IIA 
115TH CONGRESS 
1ST SESSION 
H. J. RES. 76 
IN THE SENATE OF THE UNITED STATES 
AUGUST 4, 2017 
Received 
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 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: Now, therefore, 
be it 
Resolved by the Senate and House of Representatives
of the United States of America in Congress assembled, 
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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, sub-
stantially 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; 
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‘‘(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 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; 
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‘‘(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 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. 
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‘‘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 
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; 
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‘‘(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 
‘‘(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. 
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‘‘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. 
‘‘9. Members and Alternate Members shall have back-
grounds in transit safety, transportation, relevant engi-
neering disciplines, or public finance. 
‘‘10. No Member or Alternate Member shall simulta-
neously hold an elected public office, serve on the WMATA 
board of directors, be employed by WMATA, or be a con-
tractor 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. 
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‘‘12. Any person appointed to fill a vacancy shall 
serve for the unexpired term. 
‘‘13. Members and Alternate Members shall be enti-
tled to reimbursement for reasonable and necessary ex-
penses and shall be compensated for each day spent meet-
ing on the business of the Commission at a rate of $200 
per day or at such other rate as may be adjusted in appro-
priations approved by all of the Signatories. 
‘‘14. A Member or an Alternate Member may be re-
moved or suspended from office only for cause in accord-
ance with the laws of such Member’s or Alternate Mem-
ber’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 Mem-
bers pursuant to section 8. 
‘‘16. The Commission action shall become effective 
upon enactment unless otherwise provided for by the Com-
mission. 
‘‘D. Oath of Office 
‘‘17. Before entering office, each Member and Alter-
nate Member shall take and subscribe to the following 
oath (or affirmation) of office or any such other oath or 
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