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H.R. 8719 (94th): A 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 text of the bill below is as of Jun 4, 1976 (Passed Congress).


90 STAT. 672                       PUBLIC LAW 94-306—JUNE 4, 1976

                 Public Law 94-306
                 94th Congress
                                                  An Act
  June 4, 1976   To provide for an amendment to the Washington Metropolitan Area Transit
   [H.R. 8719]     Regulation Compact to provide for the protection of the patrons, personnel,
                   and property of the Washington Metropolitan Area Transit Authority.

                    Be it enacted hy the Senate and House of Representatwes of the
D.C.             United States of America in Congress assembled, That the Congress
Washington       hereby consents to, and adopts and enacts for the District of Columbia,
Metropolitan     amendments to articles I and X V I of title I I I of the Washington
Area Transit     Metropolitan Area Transit Kegulation Compact (D.C, Code, sec.
Regulation
Compact,         1-1431 note) as follows, which amendments have been adopted sub-
amendments.      stantially by the Commonwealth of Virginia and the State of
D.C. Code        Maryland:
1-1431C.            (1) Section 1(g) of article I is amended by striking "and" at the
                 end thereof.
"Transit Zone'      (2) Section 1(h) of article I is amended to read as follows:
or "Zone."          "(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 83(a);
                 and".
'WMATC."            (3) Section 1 of article I is amended by adding at the end thereof
                 the following:
                    "(i) 'WMATC means Washington Metropolitan Area Transit
                 Commission.".
Metro Transit       (4) Section 76 of article XVI is amended to read as follows:
Police.             "76. (a) The Authority is authorized to establish and maintain a
Establishment.   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
Jurisdiction.    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.

PUBLIC LAW 94-306—JUNE 4, 1976 90 STAT. 673 "(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 Avhich he is engaged in the performance of his duties. "(c) Members of the Metro Transit Police shall have power to Traffic citation or execute on the transit facilities owned, controlled, or operated by the criminal process. 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 Summons. 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- Rules and tions for the safe, convenient, and orderly use of the transit facilities regulations. 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 Notice and under this subsection shall be adopted and published in accordance hearing. 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 Violation, Authority shall, upon conviction by a court of competent jurisdiction, penalty. pay a fine of not more than $250 and costs.
90 STAT. 674 PUBLIC LAW 94-306—JUNE 4, 1976 "(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. Agreements. "(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. Oaths. "(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.". D.C. Code SEC. 2. The Mayor of the District of Columbia is authorized and 1-1431C. 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 I I I 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 I I 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: D.C. Code "§ 11-924. Jurisdiction with respect to violations of the Rules and 11-924. 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 I I I of the Washington Metropolitan Area Ante, p. 672. 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.".
PUBLIC LAW 94-306—JUNE 4, 1976 90 STAT. 675 SEC, 4. The Council of the District of Columbia shall have authority D.C. Code to enact any act adopting on behalf of the District of Columbia 1-1431-1, 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 D.C. Code is hereby expressly reserved, 1-143Ic note. Approved June 4, 1976, LEGISLATIVE HISTORY: HOUSE REPORT No. 94-379 (Comm. on the District of Columbia). SENATE REPORT No. 94-832 (Comm. on the District of Columbia). CONGRESSIONAL RECORD: Vol. 121 (1975): July 28, considered and passed House. • Vol. 122 (1976): May 18, considered and passed Senate, amended. May 24, House concurred in Senate amendment.