IA 

115TH CONGRESS 

1ST SESSION H. J. RES. 76 

Granting the consent and approval of Congress for the Commonwealth of 

Virginia, the State of Maryland, and the District of Columbia to a 

enter into a compact relating to the establishment of the Washington 

Metrorail Safety Commission. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 16, 2017 

Mr. HOYER (for himself, Ms. NORTON, Mr. SARBANES, Mr. CONNOLLY, Mr. 

DELANEY, Mr. BEYER, Mr. BROWN of Maryland, Mr. RASKIN, and Mrs. 

COMSTOCK) submitted the following joint resolution; which was referred 

to the Committee on the Judiciary 

JOINT RESOLUTION 

Granting the consent and approval of Congress for the Commonwealth of Virginia, the State of Maryland, and the 

District of Columbia to a enter into a compact relating 

to the establishment of the Washington Metrorail Safety 

Commission. 

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; 


emcdonald on DSK9F6TC42PROD with BILLS
2 

•HJ 76 IH 

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. 

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 for the Commonwealth of Virginia, the State of Maryland, 

5 and the District of Columbia to enter into a compact for 

6 the safety oversight of the Washington Metropolitan Area 

7 Transit Authority Metrorail system (known as the Metro8 rail Safety Commission Interstate Compact), which has 


emcdonald on DSK9F6TC42PROD with BILLS
3 

•HJ 76 IH 

1 been negotiated by representatives of the State, the Com2 monwealth, and the District, substantially as follows: 

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 definition set forth 

10 in regulations issued under 49 U.S.C. § 5329, as they may 

11 be revised from time to time. 

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

13 member of the Board; 

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

15 the Commission; 

16 ‘‘(c) ‘Commission’ means the Washington Met17 rorail Safety Commission; 

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

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

20 Metrorail Safety Commission Interstate Compact; 

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

22 means the comprehensive agency safety plan for a 

23 rail transit agency required by 49 U.S.C. § 5329 

24 and the regulations issued thereunder, as may be 

25 amended or revised from time to time; 


emcdonald on DSK9F6TC42PROD with BILLS
4 

•HJ 76 IH 

1 ‘‘(g) ‘Public Transportation Safety Certification 

2 Training Program’ means the federal certification 

3 training program, as established and amended from 

4 time to time by applicable federal laws and regula5 tions, for federal and state employees, or other des6 ignated personnel, who conduct safety audits and ex7 aminations of public transportation systems, and 

8 employees of public transportation agencies directly 

9 responsible for safety oversight; 

10 ‘‘(h) ‘Safety Sensitive Position’ means any posi11 tion held by a WMATA employee or contractor des12 ignated in the Public Transportation Agency Safety 

13 Plan for the WMATA Rail System and approved by 

14 the Commission as directly or indirectly affecting the 

15 safety of the passengers or employees of the 

16 WMATA Rail System; 

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

18 the Commonwealth of Virginia, and the District of 

19 Columbia; 

20 ‘‘(j) ‘State’, ‘state’, or ‘jurisdiction’ means the 

21 District of Columbia, the State of Maryland, or the 

22 Commonwealth of Virginia; 

23 ‘‘(k) ‘Washington Metropolitan Area Transit 

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

25 WMATA Compact, which entity is responsible for 


emcdonald on DSK9F6TC42PROD with BILLS
5 

•HJ 76 IH 

1 providing certain rail fixed guideway public trans2 portation system services; 

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

4 Metropolitan Area Transit Authority Compact, ap5 proved November 6, 1966 (80 Stat. 1324; D.C. Offi6 cial Code § 9–1107.01 et seq.); and 

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

8 means the rail fixed guideway public transportation 

9 system and all other real and personal property 

10 owned, leased, operated, or otherwise used by 

11 WMATA rail services and shall include WMATA rail 

12 projects under design or construction by owners 

13 other than WMATA. 

14 ‘‘ARTICLE II 

15 ‘‘PURPOSE AND FUNCTIONS 

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

17 adopt this MSC Compact pursuant to 49 U.S.C. § 5329. 

18 The Commission created hereunder shall have safety regu19 latory and enforcement authority over the WMATA Rail 

20 System and shall act as the state safety oversight author21 ity for WMATA under 49 U.S.C. § 5329, as may be 

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

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

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

25 a state safety oversight authority for the WMATA Rail 


emcdonald on DSK9F6TC42PROD with BILLS
6 

•HJ 76 IH 

1 System, pursuant to the mandate of federal law, as a com2 mon agency of each Signatory, empowered in the manner 

3 hereinafter set forth to review, approve, oversee, and en4 force the safety of the WMATA Rail System, including, 

5 without limitation, to: 

6 ‘‘(a) Have exclusive safety oversight authority 

7 and responsibility over the WMATA Rail System 

8 pursuant to federal law, including, without limita9 tion, the power to restrict, suspend, or prohibit rail 

10 service on all or part of the WMATA Rail System 

11 as set forth in this MSC Compact; 

12 ‘‘(b) Develop and adopt a written state safety 

13 oversight program standard; 

14 ‘‘(c) Review and approve the WMATA Public 

15 Transportation Agency Safety Plan; 

16 ‘‘(d) Investigate hazards, incidents, and acci17 dents on the WMATA Rail System; 

18 ‘‘(e) Require, review, approve, oversee, and en19 force Corrective Action Plans developed by WMATA; 

20 and 

21 ‘‘(f) Meet other requirements of federal and 

22 State law relating to safety oversight of the 

23 WMATA Rail System. 


emcdonald on DSK9F6TC42PROD with BILLS
7 

•HJ 76 IH 

1 ‘‘ARTICLE III 

2 ‘‘ESTABLISHMENT AND ORGANIZATION 

3 ‘‘A. Washington Metrorail Safety Commission 

4 ‘‘4. The Commission is hereby created as an instru5 mentality of each Signatory, which shall be a public body 

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

7 duties set forth in this MSC Compact. 

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

9 independent from WMATA. 

10 ‘‘B. Board Membership 

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

12 of 6 Members with 2 Members appointed or reappointed 

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

14 pursuant to the Signatory’s applicable laws. 

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

16 (including to fill an unexpired term) one Alternate Mem17 ber pursuant to the Signatory’s applicable laws. 

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

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

20 Members appointed from the same jurisdiction as the Al21 ternate Member’s appointing jurisdiction and, in such in22 stances, may cast a single vote. 

23 ‘‘9. Members and Alternate Members shall have back24 grounds in transit safety, transportation, relevant engi25 neering disciplines, or public finance. 


emcdonald on DSK9F6TC42PROD with BILLS
8 

•HJ 76 IH 

1 ‘‘10. No Member or Alternate Member shall simulta2 neously hold an elected public office, serve on the WMATA 

3 board of directors, be employed by WMATA, or be a con4 tractor to WMATA. 

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

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

7 terms; except that, each Signatory shall make its initial 

8 appointments as follows: 

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

10 year term; 

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

12 year term; and 

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

14 for a 3-year term. 

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

16 serve for the unexpired term. 

17 ‘‘13. Members and Alternate Members shall be enti18 tled to reimbursement for reasonable and necessary ex19 penses and shall be compensated for each day spent meet20 ing on the business of the Commission at a rate of $200 

21 per day or at such other rate as may be adjusted in appro22 priations approved by all of the Signatories. 

23 ‘‘14. A Member or an Alternate Member may be re24 moved or suspended from office only for cause in accordVerDate Sep 11 2014 02:54 Feb 17, 2017 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\HJ76.IH HJ76

emcdonald on DSK9F6TC42PROD with BILLS
9 

•HJ 76 IH 

1 ance with the laws of such Member’s or Alternate Mem2 ber’s appointing jurisdiction. 

3 ‘‘C. Quorum and Actions of the Board 

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

5 the affirmative vote of 4 Members is required for action 

6 of the Board. Quorum and voting requirements under this 

7 paragraph may be met with one or more Alternate Mem8 bers pursuant to section 8. 

9 ‘‘16. The Commission action shall become effective 

10 upon enactment unless otherwise provided for by the Com11 mission. 

12 ‘‘D. Oath of Office 

13 ‘‘17. Before entering office, each Member and Alter14 nate Member shall take and subscribe to the following 

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

16 affirmation as the constitution or laws of the Signatory 

17 he or she represents shall provide: 

18 ‘‘I, lllllllllll, hereby solemnly 

19 swear (or affirm) that I will support and defend the Con20 stitution and the laws of the United States as a Member 

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

22 Metrorail Safety Commission and will faithfully discharge 

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

24 ‘‘E. Organization and Procedure 


emcdonald on DSK9F6TC42PROD with BILLS
10 

•HJ 76 IH 

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

2 and procedure. Meetings of the Board shall be held as fre3 quently as the Board determines, but in no event less than 

4 quarterly. The Board shall keep minutes of its meetings 

5 and establish rules and regulations governing its trans6 actions and internal affairs, including, without limitation, 

7 policies regarding records retention that are not in conflict 

8 with applicable federal record retention laws. 

9 ‘‘19. The Commission shall keep commercially rea10 sonable records of its financial transactions in accordance 

11 with accounting principles generally accepted in the 

12 United States of America. 

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

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

15 the Commission. 

16 ‘‘21. The Commission shall adopt 5 U.S.C. § 552(a)– 

17 (d) and (g), and 5 U.S.C. § 552b, as both may be amended 

18 from time to time, as its freedom-of-information policy 

19 and open-meeting policy, respectively, and shall not be 

20 subject to the comparable laws or policies of any Signa21 tory. 

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

23 the Board shall be made publicly available. 

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

25 of interest that shall be consistent with the regulations 


emcdonald on DSK9F6TC42PROD with BILLS
11 

•HJ 76 IH 

1 issued under 49 U.S.C. § 5329, as they may be revised 

2 from time to time, which, among other things, places ap3 propriate separation between Members, officers, employ4 ees, contractors, and agents of the Commission and 

5 WMATA. 

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

7 administrative procedure and procurement policies in con8 formance with applicable federal regulations and shall not 

9 be subject to the administrative procedure or procurement 

10 laws of any Signatory. 

11 ‘‘F. Officers and Employees 

12 ‘‘25. The Board shall elect a Chairman, Vice Chair13 man, Secretary, and Treasurer from among its Members, 

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

15 and duties. 

16 ‘‘26. The Board shall appoint and fix the compensa17 tion and benefits of a chief executive officer who shall be 

18 the chief administrative officer of the Commission and who 

19 shall have expertise in transportation safety and one or 

20 more industry-recognized transportation safety certifi21 cations. 

22 ‘‘27. Consistent with 49 U.S.C. § 5329, as may be 

23 amended from time to time, the Commission may employ, 

24 under the direction of the chief executive officer, such 

25 other technical, legal, clerical, and other employees on a 


emcdonald on DSK9F6TC42PROD with BILLS
12 

•HJ 76 IH 

1 regular, part-time, or as-needed basis as it determines nec2 essary or desirable for the discharge of its duties. 

3 ‘‘28. The Commission shall not be bound by any stat4 ute or regulation of any Signatory in the employment or 

5 discharge of any officer or employee of the Commission, 

6 but shall develop its own policies in compliance with fed7 eral law. The MSC shall, however, consider the laws of 

8 the Signatories in devising its employment and discharge 

9 policies, and when it deems it practical, devise policies con10 sistent with the laws of the Signatories. 

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

12 qualification, appointment, removal, term, tenure, com13 pensation benefits, worker’s compensation, pension, and 

14 retirement rights of its employees subject to federal law. 

15 The Board may also establish a personnel system based 

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

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

18 plans of any Signatory or agency or political subdivision 

19 thereof. 

20 ‘‘ARTICLE IV 

21 ‘‘POWERS 

22 ‘‘A. Safety Oversight Powers 

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

24 through its Board or designated employees or agents, 

25 shall, consistent with federal law: 


emcdonald on DSK9F6TC42PROD with BILLS
13 

•HJ 76 IH 

1 ‘‘(a) Adopt, revise, and distribute a written State 

2 Safety Oversight Program; 

3 ‘‘(b) Review, approve, oversee, and enforce the adop4 tion and implementation of WMATA’s Public Transpor5 tation Agency Safety Plan; 

6 ‘‘(c) Require, review, approve, oversee, and enforce 

7 the adoption and implementation of any Corrective Action 

8 Plans that the Commission deems appropriate; 

9 ‘‘(d) Implement and enforce relevant federal and 

10 State laws and regulations relating to safety of the 

11 WMATA Rail System; and 

12 ‘‘(e) Audit every 3 years the compliance of WMATA 

13 with WMATA’s Public Transportation Agency Safety 

14 Plan or conduct such an audit on an ongoing basis over 

15 a 3-year time frame. 

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

17 through its Board or designated employees or agents, may: 

18 ‘‘(a) Conduct, or cause to be conducted, inspections, 

19 investigations, examinations, and testing of WMATA per20 sonnel and contractors, property, equipment, facilities, 

21 rolling stock, and operations of the WMATA Rail System, 

22 including, without limitation, electronic information and 

23 databases through reasonable means, which may include 

24 issuance of subpoenas; 


emcdonald on DSK9F6TC42PROD with BILLS
14 

•HJ 76 IH 

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

2 reasonable notice and a finding by the chief executive offi3 cer that a need exists, upon any lands, waters, and prem4 ises adjacent to the WMATA Rail System, including, with5 out limitation, property owned or occupied by the federal 

6 government, for the purpose of making inspections, inves7 tigations, examinations, and testing as the Commission 

8 may deem necessary to carry out the purposes of this MSC 

9 Compact, and such entry shall not be deemed a trespass. 

10 The Commission shall make reasonable reimbursement for 

11 any actual damage resulting to any such adjacent lands, 

12 waters, and premises as a result of such activities; 

13 ‘‘(c) Compel WMATA’s compliance with any Correc14 tive Action Plan or order of the Commission by such 

15 means as the Commission deems appropriate, including, 

16 without limitation, by: 

17 ‘‘(1) Taking legal action in a court of com18 petent jurisdiction; 

19 ‘‘(2) Issuing citations or fines with funds going 

20 into an escrow account for spending by WMATA on 

21 Commission-directed safety measures; 

22 ‘‘(3) Directing WMATA to prioritize spending 

23 on safety-critical items; 


emcdonald on DSK9F6TC42PROD with BILLS
15 

•HJ 76 IH 

1 ‘‘(4) Removing a specific vehicle, infrastructure 

2 element, or hazard from the WMATA Rail System; 

3 and 

4 ‘‘(5) Compelling WMATA to restrict, suspend, 

5 or prohibit rail service on all or part of the WMATA 

6 Rail System with an appropriate notice period dic7 tated by the circumstances; 

8 ‘‘(d) Direct WMATA to suspend or disqualify from 

9 performing in any Safety Sensitive Position an individual 

10 who is alleged to or has violated safety rules, regulations, 

11 policies, or laws; 

12 ‘‘(e) Compel WMATA’s Office of the Inspector Gen13 eral, created under WMATA Board Resolution 2006–18, 

14 or any successor WMATA office or organization having 

15 similar duties, to conduct safety-related audits or inves16 tigations and to provide its findings to the Commission; 

17 and 

18 ‘‘(f) Take such other actions as the Commission may 

19 deem appropriate consistent with its purpose and powers. 

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

21 require the unanimous vote of all Members present and 

22 voting. The Commission shall coordinate its enforcement 

23 activities with appropriate federal and State governmental 

24 authorities. 

25 ‘‘B. General Powers 


emcdonald on DSK9F6TC42PROD with BILLS
16 

•HJ 76 IH 

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

2 above, the Commission may: 

3 ‘‘(a) Sue and be sued; 

4 ‘‘(b) Adopt, amend, and repeal rules and regulations 

5 respecting the exercise of the powers conferred by this 

6 MSC Compact; 

7 ‘‘(c) Create and abolish offices, employments, and po8 sitions (other than those specifically provided for in this 

9 MSC Compact) necessary or desirable for the purposes of 

10 the Commission; 

11 ‘‘(d) Determine a staffing level for the Commission 

12 that is commensurate with the size and complexity of the 

13 WMATA Rail System, and require that employees and 

14 other designated personnel of the Commission, who are re15 sponsible for safety oversight, be qualified to perform such 

16 functions through appropriate training, including, without 

17 limitation, successful completion of the Public Transpor18 tation Safety Certification Training Program; 

19 ‘‘(e) Contract for or employ consulting attorneys, in20 spectors, engineers, and such other experts necessary or 

21 desirable and, within the limitations prescribed in this 

22 MSC Compact, prescribe their powers and duties and fix 

23 their compensation; 

24 ‘‘(f) Enter into and perform contracts, leases, and 

25 agreements necessary or desirable in the performance of 


emcdonald on DSK9F6TC42PROD with BILLS
17 

•HJ 76 IH 

1 its duties and in the execution of the powers granted under 

2 this MSC Compact; 

3 ‘‘(g) Apply for, receive, and accept such payments, 

4 appropriations, grants, gifts, loans, advances, and other 

5 funds, properties, and services as may be transferred or 

6 made available to it by the United States government or 

7 any other public or private entity or individual, subject 

8 to the limitations specified in section 42; 

9 ‘‘(h) Adopt an official seal and alter the same at its 

10 pleasure; 

11 ‘‘(i) Adopt and amend by-laws, policies, and proce12 dures governing the regulation of its affairs; 

13 ‘‘(j) Appoint one or more advisory committees; and 

14 ‘‘(k) Do such other acts necessary or desirable for 

15 the performance of its duties and the execution of its pow16 ers under this MSC Compact. 

17 ‘‘34. Consistent with this MSC Compact, the Com18 mission shall promulgate rules and regulations to carry 

19 out the purposes of this MSC Compact. 

20 ‘‘ARTICLE V 

21 ‘‘GENERAL PROVISIONS 

22 ‘‘A. Annual Safety Report 

23 ‘‘35. The Commission shall make and publish annu24 ally a status report on the safety of the WMATA Rail Sys25 tem, which shall include, among other requirements estabVerDate Sep 11 2014 02:54 Feb 17, 2017 Jkt 069200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\HJ76.IH HJ76

emcdonald on DSK9F6TC42PROD with BILLS
18 

•HJ 76 IH 

1 lished by the Commission and federal law, status updates 

2 of outstanding Corrective Action Plans, Commission direc3 tives, and on-going investigations. A copy of each such re4 port shall be provided to: 

5 ‘‘(a) The Administrator of the Federal Transit 

6 Administration; 

7 ‘‘(b) The Governor of Virginia, the Governor of 

8 Maryland, and the Mayor of the District of Colum9 bia; 

10 ‘‘(c) The Chairman of the Council of the Dis11 trict of Columbia; 

12 ‘‘(d) The President of the Maryland Senate and 

13 the Speaker of the Maryland House of Delegates; 

14 ‘‘(e) The President of the Virginia Senate and 

15 the Speaker of the Virginia House of Delegates; and 

16 ‘‘(f) The General Manager and each member of 

17 the board of directors of WMATA. 

18 ‘‘36. The Commission may prepare, publish, and dis19 tribute such other safety reports that it deems necessary 

20 or desirable. 

21 ‘‘B. Annual Report of Operations 

22 ‘‘37. The Commission shall make and publish an an23 nual report on its programs, operations, and finances, 

24 which shall be distributed in the same manner provided 

25 by section 35. 


emcdonald on DSK9F6TC42PROD with BILLS
19 

•HJ 76 IH 

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

2 distribute such other public reports and informational ma3 terials as it deems necessary or desirable. 

4 ‘‘C. Annual Independent Audit 

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

6 the financial accounts of the Commission. The audit shall 

7 be made by qualified certified public accountants selected 

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

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

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

11 be prepared in accordance with generally accepted audit12 ing principles and shall be distributed in the same manner 

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

14 contractors of the Commission shall provide access to in15 formation necessary or desirable for the conduct of the 

16 annual audit. 

17 ‘‘D. Financing 

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

19 independently of WMATA, by the Signatory jurisdictions 

20 and, when available, by federal funds. The Commission 

21 shall have no authority to levy taxes. 

22 ‘‘41. The Signatories shall unanimously agree on ade23 quate funding levels for the Commission and make equal 

24 contributions of such funding, subject to annual approVerDate Sep 11 2014 02:54 Feb 17, 2017 Jkt 069200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\HJ76.IH HJ76

emcdonald on DSK9F6TC42PROD with BILLS
20 

•HJ 76 IH 

1 priation, to cover the portion of Commission operations 

2 not funded by federal funds. 

3 ‘‘42. The Commission may borrow up to 5% of its 

4 last annual appropriations budget in anticipation of re5 ceipts, or as otherwise set forth in the appropriations 

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

7 lending institution for any purpose of this MSC Compact, 

8 including, without limitation, for administrative expenses. 

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

10 at such longer term approved by each Signatory pursuant 

11 to its laws as evidenced by the written authorization by 

12 the Mayor of the District of Columbia and the Governors 

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

14 as shall be acceptable to the Commission. 

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

16 commitment or obligation to render financial assistance to 

17 the Commission shall be created, by appropriation or in 

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

19 District of Columbia shall determine; provided, that any 

20 such commitment or obligation shall be approved by Con21 gress pursuant to the District of Columbia Home Rule 

22 Act, approved December 24, 1973 (87 Stat. 774; D.C. Of23 ficial Code § 1–201.01 et seq.). 

24 ‘‘44. Pursuant to the requirements of 31 U.S.C. §§ 

25 1341, 1342, 1349 to 1351, and 1511 to 1519, and D.C. 


emcdonald on DSK9F6TC42PROD with BILLS
21 

•HJ 76 IH 

1 Official Code §§ 47–105 and 47–355.01 to 355.08 (collec2 tively, the ‘Anti-Deficiency Acts’), the District cannot obli3 gate itself to any financial commitment in any present or 

4 future year unless the necessary funds to pay that commit5 ment have been appropriated and are lawfully available 

6 for the purpose committed. Thus, pursuant to the Anti7 Deficiency Acts, nothing in the MSC Compact creates an 

8 obligation of the District in anticipation of an appropria9 tion for such purpose, and the District’s legal liability for 

10 the payment of any amount under this MSC Compact does 

11 not and may not arise or obtain in advance of the lawful 

12 availability of appropriated funds for the applicable fiscal 

13 year. 

14 ‘‘E. Tax Exemption 

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

16 Compact shall in all respects be for the benefit of the peo17 ple of the District of Columbia, the Commonwealth of Vir18 ginia, and the State of Maryland and for the increase of 

19 their safety, commerce, and prosperity, and as the activi20 ties associated with this MSC Compact shall constitute the 

21 performance of essential governmental functions, the 

22 Commission shall not be required to pay any taxes or as23 sessments upon the services or any property acquired or 

24 used by the Commission under the provisions of this MSC 

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


emcdonald on DSK9F6TC42PROD with BILLS
22 

•HJ 76 IH 

1 times be free from taxation within the District of Colum2 bia, the Commonwealth of Virginia, and the State of 

3 Maryland. 

4 ‘‘F. Reconsideration of Commission Orders 

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

6 Commission for reconsideration of an order based on rules 

7 and procedures developed by the Commission. 

8 ‘‘47. Consistent with section 16, the filing of a peti9 tion for reconsideration shall not act as a stay upon the 

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

11 the Commission orders otherwise. WMATA may appeal 

12 any adverse action on a petition for reconsideration as set 

13 forth in section 48. 

14 ‘‘G. Judicial Matters 

15 ‘‘48. The United States District Court for the East16 ern District of Virginia, Alexandria Division, the United 

17 States District Court for the District of Maryland, South18 ern Division, and the United States District Court for the 

19 District of Columbia shall have exclusive and original ju20 risdiction of all actions brought by or against the Commis21 sion and to enforce subpoenas under this MSC Compact. 

22 ‘‘49. The commencement of a judicial proceeding 

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

24 specifically ordered by the court. 

25 ‘‘H. Liability and Indemnification 


emcdonald on DSK9F6TC42PROD with BILLS
23 

•HJ 76 IH 

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

2 Members, officers, agents, employees, or representatives 

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

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

5 taken within the scope of their employment or duties 

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

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

8 supersedeas bond or security for damages. Nothing in this 

9 paragraph shall be construed to protect such person from 

10 suit or liability for damage, loss, injury, or liability caused 

11 by the intentional or willful and wanton misconduct of 

12 such person. 

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

14 and for its torts and those of its Members, Alternate Mem15 bers, officers, agents, employees, and representatives com16 mitted in the conduct of any proprietary function, in ac17 cordance with the law of the applicable Signatory (includ18 ing, without limitation, rules on conflict of laws) but shall 

19 not be liable for any torts occurring in the performance 

20 of a governmental function. The exclusive remedy for such 

21 breach of contract or tort for which the Commission shall 

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

23 Commission. Nothing contained in this MSC Compact 

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


emcdonald on DSK9F6TC42PROD with BILLS
24 

•HJ 76 IH 

1 the Commonwealth of Virginia, or the State of Maryland 

2 of any immunity from suit. 

3 ‘‘I. Commitment of Parties 

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

5 faithful cooperation in providing safety oversight for the 

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

7 to consider in good faith and request any necessary legisla8 tion to achieve the objectives of this MSC Compact. 

9 ‘‘J. Amendments and Supplements 

10 ‘‘53. Amendments and supplements to this MSC 

11 Compact shall be adopted by legislative action of each of 

12 the Signatories and the consent of Congress. When one 

13 Signatory adopts an amendment or supplement to an ex14 isting section of this MSC Compact, that amendment or 

15 supplement shall not be immediately effective, and the pre16 viously enacted provision or provisions shall remain in ef17 fect in each jurisdiction until the amendment or supple18 ment is approved by the other Signatories and is con19 sented to by Congress. 

20 ‘‘K. Withdrawal and Termination 

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

22 Compact, which action shall constitute a termination of 

23 this MSC Compact. 

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

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


emcdonald on DSK9F6TC42PROD with BILLS
25 

•HJ 76 IH 

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

2 the effective date of the repealed statute and written no3 tice of the withdrawal being given by the withdrawing Sig4 natory to the governors or mayor, as appropriate, of the 

5 other Signatories. 

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

7 Commission shall provide each Signatory: 

8 ‘‘(a) A mechanism for concluding the operations 

9 of the Commission; 

10 ‘‘(b) A proposal to maintain state safety over11 sight of the WMATA Rail System in compliance 

12 with applicable federal law; 

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

14 a successor regulatory entity for 4 years after the 

15 termination of this MSC Compact; and 

16 ‘‘(d) A plan to return any surplus funds that 

17 remain 4 years after the creation of the trust. 

18 ‘‘L. Construction and Severability 

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

20 to effectuate the purposes for which it is created. 

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

22 or the application thereof to any person or circumstances 

23 be adjudged invalid by any court of competent jurisdiction, 

24 such judgment shall be confined in its operation to the 

25 part, provision, or application directly involved in the conVerDate Sep 11 2014 02:54 Feb 17, 2017 Jkt 069200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\HJ76.IH HJ76

emcdonald on DSK9F6TC42PROD with BILLS
26 

•HJ 76 IH 

1 troversy in which such judgment shall have been rendered 

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

3 of this MSC Compact or the application thereof to other 

4 persons or circumstances, and the Signatories hereby de5 clare that they would have entered into this MSC Compact 

6 or the remainder thereof had the invalidity of such provi7 sion or application thereof been apparent. 

8 ‘‘M. Adoption; Effective Date 

9 ‘‘59. This MSC Compact shall be adopted by the Sig10 natories in the manner provided by law therefor and shall 

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

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

13 State of Maryland, the Secretary of the Commonwealth 

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

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

16 shall be filed and retained in the archives of the Commis17 sion upon its organization. This MSC Compact shall be18 come effective upon the enactment of concurring legisla19 tion by the District of Columbia, the Commonwealth of 

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

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

22 taken, including, without limitation, the signing and exe23 cution of this MSC Compact by the Governors of Mary24 land and Virginia and the Mayor of the District of Colum25 bia. 


emcdonald on DSK9F6TC42PROD with BILLS
27 

•HJ 76 IH 

1 ‘‘N. Conflict of Laws 

2 ‘‘60. Any conflict between any authority granted 

3 herein, or the exercise of such authority, and the provi4 sions of the WMATA Compact shall be resolved in favor 

5 of the exercise of such authority by the Commission. 

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

7 with this MSC Compact are hereby declared to be inappli8 cable to the Commission or its activities.’’. 

Æ 


emcdonald on DSK9F6TC42PROD with BILLS