[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 76 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 162
115th CONGRESS
  1st Session
H. J. RES. 76

                          [Report No. 115-227]

 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

                             July 17, 2017

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
[Strike out all after the resolving clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                            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 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 prosperity of the National 
        Capital region;
Whereas the Tri-State Oversight Committee, created by a memorandum of 
        understanding amongst these 3 jurisdictions, 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 Virginia, and the State of 
        Maryland intend to create a Washington Metrorail 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, 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 Metrorail Safety Commission 
Interstate Compact), which has been negotiated by representatives of 
the State, the Commonwealth, and the District, substantially as 
follows:

                     <DELETED>``ARTICLE I</DELETED>

                    <DELETED>``DEFINITIONS</DELETED>

<DELETED>    ``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. Sec.  5329, 
as they may be revised from time to time.</DELETED>
        <DELETED>    ``(a) `Alternate Member' means an alternate member 
        of the Board;</DELETED>
        <DELETED>    ``(b) `Board' means the board of directors of the 
        Commission;</DELETED>
        <DELETED>    ``(c) `Commission' means the Washington Metrorail 
        Safety Commission;</DELETED>
        <DELETED>    ``(d) `Member' means a member of the 
        Board;</DELETED>
        <DELETED>    ``(e) `MSC Compact' means this Washington 
        Metrorail Safety Commission Interstate Compact;</DELETED>
        <DELETED>    ``(f) `Public Transportation Agency Safety Plan' 
        means the comprehensive agency safety plan for a rail transit 
        agency required by 49 U.S.C. Sec.  5329 and the regulations 
        issued thereunder, as may be amended or revised from time to 
        time;</DELETED>
        <DELETED>    ``(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 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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(i) `Signatory' means the State of Maryland, the 
        Commonwealth of Virginia, and the District of 
        Columbia;</DELETED>
        <DELETED>    ``(j) `State', `state', or `jurisdiction' means 
        the District of Columbia, the State of Maryland, or the 
        Commonwealth of Virginia;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(l) `WMATA Compact' means the Washington 
        Metropolitan Area Transit Authority Compact, approved November 
        6, 1966 (80 Stat. 1324; D.C. Official Code Sec.  9-1107.01 et 
        seq.); and</DELETED>
        <DELETED>    ``(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.</DELETED>

                    <DELETED>``ARTICLE II</DELETED>

               <DELETED>``PURPOSE AND FUNCTIONS</DELETED>

<DELETED>    ``2. The Signatories to the WMATA Compact hereby adopt 
this MSC Compact pursuant to 49 U.S.C. Sec.  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. Sec.  5329, as may be 
amended from time to time. WMATA shall be subject to the Commission's 
rules, regulations, actions, and orders.</DELETED>
<DELETED>    ``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 Signatory, empowered 
in the manner hereinafter set forth to review, approve, oversee, and 
enforce the safety of the WMATA Rail System, including, without 
limitation, to:</DELETED>
        <DELETED>    ``(a) Have exclusive safety oversight authority 
        and responsibility 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;</DELETED>
        <DELETED>    ``(b) Develop and adopt a written state safety 
        oversight program standard;</DELETED>
        <DELETED>    ``(c) Review and approve the WMATA Public 
        Transportation Agency Safety Plan;</DELETED>
        <DELETED>    ``(d) Investigate hazards, incidents, and 
        accidents on the WMATA Rail System;</DELETED>
        <DELETED>    ``(e) Require, review, approve, oversee, and 
        enforce Corrective Action Plans developed by WMATA; 
        and</DELETED>
        <DELETED>    ``(f) Meet other requirements of federal and State 
        law relating to safety oversight of the WMATA Rail 
        System.</DELETED>

                    <DELETED>``ARTICLE III</DELETED>

          <DELETED>``ESTABLISHMENT AND ORGANIZATION</DELETED>

<DELETED>    ``A. Washington Metrorail Safety Commission</DELETED>
<DELETED>    ``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.</DELETED>
<DELETED>    ``5. The Commission shall be financially and legally 
independent from WMATA.</DELETED>
<DELETED>    ``B. Board Membership</DELETED>
<DELETED>    ``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.</DELETED>
<DELETED>    ``7. Each Signatory shall also appoint or reappoint 
(including to fill an unexpired term) one Alternate Member pursuant to 
the Signatory's applicable laws.</DELETED>
<DELETED>    ``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.</DELETED>
<DELETED>    ``9. Members and Alternate Members shall have backgrounds 
in transit safety, transportation, relevant engineering disciplines, or 
public finance.</DELETED>
<DELETED>    ``10. No Member or Alternate Member shall simultaneously 
hold an elected public office, serve on the WMATA board of directors, 
be employed by WMATA, or be a contractor to WMATA.</DELETED>
<DELETED>    ``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:</DELETED>
        <DELETED>    ``(a) One Member shall be appointed for a 4-year 
        term;</DELETED>
        <DELETED>    ``(b) One Member shall be appointed for a 2-year 
        term; and</DELETED>
        <DELETED>    ``(c) The Alternate Member shall be appointed for 
        a 3-year term.</DELETED>
<DELETED>    ``12. Any person appointed to fill a vacancy shall serve 
for the unexpired term.</DELETED>
<DELETED>    ``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.</DELETED>
<DELETED>    ``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.</DELETED>
<DELETED>    ``C. Quorum and Actions of the Board</DELETED>
<DELETED>    ``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 Members pursuant to section 8.</DELETED>
<DELETED>    ``16. The Commission action shall become effective upon 
enactment unless otherwise provided for by the Commission.</DELETED>
<DELETED>    ``D. Oath of Office</DELETED>
<DELETED>    ``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:</DELETED>
<DELETED>    ``I, ___________, 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.</DELETED>
<DELETED>    ``E. Organization and Procedure</DELETED>
<DELETED>    ``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.</DELETED>
<DELETED>    ``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.</DELETED>
<DELETED>    ``20. The Commission shall establish an office for the 
conduct of its affairs at a location to be determined by the 
Commission.</DELETED>
<DELETED>    ``21. The Commission shall adopt 5 U.S.C. Sec.  552(a)-(d) 
and (g), and 5 U.S.C. Sec.  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.</DELETED>
<DELETED>    ``22. Reports of investigations or inquiries adopted by 
the Board shall be made publicly available.</DELETED>
<DELETED>    ``23. The Commission shall adopt a policy on conflict of 
interest that shall be consistent with the regulations issued under 49 
U.S.C. Sec.  5329, as they may be revised from time to time, which, 
among other things, places appropriate separation between Members, 
officers, employees, contractors, and agents of the Commission and 
WMATA.</DELETED>
<DELETED>    ``24. The Commission shall adopt and utilize its own 
administrative 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.</DELETED>
<DELETED>    ``F. Officers and Employees</DELETED>
<DELETED>    ``25. The Board shall elect a Chairman, Vice Chairman, 
Secretary, and Treasurer from among its Members, each for a 2-year term 
and shall prescribe their powers and duties.</DELETED>
<DELETED>    ``26. The Board shall appoint and fix the compensation 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 certifications.</DELETED>
<DELETED>    ``27. Consistent with 49 U.S.C. Sec.  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.</DELETED>
<DELETED>    ``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, however, 
consider the laws of the Signatories in devising its employment and 
discharge policies, and when it deems it practical, devise policies 
consistent with the laws of the Signatories.</DELETED>
<DELETED>    ``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 
compensation plans of any Signatory or agency or political subdivision 
thereof.</DELETED>

                    <DELETED>``ARTICLE IV</DELETED>

                      <DELETED>``POWERS</DELETED>

<DELETED>    ``A. Safety Oversight Powers</DELETED>
<DELETED>    ``30. In carrying out its purposes, the Commission, 
through its Board or designated employees or agents, shall, consistent 
with federal law:</DELETED>
<DELETED>    ``(a) Adopt, revise, and distribute a written State Safety 
Oversight Program;</DELETED>
<DELETED>    ``(b) Review, approve, oversee, and enforce the adoption 
and implementation of WMATA's Public Transportation Agency Safety 
Plan;</DELETED>
<DELETED>    ``(c) Require, review, approve, oversee, and enforce the 
adoption and implementation of any Corrective Action Plans that the 
Commission deems appropriate;</DELETED>
<DELETED>    ``(d) Implement and enforce relevant federal and State 
laws and regulations relating to safety of the WMATA Rail System; 
and</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``31. In performing its duties, the Commission, through 
its Board or designated employees or agents, may:</DELETED>
<DELETED>    ``(a) Conduct, or cause to be conducted, inspections, 
investigations, examinations, and testing of WMATA personnel 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;</DELETED>
<DELETED>    ``(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;</DELETED>
<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(1) Taking legal action in a court of competent 
        jurisdiction;</DELETED>
        <DELETED>    ``(2) Issuing citations or fines with funds going 
        into an escrow account for spending by WMATA on Commission-
        directed safety measures;</DELETED>
        <DELETED>    ``(3) Directing WMATA to prioritize spending on 
        safety-critical items;</DELETED>
        <DELETED>    ``(4) Removing a specific vehicle, infrastructure 
        element, or hazard from the WMATA Rail System; and</DELETED>
        <DELETED>    ``(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;</DELETED>
<DELETED>    ``(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;</DELETED>
<DELETED>    ``(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</DELETED>
<DELETED>    ``(f) Take such other actions as the Commission may deem 
appropriate consistent with its purpose and powers.</DELETED>
<DELETED>    ``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.</DELETED>
<DELETED>    ``B. General Powers</DELETED>
<DELETED>    ``33. In addition to the powers and duties set forth 
above, the Commission may:</DELETED>
<DELETED>    ``(a) Sue and be sued;</DELETED>
<DELETED>    ``(b) Adopt, amend, and repeal rules and regulations 
respecting the exercise of the powers conferred by this MSC 
Compact;</DELETED>
<DELETED>    ``(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;</DELETED>
<DELETED>    ``(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;</DELETED>
<DELETED>    ``(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;</DELETED>
<DELETED>    ``(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;</DELETED>
<DELETED>    ``(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;</DELETED>
<DELETED>    ``(h) Adopt an official seal and alter the same at its 
pleasure;</DELETED>
<DELETED>    ``(i) Adopt and amend by-laws, policies, and procedures 
governing the regulation of its affairs;</DELETED>
<DELETED>    ``(j) Appoint one or more advisory committees; 
and</DELETED>
<DELETED>    ``(k) Do such other acts necessary or desirable for the 
performance of its duties and the execution of its powers under this 
MSC Compact.</DELETED>
<DELETED>    ``34. Consistent with this MSC Compact, the Commission 
shall promulgate rules and regulations to carry out the purposes of 
this MSC Compact.</DELETED>

                     <DELETED>``ARTICLE V</DELETED>

                <DELETED>``GENERAL PROVISIONS</DELETED>

<DELETED>    ``A. Annual Safety Report</DELETED>
<DELETED>    ``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:</DELETED>
        <DELETED>    ``(a) The Administrator of the Federal Transit 
        Administration;</DELETED>
        <DELETED>    ``(b) The Governor of Virginia, the Governor of 
        Maryland, and the Mayor of the District of Columbia;</DELETED>
        <DELETED>    ``(c) The Chairman of the Council of the District 
        of Columbia;</DELETED>
        <DELETED>    ``(d) The President of the Maryland Senate and the 
        Speaker of the Maryland House of Delegates;</DELETED>
        <DELETED>    ``(e) The President of the Virginia Senate and the 
        Speaker of the Virginia House of Delegates; and</DELETED>
        <DELETED>    ``(f) The General Manager and each member of the 
        board of directors of WMATA.</DELETED>
<DELETED>    ``36. The Commission may prepare, publish, and distribute 
such other safety reports that it deems necessary or 
desirable.</DELETED>
<DELETED>    ``B. Annual Report of Operations</DELETED>
<DELETED>    ``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.</DELETED>
<DELETED>    ``38. The Commission may also prepare, publish, and 
distribute such other public reports and informational materials as it 
deems necessary or desirable.</DELETED>
<DELETED>    ``C. Annual Independent Audit</DELETED>
<DELETED>    ``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 contractors of the 
Commission shall provide access to information necessary or desirable 
for the conduct of the annual audit.</DELETED>
<DELETED>    ``D. Financing</DELETED>
<DELETED>    ``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.</DELETED>
<DELETED>    ``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.</DELETED>
<DELETED>    ``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 
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.</DELETED>
<DELETED>    ``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 Congress pursuant to the District of Columbia Home Rule 
Act, approved December 24, 1973 (87 Stat. 774; D.C. Official Code Sec.  
1-201.01 et seq.).</DELETED>
<DELETED>    ``44. Pursuant to the requirements of 31 U.S.C. Sec. Sec.  
1341, 1342, 1349 to 1351, and 1511 to 1519, and D.C. Official Code 
Sec. Sec.  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.</DELETED>
<DELETED>    ``E. Tax Exemption</DELETED>
<DELETED>    ``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 associated with this MSC Compact 
shall constitute 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 Commission 
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.</DELETED>
<DELETED>    ``F. Reconsideration of Commission Orders</DELETED>
<DELETED>    ``46. WMATA shall have the right to petition the 
Commission for reconsideration of an order based on rules and 
procedures developed by the Commission.</DELETED>
<DELETED>    ``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.</DELETED>
<DELETED>    ``G. Judicial Matters</DELETED>
<DELETED>    ``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 exclusive 
and original jurisdiction of all actions brought by or against the 
Commission and to enforce subpoenas under this MSC Compact.</DELETED>
<DELETED>    ``49. The commencement of a judicial proceeding shall not 
operate as a stay of a Commission order unless specifically ordered by 
the court.</DELETED>
<DELETED>    ``H. Liability and Indemnification</DELETED>
<DELETED>    ``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.</DELETED>
<DELETED>    ``51. The Commission shall be liable for its contracts and 
for its torts and those of its Members, Alternate Members, officers, 
agents, employees, and representatives committed in the conduct of any 
proprietary function, in accordance with the law of the applicable 
Signatory (including, 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, the 
Commonwealth of Virginia, or the State of Maryland of any immunity from 
suit.</DELETED>
<DELETED>    ``I. Commitment of Parties</DELETED>
<DELETED>    ``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 legislation to achieve the objectives of this 
MSC Compact.</DELETED>
<DELETED>    ``J. Amendments and Supplements</DELETED>
<DELETED>    ``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 existing section of this MSC Compact, that amendment 
or supplement 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 approved by the other 
Signatories and is consented to by Congress.</DELETED>
<DELETED>    ``K. Withdrawal and Termination</DELETED>
<DELETED>    ``54. Any Signatory may withdraw from this MSC Compact, 
which action shall constitute a termination of this MSC 
Compact.</DELETED>
<DELETED>    ``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 Signatories.</DELETED>
<DELETED>    ``56. Prior to termination of this MSC Compact, the 
Commission shall provide each Signatory:</DELETED>
        <DELETED>    ``(a) A mechanism for concluding the operations of 
        the Commission;</DELETED>
        <DELETED>    ``(b) A proposal to maintain state safety 
        oversight of the WMATA Rail System in compliance with 
        applicable federal law;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(d) A plan to return any surplus funds that 
        remain 4 years after the creation of the trust.</DELETED>
<DELETED>    ``L. Construction and Severability</DELETED>
<DELETED>    ``57. This MSC Compact shall be liberally construed to 
effectuate the purposes for which it is created.</DELETED>
<DELETED>    ``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 controversy 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 declare that they would have 
entered into this MSC Compact or the remainder thereof had the 
invalidity of such provision or application thereof been 
apparent.</DELETED>
<DELETED>    ``M. Adoption; Effective Date</DELETED>
<DELETED>    ``59. This MSC Compact shall be adopted by the Signatories 
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 effective 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 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.</DELETED>
<DELETED>    ``N. Conflict of Laws</DELETED>
<DELETED>    ``60. Any conflict between any authority granted herein, 
or the exercise of such authority, and the provisions of the WMATA 
Compact shall be resolved in favor of the exercise of such authority by 
the Commission.</DELETED>
<DELETED>    ``61. All other general or special laws inconsistent with 
this MSC Compact are hereby declared to be inapplicable to the 
Commission or its activities.''.</DELETED>

                    consent and approval of congress

    Section 1. The consent and approval of Congress is hereby given for 
the Commonwealth of Virginia, the State of Maryland, and the District 
of Columbia to enter into a compact for the safety oversight of the 
Washington Metropolitan Area Transit Authority Metrorail system (known 
as the Metrorail Safety Commission Interstate Compact), which has been 
negotiated by representatives of the State, the Commonwealth, and the 
District, 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. Sec.  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. Sec.  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 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 
        Commonwealth of Virginia, and the District of Columbia;
            ``(j) `State', `state', or `jurisdiction' means the 
        District of Columbia, the State of Maryland, or the 
        Commonwealth of Virginia;
            ``(k) `Washington Metropolitan Area Transit Authority' or 
        `WMATA' is the entity created by the WMATA Compact, which 
        entity is responsible for providing certain rail fixed guideway 
        public 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 Sec.  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.

                              ``ARTICLE II

                        ``PURPOSE AND FUNCTIONS

    ``2. The Signatories to the WMATA Compact hereby adopt this MSC 
Compact pursuant to 49 U.S.C. Sec.  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. Sec.  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 Signatory, 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 
        responsibility 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 
        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 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.
    ``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 directors, 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 Signatories.
    ``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 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 Members pursuant to section 8.
    ``16. The Commission action shall become effective upon enactment 
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, ___________, 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.
    ``21. The Commission shall adopt 5 U.S.C. Sec.  552(a)-(d) and (g), 
and 5 U.S.C. Sec.  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. 
Sec.  5329, as they may be revised from time to time, which, among 
other things, places appropriate separation between Members, officers, 
employees, contractors, and agents of the Commission and WMATA.
    ``24. The Commission shall adopt and utilize its own administrative 
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, 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 compensation 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 certifications.
    ``27. Consistent with 49 U.S.C. Sec.  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, however, 
consider the laws of the Signatories 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, 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 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 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, 
investigations, examinations, and testing of WMATA personnel 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 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.
    ``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
    ``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, 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 procedures 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.
    ``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 
        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.
    ``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 contractors 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, 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 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 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 Congress 
pursuant to the District of Columbia Home Rule Act, approved December 
24, 1973 (87 Stat. 774; D.C. Official Code Sec.  1-201.01 et seq.).
    ``44. Pursuant to the requirements of 31 U.S.C. Sec. Sec.  1341, 
1342, 1349 to 1351, and 1511 to 1519, and D.C. Official Code Sec. Sec.  
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 associated with this MSC Compact shall constitute 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 Commission 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 developed 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 exclusive 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 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 Members, officers, agents, 
employees, and representatives committed in the conduct of any 
proprietary function, in accordance with the law of the applicable 
Signatory (including, 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, 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 legislation 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 existing section of this MSC Compact, that amendment 
or supplement 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 approved by the other 
Signatories and is consented 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, 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 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 oversight 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 controversy 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 declare that they would have 
entered into this MSC Compact or the remainder thereof had the 
invalidity of such provision or application thereof been apparent.
    ``M. Adoption; Effective Date
    ``59. This MSC Compact shall be adopted by the Signatories 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 effective 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 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 herein, or the 
exercise of such authority, and the provisions 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 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 Compact shall be 
reasonably and liberally construed to effectuate the purposes thereof. 
If any part or application of this Compact, 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.

                       inconsistency of language

    Sec. 4. The validity of this Compact shall not be affected by any 
insubstantial differences in its form or language as adopted by the 
State of Maryland, the Commonwealth 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.
                                                 Union Calendar No. 162

115th CONGRESS

  1st Session

                             H. J. RES. 76

                          [Report No. 115-227]

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                            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 establishment of the Washington 
                      Metrorail Safety Commission.

_______________________________________________________________________

                             July 17, 2017

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed