[House Report 105-396]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    105-396
_______________________________________________________________________


 
    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
                                _______
                                

  November 8, 1997.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

Mr. Gekas, from the Committee on the Judiciary, submitted the following

                              R E P O R T

                      [To accompany H.J. Res. 96]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred 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, 
having considered the same, report favorably thereon without 
amendment and recommend that the joint resolution do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Vote of the Committee............................................     3
Committee Oversight Findings.....................................     3
Committee on Government Reform and Oversight Findings............     3
New Budget Authority and Tax Expenditures........................     3
Congressional Budget Office Cost Estimate........................     3
Constitutional Authority Statement...............................     4
Section-by-Section Analysis and Discussion.......................     4
Agency Views.....................................................     5

                          Purpose and Summary

    H.J. Res. 96 grants the consent of Congress to amendments 
adopted by the State of Maryland, Commonwealth of Virginia and 
District of Columbia to the Washington Metropolitan Area 
Transit Regulation Compact. The amendments include: changes to 
requirements concerning public hearings consistent with federal 
regulations governing other transit agencies; permitting off-
duty transit police to carry Authority issued weapons subject 
to restrictions imposed on police officers by each 
jurisdiction; and clarification of the process by which certain 
WMATA regulations are adopted.

                Background and Need for the Legislation

    Article I, section 10, clause 3 of the United States 
Constitution provides that: ``No State shall without the 
Consent of Congress * * * enter into any Agreement or Compact 
with another State, or with a foreign power * * *'' 
Congressional consent is required for such agreements and 
compacts in order to determine whether they work to the 
detriment of another state and to ensure that they do not 
conflict with Federal law or Federal interests.
    The Washington Metropolitan Area Transit Authority (WMATA) 
was created in 1967 by compact between Maryland, Virginia and 
the District of Columbia with Congressional consent. The 
Authority was established to plan, finance, construct and 
operate a comprehensive public transit system for metropolitan 
Washington. In addition to a subway system connecting the three 
jurisdictions, WMATA administers an extensive surface 
transportation system throughout the area. Since its inception, 
the compact has been amended five times.1
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    \1\ The amendments proposed for Congressional approval in H.J. Res. 
96 were ratified by legislative bodies of the District of Columbia, 
Maryland and Virginia. (1996 D.C. Act 11-253; 1997 Md. Laws Ch. 91; and 
1995 Va. Acts Ch. 150.)
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    Authorization to create the Metro Transit Police Department 
was signed into law in 1976 by the President. Sworn members, of 
which there are now nearly 300, possess law enforcement 
authority across the three jurisdictions with responsibility 
for public safety and security on Metro transit facilities. 
Over the past three years, transit officers have reportedly 
issued 12,197 criminal citations and arrested 3,623 individuals 
for various violations.2
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    \2\ Washington Metropolitan Area Transit Authority: Hearing on H.J. 
Res. 96 Before the Subcommittee on Commercial and Administrative Law of 
the House Committee on the Judiciary, 105th Cong. 1st Sess. (1997) 
(statement of Jack Evans, chairman of the Board of Directors of the 
Washington Metropolitan Area Transit Authority).
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                                Hearings

    The Committee's Subcommittee on Commercial and 
Administrative Law held a hearing on H.R. 96 on Thursday, 
October 23, 1997. Testimony was received from Representative 
Thomas M. Davis (VA), and Jack Evans, Chairman of the Board of 
Directors, WMATA, accompanied by Chief Barry J. McDevitt, 
WMATA.

                        Committee Consideration

    On October 23, 1997, the Subcommittee on Commercial and 
Administrative Law met in open session and ordered reported the 
bill H.J. Res. 96 by voice vote, a quorum being present. On 
October 23, 1997, the Committee met in open session and ordered 
reported favorably the bill H.J. Res 96 without amendment by 
voice vote, a quorum being present.

                         Vote of the Committee

    No recorded votes were taken.

                      Committee Oversight Findings

    In compliance with clause 2(l)(3)(A) of rule XI of the 
Rules of the House of Representatives, the Committee reports 
that the findings and recommendations of the Committee, based 
on oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

         Committee on Government Reform and Oversight Findings

    No findings or recommendations of the Committee on 
Government Reform and Oversight were received as referred to in 
clause 2(l)(3)(D) of rule XI of the Rules of the House of 
Representatives.

               New Budget Authority and Tax Expenditures

    Clause 2(l)(3)(B) of House Rule XI is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 2(l)(3)(C) of rule XI of the 
Rules of the House of Representatives, the Committee sets 
forth, with respect to the joint resolution, H.J. Res. 96, the 
following estimate and comparison prepared by the Director of 
the Congressional Budget Office under section 403 of the 
Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 30, 1997.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear. Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.J. Res. 96, a joint 
resolution 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.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susanne S. 
Mehlman.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).
    Enclosure.

H.J. Res. 96.--A joint resolution granting 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

    CBO estimates that enacting H.J. Res. 96 would result in no 
cost to the federal government. Because enactment of H.J. Res. 
96 would not affect direct spending or receipts, pay-as-you-go 
procedures would not apply. The resolution contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act of 1995, and any costs resulting 
from amendments to the compact would be borne voluntarily by 
the affected Washington Metropolitan Area Transit Authority 
(WMATA).
    H.J. Res. 96 would give Congressional consent to several 
amendments to the Washington Metropolitan Area Transit 
Regulation Compact. The first amendment would eliminate the 
need for the WMATA to hold public hearings on minor service 
changes. The second amendment would permit off-duty transit 
police to carry weapons subject to restrictions imposed on 
police officers by each jurisdiction. The final amendment would 
clarify the process by which certain WMATA regulations are 
established.
    The CBO staff contact for this estimate is Susanne S. 
Mehlman. This estimate was approved by Robert A. Sunshine, 
Deputy Assistant Director for Budget Analysis.

                   Constitutional Authority Statement

    Pursuant to rule XI, clause 2(l)(4) of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in Article I, section 10, clause 3 of the 
Constitution.

                      Section-By-Section Analysis

    H.J. Res. 96 grants the consent of Congress to amendments 
adopted by Maryland, Virginia and the District of Columbia to 
the Washington Metropolitan Area Transit Regulation Compact.
    Paragraph (1) of the joint resolution contains an amendment 
to Section 62(a) of the Compact providing that the WMATA Board 
may not raise any fare or rate, nor implement a major service 
reduction, without having held a public hearing with respect 
thereto. Currently, public hearings are required before the 
Board can ``make or change any fare or rate'' or ``establish or 
abandon any service'', with certain stated exceptions relating 
to minor, emergency and temporary service changes. The 
amendment makes the public hearing requirements more flexible 
and brings the authority into conformance with Federal Transit 
Administration guidance.3
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    \3\ Federal Transit Administration fare and service charge 
regulations contained at 49 C.F.R. Sec. Sec. 635.7, 635.9 acknowledge 
it is reasonable to require a forum for public comment only when a 
transit operator proposes to raise fares or to implement a major 
reduction in service.
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    Paragraph (2) amends Section 62(c) of the Compact to 
require the Board to give at least fifteen days' notice for all 
public hearings. Currently, the Board is required to give 30 
days' notice which must be posted, among other places, in all 
WMATA offices, stations, terminals, vehicles and rolling stock 
in revenue service. The posting requirement for these latter 
locations is deleted and instead the Board is permitted to 
provide for physical posting by regulation.
    Paragraph (3) amends Section 76(b) to permit a member of 
the Metro Transit Police while off-duty to carry and use such 
weapons, including handguns, that are issued by the Authority. 
A member of the Metro Transit Police is, however, 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. Currently, members of the Metro Transit Police who are 
not on duty are permitted to carry Authority issued weapons 
only while in transit to and from their duty assignment. This 
change would conform WMATA's off-duty weapons policy with that 
in force among police in the region.
    Paragraph (4) amends Section 76(c) of the Compact to make 
minor modifications in how proposed rules and regulations are 
adopted by the Authority, providing that such rules and 
regulations shall be adopted following public hearings held in 
accordance with Sections 62(c) and (d) of the Compact. The 
final regulation is to be published in a newspaper of general 
circulation within the Compact zone at least 15 days prior to 
its effective date.

                              Agency Views

    No agency views were received on H.J. Res. 96.

                                
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