig15 natories in the manner provided by law therefor and shall 

16 be signed and sealed in 4 duplicate original copies. One 

17 such copy shall be filed with the Secretary of State of the 

18 State of Maryland, the Secretary of the Commonwealth of 

19 Virginia, and the Secretary of the District of Columbia in 

20 accordance with the laws of each jurisdiction. One copy 

21 shall be filed and retained in the archives of the Commission 

22 upon its organization. This MSC Compact shall become ef23 fective upon the enactment of concurring legislation by the 

24 District of Columbia, the Commonwealth of Virginia, and 

25 the State of Maryland, and consent thereto by Congress and 


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1 when all other acts or actions have been taken, including, 

2 without limitation, the signing and execution of this MSC 

3 Compact by the Governors of Maryland and Virginia and 

4 the Mayor of the District of Columbia. 

5 ‘‘N. Conflict of Laws 

6 ‘‘60. Any conflict between any authority granted here7 in, or the exercise of such authority, and the provisions of 

8 the WMATA Compact shall be resolved in favor of the exer9 cise of such authority by the Commission. 

10 ‘‘61. All other general or special laws inconsistent with 

11 this MSC Compact are hereby declared to be inapplicable 

12 to the Commission or its activities.’’. 

13 RIGHT TO ALTER, AMEND, OR REPEAL

14 SEC. 2. The right to alter, amend, or repeal this joint 

15 resolution is expressly reserved. The consent granted by this 

16 joint resolution shall not be construed as impairing or in 

17 any manner affecting any right or jurisdiction of the 

18 United States in and over the region that forms the subject 

19 of the Compact. 

20 CONSTRUCTION AND SEVERABILITY

21 SEC. 3. It is intended that the provisions of this Com22 pact shall be reasonably and liberally construed to effectuate 

23 the purposes thereof. If any part or application of this Com24 pact, or legislation enabling the Compact, is held invalid, 

25 the remainder of the Compact or its application to other 

26 situations or persons shall not be affected. 


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1 INCONSISTENCY OF LANGUAGE

2 SEC. 4. The validity of this Compact shall not be af3 fected by any insubstantial differences in its form or lan4 guage as adopted by the State of Maryland, the Common5 wealth of Virginia, and the District of Columbia. 

6 EFFECTIVE DATE

7 SEC. 5. This joint resolution shall take effect on the 

8 date of enactment of this joint resolution. 


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Union Calendar No. 162 

115TH CONGRESS 

1ST SESSION H. J. RES. 76 

[Report No. 115–227] 

JOINT RESOLUTION 

Granting the consent and approval of Congress for 

mission. ment of the Washington Metrorail Safety Comenter into a compact relating to the establishMaryland, and the District of Columbia to a the Commonwealth of Virginia, the State of 

JULY 17, 2017 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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