[Congressional Record Volume 143, Number 159 (Wednesday, November 12, 1997)]
[House]
[Pages H10665-H10667]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   GRANTING CONSENT AND APPROVAL OF CONGRESS FOR STATE OF MARYLAND, 
COMMONWEALTH OF VIRGINIA, AND DISTRICT OF COLUMBIA TO AMEND WASHINGTON 
              METROPOLITAN AREA TRANSIT REGULATION COMPACT

  Mr. GEKAS. Mr. Speaker, I move to suspend the rules and pass the 
joint resolution (H.J. Res. 96) granting the consent and approval of 
Congress for the State of Maryland, the Commonwealth of Virginia, and 
the District of Columbia to amend the Washington Metropolitan Area 
Transit Regulation Compact.
  The Clerk read as follows:

                              H.J. Res. 96

       Whereas the State of Maryland, the Commonwealth of 
     Virginia, and the District of Columbia have adopted 
     amendments to the Washington Metropolitan Area Transit 
     Regulation Compact relating to public hearing requirements 
     and empowering transit police officers to carry weapons 
     issued by WMATA while in an off-duty status, consistent with 
     limitations imposed by the applicable political subdivision; 
     and
       Whereas the Congress has reviewed such amendments and is 
     willing to consent to such amendments: Now therefore, be it
       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled, That consent 
     of Congress is hereby given to the amendments of the State of 
     Maryland (Chapter 489, 1996 Laws of the Maryland General 
     Assembly and Chapter 91 and 699, 1997 Laws of the Maryland 
     General Assembly), the amendments of the Commonwealth of 
     Virginia (Chapter 150, 1995 Acts of Assembly of Virginia), 
     and the amendments of the District of Columbia (D.C. Law 11-
     443) to sections 62 and 76 of title III of the Washington 
     Metropolitan Area Transit Regulation Compact. Such amendments 
     are as follows:
       (1) Section 62(a) is amended to read as follows:
       ``(a) The Board shall not raise any fare or rate, nor 
     implement a major service reduction, except after holding a 
     public hearing with respect thereto.''.
       (2) Section 62(c) is amended to read as follows:
       ``(c) The Board shall give at least fifteen days' notice 
     for all public hearings. The notice shall be given by 
     publication in a newspaper of daily circulation throughout 
     the Transit Zone and such notice shall be published once a 
     week for two successive weeks. The notice period shall start 
     with the first day of publication. Notices of public hearings 
     shall be posted in accordance with regulations promulgated by 
     the Board.''.
       (3) Section 76(b) is amended to read as follows:
       ``(b) 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 performance of his duties. A member of the 
     Metro Transit Police is authorized to carry and use only such 
     weapons, including handguns, as are issued by the Authority. 
     A member of the Metro Transit Police 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.''.
       (4) Section 76(e) is amended to read as follows:
       ``(e) The Authority shall have the power to adopt rules and 
     regulations for the safe, convenient, and orderly use of the 
     transit facilities owned, controlled, or operated by the 
     Authority, including the payment and the manner of the 
     payment of fares or charges therefor, the protection of the 
     transit facilities, the control of traffic and parking upon 
     the transit facilities, and the safety and protection of the 
     riding public. In the event that any such rules and 
     regulations contravene 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 or regulations established under this 
     subsection shall be adopted by the Board following public 
     hearings held in accordance with section 62(c) and (d) of 
     this Compact. The final regulation shall be published in a 
     newspaper of general circulation within the Zone at least 15 
     days before its effective date. Any person violating any rule 
     or regulation of the Authority shall be subject to arrest 
     and, upon conviction by a court of competent jurisdiction, 
     shall pay a fine of not more than two hundred fifty dollars 
     ($250) and costs. Criminal violations of any rule or 
     regulation of

[[Page H10666]]

     the Authority shall be prosecuted by the signatory or 
     political subdivision in which the violation occurred, in the 
     same manner by which violations of law, ordinances, rules, 
     and regulations of the signatory or political subdivisions 
     are prosecuted.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania {Mr. Gekas] and the gentleman from New York [Mr. Nadler] 
each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania [Mr. Gekas].


                             General Leave

  Mr. GEKAS. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks on 
this joint resolution.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.
  Mr. GEKAS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I urge adoption of H.J. Res. 96. Just as in the previous 
case, this is to consider a compact in time among the entities of 
Maryland, Virginia, and the District of Columbia as it pertains to 
agreements reached by those entities with respect to the Washington 
Metropolitan Area Transit Regulation Compact.
  Each one of these entities is a signatory, and by reason of the 
Constitution, the Congress has to approve the agreements that have been 
reached. This compact, adopted in 1967, created the Washington 
Metropolitan Area Transit Authority to plan, finance, construct and 
operate a comprehensive public transit system for metropolitan 
Washington D.C. In addition to a subway system connecting the three 
jurisdictions, WMATA administers an extensive surface transportation 
network throughout the area.
  The Metro Transit Police Department, established in 1976, now numbers 
300 sworn members with responsibility for public safety and security on 
Metro transit facilities. The chairman of WMATA's board of directors, 
Mr. Jack Evans, gave us some idea of the considerable nature of the 
department's workload in testimony before the subcommittee when he 
noted that in the last 3 years, transit officers had issued 12,197 
criminal citations and arrested 3,623 individuals for various 
violations.
  As noted, the amendments have already been agreed to by the three 
jurisdictions who are signatories to the compact. The first amendment 
modifies the public hearing process relating to fare increases and 
changes in service to bring it into conformity with other transit 
properties that follow Federal Transit Administration guidance. Under 
the amendment, the Authority will continue to be required to hold 
public hearings on proposals to raise fares or to implement major 
service reductions. The amendment would eliminate the need for public 
hearings for minor service changes and thus give the Authority more 
flexibility to respond quickly to ridership needs. Fifteen days' notice 
would be required for public hearings, with newspaper publication still 
required, but other required manner of posting such notice to be 
established by regulation.
  The second amendment removes language from the compact restricting 
WMATA Metro Transit Police to carrying service weapons while on duty or 
in direct transit to and from duty assignment. The amendment would 
allow transit police to join other State and local area police officers 
who are authorized to carry weapons during off-duty hours. They will, 
however, continue to be subject to any additional restrictions with 
respect to use of weapons as imposed on the duly constituted police for 
the political subdivision in which they are engaged for performance of 
their duties. Transit police will be allowed possession of an 
Authority-issued weapon only.
  The final amendment merely clarifies the process by which certain 
WMATA regulations are established, setting out the responsibility of 
the board to hold public hearings and to publish adopted regulations 
for conduct on its property at least 15 days before the effective date 
of such regulations.
  Mr. Speaker, I know of no controversy associated with this joint 
resolution, and I urge its adoption by the House.
  Mr. Speaker, I reserve the balance of my time.
  Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. NADLER asked and was given permission to revise and extend his 
remarks.)
  Mr. NADLER. Mr. Speaker, like the last resolution, this resolution 
gives the consent of Congress to the changes in a local compact, in 
this case the Washington Metro compact agreed to by Maryland, Virginia, 
and the District of Columbia; provides for a number of different 
changes, and the changes have been approved by all three jurisdictions.
  Currently, the Metro Transit Police is the only local police force in 
the tri-State area not authorized to carry either their own weapons or 
another approved weapon except while on duty. Two jurisdictions, the 
Metropolitan Police and the Prince George's County Police, require 
police to carry their firearms when not on duty. The U.S. Park Police 
and U.S. Capitol Police have the option of carrying a firearm when not 
on duty.
  The current compact allows Metro Transit Police officers to carry 
their service firearms only while on duty in the system and in direct 
transit to and from work. The change that we are proposing here would 
allow the officer to carry the service-issued firearm while off duty, 
subject to the restrictions placed on local police forces in each 
jurisdiction while the officer is in that jurisdiction.
  A second change would require a public hearing only to raise a fare 
or rate or to make a major service reduction. The current compact 
requires there be a public hearing for any fare change, even presumably 
a reduction in the fare, or for the establishment or abandonment of any 
service, no matter how minor, with few exceptions.
  The notice period for a public hearing is reduced herein from 30 to 
15 days, and the requirement that notices be posted in Authority 
offices, stations, and rolling stock is eliminated. The requirement is 
retained that the notice be published in a newspaper of general 
circulation at least once a week for 2 weeks, and further, as the Board 
may prescribe through regulations.
  Finally, the changes provide that criminal violations of any rule or 
regulation of the Metro shall be prosecuted in accordance with the laws 
of the jurisdiction in which the violation occurred.
  Mr. Speaker, one or two of the changes gives some pause to me, and if 
this were proposed for the New York City system, I am not so sure I 
would support it. But since I believe that Congress ought to allow, 
when there is unanimous agreement among local jurisdictions, two States 
and the District of Columbia, we should defer to their wisdom. I urge 
the adoption of this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GEKAS. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Virginia [Mr. Davis], who has been of immense help in 
producing this moment.
  Mr. DAVIS of Virginia. Mr. Speaker, I appreciate my friend the 
gentleman from Pennsylvania [Mr. Gekas] for yielding me the time, and I 
appreciate his efforts to move this to the floor before adjournment.
  Mr. Speaker, I rise today in support of the proposed amendments to 
the Washington Metropolitan Area Transit Authority, WMATA, Interstate 
Compact. The amendments under consideration have been enacted by all 
signatories of the WMATA compact, Virginia, Maryland and District of 
Columbia. The Bipartisan Area Delegation is seeking congressional 
consent to the proposed amendments, which passed the Committee on the 
Judiciary by voice vote earlier this year.
  The amendments would allow the Authority to conduct its business more 
efficiently and effectively. This is an effort to streamline the 
Authority's practices and to provide for an enhanced level of 
protection for the Transit Authority's police officers. The amendments 
will both protect the public right to have input in the region's 
transit decision-making process as well as enhance the public safety 
throughout the region.
  To be more specific, the first amendment modifies the Authority's 
current public hearing process relating to fare increases and changes 
in transit service. The proposal will bring the Authority into 
conformity with other transit properties that follow Federal

[[Page H10667]]

public hearing standards that have been in place since 1982. Currently 
the Authority's public hearing practices are far broader than Federal 
guidelines and inhibits the ability of the Transit Authority to respond 
to market changes in an efficient businesslike manner.
  Under the proposed amendments, the Authority will continue to be 
required to hold public hearings on proposals to raise fares or 
implement major service reductions. However, the Authority will not be 
required to hold public hearings for minor service changes, thus 
enabling WMATA to adjust to the needs of the riding public in a quick 
fashion.
  The other major change to the WMATA compact is removal of compact 
language that currently limits WMATA's transit police to carrying their 
service weapon only when they are on duty or in direct transit to and 
from duty assignments. Consent to the proposal will allow the transit 
police to join every other police force in the region, including the 
Capitol Hill police, in authorizing its officers to carry weapons 
during off-duty hours.
  As the former chairman of the Fairfax County Board of Supervisors, I 
can tell my colleagues that the transit police are among the best-
trained forces in the region. They deserve to have the ability to 
defend themselves during off-duty hours. It is an unfortunate reality 
that the transit police are also dealing with a violence-prone criminal 
element who sometimes seek revenge after they have been apprehended. We 
need to respect the transit police, authorize them to carry their 
weapons that they have been trained to use, and trust that the 
extensive training that the transit police receive will serve them well 
if they are confronted during off-duty hours.
  These amendments are important to the daily workings of the 
Washington Metropolitan Transit Authority and the safety of its police 
officers. I urge my colleagues to support this consent resolution.
  Mr. GEKAS. Mr. Speaker, I reserve the balance of my time.
  Mr. NADLER. Mr. Speaker, I yield 2 minutes to the gentleman from 
Virginia [Mr. Moran].
  Mr. MORAN of Virginia. Mr. Speaker, the gentleman from Pennsylvania 
[Mr. Gekas], the gentleman from New York [Mr. Nadler], as well as the 
distinguished gentleman from Virginia [Mr. Davis], who just spoke, have 
adequately described what this bill will do. So out of consideration 
for the pressing time demands of the gentleman from Pennsylvania [Mr. 
Murtha], I will keep my remarks as brief as possible.
  I will only say that this is a common-sense bill that will save time 
and money. It will improve customer service and security for those who 
use the Washington Metropolitan Transit system. I commend the gentleman 
from Virginia [Mr. Davis] for getting it on the consent calendar. I 
urge all of my colleagues to pass it unanimously.
  Mr. GEKAS. Mr. Speaker, I yield back the balance of my time.
  Mr. NADLER. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
the District of Columbia [Ms. Norton].
  Ms. NORTON. Mr. Speaker, I thank the gentleman from New York [Mr. 
Nadler] for yielding me the time.
  I thank the gentleman from Pennsylvania [Mr. Gekas] and the gentleman 
from New York [Mr. Nadler] for the way in which they have expeditiously 
moved this bill forward. I thank the gentleman from Virginia [Mr. 
Davis] for his bill.
  The streamline procedures which this bill would provide are precisely 
the way to improve the efficiency of this vital regional facility. The 
provision that would allow Metro Transit officers to carry their 
weapons while off duty is a common-sense use to correct what is surely 
a waste of skilled person power when these officers are not allowed to 
carry their weapons with them off duty.
  My own D.C. coordination bill would seek to in many ways do the same 
thing for other Federal officers. This is a high-efficiency bill. I 
urge all of my colleagues to support it.
  Mr. NADLER. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Pennsylvania [Mr. Gekas] that the House suspend the 
rules and pass the joint resolution, H.J. Res. 96.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the joint resolution was passed.
  A motion to reconsider was laid on the table.

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