•HJ 76 IH 
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 
‘‘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 
VerDate Sep 11 2014 
02:54 Feb 17, 2017
Jkt 069200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\HJ76.IH
HJ76
emcdonald on DSK9F6TC42PROD with BILLS
•HJ 76 IH 
‘‘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-
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, 
VerDate Sep 11 2014 
02:54 Feb 17, 2017
Jkt 069200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\HJ76.IH
HJ76
emcdonald on DSK9F6TC42PROD with BILLS
•HJ 76 IH 
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-
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, 
VerDate Sep 11 2014 
02:54 Feb 17, 2017
Jkt 069200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\HJ76.IH
HJ76
emcdonald on DSK9F6TC42PROD with BILLS
•HJ 76 IH 
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 
‘‘(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-
VerDate 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
•HJ 76 IH 
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 
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. 
VerDate Sep 11 2014 
02:54 Feb 17, 2017
Jkt 069200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\HJ76.IH
HJ76
emcdonald on DSK9F6TC42PROD with BILLS
•HJ 76 IH 
‘‘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.’’. 
Æ 
VerDate Sep 11 2014 
02:54 Feb 17, 2017
Jkt 069200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6301
E:\BILLS\HJ76.IH
HJ76
emcdonald on DSK9F6TC42PROD with BILLS