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 Com-
monwealth 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 Author-
ity, an interstate compact agency of the District of Co-
lumbia, 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 jurisdic-
tions, 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 Vir-
ginia, and the State of Maryland intend to create a 
Washington Metrorail Safety Commission to act as the 
state safety oversight authority for the Washington Met-
ropolitan 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 Vir-
ginia, and the State of Maryland and for the increase of 
their safety, commerce, and prosperity. 
Resolved by the Senate and House of Representatives
of the United States of America in Congress assembled, 
That 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 
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the safety oversight of the Washington Metropolitan Area 
Transit Authority Metrorail system (known as the Metro-
rail Safety Commission Interstate Compact), which has 
been negotiated by representatives of the State, the Com-
monwealth, 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 Met-
rorail 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 
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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 regula-
tions, for federal and state employees, or other des-
ignated personnel, who conduct safety audits and ex-
aminations of public transportation systems, and 
employees of public transportation agencies directly 
responsible for safety oversight; 
‘‘(h) ‘Safety Sensitive Position’ means any posi-
tion held by a WMATA employee or contractor des-
ignated 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; 
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‘‘(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 trans-
portation system services; 
‘‘(l) ‘WMATA Compact’ means the Washington 
Metropolitan Area Transit Authority Compact, ap-
proved November 6, 1966 (80 Stat. 1324; D.C. Offi-
cial 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 regu-
latory and enforcement authority over the WMATA Rail 
System and shall act as the state safety oversight author-
ity for WMATA under 49 U.S.C. § 5329, as may be 
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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 com-
mon agency of each Signatory, empowered in the manner 
hereinafter set forth to review, approve, oversee, and en-
force the safety of the WMATA Rail System, including, 
without limitation, to: 
‘‘(a) Have exclusive safety oversight authority 
and responsibility over the WMATA Rail System 
pursuant to federal law, including, without limita-
tion, 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 acci-
dents on the WMATA Rail System; 
‘‘(e) Require, review, approve, oversee, and en-
force Corrective Action Plans developed by WMATA; 
and 
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‘‘(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 instru-
mentality 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 Mem-
ber 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 Al-
ternate Member’s appointing jurisdiction and, in such in-
stances, may cast a single vote. 
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