H. J. Res. 76 
One Hundred Fifteenth Congress 
of the 
United States of America 
AT THE FIRST SESSION 
Begun and held at the City of Washington on Tuesday, 
the third day of January, two thousand and seventeen 
Joint Resolution 
Granting the consent and approval of Congress for the Commonwealth 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. 
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 pros-
perity of the National Capital region; 
Whereas the Tri-State Oversight Committee, created by a memo-
randum of understanding amongst these 3 jurisdictions, has pro-
vided 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 Metro-
rail 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, com-
merce, and prosperity: Now, therefore, be it 
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, 
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 Inter-
state Compact), which has been negotiated by representatives of 
the State, the Commonwealth, and the District, substantially as 
follows:
H. J. Res. 76—2 
‘‘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 Metrorail 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 there-
under, 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 fed-
eral laws and regulations, for federal and state employees, 
or other designated personnel, who conduct safety audits and 
examinations of public transportation systems, and employees 
of public transportation agencies directly responsible for safety 
oversight; 
‘‘(h) ‘Safety Sensitive Position’ means any position held 
by a WMATA employee or contractor designated 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 Common-
wealth 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 transportation system services; 
‘‘(l) ‘WMATA Compact’ means the Washington Metropolitan 
Area Transit Authority Compact, approved November 6, 1966 
(80 Stat. 1324; D.C. Official 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.
H. J. Res. 76—3 
‘‘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 regulatory and enforcement 
authority over the WMATA Rail System and shall act as the state 
safety oversight authority 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 common agency of each Signa-
tory, empowered in the manner hereinafter set forth to review, 
approve, oversee, and enforce the safety of the WMATA Rail System, 
including, without limitation, to: 
‘‘(a) Have exclusive safety oversight authority and responsi-
bility over the WMATA Rail System pursuant to federal law, 
including, without limitation, 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 accidents on the 
WMATA Rail System; 
‘‘(e) Require, review, approve, oversee, and enforce Correc-
tive 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 instrumentality 
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 Member 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 Alternate Member’s appointing 
jurisdiction and, in such instances, may cast a single vote.
H. J. Res. 76—4 
‘‘9. Members and Alternate Members shall have backgrounds 
in transit safety, transportation, relevant engineering disciplines, 
or public finance. 
‘‘10. No Member or Alternate Member shall simultaneously 
hold an elected public office, serve on the WMATA board of direc-
tors, be employed by WMATA, or be a contractor 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 entitled to 
reimbursement for reasonable and necessary expenses and shall 
be compensated for each day spent meeting on the business of 
the Commission at a rate of $200 per day or at such other rate 
as may be adjusted in appropriations approved by all of the Signato-
ries. 
‘‘14. A Member or an Alternate Member may be removed or 
suspended from office only for cause in accordance with the laws 
of such Member’s or Alternate Member’s appointing jurisdiction. 
‘‘C. Quorum and Actions of the Board 
‘‘15. Four Members shall constitute a quorum, and the affirma-
tive 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 Members pursuant to section 8. 
‘‘16. The Commission action shall become effective upon enact-
ment unless otherwise provided for by the Commission. 
‘‘D. Oath of Office 
‘‘17. Before entering office, each Member and Alternate 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 Constitution 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 frequently 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 transactions 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 reasonable 
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.
H. J. Res. 76—5 
‘‘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 Signatory. 
‘‘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 appropriate separation between Members, offi-
cers, employees, contractors, and agents of the Commission and 
WMATA. 
‘‘24. The Commission shall adopt and utilize its own administra-
tive procedure and procurement policies in conformance 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 Chairman, Sec-
retary, 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 compensation and 
benefits of a chief executive officer who shall be the chief adminis-
trative officer of the Commission and who shall have expertise 
in transportation safety and one or more industry-recognized 
transportation safety certifications. 
‘‘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 necessary or desirable for the discharge of its 
duties. 
‘‘28. The Commission shall not be bound by any statute 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 federal law. The MSC shall, how-
ever, consider the laws of the Signatories in devising its employment 
and discharge policies, and when it deems it practical, devise poli-
cies consistent with the laws of the Signatories. 
‘‘29. The Board may fix and provide policies for the qualification, 
appointment, 
removal, 
term, 
tenure, 
compensation 
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 com-
pensation 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:
H. J. Res. 76—6 
‘‘(a) Adopt, revise, and distribute a written State Safety Over-
sight Program; 
‘‘(b) Review, approve, oversee, and enforce the adoption and 
implementation of WMATA’s Public Transportation 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, investiga-
tions, examinations, and testing of WMATA personnel and contrac-
tors, 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 officer that a need 
exists, upon any lands, waters, and premises adjacent to the 
WMATA Rail System, including, without limitation, property owned 
or occupied by the federal government, for the purpose of making 
inspections, investigations, 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 Corrective 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 competent 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; 
‘‘(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 dictated 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 General, created 
under WMATA Board Resolution 2006–18, or any successor 
WMATA office or organization having similar duties, to conduct 
safety-related audits or investigations 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.
H. J. Res. 76—7 
‘‘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 appro-
priate federal and State governmental authorities. 
‘‘B. General Powers 
‘‘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 positions 
(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 responsible for safety oversight, be 
qualified to perform such functions through appropriate training, 
including, without limitation, successful completion of the Public 
Transportation Safety Certification Training Program; 
‘‘(e) Contract for or employ consulting attorneys, inspectors, 
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 its duties and in 
the execution of the powers granted under this MSC Compact; 
‘‘(g) Apply for, receive, and accept such payments, appropria-
tions, 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 procedures gov-
erning the regulation of its affairs; 
‘‘(j) Appoint one or more advisory committees; and 
‘‘(k) Do such other acts necessary or desirable for the perform-
ance of its duties and the execution of its powers under this MSC 
Compact. 
‘‘34. Consistent with this MSC Compact, the Commission 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 annually a status 
report on the safety of the WMATA Rail System, which shall 
include, among other requirements established by the Commission 
and federal law, status updates of outstanding Corrective Action 
Plans, Commission directives, and on-going investigations. A copy 
of each such report shall be provided to: 
‘‘(a) The Administrator of the Federal Transit Administra-
tion;
H. J. Res. 76—8 
‘‘(b) The Governor of Virginia, the Governor of Maryland, 
and the Mayor of the District of Columbia; 
‘‘(c) The Chairman of the Council of the District 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 distribute such 
other safety reports that it deems necessary or desirable. 
‘‘B. Annual Report of Operations 
‘‘37. The Commission shall make and publish an annual report 
on its programs, operations, and finances, which shall be distributed 
in the same manner provided by section 35. 
‘‘38. The Commission may also prepare, publish, and distribute 
such other public reports and informational materials 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 
auditing principles and shall be distributed in the same manner 
provided by section 35. Members, employees, agents, and contrac-
tors of the Commission shall provide access to information necessary 
or desirable for the conduct of the annual audit. 
‘‘D. Financing 
‘‘40. The Commission’s operations shall be funded, independ-
ently of WMATA, by the Signatory jurisdictions and, when avail-
able, by federal funds. The Commission shall have no authority 
to levy taxes. 
‘‘41. The Signatories shall unanimously agree on adequate 
funding levels for the Commission and make equal contributions 
of such funding, subject to annual appropriation, 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 receipts, or as otherwise 
set forth in the appropriations budget approved by all of the Signato-
ries, 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; pro-
vided, that any such commitment or obligation shall be approved 
by Congress pursuant to the District of Columbia Home Rule Act,
H. J. Res. 76—9 
approved December 24, 1973 (87 Stat. 774; D.C. Official 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. Official Code §§ 47– 
105 and 47–355.01 to 355.08 (collectively, the ‘Anti-Deficiency Acts’), 
the District cannot obligate itself to any financial commitment 
in any present or future year unless the necessary funds to pay 
that commitment 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 appropriation 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 people of the District 
of Columbia, the Commonwealth of Virginia, and the State of Mary-
land and for the increase of their safety, commerce, and prosperity, 
and as the activities associated with this MSC Compact shall con-
stitute the performance of essential governmental functions, the 
Commission shall not be required to pay any taxes or assessments 
upon the services or any property acquired or used by the Commis-
sion under the provisions of this MSC Compact or upon the income 
therefrom, and shall at all times be free from taxation within 
the District of Columbia, the Commonwealth of Virginia, and the 
State of Maryland. 
‘‘F. Reconsideration of Commission Orders 
‘‘46. WMATA shall have the right to petition the Commission 
for reconsideration of an order based on rules and procedures devel-
oped by the Commission. 
‘‘47. Consistent with section 16, the filing of a petition for 
reconsideration shall not act as a stay upon the execution of a 
Commission order, or any part of it, unless the Commission orders 
otherwise. WMATA may appeal any adverse action on a petition 
for reconsideration as set forth in section 48. 
‘‘G. Judicial Matters 
‘‘48. The United States District Court for the Eastern District 
of Virginia, Alexandria Division, the United States District Court 
for the District of Maryland, Southern Division, and the United 
States District Court for the District of Columbia shall have exclu-
sive and original jurisdiction of all actions brought by or against 
the Commission and to enforce subpoenas under this MSC Compact. 
‘‘49. The commencement of a judicial proceeding shall not 
operate as a stay of a Commission order unless specifically ordered 
by the court. 
‘‘H. Liability and Indemnification 
‘‘50. The Commission and its Members, Alternate Members, 
officers, agents, employees, or representatives shall not be liable 
for suit or action or for any judgment or decree for damages, 
loss, or injury resulting from action taken within the scope of 
their employment or duties under this MSC Compact, nor required 
in any case arising or any appeal taken under this MSC Compact 
to give a supersedeas bond or security for damages. Nothing in 
this paragraph shall be construed to protect such person from