Narrative:

Approaching balance VOR; traffic was pointed out to us; 'traffic; a C208 orbiting just south of balance; VFR at 9500 ft.' I replied we'll be looking. Did not see the target visually; but noted the TCAS return of -05. As we crossed the VOR; the controller gave us an update on the traffic's position; and at about that same time the target went to -04 and the TCAS gave us an RA to 'climb climb.' I reported that to the controller. We then saw the traffic pass under us; and then returned to 10000 ft; also informing the controller. Maximum altitude was approximately 10300 ft to 10400 ft. In my opinion; the VFR traffic was in the tops of the clouds when we saw it: 1) not maintaining standard cloud separation; as there were numerous tcu's around balance at the time. 2) not the most safe situation to allow a VFR to orbit over one of the busiest feeder fixes into dca; even though it may have been an aircraft associated with law enforcement.

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Original NASA ASRS Text

Title: A319 CAPTAIN REPORTS CONFLICT WITH VFR C208 OVER BAL VOR. ALTHOUGH ADVISED OF TRAFFIC BY ATC; A TCAS RA WAS RECEIVED AND ACTED UPON.

Narrative: APCHING BAL VOR; TFC WAS POINTED OUT TO US; 'TFC; A C208 ORBITING JUST S OF BAL; VFR AT 9500 FT.' I REPLIED WE'LL BE LOOKING. DID NOT SEE THE TARGET VISUALLY; BUT NOTED THE TCAS RETURN OF -05. AS WE CROSSED THE VOR; THE CTLR GAVE US AN UPDATE ON THE TFC'S POS; AND AT ABOUT THAT SAME TIME THE TARGET WENT TO -04 AND THE TCAS GAVE US AN RA TO 'CLB CLB.' I RPTED THAT TO THE CTLR. WE THEN SAW THE TFC PASS UNDER US; AND THEN RETURNED TO 10000 FT; ALSO INFORMING THE CTLR. MAX ALT WAS APPROX 10300 FT TO 10400 FT. IN MY OPINION; THE VFR TFC WAS IN THE TOPS OF THE CLOUDS WHEN WE SAW IT: 1) NOT MAINTAINING STANDARD CLOUD SEPARATION; AS THERE WERE NUMEROUS TCU'S AROUND BAL AT THE TIME. 2) NOT THE MOST SAFE SITUATION TO ALLOW A VFR TO ORBIT OVER ONE OF THE BUSIEST FEEDER FIXES INTO DCA; EVEN THOUGH IT MAY HAVE BEEN AN ACFT ASSOCIATED WITH LAW ENFORCEMENT.

Data retrieved from NASA's ASRS site as of May 2009 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.