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1976/06/04 HR8789 Establishment of a Washington Metropolitan Area Transit Authority Police Force
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The original documents are located in Box 46, folder "6/4/76 HR8789 Establishment of a
Washington Metropolitan Area Transit Authority Police Force" of the White House
Records Office: Legislation Case Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
APPROVED76
86/4/ML.
THE WHITE HOUSE
ACTION
WASHINGTON
Last Day: June 7
June 3, 1976
Archives
MEMORANDUM FOR
THE PRESIDENT
FROM:
6/1/76
JIM CANNOM & X
SUBJECT:
H.R. 8719 - Establishment of a
Washington Metropolitan Area Transit
Authority Police Force
Attached for your consideration is H.R. 8719, sponsored by
Representative Gude and eight others. The enrolled bill
would give Congressional approval to the Washington
Metropolitan Area Transit Authority to establish a
Metropolitan Transit Police force for the purpose of
protecting its property, personnel and patrons.
A discussion of the provisions of the enrolled bill is
provided in OMB's enrolled bill report at Tab A.
OMB, Max Friedersdorf, Counsel's Office (Lazarus) and I
recommend approval of the enrolled bill.
RECOMMENDATION
That you sign H.R. 8719 at Tab B.
LIBRARY GERALD ? 1088
Digitized from Box 46 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
STATE OFFICE OF The The PRESIDENT STATES UNITED
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
JUN 1 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 8719 - Establishment of a Washington
(D.C.) Metropolitan Area Transit Authority Police
Force
Sponsor - Rep. Gude (R) Maryland and 8 others
Last Day for Action
June 7, 1976 - Monday
Purpose
To provide for Congressional approval of the establishment of a
Metropolitan Transit Police force to protect the property, per-
sonnel, and patrons of the Washington Metropolitan Area Transit
Authority.
Agency Recommendations
Office of Management and Budget
Approval
District of Columbia
Approval
Department of Transportation
Approval
Washington Metropolitan Area
Transit Authority
Approval
Department of Justice
No objection
(Informally)
Discussion
H.R. 8719 would give Congressional approval to the Washington
Metropolitan Area Transit Authority (WMATA) to establish a
Metropolitan Transit Police force (MTP) for the purpose of pro-
tecting its property, personnel, and patrons.
Under current law, WMATA is authorized to employ watchmen,
guards, and investigators, who may be certified as special
police officers by the jurisdiction in which they serve.
2
These provisions are considered inadequate to meet the special
needs of the metropolitan rapid transit system and an amendment
to the Washington Metropolitan Area Transit Regulation Compact
is needed to set up a transit police force. Since the Compact
is an interstate agreement, Congressional approval of any
amendment is also required. Maryland, Virginia, and the Dis-
trict of Columbia have all passed laws which would enable them
to implement the Compact amendments upon enactment of this bill.
Since it is unclear whether the District has authority to adopt
amendments to the Compact on its own, the enrolled bill would
adopt and enact the amendments on behalf of the District. It
would also make clear that the District Council has the authority
to enact any future amendments to the Compact.
The jurisdiction of the MTP would be limited to transit facilities.
In cases of hot pursuit, however, MTP officers may make arrests
anywhere in the Transit Zone, which essentially includes the entire
metropolitan area. The enrolled bill would authorize WMATA to
enter into agreements with Maryland, Virginia, and the District
(and their political subdivisions), as well as with Federal agen-
cies, to delineate functions and responsibilities among the MTP,
fire, and other public safety agencies. It would authorize WMATA
to establish the compensation, training, and qualifications for
MTP officers. WMATA would also be authorized to adopt rules
and regulations for the protection of its facilities, with
violations to be punishable by a fine of up to $250.
Finally, the bill would:
-- authorize the Mayor to execute, on behalf of the
District, the amendments to the Compact made by the
legislation;
-- provide that the D.C. Superior Court shall have
jurisdiction of violations of WMATA rules committed
in the District; and
-- reserve the right of Congress to amend, alter, or
repeal this Act.
H.R. 8719 is the result of cooperation between WMATA and the local
jurisdictions, and is supported by the Washington Metropolitan
Council of Governments, the area police chiefs, prosecutors, and
county and city councils. It involves no costs to the Federal
government.
James Director Jry
for Legislative Reference
Enclosures
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY
Montgomers
County
600 Fifth Street, N.W., Washington, D. C. 20001
(202) 637-1234
Alexandra
Filax Count
MAY 27 1976
Board of Directors
STERLING TUCKER
District of Columbia
Mr. James M. Frey
Chairman
Assistant Director for Legislative
FRANCIS W. WHITE
Reference
Maryland
Vice Chairman
Office of Management and Budget
JOSEPH S. WHOLEY
Washington, D.C.
Virginia
Second Vice Chairman
Hand carry to Ms. Ramsey
WALTER E. WASHINGTON
District of Columbia
Room 7201
CLEATUS E. BARNETT
New Executive Office Building
Maryland
JOSEPH ALEXANDER
Dear Mr. Frey:
Virginia
Alternate Directors
The Washington Metropolitan Area Transit Authority appreciates
JAMES E. COATES
the opportunity to submit its views and recommendations with
JERRY A. MOORE, JR.
District of Columbia
respect to Enrolled Bill H.R. 8719.
CARLTON R. SICKLES
NORMAN L. CHRISTELLER
The Authority's partisan position on the subject of an effec-
Maryland
tive security system for Metro ridership and rail transit facilities
CHARLES E. BEATLEY, JR.
is familiar, I am sure. The Metro Transit Police amendment to
JOHN P. SHACOCHIS
Virginia
title 111 of the Washington Metropolitan Area Transit Regulation
Compact constitutes the vital final step in providing necessary
Officers
security so essential to the well-being of our patrons. The concept
WARREN QUENSTEDT
is not new, obviously. The original title III adopted pursuant
Acting General Manager
to P.L. 89-774, 80 Stat. 1324, contemplated use of watchmen, guards
WARREN QUENSTEDT
and investigators for protection of passengers, personnel and
Deputy General Manager
Metro properties, in anticipation of a subsequent amendment which
WILLIAM A. BOLEYN
Executive Officer
would carefully delineate and flesh out the detailed authorities
and Comptroller
and responsibilities of a Metro Transit Police force.
DELMER ISON
Secretary-Treasurer
The Washington Metropolitan Area Transit Authority is convinced
JOHN R. KENNEDY
General Counsel
that the pressing need for this security force can scarcely be
ROY T. DODGE
exaggerated. We emphatically support the goals and purposes of
Chief of Design
H.R. 8719 and strongly recommend that the President approve it.
and Construction
RALPH L. WOOD
Chief of Operations
and Maintenance
Sincerely,
Instructions
M
Warren Quenstedt
metro
OF TRANSPORTATION
OFFICE OF THE SECRETARY OF TRANSPORTATION
*
WASHINGTON, D.C. 20590
UNITED STATES OF AMERICA
GENERAL COUNSEL
MAY 28 1976
Honorable James T. Lynn
Director, Office of Management
and Budget
Washington, D. C. 20503
Dear Mr. Lynn:
The views of this Department have been requested on H.R. 8719, an enrolled
bill:
To provide for an amendment to the Washington Metropolitan Area
Transit Regulation Compact to provide for the protection of the
patrons, personnel, and property of the Washington Metropolitan
Area Transit Authority.
The bill would establish a Metro Transit Police force, which would have
power to enforce laws and regulations on transit facilities owned, con-
trolled or operated by the Washington Metropolitan Area Transit Authority.
The bill would also allow the Metro Transit Police to enter into agree-
ments with Federal public safety agencies for the delineation of their
respective functions and responsibilities.
The bill as passed contains an ambiguity regarding the authority of the
Metro Transit Police on transit facilities located on the Federally-controlled
Washington National Airport. The Department does not consider this matter
to be sufficiently important to justify a veto of the bill.
The legislation provides necessary authority for the carrying out of vital
public safety functions on transit facilities in the Washington area. For
that reason, the Department recommends that the President sign the measure.
Sincerely,
John Hart Ely
DISTRICTO
OF
VISITID
THE DISTRICT OF COLUMBIA
WALTER E. WASHINGTON
MAYOR
WASHINGTON, D. C. 20004
May 28, 1976
Mr. James M. Frey
Assistant Director for Legislative Reference
Office of Management and Budget
Executive Office Building
Washington, D.C.
Dear Mr. Frey:
This is in reference to a facsimile of an enrolled
enactment of Congress entitled:
H.R. 8719 - To provide for an amendment to the
Washington Metropolitan Area Transit Regulation
Compact to provide for the protection of the
patrons, personnel, and property of the Wash-
ington Metropolitan Area Transit Authority.
The enrolled bill will replace existing inadequate
security provisions with comprehensive legislation
designed to authorize the Washington Metropolitan
Area Transit Authority to establish and maintain a
regular police force, to be known as the Metro Transit
Police, to provide maximum protection for the patrons,
personnel, and facilities of the Metro transit system,
to provide for mutual aid agreements between WMATA and
the various Transit Zone jurisdictions, and to adopt
uniform rules and regulations for the Transit Zone.
The bill provides for concurrent jurisdiction of Metro
and local police on all transit facilities. However,
primary law enforcement responsibility for the trains
and the tunnels will rest with the Metro police while
the local authorities will retain primary responsibil-
ity for stations and parking lots.
The jurisdiction of the Metro Transit Police will be
limited to transit facilities, except that Metro police
can make arrests anywhere in the Transit Zone for viola-
tions committed upon, to, or against transit facilities
while in close or hot pursuit. Members of the Metro
Transit Police will enforce the laws of the signatory
jurisdictions; the laws, ordinances, and regulations
of the political subdivisions within the Transit Zone;
and the rules and regulations of the Authority.
The powers of the Metro Transit Police will be identi-
cal to those of the duly constituted police force of
the jurisdiction in which the Metro Transit Police is
on duty. However, a Metro Transit Police member may
carry and use a weapon only in the performance of his
duties or while on transit facilities in direct transit
to and from a duty assignment. He may carry his weapon
only while in direct transit to and from a duty assign-
ment.
Members of the Metro Transit Police will also have power
to serve process on transit facilities and may serve
process off transit facilities, except in the State of
Maryland. Prosecution of offenders will be accomplished
by issuing a summons or citation, or by booking or de-
livering the alleged offender to a duly constituted
police or judicial officer of the jurisdiction in which
the arrest is made.
The bill also grants WMATA the power to adopt rules and
regulations for the safe, convenient, and orderly use
of the transit system facilities, including payment of
fares, protection and safety of persons and property,
and the control of traffic and parking. If any of these
rules or regulations conflict with laws, ordinances, or
regulations of a signatory or political subdivision, the
WMATA regulation will be void within such jurisdiction.
The rules and regulations will be adopted in accordance
with due process. Violations of WMATA rules and regu-
lations will be punishable, after conviction, by a fine
of not more than $250, and costs. Section 3 of the bill
vests jurisdiction in the Superior Court to try viola-
tions of such rules and regulations which are committed
in the District of Columbia.
In addition, the bill provides for the appointment, com-
pensation, qualifications, and training of the Metro
Transit Police. Qualification and training will, at a
minimum, equal the requirements of each signatory juris-
diction and the political subdivisions thereof for per-
sonnel performing comparable duties.
- 2 -
Finally, the bill empowers WMATA to enter into mutual
aid agreements with signatories and political subdivi-
sions, including public safety agencies of the Federal
Government, and for agreements as to delineation of
functions and responsibilities among Metro Transit
Police, fire, and public safety agencies.
The authority provided by H.R. 8719 is vitally important
to the successful operation of the Metro subway system,
especially in view of the fact that phase I of the sys-
tem has now begun operations within the District of
Columbia. Moreover, it is essential that a trained
and experienced Metro Transit Police force be opera-
tional in order to aid and protect visitors to the
Nation's Capital during the Bicentennial.
It is estimated that the costs of the Metro Transit
Police force will approximate $1.5 million for the
first year of operation, and when fully operational
approximately $3.5 million a year. The District of
Columbia is obligated to pay its proportionate share
of these operating costs.
The District Government strongly urges the approval of
H.R. 8719.
Sincerely yours,
Of
JULIAN R. DUGAS
City Administrator
- 3 -
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
6-1-76-gm,
JUN 1 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 8719 - Establishment of a Washington
(D.C.) Metropolitan Area Transit Authority Police
Force
Sponsor - Rep. Gude (R) Maryland and 8 others
Last Day for Action
June 7, 1976 - Monday
Purpose
To provide for Congressional approval of the establishment of a
Metropolitan Transit Police force to protect the property, per-
sonnel, and patrons of the Washington Metropolitan Area Transit
Authority.
Agency Recommendations
Office of Management and Budget
Approval
District of Columbia
Approval
Department of Transportation
Approval
Washington Metropolitan Area
Transit Authority
Approval
Department of Justice
No objection
(Informally)
Discussion
H.R. 8719 would give Congressional approval to the Washington
Metropolitan Area Transit Authority (WMATA) to establish a
Metropolitan Transit Police force (MTP) for the purpose of pro-
tecting its property, personnel, and patrons.
Under current law, WMATA is authorized to employ watchmen,
guards, and investigators, who may be certified as special
police officers by the jurisdiction in which they serve.
2
These provisions are considered inadequate to meet the special
needs of the metropolitan rapid transit system and an amendment
to the Washington Metropolitan Area Transit Regulation Compact
is needed to set up a transit police force. Since the Compact
is an interstate agreement, Congressional approval of any
amendment is also required. Maryland, Virginia, and the Dis-
trict of Columbia have all passed laws which would enable them
to implement the Compact amendments upon enactment of this bill.
Since it is unclear whether the District has authority to adopt
amendments to the Compact on its own, the enrolled bill would
adopt and enact the amendments on behalf of the District. It
would also make clear that the District Council has the authority
to enact any future amendments to the Compact.
The jurisdiction of the MTP would be limited to transit facilities.
In cases of hot pursuit, however, MTP officers may make arrests
anywhere in the Transit Zone, which essentially includes the entire
metropolitan area. The enrolled bill would authorize WMATA to
enter into agreements with Maryland, Virginia, and the District
(and their political subdivisions), as well as with Federal agen-
cies, to delineate functions and responsibilities among the MTP,
fire, and other public safety agencies. It would authorize WMATA
to establish the compensation, training, and qualifications for
MTP officers. WMATA would also be authorized to adopt rules
and regulations for the protection of its facilities, with
violations to be punishable by a fine of up to $250.
Finally, the bill would:
-- authorize the Mayor to execute, on behalf of the
District, the amendments to the Compact made by the
legislation;
--- provide that the D.C. Superior Court shall have
jurisdiction of violations of WMATA rules committed
in the District; and
reserve the right of Congress to amend, alter, or
repeal this Act.
H.R. 8719 is the result of cooperation between WMATA and the local
jurisdictions, and is supported by the Washington Metropolitan
Council of Governments, the area police chiefs, prosecutors, and
county and city councils. It involves no costs to the Federal
government.
James Director m.Frey
for Legislative Reference
Enclosures
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: June 2
Time:
730am
Steee McConahey
Jack Marsh
FOR ACTION:
cc (for information):
Max Friedersdorf
Jim Cavanaugh
Ken Lazarus
Ed Schmults
FROM THE STAFF SECRETARY
DUE: Date: June 2
Time:
530pm
SUBJECT:
H.R. 8719 - Establishment of a Washington Metropolitan
Area Transit Authority Police Force
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
K. R. COLE, JR.
telephone the Staff Secretary immediately.
For the President
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
:
LOG NO.:
Date: June 2
Time:
730am
FOR ACTION:
Steve McConahey
CC (for information):
Jack Marsh
Max Friedersdorf
Jim Cavanaugh
Ken Lazarus
Ed Schmults
FROM THE STAFF SECRETARY
DUE: Date: June 2
Time:
530pm
SUBJECT:
H.R. 8719 - Establishment of a Washington Metropolitan
Area Transit Authority Police Force
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
No objection - Ken Lazarus 6/2/76
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
James M. Cannon
telephone the Staff Secretary immediately.
For the President
1/3
Judy-
Cauld this plo he
added to the hill file -
thanks.
Katie
STATE SUBGET OPENO MI OFFICE WILL PRESIDENT
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
DATE: 6/2/76
TO:
Mr. Linder
FROM: Mr. Frey
Justice's Enrolled Bill letter
for H.R. 8719
OMB FORM 38
REV AUG 73
ASSISTANT ATTORNEY GENERAL
LEGISLATIVE AFFAIRS
Department of Justice
Washington, D.C. 20530
June 2, 1976
Honorable James T. Lynn
Director, Office of Management
and Budget
Washington, D.C. 20503
Dear Mr. Lynn:
I have examined a facsimile of the enrolled bill
H.R. 8719, "To provide for an amendment to the
Washington Metropolitan Area Transit Regulation
Compact to provide for the protection of the patrons,
personnel, and property of the Washington Metropolitan
Area Transit Authority."
The Department of Justice maintains no objection
to the enactment of this legislation.
Sincerely,
U.
Michael M. Uhlmann
Assistant Attorney General
THE WHITE HOUSE
WASHINGTON
June 3, 1976
MEMORANDUM FOR:
JIM CAVANAUGH
FROM:
MAX L. FRIEDERSDORF m.6
SUBJECT:
HR 8719 - Establishment of a Washington
Metropolitan Area Transit Authority Police Force
The Office of Legislative Affairs concurs with the agencies
that the subject bill be signed.
Attachments
94TH CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
1st Session
No. 94-379
METRO TRANSIT POLICE
JULY 22, 1975.-Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. DIGGS, from the Committee on the District of Columbia,
submitted the following
REPORT
[To accompany H.R. 8719]
The Committee on the District of Columbia, to whom was referred
the bill (H.R. 8719) to provide for an amendment to the Washing-
ton, Metropolitan Area Transit Regulation Compact to provide for
the protection of the patrons, personnel, and property of the Wash-
ington Metropolitan Area Transit Authority, having considered the
same, reports favorably thereon with an amendment and recommends
that the bill as amended do pass.
The amendment is as follows:
Page 8, before line 16, insert the following:
SEC. 4. Notwithstanding any other provision of this Act
or of any other law, the Council of the District of Columbia
shall have authority to enact any act adopting on behalf of
the District of Columbia amendments to the Washington
Metropolitan Area Transit Regulation Compact.
and on line 16, strike out "Sec. 4." and insert "Sec. 5.".
PURPOSE OF THE BILL
The purpose of the bill (H.R. 8719) is to amend the Washington
Metropolitan Area Transit Regulation Compact, Articles I and XVI
of Title III (D.C. Code, Title 1, Sec. 1431), in order to authorize the
Washington Metropolitan Area Transit Authority (WMATA) to
establish and maintain a regular Metro Transit Police Force.
The bill. provides Congressional consent to amendments to the
Compact substantially adopted by the Commonwealth of Virginia (on
April 8, 1974) and the State of Maryland (on May 31, 1974), and
enacts such amendments for the District of Columbia. The bill defines
the role and jurisdiction of the Metro Transit Police Force; au-
thorizes the issuance of rules and regulations by the Transit Authority
*57-006
2
3
for safe and effective transit facility operations; designates the
The amendments to Compact Section 76(f) authorize the establish-
Superior Court of the District of Columbia as the court of competent
ment of duty classifications and qualifications for the Transit Police,
jurisdiction in the District of Columbia for prosecution of violations
authorize training of such police, and provide for distinctive uniforms
against Transit Authority rules and regulations in the District of
for the Transit Police personnel, as prescribed by the Washington
Columbia; and clarifies the authority of the Council of the District of
Metropolitan Area Transit Authority.
Columbia to enact amendments to the Compact agreement.
The amendments to Compact Section 76(g) provide that the Transit
Authority may enter into agreements defining the functions and
MAJOR PROVISIONS OF THE BILL
responsibilities of the Transit Police, and may establish agreements
for mutual assistance with the signatories, their political subdivisions,
SECTION 1. DEFINITIONS, ESTABLISHMENT OF METRO TRANSIT POLICE
and the public safety agencies.
Members of the Transit Police force shall be administered an oath
In this section, the Transit Zone of the Washington Metropolitan
of office to perform the duties of their office faithfully.
Area Transit Authority's facilities is defined. The Transit Authority is
authorized to establish a regular Metro Transit Police force with
SECTION 2. DUTIES OF THE MAYOR OF THE DISTRICT OF COLUMBIA
defined powers and jurisdiction to be the same as those of law enforce-
ment officers of the signatory jurisdictions. The Transit Police force is
In this section, the Mayor of the District of Columbia is authorized
provided authority to enforce the laws of the Compact signatory
and directed to execute, on behalf of the District of Columbia, any
jurisdictions, and is given concurrent jurisdiction with the law enforce-
amendments substantially set forth in Section 1 of this legislation.
ment agencies of the signatories and their political subdivisions.
Such amendments will become effective immediately upon execution.
Transit Police will be restricted in their use of weapons by the regu-
lations imposed upon the regular police forces of the political sub-
SECTION 3. JURISDICTION OF THE DISTRICT OF COLUMBIA SUPERIOR
divisions in which the Transit Police are performing their duties.
COURT
Transit Police force personnel are authorized to carry and use only
such weapons as are issued by the Transit Authority, and may only
This section provides that the District of Columbia Superior Court
carry and use such weapons when in the performance of their duties,
shall have jurisdiction of any violation, committed in the District of
or when in direct transit to or from a duty assignment.
Columbia, of rules and regulations of the Washington Metropolitan
Transit Police force members are authorized to execute traffic
Area Transit Authority, adopted pursuant to the provisions of the
citations and criminal process if issued by any court of a signatory
legislation.
jurisdiction, for any offense against the laws and regulations of the
signatories, their political subdivisions or the regulations of the
SECTION 4. AUTHORITY OF DISTRICT OF COLUMBIA COUNCIL
Transit Authority. The Transit Police, except in the State of Maryland,
may execute criminal process for offenses upon or against transit
This section clarifies the authority of the Council of the District of
Columbia to enact legislation on behalf of the District of Columbia
facilities. In amending Section 76(d) of the Washington Metropolitan Area
adopting amendments to the Washington Metropolitan Area Transit
Transit Regulation Compact, H.R. 8719 defines the Transit Police
Regulation Compact.
officer's procedure upon making an apprehension or arrest. By the
provisions of this section, such officer shall either issue a summons or
SECTION 5. RESERVATION OF CONGRESSIONAL RIGHT
citation against the person, book the person, or deliver the person to the
duly constituted police or judicial officer of the signatory jurisdiction
This section expressly reserves the right of Congress to amend,
or its political subdivision, where the apprehension or arrest is made,
alter, or repeal this Act, pursuant to the customary practice regarding
for disposition in accordance with the laws of the place of apprehen-
interstate compact consent legislation.
sion or arrest.
COMMITTEE AMENDMENT
The bill, in amending Section 76(e) of the Compact, authorizes the
Washington Metropolitan Area Transit Authority to adopt rules and
The Committee amendment makes it explicitly clear that the
regulations governing the safe and orderly use of transit facilities,
Council of the District of Columbia has the authority to enact legisla-
providing that such rules and regulations are uniform throughout the
tion on behalf of the District of Columbia adopting amendments to
Transit Zone, and provided that such rules and regulations are adopted
the Washington Metropolitan Area Transit Regulation Compact.
in accordance with due process. Basic requirements for due process are
Congressional action was taken in this respect in H.R. 8719 to
defined in this subsection. Violation of rules and regulations of the
clarify The District Council authority and to ensure adoption of the
Transit Authority are punishable by a maximum fine of $250, and
amendments to the Compact within the short time period projected
costs. Any Transit Authority rules and regulations which contravene
for the start of initial rail system operations. Although initial opera-
the laws of a signatory or its political subdivisions shall be void within
tions of the rapid rail system are projected for November, 1975, the
such a jurisdiction.
4
5
Committee had received estímates that the earliest effective date for
system must generate public confidence with regard to the compara-
legislation by the City Council would be December, 1975.
tive safety of patronizing the mass transit system. Several studies,
Under this amendment, the signatories to any future amendments
including one conducted by the President's Commission on Law
to this Compact will continue to be required to obtain the usual consent
Enforcement and Administration of Justice, have found a direct
of Congress. As to all such future amendments to this Compact,
relationship between levels of transit ridership and fear of victimiza-
Congress would be acting solely for itself pursuant to the customary
tion while patronizing public transit systems. Presumably, the ef-
consent procedure for interstate compact amendments, and no longer
fectiveness of the Transit Authority's security system will have a
for and on behalf of the District of Columbia.
recognizable impact upon its level of ridership and upon its revenues.
Next, the rapid rail system has been designed to begin operations
BACKGROUND
under a schedule phased over a minimum five-year period. Protection
will be needed for METRO subway system stations and other facilities
The Washington Metropolitan Area Transit Authority is the
before they are operational for patron use, during stages of partial
interstate compact agency with primary responsibility for construc-
construction completion, and during periods of facilities testing. It
tion of METRO rapid transit facilities, operation of such facilities,
has been estimated that rail system facilities in construction and pre-
and the administration and operation of the bus system for the
operational phases will require security protection for as long as two
Washington metropolitan region. Construction of the initial segments
years.
of the METRO rail system (designed to serve as a regional rapid rail
Finally, the adopted mass transit system for the Washington metro-
transit system for the District of Columbia and parts of Maryland
politan area involves a high-speed, inter-jurisdictional rapid rail
and Virginia) are nearly completed, with operations of the first four
system through the two States, the District of Columbia, four counties,
and one-half miles projected, to begin November 1, 1975. Two addi-
and numerous municipal jurisdictions indicated, whose rules, regula-
tional phases of sübway system operations are currently projected to
tions, laws and ordinances must be enforced by public safety agencies
start during 1976, along with coordination of the regional bus system
both in transit facilities and near such facilities. The security provision
and transit system passenger parking lots to provide access to METRO
for the regional mass transit system must provide for inter-jurisdic-
rail stations.
tional coordination, must be capable of effectively protecting transit
The Washington Metropolitan Area Transit Authority is responsible
operations across jurisdictional boundaries, and must be capable of
for providing security for its operations, personnel, patrons, and
effectively providing security in high-speed, technologically sophisti-
facilities in a transit zone embracing the District of Columbia, portions
cated transit operations.
of two states, four counties, several independent cities, and other
As a result of the complex factors involved in developing a security
municipal corporations, and in which each individual government has
system for the regional rapid transit operations, the Washington
varying laws, ordinances, regulations, law enforcement and judical
Metropolitan Area Transit Authority in 1972, retained a consulting
processes which have an impaot upon the security programs for the
firm to study the security needs for their proposed operations. The
mass transit system. In previous years, the Transit Authority pro-
consultants reviewed security provisions of other transit systems and
vided security for the construction of mass transit facilities through
the specialized needs of the Washington metropolitan region. Their
the employment of watchmen, guards and special police. The Author-
report, completed in December 1972, concluded that watchmen,
ity has also, since consolidation and initiation of their control over
guards, investigators, or any system of special police would not
various regional bus systems, used similar personnel or private firms
provide effective protection of regional transit operations, particularly
to provide security for the bus system facilities; and local police
because of the numerous local statutes and ordinances regulating the
forces in the District and in the Virginia and Maryland suburban
actions of special police in the Compact signatory jurisdictions. The
areas have provided passenger security when needed for the bus
report recommended a regular, inter-jurisdictional Transit Police
system.
force which would work in cooperation with local police forces of the
Provision of security for initial operating phases of the rapid rail
affected jurisdictions.
system, as well as for buses, parking and other elements of the co-
A similar concept has been used to provide security for various other
ordinated mass transit systems for the region, involves consideration
mass transportation systems, including those of Chicago and New
of several factors.¹ First, the costs of operating and maintaining the
York City. The security system used in Chicago consists of a specialized
METRO System, as well as those associated with depreciation and
branch of the city police department, with responsibility for surveil-
transit system bond debt, under the current funding arrangements
lance of all transit system facilities and operations, including the
are to be handled in the same manner as other operating expenses. A
system's trains, parking lots, buses and maintenance facilities. Simi-
rather high, consistent level of system ridership will be necessary in
larly, the systems used by New York City transit agencies include
order to generate sufficient revenues to cover such costs. In order to
separate, specially-trained regular police forces, also responsible for
generate relatively high levels of ridership, the Metro security
the protection of, all transit system facilities and operations. (See
Table 1.)
1 The security director for WMATA testified at the Joint Subcommittee hearings on July 17, 1975, we
would have authority to put police officers on a-bus. You would only do that with the consent of the chief
of police of the jurisdiction you are operating in."
6
7
Hours of
operation
a.m. to
In 1973, a committee of officials representing various jurisdictions
5
1 a.m.
24.
24.
24.
20 hr,
5 a.m.
to to 1
a.m.
within Virginia and Maryland, and representing the District of Colum-
24.
20,
bia, drafted an amendment to the Washington Metropolitan Area
Transit Regulation Compact, authorizing the Transit Authority to
Method of fare
machines,
machines.
Automatic turn-
stile and
change
machines.
(Cash booth
token turn-
stiles) token.
Magnetic fare-
card stored
establish a regular, inter-jurisdictional transit police force. The concept
of a joint transit system policing force was approved by seventeen
collection
Change
ticket
Ferecard
value.
regional and local entities in 1973 and 1974. (See Table 2.)
TABLE 2.-Approval by regional agencies of the joint policing concept for WMATA
Slack hours
10 to 20, 20 to
60, minutes.
6 and min,
3 cars per
train, 1
2 cars per train_
Washington Metropolitan Area Transit Authority Board June 14, 1973.
element.
of Directors.
10 min
Metropolitan Washington Council of Governments Public
Oct. 4, 1973.
Headway
Safety Policy Committee.
Metropolitan Washington Council of Governments Board
Oct. 10, 1973.
Unknown-1973.
TABLE 1.-WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, SECURITY PROGRAM PROJECT, TRANSIT SYSTEM FEATURES COMPARISON_CHART
3, 2.3, 6 min.
per line, 9
2 min. main
routes, 8 cars
per train, 4-8
of Directors.
min. branch
Northern Virginia Transportation Commission
Rush hours
min
2 to 6 min
2 min
cars per
train, 3
element.
lines.
Washington Suburban Transit Commission
Unknown-1973.
Montgomery County Executive
Unknown-1973.
5
Montgomery County House Delegation
Oct. 16, 1973.
Prince Georges County Executive
Nov. 7, 1973.
security force
Trains, stations,
parking lots.
stations.
stations,
Buses.
Stations
Parking lots
Trains, stations
Trains, stations,
Prince Georges County Council
Nov. 7, 1973.
parking lots.
Arlington County
Jan. 26, 1974.
Scope of
Fairfax County, Va
Aug. 6, 1973.
Train,
Trains,
Trains.
Buses
City of Alexandria, Va
Mar. 14, 1973.
City of Falls Church, Va
Jan. 14, 1974.
City of Fairfax, Va
Jan. 15, 1974.
Mar. 5, 1973.
Size of security
force
17-4 per 8 hr
shift.
3383 core force
of 200 men
per shift ex-
approximately
men per shift.
City of Bowie, Md
panding to
700 to 800
81 uniformed,
5 secret, 2
directors.
City of Takoma Park, Md. (agreed with county)
Mar. 20, 1973.
Council of the District of Columbia
July 15, 1975.
96
254
57
311
Source: Washington Metropolitan Area Transit Authority, "A Report on the Requirements for Establishing a Metro Security Program."
Source Washington Metropolitan Area Transit Authority and Council of the District of
Columbia.
Type of
security force
Port Authority
Transit Corp.
own force.
Path force
Metropolitan
Transit Au-
thority
trained police
academy).
Chicago police
department
In March 1974, the State legislature of the Commonwealth of
(own
transit
security.
Metropolitan
police.
Virginia adopted Senate Bill 315, the Compact amendment, with some
insubstantial modifications, on behalf of Virginia and authorized
the Governor to execute the document. The Governor of Virginia
signed the document on April 8, 1974. The Maryland State Legislature
passengers
37,500, Monday
through
Friday.
145,000, Menday
through
Friday.
4,100,000, Mon-
day through
Friday-
1,700,000
Saturdays,
Sundays, and
holidays.
1,000,000,
Monday
through
Friday.
400,000, Mon-
day through
Friday.
959,000, Mon-
day through
Friday-
252,000 a.m.
287 287,000,000
annually by
made further insubstantial modifications in the draft amendment,
peak,
1990.
adopted Senate Bill 733 in March 1974, on behalf of Maryland, and
Daily
authorized the Governor of Maryland to sign the document on May 31,
1974.
88. 55 subway,
31 surface or
aerial-44 in
Columbia, 22
in Maryland,
20 in Virginia.
At that point, the District of Columbia, as the third signatory of
Number
stations
28, 3 lines, all
subway.
District of
the Washington Metropolitan Area Transit Regulation Compact
needed to agree to the Compact amendment. Representatives of the
12
13
477
137
District of Columbia Government testified in favor of the concept of
the amendment with some clarification in Committee hearings held
Mileage length
(237), 578
98, 38.4 District
of Columbia,
land, 29.1
50 subway,
on the Compact amendment. As a result, legislation (H.R. 8719) was
29.7 Mary-
Virginia-
36 surface.
required to authorize District of Columbia agreement to the Compact
amendment agreed to, in substance, by the other Compact signatories.
14.5
14
190
16
NEED FOR LEGISLATION
Year of
com-
menc-
ing
opera-
tion
1968
1904-
62
1912
1940
1966
1974
In its present form, the Washington Metropolitan Area Transit
Regulation Compact provides for a limited security system for the
Transit system
Port Authority
Transit Corp.
Port Authority
Trans-Hudson.
New York City
Metropolitan
Transit Authority.
Chicago Transit
Authority.
Montreal Urban
Community
Transit Com-
mission.
Washington Metro-
politan Area
Transit Authority.
regional mass transportation system. Article 76 of the Compact
provides:
name
8
09
76. The Board is authorized to employ watchmen, guards
rapid rail systems-ineluding crowd management, vandalism, fire
and investigators as it may deem necessary for the protec-
hazards, system power failures, and individual emergencies. A highly
tion of its properties, personnel and passengers and such
trained and skilled transit police force is essential to meet needs.
employees, when authorized by any jurisdiction within
It would not be cost-effective for each separate jurisdiction to train
the Zone, may serve as special police officers in any such
state or local police in these skills.
jurisdiction. Nothing contained herein shall relieve any
The first two phases of rail system operation would include four
signatory or political subdivision or agency thereof from
and one-half route miles with six stations for the first phase scheduled
its duty to provide police service and protection or to limit,
to initiate operations in November, 1975, and an additional eighteen
restrict or interfere with the jurisdiction of or performance
route miles with twenty-five stations scheduled to start operations
of duties by the existing police and law enforcement agencies.
in June 1976. By the start of the second phase, the rapid rail and
As stated in Article 76 of the Compact, the Transit Authority is
coordinated bus systems will cross interjurisdictional boundaries,
authorized to hire special police officers, or investigators, but, under
with projected peak-hour ridership of as many as 100,000 patrons,
present Compact provisions, may not employ a regular, or transit
and would require that security provisions be arranged for the transit
police force. At this time, there is legal authorization for special
operations. Additional ridership of the mass transit system is projected
police, or their equivalent, in the District of Columbia, Maryland,
for 1976, with the influx of persons to the District of Columbia to
Virginia, and in all their political subdivisions. Such special police
attend Bicentennial events and celebrations. Estimates of visitors to
officers are available to provide transit system security on a purely
the District during 1976 have ranged as high as 30 million persons,
local basis, and as such, their jurisdiction is limited to the appointing
or nearly 200,000 persons per day.
locality.
If there is to be established a regular Transit Police force, the
In all municipalities, jurisdiction of special police is limited to the
estimated recruiting and training period for the initial transit force
areas designated in their appointments, and under most regulations,
is six months, and if other provisions are to be made for security
would be limited to specific transit facilities. Although, under most
provision by the signatory jurisdictions, the estimates for such ar-
existing local ordinances of the signatory jurisdictions, special police
rangements range up to one year. Accordingly, the states of Maryland
forces have the authority of regular police forces within their appointed
and Virginia have adopted proposed amendments to the Transit
geographical limitations, special police officers are limited in their
Regulation Compact to provide for a regular, Transit Police force
use of hot or fresh pursuit across interstate boundaries for all cases
for the Washington Metropolitan Area Mass Transit System. This
except felony cases, and cost considerations of extradition by special
legislation provides for adoption of the proposed amendment on behalf
police across jurisdictional boundaries are prohibitive for all except
of the District of Columbia, and provides Congressional consent for
serious offenses. Offenders in a high-speed, interjurisdictional mass
its adoption by the signatory jurisdictions.
transit system may often be apprehended in a jurisdiction other than
It is the opinion of the Committee that the continued use of special
that in which the offense occurred, and as a result, questions of venue
police forces to provide security for the Washington regional mass
may provide additional restraints on efficient prosecution of violators
transportation system is neither practical nor economically feasible,
within the transit zones. Should there be continued use of special
particularly in situations currently projected, in which not only will
police to provide transit system security, the requisite process of
the rapid rail system begin its operation across jurisdictional
transporting and booking offenders for minor infractions may not be
boundaries, but also, the system will provide mass transit services to
economically feasible, and, in addition, the possibilities of cases re-
numerous visitors to our National Capital Bicentennial celebrations.
quiring extradition may make prosecution of infractions not feasible.
The usual practice of amending an interstate compact, 'such as
Local police forces, although they would not require major addi-
P.L. 86-794, requires the adoption of all signatories and the consent
tional costs for administration of transit security, would experience
of the Congress. The approval process requires considerable periods
patrol dead time on overlapping patrols where transit lines crossed state
of time, as does the training period projected for the regular transit
boundaries, because their personnel would have to make return trips
police force, and, in the opinion of the Committee, this legislation,
after the transit system crossed each jurisdictional boundary. Simi-
providing the final stage of the approval process, is required to assure
larly, use of state-wide police forces would again result in some patrol
timely, safe, and effective operation of the Washington metropolitan
dead time as state boundaries are crossed, and, in addition, would
region's rapid transit system.
require the establishment of new administrative structures to provide
As to the size of the Metro Transit Police force, the testimony
state protective services, along with additional costs for such
before the Committee was that the current budget estimates for the
administration.
Security Department of the Washington Metropolitan Area Transit
In addition, the proposed Metro Transit Police force (as
Authority provide for an initial 96-member regular Transit Police
opposed to state or local police forces) must be prepared and will, be
forcè, which when the transit operations expand, will be increased to
required to deal with unique problems associated with underground
an approximately 200-member force.
10
11
LEGISLATIVE HISTORY
earlier language was to permit a Metro Transit Police officer to deliver
the apprehended or arrested person to the local police (as well as to
H.R. 8719 is a clean bill which includes subcommittee amendments
the local judicial officer) for further process, that language regarding
to H.R. 3428 introduced by Mr. Gude on February 20, 1975.
delivery apparently was not free from doubt. Compact amendment
On July 17, 1975, joint hearings were held by the Subcommittee on
Section 76(d) as reported makes it clear that a Metro Transit Police
Judiciary and the Subcommittee on Commerce, Housing and Trans-
officer may make such delivery if the law cf the place of apprehension
portation on H.R. 3428 and H.R. 4285 (introduced by Chairman Diggs).
or arrest provides for such delivery. This clarification is therefore not
Joint Subcommittee mark-up was held on the same day, and Full
a substantive change because the Transit Police officer must in any
Committee mark-up on July 21, 1975.
case conform to the requirements of the law of the place of apprehen-
Testimony in support of establishing and maintaining a new Metro
sion or arrest.
Transit Police force was received from representatives of the Washing-
4. Section 3 confers upon the Superior Court of the District of
ton Metropolitan Area Transit Authority, the District of Columbia
Columbia jurisdiction over violations of WMATA rules and regula-
Government and the Metropolitan Washington Council of Govern-
tions committed within the District of Columbia. This measure was
ments. In addition, comments were solicited and received by the Sub-
deemed necessary because the language of D.C. Code (Title 11,
committee Chairmen from 45 officials of the jurisdictions to be served
Sec. 923 (1973 Ed.)) appeared not to confer upon the Superior Court
by Metro. These officials included members of the judiciary, municipal
such jurisdiction, and the case law supports this view. The United
and county executives, prosecuting attorneys, police chiefs, and other
States District Court for the District of Columbia was considered to
interested parties. Their responses, which overwhelmingly support
be an inappropriate alternative tribunal upon which to confer juris-
the establishment and maintenance of a Metro Transit Police force,
diction over such violations.
have been entered into the record of the joint Subcommittee hearings.
5. Section 4 was added to clarify the Council's authority to adopt,
The District of Columbia Government, although firmly supporting
on behalf of the District of Columbia, amendments to the Washington
the basic purposes of this legislation, preferred legislation which con-
Metropolitan Area Transit Regulation Compact. This Section is not
templated the elected government taking action to adopt the Compact
intended to modify in any way the usual requirement for Congressional
amendment. They did not favor legislation which provided that
consent to compact amendments enacted and adopted by the three
Congress adopt the Compact amendment on behalf of the District
signatory jurisdictions. Accordingly, no such compact amendment
government and authorize the Mayor to execute the document.
will take effect without the consent or approval of Congress.
:
There was uncertainty as to the authority of the District of Colum-
6. Section 5 was added reserving the right of Congress to amend,
bia Government to act in this respect, and due to the uncertainties,
alter or repeal this Act, in accordance with customary practice.
and questions of time remaining before the initial operation of the
rapid transit system, the Committee adopted Section 4 of the bill.
SECTION-BY-SECTION ANALYSIS
The Committee considered the following matters, inter alia, during
its mark-up session:
SECTION 1
1. The technical and grammatical changes in Section 1 were made to
improve the Compact amendment's clarity and consistency, none of
Congress consents to, and adopts and enacts for the District, the
which affect the substance of the Compact amendment as adopted.
following amendments to the Washington Metropolitan Area Transit
2. Under Section 1 (see Section 76(a) of the Compact amendment),
Regulation Compact.
the Committee considered the security and protection of persons (as
Paragraphs (1), (2), and (3) provide for a definition of Transit
distinguished from property) to be a paramount concern of this
Zone so that such term may be used throughout the Compact.
legislation. It was concluded that the language and intent of this
Paragraph (4) amends Section 76 of Article XVI of the Compact
Section clearly imposes a duty upon Metro Transit Police to protect
as follows:
its patrons and personnel as well as transit property. Metro Transit
Section 76(a)
Police are charged with enforcement of all laws, ordinances, rules and
regulations applicable in the Transit Zone,¹ but their jurisdiction
The Washington Metropolitan Area Transit Authority (WMATA)
normally is limited to enforcement while on transit facilities. The sole
is authorized to establish and maintain the Metro Transit Police to
exception occurs in a situation of "hot pursuit", in which case Metro
protect its patrons, personnel, and facilities. The Metro Transit
Transit Police jurisdiction extends beyond the transit facilities into
Police will enforce the laws of the signatories and the political sub-
the entire Transit Zone.
divisions thereof in the transit zone, and WMATA regulations.
3. In Section 1 (see Section 76(d) of the Compact amendment),
Metro Transit Police jurisdiction is limited to Metro facilities except
language concerning Metro Transit Police officers' duties incident
for "hot pursuit" arrests in the transit zone for violations committed
to apprehension or arrest was clarified. Although the intention of
upon, to, or against transit facilities. Metro Transit Police will have
concurrent jurisdiction with law enforcement agencies of the signa-
1 Section 76(a) of the Compact amendment imposes upon Metro Transit Police the duties "to provide
protection for its patrons, personnel, and transit facilities" and "of enforcing the laws of the signatories, the
tories and political subdivisions, but nothing in Section 76 will relieve
laws, ordinances, and regulations of the political subdivisions thereof in the Transit Zone, and the rules and
regulations of the Authority".
12
13
local public safety agencies of their duties or interfere with their
political subdivision thereof in the Transit Zone for: their personnel
jurisdiction or the performance of their duties.¹
performing comparable duties. Distinctive uniforms for the police
Section 76 (b)
will be prescribed by WMATA.
Metro Transit Police powers (including arrest) and limitations
Section 76 (g)
will be the same as those of the law enforcement officers of the political
Agreements detining the functions and responsibilities of Metro
subdivision in which the member of the force is performing his duties.
Transit Police and other public safety agencies and for mutual
The carrying and use of weapons are only authorized if such weapons
assistance may. be entered into by WMATA, the signatories, the
are issued by WMATA, and they may only be carried and used in
political subdivisions thereof in the Transit Zone, and the public
the performance of duty or while on Metro facilities in direct transit
safety agencies.
to or from a duty assignment. Carrying weapons is also authorized
while in direct transit to or from a duty assignment even if not on a
Section 76 (h)
Metro facility. Use of handguns is further restricted by the same
Each member of the Metro Transit Police will take an oath to per-
limitations imposed on the police force of the political subdivision in
form the duties of his office faithfully.
which the Metro police officer is performing his duties.
Section 76 (c)
SECTION 2
Execution of traffic citations and criminal process on transit facili-
The Mayor of the District of Columbia is authorized and directed
ties by Metro Transit Police is authorized if issued by any court of a
to execute the Compact amendment on behalf of the District of
signatory or political subdivision thereof for any offense against the
Columbia.
laws of the signatories or the political subdivisions thereof or the
SECTION 3
regulations of WMATA. Execution of criminal process throughout
the Transit Zone by Metro Transit Police for offenses committed
The Superior Court of the District of Columbia is granted jurisdic-
upon or against Metro facilities is authorized, except in the State of
tion over cases involving violations, committed in the District of
Maryland.
Columbia, of WMATA rules and regulations.
Section 76 (d)
SECTION 4
Upon apprehension or arrest, Metro Transit Police will, in accord-
ance with the law of the place of apprehension or arrest, issue a
This section was added to make clear the Council's authority to
summons or citation against the person, book the person, or deliver
adopt on behalf of the District of Columbia amendments to the Wash-
the person to the duly constituted police or judicial officer of the
ington Metropolitan Area Transit Regulation Compact.
signatory or political subdivision where the apprehension or arrest is
made.
SECTION 5
Section 76 (e)
The right of Congress to alter, amend, or repeal this Act is expressly
Power to adopt rules and regulations for the safe and orderly use
reserved, in accordance with customary language included in inter-
of the transit facilities is granted to WMATA. WMATA rules and
state compact consent legislation.
regulations contravening the laws of a signatory or political sub-
division thereof will be void within such signatory or political sub-
DEPARTMENTAL REPORTS
division. Such WMATA rules and regulations will be uniform in all
Reports to the Chairman on this legislation from the Washington
other respects throughout the Transit Zone. The WMATA rules and
Metropolitan Area Transit Authority, from the Mayor and the Coun-
regulations will be adopted in accordance with due process including,
cil of the District of Columbia, and from the Metropolitan Washing-
but not limited to: circulating notice of the intended action; affording
ton Council of Governments, follow:
interested persons the opportunity to submit data or views orally
or in writing; and holding a public hearing. Violation of WMATA
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY,
rules or regulations will be punishable by fine of not more than $250
Washington, D.C., April 7, 1975.
and costs.
Hon. CHARLES. C. DIGGS, Jr.,
Section 76 (f)
Chairman, Committee on the District of Columbia, Washington, D.C.
Duty classifications and qualifications for Metro Transit Police
DEAR CHAIRMAN DIGGS: This is in response to your request for a
will be established. Training of the police will be provided by WMATA
report and recommendation with respect to H.R. 3428 and H.R.
and will at least equal the training required by each signatory and
4285, substantively identical bills "To grant the consent of Congress
for the State of Maryland, the Commonwealth of Virginia, and the
1 Although Metro Police will have concurrent jurisdiction with the local law enforcement agencies,
District of Columbia to amend the Washington Metropolitan Area
WMATA has developed working arrangements with the affected local police forces to define their respective
primary responsibilities. Under this arrangement, testimony indicates that Metro Transit Police will
Transit Regulation Compact to authorize the Washington Metro-
have primary responsibility for patrolling the trains and tunnels, and the local police will have primary
responsibility for station platform areas and parking lots.
politan Area Transit Authority to establish and maintain a Metro
14
15
Transit Police force, to authorize the Washington Metropolitan Area
The proposed Transit Security Police legislation is an amendment
Transit Authority to enter into mutual aid agreements with the various
to the Washington Metropolitan Area Transit Authority Compact
jurisdictions within the Transit Zone, and for other purposes."
enacted by Congress on behalf of the District of Columbia in P.L.
Metro security has been a subject of great interest and considerable
89-774, which also provided the consent of the Congress required
discussion in the Washington Metropolitan Area for the past several
under Article I, Sec. 10 of the United States Constitution. The amend-
years. It is universally felt that Metro must provide a safe and secure
ment proposed would have applicability in the States of Maryland
environment for the citizens of the region and visitors to the National
and Virginia as well as the District of Columbia. Accordingly, it
Capital Area. How best to accomplish that purpose was the subject
appears that a literal construction of the above quoted limitation on
of an exhaustive study of Metro's security needs by the Arthur Young
the Council's legislative powers would preclude it from enacting the
Company of Washington, D.C., completed in December of 1972. The
proposed amendment to the Compact which is not restricted in its
basic conclusion of that study was that there is a need for an inter-
application exclusively in or to the District.
jurisdictional Metro police force to work in cooperation with local
In Section 601 of the "Home Rule Act", the Congress reserved the
police to protect Metro's passengers, employees and property. It was
right, at any time, to exercise its constitutional authority as legislator
also recommended that the Washington Metropolitan Area Transit
for the District by enacting legislation for the District on any subject
Authority be vested with limited authority to adopt rules and regula-
whether within or without the scope of legislative power granted to the
tions related to transit facilities and operations.
Council by the Act.
Briefly stated, the joint policing policy calls for both Metro and
Since there appears to be some question with respect to the legisla-
local police to have full police powers on all Metro transit facilities.
tive powers of the Council of the District of Columbia in this regard,
In addition, Metro police would have primary law enforcement
and since the Congress must, in any event, enact consent legislation
responsibility in the trains and the tunnels, while the local police
to effect amendment of the Compact, we believe that enactment of the
organizations would have primary responsibility in the stations and
legislation in the form set forth in H.R. 3428 would avoid this question
parking lots. Both Metro and local police would lend support to each
and be the preferable course to follow.
other as needed.
Accordingly, the Washington Metropolitan Area Transit Authority
H.R. 3428 or H.R. 4285 would empower the Washington Metro-
endorses H.R. 3428 and urges its enactment by Congress as soon as
politan Area Transit Authority to implement this Metro security
possible so that the Compact will be effectively amended and Metro
program. The program and legislation to implement it have been
may begin its program of organization, recruitment and training to
endorsed by the Authority's Board of Directors, the Metropolitan
assure the availability of an adequate and competent security force in
Washington Council of Governments, the individual prosecutors and
time for the commencement of rail operation in the Fall of this year.
police chiefs of the region and the governing bodies of all eight local
Sincerely,
jurisdictions in the Washington Metropolitan Area Transit Zone.
JACKSON GRAHAM.
Additionally, the legislation has been enacted by the Commonwealth
of Virginia and the State of Maryland.
THE DISTRICT OF Columbia,
Although H.R. 3428 and H.R. 4285 are, as previously indicated,
Washington, D.C., June 19, 1975.
substantively identical bills, they differ in the procedural approach
Hon. CHARLES C. DIGGS, Jr.,
for amending the Compact. H.R. 3428 would not only provide
Chairman, Committee on the District of Columbia,
congressional consent to amendment of the Compact but would
U.S. House of Representatives, Washington, D.C.
adopt and enact the amendment on behalf of the District of Columbia.
DEAR MR. CHAIRMAN: The Government of the District of Columbia
H.R. 4285, however, provides only congressional consent to the
amendment. The latter presumably presupposes adoption of the
has for report H.R. 3428 and H.R. 4285, substantially identical bills
amendment by the District of Columbia Government.
"To grant the consent of Congress for the State of Maryland, the
We have some concern with respect to the efficacy of the District of
Commonwealth of Virginia, and the District of Columbia to amend
Columbia Government legislating in this regard by virtue of certain
the Washington Metropolitan Area Transit Regulation Compact to
provisions of the "Home Rule Act". Section 302 of that Act states
authorize the Washington Metropolitan Area Transit Authority to
establish and maintain a Metro Transit Police force, to authorize the
that
"
the legislative power of the District shall extend to all
rightful subjects of legislation within the District
subject to
Washington Metropolitan Area Transit Authority to enter into
certain limitations and restrictions.
mutual aid agreements with the various jurisdictions within the
One of the limitations placed upon the Council of the District of
Transit Zone, and for other purposes."
Columbia with respect to its legislative powers is contained in Article
The purposes of the bills are set forth in their respective titles. They
VI, Sec. 602(a)(3) which provides that the Council shall have no
differ only in the respect that while H.R. 4285 grants the consent of
authority to "enact any Act, or enact any Act to amend or repeal any
Congress to the proposed amendments to the Washington Metro-
Act of Congress, which concerns the functions or property of the
politan Area Transit Regulation Compact, H.R. 3428 will in addition
United States or which is not restricted in its application exclusively in or
to such consent also adopt and enact the Compact amendments for
and on behalf of the District of Columbia.
to the District;" (emphasis added).
16
17
Invits present form, the Washington Metropolitan Area Transit
void within furisdiction. Therules and regulations will be adopted
Regulation Compact providés only a minimal security system for the
in accordance with due process. Violations of WMATA rules and regu-
transit system. Section 76 of article XVI of the Compact states as
lations will be punishable, after conviction; by a fine of not more than
follows:
$250.00, and costs.
76. The Board is authorized to: employ watchmen, guards and
In addition, the bills provide for the appointment, compensation,
investigators as it may deem necessary for the protection of its
qualifications, and training of the Metro Transit Police. Qualification
properties, personnel and passengers and such employees, when
and training will, at a minimum, equal the requirements of each
authorized by any jurisdiction within the Zone, may serve as
signatory jurisdiction and the political subdivisions thereof for per-
special police officers in any such jurisdiction. Nothing-contained
sonnel performing comparable duties.
herein shall relieve any signatory or political subdivision or
Finally, the bills empower WMATA to enter into mutual aid agree-
agency thereof from its duty to provide police service and protec-
ments with signatories and political subdivisions and for agreements
tion or to limit, restrict or interfere with the jurisdiction of or
as to delineation of functions and responsibilities among Metro
performance of duties by the existing police and law enforcement
Transit Police, fire, and public safety agencies.
agencies.
H.R. 3428 and H.R. 4285 are the result of the cooperative efforts
H.R. 3428 and H.R. 4285 will replace these inadequate security
of WMATA and the local jurisictions. They are endorsed by the Board
provisions with comprehensive legislation designed to authorize the
of Directors of the Council of Governments, the area police chiefs,
Washington Metropolitan Area Transit Authority to establish and
prosecutors, and county and city councils. Substantially identical
maintain a regular police force to provide maximum protection for the
legislation was enacted by the legislatures of the State of Maryland
patrons, personnel, and facilities of the Metro transit system, to
and the Commonwealth of Virginia in 1974.
provide for mutual aid agreements between WMATA and the various
The District Government recommends that H.R. 4285 be enacted
transit zone jurisdictions, and to adopt uniform rules and regulations
by the Congress in lieu of H.R. 3428. It is our view that under the
for the Transit Zone.
District of Columbia Self-Government and Governmental Reor-
The bills provide for concurrent jurisdiction of Metro and local
ganization Act, the Council of the District of Columbia has full
police on all transit facilities. However, primary law enforcement
authority to adopt and enact the proposed amendments to the Wash-
responsibility for the trains and the tunnels will rest with the Metro
ington Metropolitan Area Transit Regulation Compact for the Dis-
police while the local authorities will retain primary responsibility
trict of Columbia in like manner as the amendments were agreed to
for stations and parking lots.
by the legislative bodies of Maryland and Virginia. Accordingly,
The jurisdiction of the Metro Transit Police will be limited to
draft legislation for this purpose has been transmitted to the Council
transit facilities, except that Metro police can make arrests anywhere
for its consideration.
in the Transit Zone for violations committed upon, to, or against
The District Government also recommends an amendment to the
transit facilities while in hot pursuit. Members of the Metro Transit
proposed subsection (d) of section 76 of the Compact. This subsection
Police will enforce the laws of the signatory jurisdictions; the laws,
now provides that a person apprehended or arrested by the Metro
ordinances, and regulations of the political subdivisions within the
Transit Police will either be issued a summons or citation or delivered
Transit Zone; and the rules and regulations of the Authority.
to a judicial officer. The law of the District of Columbia and procedures
The powers of the Metro Transit Police will be identical to those
followed by the Metropolitan Police Department provide that persons
of the duly constituted police force of the jurisdiction in which the
arrested by another police force be turned over to an officer of our
Metro Transit Police is on duty. However, a Metro Transit Police
local police force for custody and booking. Adherence to this long-
member may carry and use a weapon only in the performance of his
standing procedure with respect to arrests made in the District of
duties or while on transit facilities in direct transit to and from a
Columbia will eliminate the necessity for members of the Metro
duty assignment. He may carry his weapon only while in direct tran-
Transit Police force to transport prisoners and assure a more orderly
sit to and from a duty assignment.
and centralized procedure for the booking and detention of such
Members of the Metro Transit Police will also have power to serve
persons. Accordingly, it is recommended that in line 8 on page 5 of
process on transit facilities and may serve process off transit facilities,
H.R. 3428 and in line 4 on page 5 of H.R. 4285 there be inserted
except in the State of Maryland. Prosecution of offenders will be
immediately after "officer" the following: or deliver the person to
accomplished by issuing a summons or citation, or by booking or
the custody of a duly constituted police officer,"
delivering the alleged offender to a duly constituted judicial officer
It is vitally important that this legislation be considered by the
of the jurisdiction in which the arrest is made.
Congress soon inasmuch as the transit system will open within the
The bills also grant WMATA the power to adopt rules and regula-
District of Columbia in September of 1975. Moreover, it is essential
tions for the safe, convenient, and orderly use of the transit system
that a trained and experienced Metro Transit Police force be opera-
facilities, including payment of fares, protection and safety of persons
tional in order to aid and protect visitors to the Nation's Capital
and property, and the control of traffic and parking. If any of these
during the Bicentennial.
rules or regulations conflict with laws, ordinances, or regulations of a
It is estimated that the costs of the Metro Transit Police force will
signatory or political subdivision, the WMATA regulation will be
when fully operational approximate $3.5 million a year.
18
19
I strongly urge the favorable consideration and early enactment by
the Congress of H.R. 4285 with the amendment suggested herein.
Public Hearings for September 18, 1975, at 2:00 p.m. and 7:30 p.m.
The Office of Management and Budget has advised that, from the
n Room 503 of the District Building.
standpoint of the Administration's program, there is no objection to
While I emphasize that the Committee, as well as the full Council,
the submission of this report to the Congress.
is aware of the urgency for having the proposed legislation enacted,
Sincerely yours,
so that the Washington Metropolitan Area Transit Authority can
WALTER E. WASHINGTON,
assure Metro rail patrons and employees of adequate protection
Mayor.
when the trains begin to run, I believe a cautionary comment is in
order. I suggest that urgency should not outweigh the legislative
process of the District government. WMATA will not need the
services of a regular MTPF for Phase I rail operations until probably
COUNCIL OF THE DISTRICT OF COLUMBIA,
some time in October. The Council, in my estimation, can and will
Washington, D.C., July 16, 1975.
give the MTPF measure its most careful consideration and still
Hon. W. S. (BILL) STUCKEY, Jr.,
complete action on it before large-scale subway operations get under-
Chairman, Subcommittee on Commerce, Housing, and Transportation,
way, in Phases II and III.
Committee on the District of Columbia, U.S. House of Representa-
While the local government is working on the proposal for a perma-
tives, Washington, D.C.
nent MTPF, temporary security can be provided in either of two ways:
DEAR MR. CHAIRMAN: Thank you for your recent invitation asking
(1) Under the provision of Section 73 of the Compact, WMATA
that I provide the Committee on the District of Columbia with my
can utilize its existing security personnel to patrol the trains and
reactions and recommendations concerning Bills H.R. 3428 and H.R.
stations during the initial Phase I operations. WMATA's security
4285. In response to your request, the following comments are sub-
force is currently commissioned in the District of Columbia as "special
mitted for the Committee's consideration.
police" as provided for by statute under Title 4, Section 115 of the
First, I would strongly recommend that the Committee endorse
D.C. Code 1973 (ed.) and the rules and regulations governing the
H.R. 4285 over H.R. 3428. Legislation at the local level in support of
activities of special policemen under the D.C. Police Manual Regula-
H.R. 4285 has been introduced and was approved by the Council last
tions and General Orders of the Metropolitan Police Department.
night. I have attached a copy of the resolution under consideration for
As constituted, they have the full authority to:
the Committee's information. There is one important difference
Arrest without a warrant when there is probable cause to
between the two bills, a difference that is critical to the City Council.
believe that a felony has been committed and that the arrested
While H.R. 4285 gives the State of Maryland, the Commonwealth of
person committed it (Smith V. United States, 103 U.S. Appr. D.C.
Virginia and the District of Columbia the authority to amend articles
48, 254 F 2nd 751, cert. denied. 357 U.S. 937, 78 S. Ct. 1388, 2L
1 and 16 of Title 3 of the WMATA Compact for the creation of a
Ed. 1552 (1958)).
Metro Transit Police Force (MTPF), under H.R. 3428-the Congress
Arrest without warrant upon probable cause for certain
"consents, adopts, and enacts for the District of Columbia" the neces-
misdemeanors, including petit larceny, and for unlawful possession
sary amendments which establish a MTPF. By the terms of this Bill,
of implements of a crime such as burglar tools, weapons, lottery
it seems to me, both the spirit and legislative intent of the District of
tickets, or stolen property (Singleton V. United States, 225 A.
Columbia Home Rule Charter are frustrated. I and my Council
2d 315, 317 (1967)).
colleagues believe strongly that the local government in the District
Arrest when misdemeanors involving a breach of the peace and
should be given the opportunity to exercise its full legislative authority
for felonies when such crimes have been committed in their
pursuant to Section 302 of the District of Columbia Self Government
presence or view (Maghan V. Jerome, 67 App. D.C. 9, 88 F 2d.
and Governmental Reorganization Act. Under that provision, the
1001 (1973). Restatement (Second), Torts Section 119 (1965)).
Council and the Mayor have been vested with the authority to
Although special police are commissioned to protect the property
consider for enactment those amendments to the Compact which
of the employer, the arrest powers of special police forces in the
would sanction the establishment of a MTPF. Clearly, under H.R.
District of Columbia appears to date not limited to offenses against
4285, each jurisdiction would have to enact similar amendments for
the property of the employer. In addition special police are privileged
the ultimate establishment of a regular transit police unit. The Council
to carry firearms and black jacks under the conditions of Chapter IX
of the District of Columbia has already taken steps to do this. I have
of the Police Manual.
introduced a bill at the request of Mayor Washington in accord with
The requirements that such weapons "may be carried only when
the Mayor's 1975 Legislative Program authorizing a Metro Transit
on actual duty in the area thereof or while traveling, without deviation,
Police Force. Previously, Councilmembers Jerry A. Moore, Jr. and
immediately before or after the period of actual duty, between
Arrington Dixon had co-sponsored a bill on the same subject. Both
such area and his residence" (Police Manual, Chapter IX, Section
bills have been referred to the Committee on Transportation and
11.8) is similar to the conditions set forth under the proposed amend-
Environmental Affairs for action. The Committee has demonstrated
ments before your Committee.
its eagerness to consider this matter expeditiously, by scheduling
20
21
(2) The establishment of a Transit Unit by, the D.C. Metropolitan
METROPOLITAN WASHINGTON COUNCIL OF GOVERNMENTS,
Police Department to patrol the 4.5 mile transit zone within the
Washington, D.O., April 17, 1975.
District until permanent police legislation is adopted.
Hon. CHARLES C. DIGGS, Jr.,
It should be noted that the proposed legislation provides for con-
Chairman, District of Columbia Committee,
current jurisdiction of Metro and local police on all transit facilities.
House of Representatives, Washington, D.C.
The primary law enforcement responsibility for the stations and
DEAR MR. CHAIRMAN: This responds to your letter of April 10, 1975,
parking lots will remain with the local police units.
requesting our recommendations on H.R. 3428 and H.R. 4285. Both
Specific multi-jurisdictional problem areas to be eliminated by the
of these bills amend the consent legislation and the compact establish-
creation of a MTPF, such as legal issues involving venue, hot pursuit
ing the Washington Metropolitan Transit Authority to provide for
and extradition are not faced during Phase I because the start-up
the establishment and maintenance of a METRO Transit Police
operations are solely within the jurisdiction of the District of Columbia.
Force.
Moreover, the proposed amendments do not fully address questions
The Council of Governments, in conjunction with WAMTA, the
of venue and extradiction nor problems surrounding the Inter-state
local governments in the Metropolitan Washington Area and the
Compact on Juveniles; future amendments will be necessary to
prosecutional officials in the region, cooperatively developed legislation
completely resolve such legal matters.
authorizing the creation of a METRO Police Force. The substantive
Although the Council upon the passage of H.R. 4285 will have the
provisions in the two bills submitted for our review embody the
opportunity to address in detail the substantive issues of the proposed,
amendment which was drafted through this cooperative process.
I prefer to comment preliminary upon a few key provisions.
The Public Safety Policy Committee and the COG Board of
As previously mentioned, I support the proposed limitation upon
Directors have endorsed such legislation and recommended enactment
the Metro police officer's ability to carry firearms as it is nearly
to the Congress and General Assemblies of Maryland and Virginia.
identical to existing requirements for special policemen.
Moreover, this compact amendment has been adopted by Maryland
I have no problems with granting the Metro Authority power to
and Virginia legislators. Because of the scheduled operations of the
adopt rules and regulations cóncerning "the safe, convenient and
METRO system in September of 1975, we urged your Committee
orderly use of transit facilities
Such authority in my view
to take affirmative action on this necessary amendment to enable
amounts to mere delegation of authority by the locally elected officials,
METRO to hire and train its security force. Accordingly, we hope
similar to those instances when the Council passes enabling legislation
that early hearings will be held on this legislation.
for an appropriate District agency in certain well defined areas. This
Our only comments on these bills pertain to certain technical changes
delegation of authority as proposed appears properly granted given
the Committee might want to consider. They are as follows:
the condition that the Authority must exercise that power "in accord-
The language in the "Enacting" clause of H.R. 3428, page 1,
ance with all standards of due process
In addition, I feel that
line 3, contains the following words: "That the Congress hereby
the extent of this authority is appropriately limited under the language
consents to, adopts, and enacts for the District of Columbia
of both bills which provide for its preemption by any signatory or
We believe that the words "adopts, and enacts for the District of
political subdivision. I support the supremacy of "existing or sub-
Columbia" does not accurately reflect the proposed action of
sequently enacted" legislation by a signator or political subdivision
Congress. The Congress must approve certain types of interstate
which is in contravention of any rule or regulation adopted by WMTA.
compacts and amendments thereto. In this case, the consent is
In some instances, a jurisdiction will have input in the establishment,
to the actions taken in Maryland and Virginia, as well as for the
or the rejection, of a particular rule through its representatives on the
District of Columbia. Therefore, we believe the "Enacting"
WMATA Board of Directors.
clause in H.R. 4285 more accurately reflects this need. Under that
The Authority's ability to adopt rules and regulations would further
bill, line 3 simply reads, "That the Congress hereby consents to
system-wide management by conforming where possible varying kinds
Amendments to Articles I and XVI of Title III of the Washington
of laws, ordinances and regulations which create obstacles for the
Metropolitan Area Transit Regulation Compact
"
Metro security program. The District of Columbia. government was
Both bills appear to have a typographical error in Section 76(f),
one of the first jurisdictions to adopt legislation developed through
paragraph (2). Next to the last line of paragraph (2), the words
the Council of Governments which seeks to obtain uniformity among
"political subdivision" should probably read "political sub-
jurisdictional laws relating to public transit vehicles in the transit
divisions."
zone of greater Washington. If I can be of further assistance please
Section 2 of H.R. 3428 states, "The Commissioner of the Dis-
do not hesitate to inform me.
trict of Columbia is authorized and directed to enter into and
Again, I thank the Committee for including my views in support
execute on behalf of the District of Columbia amendments We
of H.R. 4285 in the record of its proceedings. Given the opportunity
believe Section 2 is necessary and suggest it be added to H.R.
to address itself to the enactment of MTPF legislation, I am certain
4285 if that is the bill that is passed. But, in addition, the word
the Council of the District of Columbia will acquit itself in admirable
"Commissioner" should be deleted and the word "Mayor"
fashion.
should be placed in "lieu thereof. This reflects the current title of
Sincerely,
the elected chief executive of the District of Columbia, as pro-
STERLING TUCKER,
Chairman.
22
23
vided in the "District of Columbia Self-Government and Govern-
TITLE III
mental Reorganization Act," (P.L. 93-198).
Again, we want to reiterate the urgent need for this amendment and
ARTICLE I
extend our appreciation to you for giving us the opportunity to com-
ment on these bills.
DEFINITIONS
Sincerely yours,
WALTER A. SCHEIBER,
1. As used in this Title, the following words and terms shall have the
Executive Director.
following meanings, unless the context clearly requires a different
meaning:
BUDGET AUTHORITY
(a) "Board" means the Board of Directors of the Washington
Metropolitan Area Transit Authority;
This bill creates no new budget authority for the Federal Govern-
(b) "Director" means a member of the Board of Directors of the
ment.
Washington Metropolitan Area Transit Authority;
COSTS
(c) "Private transit companies" and "private carriers" means
corporations, persons, firms or associations rendering transit service
Costs for the regular Metro Transit Police force are estimated to be
within the Zone pursuant to a certificate of public convenience and
approximately $1.5 million for the first year of operation, and ap-
necessity issued by the Washington Metropolitan Area Transit
proximately $3.5 million per year when the system becomes fully
Commission or by a franchise granted by the United States or any
operational. Most significantly, however, establishment of this
signatory party to this Title:
Transit Police force is not expected to have any significant impact on
(d) "Signatory" means the State of Maryland, the Commonwealth
the Federal Government budget because its costs are treated as or-
of Virginia and the District of Columbia;
dinary operational expenses.
(e) "State" includes District of Columbia;
(f) "Transit facilities" means all real and personal property located
INFLATIONARY IMPACT
in the Zone, necessary or useful in rendering transit service between
points within the Zone, by means of rail, bus, water or air and any
This bill, if enacted into law, will have no foreseeable inflationary
other mode of travel, including without limitation, tracks, rights of
impact on prices or costs in the operation of the national economy.
way, bridges, tunnels, subways, rolling stock for rail, motor vehicle,
marine and air transportation, stations, terminals and ports, areas for
COMMITTEE VOTE
parking and all equipment, fixtures, buildings and structures and
H.R. 8719 was unanimously approved by voice vote of the Com-
services incidental to or required in connection with the performance of
transit service;
mittee on July 21, 1975.
CONCLUSION
(g) "Transit services" means the transportation of persons and
their packages and baggage by means of transit facilities between
By this legislation, the Committee has endeavored to ameliorate
points within the Zone including the transportation of newspapers,
the present inadequacies of the Washington Metropolitan Area
express, and mail between such points, and charter service which
Transit Regulation Compact, as it relates to provisions for use of
originates within the Zone but does not include taxicab service or
special police on rapid transit facilities. The Committee believes that
individual-ticket-sales sightseeing operations; [and]
the provisions of H.R. 8719, together with other security measures
(h) "Transit Zone" or "Zone" means the Washington Metropolitan
already in effect, will ensure the establishment of an effective security
Area Transit Zone created by and described in section 3, as well as any
system to protect the patrons, personnel and facilities of the mass
additional area that may be added pursuant to section 83(a); and
transportation system for the Washington Metropolitan Region.
[(h)] (i) "WMATC" means Washington Metropolitan Area
Transit Commission.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
In compliance with clause 3 of Rule XIII of the Rules of the House
ARTICLE XVI
of Representatives, changes in existing law made by the bill, as
reported, are shown as follows (existing law proposed to be omitted
GENERAL PROVISIONS
is enclosed in black brackets, new matter is printed in italics, existing
law in which no change is proposed is shown in roman):
Police
WASHINGTON METROPOLITAN AREA TRANSIT REGULATION COMPACT
[76. The Board is authorized to employ watchmen, guards and
investigators as it may deem necessary for the protection of its
properties, personnel and passengers and such employees, when
authorized by any jurisdiction within the Zone, may serve as special
24
25
police officers in any such jurisdiction. Nothing contained herein
(d) Upon the apprehension or arrest of any person by a member of the
shall relieve any signatory or political subdivision or agency thereof
Metro Transit Police pursuant to the provisions of subsection (b), the
from its duty to provide police service and protection or to limit,
officer, as required by the law of the place of apprehension or arrest, shall
restrict or interfere with the jurisdiction of or performance of duties
either issue a summons or a citation against the person, book the person,
by the existing police and law of enforcement agencies.]
or deliver the person to the duly constituted police or judicial officer of the
76. (a) The Authority is authorized to establish and maintain a
signatory or political subdivision where the apprehension or arrest is
regular potice force, to be known as the Metro Transit Police, to provide
made, for disposition as required by law.
protection for its patrons, personnel, and transit facitities. The Metro
(e) The Authority shall have the power to adopt rules and regulations
Transit Police shall have the powers and duties and shall be subject to the
for the safe, convenient, and orderly use of the transit facilities owned,
limitations set forth in this section. It shall be composed of both uniformed
controlled, or operated by the Authority, including the payment and the
and plainclothes personnel and shall be charged with the duty of enforcing
manner of the payment of fares or charges therefor, the protection of the
the laws of the signatories, the laws, ordinances, and regulations of the
transit facilities, the control of traffic and parking upon the transit
political subdivisions thereof in the Transit Zone, and the rules and
facilities, and the safety and protection of the riding public. In the event
regulations of the Authority. The jurisdiction of the Metro Transit Police
that any such rules and regulations contravene the laws, ordinances,
shall be limited to all the transit facilities owned, controlled, or operated
rules, or regulations of a signatory or any political subdivision thereof
by the Authority, but this shall not limit the power of the Metro Transit
which are existing or subsequently enacted, these laws, ordinances, rules,
Police to make arrests in the Transit Zone for violations committed upon,
or regulations of the signatory or the political subdivision shall apply and
to, or against such transit facilities committed from within or outside such
the conflicting rule or regulation, or portion thereof, of the Authority shall
transit facilities while in hot or close pursuit, or to execute traffic citations
be void within the jurisdiction of that signatory or political subdivision.
and criminal process in accordance with subsection (c). The members of
In all other respects the rules and regulations of the Authority shall be
the Metro Transit Police shall have concurrent jurisdiction in the per-
uniform throughout the Transit Zone. The rules and regulations established
formance of their duties with the duly constituted law enforcement agencies
under this subsection shall be adopted and published in accordance with
of the signatories and of the political subdivisions thereof in which any
all standards of due process, including, but not limited to, the publishing
transit facility of the Authority is located or in which the Authority operates
or otherwise circulating of a notice of the intended action of the Authority
any transit service. Nothing contained in this section shall either relieve
and the affording to interested persons the opportunity to submit data or
any signatory or political subdivision or agency thereof from its duty to
views orally or in writing, and the holding of a public hearing. Any
provide police, fire, and other public safety service and protection, or limit,
person violating any rule or regulation of the Authority shall, upon con-
restrict, or interfere with the jurisdiction of or the performance of duties
viction by a court of competent jurisdiction, pay a fine of not more than
by the existing police, fire, and other public safety agencies.
$250 and costs.
(b) Except as otherwise provided in this section, a member of the Metro
(f) With respect to members of the Metro Transit Police, the Authority
Transit Police shall have the same powers, including the power of arrest,
shall-
and shall be subject to the same limitations, including regulatory limita-
(1) establish classifications based on the nature and scope of
tions, in the performance of his duties as a member of the duly constituted
duties, and fix and provide for their qualification, appointment,
police force of the political subdivision in which the Metro Transit
removal, tenure, term, compensation, pension, and retirement
Police member is engaged in the performance of his duties. However, a
benefits;
member of the Metro Transit Police is authorized to carry and use only
(2) provide for their training and, for this purpose, the Authority
such weapons, including handguns, as are issued by the Authority, and
may enter into contracts or agreements with any public or private
only in the performance of his duties or while on the transit facilities
organization engaged in police training, and this training and the
owned, controlled, or operated by the Authority in direct transit to and
qualifications of the uniformed and plainclothes personnel shall at
from a duty assignment. A member of the Metro Transit Police is author-
least equal the requirements of each signatory and of the political
ized to carry such weapons only while in direct transit to and from a duty
subdivisions therein in the Transit Zone for their personnel per-
assignment and is subject to such additional limitations in the use of
forming comparable duties; and
weapons as are imposed on the duly constituted police force for the political
(3) prescribe distinctive uniforms to be worn.
subdivision in which he is engaged in the performance of his duties.
(g) The Authority shall have the power to enter into agreements with the
(c) Members of the Metro Transit Police shall have power to execute
signatories, the political subdivisions thereof in the Transit Zone, and
on the transit facilities owned, controlled, or operated by the Authority
public safety agencies located therein, including those of the Federal
any traffic citation or any criminal process issued by any court of any
Government, for the delineation of the functions and responsibilities of
signatory or of. any political subdivision of a signatory, for any felony,
the Metro Transit Police and the duly constituted police, fire, and other
misdemeanor, or other offense against the laws, ordinances, rules, or
public safety agencies, and for mutual assistance.
regulations specified in subsection (a). However, with respect to offenses
(h) Before entering upon the duties of office, each member of the Metro
committed upon, to, or against the transit facilities. owned, controlled, or
Transit Police shall take or subscribe to an oath or affirmation, before a
operated by the Authority, the Metro Transit Police* shall have power,
person authorized to administer oaths, faithfully to perform the duties of
except in the State of Maryland, to execute criminal process within the
that office.
Transit Zone.
26
TITLE 11, DISTRICT OF COLUMBIA CODE
TITLE 11.-ORGANIZATION AND JURISDICTION OF THE
COURTS
*
*
*
*
*
*
Chapter 9.-SUPERIOR COURT OF THE DISTRICT OF
COLUMBIA
SUBCHAPTER I,-CONTINUATION AND ORGANIZATION
Sec.
11-901. Continuation of courts; court of record; seal.
11-902.
Organization of the court.
11-903.
Composition.
11-904.
Judges; service; compensation.
11-905.
Oath of judges.
11-906. Administration by chief judge; discharge of duties.
11-907.
Absence, disability, or disqualification of chief judge.
11-908. Designation and assignment of judges.
11-909.
Meetings and reports.
11-910. Clerks and secretaries for judges.
SUBCHAPTER II.-JURISDICTION
11-921. Civil jurisdiction.
11-922. Transfer of civil actions to Superior Court.
11-923. Criminal jursidictions; commitment.
11-924. Jurisdiction With Respect to Violations of the Rules and Regulations
of the Washington Metropolitan Area Transit Authority.
SUBCHAPTER III.-MISCELLANEOUS PROVISIONS
11-941. Issuance of warrants; record.
11-942.
Subpenas.
11-943.
Process.
11-944.
Contempt power.
11-945. Oaths, affirmations, and acknowledgments.
11-946.
Rules of court.
*
*
*
*
*
*
#
SUBCHAPTER II.-JURISDICTION
*
*
*
*
*
*
*
§ 11-924. Jurisdiction with respect to violations of the Rules and
Regulations of the Washington Metropolitan Area
Transit Authority.
The Superior Court has jurisdiction with respect to any violation,
committed in the District of Columbia, of the rules and regulations adopted
by the W ashington Metropolitan Area Transit Authority under section
76(e) of title III of the W ashington Metropolitan Area Transit Regulation
Compact.
*
94TH CONGRESS
1ST SESSION
H. R. 8719
IN THE HOUSE OF REPRESENTATIVES
JULY 17, 1975
Mr. GUDE (for himself, Mr. MANN, Mr. STUCKEY, Mr. MAZZOLI, Mr. HARRIS,
Mr. Nowak, Mr. RAILSBACK, Mr. McKINNEY, and Mrs. SPELLMAN) intro-
duced the following bill; which was referred to the Committee on the
District of Columbia
A
BILL
To provide for an amendment to the Washington Metropolitan
Area Transit Regulation Compact to provide for the pro-
tection of the patrons, personnel, and property of the
Washington Metropolitan Area Transit Authority.
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That the Congress hereby consents to, and adopts and enacts
4 for the District of Columbia, amendments to articles I and
5 XVI of title III of the Washington Metropolitan Area
6 Transit Regulation Compact (D.C. Code, sec. 1-1431 note)
7 as follows, which amendments have been adopted substan-
8 tially by the Commonwealth of Virginia and the State of
9 Maryland:
1
2
3
1
(1) Section 1 (g) of article I is amended by striking
1 the Metro Transit Police shall be limited to all the transit
2 "and" at the end thereof.
2 facilities owned, controlled, or operated by the Authority,
3
(2) Section 1 (h) of article I is amended to read as
3 but this shall not limit the power of the Metro Transit Police
4 follows:
4 to make arrests in the Transit Zone for violations com-
5
(h) Transit Zone' or 'Zone' means the Washington
5 mitted upon, to, or against such transit facilities committed
6 Metropolitan Area Transit Zone created by and described in
6 from within or outside such transit facilities while in hot
7 section 3, as well as any additional area that may be added
7 or close pursuit, or to execute traffic citations and criminal
8 pursuant to section 83 (a) ; and".
8 process in accordance with subsection (c) The members
9
(3) Section 1 of article I is amended by adding at the
9 of the Metro Transit Police shall have concurrent juris-
10 end thereof the following:
10 diction in the performance of their duties with the duly
11
(i) 'WMATC' means Washington Metropolitan Area
11 constituted law enforcement agencies of the signatories and
12 Transit Commission.".
12 of the political subdivisions thereof in which any transit
13
(4) Section 76 of article XVI is amended to read as
13 facility of the Authority is located or in which the Authority
14 follows:
14 operates any transit service. Nothing contained in this sec-
15
"76. (à) The Authority is authorized to establish and
15 tion shall either relieve any signatory or political sub-
16 maintain a regular police force, to be known as the Metro
16 division or agency thereof from its duty to provide police,
17 Transit Police, to provide protection for its patrons, per-
17 fire, and other public safety service and protection, or limit,
18 sonnel, and transit facilities. The Metro Transit Police
18 restrict, or interfere with the jurisdiction of or the perform-
19 shall have the powers and duties and shall be subject to the
19 ance of duties by the existing police, fire, and other public
20 limitations set forth in this section. It shall be composed
20 safety agencies.
21 of both uniformed and plainclothes personnel and shall
21
" (b) Except as otherwise provided in this section, a
22 be charged with the duty of enforcing the laws of the signa-
22 member of the Metro Transit Police shall have the same
23 tories, the laws, ordinances, and regulations of the polit-
23 powers, including the power of arrest, and shall be subject
24 ical subdivisions thereof in the Transit Zone, and the
24 to the same limitations, including regulatory limitations, in
25 rules and regulations of the Authority. The jurisdiction of
25 the performance of his duties as a member of the duly con-
4
5
1 stituted police force of the political subdivision in which the
1 except in the State of Maryland, to execute criminal process
2 Metro Transit Police member is engaged in the performance
2 within the Transit Zone.
3 of his duties. However, a member of the Metro Transit
3
" (d) Upon the apprehension or arrest of any person
4 Police is authorized to carry and use only such weapons, in-
4 by a member of the Metro Transit Police pursuant to the
5 cluding handguns, as are issued by the Authority, and only
5 provisions of subsection (b), the officer, as required by the
6 in the performance of his duties or while on the transit
6 law of the place of apprehension or arrest, shall either issue
7 facilities owned, controlled; or operated by the Authority in
7 a summons or a citation against the person, book the person,
8 direct transit to and from a duty assignment. A member of
8 or deliver the person to the duly constituted police or judicial
9 the Metro Transit Police is authorized to carry such weapons
9 officer of the signatory or political subdivision where the
10 only while in direct transit to and from a duty assignment
10 apprehension or arrest is made, for disposition as required
11 and is subject to such additional limitations in the use of
11 by law.
12 weapons as are imposed on the duly constituted police force
12
(e) The Authority shall have the power to adopt
13 for the political subdivision in which he is engaged in the
13 rules and regulations for the safe, convenient, and orderly use
14 performance of his duties.
14 of the transit facilities owned, controlled, or operated by the
15
(c) Members of the Metro Transit Police shall have
15 Authority, including the payment and the manner of the pay-
16 power to execute on the transit facilities owned; controlled,
16 ment of fares or charges therefor, the protection of the transit
17 or operated by the Authority any traffic citation or any
17 facilities, the control of traffic and parking upon the transit
18 criminal process issued by any court of any signatory or of
18 facilities, and the safety and protection of the riding public.
19 any political subdivision of a signatory, for any felony,
19 In the event that any such rules and regulations contravene
20 misdemeanor, or other offense against the laws, ordinances,
20 the laws, ordinances, rules, or regulations of a signatory
21 rules, or regulations specified in subsection (a) However,
21 or any political subdivision thereof which are existing or
22 with respéct to offenses committed upon, to, or against
22 subsequently enacted, these laws, ordinances, rules, or
23 the transit facilities owned, controlled, or operated by the
23 regulations of the signatory or the political subdivision shall
24 Authority, the Metro Transit Police shall have power,
24 apply and the conflicting rule or regulation, or portion there-
H.R. 8719-2
6
7
1 of, of the Authority shall be void within the jurisdiction of
1
equal the requirements of each signatory and of the po-
2 that signatory or political subdivision. In all other respects
2
litical subdivisions therein in the Transit Zone for their
3 the rules and regulations of the Authority shall be uniform
3
personnel performing comparable duties; and
4 throughout the Transit Zone. The rules and regulations
4
(3) prescribe distinctive uniforms to be worn.
5 established under this subsection shall be adopted and pub-
5
(g) The Authority shall have the power to enter into
6 lished in accordance with all standards of due process,
6 agreements with the signatories, the political subdivisions
7 including, but not limited to, the publishing or otherwise
7 thereof in the Transit Zone, and public safety agencies lo-
8 circulating of a notice of the intended action of the Authority
8 cated therein, including those of the Federal Government,
9 and the affording to interested persons the opportunity to
9 for the delineation of the functions and responsibilities of
10 submit data or views orally or in writing, and the holding
10 the Metro Transit Police and the duly constituted police,
11 of a public hearing. Any person violating any rule or
11 fire, and other public safety agencies, and for mutual as-
12 regulation of the Authority shall, upon conviction by a
12 sistance.
13 court of competent jurisdiction, pay a fine of not more than
13
" (h) Before entering upon the duties of office, each
14 $250 and costs.
14 member of the Metro Transit Police shall take or subscribe to
15
" (f) With respect to members of the Metro Transit
15 an oath or affirmation, before a person authorized to admin-
16 Police, the Authority shall-----
16 ister oaths, faithfully to perform the duties of that office.".
17
'(1) establish classifications based on the nature
17
SEC. 2. The Mayor of the District of Columbia is
18
and scope of duties, and fix and provide for their qualifi-
18 authorized and directed to enter into and execute on behalf
19
cation, appointment, removal, tenure, term, compensa-
19 of the District of Columbia amendments, substantially as
20
tion, pension, and retirement benefits;
20 set forth in the first section of this Act, to title III of the
21
" (2) provide for their training and, for this pur-
21 Washington Metropolitan Area Transit Regulation Compact
22
pose, the Authority may enter into contracts or agree-
22 with the State of Maryland and the Commonwealth of
23
ments with any public or private organization engaged
23 Virginia, which amendments shall become effective imme-
24
in police training, and this training and the qualifications
24 diately upon execution of same.
25
of the uniformed and plainclothes personnel shall at least
8
1
SEC. 3. (a) Subchapter II of chapter 9 of title 11 of
2 the District of Columbia Code is amendéd by adding at the
3 end thereof the following new section:
4 "§ 11-924. Jurisdiction with respect to violations of the
5
Rules and Regulations of the Washington
6
Metropolitan Area Transit Authority
7
"The Superior Court has jurisdiction with respect to
8 any violation, committed in the District of Columbia, of the
9 rules and regulations adopted by the Washington Metro-
10 politan Area Transit Authority under section 76 (e) of title
11 III of the Washington Metropolitan Area Transit Regulation
12 Compact.".
13
(b) The chapter analysis for such chapter 9 is amended
14 by inserting immediately after the item relating to section
15 11-923 the following new item:
"11-924. Jurisdiction with Respect to Violations of the Rules and Regu-
lations of the Washington Metropolitan Area Transit
Authority.".
16
SEC. 4. The right of Congress to alter, amend, or repeal
17 this Act is hereby expressly reserved.
94TH CONGRESS
1ST SESSION
H.R.8719
A BILL
To provide for an amendment to the Washing-
ton Metropolitan Area Transit Regulation
Compact to provide for the protection of the
patrons, personnel, and property of the
Washington Metropolitan Area Transit
Authority.
By Mr. GUDE, Mr. MANN, Mr. STUCKEY, Mr.
MAZZOLI, Mr. HARRIS, Mr. Nowak, Mr.
RAILSBACK, Mr. McKINNEY, and Mrs.
SPELLMAN
JULY 17, 1975
Referred to the Committee on the District of Columbia
Calendar No. 790
94TH CONGRESS
~
SENATE
REPORT
2d Session
No. 94-832
METRO TRANSIT POLICE
MAY 13, 1976.-Ordered to be printed
Mr. EAGLETON, from the Committee on the District of Columbia,
submitted the following
REPORT
[To accompany H.R. 8719]
The Committee on the District of Columbia, to whom was referred
the bill (H.R. 8719) to provide for an amendment to the Washing-
ton, Metropolitan Area Transit Regulation Compact to provide for
the protection of the patrons, personnel, and property of the Wash-
ington Metropolitan Area Transit Authority, having considered the
same, reports favorably thereon with an amendment and recommends
that the bill as amended do pass.
The amendment is as follows:
On page 8 line 15 continuing to page 9 line 2, strike all after "SEC.
4." and insert the following:
The Council of the District of Columbia shall have author-
ity to enact any act adopting on behalf of the District of Co-
lumbia amendments to the Washington Metropolitan Area
Transit Regulation Compact, but in no case shall any such
amendment become effective until after it has been approved
by Congress.
PURPOSE OF THE BILL
The purpose of the bill (H.R. 8719) is to amend the Washington
Metropolitan Area Transit Regulation Compact, Articles I and XVI
of Title II (D.C. Code, Title I, Sec. 1431), in order to authorize the
Washington Metropolitan Area Transit Authority (WMATA) to
establish and maintain a regular METRO Transit Police Force.
The bill provides Congressional consent to amendments to the
Compact substantially adopted by the Commonwealth of Virginia (on
April 8, 1974) and the State of Maryland (on May 31, 1974), and
enacts such amendments for the District of Columbia. The bill defines
the role and jurisdiction of the METRO Transit Police Force; au-
thorizes the issuance of rules and regulations by the Transit Authority
for safe and effective transit facility operations; designates the
(1)
3
2
Superior Court of the District of Columbia as the court of competent
The amendments to Compact Section 76(f) authorize the establish-
jurisdiction in the District of Columbia for prosecution of violations
ment of duty classifications and qualifications for the Transit Police,
against Transit Authority rules and regulations in the District of
authorize training of such police, and provide for distinctive uniforms
Columbia; and clarifies the authority of the Council of the District of
for the Transit Police personnel, as prescribed by the Washington
Columbia to enact amendments to the Compact agreement.
Metropolitan Area Transit Authority.
The amendments to Compact Section 76(g) provide that the Transit
MAJOR PROVISIONS OF THE BILL
Authority may enter into agreements defining the functions and
responsibilities of the Transit Police, and may establish agreements
SECTION 1. DEFINITIONS, ESTABLISHMENT OF METRO TRANSIT POLICE
for mutual assistance with the signatories, their political subdivisions,
and the public safety agencies.
In this section, the Transit Zone of the Washington Metropolitan
Members of the Transit Police force shall be administered an oath
Area Transit Authority's facilities is defined. The Transit Authority is
of office to perform the duties of their office faithfully.
authorized to establish a regular Metro Transit Police force with
defined powers and jurisdiction to be the same as those of law enforce-
SECTION 2. DUTIES OF THE MAYOR OF THE DISTRICT OF COLUMBIA
ment officers of the signatory jurisdictions. The Transit Police force is
provided authority to enforce the laws of the Compact signatory
In this section, the Mayor of the District of Columbia is authorized
jurisdictions, and is given concurrent jurisdiction with the law enforce-
and directed to execute, on behalf of the District of Columbia, any
ment agencies of the signatories and their political subdivisions.
amendments substantially set forth in Section 1 of this legislation.
Transit Police will be restricted in their use of weapons by the regu-
Such amendments will become effective immediately upon execution.
lations imposed upon the regular police forces of the political sub-
divisions in which the Transit Police are performing their duties.
SECTION 3. JURISDICTION OF THE DISTRICT OF COLUMBIA SUPERIOR COURT
Transit Police force personnel are authorized to carry and use only
such weapons as are issued by the Transit Authority, and may only
This section provides that the District of Columbia Superior Court
shall have jurisdiction of any violation, committed in the District of
carry and use such weapons when in the performance of their duties,
or when in direct transit to or from a duty assignment.
Columbia, of rules and regulations of the Washington Metropolitan
Transit Police force members are authorized to execute traffic
Area Transit Authority, adopted pursuant to the provisions of the
citations and criminal process if issued by any court of a signatory
legislation.
jurisdiction, for any offense against the laws and regulations of the
SECTION 4. AUTHORITY OF DISTRICT OF COLUMBIA COUNCIL
signatories, their political subdivisions or the regulations of the
Transit Authority. The Transit Police, except in the State of Maryland,
This section clarifies the authority of the Council of the District of
may facilities. execute criminal process for offenses upon or against transit
Columbia to enact legislation on behalf of the District of Columbia
adopting amendments to the Washington Metropolitan Area Transit
In amending Section 76(d) of the Washington Metropolitan Area
Regulation Compact. It does not change Congress' constitutional au-
Transit Regulation Compact, H.R. 8719 defines the Transit Police
thority over interstate compacts.
officer's procedure upon making an apprehension or arrest. By the
provisions of this section, such officer shall either issue a summons or
SECTION 5. RESERVATION OF CONGRESSIONAL RIGHT
citation against the person, book the person, or deliver the person to the
constituted police or judicial officer of the signatory jurisdiction or its
This section expressly reserves the right of Congress to amend, alter,
political subdivision, where the apprehension or arrest is made, for
or repeal this Act, pursuant to the customary practice regarding inter-
disposition in accordance with the laws of the place of apprehension or
state compact consent legislation.
arrest.
The bill, in amending Section 76(e) of the Compact, authorizes the
COMMITTEE AMENDMENT
Washington Metropolitan Area Transit Authority to adopt rules and
regulations governing the safe and orderly use of transit facilities,
The Committee amendment makes it explicitly clear that the Coun-
providing that such rules and regulations are uniform throughout the
cil of the District of Columbia has the authority to enact legislation on
Transit Zone, and provided that such rules and regulations are adopted
behalf of the District of Columbia adopting amendments to the Wash-
in accordance with due process. Basic requirements for due process are
ington Metropolitan Area Transit Regulation Compact.
defined in this subsection. Violation of rules and regulations of the
Congressional action was taken in this respect in H.R. 8719 to clarify
Transit Authority are punishable by a maximum fine of $250, and
the District Council authority and to ensure adoption of the amend-
costs. Any Transit Authority rules and regulations which contravene
ments to the Compact within the short time period projected for the
the laws of a signatory or its political subdivisions shall be void within
start of initial rail system operations.
such a jurisdicton.
4
5
Under this amendment, the signatories to any future amendments
Next, the rapid rail system will begin operations in the entire area
to this Compact will continue to be required to obtain the usual consent
over a five-year period. Protection will be needed for METRO sub-
of Congress. As to all such future amendments to this Compact, Con-
way system stations and other facilities before they are operational
gress would be acting solely for itself pursuant to the customary con-
for patron use, during stages of partial construction completion, and
sent procedure for interstate compact amendments, and no longer for
during periods of facilities testing. It has been estimated that rail
and on behalf of the District of Columbia.
system facilities in construction and preoperational phases will re-
quire security protection for as long as two years.
BACKGROUND
Finally, the adopted mass transit system for the Washington metro-
politan area involves a high-speed, inter-jurisdictional rapid rail
The Washington Metropolitan Area Transit Authority is the inter-
system through the two States, the District of Columbia, four counties,
state compact agency with primary responsibility for construction of
and numerous municipal jurisdictions indicated, whose rules, regula-
METRO rapid transit facilities, operation of such facilities, and the
tions, laws and ordinances must be enforced by public safety agencies
administration and operation of the bus system for the Washington
both in transit facilities and near such facilities. The security provision
metropolitan region. Construction of the initial segment of the
for the regional mass transit system must provide for interjurisdic-
METRO rail system (designed to serve as a regional rapid rail transit
tional coordination, must be capable of effectively protecting transit
system for the District of Columbia and parts of Maryland and Vir-
operations across jurisdictional boundaries, and must be capable of
ginia) is completed, operations having begun on the first four and one-
effectively providing security in high-speed, technologically sophisti-
half miles. One additional phase of subway system operations is cur-
cated transit operations.
rently projected to start during 1977, along with coordination of the
As a result of the complex factors involved in developing a security
regional bus system and transit system passenger parking lots to pro-
system for the regional rapid transit operations, the Washington
vide access to METRO rail stations.
Metropolitan Area Transit Authority in 1972, retained a consulting
The Washington Metropolitan Area Transit Authority is respon-
firm to study the security needs for their proposed operations. The
sible for providing security for its operations, personnel, patrons, and
consultants reviewed security provisions of other transit systems and
facilities in a transit zone embracing the District of Columbia, portions
the specialized needs of the Washington metropolitan region. Their
of two states, four counties, several independent cities, and other
report, completed in December 1972, concluded that watchmen, guards,
municipal corporations, and in which each individual government has
investigators, or any system of special police would not provide
varying laws, ordinances, regulations, law enforcement and judicial
effective protection of regional transit operations, particularly because
processes which have an impact upon the security programs for the
of the numerous local statutes and ordinances regulating the actions of
mass transit system. In previous years, the Transit Authority pro-
special police in the Compact signatory jurisdictions. The report rec-
vided security for the construction of mass transit facilities through
ommended a regular, inter-jurisdictional Transit Police Force which
the employment of watchmen, guards and special police. The Author-
would work in cooperation with local police forces of the affected
ity has also used similar personnel or private firms to provide security
jurisdictions.
for the bus system facilities; and local police forces in the District
A similar concept has been used to provide security for various other
and in the Virginia and Maryland suburban areas have provided pas-
mass transportation systems, including those of Chicago and New
senger security when needed for the bus system.
York City. The security system used in Chicago consists of a spe-
Provision of security for inital operating phases of the rapid rail
cialized branch of the city police department, with responsibility for
system, as well as for buses, parking and other elements of the co-
surveillance of all transit system facilities and operations, including
ordinated mass transit systems for the region, involves consideration
the system's trains, parking lots, buses and maintenance facilities.
of several factors. First, the costs of operating and maintaining the
Similarly, the systems used by New York City transit agencies in-
METRO System, as well as those associated with depreciation and
clude separate, specially-trained regular police forces. also responsible
transit system bond debt, under the current funding arrangements
for the protection of all transit system facilities and operations.
are to be handled in the same manner as other operating expenses. A
(See Table 1.)
rather high, consistent level of system ridership will be necessary in or-
der to generate sufficient revenues to cover such costs. In order to gen-
erate relatively high levels of ridership, the METRO security system
must generate public confidence with regard to the comparative safety
of patronizing the mass transit system. Several studies, including one
conducted by the President's Commission on Law Enforcement and
Administration of Justice, have found a direct relationship between
levels of transit ridership and fear of victimization while patronizing
nublic transit systems. Presumably, the effectiveness of the Transit
Authoritv's security system will have a recognizable impact upon its
level of ridership and upon its revenues.
6
7
Hours of
operation
20, 5
a.m. to
1 a.m.
5 a.m.
In 1973, a committee of officials representing various jurisdictions
20 hr,
to
a.m.
within Virginia and Maryland, and representing the District of
24.
24.
24.
Columbia, drafted an amendment to the Washington Metropolitan
machines,
Automatic turn- 24.
Area Transit Regulation Compact, authorizing the Transit Authority
Method of fare
collection
Change
ticket
machines.
stile and
change
machines.
(Cash booth
token turn-
stiles) token.
Farecard
Magnetic fare-
card stored
to establish a regular, inter-jurisdictional transit police force. The
value.
concept of a joint transit system policing force was approved by seven-
teen regional and local entities in 1973 and 1974. (See Table 2.)
TABLE 2.-Approval by regional agenoies of the joint policing concept for WMATA
Slack hours
10 to 20, 20 to
60, minutes.
Headway
10 min
6 and 10 min.,
3 cars per
train, 1
element.
2 cars per train
Washington Metropolitan Area Transit Authority Board June 14, 1973.
of Directors.
TABLE 1.-WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, SECURITY PROGRAM PROJECT, TRANSIT SYSTEM FEATURES COMPARISON CHART
Metropolitan Washington Council of Governments Public
Oct. 4, 1973.
Safety Policy Committee.
Metropolitan Washington Council of Governments Board
Oct. 10, 1973.
Unknown-1973.
Rush hours
2.3, 6 min.
per line, 9
2 min. main
routes, 8 cars
per train, 4-8
min. branch
of Directors.
2 to 6 mis
cars per
train, 3
element.
Northern Virginia Transportation Commission
min
2 min:
lines.
Washington Surburban Transit Commission
Unknown-1973.
Unknown-1973.
Montgomery County Executive
Montgomery County House Delegation
Oct. 16, 1973.
Scope of
security force
Trains, stations, 5
Trains, stations. 3,
Prince Georges County Executive
Nov. 7, 1973.
parking lots.
stations.
stations,
buses.
Trains, stations,
parking lots,
Trains, stations,
parking lots.
Prince Georges County Council
Nov. 7, 1973.
Jan. 26, 1974.
Arlington County
Train,
Trains,
buses.
Fairfax County, Va
Aug. 6, 1973.
City of Alexandria, Va
Mar. 14, 1973.
City of Falls Church, Va
Jan. 14, 1974.
City of Fairfax, Va
Jan. 15, 1974.
Size of security
17-4 per 8 hr
shift.
3383 core force
of 200 men
per shift ex-
approximately
700 to 800
men per shift.
Mar. 5, 1973.
panding to
force
254, 57, 311
81 uniformed,
5 secret, 2
directors.
City of Bowie, Md
City of Takoma Park, Md. (agreed with county)
Mar. 20, 1973.
Source: Washington Metropolitan Area Transit Authoity, "A Report on the Requirements for Establishing a Metro Security Program."
Council of the District of Columbia
July 15, 1975.
96
Source Washington Metropolitan Area Transit Authority and Council of the District of
Columbia.
Type of
security force
Port Authority
Transit Corp.
own force.
Metropolitan
Transit Au-
thority
trained police
(own
academy).
Chicago police
department
In March 1974, the State legislature of the Commonwealth of
transit
security.
145,000,Monday Path force
Metropolitan
police.
Virginia adopted Senate Bill 315, the Compact amendment, with some
insubstantial modifications, on behalf of Virginia and authorized
the Governor to execute the document. The Governor of Virginia
Sundays, and
signed the document on April 8, 1974. The Maryland State Legislature
37,500, Monday
4,100,000, Mon-
day through
day through
day through
252,000 a.m.
annually by
Daily
passengers
through
Friday.
through
Friday.
Friday-
1,700,000
Saturdays,
holidays.
1,000,000
Monday
through
Friday.
400,000, Mon-
Friday.
959,000, Mon-
Friday-
287,000,000
made further insubstantial modifications in the draft amendment,
peak
1990.
adopted Senate Bill 733 in March 1974, on behalf of Maryland, and
authorized the Governor of Maryland to sign the document on May 31,
1974.
28, 3 lines, all
88, 55 subway,
31 surface or
aerial-44 in
Columbia, 22
in Maryland,
20 in Virginia.
At that point, the District of Columbia, as the third signatory of
Number
stations
subway.
District of
the Washington Metropolitan Area Transit Regulation Compact
needed to agree to the Compact amendment. Representatives of the
32.
13
477
137
District of Columbia Government testified in favor of the compact
amendment in Committee hearings.
Mileage length
1912 (237), 578
1974 98, 38.4 District
of Columbia,
29.7 Mary-
land, 29.1
Virginia-
50 subway,
36 surface.
NEED FOR LEGISLATION
14.5
Year of
com-
ing
opera-
1904- 14
62
1940 190
1966 16
In its present form, the Washington Metropolitan Area Transit
menc-
tion
1968
Regulation Compact provides for a limited security system for the
regional mass transportation system. Article 76 of the Compact
provides:
Transit system
Transit Authority.
76. The Board is authorized to employ watchmen, guards,
Port Authority
Transit Corp.
Port Authority
Trans-Hudson.
New York City
Metropolitan
Chicago Transit
Authority.
Montreal Urban
Community
Transit Com-
name
mission.
Washington Metro-
politan Area
Transit Authority.
and investigators as it may deem necessary for the protec-
tion of its properties, personnel and passengers and such
employees, when authorized by any jurisdiction within
9
8
The first two phases of rail system operation would include four
the Zone, may serve as special police officers in any such
and one-half route miles with six stations for the first phase of sched-
jurisdiction. Nothing contained herein shall reli (e) ve any
uled operations initiated in March 1976, and an additional eighteen
signatory or political subdivision or agency thereof from
route miles with twenty-five stations scheduled to start operations
its duty to provide police service and protection or to limit,
in 1977. By the start of the second phase, the rapid rail and coordi-
restrict or interfere with the jurisdiction of or performance
nated bus systems will cross interjurisdictional boundaries, with pro-
of duties by the existing police and law enforcement agencies.
jected peak-hour ridership of as many as 100,000 patrons, and would
As stated in Article 76 of the Compact, the Transit Authority is
require that security provisions be arranged for the transit operations.
authorized to hire special police officers, or investigators, but, under
It is the opinion of the Committee that the continued use of special
present Compact provisions, may not employ a regular, or transit
police forces to provide security for the Washington regional mass
police force. At this time, there is legal authorization for special
transportation system is neither practical nor economically feasible,
police, or their equivalent, in the District of Columbia, Maryland,
particularly in situations currently projected, in which the rapid rail
Virginia, and in all their political subdivisions. Such special police
system begins its operation across jurisdictional boundaries.
officers are available to provide transit system security on a purely
The usual practice of amending an interstate compact, such as
local basis, and as such, their jurisdiction is limited to the appointing
P.L. 86-794, requires the adoption of all signatories and the consent
locality.
of the Congress. The approval process requires considerable periods
In all municipalities, jurisdiction of special police is limited to the
of time, as does the training period projected for the regular transit
areas designated in their appointments, and under most regulations,
police force, and, in the opinion of the Committee, this legislation,
would be limited to specific transit facilities. Although, under most
providing the final stage of the approval process, is required to assure
existing local ordinances of the signatory jurisdictions, special police
timely, safe, and effective operation of the Washington metropolitan
forces have the authority of regular police forces within their ap-
region's rapid transit system.
pointed geographical limitations, special police officers are limited in
As to the size of the Metro Transit Police force, the testimony before
their use of hot or fresh pursuit across interstate boundaries for all
the Committee was that the current budget estimates for the Security
cases except felony cases, and cost considerations of extradition by
Department of the Washington Metropolitan Area Transit Authority
special police across jurisdictional boundaries are prohibitive for all
provide for an initial 96-member regular Transit Police force, which
except serious offenses. Offenders in a high-speed, interjurisdictional
when the transit operations expand, will be increased to an approxi-
mass transit system may often be apprehended in a jurisdiction other
mately 200-member force.
than that in which the offense occurred, and as a result, questions of
venue may provide additional restraints on efficient prosecution of
LEGISLATIVE HISTORY
violators within the transit zones. Should there be continued use
of special police to provide transit system security, the requisite process
A hearing on H.R. 8719 was held on April 1, 1976, at which rep-
of transporting and booking offenders for minor infractions may not be
resentatives of the Washington Metropolitan Area Transit Author-
economically feasible, and, in addition, the possibilities of cases re-
ity and representatives of the District of Columbia government
quiring extradition may make prosecution of infractions not feasible.
appeared. They all favored enactment of the compact and approved
Local police forces, although they would not require major addi-
of the creation of a special police force which would have power to
tional costs for administration of transit security, would experience
cross jurisdictional boundaries because of the special nature of the
patrol dead time on overlapping patrols where transit lines crossed
Metro transit system.
state boundaries, because their personnel would have to make return
During the course of the hearing certain questions were asked re-
trips after the transit system crossed each jurisdictional boundary.
garding the overlapping jurisdiction of the local police force and the
Similarly, use of state-wide police forces would again result in some
proposed Metro police. In an attempt to clarify the situation the fol-
patrol dead time as state boundaries are crossed, and, in addition,
lowing policy discription was supplied for the record by Metro.
would require the establishment of new administrative structures to
provide state protective services, along with additional costs for such
ARREST IN FEDERAL OFFICE BUILDINGS
administration.
In addition, the proposed Metro Transit Police force (as op-
Metro Transit Police jurisdiction is restricted to the properties of
posed to state or local police forces) must be prepared and will be
Metro and for crimes committed to or against the properties of Metro
required to deal with unique problems associated with underground
in hot or close pursuit. If the Federal building involved was under ex-
rapid rail systems-including crowd management, vandalism, fire
clusive Federal jurisdiction, the Metro Transit Police would not have
hazards, system power failures, and individual emergencies. A highly
jurisdiction and could not legally make an arrest in the building. Most
trained and skilled transit police force is essential to meet these needs.
Federal buildings are under concurrent jurisdiction and in these in-
It would not be cost-effective for each separate jurisdiction to train
stances the Metro Transit Police officers could legally make an arrest
state or local police in these skills.
in hot or close pursuit. In practice, our orders will direct the Metro
10
11
Transit Police officer to radio the dispatcher and advise a hot or close
Trains and the local police would work the undeveloped leads in their
pursuit has begun. The Metro Transit Police Dispatcher will immedi-
community.
ately notify the Federal Protective Service who have primary jurisdic-
AUTO THEFTS
tion in the Federal Buildings and request their assistance. In addition,
the local police will be notified of the occurrence. Except in extreme in-
Auto thefts that occur on WMATA property and are reported to
stances involving felony type crimes (murder, armed robbery). The
or observed by Metro Transit Police will be initially investigated by
Metro Transit Police officers will be directed not to pursue a subject
same. The follow-up investigations of these offenses will, to the extent
into a Federal buliding.
possible, be referred to the respective local police department. The
problem of interstate auto thefts is very possible and every effort will
ARREST IN PUBLIC SCHOOL BUILDINGS
be made to utilize the expertise of local police and federal special units
with a view towards avoiding duplication.
Metro Transit Police jurisdiction is restricted to the properties of
Metro and for crimes committed to or against the properties of Metro
BURGLARY
in hot or close pursuit. Legally a Metro Transit Police Officer could
pursue a person who had committed a crime on Metro property into
Burglaries occurring on WMATA properties reported to or ob-
a school building and make a legal arrest. In practice, our orders will
served by Metro Transit Police will be initially investigated by same.
direct the Metro Transit Police Officer to radio the dispatcher and ad-
The type burglaries will determine the agency that will control follow-
vise that a hot or close pursuit has begun. The Metro Transit Police
up investigations that may be required. For example, burglaries which
Dispatcher will immediately notify the local police and request their
require little or no long term investigation (1 day or less) will be com-
assistance at the scene. Except in extreme instances involving felony
pleted by Metro Transit Police. More serious burglaries which may
type crimes (murder, armed robbery) schools will be treated in a
require extensive long term follow-up investigations will be referred
manner similar to Federal Buildings. The Metro Transit Police
to the respective local police department with a view towards avoiding
Officers will be directed not to pursue a subject into a school building.
duplication.
DISORDERLY CONDUCT
ARSON
Incidents of disorderly conduct occurring on WMATA properties
Arson incidents occurring on transit facilities owned, controlled or
that are reported to or observed by Metro Transit Police will be han-
operated by WMATA and reported to the Metro Transit Police will
dled by same. Warning, citations or arrests will be the procedures
be initially investigated by same. All facts and information gathered
utilized by Metro Transit Police officers in accordance with the se-
will be made available to the specialized unit of the respective local
verity of the incident. Local police officers witnessing similar types of
police and fire departments as required.
offenses will also be expected to initiate proper police action on all
The technical knowledge and expertise of the Metro Transit Police
of the incidents coming to their attention.
and WMATA technical personnel will be made available to local in-
vestigators with a view towards avoiding duplication of effort.
DESTRUCTION OF PROPERTY
Offenses of this nature occurring on Metro property and reported
ASSAULT
to or observed by Metro Transit Police will be handled entirely by
A simple or aggravated assault occurring on a train normally will
same.
be processed by the Metro Transit Police. If the assault was observed
Malicious defacing of property by drawings, marking, writing on,
by a Metro Transit Police Officer, an arrest could be made and the sub-
breaking, cutting, etc., all require the presence of an Authority repre-
ject delivered to the appropriate police officer or judicial officer of the
sentative in court cases. This prerequisite makes it desirable for Metro
political subdivision where the offense occurred. If the assault was not
Transit Police to handle these cases in their entirety to avoid duplica-
observed, the initial investigation would be conducted by the Metro
tion of effort.
Transit Police. If the investigation required leaving Metro property,
Vandalism and graffiti are two of the major problems of transit
the case could either be worked jointly by the Metro Transit Police
systems. New York City Transit System spends over $3,000,000 yearly
and the local police department or transferred to the local police de-
to repair the damages resulting from offenses of this nature.
partment. The action taken would be dictated by the circumstances.
If a Metro employee was involved, certainly it would be a joint investi-
FARE EVASION
gation. If the subject and victim were passengers, it could be either
Offenses of this nature require that an officer observe the incident
a joint or a local investigation. For example, if it were determined that
witnesses to the offense were passengers who rode the same train at the
prior to arrest or issuance of any citation/summons.
Metro Transit Police officers will in all cases either warn the of-
same time each day, it would be helpful to have a joint investigation.
fender, issue a citation/summons or make an arrest depending on the
The Metro Transit Police would work the undeveloped leads on Metro
circumstances surrounding the respondent/defendant and the incident.
12
13
It is expected that local police departments will instruct their offi-
General Order 305.1, dated March 4, 1973. For example, a Metro
cers to follow the same type or similar procedures when they observe
Transit Police Officer observes a juvenile painting "graffiti" on the
violations of this nature.
walls of a transit facility and/or train. The juvenile would be taken in
Fare evasion is a misdemeanor offense that is increasing greatly in
custody and his/her name, address, parents' name would be obtained.
many rapid transit systems throughout the United States. New York
The juvenile would be notified that the District of Columbia Code
City claims that they are saving $15 million yearly as a result of a
forbids the "defacing of public property" and would then be delivered
recent crackdown on incidents of this type by their plainclothes tran-
to a Metropolitan Police Officer for disposition as follows. The parents
sit police officers.
would be notified to report to a Metropolitan District Police Station
HOMICIDES
and notified of the circumstances. After all the reporting form infor-
mation is obtained, the juvenile would be released to the parents
Murder, negligent manslaughter or any natural deaths occurring
(guardian). A petition could be filed with the Juvenile Court and
on WMATA's property will be handled in their entirety by the local
the disposition of the case by the Court could range from a warning
police department. (Statutory regulation.)
for a first offender to commitment in a detention facility for a juvenile
Metro Transit Police officers arriving on the scene of any death, vio-
who had committed multiple offenses.
lent or otherwise, will cause the local police department to be notified;
In the majority of juvenile contact police cases involving minor
secure the scene, and detain any witnesses pending arrival of the local
infractions, a PD Form 379 report is made. The juvenile is then re-
police investigators.
leased and the parents are notified of the infraction by the officer
ILLNESS AND INJURIES
handling the case. In serious offenses (murder, rape, robbery, and
aggravated assault), the juvenile delinquent could be placed in imme-
Actions by Metro Transit Police officers will be predicated on the
diate detention.
nature and severity of the incident, although some general rules will
LARCENY
always apply. Upon notification or discovery of an ill passenger, the
Metro Transit Police shall first use the car intercom to notify the Com-
Larcenies that occur on WMATA property and are reported to or
mand Center who shall, in turn, summon an ambulance from the
observed by Metro Transit Police will be initially investigated by
proper authority having jurisdiction. Coordination at this point is es-
same. The type of larceny, i.e., petit or grand, will determine the
sential since an ambulance may be closer to a transit station farther
agency that will control followup investigations that may be neces-
down the line and the Metro Transit Police need to know that assist-
sary. For example, petit larcenies which require little or no long term
ance may not be at the next transit station. If the passenger is simply
investigation (1 day or less) will be completed by Metro Transit
sick, the officer shall offer whatever aid possible to comfort the passen-
Police. More serious grand larcenies which may require extensive long
ger. If an ambulance has been requested, but has not arrived at the
term followup investigations will, to the extent possible, be referred
designated transit station prior to the train, the officer will assist the
to the specialized unit of the respective local police department. Every
patient off the train and make him as comfortable as possible on a sta-
effort will be made to utilize the expertise of local police special units
tion bench. For more serious illness, i.e., convulsions, heart attack,
with a view towards avoiding duplication.
stroke, etc., action by the officer must be immediate in using whatever
first aid techniques are necessary to sustain life. The officer shall con-
NARCOTIC INCIDENTS
tinue first aid until the train reaches the transit station where an am-
bulance crew will be waiting. An officer should not attempt to move the
The nature of drug/narcotic incidents i.e., the actual location at
patient off the train until trained assistance arrives. Unless extenuat-
which the purchase, selling or use is accomplished is vital to the deter-
ing circumstances dictate otherwise, Metro Transit Police officers shall
mination of the proper agency to effect jurisdiction. In each instance
not leave ill or injured passengers unattended.
involving reports or observations concerning drugs/narcotics, the
Persons found appearing to be mentally unstable will be delivered
Metro Transit Police will seek to establish jurisdiction according to
to the local police for transportation to the proper medical facilities
the specific circumstances present. If there is any doubt as to jurisdic-
for treatment.
tion, both local and federal drug/narcotic specialized units will be
Persons found within the system inebriated to the point where their
notified.
personal safety must be considered will be removed and delivered to
In instances where the initial report or observation is made to or
the local police for transportation to the local Detoxification Center.
by Metro Transit Police, as many details as possible will be secured
(who, what, when, where and how) so that jurisdiction may be fixed
JUVENILE INCIDENTS
and coordination initiated with agencies that have jurisdiction or that
may assist in the investigation. Generally speaking, where such an
Juveniles committing negative incidents (anti-social acts amounting
incident occurs on WMATA property, a preliminary investigation
to a criminal offense) will be disposed of in accordance with the laws
will be undertaken by Metro Transit Police. Concurrently, notification
of the jurisdiction where the incident occurred. In the District of
will be made to the applicable local and/or federal drug enforcement
Columbia, the juvenile will be processed according to the MPDC
agencies so that they may assume jurisdiction at the earliest possible
time and conduct such followup investigations as may be required.
14
15
Jurisdictional questions take on added emphasis in a rapid rail
would dictate that additional Metro Transit Police Officers be dis-
environment (trains travelling at 70 MPH). The collection, marking
patched to the Metro properties closest to the scene to furnish addi-
and necessary identification of drugs/narcotics is vital to the estab-
tional protection in the event the disturbance moved into Metro
lishment of venue and determination of proper referral agencies.
property.
ROBBERY
RAPE
Acts of robbery which occur on WMATA property and are observed
The need for speedy investigations in all cases wherein the crime of
by Metro Transit Police will be pursued by same with a view towards
rape is alleged is essential to any successful prosecution of such cases.
apprehending the subject. Reports of robberies made to Metro Transit
Since rape is believed by many to be a crime of violence as opposed to
Police will result in the collection of all available information and
some other sex deviations, special units have been established in most
referral of same to the robbery squad of the applicable local police
local police departments to conduct these investigations. Moreover,
department for action. Such assistance as the Metro Transit Police
nonpolice organizations such as the Rape Crisis Center become in-
can legally provide the local police in the conduct of these investiga-
volved in reporting of rapes and counseling/assisting rape victims to
tions will be furnished.
the extent they deem appropriate. In this regard, all cases of rape
Moreover, there may be robbery cases which occur on WMATA
reported to Metro Transit Police and alleged to have occurred on
property which suggest a joint investigation by local police and Metro
WMATA property will be referred as expeditiously as possible to
Transit Police. In such instances, the Metro Transit Police will assist
the applicable local police specialized rape squad. Where such reports
to the extent legally authorized as advised by the General Counsel of
are made by the victim in person and the perpetrator is still believed
the Authority and the respective local police departments.
to be on the scene, every effort will be made to apprehend same con-
current with notification to the specialized rape squad of the applica-
SEX OFFENSES
ble local police department. Information regarding rapes alleged to
have occurred off WMATA property will be provided to the local
Since sex offenses may involve males, females and minor children
police for any use they may deem appropriate. The proper collection
and the scenes of such offenses may be under concurrent jurisdiction
and evaluation of evidence and testimony is extremely important in
or outside the jurisdiction of Metro Transit Police a concerted effort
rape offense investigations. Therefore, those cases occurring on
is required to rapidly determine venue.
WMATA property where Metro Transit Police are first to arrive on
In every sex case reported to Metro Transit Police, as many details
the scene, will result in securing the scene pending necessary examina-
as possible will be secured from the person (s) making the report. The
tion by the local police special rape squad.
who, what, when, where and how will be fixed as rapidly and clearly
as possible so that jurisdiction can be established and coordination
RIOT OR PUBLIC DISTURBANCE
initiated with the appropriate local police agency. In all such cases
maximum use will be made of the expertise available in the specialized
A general definition of riot is a public disturbance involving an
sex units of local police departments. However, in some minor cases,
assemblage of five or more persons who by tumultuous and violent con-
such as where an act of "frottage" occurs on a crowded train and both
duct or the threat thereof create grave danger and damage or injury
the victim and subject are identified, such subject may be cited by
to property or persons. In actuality, a riot normally involves many
Metro Transit Police for disorderly conduct or breach of peace as
more than five persons and results in serious incidents including loot-
opposed to some other specific sex charge. Otherwise, all sex offenses
ing and serious bodily harm. A public disturbance is a lesser event
requiring extended (1 day or more) investigations will be referred
with the possibility of danger or minor difficulties. In either case, a
to the local police for action as indicated above.
Metro Transit Police Officer observing either of the above occurrances
on Metro property would notify the Metro Transit Police dispatcher
TRESPASSING VIOLATIONS
and request immediate assistance. The dispatcher would immediately
advise the local police and request immediate help. In addition, he
Usually routine instances of trespass on posted WMATA properties
would dispatch available Transit Police officers. With the limited
will be handled by Metro Transit Police. This point notwithstanding,
strength of the Metro Transit Police Department the predominant
the assistance of the local police is desired and required if maximum
number of police officers arriving on the scene could be from the local
protection is to be accrued to WMATA properties. The sizeable and
jurisdiction. As such, the command of the secene would be under the
widely dispersed properties owned or controlled by WMATA makes it
control of the local senior police officer. The senior Transit Police
virtually impossible for the limited resources authorized the Metro
officer would assist and support the local police as requested. If the
Transit Police Force to provide requisite protection against trespas-
event occurred off Metro property and was observed by a Metro
sers without local police assistance. The concurrent jurisdictional
Transit Police officer, the local police would be notified immediately
provisions of legislation passed in the States of Virginia and Mary-
through the Transit Police dispatcher. The Transit Police could not
land provide for utilization of such an operational concept.
be used to control a riot or disturbance off Metro property. Practice
1 Frottage-is a form of masturbation, closely associated to buttock fetishism the
male subject usually rubs or presses against the buttocks of a female while in a crowd.
16
17
TRAFFIC INCIDENTS
for "hot pursuit" arrests in the transit zone for violations committed
upon, to, or against transit facilities. Metro Transit Police will have
Traffic incidents not involving death or serious injury which occur
concurrent jurisdiction with law enforcement agencies of the signa-
on WMATA properties i.e., bus storage lots, may be investigated by
tories and political subdivisions, but nothing in Section 76 will relieve
Metro Transit Police. Those incidents involving death or serious in-
local public safety agencies of their dutes or interfere with their
jury, likely to result in death, will be referred to local police, specifi-
jurisdiction or the performance of their duties.¹
cally in the District of Columbia. Traffic incidents occurring on
WMATA parking lots used by patrons of the rapid rail system are
Section 76(b)
programmed to be investigated by the local police agency having
Metro Transit Police powers (including arrest) and limitations
primary law enforcement responsibility for the parking facility in
will be the same as those of the law enforcement officers of the political
question.
subdivision in which the member of the force is performing his duties.
WEAPONS
The carrying and use of weapons are only authorized if such weapons
are issued by WMATA, and they may only be carried, and used in
Persons found on WMATA facilities by Metro Transit Police offi-
the performance of duty or while on Métro facilities in direct transit
cers to be in possession of weapons expressly prohibited to be carried
to or from a duty assignment. Carrying weapons is also authorized
or concealed about their person will be arrested by same and delivered
while in direct transit to or from a duty assignment even if not on a
to the respective local police agencies in all cases where weapons are
Metro facility. Use of handguns is further restricted by the same
found on WMATA properties.
limitations imposed on the police force of the political subdivision in
which the Metro police officer is performing his duties.
SPECIAL SQUADS
Section (e)
It was further discussed during the hearing that Metro did not
Execution of traffic citations and criminal process on transit facili-
intend to establish any special squads such as a homicide squad or a
ties by Metro Transit Police is authorized if issued by any court of a
bomb squad as they would be duplicative of those which present police
signatory or political subdivision thereof for any offense against the
forces already maintain. It was mentioned that Metro presently has a 3-
laws of the signatories or the political subdivisions thereof or the
man investigative squad for internal investigations. It is the com-
regulations of WMATA. Execution of criminal process throughout
mittee's view that this squad should concern itself only with investiga-
the Transit Zone by Metro Transit Police for offenses committed
tions of persons employed by Metro and on Metro properties. If the
upon or against Metro facilities is authorized, except in the State of
investigation should lead to other individuals or require off-property
Maryland.
interviews the local police department of the appropriate jurisdiction
Section
should be the appropriate investigative body. It is further the com-
mittee's view that the size of this group should be limited to three
Upon apprehension or arrest, Metro Transit Police will, in accord-
individuals and that if any expansion of this squad is contemplated,
ance with the law of the place of apprehension or arrest, issue a
advance approval of such expansion should be obtained from the
summons or citation against the person, book the person, or deliver
appropriate congressional committees prior to such expansion.
the person to the duly constituted police or judicial officer of the
The committee on May 13, 1976, approved the bill as amended
signatory or political subdivision where the apprehension or arrest is
unanimously.
made.
SECTION-BY-SECTION ANALYSIS
Section 76(e)
Power to adopt rules and regulations for the safe and orderly use
SECTION 1
of the transit facilities is granted to WMATA. WMATA rules and
Congress consents to, and adopts and enacts for the District, the
regulations contravening the laws of a signatory or political sub-
following amendments to the Washington Metropolitan Area Transit
division thereof will be void within such signatory or political sub-
Regulation Compact.
division. Such WMATA rules and regulations will be uniform in all
Paragraphs (1), (2), and (3) provide for a definition of Transit
other respects throughout the Transit Zone. The WMATA rules and
Zone so that such term may be used throughout the Compact.
regulations will be adopted in accordance with due process including,
Paragraph (4) amends Section 76 of Article XVI of the Compact
but not limited to: circulating notice of the intended action; affording
as follows:
interested persons the opportunity to submit data or views orally
or in writing; and holding a public hearing. Violation of WMATA
Section (a)
rules or regulations will be punishable by fine of not more than $250
The Washington Metropolitan Area Transit Authority (WMATA)
and costs.
is authorized to establish and maintain the Metro Transit Police to
protect its patrons, personnel, and facilities. The Metro Transit
1 Although Metro Police will have concurrent jurisdiction with the local law enforce-
Police will enforce the laws of the signatories and the political sub-
ment agencies, WMATA has developed working arrangements with the affected local
police forces to define their respective primary responsibilities. Under this arrangement,
divisions thereof in the transit zone, and WMATA regulations.
testimony indicates that Metro Transit Police will have primary responsibility for
Metro Transit Police jurisdiction is limited to Metro facilities except
patrolling the trains and tunnels, and the local police will have primary responsibility for
station platform areas and parking lots.
19
18
Police force is not expected to have any significant impact on the Fed-
Section 76(f)
eral Government budget because its costs are treated as ordinary
Duty classifications and qualifications for Metro Transit Police
operational expenses.
will be established. Training of the police will be provided by WMATA
INFLATION IMPACT
and will at least equal the training required by each signatory and
political subdivision thereof in the Transit Zone for their personnel
This bill, if enacted into law, will have no foreseeable inflationary
performing comparable duties. Distinctive uniforms for the police
impact on prices or costs in the operation of the national economy.
will be prescribed by WMATA.
COMMITTEE VOTE
Section 6(g)
Agreements defining the functions and responsibilities of Metro
H.R. 8719 was unanimously approved by vote of the Committee.
Transit Police and other public safety agencies and for mutual
assistance may be entered into by WMATA, the signatories, the
CONCLUSION
political subdivisions thereof in the Transit Zone, and the public safety
agencies.
The passage of this legislation is recommended to ensure the safety
of the public riding the new subway and to lessen jurisdictional diffi-
Section 76 (h)
culties which are caused by the multistate operation of the system.
Each member of the Metro Transit Police will take an oath to per-
form the duties of his office faithfully.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
SECTION 2
In compliance with subsection 4 of rule XXIX of the Standing Rules
of the Senate, changes in existing law made by the bill, as reported, are
The Mayor of the District of Columbia is authorized and directed
shown as follows (existing law proposed to be omitted is enclosed in
to execute the Compact amendments on behalf of the District of
black brackets, new matter is printed in italic, existing law in which
Columbia.
no change is proposed is shown in roman)
:
SECTION 3
WASHINGTON METROPOLITAN AREA TRANSIT REGULATION COMPACT
The Superior Court of the District of Columbia is granted juris-
diction over cases involving violations, committed in the District of
Columbia, of WMATA rules and regulations.
TITLE III
SECTION 4
ARTICLE I
This section was added to make clear the Council's authority to
adopt, on behalf of the District of Columbia, amendments to the Wash-
DEFINITIONS
ington Metropolitan Area Transit Regulation Compact. It does not
relieve the compact participants from obtaining affirmative approval
1. As used in this Title, the following words and terms shall have the
for any compact amendment from Congress.
following meanings, unless the context clearly requires a different
meaning:
SECTION 5
(a) "Board" means the Board of Directors of the Washington
Metropolitan Area Transit Authority;
The right of Congress to alter, amend, or repeal this Act is expressly
(b) "Director" means a member of the Board of Directors of the
reserved, in accordance with customary language included in interstate
Washington Metropolitan Area Transit Authority;
compact consent legislation.
(c) "Private transit companies" and "private carriers" mean
corporations, persons, firms or associations rendering transit service
BUDGET AUTHORITY
within the Zone pursuant to a certificate of public convenience and
necessity issued by the Washington Metropolitan Area Transit
This bill creates no new budget authority for the Federal Govern-
Commission or by a franchise granted by the United States or any
ment.
signatory party to this Title:
COSTS
(d) "Signatory" means the State of Maryland, the Commonwealth
of Virginia and the District of Columbia;
Costs for the regular Metro Transit Police force are estimated to be
(e) "State" includes District of Columbia;
approximately $1.5 million for the first year of operation, and ap-
(f) "Transit facilities" means all real and personal property located
proximately $3.5 million per year when the system becomes fully
in the Zone, necessary or useful in rendering transit service between
operational. Most significantly, however, establishment of this Transit
20
21
points within the Zone, by means of rail, bus, water or air and any
Transit Police shall have concurrent jurisdiction in the performance
other mode of travel, including without limitations, tracks, rights of
of their duties with the duly constituted law enforcement agencies of
way, bridges, tunnels, subways, rolling stock for rail, motor vehicle,
the signatories and of the political subdivisions thereof in which any
marine and air transportation, stations, terminals and ports, areas for
transit facility of the Authority is located or in which the Authority
parking and all equipment fixtures, buildings and structures and
operates any transit service. Nothing contained in this section shall
services incidental to or required in connection with the performance of
either relieve any signatory or political subdivision or agency thereof
transit service;
from its duty to provide police, fire, and other public safety service and
(g) "Transit services" means the transportation of persons and
protection, or limit, restrict, or interfere with the jurisdiction of or the
their packages and baggage by means of transit facilities between
performance of duties by the existing police, fire, and other public
points within the Zone including the transportation of newspapers,
safety agencies.
express, and mail between such points, and charter service which
(b) Except as otherwise provided in this section, a member of the
originates within the Zone but does not include taxicab service or
Metro Transit Police shall have the same powers, including the power
individual-ticket-sales sightseeing operations; [and]
of arrest, and shall be subject to the same limitations, including regu-
(h) "Transit Zone" or "Zone" means the Washington M etropolitan
latory limitations, in the performance of his duties as a member of the
Area Transit Zone created by and described in section 3, as well as any
duly constituted police force of the political subdivision in which the
additional area that may be added pursuant to section 83 (a) and
Metro Transit Police member is engaged in the performance of his
[(h)] (i) "WMATC" means Washington Metropolitan Area
duties. However, a member of the Metro Transit Police is authorized to
Transit Commission.
carry and use only such weapons, including handguns, as are issued by
the Authority, and only in the performance of his duties or while on
the transit facilities owned, controlled, or operated by the Authority
ARTICLE XVI
in direct transit to and from a duty assignment. A member of the
Metro Transit Police is authorized to carry such weapons only while
GENERAL PROVISIONS
in direct transit to and from a duty assignment and is subject to such
additional limitations in the use of weapons as are imposed on the duly
constituted police force for the political subdivision in which he is en-
Police
gaged in the performance of his duties.
(c) Members of the Metro Transit Police shall have power to exe-
[76. The Board is authorized to employ watchmen, guards and
cute on the transit facilities owned, controlled, or operated by the Au-
investigators as it may deem necessary for the protection of its
thority any traffic citation or any criminal process issued by any court
properties, personnel and passengers and such employees, when author-
of any signatory or of any political subdivision of a signatory, for
ized by any jurisdiction within the Zone, may serve as special police
any felony, misdemeanor, or other offense against the laws, ordinances,
officers in any such jurisdiction. Nothing contained herein shall re-
rules, or regulations specified in subsection (a). However, with respect
lieve any signatory or political subdivision or agency thereof from
to offenses committed upon, to, or against the transit facilities owned,
its duty to provide police service and protection or to limit, restrict
controlled, or operated by the Authority. the Metro Transit Police shall
or interfere with the jurisdiction of or performance of duties by the
have power, except in the State of M aryland, to execute criminal proc-
existing police and law enforcement agencies.]
ess within the Transit Zone.
76. (a) The Authority is authorized. to establish and maintain a
(d) Upon the apprehension or arrest of any person by a member of
regular police force, to be known as the Metro Transit Police, to pro-
the Metro Transit Police pursuant to the provisions of subsection (3),
vide protection for its patrons, personnel, and transit facilities. The
the officer, as required by the law of the place of apprehension or
Metro Transit Police shall have the powers and duties and shall be sub-
arrest, shall either issue a summons or a citation against the person,
ject to the limitations set forth in this section. It shall be composed of
book the person, or deliver the person to the duly constituted police or
both uniformed and plainclothes personnel. and shall be charged with
judicial officer of the signatory or political subdivision where the ap-
the duty of enforcing the laws of the signatories, the laws, ordinances,
prehension or arrest is'made, for disposition as required by law.
and regulations of the political subdivisions thereof in the Transit
(e) The Authority shall have the power to adopt rules and regula-
Zone, and the rules and regulations of the Authority. The jurisdic-
tions for the safe, convenient, and orderly use of the transit facilities
tion of the Metro Transit Police shall be limited to all the transit facili-
owned, controlled, or operated by the Authority, including the pay-
ties owned, controlled, or operated by the Authority, but this shall not
ment and the manner of the payment of fares or charges therefor. the
limit the power of the Metro Transit Police to make arrests in the
protection of the transit facilities, the control of traffic and parking
Transit Zone for violations committed upon, to, or against such transit
upon the transit facilities, and the safety and protection of the riding
facilities committed from within or outside such transit facilities while
public. In the event that any such rules and regulations contravene the
in hot or close pursuit, or to execute traffic citations and criminal proc-
laws, ordinances, rules, or regulations of a signatory or any political
ess in accordance with subsection (c). The members of the Metro
subdivision thereof which are existing or subsequently enacted, these
22
23
laws, ordinances, rules, or regulations of the signatory or the political
TITLE 11, DISTRICT OF COLUMBIA CODE
subdivision shall apply and the conflicting rule or regulation, or
portion thereof, of the Authority shall be void within the jurisdiction
TITLE 11.-ORGANIZATION AND JURISDICTION OF THE
of that signatory or political subdivision. In all other respects the rules
COURTS
and regulations of the Authority shall be uniform throughout the
Transit Zone. The rules and regulations established under this sub-
section shall be adopted and published in accordance with all stand-
CHAPTER 9.-SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
ards of due process, including, but not limited to, the publishing
or otherwise circulating of a notice of the intended action of the Au-
SUBCHAPTER I.-CONTINUATION AND ORGANIZATION
thority and the affording to interested persons the opportunity to sub-
Sec.
mit data or views orally or in writing, and the holding of a public
11-901. Continuation of courts; court of record seal.
hearing. Any person violating any rule or regulation of the Authority
11-902. Organization of the court.
shall, upon conviction by a court of competent jurisdiction, pay a fine
11-903. Composition.
of not more than $250 and costs.
11-904. Judges; service; compensation.
(f) With respect to members of the Metro Transit Police, the Au-
11-905. Oath of judges.
11-906. Administration by chief judge; discharge of duties.
thority shall-
11-907. Absence, disability, or disqualification of chief judge.
(1) establish classifications based on the nature and scope of
11-908. Designation and assignment of judges.
duties, and fix and provide for their qualification, appointment,
11-909. Meetings and reports.
11-910. Clerks and secretaries for judges.
removal, tenure, term, compensation, pension, and retirement bene-
fits;
SUBCHAPTER IL.-JURISDICTION
(2) provide for their training and, for this purpose, the Author-
ity may enter into contracts or agreements with any public or
11-921. Civil jurisdiction.
private organization engaged in police training, and this train-
11-922. Transfer of civil actions to Superior Court.
ing and the qualifications of the uniformed and plainclothes per-
11-923. Criminal jurisdictions; commitment.
sonnel shall at least equal the requirements of each signatory and
of the political subdivisions therein in the Transit Zone for their
§ 11-924. Jurisdiction With Respect to Violations of the Rules and Regulations
personnel performing comparable duties; and
of the Washington Metropolitan Area Transit Authority.
(3) prescribe distinctive uniforms to be worn.
(g) The Authority shall have the power to enter into agreements
SUBCHAPTER II.-MISCELLANEOUS PROVISIONS
with the signatories, the political subdivisions thereof in the Transit
Zone, and public safety agencies located therein, including those of the
11-941. Issuance of warrants; record.
11-942. Subpenas.
Federal Government, for the delineation of the functions and respon-
11-943. Process.
sibilities of the Metro Transit Police and the duly constituted police,
11-944. Contempt power.
fire, and other public safety agencies, and for mutual assistance.
11-945. Oaths, affirmations, and acknowledgments.
(h) Before entering upon the duties of office, each member of the
11-946. Rules of court.
*
Metro Transit Police shall take or subscribe to an oath or affirmation,
before a person authorized to administer oaths, faithfully to perform
SUBCHAPTER II.-JURISDICTION
the duties of that office.
§ 11-924. Jurisdiction with respect to violations of the Rules and
Regulations of the Washington Metropolitan Area
Transit Authority.
The Superior Court has jurisdiction with respect to any violation,
committed in the District of Columbia, of the rules and regulations
adopted by the Washington Metropolitan Area Transit Authority
under section 76(e) of title III of the Washington Metropolitan Area
Transit Regulation Compact.
H. R. 8719
Ainety-fourth Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the nineteenth day of January,
one thousand nine hundred and seventy-six
An Act
To provide for an amendment to the Washington Metropolitan Area Transit
Regulation Compact to provide for the protection of the patrons, personnel,
and property of the Washington Metropolitan Area Transit Authority.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Congress
hereby consents to, and adopts and enacts for the District of Columbia,
amendments to articles I and XVI of title III of the Washington
Metropolitan Area Transit Regulation Compact (D.C. Code, sec.
1-1431 note) as follows, which amendments have been adopted sub-
stantially by the Commonwealth of Virginia and the State of
Maryland:
(1) Section 1(g) of article I is amended by striking "and" at the
end thereof.
(2) Section 1(h) of article I is amended to read as follows:
(h) Transit Zone' or 'Zone' means the Washington Metropolitan
Area Transit Zone created by and described in section 3, as well as
any additional area that may be added pursuant to section 3(a) ;
and".
(3) Section 1 of article I is amended by adding at the end thereof
the following:
"(i) 'WMATC' means Washington Metropolitan Area Transit
Commission.".
(4) Section 76 of article XVI is amended to read as follows:
"76. (a) The Authority is authorized to establish and maintain a
regular police force, to be known as the Metro Transit Police, to pro-
vide protection for its patrons, personnel, and transit facilities. The
Metro Transit Police shall have the powers and duties and shall be
subject to the limitations set forth in this section. It shall be composed
of both uniformed and plainclothes personnel and shall be charged
with the duty of enforcing the laws of the signatories, the laws, ordi-
nances, and regulations of the political subdivisions thereof in the
Transit Zone, and the rules and regulations of the Authority. The
jurisdiction of the Metro Transit Police shall be limited to all the
transit facilities owned, controlled, or operated by the Authority, but
this shall not limit the power of the Metro Transit Police to make
arrests in the Transit Zone for violations committed upon, to, or
against such transit facilities committed from within or outside such
transit facilities while in hot or close pursuit, or to execute traffic
citations and criminal process in accordance with subsection (c). The
members of the Metro Transit Police shall have concurrent jurisdic-
tion in the performance of their duties with the duly constituted law
enforcement agencies of the signatories and of the political subdivi-
sions thereof in which any transit facility of the Authority is located
or in which the Authority operates any transit service. Nothing con-
tained in this section shall either relieve any signatory or political
subdivision or agency thereof from its duty to provide police, fire,
and other public safety service and protection, or limit, restrict, or
interfere with the jurisdiction of or the performance of duties by the
existing police, fire, and other public safety agencies.
H. R. 8719-2
"(b) Except as otherwise provided in this section, a member of
the Metro Transit Police shall have the same powers, including the
power of arrest, and shall be subject to the same limitations, including
regulatory limitations, in the performance of his duties as a member
of the duly constituted police force of the political subdivision in
which the Metro Transit Police member is engaged in the perform-
ance of his duties. However, a member of the Metro Transit Police
is authorized to carry and use only such weapons, including hand-
guns, as are issued by the Authority, and only in the performance of
his duties or while on the transit facilities owned, controlled, or oper-
ated by the Authority in direct transit to and from a duty assignment.
A member of the Metro Transit Police is authorized to carry such
weapons only while in direct transit to and from a duty assignment
and is subject to such additional limitations in the use of weapons
as are imposed on the duly constituted police force for the political
subdivision in which he is engaged in the performance of his duties.
"(c) Members of the Metro Transit Police shall have power to
execute on the transit facilities owned, controlled, or operated by the
Authority any traffic citation or any criminal process issued by any
court of any signatory or of any political subdivision of a signatory,
for any felony, misdemeanor, or other offense against the laws, ordi-
nances, rules, or regulations specified in subsection (a). However, with
respect to offenses committed upon, to, or against the transit facilities
owned, controlled, or operated by the Authority, the Metro Transit
Police shall have power, except in the State of Maryland, to execute
criminal process within the Transit Zone.
(d) Upon the apprehension or arrest of any person by a member
of the Metro Transit Police pursuant to the provisions of subsection
(b), the officer, as required by the law of the place of apprehension
or arrest, shall either issue a summons or a citation against the
person, book the person, or deliver the person to the duly constituted
police or judicial officer of the signatory or political subdivision where
the apprehension or arrest is made, for disposition as required by law.
'(e) The Authority shall have the power to adopt rules and regula-
tions for the safe, convenient, and orderly use of the transit facilities
owned, controlled, or operated by the Authority, including the pay-
ment and the manner of the payment of fares or charges therefor,
the protection of the transit facilities, the control of traffic and park-
ing upon the transit facilities, and the safety and protection of the
riding public. In the event that any such rules and regulations con-
travene the laws, ordinances, rules, or regulations of a signatory or
any political subdivision thereof which are existing or subsequently
enacted, these laws, ordinances, rules, or regulations of the signatory
or the political subdivision shall apply and the conflicting rule or
regulation, or portion thereof, of the Authority shall be void within
the jurisdiction of that signatory or political subdivision. In all other
respects the rules and regulations of the Authority shall be uniform
throughout the Transit Zone. The rules and regulations established
under this subsection shall be adopted and published in accordance
with all standards of due process, including, but not limited to, the
publishing or otherwise circulating of a notice of the intended action
of the Authority and the affording to interested persons the oppor-
tunity to submit data or views orally or in writing, and the holding
of a public hearing. Any person violating any rule or regulation of the
Authority shall, upon conviction by a court of competent jurisdiction,
pay a fine of not more than $250 and costs.
H. R. 8719-3
"(f) With respect to members of the Metro Transit Police, the
Authority shall-
"(1) establish classifications based on the nature and scope of
duties, and fix and provide for their qualifications, appointment,
removal, tenure, term, compensation, pension, and retirement
benefits;
"(2) provide for their training and for this purpose, the
Authority may enter into contracts or agreements with any public
or private organization engaged in police training, and this train-
ing and the qualifications of the uniformed and plainclothes per-
sonnel shall at least equal the requirements of each signatory and
of the political subdivisions therein in the Transit Zone for their
personnel performing comparable duties; and
"(3) prescribe distinctive uniforms to be worn.
"(g) The Authority shall have the power to enter into agreements
with the signatories, the political subdivisions thereof in the Transit
Zone, and public safety agencies located therein, including those of
the Federal Government, for the delineation of the functions and
responsibilities of the Metro Transit Police and the duly constituted
police, fire, and other public safety agencies, and for mutual assistance.
"(h) Before entering upon the duties of office, each member of the
Metro Transit Police shall take or subscribe to an oath or affirmation,
before a person authorized to administer oaths, faithfully to perform
the duties of that office.".
SEC. 2. The Mayor of the District of Columbia is authorized and
directed to enter into and execute on behalf of the District of Columbia
amendments, substantially as set forth in the first section of this Act,
to title III of the Washington Metropolitan Area Transit Regulation
Compact with the State of Maryland and the Commonwealth of Vir-
ginia, which amendments shall become effective immediately upon
execution of same.
SEC. 3. (a) Subchapter II of chapter 9 of title 11 of the District
of Columbia Code is amended by adding at the end thereof the follow-
ing new section:
"§ 11-924. Jurisdiction with respect to violations of the Rules and
Regulations of the Washington Metropolitan Area
Transit Authority
"The Superior Court has jurisdiction with respect to any violation,
committed in the District of Columbia, of the rules and regulations
adopted by the Washington Metropolitan Area Transit Authority
under section 76(e) of title III of the Washington Metropolitan Area
Transit Regulation Compact.".
(b) The chapter analysis for such chapter 9 is amended by insert-
ing immediately after the item relating to section 11-923 the following
new item:
"11-924. Jurisdiction with Respect to Violations of the Rules and Regulations of
the Washington Metropolitan Area Transit Authority.".
H. R. 8719-4
SEC. 4. The Council of the District of Columbia shall have authority
to enact any act adopting on behalf of the District of Columbia
amendments to the Washington Metropolitan Area Transit Regula-
tion Compact, but in no case shall any such amendment become effec-
tive until after it has been approved by Congress.
SEC. 5. The right of Congress to alter, amend, or repeal this Act
is hereby expressly reserved.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
May 24, 1976
Dear Mr. Director:
The following bills were received at the White
House on May 24th:
8. 2129
6. 2498
8. 3399
>
Please let the President have reports and
recommendations as to the approval of these
bills as soon as possible.
Sincerely,
Robert D. Linder
Chief Executive Clerk
The Honorable James T. Lynn
Director
Office of Management and Budget
Washington, D.C.