[Congressional Record Volume 163, Number 120 (Monday, July 17, 2017)]
[House]
[Pages H5894-H5901]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
GRANTING CONSENT AND APPROVAL OF CONGRESS TO ESTABLISH WASHINGTON
METRORAIL SAFETY COMMISSION
Mr. GOODLATTE. Mr. Speaker, I move to suspend the rules and pass the
joint resolution (H.J. Res. 76) granting the consent and approval of
Congress for the Commonwealth of Virginia, the State of Maryland, and
the District of Columbia to a enter into a compact relating to the
establishment of the Washington Metrorail Safety Commission, as
amended.
The Clerk read the title of the joint resolution.
The text of the joint resolution is as follows
H.J. Res. 76
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,
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.
[[Page H5895]]
``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;
[[Page H5896]]
``(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
[[Page H5897]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Virginia (Mr. Goodlatte) and the gentleman from Maryland (Mr. Raskin)
each will control 20 minutes.
The Chair recognizes the gentleman from Virginia.
{time} 1715
General Leave
Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous materials on H.J. Res. 76, currently
under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may
consume.
H.J. Res. 76 grants Congress' approval to the Metrorail Safety
Commission Interstate Compact, an interstate compact entered into
recently by the Commonwealth of Virginia, the State of Maryland, and
the District of Columbia.
The safety record of the D.C.-area Metrorail system and other public
transit systems in our country has been a matter of increasing concern
for some time. To better address public transit safety needs, including
metrorails, Congress included in the Moving Ahead for Progress in the
21st Century, or MAP Act or MAP-21, and the Fixing America's Surface
Transportation, or FAST Act, provisions strengthening the Federal
Transit Administration's safety oversight authority and related safety
requirements for public transit systems.
Pursuant to these acts and through the Metrorail Safety Commission
Interstate Compact, Virginia, Maryland, and the District of Columbia
have committed to establish a new Washington Metrorail Safety
Commission to act as the State safety oversight authority for the
Metrorail system. The Transportation and Infrastructure Committee has
informed the Judiciary Committee that the new compact's provisions
satisfy the requirements of the relevant Federal statutes.
The jurisdictions completed, in March of this year, their adoption by
legislation of their respective compact instruments. In the meanwhile,
however, due to delays in the adoption of the instruments, the FTA
invoked on February 9, 2017, authority to suspend the distribution of
transit funds to the jurisdictions until the new safety commission is
established.
By passage of H.J. Res. 76, we can hasten the day by which Metrorail
safety will be improved and funds obligated for other impacted transit
systems in the compact jurisdictions can be made available for release.
I urge my colleagues to support this resolution, and I reserve the
balance of my time.
Mr. RASKIN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of H.J. Res. 76. This very
important legislation grants congressional consent and approval to
Maryland, Virginia, and the District of Columbia to enter into a
compact under Article I, section 10 of the Constitution, establishing
the Metrorail Safety Commission. Importantly, Federal transit funds
have been suspended by the Federal Transit Authority until Congress
grants its assent to these amendments to the WMATA compact, as H.J.
Res. 76 would do.
I want to thank my friend, the distinguished minority whip, Steny
Hoyer, for taking the lead on this measure, and all of our colleagues
in the Virginia and Maryland delegations and District of Columbia
delegation for supporting it in such a strong, bipartisan, and cross-
Potomac River fashion. I am proud to join them.
Mr. Speaker, I did want to take a moment to say a word about the
Metro system.
WMATA is not just the Metro that serves the Washington area. It is
truly America's Metro system. It is the second largest system in the
Nation, behind only New York City. It is 117 miles long. It has 91
stations, and it includes more than 12,000 employees.
It is critical to the functioning of the Federal Government because
it moves more than 40 percent of the Federal workforce every day to and
from work and also during the day for various missions that people go
on during the normal workday. It is essential to national security. If
we didn't have the Metro system, what is already one of the most
traffic-plagued and congested regions in the country would be
absolutely paralyzed.
It is also the mechanism that moves millions of Americans who come
from all over the United States, all of our constituents here in
Congress, to visit us. That is how people get to the White House and
the Capitol and go to the Pentagon and go to see NIH and visit the
museums and the battlefields and so on.
So the Metro is critical not just to the people who live and work
here every day and make the Federal Government go, but also to all
American citizens who rely on the efficiency of the Federal Government
and come to Washington to petition for redress of grievances and to
partake in the processes of government.
I am thrilled that this legislation, responding to the safety needs
of the system, is moving forward with speed now. It is essential that
we continue to invest in the Metro, to upgrade its safety, to upgrade
its efficiency and its reliability.
The Federal Government was instrumental in the creation of Metro at
the beginning, along with Virginia, Maryland, and the District of
Columbia. We all send representatives to the board of Metro. The
Federal Government has representatives on the board of Metro. We are
equal partners in it, and I want to make sure that everyone here in
Congress feels deeply invested in the success of Metro, which, after
all, gets a lot of our staffers to work every day.
With passage of H.J. Res. 76, Congress reaffirms its fundamental
commitment to America's Metro system. Accordingly, I urge my colleagues
to support the swift passage of this resolution.
I reserve the balance of my time.
Mr. GOODLATTE. Mr. Speaker, I yield such time as she may consume to
the gentlewoman from Virginia (Mrs. Comstock).
Mrs. COMSTOCK. Mr. Speaker, I thank my friend, Chairman Goodlatte,
for his work on this matter and for yielding the time. I appreciate his
leadership in bringing this forward.
I rise in support, Mr. Speaker, of this resolution, HJ. Res. 76,
offered by the gentleman from Maryland, the minority whip, Mr. Hoyer.
We have very much a regional partnership that is essential for Metro,
and this resolution today reflects that. It lends congressional
approval to the new interstate compact between Virginia, Maryland, and
the District of Columbia to establish an independent State safety
oversight program, in this case known as the Metro Safety Commission.
The previous iteration of the Metro safety oversight body was known
as the Tri-State Oversight Commission, and in response to various
accidents, inadequacies, and outright failures, the previous Secretary
of Transportation, Anthony Foxx, used the authority that we in
Congress, together, working with our regional delegation together, gave
him to temporarily take over the safety oversight role of Metro through
the Federal Transit Administration. But it was only meant to be
temporary control. We still need a permanent body to provide this
invaluable safety oversight for WMATA, and the passage of this
legislation in the House today brings us one important step closer to
that goal.
I also would like to mention that, because we had not done this in
the timeframe initially allowed, the FTA did give notice to the Metro
Safety Commission it had to be in place on or before February 9, and
when it wasn't,
[[Page H5898]]
they suspended some of our Federal funds.
Now, with this today, we hope this initial withholding, which equated
to $8.9 million and is expected could total $15 million, that now that
can move forward.
I have a letter that I include in the Record, which is signed by our
regional delegation in support of now releasing those funds
Washington, DC, June 30, 2017.
Hon. Elaine Chao,
Secretary, U.S. Department of Transportation,
Washington, DC.
Dear Secretary Chao, As representatives of public transit
customers in the Commonwealth of Virginia, we write to
express our concerns regarding the Federal Transit
Administration's (FTA) February 10, 2017 decision to withhold
federal transit grant money in response to incomplete efforts
to establish a new State Safety Oversight Program (SSOP) for
the Washington Metropolitan Area Transit Authority (WMATA).
On February 8, 2016, the FTA gave notice that the
Metropolitan Safety Commission (MSC), a new SSOP to succeed
WMATA's Tri-State Oversight Commission, must be in place and
certified by the FTA on or before February 9, 2017. On
February 10, 2017, with no new SSOP certified, the FTA
announced it would exercise its authority to withhold five
percent of federal funds authorized in fiscal year 2017 under
the Urbanized Area Apportionments Program (49 U.S.C. 5307).
The initial withholding equated to $8.9 million, and is
expected to total $15 million if he withholding continues to
the end of the current fiscal year. This withholding will not
just impact funding for WMATA, but for broader infrastructure
maintenance throughout Virginia, Maryland, and Washington,
D.C.
The decision to withhold these federal funds has created
significant uncertainty amongst state and local governments
in terms of budget planning and stability. Should the
withholding of funds continue throughout the remainder of the
fiscal year, the governments and their transit systems will
be faced with a number of difficult decisions about the
manner in which they allocate their limited resources. Under
a worst-case scenario, they would be forced to make cuts to
state of good repair efforts or reduce service to their
respective communities, either of which would be harmful to
our constituents. We agree safety must be a top priority, but
eliminating funding for infrastructure repair would directly
contradict a SSOP's stated goal.
Given the FTA must engage in this process with 29 other
transit agencies nationwide by 2019, we appreciate the
complexity of the issues that were considered in making the
decision to withhold these funds. However, we must
emphasize--as many of us have expressed previously either
directly to you, your predecessor, or the FTA--that the
timing of both the notice and the deadline set by FTA were
arbitrary in that there seemed to be little or no
consideration of the legislative calendars of the Virginia
General Assembly or the General Assembly of Maryland.
The FTA timetable effectively gave Virginia and Maryland
less than one full legislative session to negotiate amongst
each other and the District, draft the proposal, navigate it
through the respective lawmaking bodies, and sign it into
law. The unreasonable requirements FTA put forth were not
simply for the SSOP to have a legal foundation by the
February 2017 deadline, but to have the program fully
certified by FTA, which necessitates months of work after
passing legislation, including, but not limited to,
appointing commissioners, hiring staff, and leasing office
space. We are therefore led to believe that FTA either set
their requirements without providing fair consideration to
the unique institutional challenges that exist within the
jurisdictions, or the FTA set them with a deadline so
unrealistic that failure was unavoidable.
Given the concerns we have raised in this letter regarding
FTA's shortsighted approach to this matter, and in light of
the demonstrated progress which has been made, we
respectfully request that your office work with the FTA to
explore a compromise in which part of these withheld funds
can be released as a show of good faith, as the jurisdictions
continue their work to construct a stable SSOP.
Lending further justification for this request is the real
progress that has been made with respect to organizing the
MSC. At the time this is written:
Virginia, Maryland, and the District (the jurisdictions)
have each enacted legislation to enter into an interstate
compact to form the MSC;
The jurisdictions have submitted a detailed draft
certification plan to FTA for review (though FTA has not yet
provided formal feedback on the plan);
Joint resolutions have been introduced in both the House of
Representatives and the Senate to grant Congressional
approval to the MSC compact;
The Senate has passed its version of the joint resolution;
The House Judiciary Committee, which has sole jurisdiction
over the joint resolution, has ordered the House's parallel
version of the resolution to be reported favorably to the
full House; and
We are requesting that the measure be taken up for
consideration as soon as possible.
We appreciate the FTA's important safety work, especially
its temporary safety oversight role with respect to WMATA.
Without FTA's diligence, more harm may have come to WMATA's
customers. But we must find an equitable solution to this
matter.
We look forward to partnering with you, Madam Secretary, as
well as the FTA to ensure safety remains the top priority in
all transit systems and that reforms are made to accomplish a
transit agency that provides safe, reliable service to our
constituents. We appreciate your thoughtful consideration of
this request.
Sincerely,
Barbara Comstock,
Member of Congress.
Bob Goodlatte,
Member of Congress.
Robert J. Wittman,
Member of Congress.
Tim Kaine,
United States Senator.
Mark R. Warner,
United States Senator.
Scott Taylor,
United States Senator.
Mrs. COMSTOCK. Mr. Speaker, we in the region have worked together on
these issues and, with this congressional approval and with the help of
my colleague, Chairman Goodlatte, took this to the Judiciary Committee,
who will now be able to begin the process of improving Metro in
connection with our State and regional partners.
Mr. RASKIN. Mr. Speaker, I yield such time as he may consume to the
gentleman from Maryland (Mr. Hoyer), our distinguished minority whip,
who has been a longtime champion of the Metro system.
Mr. HOYER. Mr. Speaker, I thank the gentleman for yielding.
I was tempted to stop at that podium. One of my Republican
predecessors used to come over here a long time ago and speak to
Democrats from this podium and then walk back and speak to his
Republican colleagues.
This is truly something that both podiums support. It is a bipartisan
effort. I was privileged to work with Congresswoman Comstock's
predecessor, Frank Wolf, and we worked arm in arm, hip to hip, shoulder
to shoulder for a decade with Republican administrations, both the
Reagan administration and with the first Bush administration, and this
truly is a bipartisan effort to enhance America's subway.
I say ``America's subway'' because not only do our people use it that
live in the region, but millions of Americans who come to Washington,
D.C., to see their Capital use their Metro system. I am proud to be the
sponsor of this resolution, and I urge my colleagues to support it.
People throughout the National Capital region depend upon Metro to
get to work, reach family and friends, and access shopping and
entertainment, as so many of my colleagues have already said. It is the
lifeblood of the area's economy. Nobody probably knows that better than
Gerry Connolly, who was the head of one of the largest subdivisions in
our region and knows how critically important Metro is to our region.
Metro--I have referred to it as the ``ties that bind the Washington
metropolitan area together''--is used by millions of visitors to our
Nation's Capital who come from across the country. It is critical to
the functioning of our Federal Government, with Federal employees
making up nearly 40 percent of its ridership. They and many military
personnel rely on Metro to get to their offices and duty stations on
time so they can serve the American people.
As anyone who spends time in this city knows, Metro has had its share
of challenges in recent years, including, of course, safety issues that
have prompted an ambitious overhaul of safety procedure and
infrastructure, which was absolutely necessary and too long in coming.
Safety must continue to be Metro's number one priority both for its
passengers and for its employees. Our resolution, Mr. Speaker--when I
refer to ``our,'' the entire metropolitan delegation--would provide
congressional consent for the establishment of a Metrorail Safety
Commission--Mrs. Comstock spoke of that; Mr. Raskin has spoken of that;
I am sure others will as well--which will provide real enforcement
teeth to our region's commitment to enhancing Metro safety. The safety
commission is being launched jointly by Congress, Maryland, Virginia,
and the District of Columbia.
[[Page H5899]]
I want to thank Ms. Norton, who, herself, has worked so long and so
effectively on behalf of Washington's Metro system. Thank you very
much, Congresswoman Norton.
The Federal Transit Administration is currently withholding
approximately $8.9 million, which Mrs. Comstock referred to. This step
will be a significant step in making sure that that $8.9 million is
released. Maryland, Virginia, and D.C. have all given their approval
already, the Virginia Legislature, the Maryland Legislature, and the
D.C. legislature. Now it is up to Congress.
But today's resolution is not an end. It is an important step, but
not an end. It must signal an ongoing commitment across the region to
Metro and, yes, by the Congress itself.
I believe that if Metro is to become safer and more reliable, it must
have a dedicated funding source. That is not the issue in this
resolution, but it is the issue before Metro and before our region and
before our country. That is why I will continue to push for more
Federal investment in Metro and for WMATA to have every resource it
needs to keep its riders and employees safe, which is to say all of the
American people who use it on their visits here as well as those of us
who live here.
I want to thank each of the Members of our delegation, our regional
delegation, who work together on behalf of the region; and I want to
thank, in particular, Senator Tim Kaine from Virginia, who sponsored
this legislation on the Senate side. We have all been working hard to
ensure this resolution comes to the floor and to make sure all
stakeholders have been at the table.
I thank my delegation, the regional delegation, and I thank Mr.
Goodlatte for bringing this resolution to the floor in a timely
fashion; and I thank certainly one of our newest Members but one of our
most able Members, Mr. Raskin.
Mr. GOODLATTE. Mr. Speaker, I reserve the balance of my time.
Mr. RASKIN. Mr. Speaker, I yield such time as she may consume to the
gentlewoman from the District of Columbia (Ms. Norton), a distinguished
Delegate
Ms. NORTON. Mr. Speaker, I appreciate that my friend, Mr. Raskin from
the State of Maryland, has yielded this time to me.
First, I want to thank the senior member of our delegation. I thank
the acknowledged leader of this entire bipartisan delegation, Mr.
Hoyer, for being the chief sponsor of this resolution that is
bipartisan because it concerns the seamless Metro system, seamless
because you can't get from one part of this region to the other part of
this region without Metro and because this subway is the only subway
which encompasses more than one State. It encompasses three
jurisdictions. Therefore, we are bipartisan because there is no other
way for us to exist. The transportation network requires it, and this
resolution does, in fact, shows our bipartisanship.
{time} 1730
This resolution is quintessentially important, because it creates a
safety commission for Metro.
Now, along with other Members, we see Metro in at least two different
ways. We see it, of course, in light of our own constituents. Metro
makes it possible for entire neighborhoods to be created, entire parts
of the region to be connected. Metro has promoted economic growth, but
far more important than any of our individual jurisdictions is the
importance of Metro to the Federal Government. You may have heard the
figure 40 percent today; almost half of the Federal employees get to
work through Metro.
When Metro has a snow day, the whole region shuts down. We are in
this Congress by ourselves. If Metro has a snow day, nobody can get to
the Congress of the United States or to the Federal Government.
Metro is absolutely critical, and therefore, a safe Metro is
essential to all that happens in the Congress of the United States,
quite apart from the tourist economy that the District, Maryland, and
Virginia are a part of, quite apart from our own local economies.
More important to us all is the safety commission embodied in this
joint resolution. Metro is useless if it is not safe. And we know what
happens when it is not safe. In 2009, there was a tragic accident in
this region. Nine residents lost their lives, seven of them from the
District of Columbia. Anybody could have been on that train. In 2015,
there was a smoke accident. One woman was killed, another D.C.
resident. So an interstate safety commission is necessary if there is
to be a Metro at all.
I applaud the local lawmakers from the District of Columbia,
Maryland, and Virginia for doing their part to support this
jurisdiction safely kneading together the three parts of the region,
and I urge my own colleagues to give them permission to move forward
Mr. GOODLATTE. Mr. Speaker, I continue to reserve the balance of my
time.
Mr. RASKIN. Mr. Speaker, I yield 3 minutes to the gentleman from
Virginia (Mr. Connolly).
Mr. CONNOLLY. Mr. Speaker, I thank the gentleman from Maryland (Mr.
Raskin), my good friend, for yielding time.
I rise today in support of this legislation, which I was happy to
cosponsor with Mr. Hoyer and our colleagues in the metropolitan region.
The joint resolution would establish an independent safety oversight
commission for the Washington Metropolitan Area Transit Authority that
will be empowered to create new safety rules, impose fines, issue
subpoenas, and direct additional funding toward safety priorities.
Consideration of the joint resolution in the United States House
follows the passage of companion legislation in the Virginia and
Maryland General Assemblies, the Council of the District of Columbia,
and the United States Senate.
The joint resolution before us represents the culmination of more
than a year of multijurisdictional, multistakeholder collaboration, and
is an example of the kind of bipartisan cooperation we need moving
forward for Metro.
For several years now, Metro has been a system in crisis, all lights
blinking red. The lack of a strict safety culture has resulted in
derailments, falsified track inspection reports, fires, track defects,
and, as Ms. Norton just indicated, has tragically claimed lives.
The previous safety oversight body, the Tri-State Oversight
Committee, was admittedly ineffective and failed to safeguard Metro
personnel and customers. It was clear the safety crisis at Metro needed
further Federal intervention.
While I am glad that the U.S. Department of Transportation took
action, I would have preferred that the Department act in accordance
with the NTSB recommendation that it be the FRA, not the FTA, that
provided that day-to-day safety oversight. Very simply, the FRA is and
was better equipped to pick up this vital mission and run with it from
day one, rather than to learn on the job with a modern, contemporary
transit system, as the FTA has had to do.
It is my hope that enactment of this joint resolution will finally
convince the FTA to reverse its misguided decision to withhold $8.9
million of Federal transit grants from Virginia, Maryland, and D.C. The
FTA announced the withholding of that money on February 10, because the
jurisdictions had not yet established a fully certified Metrorail
Safety Commission before the FTA's own arbitrary deadline.
The decision to withhold the funds, penalizing other transit systems
not related to Metro, which is authorized under the Urbanized Area
Apportionments Program, was crude and punitive, and the process that
led to the decision was anything but neat.
The 1-year timeline imposed on the jurisdictions to establish and
certify the Metro Safety Commission ignored both the unique legislative
calendars of the citizen legislatures in Maryland and Virginia as well
as the time-consuming, FTA-managed certification process itself for
State safety oversight programs.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. RASKIN. Mr. Speaker, I yield an additional 1 minute to the
gentleman.
Mr. CONNOLLY. Mr. Speaker, I thank the gentleman for yielding.
The 1-year timeline imposed on the jurisdiction ignored those unique
legislative schedules, but the decision to withhold money as a
punishment for missing an arbitrary deadline was announced at a time,
ironically, when all three jurisdictions were, in fact, moving
simultaneously to enact just such legislation, as was requested.
[[Page H5900]]
This is no good deed going unpunished, Mr. Speaker, and the FTA did
not publish its own toolkit, application, or program standard for the
oversight program certification process until February 14 of this year,
4 days after they withheld the money punitively from those three
jurisdictions. They couldn't meet their own deadline.
As the House and Senate move to enact this joint resolution, I hope
to renew my request of the Secretary of Transportation to reverse
entirely the FTA's bad decision to block safety and maintenance
investments that are so desperately and obviously needed here in the
Metro system in Washington.
I ask my colleagues to support the joint resolution before us today
and to recognize that it is a big step forward in the region and in
terms of bipartisan cooperation.
Mr. RASKIN. Mr. Speaker, may I just inquire how much time I have
remaining?
The SPEAKER pro tempore. The gentleman from Maryland has 4 minutes
remaining.
Mr. RASKIN. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, when I was a kid in high school, they built the Metro
system here. It was a great feat of bipartisan leadership when they
built the Metro, and it changed my life. It was the jewel of our
region, and it opened up, to at least one kid, the Capitol, the White
House, the museums, the National Gallery, the Hirshhorn, the Lincoln
Memorial, the Jefferson Memorial, and it was really a spectacular and
resplendent addition and feature to the Virginia, D.C., Maryland
region.
In the intervening years, there has been inadequate investment in
safety, efficiency, and reliability in the Metro system, and we need to
bring the Metro back to its original glory and we must make sure that,
above all, it is safe for the people who ride it. The safety and
security of the passengers is essential.
So passage of this resolution will ensure the establishment of the
safety commission to assume effective oversight of this system and to
allow for the disbursal of Federal transit funds to Maryland, Virginia,
and D.C. for essential transit services.
I urge all of our colleagues to support this bipartisan measure.
Again, I want to salute all of the Members who have been involved in
this legislation, and I thank House Judiciary Chairman Goodlatte for
facilitating consideration of the resolution by both the Judiciary
Committee and by the House.
Mr. Speaker, I yield back the balance of my time.
Mr. GOODLATTE. Mr. Speaker, I yield myself the balance of my time to
say that this has been a good bipartisan collaborative effort. I thank
Minority Whip Hoyer, Congresswoman Comstock, and the other Members from
the region for their work to assure that safety measures do move
forward with regard to the Metro here in the Washington, D.C., area.
And this legislation is critical to accomplish that, so I urge my
colleagues to support it.
Mr. Speaker, I yield back the balance of my time
Mr. CONYERS. Mr. Speaker, I rise in strong support of H.J. Res. 76.
This resolution would grant the consent and approval of Congress for
Virginia, Maryland, and the District of Columbia to enter into a
compact establishing the Washington Metrorail Safety Commission.
I support this bipartisan measure for several reasons.
Most importantly, this Commission will help improve the safety of the
Washington Metropolitan Area Transit Authority--also known as WMATA,
which provides transportation services for millions of people each
year.
Last year alone, nearly 180 million riders traveled on WMATA's
commuter rail system. In fact, more than 760,000 riders used that
system on just a single day in March of last year.
Unfortunately, there have been a series of serious safety violations
at WMATA in recent years, some of which have tragically led to deaths
and injuries.
Even though such dangerous conditions are obviously inexcusable, they
nevertheless have persisted for many years. There are numerous causes,
which range from aging infrastructure, years of neglected maintenance,
uncertain funding, and poor oversight and management.
In response to these critical concerns, the District of Columbia--
together with the states of Virginia and Maryland--have each passed
legislation agreeing to enter into an interstate compact establishing
an oversight commission dedicated to improving the safety of WMATA.
Clearly, this undertaking will help ensure WMATA's passengers and
workers--as well as the many communities that WMATA serves--have a
safe, efficient, and reliable mass transit system.
In addition, H.J. Res. 76 warrants our support because it implements
Congress' 2015 directive to the states to establish legal and
financially independent state oversight authorities responsible for the
safety of fixed rail transit facilities within their respective
jurisdictions.
By granting our consent and approval of the interstate compact to be
established pursuant to this Resolution, we are fulfilling our
responsibility to help ensure the safety of our Nation's rail system.
Finally, prompt consideration of H.J. Res. 76 is imperative not only
because of ongoing safety concerns, but also because of financial
concerns that serve to exacerbate the safety concerns.
When Congress issued its 2015 directive, it did so with strings
attached. A state's failure to comply with this directive would result
in a suspension of federal rail transit funding.
Accordingly, the Transportation Department's Federal Transportation
Authority suspended its distribution of federal transit funds to the
District of Columbia, Maryland, and Virginia earlier this year and it
continues to do so until the new safety commission is established.
Thus, every day that goes by without action on this Resolution, is
another day that these jurisdictions are deprived of critical federal
funding.
So, I encourage my colleagues to join me in supporting the immediate
passage of H.J. Res. 76.
The safety and reliability of our Nation's commuter rail transit
system should be the standard for other metropolitan areas to aspire
to. Unfortunately, much improvement is necessary to reach this critical
goal.
H.J. Res. 76, however, will hopefully provide an important
opportunity to address the system's safety shortcomings.
In closing, I want to thank Representative Steny Hoyer, the esteemed
author of this critical legislation. His commitment and leadership are
to be commended.
Accordingly, I strongly support this bipartisan measure and urge
colleagues on both sides of the aisle to support it as well.
Ms. JACKSON LEE. Mr. Speaker, I rise today in support of H. J. Res.
76, which grants consent and approval from Congress for the
Commonwealth of Virginia, the State of Maryland, and the District of
Columbia to enter into a compact relating to the establishment of the
Washington Metrorail Safety Commission.
As Houston is a major transportation hub, I understand and appreciate
the importance of this legislation.
The Washington Metropolitan Area Transit Authority (WMATA), an
interstate compact agency, provides transportation services to millions
of people each year.
It is imperative that the WMATA be safe and effective as it is
essential to the commerce and prosperity of the National Capitol
Region.
The District of Columbia, the Commonwealth of Virginia, and the State
of Maryland intend to create the Washington Metrorail Safety Commission
to act as the state safety oversight authority for the WMATA system
under 49 U.S.C. 5329.
In title III of the Fixing America's Surface Transportation Act
(section 3026, Public Law 114-94), the Congress provided sole authority
to the Secretary of Transportation to appoint Federal Directors to the
Board of Directors of the WMATA and required the signatory parties to
the Compact to amend the Compact as necessary.
This compact is created for the benefit of the people of the District
of Columbia, the Commonwealth of Virginia, and the State of Maryland so
that there may be an increase in their safety, commerce, and
prosperity.
I urge my colleagues to join me in supporting H. J. Res. 76.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Virginia (Mr. Goodlatte) that the House suspend the
rules and pass the joint resolution, H.J. Res. 76, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. GOODLATTE. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
[[Page H5901]]
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