[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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