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 Commis-
sion. 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 Sig-
natory’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repealed statute and written notice of the withdrawal being given 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 appro-
priate, 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 effec-
tuate 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 Mary-
land, 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 Commis-
sion 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 pur-
poses thereof. If any part or application of this Compact, or legisla-
tion 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.