IIA 

115TH CONGRESS 

1ST SESSION H. J. RES. 76 

IN THE SENATE OF THE UNITED STATES 

AUGUST 4, 2017 

Received 

JOINT RESOLUTION 

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

District of Columbia to enter into a compact relating 

to the establishment of the Washington Metrorail Safety 

Commission. 


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Whereas the Washington Metropolitan Area Transit Authority, an interstate compact agency of the District of Columbia, the Commonwealth of Virginia, and the State of 

Maryland, provides transportation services to millions of 

people each year, the safety of whom is paramount; 

Whereas an effective and safe Washington Metropolitan Area 

Transit Authority system is essential to the commerce 

and prosperity of the National Capital region; 

Whereas the Tri-State Oversight Committee, created by a 

memorandum of understanding amongst these 3 jurisdictions, has provided safety oversight of the Washington 

Metropolitan Area Transit Authority; 

Whereas 49 U.S.C. 5329 requires the creation of a legally 

and financially independent state authority for safety 

oversight of all fixed rail transit facilities; 

Whereas the District of Columbia, the Commonwealth of Virginia, and the State of Maryland intend to create a 

Washington Metrorail Safety Commission to act as the 

state safety oversight authority for the Washington Metropolitan Area Transit Authority system under 49 U.S.C. 

5329; and 

Whereas this compact is created for the benefit of the people 

of the District of Columbia, the Commonwealth of Virginia, and the State of Maryland and for the increase of 

their safety, commerce, and prosperity: Now, therefore, 

be it 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 


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1 CONSENT AND APPROVAL OF CONGRESS

2 SECTION 1. The consent and approval of Congress 

3 is hereby given for the Commonwealth of Virginia, the 

4 State of Maryland, and the District of Columbia to enter 

5 into a compact for the safety oversight of the Washington 

6 Metropolitan Area Transit Authority Metrorail system 

7 (known as the Metrorail Safety Commission Interstate 

8 Compact), which has been negotiated by representatives 

9 of the State, the Commonwealth, and the District, sub10 stantially as follows: 

11 ‘‘ARTICLE I 

12 ‘‘DEFINITIONS 

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

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

15 unless the context clearly requires a different meaning. 

16 Capitalized terms used herein, but not otherwise defined 

17 in this MSC Compact, shall have the definition set forth 

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

19 be revised from time to time. 

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

21 member of the Board; 

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

23 the Commission; 

24 ‘‘(c) ‘Commission’ means the Washington Met25 rorail Safety Commission; 


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

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

3 Metrorail Safety Commission Interstate Compact; 

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

5 means the comprehensive agency safety plan for a 

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

7 and the regulations issued thereunder, as may be 

8 amended or revised from time to time; 

9 ‘‘(g) ‘Public Transportation Safety Certification 

10 Training Program’ means the federal certification 

11 training program, as established and amended from 

12 time to time by applicable federal laws and regula13 tions, for federal and state employees, or other des14 ignated personnel, who conduct safety audits and ex15 aminations of public transportation systems, and 

16 employees of public transportation agencies directly 

17 responsible for safety oversight; 

18 ‘‘(h) ‘Safety Sensitive Position’ means any posi19 tion held by a WMATA employee or contractor des20 ignated in the Public Transportation Agency Safety 

21 Plan for the WMATA Rail System and approved by 

22 the Commission as directly or indirectly affecting the 

23 safety of the passengers or employees of the 

24 WMATA Rail System; 


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

2 the Commonwealth of Virginia, and the District of 

3 Columbia; 

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

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

6 Commonwealth of Virginia; 

7 ‘‘(k) ‘Washington Metropolitan Area Transit 

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

9 WMATA Compact, which entity is responsible for 

10 providing certain rail fixed guideway public trans11 portation system services; 

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

13 Metropolitan Area Transit Authority Compact, ap14 proved November 6, 1966 (80 Stat. 1324; D.C. Offi15 cial Code § 9–1107.01 et seq.); and 

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

17 means the rail fixed guideway public transportation 

18 system and all other real and personal property 

19 owned, leased, operated, or otherwise used by 

20 WMATA rail services and shall include WMATA rail 

21 projects under design or construction by owners 

22 other than WMATA. 


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1 ‘‘ARTICLE II 

2 ‘‘PURPOSE AND FUNCTIONS 

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

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

5 The Commission created hereunder shall have safety regu6 latory and enforcement authority over the WMATA Rail 

7 System and shall act as the state safety oversight author8 ity for WMATA under 49 U.S.C. § 5329, as may be 

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

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

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

12 a state safety oversight authority for the WMATA Rail 

13 System, pursuant to the mandate of federal law, as a com14 mon agency of each Signatory, empowered in the manner 

15 hereinafter set forth to review, approve, oversee, and en16 force the safety of the WMATA Rail System, including, 

17 without limitation, to: 

18 ‘‘(a) Have exclusive safety oversight authority 

19 and responsibility over the WMATA Rail System 

20 pursuant to federal law, including, without limita21 tion, the power to restrict, suspend, or prohibit rail 

22 service on all or part of the WMATA Rail System 

23 as set forth in this MSC Compact; 

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

25 oversight program standard; 


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

2 Transportation Agency Safety Plan; 

3 ‘‘(d) Investigate hazards, incidents, and acci4 dents on the WMATA Rail System; 

5 ‘‘(e) Require, review, approve, oversee, and en6 force Corrective Action Plans developed by WMATA; 

7 and 

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

9 State law relating to safety oversight of the 

10 WMATA Rail System. 

11 ‘‘ARTICLE III 

12 ‘‘ESTABLISHMENT AND ORGANIZATION 

13 ‘‘A. Washington Metrorail Safety Commission 

14 ‘‘4. The Commission is hereby created as an instru15 mentality of each Signatory, which shall be a public body 

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

17 duties set forth in this MSC Compact. 

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

19 independent from WMATA. 

20 ‘‘B. Board Membership 

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

22 of 6 Members with 2 Members appointed or reappointed 

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

24 pursuant to the Signatory’s applicable laws. 


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

2 (including to fill an unexpired term) one Alternate Mem3 ber pursuant to the Signatory’s applicable laws. 

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

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

6 Members appointed from the same jurisdiction as the Al7 ternate Member’s appointing jurisdiction and, in such in8 stances, may cast a single vote. 

9 ‘‘9. Members and Alternate Members shall have back10 grounds in transit safety, transportation, relevant engi11 neering disciplines, or public finance. 

12 ‘‘10. No Member or Alternate Member shall simulta13 neously hold an elected public office, serve on the WMATA 

14 board of directors, be employed by WMATA, or be a con15 tractor to WMATA. 

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

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

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

19 appointments as follows: 

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

21 year term; 

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

23 year term; and 

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

25 for a 3-year term. 


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

2 serve for the unexpired term. 

3 ‘‘13. Members and Alternate Members shall be enti4 tled to reimbursement for reasonable and necessary ex5 penses and shall be compensated for each day spent meet6 ing on the business of the Commission at a rate of $200 

7 per day or at such other rate as may be adjusted in appro8 priations approved by all of the Signatories. 

9 ‘‘14. A Member or an Alternate Member may be re10 moved or suspended from office only for cause in accord11 ance with the laws of such Member’s or Alternate Mem12 ber’s appointing jurisdiction. 

13 ‘‘C. Quorum and Actions of the Board 

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

15 the affirmative vote of 4 Members is required for action 

16 of the Board. Quorum and voting requirements under this 

17 paragraph may be met with one or more Alternate Mem18 bers pursuant to section 8. 

19 ‘‘16. The Commission action shall become effective 

20 upon enactment unless otherwise provided for by the Com21 mission. 

22 ‘‘D. Oath of Office 

23 ‘‘17. Before entering office, each Member and Alter24 nate Member shall take and subscribe to the following 

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


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1 affirmation as the constitution or laws of the Signatory 

2 he or she represents shall provide: 

3 ‘‘I, lllllllllll, hereby solemnly 

4 swear (or affirm) that I will support and defend the Con5 stitution and the laws of the United States as a Member 

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

7 Metrorail Safety Commission and will faithfully discharge 

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

9 ‘‘E. Organization and Procedure 

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

11 and procedure. Meetings of the Board shall be held as fre12 quently as the Board determines, but in no event less than 

13 quarterly. The Board shall keep minutes of its meetings 

14 and establish rules and regulations governing its trans15 actions and internal affairs, including, without limitation, 

16 policies regarding records retention that are not in conflict 

17 with applicable federal record retention laws. 

18 ‘‘19. The Commission shall keep commercially rea19 sonable records of its financial transactions in accordance 

20 with accounting principles generally accepted in the 

21 United States of America. 

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

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

24 the Commission. 


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

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

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

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

5 subject to the comparable laws or policies of any Signa6 tory. 

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

8 the Board shall be made publicly available. 

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

10 of interest that shall be consistent with the regulations 

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

12 from time to time, which, among other things, places ap13 propriate separation between Members, officers, employ14 ees, contractors, and agents of the Commission and 

15 WMATA. 

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

17 administrative procedure and procurement policies in con18 formance with applicable federal regulations and shall not 

19 be subject to the administrative procedure or procurement 

20 laws of any Signatory. 

21 ‘‘F. Officers and Employees 

22 ‘‘25. The Board shall elect a Chairman, Vice Chair23 man, Secretary, and Treasurer from among its Members, 

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

25 and duties. 


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1 ‘‘26. The Board shall appoint and fix the compensa2 tion and benefits of a chief executive officer who shall be 

3 the chief administrative officer of the Commission and who 

4 shall have expertise in transportation safety and one or 

5 more industry-recognized transportation safety certifi6 cations. 

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

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

9 under the direction of the chief executive officer, such 

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

11 regular, part-time, or as-needed basis as it determines nec12 essary or desirable for the discharge of its duties. 

13 ‘‘28. The Commission shall not be bound by any stat14 ute or regulation of any Signatory in the employment or 

15 discharge of any officer or employee of the Commission, 

16 but shall develop its own policies in compliance with fed17 eral law. The MSC shall, however, consider the laws of 

18 the Signatories in devising its employment and discharge 

19 policies, and when it deems it practical, devise policies con20 sistent with the laws of the Signatories. 

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

22 qualification, appointment, removal, term, tenure, com23 pensation benefits, worker’s compensation, pension, and 

24 retirement rights of its employees subject to federal law. 

25 The Board may also establish a personnel system based 


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

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

3 plans of any Signatory or agency or political subdivision 

4 thereof. 

5 ‘‘ARTICLE IV 

6 ‘‘POWERS 

7 ‘‘A. Safety Oversight Powers 

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

9 through its Board or designated employees or agents, 

10 shall, consistent with federal law: 

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

12 Safety Oversight Program; 

13 ‘‘(b) Review, approve, oversee, and enforce the adop14 tion and implementation of WMATA’s Public Transpor15 tation Agency Safety Plan; 

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

17 the adoption and implementation of any Corrective Action 

18 Plans that the Commission deems appropriate; 

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

20 State laws and regulations relating to safety of the 

21 WMATA Rail System; and 

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

23 with WMATA’s Public Transportation Agency Safety 

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

25 a 3-year time frame. 


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

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

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

4 investigations, examinations, and testing of WMATA per5 sonnel and contractors, property, equipment, facilities, 

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

7 including, without limitation, electronic information and 

8 databases through reasonable means, which may include 

9 issuance of subpoenas; 

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

11 reasonable notice and a finding by the chief executive offi12 cer that a need exists, upon any lands, waters, and prem13 ises adjacent to the WMATA Rail System, including, with14 out limitation, property owned or occupied by the federal 

15 government, for the purpose of making inspections, inves16 tigations, examinations, and testing as the Commission 

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

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

19 The Commission shall make reasonable reimbursement for 

20 any actual damage resulting to any such adjacent lands, 

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

22 ‘‘(c) Compel WMATA’s compliance with any Correc23 tive Action Plan or order of the Commission by such 

24 means as the Commission deems appropriate, including, 

25 without limitation, by: 


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1 ‘‘(1) Taking legal action in a court of com2 petent jurisdiction; 

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

4 into an escrow account for spending by WMATA on 

5 Commission-directed safety measures; 

6 ‘‘(3) Directing WMATA to prioritize spending 

7 on safety-critical items; 

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

9 element, or hazard from the WMATA Rail System; 

10 and 

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

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

13 Rail System with an appropriate notice period dic14 tated by the circumstances; 

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

16 performing in any Safety Sensitive Position an individual 

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

18 policies, or laws; 

19 ‘‘(e) Compel WMATA’s Office of the Inspector Gen20 eral, created under WMATA Board Resolution 2006–18, 

21 or any successor WMATA office or organization having 

22 similar duties, to conduct safety-related audits or inves23 tigations and to provide its findings to the Commission; 

24 and 


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

2 deem appropriate consistent with its purpose and powers. 

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

4 require the unanimous vote of all Members present and 

5 voting. The Commission shall coordinate its enforcement 

6 activities with appropriate federal and State governmental 

7 authorities. 

8 ‘‘B. General Powers 

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

10 above, the Commission may: 

11 ‘‘(a) Sue and be sued; 

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

13 respecting the exercise of the powers conferred by this 

14 MSC Compact; 

15 ‘‘(c) Create and abolish offices, employments, and po16 sitions (other than those specifically provided for in this 

17 MSC Compact) necessary or desirable for the purposes of 

18 the Commission; 

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

20 that is commensurate with the size and complexity of the 

21 WMATA Rail System, and require that employees and 

22 other designated personnel of the Commission, who are re23 sponsible for safety oversight, be qualified to perform such 

24 functions through appropriate training, including, without 


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1 limitation, successful completion of the Public Transpor2 tation Safety Certification Training Program; 

3 ‘‘(e) Contract for or employ consulting attorneys, in4 spectors, engineers, and such other experts necessary or 

5 desirable and, within the limitations prescribed in this 

6 MSC Compact, prescribe their powers and duties and fix 

7 their compensation; 

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

9 agreements necessary or desirable in the performance of 

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

11 this MSC Compact; 

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

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

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

15 made available to it by the United States government or 

16 any other public or private entity or individual, subject 

17 to the limitations specified in section 42; 

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

19 pleasure; 

20 ‘‘(i) Adopt and amend by-laws, policies, and proce21 dures governing the regulation of its affairs; 

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

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

24 the performance of its duties and the execution of its pow25 ers under this MSC Compact. 


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1 ‘‘34. Consistent with this MSC Compact, the Com2 mission shall promulgate rules and regulations to carry 

3 out the purposes of this MSC Compact. 

4 ‘‘ARTICLE V 

5 ‘‘GENERAL PROVISIONS 

6 ‘‘A. Annual Safety Report 

7 ‘‘35. The Commission shall make and publish annu8 ally a status report on the safety of the WMATA Rail Sys9 tem, which shall include, among other requirements estab10 lished by the Commission and federal law, status updates 

11 of outstanding Corrective Action Plans, Commission direc12 tives, and on-going investigations. A copy of each such re13 port shall be provided to: 

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

15 Administration; 

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

17 Maryland, and the Mayor of the District of Colum18 bia; 

19 ‘‘(c) The Chairman of the Council of the Dis20 trict of Columbia; 

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

22 the Speaker of the Maryland House of Delegates; 

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

24 the Speaker of the Virginia House of Delegates; and 


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

2 the board of directors of WMATA. 

3 ‘‘36. The Commission may prepare, publish, and dis4 tribute such other safety reports that it deems necessary 

5 or desirable. 

6 ‘‘B. Annual Report of Operations 

7 ‘‘37. The Commission shall make and publish an an8 nual report on its programs, operations, and finances, 

9 which shall be distributed in the same manner provided 

10 by section 35. 

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

12 distribute such other public reports and informational ma13 terials as it deems necessary or desirable. 

14 ‘‘C. Annual Independent Audit 

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

16 the financial accounts of the Commission. The audit shall 

17 be made by qualified certified public accountants selected 

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

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

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

21 be prepared in accordance with generally accepted audit22 ing principles and shall be distributed in the same manner 

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

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1 formation necessary or desirable for the conduct of the 

2 annual audit. 

3 ‘‘D. Financing 

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

5 independently of WMATA, by the Signatory jurisdictions 

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

7 shall have no authority to levy taxes. 

8 ‘‘41. The Signatories shall unanimously agree on ade9 quate funding levels for the Commission and make equal 

10 contributions of such funding, subject to annual appro11 priation, to cover the portion of Commission operations 

12 not funded by federal funds. 

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

14 last annual appropriations budget in anticipation of re15 ceipts, or as otherwise set forth in the appropriations 

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

17 lending institution for any purpose of this MSC Compact, 

18 including, without limitation, for administrative expenses. 

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

20 at such longer term approved by each Signatory pursuant 

21 to its laws as evidenced by the written authorization by 

22 the Mayor of the District of Columbia and the Governors 

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

24 as shall be acceptable to the Commission. 


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

2 commitment or obligation to render financial assistance to 

3 the Commission shall be created, by appropriation or in 

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

5 District of Columbia shall determine; provided, that any 

6 such commitment or obligation shall be approved by Con7 gress pursuant to the District of Columbia Home Rule 

8 Act, approved December 24, 1973 (87 Stat. 774; D.C. Of9 ficial Code § 1–201.01 et seq.). 

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

11 1341, 1342, 1349 to 1351, and 1511 to 1519, and D.C. 

12 Official Code §§ 47–105 and 47–355.01 to 355.08 (collec13 tively, the ‘Anti-Deficiency Acts’), the District cannot obli14 gate itself to any financial commitment in any present or 

15 future year unless the necessary funds to pay that commit16 ment have been appropriated and are lawfully available 

17 for the purpose committed. Thus, pursuant to the Anti18 Deficiency Acts, nothing in the MSC Compact creates an 

19 obligation of the District in anticipation of an appropria20 tion for such purpose, and the District’s legal liability for 

21 the payment of any amount under this MSC Compact does 

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

23 availability of appropriated funds for the applicable fiscal 

24 year. 

25 ‘‘E. Tax Exemption 


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

2 Compact shall in all respects be for the benefit of the peo3 ple of the District of Columbia, the Commonwealth of Vir4 ginia, and the State of Maryland and for the increase of 

5 their safety, commerce, and prosperity, and as the activi6 ties associated with this MSC Compact shall constitute the 

7 performance of essential governmental functions, the 

8 Commission shall not be required to pay any taxes or as9 sessments upon the services or any property acquired or 

10 used by the Commission under the provisions of this MSC 

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

12 times be free from taxation within the District of Colum13 bia, the Commonwealth of Virginia, and the State of 

14 Maryland. 

15 ‘‘F. Reconsideration of Commission Orders 

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

17 Commission for reconsideration of an order based on rules 

18 and procedures developed by the Commission. 

19 ‘‘47. Consistent with section 16, the filing of a peti20 tion for reconsideration shall not act as a stay upon the 

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

22 the Commission orders otherwise. WMATA may appeal 

23 any adverse action on a petition for reconsideration as set 

24 forth in section 48. 

25 ‘‘G. Judicial Matters 


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1 ‘‘48. The United States District Court for the East2 ern District of Virginia, Alexandria Division, the United 

3 States District Court for the District of Maryland, South4 ern Division, and the United States District Court for the 

5 District of Columbia shall have exclusive and original ju6 risdiction of all actions brought by or against the Commis7 sion and to enforce subpoenas under this MSC Compact. 

8 ‘‘49. The commencement of a judicial proceeding 

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

10 specifically ordered by the court. 

11 ‘‘H. Liability and Indemnification 

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

13 Members, officers, agents, employees, or representatives 

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

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

16 taken within the scope of their employment or duties 

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

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

19 supersedeas bond or security for damages. Nothing in this 

20 paragraph shall be construed to protect such person from 

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

22 by the intentional or willful and wanton misconduct of 

23 such person. 

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

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1 bers, officers, agents, employees, and representatives com2 mitted in the conduct of any proprietary function, in ac3 cordance with the law of the applicable Signatory (includ4 ing, without limitation, rules on conflict of laws) but shall 

5 not be liable for any torts occurring in the performance 

6 of a governmental function. The exclusive remedy for such 

7 breach of contract or tort for which the Commission shall 

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

9 Commission. Nothing contained in this MSC Compact 

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

11 the Commonwealth of Virginia, or the State of Maryland 

12 of any immunity from suit. 

13 ‘‘I. Commitment of Parties 

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

15 faithful cooperation in providing safety oversight for the 

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

17 to consider in good faith and request any necessary legisla18 tion to achieve the objectives of this MSC Compact. 

19 ‘‘J. Amendments and Supplements 

20 ‘‘53. Amendments and supplements to this MSC 

21 Compact shall be adopted by legislative action of each of 

22 the Signatories and the consent of Congress. When one 

23 Signatory adopts an amendment or supplement to an ex24 isting section of this MSC Compact, that amendment or 

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1 viously enacted provision or provisions shall remain in ef2 fect in each jurisdiction until the amendment or supple3 ment is approved by the other Signatories and is con4 sented to by Congress. 

5 ‘‘K. Withdrawal and Termination 

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

7 Compact, which action shall constitute a termination of 

8 this MSC Compact. 

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

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

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

12 the effective date of the repealed statute and written no13 tice of the withdrawal being given by the withdrawing Sig14 natory to the governors or mayor, as appropriate, of the 

15 other Signatories. 

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

17 Commission shall provide each Signatory: 

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

19 of the Commission; 

20 ‘‘(b) A proposal to maintain state safety over21 sight of the WMATA Rail System in compliance 

22 with applicable federal law; 

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

24 a successor regulatory entity for 4 years after the 

25 termination of this MSC Compact; and 


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

2 remain 4 years after the creation of the trust. 

3 ‘‘L. Construction and Severability 

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

5 to effectuate the purposes for which it is created. 

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

7 or the application thereof to any person or circumstances 

8 be adjudged invalid by any court of competent jurisdiction, 

9 such judgment shall be confined in its operation to the 

10 part, provision, or application directly involved in the con11 troversy in which such judgment shall have been rendered 

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

13 of this MSC Compact or the application thereof to other 

14 persons or circumstances, and the Signatories hereby de15 clare that they would have entered into this MSC Compact 

16 or the remainder thereof had the invalidity of such provi17 sion or application thereof been apparent. 

18 ‘‘M. Adoption; Effective Date 

19 ‘‘59. This MSC Compact shall be adopted by the Sig20 natories in the manner provided by law therefor and shall 

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

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

23 State of Maryland, the Secretary of the Commonwealth 

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

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


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1 shall be filed and retained in the archives of the Commis2 sion upon its organization. This MSC Compact shall be3 come effective upon the enactment of concurring legisla4 tion by the District of Columbia, the Commonwealth of 

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

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

7 taken, including, without limitation, the signing and exe8 cution of this MSC Compact by the Governors of Mary9 land and Virginia and the Mayor of the District of Colum10 bia. 

11 ‘‘N. Conflict of Laws 

12 ‘‘60. Any conflict between any authority granted 

13 herein, or the exercise of such authority, and the provi14 sions of the WMATA Compact shall be resolved in favor 

15 of the exercise of such authority by the Commission. 

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

17 with this MSC Compact are hereby declared to be inappli18 cable to the Commission or its activities.’’. 

19 RIGHT TO ALTER, AMEND, OR REPEAL

20 SEC. 2. The right to alter, amend, or repeal this joint 

21 resolution is expressly reserved. The consent granted by 

22 this joint resolution shall not be construed as impairing 

23 or in any manner affecting any right or jurisdiction of the 

24 United States in and over the region that forms the sub25 ject of the Compact. 


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1 CONSTRUCTION AND SEVERABILITY

2 SEC. 3. It is intended that the provisions of this Com3 pact shall be reasonably and liberally construed to effec4 tuate the purposes thereof. If any part or application of 

5 this Compact, or legislation enabling the Compact, is held 

6 invalid, the remainder of the Compact or its application 

7 to other situations or persons shall not be affected. 

8 INCONSISTENCY OF LANGUAGE

9 SEC. 4. The validity of this Compact shall not be af10 fected by any insubstantial differences in its form or lan11 guage as adopted by the State of Maryland, the Common12 wealth of Virginia, and the District of Columbia. 

13 EFFECTIVE DATE

14 SEC. 5. This joint resolution shall take effect on the 

15 date of enactment of this joint resolution. 

Passed the House of Representatives July 17, 2017. 

Attest: KAREN L. HAAS, 

Clerk. 

By ROBERT F. REEVES, 

Deputy Clerk. 


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