01
Background
What Section 740 did.
Section 740 of the Home Rule Act lets the President direct MPD to enforce federal law during a declared emergency. In 2025 the administration invoked it for the first time, placing MPD under federal operational command.
"The Home Rule Act was a hard-fought transfer of power from Congress to the People of the District. The Council can take immediate steps to protect that transfer from a future federal requisition."Capital Rights Lab testimony · March 9, 2026
02
Recommendations
Two steps the Council can take now.
1
Firewall MPD's civilian intelligence infrastructure
Transfer MPD's civilian intelligence, data, and technology functions to DCHSEMA. A Section 740 requisition reaches police officers — not civilian analysts, databases, or surveillance systems.
2
Pre-negotiate regional mutual aid and continuity
Enter mutual-aid agreements with Maryland, Virginia, and municipal partners before the next emergency. A federal requisition cannot commandeer an officer employed by another jurisdiction.
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