Title: A joint resolution granting the consent and approval of Congress to 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.
Policy area: Transportation and Public Works

Summary:
Interstate Compact
This joint resolution grants congressional consent and approval for the Commonwealth of Virginia, the state of Maryland, and the District of Columbia to enter into a Metrorail Safety Commission (MSC) Interstate Compact.
The MSC Compact establishes a Washington Metrorail Safety Commission for the safety oversight of the Washington Metropolitan Area Transit Authority Rail (Metrorail) system.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 22 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
S. J. RES. 22

 Granting the consent and approval of Congress to 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 15, 2017

  Mr. Kaine (for himself, Mr. Warner, Mr. Cardin, and Mr. Van Hollen) 
  introduced the following joint resolution; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                            JOINT RESOLUTION


 
 Granting the consent and approval of Congress to 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 section 5329 of title 49, United States Code, 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 section 5329 of title 
        49, United States Code; 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, That the consent and approval 
of Congress is hereby given to the District of Columbia, the 
Commonwealth of Virginia, and the State of Maryland to enter into a 
compact, substantially as follows, for the safety oversight of the 
Washington Metropolitan Area Transit Authority system, which compact, 
known as the Metrorail Safety Commission Interstate Compact, has been 
negotiated by representatives of the District of Columbia, the 
Commonwealth of Virginia, and the State of Maryland:

                              ``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 definitions set 
forth in regulations issued under section 5329 of title 49, United 
States Code, 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 section 5329 of title 49, United States Code, 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' 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 (Public Law 89-774; 80 Stat. 
        1324); 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.

                              ``ARTICLE II

                        ``PURPOSE AND FUNCTIONS

    ``2. The Signatories to the WMATA Compact hereby adopt this MSC 
Compact pursuant to section 5329 of title 49, United States Code. 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 section 5329 of title 
49, United States Code, 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.
    ``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.
            ``(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 section 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, ___________, 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.
    ``21. The Commission shall adopt subsections (a) through (d) and 
subsection (g) of section 552 of title 5, United States Code (commonly 
known as the `Freedom of Information Act') and section 552b of title 5, 
United States Code (commonly known as the `Government in Sunshine 
Act'), 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 section 5329 
of title 49, United States Code, 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 section 5329 of title 49, United States Code, 
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 Power.
    ``30. In carrying out its purposes, the Commission, through its 
Board or designated employees or agents, shall, consistent with Federal 
law--
            ``(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 do the following:
            ``(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 
                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 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.
            ``(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 
        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;
            ``(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 percent 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 (Public Law 93-198; 
87 Stat. 774).
    ``44. Pursuant to the requirements of sections 1341, 1342, 1349, 
1350, 1351, 1511, and 1519 of title 31, United States Code, and 
sections 47-105 and 47-355.01 to 355.08 of the D.C. Official Code 
(collectively referred to in this section as the `Anti-Deficiency 
Acts'), the District of Columbia 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 of Columbia in anticipation of an appropriation for such 
purpose, and the District of Columbia'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 section 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 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 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.
    ``L. 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.''.
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