IIA 

115TH CONGRESS 

1ST SESSION S. J. RES. 22 

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. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 15, 2017 

Mr. KAINE (for himself, Mr. WARNER, Mr. CARDIN, and Mr. VAN HOLLEN) 

introduced the following joint resolution; which was read twice and referred to the Committee on the Judiciary 

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; 


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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 

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 repVerDate Sep 11 2014 00:54 Feb 16, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\SJ22.IS SJ22

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1 resentatives of the District of Columbia, the Common2 wealth of Virginia, and the State of Maryland: 

3 ‘‘ARTICLE I 

4 ‘‘DEFINITIONS 

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

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

7 unless the context clearly requires a different meaning. 

8 Capitalized terms used herein, but not otherwise defined 

9 in this MSC Compact, shall have the definitions set forth 

10 in regulations issued under section 5329 of title 49, 

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

12 time. 

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

14 member of the Board; 

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

16 the Commission; 

17 ‘‘(c) ‘Commission’ means the Washington Met18 rorail Safety Commission; 

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

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

21 Metrorail Safety Commission Interstate Compact; 

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

23 means the comprehensive agency safety plan for a 

24 rail transit agency required by section 5329 of title 

25 49, United States Code, and the regulations issued 


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1 thereunder, as may be amended or revised from time 

2 to time; 

3 ‘‘(g) ‘Public Transportation Safety Certification 

4 Training Program’ means the Federal certification 

5 training program, as established and amended from 

6 time to time by applicable Federal laws and regula7 tions, for Federal and State employees, or other des8 ignated personnel, who conduct safety audits and ex9 aminations of public transportation systems, and 

10 employees of public transportation agencies directly 

11 responsible for safety oversight; 

12 ‘‘(h) ‘Safety Sensitive Position’ means any posi13 tion held by a WMATA employee or contractor des14 ignated in the Public Transportation Agency Safety 

15 Plan for the WMATA Rail System and approved by 

16 the Commission as directly or indirectly affecting the 

17 safety of the passengers or employees of the 

18 WMATA Rail System; 

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

20 the Commonwealth of Virginia, and the District of 

21 Columbia; 

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

23 of Columbia, the State of Maryland, or the Com24 monwealth of Virginia; 


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1 ‘‘(k) ‘Washington Metropolitan Area Transit 

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

3 WMATA Compact, which entity is responsible for 

4 providing certain rail fixed guideway public trans5 portation system services; 

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

7 Metropolitan Area Transit Authority Compact (Pub8 lic Law 89–774; 80 Stat. 1324); and 

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

10 means the rail fixed guideway public transportation 

11 system and all other real and personal property 

12 owned, leased, operated, or otherwise used by 

13 WMATA rail services and shall include WMATA rail 

14 projects under design or construction by owners 

15 other than WMATA. 

16 ‘‘ARTICLE II 

17 ‘‘PURPOSE AND FUNCTIONS 

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

19 adopt this MSC Compact pursuant to section 5329 of title 

20 49, United States Code. The Commission created here21 under shall have safety regulatory and enforcement au22 thority over the WMATA Rail System and shall act as 

23 the State safety oversight authority for WMATA under 

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


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

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

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

4 a State safety oversight authority for the WMATA Rail 

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

6 common agency of each Signatory, empowered in the man7 ner hereinafter set forth to review, approve, oversee, and 

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

9 without limitation, to— 

10 ‘‘(a) have exclusive safety oversight authority 

11 and responsibility over the WMATA Rail System 

12 pursuant to Federal law, including, without limita13 tion, the power to restrict, suspend, or prohibit rail 

14 service on all or part of the WMATA Rail System 

15 as set forth in this MSC Compact; 

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

17 oversight program standard; 

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

19 Transportation Agency Safety Plan; 

20 ‘‘(d) investigate hazards, incidents, and acci21 dents on the WMATA Rail System; 

22 ‘‘(e) require, review, approve, oversee, and en23 force Corrective Action Plans developed by WMATA; 

24 and 


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

2 State law relating to safety oversight of the 

3 WMATA Rail System. 

4 ‘‘ARTICLE III 

5 ‘‘ESTABLISHMENT AND ORGANIZATION 

6 ‘‘A. Washington Metrorail Safety Commission 

7 ‘‘4. The Commission is hereby created as an instru8 mentality of each Signatory, which shall be a public body 

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

10 duties set forth in this MSC Compact. 

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

12 independent from WMATA. 

13 ‘‘B. Board Membership 

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

15 of 6 Members with 2 Members appointed or reappointed 

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

17 pursuant to the Signatory’s applicable laws. 

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

19 (including to fill an unexpired term) one Alternate Mem20 ber pursuant to the Signatory’s applicable laws. 

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

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

23 Members appointed from the same jurisdiction as the Al24 ternate Member’s appointing jurisdiction and, in such in25 stances, may cast a single vote. 


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1 ‘‘9. Members and Alternate Members shall have back2 grounds in transit safety, transportation, relevant engi3 neering disciplines, or public finance. 

4 ‘‘10. No Member or Alternate Member shall simulta5 neously hold an elected public office, serve on the WMATA 

6 board of directors, be employed by WMATA, or be a con7 tractor to WMATA. 

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

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

10 terms, except that each Signatory shall make its initial 

11 appointments as follows: 

12 ‘‘(a) One Member shall be appointed for a 4- 

13 year term. 

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

15 year term. 

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

17 for a 3-year term. 

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

19 serve for the unexpired term. 

20 ‘‘13. Members and Alternate Members shall be enti21 tled to reimbursement for reasonable and necessary ex22 penses and shall be compensated for each day spent meet23 ing on the business of the Commission at a rate of $200 

24 per day or at such other rate as may be adjusted in appro25 priations approved by all of the Signatories. 


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1 ‘‘14. A Member or an Alternate Member may be re2 moved or suspended from office only for cause in accord3 ance with the laws of such Member’s or Alternate Mem4 ber’s appointing jurisdiction. 

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

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

7 the affirmative vote of 4 Members is required for action 

8 of the Board. Quorum and voting requirements under this 

9 section may be met with one or more Alternate Members 

10 pursuant to section 8. 

11 ‘‘16. The Commission action shall become effective 

12 upon enactment unless otherwise provided for by the Com13 mission. 

14 ‘‘D. Oath of Office 

15 ‘‘17. Before entering office, each Member and Alter16 nate Member shall take and subscribe to the following 

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

18 affirmation as the constitution or laws of the Signatory 

19 he or she represents shall provide: 

20 ‘‘I, lllllllllll, hereby solemnly 

21 swear (or affirm) that I will support and defend the Con22 stitution and the laws of the United States as a Member 

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

24 Metrorail Safety Commission and will faithfully discharge 

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


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1 ‘‘E. Organization and Procedure 

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

3 and procedure. Meetings of the Board shall be held as fre4 quently as the Board determines, but in no event less than 

5 quarterly. The Board shall keep minutes of its meetings 

6 and establish rules and regulations governing its trans7 actions and internal affairs, including, without limitation, 

8 policies regarding records retention that are not in conflict 

9 with applicable Federal record retention laws. 

10 ‘‘19. The Commission shall keep commercially rea11 sonable records of its financial transactions in accordance 

12 with accounting principles generally accepted in the 

13 United States of America. 

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

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

16 the Commission. 

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

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

19 United States Code (commonly known as the ‘Freedom 

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

21 States Code (commonly known as the ‘Government in 

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

23 time, as its freedom of information policy and open meet24 ing policy, respectively, and shall not be subject to the 

25 comparable laws or policies of any Signatory. 


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

2 the Board shall be made publicly available. 

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

4 of interest that shall be consistent with the regulations 

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

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

7 other things, places appropriate separation between Mem8 bers, officers, employees, contractors, and agents of the 

9 Commission and WMATA. 

10 ‘‘24. The Commission shall adopt and utilize its own 

11 administrative procedure and procurement policies in con12 formance with applicable Federal regulations and shall not 

13 be subject to the administrative procedure or procurement 

14 laws of any Signatory. 

15 ‘‘F. Officers and Employees 

16 ‘‘25. The Board shall elect a Chairman, Vice Chair17 man, Secretary, and Treasurer from among its Members, 

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

19 and duties. 

20 ‘‘26. The Board shall appoint and fix the compensa21 tion and benefits of a chief executive officer who shall be 

22 the chief administrative officer of the Commission and who 

23 shall have expertise in transportation safety and one or 

24 more industry-recognized transportation safety certifi25 cations. 


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

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

3 Commission may employ, under the direction of the chief 

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

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

6 basis as it determines necessary or desirable for the dis7 charge of its duties. 

8 ‘‘28. The Commission shall not be bound by any stat9 ute or regulation of any Signatory in the employment or 

10 discharge of any officer or employee of the Commission, 

11 but shall develop its own policies in compliance with Fed12 eral law. The MSC shall, however, consider the laws of 

13 the Signatories in devising its employment and discharge 

14 policies, and when it deems it practical, devise policies con15 sistent with the laws of the Signatories. 

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

17 qualification, appointment, removal, term, tenure, com18 pensation benefits, worker’s compensation, pension, and 

19 retirement rights of its employees subject to Federal law. 

20 The Board may also establish a personnel system based 

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

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

23 plans of any Signatory or agency or political subdivision 

24 thereof. 


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1 ‘‘ARTICLE IV 

2 ‘‘POWERS 

3 ‘‘A. Safety Oversight Power. 

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

5 through its Board or designated employees or agents, 

6 shall, consistent with Federal law— 

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

8 State Safety Oversight Program; 

9 ‘‘(b) review, approve, oversee, and enforce the 

10 adoption and implementation of WMATA’s Public 

11 Transportation Agency Safety Plan; 

12 ‘‘(c) require, review, approve, oversee, and en13 force the adoption and implementation of any Cor14 rective Action Plans that the Commission deems ap15 propriate; 

16 ‘‘(d) implement and enforce relevant Federal 

17 and State laws and regulations relating to safety of 

18 the WMATA Rail System; and 

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

20 WMATA with WMATA’s Public Transportation 

21 Agency Safety Plan or conduct such an audit on an 

22 ongoing basis over a 3-year time frame. 

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

24 through its Board or designated employees or agents, may 

25 do the following: 


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1 ‘‘(a) Conduct, or cause to be conducted, inspec2 tions, investigations, examinations, and testing of 

3 WMATA personnel and contractors, property, equip4 ment, facilities, rolling stock, and operations of the 

5 WMATA Rail System, including, without limitation, 

6 electronic information and databases through rea7 sonable means, which may include issuance of sub8 poenas. 

9 ‘‘(b) Enter upon the WMATA Rail System and, 

10 upon reasonable notice and a finding by the chief ex11 ecutive officer that a need exists, upon any lands, 

12 waters, and premises adjacent to the WMATA Rail 

13 System, including, without limitation, property 

14 owned or occupied by the Federal Government, for 

15 the purpose of making inspections, investigations, 

16 examinations, and testing as the Commission may 

17 deem necessary to carry out the purposes of this 

18 MSC Compact, and such entry shall not be deemed 

19 a trespass. The Commission shall make reasonable 

20 reimbursement for any actual damage resulting to 

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

22 result of such activities. 

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

24 Corrective Action Plan or order of the Commission 


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1 by such means as the Commission deems appro2 priate, including, without limitation, by— 

3 ‘‘(1) taking legal action in a court of com4 petent jurisdiction; 

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

6 going into an escrow account for spending by 

7 WMATA on Commission-directed safety meas8 ures; 

9 ‘‘(3) directing WMATA to prioritize spend10 ing on safety-critical items; 

11 ‘‘(4) removing a specific vehicle, infrastruc12 ture element, or hazard from the WMATA Rail 

13 System; and 

14 ‘‘(5) compelling WMATA to restrict, sus15 pend, or prohibit rail service on all or part of 

16 the WMATA Rail System with an appropriate 

17 notice period dictated by the circumstances. 

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

19 from performing in any Safety Sensitive Position an 

20 individual who is alleged to or has violated safety 

21 rules, regulations, policies, or laws. 

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

23 General, created under WMATA Board Resolution 

24 2006–18, or any successor WMATA office or organi25 zation having similar duties, to conduct safety-reVerDate Sep 11 2014 00:54 Feb 16, 2017 Jkt 069200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\SJ22.IS SJ22

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1 lated audits or investigations and to provide its find2 ings to the Commission. 

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

4 may deem appropriate consistent with its purpose 

5 and powers. 

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

7 require the unanimous vote of all Members present and 

8 voting. The Commission shall coordinate its enforcement 

9 activities with appropriate Federal and State govern10 mental authorities. 

11 ‘‘B. General Powers 

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

13 above, the Commission may— 

14 ‘‘(a) sue and be sued; 

15 ‘‘(b) adopt, amend, and repeal rules and regula16 tions respecting the exercise of the powers conferred 

17 by this MSC Compact; 

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

19 and positions (other than those specifically provided 

20 for in this MSC Compact) necessary or desirable for 

21 the purposes of the Commission; 

22 ‘‘(d) determine a staffing level for the Commis23 sion that is commensurate with the size and com24 plexity of the WMATA Rail System, and require 

25 that employees and other designated personnel of 


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1 the Commission, who are responsible for safety over2 sight, be qualified to perform such functions through 

3 appropriate training, including, without limitation, 

4 successful completion of the Public Transportation 

5 Safety Certification Training Program; 

6 ‘‘(e) contract for or employ consulting attor7 neys, inspectors, engineers, and such other experts 

8 necessary or desirable and, within the limitations 

9 prescribed in this MSC Compact, prescribe their 

10 powers and duties and fix their compensation; 

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

12 and agreements necessary or desirable in the per13 formance of its duties and in the execution of the 

14 powers granted under this MSC Compact; 

15 ‘‘(g) apply for, receive, and accept such pay16 ments, appropriations, grants, gifts, loans, advances, 

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

18 transferred or made available to it by the United 

19 States government or any other public or private en20 tity or individual, subject to the limitations specified 

21 in section 42; 

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

23 at its pleasure; 

24 ‘‘(i) adopt and amend by-laws, policies, and pro25 cedures governing the regulation of its affairs; 


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

2 and 

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

4 for the performance of its duties and the execution 

5 of its powers under this MSC Compact. 

6 ‘‘34. Consistent with this MSC Compact, the Com7 mission shall promulgate rules and regulations to carry 

8 out the purposes of this MSC Compact. 

9 ‘‘ARTICLE V 

10 ‘‘GENERAL PROVISIONS 

11 ‘‘A. Annual Safety Report 

12 ‘‘35. The Commission shall make and publish annu13 ally a status report on the safety of the WMATA Rail Sys14 tem, which shall include, among other requirements estab15 lished by the Commission and Federal law, status updates 

16 of outstanding Corrective Action Plans, Commission direc17 tives, and on-going investigations. A copy of each such re18 port shall be provided to— 

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

20 Administration; 

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

22 Maryland, and the Mayor of the District of Colum23 bia; 

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

25 of Columbia; 


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

2 the Speaker of the Maryland House of Delegates; 

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

4 the Speaker of the Virginia House of Delegates; and 

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

6 the board of directors of WMATA. 

7 ‘‘36. The Commission may prepare, publish, and dis8 tribute such other safety reports that it deems necessary 

9 or desirable. 

10 ‘‘B. Annual Report of Operations 

11 ‘‘37. The Commission shall make and publish an an12 nual report on its programs, operations, and finances, 

13 which shall be distributed in the same manner provided 

14 by section 35. 

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

16 distribute such other public reports and informational ma17 terials as it deems necessary or desirable. 

18 ‘‘C. Annual Independent Audit 

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

20 the financial accounts of the Commission. The audit shall 

21 be made by qualified certified public accountants selected 

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

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

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

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1 ing principles and shall be distributed in the same manner 

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

3 contractors of the Commission shall provide access to in4 formation necessary or desirable for the conduct of the 

5 annual audit. 

6 ‘‘D. Financing 

7 ‘‘40. The Commission’s operations shall be funded, 

8 independently of WMATA, by the Signatory jurisdictions 

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

10 shall have no authority to levy taxes. 

11 ‘‘41. The Signatories shall unanimously agree on ade12 quate funding levels for the Commission and make equal 

13 contributions of such funding, subject to annual appro14 priation, to cover the portion of Commission operations 

15 not funded by Federal funds. 

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

17 of its last annual appropriations budget in anticipation of 

18 receipts, or as otherwise set forth in the appropriations 

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

20 lending institution for any purpose of this MSC Compact, 

21 including, without limitation, for administrative expenses. 

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

23 at such longer term approved by each Signatory pursuant 

24 to its laws as evidenced by the written authorization by 

25 the Mayor of the District of Columbia and the Governors 


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

2 as shall be acceptable to the Commission. 

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

4 commitment or obligation to render financial assistance to 

5 the Commission shall be created, by appropriation or in 

6 such other manner, or by such other legislation, as the 

7 District of Columbia shall determine; provided, that any 

8 such commitment or obligation shall be approved by Con9 gress pursuant to the District of Columbia Home Rule Act 

10 (Public Law 93–198; 87 Stat. 774). 

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

12 1342, 1349, 1350, 1351, 1511, and 1519 of title 31, 

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

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

15 to in this section as the ‘Anti-Deficiency Acts’), the Dis16 trict of Columbia cannot obligate itself to any financial 

17 commitment in any present or future year unless the nec18 essary funds to pay that commitment have been appro19 priated and are lawfully available for the purpose com20 mitted. Thus, pursuant to the Anti-Deficiency Acts, noth21 ing in the MSC Compact creates an obligation of the Dis22 trict of Columbia in anticipation of an appropriation for 

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

24 for the payment of any amount under this MSC Compact 

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


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1 lawful availability of appropriated funds for the applicable 

2 fiscal year. 

3 ‘‘E. Tax Exemption 

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

5 Compact shall in all respects be for the benefit of the peo6 ple of the District of Columbia, the Commonwealth of Vir7 ginia, and the State of Maryland and for the increase of 

8 their safety, commerce, and prosperity, and as the activi9 ties associated with this MSC Compact shall constitute the 

10 performance of essential governmental functions, the 

11 Commission shall not be required to pay any taxes or as12 sessments upon the services or any property acquired or 

13 used by the Commission under the provisions of this MSC 

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

15 times be free from taxation within the District of Colum16 bia, the Commonwealth of Virginia, and the State of 

17 Maryland. 

18 ‘‘F. Reconsideration of Commission Orders 

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

20 Commission for reconsideration of an order based on rules 

21 and procedures developed by the Commission. 

22 ‘‘47. Consistent with section 16, the filing of a peti23 tion for reconsideration shall not act as a stay upon the 

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

25 the Commission orders otherwise. WMATA may appeal 


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1 any adverse action on a petition for reconsideration as set 

2 forth in section 48. 

3 ‘‘G. Judicial Matters 

4 ‘‘48. The United States District Court for the East5 ern District of Virginia, Alexandria Division, the United 

6 States District Court for the District of Maryland, South7 ern Division, and the United States District Court for the 

8 District of Columbia shall have exclusive and original ju9 risdiction of all actions brought by or against the Commis10 sion and to enforce subpoenas under this MSC Compact. 

11 ‘‘49. The commencement of a judicial proceeding 

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

13 specifically ordered by the court. 

14 ‘‘H. Liability and Indemnification 

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

16 Members, officers, agents, employees, or representatives 

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

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

19 taken within the scope of their employment or duties 

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

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

22 supersedeas bond or security for damages. Nothing in this 

23 section shall be construed to protect such person from suit 

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


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1 the intentional or willful and wanton misconduct of such 

2 person. 

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

4 and for its torts and those of its Members, Alternate Mem5 bers, officers, agents, employees, and representatives com6 mitted in the conduct of any proprietary function, in ac7 cordance with the law of the applicable Signatory (includ8 ing, without limitation, rules on conflict of laws) but shall 

9 not be liable for any torts occurring in the performance 

10 of a governmental function. The exclusive remedy for such 

11 breach of contract or tort for which the Commission shall 

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

13 Commission. Nothing contained in this MSC Compact 

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

15 the Commonwealth of Virginia, or the State of Maryland 

16 of any immunity from suit. 

17 ‘‘I. Commitment of Parties 

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

19 faithful cooperation in providing safety oversight for the 

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

21 to consider in good faith and request any necessary legisla22 tion to achieve the objectives of this MSC Compact. 

23 ‘‘J. Amendments and Supplements 

24 ‘‘53. Amendments and supplements to this MSC 

25 Compact shall be adopted by legislative action of each of 


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1 the Signatories and the consent of Congress. When one 

2 Signatory adopts an amendment or supplement to an ex3 isting section of this MSC Compact, that amendment or 

4 supplement shall not be immediately effective, and the pre5 viously enacted provision or provisions shall remain in ef6 fect in each jurisdiction until the amendment or supple7 ment is approved by the other Signatories and is con8 sented to by Congress. 

9 ‘‘K. Withdrawal and Termination 

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

11 Compact, which action shall constitute a termination of 

12 this MSC Compact. 

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

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

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

16 the effective date of the repealed statute and written no17 tice of the withdrawal being given by the withdrawing Sig18 natory to the governors or mayor, as appropriate, of the 

19 other Signatories. 

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

21 Commission shall provide each Signatory— 

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

23 of the Commission; 


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1 ‘‘(b) a proposal to maintain State safety over2 sight of the WMATA Rail System in compliance 

3 with applicable Federal law; 

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

5 a successor regulatory entity for 4 years after the 

6 termination of this MSC Compact; and 

7 ‘‘(d) a plan to return any surplus funds that re8 main 4 years after the creation of the trust. 

9 ‘‘L. Construction and Severability 

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

11 to effectuate the purposes for which it is created. 

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

13 or the application thereof to any person or circumstances 

14 be adjudged invalid by any court of competent jurisdiction, 

15 such judgment shall be confined in its operation to the 

16 part, provision, or application directly involved in the con17 troversy in which such judgment shall have been rendered 

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

19 of this MSC Compact or the application thereof to other 

20 persons or circumstances, and the Signatories hereby de21 clare that they would have entered into this MSC Compact 

22 or the remainder thereof had the invalidity of such provi23 sion or application thereof been apparent. 

24 ‘‘M. Adoption; Effective Date 


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1 ‘‘59. This MSC Compact shall be adopted by the Sig2 natories in the manner provided by law therefor and shall 

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

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

5 State of Maryland, the Secretary of the Commonwealth 

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

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

8 shall be filed and retained in the archives of the Commis9 sion upon its organization. This MSC Compact shall be10 come effective upon the enactment of concurring legisla11 tion by the District of Columbia, the Commonwealth of 

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

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

14 taken, including, without limitation, the signing and exe15 cution of this MSC Compact by the Governors of Mary16 land and Virginia and the Mayor of the District of Colum17 bia. 

18 ‘‘L. Conflict of Laws 

19 ‘‘60. Any conflict between any authority granted 

20 herein, or the exercise of such authority, and the provi21 sions of the WMATA Compact shall be resolved in favor 

22 of the exercise of such authority by the Commission. 


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

2 with this MSC Compact are hereby declared to be inappli3 cable to the Commission or its activities.’’. 

Æ 


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