IA 
115TH CONGRESS 
1ST SESSION 
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 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 
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. 
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; 
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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 
the safety oversight of the Washington Metropolitan Area 
Transit Authority Metrorail system (known as the Metro-
rail Safety Commission Interstate Compact), which has 
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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 
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; 
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‘‘(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; 
‘‘(k) ‘Washington Metropolitan Area Transit 
Authority’ or ‘WMATA’ is the entity created by the 
WMATA Compact, which entity is responsible for 
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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 
‘‘(f) Meet other requirements of federal and 
State law relating to safety oversight of the 
WMATA Rail System. 
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‘‘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. 
‘‘9. Members and Alternate Members shall have back-
grounds in transit safety, transportation, relevant engi-
neering disciplines, or public finance. 
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‘‘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. 
‘‘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-
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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 
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 Con-
stitution 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 
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‘‘18. The Board shall provide for its own organization 
and procedure. Meetings of the Board shall be held as fre-
quently 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 trans-
actions 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 rea-
sonable 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 Signa-
tory. 
‘‘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 
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issued under 49 U.S.C. § 5329, as they may be revised 
from time to time, which, among other things, places ap-
propriate separation between Members, officers, employ-
ees, contractors, and agents of the Commission and 
WMATA. 
‘‘24. The Commission shall adopt and utilize its own 
administrative procedure and procurement policies in con-
formance 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 Chair-
man, 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 compensa-
tion 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 certifi-
cations. 
‘‘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 
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regular, part-time, or as-needed basis as it determines nec-
essary or desirable for the discharge of its duties. 
‘‘28. The Commission shall not be bound by any stat-
ute 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 fed-
eral 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 con-
sistent with the laws of the Signatories. 
‘‘29. The Board may fix and provide policies for the 
qualification, appointment, removal, term, tenure, com-
pensation 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: 
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‘‘(a) Adopt, revise, and distribute a written State 
Safety Oversight Program; 
‘‘(b) Review, approve, oversee, and enforce the adop-
tion and implementation of WMATA’s Public Transpor-
tation 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. 
‘‘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 per-
sonnel 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; 
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‘‘(b) Enter upon the WMATA Rail System and, upon 
reasonable notice and a finding by the chief executive offi-
cer that a need exists, upon any lands, waters, and prem-
ises adjacent to the WMATA Rail System, including, with-
out limitation, property owned or occupied by the federal 
government, for the purpose of making inspections, inves-
tigations, 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 Correc-
tive 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 com-
petent 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; 
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‘‘(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 dic-
tated 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 Gen-
eral, created under WMATA Board Resolution 2006–18, 
or any successor WMATA office or organization having 
similar duties, to conduct safety-related audits or inves-
tigations 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 
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‘‘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 po-
sitions (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 re-
sponsible for safety oversight, be qualified to perform such 
functions through appropriate training, including, without 
limitation, successful completion of the Public Transpor-
tation Safety Certification Training Program; 
‘‘(e) Contract for or employ consulting attorneys, in-
spectors, 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 
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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 proce-
dures governing the regulation of its affairs; 
‘‘(j) Appoint one or more advisory committees; and 
‘‘(k) Do such other acts necessary or desirable for 
the performance of its duties and the execution of its pow-
ers under this MSC Compact. 
‘‘34. Consistent with this MSC Compact, the Com-
mission 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 annu-
ally a status report on the safety of the WMATA Rail Sys-
tem, which shall include, among other requirements estab-
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lished by the Commission and federal law, status updates 
of outstanding Corrective Action Plans, Commission direc-
tives, and on-going investigations. A copy of each such re-
port 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 Colum-
bia; 
‘‘(c) The Chairman of the Council of the Dis-
trict 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 dis-
tribute such other safety reports that it deems necessary 
or desirable. 
‘‘B. Annual Report of Operations 
‘‘37. The Commission shall make and publish an an-
nual report on its programs, operations, and finances, 
which shall be distributed in the same manner provided 
by section 35. 
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‘‘38. The Commission may also prepare, publish, and 
distribute such other public reports and informational ma-
terials 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 audit-
ing 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 in-
formation 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 ade-
quate funding levels for the Commission and make equal 
contributions of such funding, subject to annual appro-
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priation, 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 re-
ceipts, 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 Con-
gress pursuant to the District of Columbia Home Rule 
Act, approved December 24, 1973 (87 Stat. 774; D.C. Of-
ficial 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. 
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Official Code §§ 47–105 and 47–355.01 to 355.08 (collec-
tively, the ‘Anti-Deficiency Acts’), the District cannot obli-
gate itself to any financial commitment in any present or 
future year unless the necessary funds to pay that commit-
ment have been appropriated and are lawfully available 
for the purpose committed. Thus, pursuant to the Anti- 
Deficiency Acts, nothing in the MSC Compact creates an 
obligation of the District in anticipation of an appropria-
tion 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 peo-
ple 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, and as the activi-
ties associated with this MSC Compact shall constitute the 
performance of essential governmental functions, the 
Commission shall not be required to pay any taxes or as-
sessments 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 
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