115TH CONGRESS 

1ST SESSION S. J. RES. 22 

JOINT RESOLUTION 

Granting the consent and approval of Congress to 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. 

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 section 5329 of title 49, United States Code, 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 
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Washington Metrorail Safety Commission to act as the 

State safety oversight authority for the Washington Metropolitan Area Transit Authority system under section 

5329 of title 49, United States Code; 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 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 That the consent and approval of Congress is hereby given 

4 to the District of Columbia, the Commonwealth of Vir5 ginia, and the State of Maryland to enter into a compact, 

6 substantially as follows, for the safety oversight of the 

7 Washington Metropolitan Area Transit Authority system, 

8 which compact, known as the Metrorail Safety Commis9 sion Interstate Compact, has been negotiated by rep10 resentatives of the District of Columbia, the Common11 wealth of Virginia, and the State of Maryland: 

12 ‘‘ARTICLE I 

13 ‘‘DEFINITIONS 

14 ‘‘1. As used in this MSC Compact, the following 

15 words and terms shall have the meanings set forth below, 

16 unless the context clearly requires a different meaning. 

17 Capitalized terms used herein, but not otherwise defined 

18 in this MSC Compact, shall have the definitions set forth 
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1 in regulations issued under section 5329 of title 49, 

2 United States Code, as they may be revised from time to 

3 time. 

4 ‘‘(a) ‘Alternate Member’ means an alternate 

5 member of the Board; 

6 ‘‘(b) ‘Board’ means the board of directors of 

7 the Commission; 

8 ‘‘(c) ‘Commission’ means the Washington Met9 rorail Safety Commission; 

10 ‘‘(d) ‘Member’ means a member of the Board; 

11 ‘‘(e) ‘MSC Compact’ means this Washington 

12 Metrorail Safety Commission Interstate Compact; 

13 ‘‘(f) ‘Public Transportation Agency Safety Plan’ 

14 means the comprehensive agency safety plan for a 

15 rail transit agency required by section 5329 of title 

16 49, United States Code, and the regulations issued 

17 thereunder, as may be amended or revised from time 

18 to time; 

19 ‘‘(g) ‘Public Transportation Safety Certification 

20 Training Program’ means the Federal certification 

21 training program, as established and amended from 

22 time to time by applicable Federal laws and regula23 tions, for Federal and State employees, or other des24 ignated personnel, who conduct safety audits and ex25 aminations of public transportation systems, and 
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1 employees of public transportation agencies directly 

2 responsible for safety oversight; 

3 ‘‘(h) ‘Safety Sensitive Position’ means any posi4 tion held by a WMATA employee or contractor des5 ignated in the Public Transportation Agency Safety 

6 Plan for the WMATA Rail System and approved by 

7 the Commission as directly or indirectly affecting the 

8 safety of the passengers or employees of the 

9 WMATA Rail System; 

10 ‘‘(i) ‘Signatory’ means the State of Maryland, 

11 the Commonwealth of Virginia, and the District of 

12 Columbia; 

13 ‘‘(j) ‘State’ or ‘jurisdiction’ means the District 

14 of Columbia, the State of Maryland, or the Com15 monwealth of Virginia; 

16 ‘‘(k) ‘Washington Metropolitan Area Transit 

17 Authority’ or ‘WMATA’ is the entity created by the 

18 WMATA Compact, which entity is responsible for 

19 providing certain rail fixed guideway public trans20 portation system services; 

21 ‘‘(l) ‘WMATA Compact’ means the Washington 

22 Metropolitan Area Transit Authority Compact (Pub23 lic Law 89–774; 80 Stat. 1324); and 

24 ‘‘(m) ‘WMATA Rail System’ or ‘Metrorail’ 

25 means the rail fixed guideway public transportation 
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1 system and all other real and personal property 

2 owned, leased, operated, or otherwise used by 

3 WMATA rail services and shall include WMATA rail 

4 projects under design or construction by owners 

5 other than WMATA. 

6 ‘‘ARTICLE II 

7 ‘‘PURPOSE AND FUNCTIONS 

8 ‘‘2. The Signatories to the WMATA Compact hereby 

9 adopt this MSC Compact pursuant to section 5329 of title 

10 49, United States Code. The Commission created here11 under shall have safety regulatory and enforcement au12 thority over the WMATA Rail System and shall act as 

13 the State safety oversight authority for WMATA under 

14 section 5329 of title 49, United States Code, as may be 

15 amended from time to time. WMATA shall be subject to 

16 the Commission’s rules, regulations, actions, and orders. 

17 ‘‘3. The purpose of this MSC Compact is to create 

18 a State safety oversight authority for the WMATA Rail 

19 System, pursuant to the mandate of Federal law, as a 

20 common agency of each Signatory, empowered in the man21 ner hereinafter set forth to review, approve, oversee, and 

22 enforce the safety of the WMATA Rail System, including, 

23 without limitation, to— 

24 ‘‘(a) have exclusive safety oversight authority 

25 and responsibility over the WMATA Rail System 
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1 pursuant to Federal law, including, without limita2 tion, the power to restrict, suspend, or prohibit rail 

3 service on all or part of the WMATA Rail System 

4 as set forth in this MSC Compact; 

5 ‘‘(b) develop and adopt a written State safety 

6 oversight program standard; 

7 ‘‘(c) review and approve the WMATA Public 

8 Transportation Agency Safety Plan; 

9 ‘‘(d) investigate hazards, incidents, and acci10 dents on the WMATA Rail System; 

11 ‘‘(e) require, review, approve, oversee, and en12 force Corrective Action Plans developed by WMATA; 

13 and 

14 ‘‘(f) meet other requirements of Federal and 

15 State law relating to safety oversight of the 

16 WMATA Rail System. 

17 ‘‘ARTICLE III 

18 ‘‘ESTABLISHMENT AND ORGANIZATION 

19 ‘‘A. Washington Metrorail Safety Commission 

20 ‘‘4. The Commission is hereby created as an instru21 mentality of each Signatory, which shall be a public body 

22 corporate and politic, and which shall have the powers and 

23 duties set forth in this MSC Compact. 

24 ‘‘5. The Commission shall be financially and legally 

25 independent from WMATA. 
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1 ‘‘B. Board Membership 

2 ‘‘6. The Commission shall be governed by a Board 

3 of 6 Members with 2 Members appointed or reappointed 

4 (including to fill an unexpired term) by each Signatory 

5 pursuant to the Signatory’s applicable laws. 

6 ‘‘7. Each Signatory shall also appoint or reappoint 

7 (including to fill an unexpired term) one Alternate Mem8 ber pursuant to the Signatory’s applicable laws. 

9 ‘‘8. An Alternate Member shall participate and take 

10 action as a Member only in the absence of one or both 

11 Members appointed from the same jurisdiction as the Al12 ternate Member’s appointing jurisdiction and, in such in13 stances, may cast a single vote. 

14 ‘‘9. Members and Alternate Members shall have back15 grounds in transit safety, transportation, relevant engi16 neering disciplines, or public finance. 

17 ‘‘10. No Member or Alternate Member shall simulta18 neously hold an elected public office, serve on the WMATA 

19 board of directors, be employed by WMATA, or be a con20 tractor to WMATA. 

21 ‘‘11. Each Member and Alternate Member shall serve 

22 a 4-year term and may be reappointed for additional 

23 terms, except that each Signatory shall make its initial 

24 appointments as follows: 
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1 ‘‘(a) One Member shall be appointed for a 4- 

2 year term. 

3 ‘‘(b) One Member shall be appointed for a 2- 

4 year term. 

5 ‘‘(c) The Alternate Member shall be appointed 

6 for a 3-year term. 

7 ‘‘12. Any person appointed to fill a vacancy shall 

8 serve for the unexpired term. 

9 ‘‘13. Members and Alternate Members shall be enti10 tled to reimbursement for reasonable and necessary ex11 penses and shall be compensated for each day spent meet12 ing on the business of the Commission at a rate of $200 

13 per day or at such other rate as may be adjusted in appro14 priations approved by all of the Signatories. 

15 ‘‘14. A Member or an Alternate Member may be re16 moved or suspended from office only for cause in accord17 ance with the laws of such Member’s or Alternate Mem18 ber’s appointing jurisdiction. 

19 ‘‘C. Quorum and Actions of the Board. 

20 ‘‘15. Four Members shall constitute a quorum, and 

21 the affirmative vote of 4 Members is required for action 

22 of the Board. Quorum and voting requirements under this 

23 section may be met with one or more Alternate Members 

24 pursuant to section 8. 
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1 ‘‘16. The Commission action shall become effective 

2 upon enactment unless otherwise provided for by the Com3 mission. 

4 ‘‘D. Oath of Office 

5 ‘‘17. Before entering office, each Member and Alter6 nate Member shall take and subscribe to the following 

7 oath (or affirmation) of office or any such other oath or 

8 affirmation as the constitution or laws of the Signatory 

9 he or she represents shall provide: 

10 ‘‘I, lllllllllll, hereby solemnly 

11 swear (or affirm) that I will support and defend the Con12 stitution and the laws of the United States as a Member 

13 (or Alternate Member) of the Board of the Washington 

14 Metrorail Safety Commission and will faithfully discharge 

15 the duties of the office upon which I am about to enter. 

16 ‘‘E. Organization and Procedure 

17 ‘‘18. The Board shall provide for its own organization 

18 and procedure. Meetings of the Board shall be held as fre19 quently as the Board determines, but in no event less than 

20 quarterly. The Board shall keep minutes of its meetings 

21 and establish rules and regulations governing its trans22 actions and internal affairs, including, without limitation, 

23 policies regarding records retention that are not in conflict 

24 with applicable Federal record retention laws. 
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1 ‘‘19. The Commission shall keep commercially rea2 sonable records of its financial transactions in accordance 

3 with accounting principles generally accepted in the 

4 United States of America. 

5 ‘‘20. The Commission shall establish an office for the 

6 conduct of its affairs at a location to be determined by 

7 the Commission. 

8 ‘‘21. The Commission shall adopt subsections (a) 

9 through (d) and subsection (g) of section 552 of title 5, 

10 United States Code (commonly known as the ‘Freedom 

11 of Information Act’) and section 552b of title 5, United 

12 States Code (commonly known as the ‘Government in 

13 Sunshine Act’), as both may be amended from time to 

14 time, as its freedom of information policy and open meet15 ing policy, respectively, and shall not be subject to the 

16 comparable laws or policies of any Signatory. 

17 ‘‘22. Reports of investigations or inquiries adopted by 

18 the Board shall be made publicly available. 

19 ‘‘23. The Commission shall adopt a policy on conflict 

20 of interest that shall be consistent with the regulations 

21 issued under section 5329 of title 49, United States Code, 

22 as they may be revised from time to time, which, among 

23 other things, places appropriate separation between Mem24 bers, officers, employees, contractors, and agents of the 

25 Commission and WMATA. 
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1 ‘‘24. The Commission shall adopt and utilize its own 

2 administrative procedure and procurement policies in con3 formance with applicable Federal regulations and shall not 

4 be subject to the administrative procedure or procurement 

5 laws of any Signatory. 

6 ‘‘F. Officers and Employees 

7 ‘‘25. The Board shall elect a Chairman, Vice Chair8 man, Secretary, and Treasurer from among its Members, 

9 each for a 2-year term and shall prescribe their powers 

10 and duties. 

11 ‘‘26. The Board shall appoint and fix the compensa12 tion and benefits of a chief executive officer who shall be 

13 the chief administrative officer of the Commission and who 

14 shall have expertise in transportation safety and one or 

15 more industry-recognized transportation safety certifi16 cations. 

17 ‘‘27. Consistent with section 5329 of title 49, United 

18 States Code, as may be amended from time to time, the 

19 Commission may employ, under the direction of the chief 

20 executive officer, such other technical, legal, clerical, and 

21 other employees on a regular, part-time, or as-needed 

22 basis as it determines necessary or desirable for the dis23 charge of its duties. 

24 ‘‘28. The Commission shall not be bound by any stat25 ute or regulation of any Signatory in the employment or 
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1 discharge of any officer or employee of the Commission, 

2 but shall develop its own policies in compliance with Fed3 eral law. The MSC shall, however, consider the laws of 

4 the Signatories in devising its employment and discharge 

5 policies, and when it deems it practical, devise policies con6 sistent with the laws of the Signatories. 

7 ‘‘29. The Board may fix and provide policies for the 

8 qualification, appointment, removal, term, tenure, com9 pensation benefits, worker’s compensation, pension, and 

10 retirement rights of its employees subject to Federal law. 

11 The Board may also establish a personnel system based 

12 on merit and fitness and, subject to eligibility, participate 

13 in the pension, retirement, and worker’s compensation 

14 plans of any Signatory or agency or political subdivision 

15 thereof. 

16 ‘‘ARTICLE IV 

17 ‘‘POWERS 

18 ‘‘A. Safety Oversight Power. 

19 ‘‘30. In carrying out its purposes, the Commission, 

20 through its Board or designated employees or agents, 

21 shall, consistent with Federal law— 

22 ‘‘(a) adopt, revise, and distribute a written 

23 State Safety Oversight Program; 
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1 ‘‘(b) review, approve, oversee, and enforce the 

2 adoption and implementation of WMATA’s Public 

3 Transportation Agency Safety Plan; 

4 ‘‘(c) require, review, approve, oversee, and en5 force the adoption and implementation of any Cor6 rective Action Plans that the Commission deems ap7 propriate; 

8 ‘‘(d) implement and enforce relevant Federal 

9 and State laws and regulations relating to safety of 

10 the WMATA Rail System; and 

11 ‘‘(e) audit every 3 years the compliance of 

12 WMATA with WMATA’s Public Transportation 

13 Agency Safety Plan or conduct such an audit on an 

14 ongoing basis over a 3-year time frame. 

15 ‘‘31. In performing its duties, the Commission, 

16 through its Board or designated employees or agents, may 

17 do the following: 

18 ‘‘(a) Conduct, or cause to be conducted, inspec19 tions, investigations, examinations, and testing of 

20 WMATA personnel and contractors, property, equip21 ment, facilities, rolling stock, and operations of the 

22 WMATA Rail System, including, without limitation, 

23 electronic information and databases through rea24 sonable means, which may include issuance of sub25 poenas. 
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1 ‘‘(b) Enter upon the WMATA Rail System and, 

2 upon reasonable notice and a finding by the chief ex3 ecutive officer that a need exists, upon any lands, 

4 waters, and premises adjacent to the WMATA Rail 

5 System, including, without limitation, property 

6 owned or occupied by the Federal Government, for 

7 the purpose of making inspections, investigations, 

8 examinations, and testing as the Commission may 

9 deem necessary to carry out the purposes of this 

10 MSC Compact, and such entry shall not be deemed 

11 a trespass. The Commission shall make reasonable 

12 reimbursement for any actual damage resulting to 

13 any such adjacent lands, waters, and premises as a 

14 result of such activities. 

15 ‘‘(c) Compel WMATA’s compliance with any 

16 Corrective Action Plan or order of the Commission 

17 by such means as the Commission deems appro18 priate, including, without limitation, by— 

19 ‘‘(1) taking legal action in a court of com20 petent jurisdiction; 

21 ‘‘(2) issuing citations or fines with funds 

22 going into an escrow account for spending by 

23 WMATA on Commission-directed safety meas24 ures; 
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1 ‘‘(3) directing WMATA to prioritize spend2 ing on safety-critical items; 

3 ‘‘(4) removing a specific vehicle, infrastruc4 ture element, or hazard from the WMATA Rail 

5 System; and 

6 ‘‘(5) compelling WMATA to restrict, sus7 pend, or prohibit rail service on all or part of 

8 the WMATA Rail System with an appropriate 

9 notice period dictated by the circumstances. 

10 ‘‘(d) Direct WMATA to suspend or disqualify 

11 from performing in any Safety Sensitive Position an 

12 individual who is alleged to or has violated safety 

13 rules, regulations, policies, or laws. 

14 ‘‘(e) Compel WMATA’s Office of the Inspector 

15 General, created under WMATA Board Resolution 

16 2006–18, or any successor WMATA office or organi17 zation having similar duties, to conduct safety-re18 lated audits or investigations and to provide its find19 ings to the Commission. 

20 ‘‘(f) Take such other actions as the Commission 

21 may deem appropriate consistent with its purpose 

22 and powers. 

23 ‘‘32. Action by the Board under section 31(c)(5) shall 

24 require the unanimous vote of all Members present and 

25 voting. The Commission shall coordinate its enforcement 
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1 activities with appropriate Federal and State govern2 mental authorities. 

3 ‘‘B. General Powers 

4 ‘‘33. In addition to the powers and duties set forth 

5 above, the Commission may— 

6 ‘‘(a) sue and be sued; 

7 ‘‘(b) adopt, amend, and repeal rules and regula8 tions respecting the exercise of the powers conferred 

9 by this MSC Compact; 

10 ‘‘(c) create and abolish offices, employments, 

11 and positions (other than those specifically provided 

12 for in this MSC Compact) necessary or desirable for 

13 the purposes of the Commission; 

14 ‘‘(d) determine a staffing level for the Commis15 sion that is commensurate with the size and com16 plexity of the WMATA Rail System, and require 

17 that employees and other designated personnel of 

18 the Commission, who are responsible for safety over19 sight, be qualified to perform such functions through 

20 appropriate training, including, without limitation, 

21 successful completion of the Public Transportation 

22 Safety Certification Training Program; 

23 ‘‘(e) contract for or employ consulting attor24 neys, inspectors, engineers, and such other experts 

25 necessary or desirable and, within the limitations 
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1 prescribed in this MSC Compact, prescribe their 

2 powers and duties and fix their compensation; 

3 ‘‘(f) enter into and perform contracts, leases, 

4 and agreements necessary or desirable in the per5 formance of its duties and in the execution of the 

6 powers granted under this MSC Compact; 

7 ‘‘(g) apply for, receive, and accept such pay8 ments, appropriations, grants, gifts, loans, advances, 

9 and other funds, properties, and services as may be 

10 transferred or made available to it by the United 

11 States government or any other public or private en12 tity or individual, subject to the limitations specified 

13 in section 42; 

14 ‘‘(h) adopt an official seal and alter the same 

15 at its pleasure; 

16 ‘‘(i) adopt and amend by-laws, policies, and pro17 cedures governing the regulation of its affairs; 

18 ‘‘(j) appoint one or more advisory committees; 

19 and 

20 ‘‘(k) do such other acts necessary or desirable 

21 for the performance of its duties and the execution 

22 of its powers under this MSC Compact. 

23 ‘‘34. Consistent with this MSC Compact, the Com24 mission shall promulgate rules and regulations to carry 

25 out the purposes of this MSC Compact. 
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1 ‘‘ARTICLE V 

2 ‘‘GENERAL PROVISIONS 

3 ‘‘A. Annual Safety Report 

4 ‘‘35. The Commission shall make and publish annu5 ally a status report on the safety of the WMATA Rail Sys6 tem, which shall include, among other requirements estab7 lished by the Commission and Federal law, status updates 

8 of outstanding Corrective Action Plans, Commission direc9 tives, and on-going investigations. A copy of each such re10 port shall be provided to— 

11 ‘‘(a) the Administrator of the Federal Transit 

12 Administration; 

13 ‘‘(b) the Governor of Virginia, the Governor of 

14 Maryland, and the Mayor of the District of Colum15 bia; 

16 ‘‘(c) the Chairman of the Council of the District 

17 of Columbia; 

18 ‘‘(d) the President of the Maryland Senate and 

19 the Speaker of the Maryland House of Delegates; 

20 ‘‘(e) the President of the Virginia Senate and 

21 the Speaker of the Virginia House of Delegates; and 

22 ‘‘(f) the General Manager and each member of 

23 the board of directors of WMATA. 
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1 ‘‘36. The Commission may prepare, publish, and dis2 tribute such other safety reports that it deems necessary 

3 or desirable. 

4 ‘‘B. Annual Report of Operations 

5 ‘‘37. The Commission shall make and publish an an6 nual report on its programs, operations, and finances, 

7 which shall be distributed in the same manner provided 

8 by section 35. 

9 ‘‘38. The Commission may also prepare, publish, and 

10 distribute such other public reports and informational ma11 terials as it deems necessary or desirable. 

12 ‘‘C. Annual Independent Audit 

13 ‘‘39. An independent annual audit shall be made of 

14 the financial accounts of the Commission. The audit shall 

15 be made by qualified certified public accountants selected 

16 by the Board, who shall have no personal interest, direct 

17 or indirect, in the financial affairs of the Commission or 

18 any of its officers or employees. The report of audit shall 

19 be prepared in accordance with generally accepted audit20 ing principles and shall be distributed in the same manner 

21 provided by section 35. Members, employees, agents, and 

22 contractors of the Commission shall provide access to in23 formation necessary or desirable for the conduct of the 

24 annual audit. 

25 ‘‘D. Financing 
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1 ‘‘40. The Commission’s operations shall be funded, 

2 independently of WMATA, by the Signatory jurisdictions 

3 and, when available, by Federal funds. The Commission 

4 shall have no authority to levy taxes. 

5 ‘‘41. The Signatories shall unanimously agree on ade6 quate funding levels for the Commission and make equal 

7 contributions of such funding, subject to annual appro8 priation, to cover the portion of Commission operations 

9 not funded by Federal funds. 

10 ‘‘42. The Commission may borrow up to 5 percent 

11 of its last annual appropriations budget in anticipation of 

12 receipts, or as otherwise set forth in the appropriations 

13 budget approved by all of the Signatories, from any lawful 

14 lending institution for any purpose of this MSC Compact, 

15 including, without limitation, for administrative expenses. 

16 Such loans shall be for a term not to exceed 2 years, or 

17 at such longer term approved by each Signatory pursuant 

18 to its laws as evidenced by the written authorization by 

19 the Mayor of the District of Columbia and the Governors 

20 of Maryland and Virginia, and at such rates of interest 

21 as shall be acceptable to the Commission. 

22 ‘‘43. With respect to the District of Columbia, the 

23 commitment or obligation to render financial assistance to 

24 the Commission shall be created, by appropriation or in 

25 such other manner, or by such other legislation, as the 
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1 District of Columbia shall determine; provided, that any 

2 such commitment or obligation shall be approved by Con3 gress pursuant to the District of Columbia Home Rule Act 

4 (Public Law 93–198; 87 Stat. 774). 

5 ‘‘44. Pursuant to the requirements of sections 1341, 

6 1342, 1349, 1350, 1351, 1511, and 1519 of title 31, 

7 United States Code, and sections 47–105 and 47–355.01 

8 to 355.08 of the D.C. Official Code (collectively referred 

9 to in this section as the ‘Anti-Deficiency Acts’), the Dis10 trict of Columbia cannot obligate itself to any financial 

11 commitment in any present or future year unless the nec12 essary funds to pay that commitment have been appro13 priated and are lawfully available for the purpose com14 mitted. Thus, pursuant to the Anti-Deficiency Acts, noth15 ing in the MSC Compact creates an obligation of the Dis16 trict of Columbia in anticipation of an appropriation for 

17 such purpose, and the District of Columbia’s legal liability 

18 for the payment of any amount under this MSC Compact 

19 does not and may not arise or obtain in advance of the 

20 lawful availability of appropriated funds for the applicable 

21 fiscal year. 

22 ‘‘E. Tax Exemption 

23 ‘‘45. The exercise of the powers granted by this MSC 

24 Compact shall in all respects be for the benefit of the peo25 ple of the District of Columbia, the Commonwealth of Vir-
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1 ginia, and the State of Maryland and for the increase of 

2 their safety, commerce, and prosperity, and as the activi3 ties associated with this MSC Compact shall constitute the 

4 performance of essential governmental functions, the 

5 Commission shall not be required to pay any taxes or as6 sessments upon the services or any property acquired or 

7 used by the Commission under the provisions of this MSC 

8 Compact or upon the income therefrom, and shall at all 

9 times be free from taxation within the District of Colum10 bia, the Commonwealth of Virginia, and the State of 

11 Maryland. 

12 ‘‘F. Reconsideration of Commission Orders 

13 ‘‘46. WMATA shall have the right to petition the 

14 Commission for reconsideration of an order based on rules 

15 and procedures developed by the Commission. 

16 ‘‘47. Consistent with section 16, the filing of a peti17 tion for reconsideration shall not act as a stay upon the 

18 execution of a Commission order, or any part of it, unless 

19 the Commission orders otherwise. WMATA may appeal 

20 any adverse action on a petition for reconsideration as set 

21 forth in section 48. 

22 ‘‘G. Judicial Matters 

23 ‘‘48. The United States District Court for the East24 ern District of Virginia, Alexandria Division, the United 

25 States District Court for the District of Maryland, South-
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1 ern Division, and the United States District Court for the 

2 District of Columbia shall have exclusive and original ju3 risdiction of all actions brought by or against the Commis4 sion and to enforce subpoenas under this MSC Compact. 

5 ‘‘49. The commencement of a judicial proceeding 

6 shall not operate as a stay of a Commission order unless 

7 specifically ordered by the court. 

8 ‘‘H. Liability and Indemnification 

9 ‘‘50. The Commission and its Members, Alternate 

10 Members, officers, agents, employees, or representatives 

11 shall not be liable for suit or action or for any judgment 

12 or decree for damages, loss, or injury resulting from action 

13 taken within the scope of their employment or duties 

14 under this MSC Compact, nor required in any case arising 

15 or any appeal taken under this MSC Compact to give a 

16 supersedeas bond or security for damages. Nothing in this 

17 section shall be construed to protect such person from suit 

18 or liability for damage, loss, injury, or liability caused by 

19 the intentional or willful and wanton misconduct of such 

20 person. 

21 ‘‘51. The Commission shall be liable for its contracts 

22 and for its torts and those of its Members, Alternate Mem23 bers, officers, agents, employees, and representatives com24 mitted in the conduct of any proprietary function, in ac25 cordance with the law of the applicable Signatory (includ-
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1 ing, without limitation, rules on conflict of laws) but shall 

2 not be liable for any torts occurring in the performance 

3 of a governmental function. The exclusive remedy for such 

4 breach of contract or tort for which the Commission shall 

5 be liable, as herein provided, shall be by suit against the 

6 Commission. Nothing contained in this MSC Compact 

7 shall be construed as a waiver by the District of Columbia, 

8 the Commonwealth of Virginia, or the State of Maryland 

9 of any immunity from suit. 

10 ‘‘I. Commitment of Parties 

11 ‘‘52. Each of the Signatories pledges to each other 

12 faithful cooperation in providing safety oversight for the 

13 WMATA Rail System, and, to affect such purposes, agrees 

14 to consider in good faith and request any necessary legisla15 tion to achieve the objectives of this MSC Compact. 

16 ‘‘J. Amendments and Supplements 

17 ‘‘53. Amendments and supplements to this MSC 

18 Compact shall be adopted by legislative action of each of 

19 the Signatories and the consent of Congress. When one 

20 Signatory adopts an amendment or supplement to an ex21 isting section of this MSC Compact, that amendment or 

22 supplement shall not be immediately effective, and the pre23 viously enacted provision or provisions shall remain in ef24 fect in each jurisdiction until the amendment or supple-
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1 ment is approved by the other Signatories and is con2 sented to by Congress. 

3 ‘‘K. Withdrawal and Termination 

4 ‘‘54. Any Signatory may withdraw from this MSC 

5 Compact, which action shall constitute a termination of 

6 this MSC Compact. 

7 ‘‘55. Withdrawal from this MSC Compact shall be by 

8 a Signatory’s repeal of this MSC Compact from its laws, 

9 but such repeal shall not take effect until 2 years after 

10 the effective date of the repealed statute and written no11 tice of the withdrawal being given by the withdrawing Sig12 natory to the governors or mayor, as appropriate, of the 

13 other Signatories. 

14 ‘‘56. Prior to termination of this MSC Compact, the 

15 Commission shall provide each Signatory— 

16 ‘‘(a) a mechanism for concluding the operations 

17 of the Commission; 

18 ‘‘(b) a proposal to maintain State safety over19 sight of the WMATA Rail System in compliance 

20 with applicable Federal law; 

21 ‘‘(c) a plan to hold surplus funds in a trust for 

22 a successor regulatory entity for 4 years after the 

23 termination of this MSC Compact; and 

24 ‘‘(d) a plan to return any surplus funds that re25 main 4 years after the creation of the trust. 
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1 ‘‘L. Construction and Severability 

2 ‘‘57. This MSC Compact shall be liberally construed 

3 to effectuate the purposes for which it is created. 

4 ‘‘58. If any part or provision of this MSC Compact 

5 or the application thereof to any person or circumstances 

6 be adjudged invalid by any court of competent jurisdiction, 

7 such judgment shall be confined in its operation to the 

8 part, provision, or application directly involved in the con9 troversy in which such judgment shall have been rendered 

10 and shall not affect or impair the validity of the remainder 

11 of this MSC Compact or the application thereof to other 

12 persons or circumstances, and the Signatories hereby de13 clare that they would have entered into this MSC Compact 

14 or the remainder thereof had the invalidity of such provi15 sion or application thereof been apparent. 

16 ‘‘M. Adoption; Effective Date 

17 ‘‘59. This MSC Compact shall be adopted by the Sig18 natories in the manner provided by law therefor and shall 

19 be signed and sealed in 4 duplicate original copies. One 

20 such copy shall be filed with the Secretary of State of the 

21 State of Maryland, the Secretary of the Commonwealth 

22 of Virginia, and the Secretary of the District of Columbia 

23 in accordance with the laws of each jurisdiction. One copy 

24 shall be filed and retained in the archives of the Commis25 sion upon its organization. This MSC Compact shall be-
27 

†SJ 22 ES 

1 come effective upon the enactment of concurring legisla2 tion by the District of Columbia, the Commonwealth of 

3 Virginia, and the State of Maryland, and consent thereto 

4 by Congress and when all other acts or actions have been 

5 taken, including, without limitation, the signing and exe6 cution of this MSC Compact by the Governors of Mary7 land and Virginia and the Mayor of the District of Colum8 bia. 

9 ‘‘L. Conflict of Laws 

10 ‘‘60. Any conflict between any authority granted 

11 herein, or the exercise of such authority, and the provi12 sions of the WMATA Compact shall be resolved in favor 

13 of the exercise of such authority by the Commission. 

14 ‘‘61. All other general or special laws inconsistent 

15 with this MSC Compact are hereby declared to be inappli16 cable to the Commission or its activities.’’. 

Passed the Senate May 16, 2017. 

Attest: 

Secretary. 
115TH CONGRESS 

1ST SESSION S. J. RES. 22 

JOINT RESOLUTION 

Granting the consent and approval of Congress to 

the Washington Metrorail Safety Commission. into a compact relating to the establishment of Maryland, and the District of Columbia to enter the Commonwealth of Virginia, the State of