[House Report 115-227]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-227
======================================================================
GRANTING THE CONSENT AND APPROVAL OF CONGRESS FOR THE COMMONWEALTH OF
VIRGINIA, THE STATE OF MARYLAND, AND THE DISTRICT OF COLUMBIA TO ENTER
INTO A COMPACT RELATING TO THE ESTABLISHMENT OF THE WASHINGTON
METRORAIL SAFETY COMMISSION
_______
July 17, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Goodlatte, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.J. Res. 76]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred 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 enter into a
compact relating to the establishment of the Washington
Metrorail Safety Commission, having considered the same, report
favorably thereon with an amendment and recommend that the
joint resolution as amended do pass.
CONTENTS
Page
The Amendment.................................................... 1
Purpose and Summary.............................................. 8
Background and Need for the Legislation.......................... 9
Hearings......................................................... 10
Committee Consideration.......................................... 10
Committee Votes.................................................. 10
Committee Oversight Findings..................................... 10
New Budget Authority and Tax Expenditures........................ 10
Congressional Budget Office Cost Estimate........................ 10
Duplication of Federal Programs.................................. 12
Disclosure of Directed Rule Makings.............................. 12
Performance Goals and Objectives................................. 12
Advisory on Earmarks............................................. 12
Section-by-Section Analysis...................................... 12
The Amendment
The amendment is as follows:
Strike all after the resolving clause and insert the
following:
consent and approval of congress
Section 1. The consent and approval of Congress is hereby given for
the Commonwealth of Virginia, the State of Maryland, and the District
of Columbia to enter into a compact for the safety oversight of the
Washington Metropolitan Area Transit Authority Metrorail system (known
as the Metrorail Safety Commission Interstate Compact), which has been
negotiated by representatives of the State, the Commonwealth, and the
District, substantially as follows:
``ARTICLE I
``DEFINITIONS
``1. As used in this MSC Compact, the following words and terms shall
have the meanings set forth below, unless the context clearly requires
a different meaning. Capitalized terms used herein, but not otherwise
defined in this MSC Compact, shall have the definition set forth in
regulations issued under 49 U.S.C. Sec. 5329, as they may be revised
from time to time.
``(a) `Alternate Member' means an alternate member of the
Board;
``(b) `Board' means the board of directors of the Commission;
``(c) `Commission' means the Washington Metrorail Safety
Commission;
``(d) `Member' means a member of the Board;
``(e) `MSC Compact' means this Washington Metrorail Safety
Commission Interstate Compact;
``(f) `Public Transportation Agency Safety Plan' means the
comprehensive agency safety plan for a rail transit agency
required by 49 U.S.C. Sec. 5329 and the regulations issued
thereunder, as may be amended or revised from time to time;
``(g) `Public Transportation Safety Certification Training
Program' means the federal certification training program, as
established and amended from time to time by applicable federal
laws and regulations, for federal and state employees, or other
designated personnel, who conduct safety audits and
examinations of public transportation systems, and employees of
public transportation agencies directly responsible for safety
oversight;
``(h) `Safety Sensitive Position' means any position held by
a WMATA employee or contractor designated in the Public
Transportation Agency Safety Plan for the WMATA Rail System and
approved by the Commission as directly or indirectly affecting
the safety of the passengers or employees of the WMATA Rail
System;
``(i) `Signatory' means the State of Maryland, the
Commonwealth of Virginia, and the District of Columbia;
``(j) `State', `state', or `jurisdiction' means the District
of Columbia, the State of Maryland, or the Commonwealth of
Virginia;
``(k) `Washington Metropolitan Area Transit Authority' or
`WMATA' is the entity created by the WMATA Compact, which
entity is responsible for providing certain rail fixed guideway
public transportation system services;
``(l) `WMATA Compact' means the Washington Metropolitan Area
Transit Authority Compact, approved November 6, 1966 (80 Stat.
1324; D.C. Official Code Sec. 9-1107.01 et seq.); and
``(m) `WMATA Rail System' or `Metrorail' means the rail fixed
guideway public transportation system and all other real and
personal property owned, leased, operated, or otherwise used by
WMATA rail services and shall include WMATA rail projects under
design or construction by owners other than WMATA.
``ARTICLE II
``PURPOSE AND FUNCTIONS
``2. The Signatories to the WMATA Compact hereby adopt this MSC
Compact pursuant to 49 U.S.C. Sec. 5329. The Commission created
hereunder shall have safety regulatory and enforcement authority over
the WMATA Rail System and shall act as the state safety oversight
authority for WMATA under 49 U.S.C. Sec. 5329, as may be amended from
time to time. WMATA shall be subject to the Commission's rules,
regulations, actions, and orders.
``3. The purpose of this MSC Compact is to create a state safety
oversight authority for the WMATA Rail System, pursuant to the mandate
of federal law, as a common agency of each Signatory, empowered in the
manner hereinafter set forth to review, approve, oversee, and enforce
the safety of the WMATA Rail System, including, without limitation, to:
``(a) Have exclusive safety oversight authority and
responsibility over the WMATA Rail System pursuant to federal
law, including, without limitation, the power to restrict,
suspend, or prohibit rail service on all or part of the WMATA
Rail System as set forth in this MSC Compact;
``(b) Develop and adopt a written state safety oversight
program standard;
``(c) Review and approve the WMATA Public Transportation
Agency Safety Plan;
``(d) Investigate hazards, incidents, and accidents on the
WMATA Rail System;
``(e) Require, review, approve, oversee, and enforce
Corrective Action Plans developed by WMATA; and
``(f) Meet other requirements of federal and State law
relating to safety oversight of the WMATA Rail System.
``ARTICLE III
``ESTABLISHMENT AND ORGANIZATION
``A. Washington Metrorail Safety Commission
``4. The Commission is hereby created as an instrumentality of each
Signatory, which shall be a public body corporate and politic, and
which shall have the powers and duties set forth in this MSC Compact.
``5. The Commission shall be financially and legally independent from
WMATA.
``B. Board Membership
``6. The Commission shall be governed by a Board of 6 Members with 2
Members appointed or reappointed (including to fill an unexpired term)
by each Signatory pursuant to the Signatory's applicable laws.
``7. Each Signatory shall also appoint or reappoint (including to
fill an unexpired term) one Alternate Member pursuant to the
Signatory's applicable laws.
``8. An Alternate Member shall participate and take action as a
Member only in the absence of one or both Members appointed from the
same jurisdiction as the Alternate Member's appointing jurisdiction
and, in such instances, may cast a single vote.
``9. Members and Alternate Members shall have backgrounds in transit
safety, transportation, relevant engineering disciplines, or public
finance.
``10. No Member or Alternate Member shall simultaneously hold an
elected public office, serve on the WMATA board of directors, be
employed by WMATA, or be a contractor to WMATA.
``11. Each Member and Alternate Member shall serve a 4-year term and
may be reappointed for additional terms; except that, each Signatory
shall make its initial appointments as follows:
``(a) One Member shall be appointed for a 4-year term;
``(b) One Member shall be appointed for a 2-year term; and
``(c) The Alternate Member shall be appointed for a 3-year
term.
``12. Any person appointed to fill a vacancy shall serve for the
unexpired term.
``13. Members and Alternate Members shall be entitled to
reimbursement for reasonable and necessary expenses and shall be
compensated for each day spent meeting on the business of the
Commission at a rate of $200 per day or at such other rate as may be
adjusted in appropriations approved by all of the Signatories.
``14. A Member or an Alternate Member may be removed or suspended
from office only for cause in accordance with the laws of such Member's
or Alternate Member's appointing jurisdiction.
``C. Quorum and Actions of the Board
``15. Four Members shall constitute a quorum, and the affirmative
vote of 4 Members is required for action of the Board. Quorum and
voting requirements under this paragraph may be met with one or more
Alternate Members pursuant to section 8.
``16. The Commission action shall become effective upon enactment
unless otherwise provided for by the Commission.
``D. Oath of Office
``17. Before entering office, each Member and Alternate Member shall
take and subscribe to the following oath (or affirmation) of office or
any such other oath or affirmation as the constitution or laws of the
Signatory he or she represents shall provide:
``I, ___________, hereby solemnly swear (or affirm) that I will
support and defend the Constitution and the laws of the United States
as a Member (or Alternate Member) of the Board of the Washington
Metrorail Safety Commission and will faithfully discharge the duties of
the office upon which I am about to enter.
``E. Organization and Procedure
``18. The Board shall provide for its own organization and procedure.
Meetings of the Board shall be held as frequently as the Board
determines, but in no event less than quarterly. The Board shall keep
minutes of its meetings and establish rules and regulations governing
its transactions and internal affairs, including, without limitation,
policies regarding records retention that are not in conflict with
applicable federal record retention laws.
``19. The Commission shall keep commercially reasonable records of
its financial transactions in accordance with accounting principles
generally accepted in the United States of America.
``20. The Commission shall establish an office for the conduct of its
affairs at a location to be determined by the Commission.
``21. The Commission shall adopt 5 U.S.C. Sec. 552(a)-(d) and (g),
and 5 U.S.C. Sec. 552b, as both may be amended from time to time, as
its freedom-of-information policy and open-meeting policy,
respectively, and shall not be subject to the comparable laws or
policies of any Signatory.
``22. Reports of investigations or inquiries adopted by the Board
shall be made publicly available.
``23. The Commission shall adopt a policy on conflict of interest
that shall be consistent with the regulations issued under 49 U.S.C.
Sec. 5329, as they may be revised from time to time, which, among
other things, places appropriate separation between Members, officers,
employees, contractors, and agents of the Commission and WMATA.
``24. The Commission shall adopt and utilize its own administrative
procedure and procurement policies in conformance with applicable
federal regulations and shall not be subject to the administrative
procedure or procurement laws of any Signatory.
``F. Officers and Employees
``25. The Board shall elect a Chairman, Vice Chairman, Secretary, and
Treasurer from among its Members, each for a 2-year term and shall
prescribe their powers and duties.
``26. The Board shall appoint and fix the compensation and benefits
of a chief executive officer who shall be the chief administrative
officer of the Commission and who shall have expertise in
transportation safety and one or more industry-recognized
transportation safety certifications.
``27. Consistent with 49 U.S.C. Sec. 5329, as may be amended from
time to time, the Commission may employ, under the direction of the
chief executive officer, such other technical, legal, clerical, and
other employees on a regular, part-time, or as-needed basis as it
determines necessary or desirable for the discharge of its duties.
``28. The Commission shall not be bound by any statute or regulation
of any Signatory in the employment or discharge of any officer or
employee of the Commission, but shall develop its own policies in
compliance with federal law. The MSC shall, however, consider the laws
of the Signatories in devising its employment and discharge policies,
and when it deems it practical, devise policies consistent with the
laws of the Signatories.
``29. The Board may fix and provide policies for the qualification,
appointment, removal, term, tenure, compensation benefits, worker's
compensation, pension, and retirement rights of its employees subject
to federal law. The Board may also establish a personnel system based
on merit and fitness and, subject to eligibility, participate in the
pension, retirement, and worker's compensation plans of any Signatory
or agency or political subdivision thereof.
``ARTICLE IV
``POWERS
``A. Safety Oversight Powers
``30. In carrying out its purposes, the Commission, through its Board
or designated employees or agents, shall, consistent with federal law:
``(a) Adopt, revise, and distribute a written State Safety Oversight
Program;
``(b) Review, approve, oversee, and enforce the adoption and
implementation of WMATA's Public Transportation Agency Safety Plan;
``(c) Require, review, approve, oversee, and enforce the adoption and
implementation of any Corrective Action Plans that the Commission deems
appropriate;
``(d) Implement and enforce relevant federal and State laws and
regulations relating to safety of the WMATA Rail System; and
``(e) Audit every 3 years the compliance of WMATA with WMATA's Public
Transportation Agency Safety Plan or conduct such an audit on an
ongoing basis over a 3-year time frame.
``31. In performing its duties, the Commission, through its Board or
designated employees or agents, may:
``(a) Conduct, or cause to be conducted, inspections, investigations,
examinations, and testing of WMATA personnel and contractors, property,
equipment, facilities, rolling stock, and operations of the WMATA Rail
System, including, without limitation, electronic information and
databases through reasonable means, which may include issuance of
subpoenas;
``(b) Enter upon the WMATA Rail System and, upon reasonable notice
and a finding by the chief executive officer that a need exists, upon
any lands, waters, and premises adjacent to the WMATA Rail System,
including, without limitation, property owned or occupied by the
federal government, for the purpose of making inspections,
investigations, examinations, and testing as the Commission may deem
necessary to carry out the purposes of this MSC Compact, and such entry
shall not be deemed a trespass. The Commission shall make reasonable
reimbursement for any actual damage resulting to any such adjacent
lands, waters, and premises as a result of such activities;
``(c) Compel WMATA's compliance with any Corrective Action Plan or
order of the Commission by such means as the Commission deems
appropriate, including, without limitation, by:
``(1) Taking legal action in a court of competent
jurisdiction;
``(2) Issuing citations or fines with funds going into an
escrow account for spending by WMATA on Commission-directed
safety measures;
``(3) Directing WMATA to prioritize spending on safety-
critical items;
``(4) Removing a specific vehicle, infrastructure element, or
hazard from the WMATA Rail System; and
``(5) Compelling WMATA to restrict, suspend, or prohibit rail
service on all or part of the WMATA Rail System with an
appropriate notice period dictated by the circumstances;
``(d) Direct WMATA to suspend or disqualify from performing in any
Safety Sensitive Position an individual who is alleged to or has
violated safety rules, regulations, policies, or laws;
``(e) Compel WMATA's Office of the Inspector General, created under
WMATA Board Resolution 2006-18, or any successor WMATA office or
organization having similar duties, to conduct safety-related audits or
investigations and to provide its findings to the Commission; and
``(f) Take such other actions as the Commission may deem appropriate
consistent with its purpose and powers.
``32. Action by the Board under section 31(c)(5) shall require the
unanimous vote of all Members present and voting. The Commission shall
coordinate its enforcement activities with appropriate federal and
State governmental authorities.
``B. General Powers
``33. In addition to the powers and duties set forth above, the
Commission may:
``(a) Sue and be sued;
``(b) Adopt, amend, and repeal rules and regulations respecting the
exercise of the powers conferred by this MSC Compact;
``(c) Create and abolish offices, employments, and positions (other
than those specifically provided for in this MSC Compact) necessary or
desirable for the purposes of the Commission;
``(d) Determine a staffing level for the Commission that is
commensurate with the size and complexity of the WMATA Rail System, and
require that employees and other designated personnel of the
Commission, who are responsible for safety oversight, be qualified to
perform such functions through appropriate training, including, without
limitation, successful completion of the Public Transportation Safety
Certification Training Program;
``(e) Contract for or employ consulting attorneys, inspectors,
engineers, and such other experts necessary or desirable and, within
the limitations prescribed in this MSC Compact, prescribe their powers
and duties and fix their compensation;
``(f) Enter into and perform contracts, leases, and agreements
necessary or desirable in the performance of its duties and in the
execution of the powers granted under this MSC Compact;
``(g) Apply for, receive, and accept such payments, appropriations,
grants, gifts, loans, advances, and other funds, properties, and
services as may be transferred or made available to it by the United
States government or any other public or private entity or individual,
subject to the limitations specified in section 42;
``(h) Adopt an official seal and alter the same at its pleasure;
``(i) Adopt and amend by-laws, policies, and procedures governing the
regulation of its affairs;
``(j) Appoint one or more advisory committees; and
``(k) Do such other acts necessary or desirable for the performance
of its duties and the execution of its powers under this MSC Compact.
``34. Consistent with this MSC Compact, the Commission shall
promulgate rules and regulations to carry out the purposes of this MSC
Compact.
``ARTICLE V
``GENERAL PROVISIONS
``A. Annual Safety Report
``35. The Commission shall make and publish annually a status report
on the safety of the WMATA Rail System, which shall include, among
other requirements established by the Commission and federal law,
status updates of outstanding Corrective Action Plans, Commission
directives, and on-going investigations. A copy of each such report
shall be provided to:
``(a) The Administrator of the Federal Transit
Administration;
``(b) The Governor of Virginia, the Governor of Maryland, and
the Mayor of the District of Columbia;
``(c) The Chairman of the Council of the District of
Columbia;
``(d) The President of the Maryland Senate and the Speaker of
the Maryland House of Delegates;
``(e) The President of the Virginia Senate and the Speaker of
the Virginia House of Delegates; and
``(f) The General Manager and each member of the board of
directors of WMATA.
``36. The Commission may prepare, publish, and distribute such other
safety reports that it deems necessary or desirable.
``B. Annual Report of Operations
``37. The Commission shall make and publish an annual report on its
programs, operations, and finances, which shall be distributed in the
same manner provided by section 35.
``38. The Commission may also prepare, publish, and distribute such
other public reports and informational materials as it deems necessary
or desirable.
``C. Annual Independent Audit
``39. An independent annual audit shall be made of the financial
accounts of the Commission. The audit shall be made by qualified
certified public accountants selected by the Board, who shall have no
personal interest, direct or indirect, in the financial affairs of the
Commission or any of its officers or employees. The report of audit
shall be prepared in accordance with generally accepted auditing
principles and shall be distributed in the same manner provided by
section 35. Members, employees, agents, and contractors of the
Commission shall provide access to information necessary or desirable
for the conduct of the annual audit.
``D. Financing
``40. The Commission's operations shall be funded, independently of
WMATA, by the Signatory jurisdictions and, when available, by federal
funds. The Commission shall have no authority to levy taxes.
``41. The Signatories shall unanimously agree on adequate funding
levels for the Commission and make equal contributions of such funding,
subject to annual appropriation, to cover the portion of Commission
operations not funded by federal funds.
``42. The Commission may borrow up to 5% of its last annual
appropriations budget in anticipation of receipts, or as otherwise set
forth in the appropriations budget approved by all of the Signatories,
from any lawful lending institution for any purpose of this MSC
Compact, including, without limitation, for administrative expenses.
Such loans shall be for a term not to exceed 2 years, or at such longer
term approved by each Signatory pursuant to its laws as evidenced by
the written authorization by the Mayor of the District of Columbia and
the Governors of Maryland and Virginia, and at such rates of interest
as shall be acceptable to the Commission.
``43. With respect to the District of Columbia, the commitment or
obligation to render financial assistance to the Commission shall be
created, by appropriation or in such other manner, or by such other
legislation, as the District of Columbia shall determine; provided,
that any such commitment or obligation shall be approved by Congress
pursuant to the District of Columbia Home Rule Act, approved December
24, 1973 (87 Stat. 774; D.C. Official Code Sec. 1-201.01 et seq.).
``44. Pursuant to the requirements of 31 U.S.C. Sec. Sec. 1341,
1342, 1349 to 1351, and 1511 to 1519, and D.C. Official Code Sec. Sec.
47-105 and 47-355.01 to 355.08 (collectively, the `Anti-Deficiency
Acts'), the District cannot obligate itself to any financial commitment
in any present or future year unless the necessary funds to pay that
commitment have been appropriated and are lawfully available for the
purpose committed. Thus, pursuant to the Anti-Deficiency Acts, nothing
in the MSC Compact creates an obligation of the District in
anticipation of an appropriation for such purpose, and the District's
legal liability for the payment of any amount under this MSC Compact
does not and may not arise or obtain in advance of the lawful
availability of appropriated funds for the applicable fiscal year.
``E. Tax Exemption
``45. The exercise of the powers granted by this MSC Compact shall in
all respects be for the benefit of the people of the District of
Columbia, the Commonwealth of Virginia, and the State of Maryland and
for the increase of their safety, commerce, and prosperity, and as the
activities associated with this MSC Compact shall constitute the
performance of essential governmental functions, the Commission shall
not be required to pay any taxes or assessments upon the services or
any property acquired or used by the Commission under the provisions of
this MSC Compact or upon the income therefrom, and shall at all times
be free from taxation within the District of Columbia, the Commonwealth
of Virginia, and the State of Maryland.
``F. Reconsideration of Commission Orders
``46. WMATA shall have the right to petition the Commission for
reconsideration of an order based on rules and procedures developed by
the Commission.
``47. Consistent with section 16, the filing of a petition for
reconsideration shall not act as a stay upon the execution of a
Commission order, or any part of it, unless the Commission orders
otherwise. WMATA may appeal any adverse action on a petition for
reconsideration as set forth in section 48.
``G. Judicial Matters
``48. The United States District Court for the Eastern District of
Virginia, Alexandria Division, the United States District Court for the
District of Maryland, Southern Division, and the United States District
Court for the District of Columbia shall have exclusive and original
jurisdiction of all actions brought by or against the Commission and to
enforce subpoenas under this MSC Compact.
``49. The commencement of a judicial proceeding shall not operate as
a stay of a Commission order unless specifically ordered by the court.
``H. Liability and Indemnification
``50. The Commission and its Members, Alternate Members, officers,
agents, employees, or representatives shall not be liable for suit or
action or for any judgment or decree for damages, loss, or injury
resulting from action taken within the scope of their employment or
duties under this MSC Compact, nor required in any case arising or any
appeal taken under this MSC Compact to give a supersedeas bond or
security for damages. Nothing in this paragraph shall be construed to
protect such person from suit or liability for damage, loss, injury, or
liability caused by the intentional or willful and wanton misconduct of
such person.
``51. The Commission shall be liable for its contracts and for its
torts and those of its Members, Alternate Members, officers, agents,
employees, and representatives committed in the conduct of any
proprietary function, in accordance with the law of the applicable
Signatory (including, without limitation, rules on conflict of laws)
but shall not be liable for any torts occurring in the performance of a
governmental function. The exclusive remedy for such breach of contract
or tort for which the Commission shall be liable, as herein provided,
shall be by suit against the Commission. Nothing contained in this MSC
Compact shall be construed as a waiver by the District of Columbia, the
Commonwealth of Virginia, or the State of Maryland of any immunity from
suit.
``I. Commitment of Parties
``52. Each of the Signatories pledges to each other faithful
cooperation in providing safety oversight for the WMATA Rail System,
and, to affect such purposes, agrees to consider in good faith and
request any necessary legislation to achieve the objectives of this MSC
Compact.
``J. Amendments and Supplements
``53. Amendments and supplements to this MSC Compact shall be adopted
by legislative action of each of the Signatories and the consent of
Congress. When one Signatory adopts an amendment or supplement to an
existing section of this MSC Compact, that amendment or supplement
shall not be immediately effective, and the previously enacted
provision or provisions shall remain in effect in each jurisdiction
until the amendment or supplement is approved by the other Signatories
and is consented to by Congress.
``K. Withdrawal and Termination
``54. Any Signatory may withdraw from this MSC Compact, which action
shall constitute a termination of this MSC Compact.
``55. Withdrawal from this MSC Compact shall be by a Signatory's
repeal of this MSC Compact from its laws, but such repeal shall not
take effect until 2 years after the effective date of the repealed
statute and written notice of the withdrawal being given by the
withdrawing Signatory to the governors or mayor, as appropriate, of the
other Signatories.
``56. Prior to termination of this MSC Compact, the Commission shall
provide each Signatory:
``(a) A mechanism for concluding the operations of the
Commission;
``(b) A proposal to maintain state safety oversight of the
WMATA Rail System in compliance with applicable federal law;
``(c) A plan to hold surplus funds in a trust for a successor
regulatory entity for 4 years after the termination of this MSC
Compact; and
``(d) A plan to return any surplus funds that remain 4 years
after the creation of the trust.
``L. Construction and Severability
``57. This MSC Compact shall be liberally construed to effectuate the
purposes for which it is created.
``58. If any part or provision of this MSC Compact or the application
thereof to any person or circumstances be adjudged invalid by any court
of competent jurisdiction, such judgment shall be confined in its
operation to the part, provision, or application directly involved in
the controversy in which such judgment shall have been rendered and
shall not affect or impair the validity of the remainder of this MSC
Compact or the application thereof to other persons or circumstances,
and the Signatories hereby declare that they would have entered into
this MSC Compact or the remainder thereof had the invalidity of such
provision or application thereof been apparent.
``M. Adoption; Effective Date
``59. This MSC Compact shall be adopted by the Signatories in the
manner provided by law therefor and shall be signed and sealed in 4
duplicate original copies. One such copy shall be filed with the
Secretary of State of the State of Maryland, the Secretary of the
Commonwealth of Virginia, and the Secretary of the District of Columbia
in accordance with the laws of each jurisdiction. One copy shall be
filed and retained in the archives of the Commission upon its
organization. This MSC Compact shall become effective upon the
enactment of concurring legislation by the District of Columbia, the
Commonwealth of Virginia, and the State of Maryland, and consent
thereto by Congress and when all other acts or actions have been taken,
including, without limitation, the signing and execution of this MSC
Compact by the Governors of Maryland and Virginia and the Mayor of the
District of Columbia.
``N. Conflict of Laws
``60. Any conflict between any authority granted herein, or the
exercise of such authority, and the provisions of the WMATA Compact
shall be resolved in favor of the exercise of such authority by the
Commission.
``61. All other general or special laws inconsistent with this MSC
Compact are hereby declared to be inapplicable to the Commission or its
activities.''.
right to alter, amend, or repeal
Sec. 2. The right to alter, amend, or repeal this joint resolution is
expressly reserved. The consent granted by this joint resolution shall
not be construed as impairing or in any manner affecting any right or
jurisdiction of the United States in and over the region that forms the
subject of the Compact.
construction and severability
Sec. 3. It is intended that the provisions of this Compact shall be
reasonably and liberally construed to effectuate the purposes thereof.
If any part or application of this Compact, or legislation enabling the
Compact, is held invalid, the remainder of the Compact or its
application to other situations or persons shall not be affected.
inconsistency of language
Sec. 4. The validity of this Compact shall not be affected by any
insubstantial differences in its form or language as adopted by the
State of Maryland, the Commonwealth of Virginia, and the District of
Columbia.
effective date
Sec. 5. This joint resolution shall take effect on the date of
enactment of this joint resolution.
Purpose and Summary
The purpose of H.J. Res. 76 is to give Congress' approval
to the Metrorail Safety Commission Interstate Compact, a new
interstate compact entered into by the Commonwealth of
Virginia, the State of Maryland and the District of Columbia.
Background and Need for the Legislation
The Washington Metropolitan Area Transit Authority (WMATA)
serves public transit needs throughout the Washington
metropolitan area. In recent years, the federal government has
provided increased funding for WMATA to effectuate safety
improvements. Nevertheless, safety issues in the system have
continued. For example, during the 2000s, the National
Transportation Safety Board (NTSB) investigated six WMATA
incidents, including the 2009 collision of two trains near the
Fort Totten Station that killed nine people. The NTSB
attributed the 2009 incident to numerous causes, including: (1)
WMATA's failure to ensure that a test, which would have
identified a faulty circuit, was used system wide; (2) WMATA's
lack of a ``safety culture''; (3) WMATA's failure effectively
to maintain and monitor its automatic train control system's
performance; (4) a contractor's failure to provide a
maintenance plan to detect spurious signals that could cause
WMATA's track circuit modules to malfunction; (5) the WMATA
Board of Directors' ineffective safety oversight; (6) WMATA's
Tri-State Oversight Committee's ineffective oversight and lack
of safety oversight authority; and (7) lack of statutory
authority for the Federal Transit Administration (FTA) to
provide federal safety oversight. More recently, on January 12,
2015, a train with about 400 passengers on board encountered
heavy smoke in the tunnel between L'Enfant Plaza and the
Potomac River Bridge and lost power to a third rail. During
this incident, one passenger died and 91 were injured as they
waited to be rescued. The NTSB identified as causes for the
incident: (1) ``the failure of WMATA senior management to
proactively assess and mitigate foreseeable safety risks''; (2)
``inadequate safety oversight by the Tri-State Oversight
Committee and the Federal Transit Administration''; (3)
``WMATA's failure to follow established procedures''; and (4)
``the District of Columbia Fire and Emergency Medical Services
Department's being unprepared to respond to a mass casualty
event on the WMATA underground system.''
To better address public transit safety needs, including
WMATA's, Congress included in the Moving Ahead for Progress in
the 21st Century Act (MAP-21; Pub. L. No. 112-141) and the
Fixing America's Surface Transportation Act (FAST Act; Pub. L.
No. 114-94) provisions strengthening the Federal Transit
Administration's safety oversight authority and related safety
requirements for public transit systems. Pursuant to these
acts, the WMATA jurisdictions of Virginia, Maryland and the
District of Columbia established, through a new ``Metrorail
Safety Commission Interstate Compact,'' a new Washington
Metrorail Safety Commission to act as the state safety
oversight authority for the WMATA system. The jurisdictions
completed in March 2017 their adoption by legislation of their
respective compact-entry 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 WMATA jurisdictions until
the new safety commission was established.
H.J. Res. 76 would grant Congress' approval to the
Metrorail Safety Commission Interstate Compact.
Hearings
The Committee on the Judiciary held no hearings on H.J.
Res. 76.
Committee Consideration
On June 14, 2017, the Committee met in open session and
ordered the joint resolution (H.J. Res. 76) favorably reported
with an amendment, by voice vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that there
were no recorded votes during the Committee's consideration of
H.J. Res. 76.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.J. Res. 76, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 14, 2017.
Hon. Bob Goodlatte, Chairman,
Committee on the Judiciary,
U.S. House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.J. Res. 76, joint
resolution granting the consent and approval of Congress for
the Commonwealth of Virginia, the State of Maryland, and the
District of Columbia to enter into a compact relating to the
establishment of the Washington Metrorail Safety Commission.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sarah Puro
who can be reached at 226-2860.
Sincerely,
Keith Hall.
Enclosure
cc:
Honorable John Conyers, Jr.
Ranking Member
H.J. Res. 76--Joint Resolution granting the consent and approval of
Congress for the Commonwealth of Virginia, the State of Maryland, and
the District of Columbia to enter into a compact relating to the
establishment of the Washington Metrorail Safety Commission
As ordered reported by the House Committee on Judiciary on June 14,
2017.
H.J. Res. 76 would grant Congressional consent to a compact
establishing a safety commission for the Washington
Metropolitan Area Transit Authority (WMATA). A Congressional
act is required for WMATA to establish a safety commission.
Based on information from WMATA and the Federal Transit
Administration (FTA), CBO anticipates that under H.J. Res. 76
WMATA would certify a safety oversight agency during fiscal
year 2018.
Establishing this commission would bring WMATA into
compliance with federal law that requires an independent agency
to oversee safety at the transit authority. The FTA currently
serves as the entity responsible for safety oversight of the
agency and will continue to do so until the compact is approved
and the FTA certifies that WMATA is able to provide safety
oversight that complies with FTA guidelines. In fiscal year
2016, the FTA spent about $6 million on safety activities for
WMATA and will continue to incur similar costs until the WMATA
oversight program is certified, CBO estimates. Thus,
implementing the bill would decrease discretionary costs for
the FTA by about $6 million a year.
In addition, the FTA is prohibiting the states of Virginia
and Maryland and the District of Columbia from obligating about
$15 million that was provided in 2017 until WMATA establishes a
safety commission. Spending for transportation programs funded
from the Highway Trust Fund is controlled by annual limitations
on obligations contained in appropriations acts. Section 160 of
the Consolidated Appropriations Act, 2017 directed that funds
for FTA programs covered by the 2017 obligation limitation
(including the $15 million mentioned above) will remain
available for obligation through 2022. Upon certification, CBO
expects that the $15 million would become available and would
subsequently be spent over the 2018-2024 period. Because
enacting this joint resolution would effectively make that $15
million available, those outlays would increase direct
spending. Therefore, pay-as-you-go procedures apply.
Enacting H.J. Res. 76 would not affect revenues. The bill's
direct spending effects are shown in the following table.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.J. RES. 76, AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON THE JUDICIARY ON JUNE 14, 2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------------------------------------------------------
2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2017-2022 2017-2027
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE IN THE DEFICIT
Statutory Pay-As-You-Go Impact....................... 0 2 4 4 2 1 1 1 0 0 0 13 15
--------------------------------------------------------------------------------------------------------------------------------------------------------
CBO estimates that enacting H.J. Res. 76 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
H.J. Res. 76 contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act
and would benefit Virginia, Maryland, and the District of
Columbia by approving the establishment of the Washington
Metrorail Safety Commission. Any costs incurred by those
entities would result from conditions of federal assistance.
The CBO staff contacts for this estimate are Sarah Puro
(for federal costs) and Jon Sperl (for intergovernmental
mandates). The estimate was approved by H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
Duplication of Federal Programs
No provision of H.J. Res. 76 establishes or reauthorizes a
program of the Federal government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that H.J. Res. 76 specifically
directs to be completed no specific rule makings within the
meaning of 5 U.S.C. Sec. 551.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.J.
Res. 76 grants Congress' approval to the Metrorail Safety
Interstate Compact, facilitating safety and safety oversight
improvements to the Washington Metropolitan Area Transit
Authority's Metrorail system.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.J. Res. 76 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Section 1. Consent and Approval of Congress. Section 1 sets
forth the consent and approval of Congress for the Metrorail
Safety Commission Interstate Compact, the provisions of which
are then reproduced in the section as follows:
Art. I: Definitions. Article I sets forth numerous
definitions employed in the compact.
Art. II: Purpose and Functions. Article II sets forth the
compact's purpose as the creation of the Washington Metrorail
Safety Commission, to ``have safety regulatory and enforcement
authority over the WMATA Rail System and . . . act as the state
safety oversight authority for WMATA under 49 U.S.C. 5329.''
The article further specifies that the Commission shall:
(a) ``[h]ave exclusive safety oversight authority and
responsibility over the WMATA Rail System . . .
including, without limitation, the power to restrict,
suspend, or prohibit rail service on all or part of the
WMATA Rail System;''
(b) ``[d]evelop and adopt a written state safety
oversight program standard;''
(c) ``[r]eview and approve the WMATA Public
Transportation Agency Safety Plan;''
(d) ``[i]nvestigate hazards, incidents, and accidents
on the WMATA Rail System;''
(e) ``[r]equire, review, approve, oversee, and
enforce Corrective Action Plans developed by WMATA;''
and
(f) ``[m]eet other requirements of federal and State
law relating to safety oversight of the WMATA Rail
System.''
Art. III. Establishment and Organization of the Commission.
Article III establishes the Commission and sets forth its
numerous organizational parameters.
Art. IV. Powers. Article IV sets forth the Commission's
safety oversight and general powers, consistent with the
purposes specified in Article II.
Art. V. General Provisions. Article V sets forth numerous
general provisions for the Commission and concerning the
compact, including with regard to annual safety reports,
operations reports and audits, financing, and other matters of
Commission and compact administration.
Sec. 2. Right to Alter, Amend or Repeal. Section 2
expressly reserves Congress' right to alter, amend, or repeal
the joint resolution and provides that Congress' consent to the
compact shall not be construed to impair or affect Congress'
authority in and over the region forming the subject of the
compact.
Sec. 3. Construction and Severability. Section 3 provides a
liberal rule of construction for the compact and a rule of
severability to apply if one or more provisions of the compact
or its enabling legislation are held invalid.
Sec. 4. Inconsistency of Language. Section 4 provides that
the compact's validity shall not be affected by insubstantial
differences in its form or language as adopted by the separate
WMATA jurisdictions.
Sec. 5. Effective Date. Section 5 provides that the
resolution shall be effective upon its enactment.
[all]