HJ 76 RDS 
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 
‘‘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. 
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‘‘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 
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. 
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‘‘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 
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 
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on merit and fitness and, subject to eligibility, participate 
in the pension, retirement, and worker’s compensation 
plans of any Signatory or agency or political subdivision 
thereof. 
‘‘ARTICLE IV 
‘‘POWERS 
‘‘A. Safety Oversight Powers 
‘‘30. In carrying out its purposes, the Commission, 
through its Board or designated employees or agents, 
shall, consistent with federal law: 
‘‘(a) Adopt, revise, and distribute a written State 
Safety Oversight Program; 
‘‘(b) Review, approve, oversee, and enforce the 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. 
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‘‘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; 
‘‘(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: 
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