[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.

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