HJ 76 RDS 
‘‘(1) Taking legal action in a court of com-
petent jurisdiction; 
‘‘(2) Issuing citations or fines with funds going 
into an escrow account for spending by WMATA on 
Commission-directed safety measures; 
‘‘(3) Directing WMATA to prioritize spending 
on safety-critical 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 dic-
tated 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 Gen-
eral, created under WMATA Board Resolution 2006–18, 
or any successor WMATA office or organization having 
similar duties, to conduct safety-related audits or inves-
tigations and to provide its findings to the Commission; 
and 
VerDate Sep 11 2014 
23:39 Aug 07, 2017
Jkt 069200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\HJ76.RDS
HJ76
lotter on DSKBCFDHB2PROD with BILLS
HJ 76 RDS 
‘‘(f) Take such other actions as the Commission may 
deem appropriate consistent with its purpose and powers. 
‘‘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 po-
sitions (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 re-
sponsible for safety oversight, be qualified to perform such 
functions through appropriate training, including, without 
VerDate Sep 11 2014 
23:39 Aug 07, 2017
Jkt 069200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\HJ76.RDS
HJ76
lotter on DSKBCFDHB2PROD with BILLS
HJ 76 RDS 
limitation, successful completion of the Public Transpor-
tation Safety Certification Training Program; 
‘‘(e) Contract for or employ consulting attorneys, in-
spectors, 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 proce-
dures 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 pow-
ers under this MSC Compact. 
VerDate Sep 11 2014 
23:39 Aug 07, 2017
Jkt 069200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\HJ76.RDS
HJ76
lotter on DSKBCFDHB2PROD with BILLS
HJ 76 RDS 
‘‘34. Consistent with this MSC Compact, the Com-
mission 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 annu-
ally a status report on the safety of the WMATA Rail Sys-
tem, which shall include, among other requirements estab-
lished by the Commission and federal law, status updates 
of outstanding Corrective Action Plans, Commission direc-
tives, and on-going investigations. A copy of each such re-
port shall be provided to: 
‘‘(a) The Administrator of the Federal Transit 
Administration; 
‘‘(b) The Governor of Virginia, the Governor of 
Maryland, and the Mayor of the District of Colum-
bia; 
‘‘(c) The Chairman of the Council of the Dis-
trict 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 
VerDate Sep 11 2014 
23:39 Aug 07, 2017
Jkt 069200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\HJ76.RDS
HJ76
lotter on DSKBCFDHB2PROD with BILLS
HJ 76 RDS 
‘‘(f) The General Manager and each member of 
the board of directors of WMATA. 
‘‘36. The Commission may prepare, publish, and dis-
tribute such other safety reports that it deems necessary 
or desirable. 
‘‘B. Annual Report of Operations 
‘‘37. The Commission shall make and publish an an-
nual 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 ma-
terials 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 audit-
ing 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 in-
VerDate Sep 11 2014 
23:39 Aug 07, 2017
Jkt 069200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\HJ76.RDS
HJ76
lotter on DSKBCFDHB2PROD with BILLS
HJ 76 RDS 
formation 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 ade-
quate funding levels for the Commission and make equal 
contributions of such funding, subject to annual appro-
priation, 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 re-
ceipts, 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. 
VerDate Sep 11 2014 
23:39 Aug 07, 2017
Jkt 069200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\HJ76.RDS
HJ76
lotter on DSKBCFDHB2PROD with BILLS
HJ 76 RDS 
‘‘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 Con-
gress pursuant to the District of Columbia Home Rule 
Act, approved December 24, 1973 (87 Stat. 774; D.C. Of-
ficial 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 (collec-
tively, the ‘Anti-Deficiency Acts’), the District cannot obli-
gate itself to any financial commitment in any present or 
future year unless the necessary funds to pay that commit-
ment 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 appropria-
tion 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 
VerDate Sep 11 2014 
23:39 Aug 07, 2017
Jkt 069200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\HJ76.RDS
HJ76
lotter on DSKBCFDHB2PROD with BILLS
HJ 76 RDS 
‘‘45. The exercise of the powers granted by this MSC 
Compact shall in all respects be for the benefit of the peo-
ple of the District of Columbia, the Commonwealth of Vir-
ginia, and the State of Maryland and for the increase of 
their safety, commerce, and prosperity, and as the activi-
ties associated with this MSC Compact shall constitute the 
performance of essential governmental functions, the 
Commission shall not be required to pay any taxes or as-
sessments 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 Colum-
bia, 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 peti-
tion 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 
VerDate Sep 11 2014 
23:39 Aug 07, 2017
Jkt 069200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\HJ76.RDS
HJ76
lotter on DSKBCFDHB2PROD with BILLS
HJ 76 RDS 
‘‘48. The United States District Court for the East-
ern District of Virginia, Alexandria Division, the United 
States District Court for the District of Maryland, South-
ern Division, and the United States District Court for the 
District of Columbia shall have exclusive and original ju-
risdiction of all actions brought by or against the Commis-
sion 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 
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 Mem-
VerDate Sep 11 2014 
23:39 Aug 07, 2017
Jkt 069200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\HJ76.RDS
HJ76
lotter on DSKBCFDHB2PROD with BILLS
HJ 76 RDS 
bers, officers, agents, employees, and representatives com-
mitted in the conduct of any proprietary function, in ac-
cordance with the law of the applicable Signatory (includ-
ing, 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 legisla-
tion 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 ex-
isting section of this MSC Compact, that amendment or 
supplement shall not be immediately effective, and the pre-
VerDate Sep 11 2014 
23:39 Aug 07, 2017
Jkt 069200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\HJ76.RDS
HJ76
lotter on DSKBCFDHB2PROD with BILLS
HJ 76 RDS 
viously enacted provision or provisions shall remain in ef-
fect in each jurisdiction until the amendment or supple-
ment is approved by the other Signatories and is con-
sented 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 no-
tice of the withdrawal being given by the withdrawing Sig-
natory 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 over-
sight 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 
VerDate Sep 11 2014 
23:39 Aug 07, 2017
Jkt 069200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\HJ76.RDS
HJ76
lotter on DSKBCFDHB2PROD with BILLS
HJ 76 RDS 
‘‘(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 directly involved in the con-
troversy 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 de-
clare that they would have entered into this MSC Compact 
or the remainder thereof had the invalidity of such provi-
sion or application thereof been apparent. 
‘‘M. Adoption; Effective Date 
‘‘59. This MSC Compact shall be adopted by the Sig-
natories 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 
VerDate Sep 11 2014 
23:39 Aug 07, 2017
Jkt 069200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\HJ76.RDS
HJ76
lotter on DSKBCFDHB2PROD with BILLS
HJ 76 RDS 
shall be filed and retained in the archives of the Commis-
sion upon its organization. This MSC Compact shall be-
come effective upon the enactment of concurring legisla-
tion 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 exe-
cution of this MSC Compact by the Governors of Mary-
land and Virginia and the Mayor of the District of Colum-
bia. 
‘‘N. Conflict of Laws 
‘‘60. Any conflict between any authority granted 
herein, or the exercise of such authority, and the provi-
sions 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 inappli-
cable 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 sub-
ject of the Compact. 
VerDate Sep 11 2014 
23:39 Aug 07, 2017
Jkt 069200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\HJ76.RDS
HJ76
lotter on DSKBCFDHB2PROD with BILLS
HJ 76 RDS 
CONSTRUCTION AND SEVERABILITY 
SEC. 3. It is intended that the provisions of this Com-
pact shall be reasonably and liberally construed to effec-
tuate 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 af-
fected by any insubstantial differences in its form or lan-
guage as adopted by the State of Maryland, the Common-
wealth of Virginia, and the District of Columbia. 
EFFECTIVE DATE 
SEC. 5. This joint resolution shall take effect on the 
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. 
VerDate Sep 11 2014 
23:39 Aug 07, 2017
Jkt 069200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\HJ76.RDS
HJ76
lotter on DSKBCFDHB2PROD with BILLS