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[115th Congress Public Law 54]
[From the U.S. Government Publishing Office]

[[Page 131 STAT. 1093]]

Public Law 115-54
115th Congress

                            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. <<NOTE: Aug. 22, 2017 -  [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: Now, therefore, be it

    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:

[[Page 131 STAT. 1094]]

                               ``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.

[[Page 131 STAT. 1095]]

                              ``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.

[[Page 131 STAT. 1096]]

    ``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) <<NOTE: Appointment.>> 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. <<NOTE: Effective date.>> 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.

[[Page 131 STAT. 1097]]

    ``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:

[[Page 131 STAT. 1098]]

    ``(a) Adopt, revise, and distribute a written State Safety Oversight 
Program;
    ``(b) <<NOTE: Review.>> Review, approve, oversee, and enforce the 
adoption and implementation of WMATA's Public Transportation Agency 
Safety Plan;

    ``(c) <<NOTE: Review.>> 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) <<NOTE: Audit. Time period.>> 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.

[[Page 131 STAT. 1099]]

    ``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. <<NOTE: Regulations.>> 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;

[[Page 131 STAT. 1100]]

            ``(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. <<NOTE: Loans.>> 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. <<NOTE: Time period.>> 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,

[[Page 131 STAT. 1101]]

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

[[Page 131 STAT. 1102]]

suit or liability for damage, loss, injury, or liability caused by the 
intentional or willful and wanton misconduct of such person.
    ``51. <<NOTE: Contracts.>> 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. <<NOTE: Time period. Notice.>> 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. <<NOTE: Plans.>> Prior to termination of this MSC Compact, the 
Commission shall provide each Signatory:
            ``(a) A mechanism for concluding the operations of the 
        Commission;
            ``(b) <<NOTE: Proposal.>> 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

[[Page 131 STAT. 1103]]

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.

[[Page 131 STAT. 1104]]

                             effective date

    Sec. 5. This joint resolution shall take effect on the date of 
enactment of this joint resolution.

    Approved August 22, 2017.

LEGISLATIVE HISTORY--H.J. Res. 76 (S.J. Res. 22):
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HOUSE REPORTS: No. 115-227 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 163 (2017):
            July 17, considered and passed House.
            Aug. 4, considered and passed Senate pursuant to a 
                unanimous-consent agreement on Aug. 3.

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