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‘‘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. 
‘‘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. 
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‘‘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. 
‘‘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, 
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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 
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 
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‘‘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. 
‘‘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 
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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: 
‘‘(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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times be free from taxation within the District of Colum-
bia, 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 developed by the Commission. 
‘‘47. Consistent with section 16, the filing of a peti-
tion 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 East-
ern District of Virginia, Alexandria Division, the United 
States District Court for the District of Maryland, South-
ern Division, and the United States District Court for the 
District of Columbia shall have exclusive and original ju-
risdiction of all actions brought by or against the Commis-
sion 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 
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‘‘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 
suit or liability for damage, loss, injury, or liability caused 
by the intentional or willful and wanton misconduct of 
such person. 
‘‘51. The Commission shall be liable for its contracts 
and for its torts and those of its Members, Alternate Mem-
bers, officers, agents, employees, and representatives com-
mitted in the conduct of any proprietary function, in ac-
cordance with the law of the applicable Signatory (includ-
ing, without limitation, rules on conflict of laws) but shall 
not be liable for any torts occurring in the performance 
of a governmental function. The exclusive remedy for such 
breach of contract or tort for which the Commission shall 
be liable, as herein provided, shall be by suit against the 
Commission. Nothing contained in this MSC Compact 
shall be construed as a waiver by the District of Columbia, 
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the Commonwealth of Virginia, or the State of Maryland 
of any immunity from suit. 
‘‘I. Commitment of Parties 
‘‘52. Each of the Signatories pledges to each other 
faithful cooperation in providing safety oversight for the 
WMATA Rail System, and, to affect such purposes, agrees 
to consider in good faith and request any necessary legisla-
tion to achieve the objectives of this MSC Compact. 
‘‘J. Amendments and Supplements 
‘‘53. Amendments and supplements to this MSC 
Compact shall be adopted by legislative action of each of 
the Signatories and the consent of Congress. When one 
Signatory adopts an amendment or supplement to an ex-
isting section of this MSC Compact, that amendment or 
supplement shall not be immediately effective, and the pre-
viously enacted provision or provisions shall remain in ef-
fect in each jurisdiction until the amendment or supple-
ment is approved by the other Signatories and is con-
sented to by Congress. 
‘‘K. Withdrawal and Termination 
‘‘54. Any Signatory may withdraw from this MSC 
Compact, which action shall constitute a termination of 
this MSC Compact. 
‘‘55. Withdrawal from this MSC Compact shall be by 
a Signatory’s repeal of this MSC Compact from its laws, 
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but such repeal shall not take effect until 2 years after 
the effective date of the repealed statute and written no-
tice of the withdrawal being given by the withdrawing Sig-
natory to the governors or mayor, as appropriate, of the 
other Signatories. 
‘‘56. Prior to termination of this MSC Compact, the 
Commission shall provide each Signatory: 
‘‘(a) A mechanism for concluding the operations 
of the Commission; 
‘‘(b) A proposal to maintain state safety over-
sight of the WMATA Rail System in compliance 
with applicable federal law; 
‘‘(c) A plan to hold surplus funds in a trust for 
a successor regulatory entity for 4 years after the 
termination of this MSC Compact; and 
‘‘(d) A plan to return any surplus funds that 
remain 4 years after the creation of the trust. 
‘‘L. Construction and Severability 
‘‘57. This MSC Compact shall be liberally construed 
to effectuate the purposes for which it is created. 
‘‘58. If any part or provision of this MSC Compact 
or the application thereof to any person or circumstances 
be adjudged invalid by any court of competent jurisdiction, 
such judgment shall be confined in its operation to the 
part, provision, or application directly involved in the con-
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troversy in which such judgment shall have been rendered 
and shall not affect or impair the validity of the remainder 
of this MSC Compact or the application thereof to other 
persons or circumstances, and the Signatories hereby de-
clare that they would have entered into this MSC Compact 
or the remainder thereof had the invalidity of such provi-
sion or application thereof been apparent. 
‘‘M. Adoption; Effective Date 
‘‘59. This MSC Compact shall be adopted by the Sig-
natories in the manner provided by law therefor and shall 
be signed and sealed in 4 duplicate original copies. One 
such copy shall be filed with the Secretary of State of the 
State of Maryland, the Secretary of the Commonwealth 
of Virginia, and the Secretary of the District of Columbia 
in accordance with the laws of each jurisdiction. One copy 
shall be filed and retained in the archives of the Commis-
sion upon its organization. This MSC Compact shall be-
come effective upon the enactment of concurring legisla-
tion by the District of Columbia, the Commonwealth of 
Virginia, and the State of Maryland, and consent thereto 
by Congress and when all other acts or actions have been 
taken, including, without limitation, the signing and exe-
cution of this MSC Compact by the Governors of Mary-
land and Virginia and the Mayor of the District of Colum-
bia. 
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‘‘N. Conflict of Laws 
‘‘60. Any conflict between any authority granted 
herein, or the exercise of such authority, and the provi-
sions of the WMATA Compact shall be resolved in favor 
of the exercise of such authority by the Commission. 
‘‘61. All other general or special laws inconsistent 
with this MSC Compact are hereby declared to be inappli-
cable to the Commission or its activities.’’. 
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 Metro-
politan 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, substantially as fol-
lows: 
‘‘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 
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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 Metro-
rail 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; 
‘‘(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 em-
ployees of public transportation agencies directly re-
sponsible for safety oversight; 
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‘‘(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 Au-
thority’ 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 
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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 authority 
for WMATA under 49 U.S.C. § 5329, as may be amended 
from time to time. WMATA shall be subject to the Commis-
sion’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 Sys-
tem, pursuant to the mandate of federal law, as a common 
agency of each Signatory, empowered in the manner herein-
after set forth to review, approve, oversee, and enforce the 
safety of the WMATA Rail System, including, without limi-
tation, 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 
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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. 
‘‘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 
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‘‘6. The Commission shall be governed by a Board of 
6 Members with 2 Members appointed or reappointed (in-
cluding to fill an unexpired term) by each Signatory pursu-
ant 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 Mem-
bers appointed from the same jurisdiction as the Alternate 
Member’s appointing jurisdiction and, in such instances, 
may cast a single vote. 
‘‘9. Members and Alternate Members shall have back-
grounds in transit safety, transportation, relevant engineer-
ing 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 appoint-
ments as follows: 
‘‘(a) One Member shall be appointed for a 4-year 
term; 
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‘‘(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 Signatories. 
‘‘14. A Member or an Alternate Member may be re-
moved or suspended from office only for cause in accordance 
with the laws of such Member’s or Alternate Member’s ap-
pointing 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 para-
graph may be met with one or more Alternate Members pur-
suant to section 8. 
‘‘16. The Commission action shall become effective 
upon enactment unless otherwise provided for by the Com-
mission. 
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‘‘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 rep-
resents 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 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 transactions 
and internal affairs, including, without limitation, policies 
regarding records retention that are not in conflict with ap-
plicable federal record retention laws. 
‘‘19. The Commission shall keep commercially reason-
able records of its financial transactions in accordance with 
accounting principles generally accepted in the United 
States of America. 
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‘‘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 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, officers, employees, contrac-
tors, 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, 
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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 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 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 federal 
law. The MSC shall, however, consider the laws of the Sig-
natories in devising its employment and discharge policies, 
and when it deems it practical, devise policies consistent 
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 re-
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tirement 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: 
‘‘(a) Adopt, revise, and distribute a written State Safe-
ty Oversight 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 
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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, in-
vestigations, examinations, and testing of WMATA per-
sonnel and contractors, property, equipment, facilities, roll-
ing stock, and operations of the WMATA Rail System, in-
cluding, 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 gov-
ernment, for the purpose of making inspections, investiga-
tions, examinations, and testing as the Commission may 
deem necessary to carry out the purposes of this MSC Com-
pact, 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 
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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 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 General, 
created under WMATA Board Resolution 2006–18, or any 
successor WMATA office or organization having similar du-
ties, to conduct safety-related audits or investigations and 
to provide its findings to the Commission; and 
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‘‘(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 vot-
ing. The Commission shall coordinate its enforcement ac-
tivities with appropriate 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 posi-
tions (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 
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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 de-
sirable 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, ap-
propriations, 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 limita-
tions 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 powers 
under this MSC Compact. 
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‘‘34. Consistent with this MSC Compact, the Commis-
sion 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 out-
standing 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 
Administration; 
‘‘(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. 
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‘‘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. 
‘‘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 auditing 
principles and shall be distributed in the same manner pro-
vided by section 35. Members, employees, agents, and con-
tractors of the Commission shall provide access to informa-
tion necessary or desirable for the conduct of the annual 
audit. 
‘‘D. Financing 
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‘‘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 appropria-
tion, 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 ap-
proved by all of the Signatories, from any lawful lending 
institution for any purpose of this MSC Compact, includ-
ing, 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 com-
mitment 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 
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of Columbia shall determine; provided, that any such com-
mitment or obligation shall be approved by Congress pursu-
ant to the District of Columbia Home Rule Act, 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. Offi-
cial 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 Maryland and for the increase of their 
safety, commerce, and prosperity, and as the activities asso-
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ciated with this MSC Compact shall constitute the perform-
ance 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 Com-
mission 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 Common-
wealth of Virginia, and the State of Maryland. 
‘‘F. Reconsideration of Commission Orders 
‘‘46. WMATA shall have the right to petition the Com-
mission for reconsideration of an order based on rules and 
procedures developed by the Commission. 
‘‘47. Consistent with section 16, the filing of a petition 
for reconsideration shall not act as a stay upon the execu-
tion of a Commission order, or any part of it, unless the 
Commission orders otherwise. WMATA may appeal any ad-
verse 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 Divi-
sion, and the United States District Court for the District 
of Columbia shall have exclusive and original jurisdiction 
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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 specifi-
cally 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 super-
sedeas bond or security for damages. Nothing in this para-
graph shall be construed to protect such person from suit 
or liability for damage, loss, injury, or liability caused by 
the intentional or willful and wanton misconduct of such 
person. 
‘‘51. The Commission shall be liable for its contracts 
and for its torts and those of its Members, Alternate Mem-
bers, officers, agents, employees, and representatives com-
mitted in the conduct of any proprietary function, in ac-
cordance with the law of the applicable Signatory (includ-
ing, without limitation, rules on conflict of laws) but shall 
not be liable for any torts occurring in the performance of 
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a governmental function. The exclusive remedy for such 
breach of contract or tort for which the Commission shall 
be liable, as herein provided, shall be by suit against the 
Commission. Nothing contained in this MSC Compact shall 
be construed as a waiver by the District of Columbia, the 
Commonwealth of Virginia, or the State of Maryland of any 
immunity from suit. 
‘‘I. Commitment of Parties 
‘‘52. Each of the Signatories pledges to each other 
faithful cooperation in providing safety oversight for the 
WMATA Rail System, and, to affect such purposes, agrees 
to consider in good faith and request any necessary legisla-
tion to achieve the objectives of this MSC Compact. 
‘‘J. Amendments and Supplements 
‘‘53. Amendments and supplements to this MSC Com-
pact shall be adopted by legislative action of each of the 
Signatories and the consent of Congress. When one Signa-
tory adopts an amendment or supplement to an existing 
section of this MSC Compact, that amendment or supple-
ment shall not be immediately effective, and the previously 
enacted provision or provisions shall remain in effect in 
each jurisdiction until the amendment or supplement is ap-
proved by the other Signatories and is consented to by Con-
gress. 
‘‘K. Withdrawal and Termination 
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‘‘54. Any Signatory may withdraw from this MSC 
Compact, which action shall constitute a termination of this 
MSC Compact. 
‘‘55. Withdrawal from this MSC Compact shall be by 
a Signatory’s repeal of this MSC Compact from its laws, 
but such repeal shall not take effect until 2 years after the 
effective date of the repealed statute and written notice of 
the withdrawal being given by the withdrawing Signatory 
to the governors or mayor, as appropriate, of the other Sig-
natories. 
‘‘56. Prior to termination of this MSC Compact, the 
Commission shall provide each Signatory: 
‘‘(a) A mechanism for concluding the operations 
of the Commission; 
‘‘(b) A proposal to maintain state safety over-
sight of the WMATA Rail System in compliance with 
applicable federal law; 
‘‘(c) A plan to hold surplus funds in a trust for 
a successor regulatory entity for 4 years after the ter-
mination of this MSC Compact; and 
‘‘(d) A plan to return any surplus funds that re-
main 4 years after the creation of the trust. 
‘‘L. Construction and Severability 
‘‘57. This MSC Compact shall be liberally construed 
to effectuate the purposes for which it is created. 
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‘‘58. If any part or provision of this MSC Compact 
or the application thereof to any person or circumstances 
be adjudged invalid by any court of competent jurisdiction, 
such judgment shall be confined in its operation to the part, 
provision, or application directly involved in the con-
troversy in which such judgment shall have been rendered 
and shall not affect or impair the validity of the remainder 
of this MSC Compact or the application thereof to other 
persons or circumstances, and the Signatories hereby de-
clare that they would have entered into this MSC Compact 
or the remainder thereof had the invalidity of such provi-
sion or application thereof been apparent. 
‘‘M. Adoption; Effective Date 
‘‘59. This MSC Compact shall be adopted by the Sig-
natories in the manner provided by law therefor and shall 
be signed and sealed in 4 duplicate original copies. One 
such copy shall be filed with the Secretary of State of the 
State of Maryland, the Secretary of the Commonwealth of 
Virginia, and the Secretary of the District of Columbia in 
accordance with the laws of each jurisdiction. One copy 
shall be filed and retained in the archives of the Commission 
upon its organization. This MSC Compact shall become ef-
fective upon the enactment of concurring legislation by the 
District of Columbia, the Commonwealth of Virginia, and 
the State of Maryland, and consent thereto by Congress and 
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when all other acts or actions have been taken, including, 
without limitation, the signing and execution of this MSC 
Compact by the Governors of Maryland and Virginia and 
the Mayor of the District of Columbia. 
‘‘N. Conflict of Laws 
‘‘60. Any conflict between any authority granted here-
in, or the exercise of such authority, and the provisions of 
the WMATA Compact shall be resolved in favor of the exer-
cise of such authority by the Commission. 
‘‘61. All other general or special laws inconsistent with 
this MSC Compact are hereby declared to be inapplicable 
to the Commission or its activities.’’. 
RIGHT TO ALTER, AMEND, OR REPEAL 
SEC. 2. The right to alter, amend, or repeal this joint 
resolution is expressly reserved. The consent granted by this 
joint resolution shall not be construed as impairing or in 
any manner affecting any right or jurisdiction of the 
United States in and over the region that forms the subject 
of the Compact. 
CONSTRUCTION AND SEVERABILITY 
SEC. 3. It is intended that the provisions of this Com-
pact shall be reasonably and liberally construed to effectuate 
the purposes thereof. If any part or application of this Com-
pact, or legislation enabling the Compact, is held invalid, 
the remainder of the Compact or its application to other 
situations or persons shall not be affected. 
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INCONSISTENCY OF LANGUAGE 
SEC. 4. The validity of this Compact shall not be af-
fected by any insubstantial differences in its form or lan-
guage as adopted by the State of Maryland, the Common-
wealth of Virginia, and the District of Columbia. 
EFFECTIVE DATE 
SEC. 5. This joint resolution shall take effect on the 
date of enactment of this joint resolution. 
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Union Calendar No. 162 
115TH CONGRESS 
1ST SESSION 
H. J. RES. 76 
[Report No. 115–227] 
JOINT RESOLUTION 
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 establish-
ment of the Washington Metrorail Safety Com-
mission. 
JULY 17, 2017 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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