H. J. Res. 76 

One Hundred Fifteenth Congress 

of the 

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Tuesday, 

the third day of January, two thousand and seventeen 

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. 

Whereas the Washington Metropolitan Area Transit Authority, an 

interstate compact agency of the District of Columbia, the 

Commonwealth of Virginia, and the State of Maryland, provides 

transportation services to millions of people each year, the safety 

of whom is paramount; 

Whereas an effective and safe Washington Metropolitan Area 

Transit Authority system is essential to the commerce and prosperity of the National Capital region; 

Whereas the Tri-State Oversight Committee, created by a memorandum of understanding amongst these 3 jurisdictions, has provided safety oversight of the Washington Metropolitan Area 

Transit Authority; 

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

financially independent state authority for safety oversight of 

all fixed rail transit facilities; 

Whereas the District of Columbia, the Commonwealth of Virginia, 

and the State of Maryland intend to create a Washington Metrorail Safety Commission to act as the state safety oversight 

authority for the Washington Metropolitan Area Transit 

Authority system under 49 U.S.C. 5329; and 

Whereas this compact is created for the benefit of the people of 

the District of Columbia, the Commonwealth of Virginia, and 

the State of Maryland and for the increase of their safety, commerce, and prosperity: Now, therefore, be it 

Resolved by the Senate and House of Representatives of the

United States of America in Congress assembled, 

CONSENT AND APPROVAL OF CONGRESS

SECTION 1. The consent and approval of Congress is hereby 

given for the Commonwealth of Virginia, the State of Maryland, 

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

oversight of the Washington Metropolitan Area Transit Authority 

Metrorail system (known as the Metrorail Safety Commission Interstate Compact), which has been negotiated by representatives of 

the State, the Commonwealth, and the District, substantially as 

follows: 
H. J. Res. 76—2 

‘‘ARTICLE I 

‘‘DEFINITIONS 

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

terms shall have the meanings set forth below, unless the context 

clearly requires a different meaning. Capitalized terms used herein, 

but not otherwise defined in this MSC Compact, shall have the 

definition set forth in regulations issued under 49 U.S.C. § 5329, 

as they may be revised from time to time. 

‘‘(a) ‘Alternate Member’ means an alternate member of 

the Board; 

‘‘(b) ‘Board’ means the board of directors of the Commission; 

‘‘(c) ‘Commission’ means the Washington Metrorail Safety 

Commission; 

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

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

Safety Commission Interstate Compact; 

‘‘(f) ‘Public Transportation Agency Safety Plan’ means the 

comprehensive agency safety plan for a rail transit agency 

required by 49 U.S.C. § 5329 and the regulations issued thereunder, as may be amended or revised from time to time; 

‘‘(g) ‘Public Transportation Safety Certification Training 

Program’ means the federal certification training program, as 

established and amended from time to time by applicable federal laws and regulations, for federal and state employees, 

or other designated personnel, who conduct safety audits and 

examinations of public transportation systems, and employees 

of public transportation agencies directly responsible for safety 

oversight; 

‘‘(h) ‘Safety Sensitive Position’ means any position held 

by a WMATA employee or contractor designated in the Public 

Transportation Agency Safety Plan for the WMATA Rail System 

and approved by the Commission as directly or indirectly 

affecting the safety of the passengers or employees of the 

WMATA Rail System; 

‘‘(i) ‘Signatory’ means the State of Maryland, the Commonwealth of Virginia, and the District of Columbia; 

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

Columbia, the State of Maryland, or the Commonwealth of 

Virginia; 

‘‘(k) ‘Washington Metropolitan Area Transit Authority’ or 

‘WMATA’ is the entity created by the WMATA Compact, which 

entity is responsible for providing certain rail fixed guideway 

public transportation system services; 

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

Area Transit Authority Compact, approved November 6, 1966 

(80 Stat. 1324; D.C. Official Code § 9–1107.01 et seq.); and 

‘‘(m) ‘WMATA Rail System’ or ‘Metrorail’ means the rail 

fixed guideway public transportation system and all other real 

and personal property owned, leased, operated, or otherwise 

used by WMATA rail services and shall include WMATA rail 

projects under design or construction by owners other than 

WMATA. 
H. J. Res. 76—3 

‘‘ARTICLE II 

‘‘PURPOSE AND FUNCTIONS 

‘‘2. The Signatories to the WMATA Compact hereby adopt this 

MSC Compact pursuant to 49 U.S.C. § 5329. The Commission 

created hereunder shall have safety regulatory and enforcement 

authority over the WMATA Rail System and shall act as the state 

safety oversight authority for WMATA under 49 U.S.C. § 5329, 

as may be amended from time to time. WMATA shall be subject 

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

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

safety oversight authority for the WMATA Rail System, pursuant 

to the mandate of federal law, as a common agency of each Signatory, empowered in the manner hereinafter set forth to review, 

approve, oversee, and enforce the safety of the WMATA Rail System, 

including, without limitation, to: 

‘‘(a) Have exclusive safety oversight authority and responsibility over the WMATA Rail System pursuant to federal law, 

including, without limitation, the power to restrict, suspend, 

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

System as set forth in this MSC Compact; 

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

program standard; 

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

Agency Safety Plan; 

‘‘(d) Investigate hazards, incidents, and accidents on the 

WMATA Rail System; 

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

‘‘(f) Meet other requirements of federal and State law 

relating to safety oversight of the WMATA Rail System. 

‘‘ARTICLE III 

‘‘ESTABLISHMENT AND ORGANIZATION 

‘‘A. Washington Metrorail Safety Commission 

‘‘4. The Commission is hereby created as an instrumentality 

of each Signatory, which shall be a public body corporate and 

politic, and which shall have the powers and duties set forth in 

this MSC Compact. 

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

from WMATA. 

‘‘B. Board Membership 

‘‘6. The Commission shall be governed by a Board of 6 Members 

with 2 Members appointed or reappointed (including to fill an 

unexpired term) by each Signatory pursuant to the Signatory’s 

applicable laws. 

‘‘7. Each Signatory shall also appoint or reappoint (including 

to fill an unexpired term) one Alternate Member pursuant to the 

Signatory’s applicable laws. 

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

as a Member only in the absence of one or both Members appointed 

from the same jurisdiction as the Alternate Member’s appointing 

jurisdiction and, in such instances, may cast a single vote. 
H. J. Res. 76—4 

‘‘9. Members and Alternate Members shall have backgrounds 

in transit safety, transportation, relevant engineering disciplines, 

or public finance. 

‘‘10. No Member or Alternate Member shall simultaneously 

hold an elected public office, serve on the WMATA board of directors, be employed by WMATA, or be a contractor to WMATA. 

‘‘11. Each Member and Alternate Member shall serve a 4- 

year term and may be reappointed for additional terms; except 

that, each Signatory shall make its initial appointments as follows: 

‘‘(a) One Member shall be appointed for a 4-year term; 

‘‘(b) One Member shall be appointed for a 2-year term; 

and 

‘‘(c) The Alternate Member shall be appointed for a 3- 

year term. 

‘‘12. Any person appointed to fill a vacancy shall serve for 

the unexpired term. 

‘‘13. Members and Alternate Members shall be entitled to 

reimbursement for reasonable and necessary expenses and shall 

be compensated for each day spent meeting on the business of 

the Commission at a rate of $200 per day or at such other rate 

as may be adjusted in appropriations approved by all of the Signatories. 

‘‘14. A Member or an Alternate Member may be removed or 

suspended from office only for cause in accordance with the laws 

of such Member’s or Alternate Member’s appointing jurisdiction. 

‘‘C. Quorum and Actions of the Board 

‘‘15. Four Members shall constitute a quorum, and the affirmative vote of 4 Members is required for action of the Board. Quorum 

and voting requirements under this paragraph may be met with 

one or more Alternate Members pursuant to section 8. 

‘‘16. The Commission action shall become effective upon enactment unless otherwise provided for by the Commission. 

‘‘D. Oath of Office 

‘‘17. Before entering office, each Member and Alternate Member 

shall take and subscribe to the following oath (or affirmation) 

of office or any such other oath or affirmation as the constitution 

or laws of the Signatory he or she represents shall provide: 

‘‘I, lllllllllll, hereby solemnly swear (or affirm) 

that I will support and defend the Constitution and the laws of 

the United States as a Member (or Alternate Member) of the 

Board of the Washington Metrorail Safety Commission and will 

faithfully discharge the duties of the office upon which I am about 

to enter. 

‘‘E. Organization and Procedure 

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

procedure. Meetings of the Board shall be held as frequently as 

the Board determines, but in no event less than quarterly. The 

Board shall keep minutes of its meetings and establish rules and 

regulations governing its transactions and internal affairs, 

including, without limitation, policies regarding records retention 

that are not in conflict with applicable federal record retention 

laws. 

‘‘19. The Commission shall keep commercially reasonable 

records of its financial transactions in accordance with accounting 

principles generally accepted in the United States of America. 

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

of its affairs at a location to be determined by the Commission. 
H. J. Res. 76—5 

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

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

to time, as its freedom-of-information policy and open-meeting 

policy, respectively, and shall not be subject to the comparable 

laws or policies of any Signatory. 

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

shall be made publicly available. 

‘‘23. The Commission shall adopt a policy on conflict of interest 

that shall be consistent with the regulations issued under 49 U.S.C. 

§ 5329, as they may be revised from time to time, which, among 

other things, places appropriate separation between Members, officers, employees, contractors, and agents of the Commission and 

WMATA. 

‘‘24. The Commission shall adopt and utilize its own administrative procedure and procurement policies in conformance with 

applicable federal regulations and shall not be subject to the 

administrative procedure or procurement laws of any Signatory. 

‘‘F. Officers and Employees 

‘‘25. The Board shall elect a Chairman, Vice Chairman, Secretary, and Treasurer from among its Members, each for a 2- 

year term and shall prescribe their powers and duties. 

‘‘26. The Board shall appoint and fix the compensation and 

benefits of a chief executive officer who shall be the chief administrative officer of the Commission and who shall have expertise 

in transportation safety and one or more industry-recognized 

transportation safety certifications. 

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

from time to time, the Commission may employ, under the direction 

of the chief executive officer, such other technical, legal, clerical, 

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

as it determines necessary or desirable for the discharge of its 

duties. 

‘‘28. The Commission shall not be bound by any statute or 

regulation of any Signatory in the employment or discharge of 

any officer or employee of the Commission, but shall develop its 

own policies in compliance with federal law. The MSC shall, however, consider the laws of the Signatories in devising its employment 

and discharge policies, and when it deems it practical, devise policies consistent with the laws of the Signatories. 

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

appointment, removal, term, tenure, compensation benefits, 

worker’s compensation, pension, and retirement rights of its 

employees subject to federal law. The Board may also establish 

a personnel system based on merit and fitness and, subject to 

eligibility, participate in the pension, retirement, and worker’s compensation plans of any Signatory or agency or political subdivision 

thereof. 

‘‘ARTICLE IV 

‘‘POWERS 

‘‘A. Safety Oversight Powers 

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

its Board or designated employees or agents, shall, consistent with 

federal law: 
H. J. Res. 76—6 

‘‘(a) Adopt, revise, and distribute a written State Safety Oversight Program; 

‘‘(b) Review, approve, oversee, and enforce the adoption and 

implementation of WMATA’s Public Transportation Agency Safety 

Plan; 

‘‘(c) Require, review, approve, oversee, and enforce the adoption 

and implementation of any Corrective Action Plans that the 

Commission deems appropriate; 

‘‘(d) Implement and enforce relevant federal and State laws 

and regulations relating to safety of the WMATA Rail System; 

and 

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

WMATA’s Public Transportation Agency Safety Plan or conduct 

such an audit on an ongoing basis over a 3-year time frame. 

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

Board or designated employees or agents, may: 

‘‘(a) Conduct, or cause to be conducted, inspections, investigations, examinations, and testing of WMATA personnel and contractors, property, equipment, facilities, rolling stock, and operations 

of the WMATA Rail System, including, without limitation, electronic 

information and databases through reasonable means, which may 

include issuance of subpoenas; 

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

notice and a finding by the chief executive officer that a need 

exists, upon any lands, waters, and premises adjacent to the 

WMATA Rail System, including, without limitation, property owned 

or occupied by the federal government, for the purpose of making 

inspections, investigations, examinations, and testing as the 

Commission may deem necessary to carry out the purposes of 

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

The Commission shall make reasonable reimbursement for any 

actual damage resulting to any such adjacent lands, waters, and 

premises as a result of such activities; 

‘‘(c) Compel WMATA’s compliance with any Corrective Action 

Plan or order of the Commission by such means as the Commission 

deems appropriate, including, without limitation, by: 

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

‘‘(2) Issuing citations or fines with funds going into an 

escrow account for spending by WMATA on Commissiondirected safety measures; 

‘‘(3) Directing WMATA to prioritize spending on safetycritical items; 

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

or hazard from the WMATA Rail System; and 

‘‘(5) Compelling WMATA to restrict, suspend, or prohibit 

rail service on all or part of the WMATA Rail System with 

an appropriate notice period dictated by the circumstances; 

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

in any Safety Sensitive Position an individual who is alleged to 

or has violated safety rules, regulations, policies, or laws; 

‘‘(e) Compel WMATA’s Office of the Inspector General, created 

under WMATA Board Resolution 2006–18, or any successor 

WMATA office or organization having similar duties, to conduct 

safety-related audits or investigations and to provide its findings 

to the Commission; and 

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

appropriate consistent with its purpose and powers. 
H. J. Res. 76—7 

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

the unanimous vote of all Members present and voting. The 

Commission shall coordinate its enforcement activities with appropriate federal and State governmental authorities. 

‘‘B. General Powers 

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

the Commission may: 

‘‘(a) Sue and be sued; 

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

the exercise of the powers conferred by this MSC Compact; 

‘‘(c) Create and abolish offices, employments, and positions 

(other than those specifically provided for in this MSC Compact) 

necessary or desirable for the purposes of the Commission; 

‘‘(d) Determine a staffing level for the Commission that is 

commensurate with the size and complexity of the WMATA Rail 

System, and require that employees and other designated personnel 

of the Commission, who are responsible for safety oversight, be 

qualified to perform such functions through appropriate training, 

including, without limitation, successful completion of the Public 

Transportation Safety Certification Training Program; 

‘‘(e) Contract for or employ consulting attorneys, inspectors, 

engineers, and such other experts necessary or desirable and, within 

the limitations prescribed in this MSC Compact, prescribe their 

powers and duties and fix their compensation; 

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

necessary or desirable in the performance of its duties and in 

the execution of the powers granted under this MSC Compact; 

‘‘(g) Apply for, receive, and accept such payments, appropriations, grants, gifts, loans, advances, and other funds, properties, 

and services as may be transferred or made available to it by 

the United States government or any other public or private entity 

or individual, subject to the limitations specified in section 42; 

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

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

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

‘‘(k) Do such other acts necessary or desirable for the performance of its duties and the execution of its powers under this MSC 

Compact. 

‘‘34. Consistent with this MSC Compact, the Commission shall 

promulgate rules and regulations to carry out the purposes of 

this MSC Compact. 

‘‘ARTICLE V 

‘‘GENERAL PROVISIONS 

‘‘A. Annual Safety Report 

‘‘35. The Commission shall make and publish annually a status 

report on the safety of the WMATA Rail System, which shall 

include, among other requirements established by the Commission 

and federal law, status updates of outstanding Corrective Action 

Plans, Commission directives, and on-going investigations. A copy 

of each such report shall be provided to: 

‘‘(a) The Administrator of the Federal Transit Administration; 
H. J. Res. 76—8 

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

and the Mayor of the District of Columbia; 

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

Columbia; 

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

of the Maryland House of Delegates; 

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

of the Virginia House of Delegates; and 

‘‘(f) The General Manager and each member of the board 

of directors of WMATA. 

‘‘36. The Commission may prepare, publish, and distribute such 

other safety reports that it deems necessary or desirable. 

‘‘B. Annual Report of Operations 

‘‘37. The Commission shall make and publish an annual report 

on its programs, operations, and finances, which shall be distributed 

in the same manner provided by section 35. 

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

such other public reports and informational materials as it deems 

necessary or desirable. 

‘‘C. Annual Independent Audit 

‘‘39. An independent annual audit shall be made of the financial 

accounts of the Commission. The audit shall be made by qualified 

certified public accountants selected by the Board, who shall have 

no personal interest, direct or indirect, in the financial affairs 

of the Commission or any of its officers or employees. The report 

of audit shall be prepared in accordance with generally accepted 

auditing principles and shall be distributed in the same manner 

provided by section 35. Members, employees, agents, and contractors of the Commission shall provide access to information necessary 

or desirable for the conduct of the annual audit. 

‘‘D. Financing 

‘‘40. The Commission’s operations shall be funded, independently of WMATA, by the Signatory jurisdictions and, when available, by federal funds. The Commission shall have no authority 

to levy taxes. 

‘‘41. The Signatories shall unanimously agree on adequate 

funding levels for the Commission and make equal contributions 

of such funding, subject to annual appropriation, to cover the portion 

of Commission operations not funded by federal funds. 

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

appropriations budget in anticipation of receipts, or as otherwise 

set forth in the appropriations budget approved by all of the Signatories, from any lawful lending institution for any purpose of this 

MSC Compact, including, without limitation, for administrative 

expenses. Such loans shall be for a term not to exceed 2 years, 

or at such longer term approved by each Signatory pursuant to 

its laws as evidenced by the written authorization by the Mayor 

of the District of Columbia and the Governors of Maryland and 

Virginia, and at such rates of interest as shall be acceptable to 

the Commission. 

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

or obligation to render financial assistance to the Commission shall 

be created, by appropriation or in such other manner, or by such 

other legislation, as the District of Columbia shall determine; provided, that any such commitment or obligation shall be approved 

by Congress pursuant to the District of Columbia Home Rule Act, 
H. J. Res. 76—9 

approved December 24, 1973 (87 Stat. 774; D.C. Official Code § 

1–201.01 et seq.). 

‘‘44. Pursuant to the requirements of 31 U.S.C. §§ 1341, 1342, 

1349 to 1351, and 1511 to 1519, and D.C. Official Code §§ 47– 

105 and 47–355.01 to 355.08 (collectively, the ‘Anti-Deficiency Acts’), 

the District cannot obligate itself to any financial commitment 

in any present or future year unless the necessary funds to pay 

that commitment have been appropriated and are lawfully available 

for the purpose committed. Thus, pursuant to the Anti-Deficiency 

Acts, nothing in the MSC Compact creates an obligation of the 

District in anticipation of an appropriation for such purpose, and 

the District’s legal liability for the payment of any amount under 

this MSC Compact does not and may not arise or obtain in advance 

of the lawful availability of appropriated funds for the applicable 

fiscal year. 

‘‘E. Tax Exemption 

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

shall in all respects be for the benefit of the people of the District 

of Columbia, the Commonwealth of Virginia, and the State of Maryland and for the increase of their safety, commerce, and prosperity, 

and as the activities associated with this MSC Compact shall constitute the performance of essential governmental functions, the 

Commission shall not be required to pay any taxes or assessments 

upon the services or any property acquired or used by the Commission under the provisions of this MSC Compact or upon the income 

therefrom, and shall at all times be free from taxation within 

the District of Columbia, the Commonwealth of Virginia, and the 

State of Maryland. 

‘‘F. Reconsideration of Commission Orders 

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

for reconsideration of an order based on rules and procedures developed by the Commission. 

‘‘47. Consistent with section 16, the filing of a petition for 

reconsideration shall not act as a stay upon the execution of a 

Commission order, or any part of it, unless the Commission orders 

otherwise. WMATA may appeal any adverse action on a petition 

for reconsideration as set forth in section 48. 

‘‘G. Judicial Matters 

‘‘48. The United States District Court for the Eastern District 

of Virginia, Alexandria Division, the United States District Court 

for the District of Maryland, Southern Division, and the United 

States District Court for the District of Columbia shall have exclusive and original jurisdiction of all actions brought by or against 

the Commission and to enforce subpoenas under this MSC Compact. 

‘‘49. The commencement of a judicial proceeding shall not 

operate as a stay of a Commission order unless specifically ordered 

by the court. 

‘‘H. Liability and Indemnification 

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

officers, agents, employees, or representatives shall not be liable 

for suit or action or for any judgment or decree for damages, 

loss, or injury resulting from action taken within the scope of 

their employment or duties under this MSC Compact, nor required 

in any case arising or any appeal taken under this MSC Compact 

to give a supersedeas bond or security for damages. Nothing in 

this paragraph shall be construed to protect such person from 
H. J. Res. 76—10 

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

the intentional or willful and wanton misconduct of such person. 

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

its torts and those of its Members, Alternate Members, officers, 

agents, employees, and representatives committed in the conduct 

of any proprietary function, in accordance with the law of the 

applicable Signatory (including, without limitation, rules on conflict 

of laws) but shall not be liable for any torts occurring in the 

performance of a governmental function. The exclusive remedy for 

such breach of contract or tort for which the Commission shall 

be liable, as herein provided, shall be by suit against the Commission. Nothing contained in this MSC Compact shall be construed 

as a waiver by the District of Columbia, the Commonwealth of 

Virginia, or the State of Maryland of any immunity from suit. 

‘‘I. Commitment of Parties 

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

cooperation in providing safety oversight for the WMATA Rail 

System, and, to affect such purposes, agrees to consider in good 

faith and request any necessary legislation to achieve the objectives 

of this MSC Compact. 

‘‘J. Amendments and Supplements 

‘‘53. Amendments and supplements to this MSC Compact shall 

be adopted by legislative action of each of the Signatories and 

the consent of Congress. When one Signatory adopts an amendment 

or supplement to an existing section of this MSC Compact, that 

amendment or supplement shall not be immediately effective, and 

the previously enacted provision or provisions shall remain in effect 

in each jurisdiction until the amendment or supplement is approved 

by the other Signatories and is consented to by Congress. 

‘‘K. Withdrawal and Termination 

‘‘54. Any Signatory may withdraw from this MSC Compact, 

which action shall constitute a termination of this MSC Compact. 

‘‘55. Withdrawal from this MSC Compact shall be by a Signatory’s repeal of this MSC Compact from its laws, but such repeal 

shall not take effect until 2 years after the effective date of the 

repealed statute and written notice of the withdrawal being given 

by the withdrawing Signatory to the governors or mayor, as appropriate, of the other Signatories. 

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

shall provide each Signatory: 

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

Commission; 

‘‘(b) A proposal to maintain state safety oversight of the 

WMATA Rail System in compliance with applicable federal 

law; 

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

regulatory entity for 4 years after the termination of this MSC 

Compact; and 

‘‘(d) A plan to return any surplus funds that remain 4 

years after the creation of the trust. 

‘‘L. Construction and Severability 

‘‘57. This MSC Compact shall be liberally construed to effectuate the purposes for which it is created. 

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

application thereof to any person or circumstances be adjudged 

invalid by any court of competent jurisdiction, such judgment shall 

be confined in its operation to the part, provision, or application 
H. J. Res. 76—11 

directly involved in the controversy in which such judgment shall 

have been rendered and shall not affect or impair the validity 

of the remainder of this MSC Compact or the application thereof 

to other persons or circumstances, and the Signatories hereby 

declare that they would have entered into this MSC Compact or 

the remainder thereof had the invalidity of such provision or 

application thereof been apparent. 

‘‘M. Adoption; Effective Date 

‘‘59. This MSC Compact shall be adopted by the Signatories 

in the manner provided by law therefor and shall be signed and 

sealed in 4 duplicate original copies. One such copy shall be filed 

with the Secretary of State of the State of Maryland, the Secretary 

of the Commonwealth of Virginia, and the Secretary of the District 

of Columbia in accordance with the laws of each jurisdiction. One 

copy shall be filed and retained in the archives of the Commission 

upon its organization. This MSC Compact shall become effective 

upon the enactment of concurring legislation by the District of 

Columbia, the Commonwealth of Virginia, and the State of Maryland, and consent thereto by Congress and when all other acts 

or actions have been taken, including, without limitation, the 

signing and execution of this MSC Compact by the Governors 

of Maryland and Virginia and the Mayor of the District of Columbia. 

‘‘N. Conflict of Laws 

‘‘60. Any conflict between any authority granted herein, or 

the exercise of such authority, and the provisions of the WMATA 

Compact shall be resolved in favor of the exercise of such authority 

by the Commission. 

‘‘61. All other general or special laws inconsistent with this 

MSC Compact are hereby declared to be inapplicable to the Commission or its activities.’’. 

RIGHT TO ALTER, AMEND, OR REPEAL

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

is expressly reserved. The consent granted by this joint resolution 

shall not be construed as impairing or in any manner affecting 

any right or jurisdiction of the United States in and over the 

region that forms the subject of the Compact. 

CONSTRUCTION AND SEVERABILITY

SEC. 3. It is intended that the provisions of this Compact 

shall be reasonably and liberally construed to effectuate the purposes thereof. If any part or application of this Compact, or legislation enabling the Compact, is held invalid, the remainder of the 

Compact or its application to other situations or persons shall 

not be affected. 

INCONSISTENCY OF LANGUAGE

SEC. 4. The validity of this Compact shall not be affected 

by any insubstantial differences in its form or language as adopted 

by the State of Maryland, the Commonwealth of Virginia, and 

the District of Columbia. 
H. J. Res. 76—12 

EFFECTIVE DATE

SEC. 5. This joint resolution shall take effect on the date of 

enactment of this joint resolution. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.