I
111th CONGRESS
1st Session
H. R. 4207
IN THE HOUSE OF REPRESENTATIVES
December 3, 2009
Ms. Norton introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the Committees on Transportation and Infrastructure, Natural Resources, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To authorize improvements in the operation of the government of the District of Columbia, and for other purposes.
Short Title
This Act may be cited as the
2009 District of Columbia Omnibus
Authorization Act
.
Permitting Advertising and Sale of Lottery Tickets Within Certain Areas and Sale of Tickets by Blind Vendors Within Federal Enclave
In General
The paragraph under the heading Lottery and
Charitable Games Enterprise Fund
in the District of Columbia
Appropriation Act, 1982 (Public Law 97–91; 95 Stat. 1174), as amended by
section 134(a)(1) of the District of Columbia Appropriations Act, 1990 (Public
Law 101–168; 103 Stat. 1282), is amended by striking the 10th proviso.
Effective Date
The amendment made by subsection (a) shall take effect on the date of the enactment of this Act.
Permanent Extension of Certain Authorities for Use of Local Funds
Increases Attributable to Unanticipated Growth of Revenue Collections
Section 446A(c) of the District of Columbia
Home Rule Act (sec. 1—204.46A(c), D.C. Official Code) is amended by striking
fiscal years 2006 through 2007
and inserting fiscal year
2006 and each succeeding fiscal year
.
Allocation of Reserve Funds for Cash Flow Management Purposes
Section 450A(c)(4) of such Act (sec.
1—204.50A(c)(4), D.C. Official Code) is amended by striking fiscal years
2006 through 2007
and inserting fiscal year 2006 and each
succeeding fiscal year
.
Effective Date
The amendments made by this section shall take effect as if included in the enactment of the 2005 District of Columbia Omnibus Authorization Act.
Promoting Development of Southwest Waterfront
Updated Description of Property
Section 1 of the Act entitled An Act
to authorize the Commissioners of the District of Columbia on behalf of the
United States to transfer from the United States to the District of Columbia
Redevelopment Land Agency title to certain real property in said
District
, approved September 8, 1960 (sec. 6—321.01, D.C. Official
Code), is amended by striking all that follows the colon and inserting the
following: The property the legal description of which is the Southwest
Waterfront Project Site (dated October 8, 2009) under Exhibit A of the document
titled
.Intent to Clarify the Legal Description in Furtherance of Land
Disposition Agreement
, as filed with the Recorder of Deeds on October
27, 2009 as Instrument Number 2009116776.
Clarification of Method of Transfer
Section 1 of such Act (sec. 6—321.01, D.C.
Official Code) is amended by inserting by one or more quitclaim
deeds
immediately after to transfer
.
Clarification of Relation to Master Development Plan
Section 2 of such Act (sec.
6—321.02, D.C. Official Code) is amended by striking urban renewal
plan
and inserting master plan
.
Expanding Permitted Dispositions and Uses of Certain Property
Section 4 of such Act (sec. 6—321.04, D.C. Official Code) is amended to read as follows:
The Agency is hereby authorized, in accordance with the District of Columbia Redevelopment Act of 1945 and section 1, to lease or sell to a redevelopment company or other lessee or purchaser such real property as may be transferred to the Agency under the authority of this Act.
.
Repeal of Reversion
Repeal
Section 5 of such Act (sec. 6—321.05, D.C. Official Code) is repealed.
Conforming amendment
Section 3 of such Act (sec. 6—321.03, D.C. Official
Code) is amended by striking Subject to the provisions of section 5 of
this Act, the
and inserting The
.
Clarification of Role of District of Columbia as Successor in Interest
Section 8
of such Act (sec. 6—321.08, D.C. Official Code) is amended by striking the
period at the end and inserting the following: , except that any
reference to the
.Agency
shall be deemed to be a reference to the
District of Columbia as the successor in interest to the
Agency.
Permitting Construction of Buildings and Facilities on Certain Federal Lands in District of Columbia
Section 8106 of title 40, United States Code, shall not apply with respect to the following properties:
Fort Dupont Park (United States Reservation 405).
Benning Stoddert Park, including the Benning Recreation Center (United States Reservation 706).
Walter Reed Army Medical Center (Parcel 319).
Transfer of Certain Properties
National Park Service Properties
Not later than 90 days after the date of the enactment of this Act, the Director of the National Park Service shall transfer to the District of Columbia by quitclaim deed all right, title, and interest of the United States to the following properties in the District of Columbia:
Square 336, Lot 828, as shown on Assessment and Taxation Plat 3761–Y among the records of the Surveyor of the District of Columbia (Shaw Junior High School recreation fields).
Square 542, Lot 85, as referenced on page 104 of Subdivision Book 141 and shown on Map 8634 among the records of the Surveyor of the District of Columbia (Southwest Library).
Square 2864, Lot 830, as shown on Assessment and Taxation Plat 3495–G among the records of the Surveyor of the District of Columbia (Meyer Elementary School).
Reservation 277–A, as shown on page 4 of Subdivision Book 134 among the records of the Surveyor of the District of Columbia.
Other Interior Properties
Not later than 90 days after the date of the enactment of this Act, the Secretary of the Interior shall transfer to the District of Columbia by quitclaim deed all right, title, and interest of the United States to the following properties in the District of Columbia:
Square 2558, Lot 803, as shown on Assessment and Taxation Plat 65 among the records of the Surveyor of the District of Columbia (a portion of the Marie H. Reed Community Learning Center).
Square 2558, Lot 810, as shown on Assessment and Taxation Plat 65 among the records of the Surveyor of the District of Columbia (a portion of the Marie H. Reed Community Learning Center).
Exemption of Income Earned on District of Columbia Notes and Obligations From State and Local Taxation
Exemption
Section 3124(a) of title 31, United States
Code, is amended by inserting or the District of Columbia
Government
after United States Government
.
Conforming Amendment
Section 3124(b) of such title is amended—
by striking
the District of Columbia,
; and
by striking
the District, territory,
and inserting
territory
.
Effective Date
The amendments made by this section shall apply with respect to obligations of the District of Columbia Government which are issued on or after the date of the enactment of this Act.
Authorities of District of Columbia Courts
Permitting Judicial Conference on Biennial Basis; Attendance of Magistrate Judges
Section 11—744, District of Columbia Official Code, is amended—
in the first
sentence, by striking annually
and inserting biennially
or annually
;
in the first
sentence, by striking active judges
and inserting active
judges and magistrate judges
;
in the third
sentence, by striking Every judge
and inserting Every
judge and magistrate judge
; and
in the third sentence, by striking
Courts of Appeals
and inserting Court of
Appeals
.
Emergency Authority To Toll or Delay Judicial Proceedings
Proceedings in Superior Court
In general
Subchapter III of Chapter 9 of title 11, District of Columbia Official Code, is amended by adding at the end the following new section:
Emergency authority to toll or delay proceedings.
Tolling or delaying proceedings
In general
In the event of a natural disaster or other emergency situation requiring the closure of Superior Court or rendering it impracticable for the United States or District of Columbia Government or a class of litigants to comply with deadlines imposed by any Federal or District of Columbia law or rule that applies in the Superior Court, the chief judge of the Superior Court may exercise emergency authority in accordance with this section.
Scope of authority
The chief judge may enter such order or orders as may be appropriate to delay, toll, or otherwise grant relief from the time deadlines imposed by otherwise applicable laws or rules for such period as may be appropriate for any class of cases pending or thereafter filed in the Superior Court.
The authority conferred by this section extends to all laws and rules affecting criminal and juvenile proceedings (including, pre-arrest, post-arrest, pretrial, trial, and post-trial procedures) and civil, family, domestic violence, probate and tax proceedings.
Unavailability of chief judge
If the chief judge of the Superior Court is absent or disabled, the authority conferred by this section may be exercised by the judge designated under section 11–907(a) or by the Joint Committee on Judicial Administration.
Habeas corpus unaffected
Nothing in this section shall be construed to authorize suspension of the writ of habeas corpus.
Criminal Cases
In exercising the authority under this section for criminal cases, the chief judge shall consider the ability of the United States or District of Columbia Government to investigate, litigate, and process defendants during and after the emergency situation, as well as the ability of criminal defendants as a class to prepare their defenses.
Issuance of Orders
The United States Attorney for the District of Columbia or the Attorney General for the District of Columbia or the designee of either may request issuance of an order under this section, or the chief judge may act on his or her own motion.
Duration of Orders
An order entered under this section may not toll or extend a time deadline for a period of more than 14 days, except that if the chief judge determines that an emergency situation requires additional extensions of the period during which deadlines are tolled or extended, the chief judge may, with the consent of the Joint Committee on Judicial Administration, enter additional orders under this section in order to further toll or extend such time deadline.
Notice
Upon issuing an order under this section, the chief judge—
shall make all reasonable efforts to publicize the order, including, when possible, announcing the order on the District of Columbia Courts web site; and
shall send notice of the order, including the reasons for the issuance of the order, to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives.
Required Reports
Not later than 180 days after the expiration of the last extension or tolling of a time period made by the order or orders relating to an emergency situation, the chief judge shall submit a brief report to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Joint Committee on Judicial Administration describing the orders, including—
the reasons for issuing the orders;
the duration of the orders;
the effects of the orders on litigants; and
the costs to the court resulting from the orders.
Exceptions
The notice under subsection (e)(2) and the report under subsection (f) are not required in the case of an order that tolls or extends a time deadline for a period of less than 14 days.
.
Clerical amendment
The table of contents of chapter 9 of title 11, District of Columbia Official Code, is amended by adding at the end of the items relating to subchapter III the following:
11—947. Emergency authority to toll or delay proceedings.
.
Proceedings in Court of Appeals
In general
Subchapter III of Chapter 7 of title 11, District of Columbia Official Code, is amended by adding at the end the following new section:
Emergency authority to toll or delay proceedings.
Tolling or delaying proceedings
In general
In the event of a natural disaster or other emergency situation requiring the closure of the Court of Appeals or rendering it impracticable for the United States or District of Columbia Government or a class of litigants to comply with deadlines imposed by any Federal or District of Columbia law or rule that applies in the Court of Appeals, the chief judge of the Court of Appeals may exercise emergency authority in accordance with this section.
Scope of authority
The chief judge may enter such order or orders as may be appropriate to delay, toll, or otherwise grant relief from the time deadlines imposed by otherwise applicable laws or rules for such period as may be appropriate for any class of cases pending or thereafter filed in the Court of Appeals.
Unavailability of chief judge
If the chief judge of the Court of Appeals is absent or disabled, the authority conferred by this section may be exercised by the judge designated under section 11–706(a) or by the Joint Committee on Judicial Administration.
Habeas corpus unaffected
Nothing in this section shall be construed to authorize suspension of the writ of habeas corpus.
Issuance of Orders
The United States Attorney for the District of Columbia or the Attorney General for the District of Columbia or the designee of either may request issuance of an order under this section, or the chief judge may act on his or her own motion.
Duration of Orders
An order entered under this section may not toll or extend a time deadline for a period of more than 14 days, except that if the chief judge determines that an emergency situation requires additional extensions of the period during which deadlines are tolled or extended, the chief judge may, with the consent of the Joint Committee on Judicial Administration, enter additional orders under this section in order to further toll or extend such time deadline.
Notice
Upon issuing an order under this section, the chief judge—
shall make all reasonable efforts to publicize the order, including, when possible, announcing the order on the District of Columbia Courts web site; and
shall send notice of the order, including the reasons for the issuance of the order, to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives.
Required Reports
Not later than 180 days after the expiration of the last extension or tolling of a time period made by the order or orders relating to an emergency situation, the chief judge shall submit a brief report to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Joint Committee on Judicial Administration describing the orders, including—
the reasons for issuing the orders;
the duration of the orders;
the effects of the orders on litigants; and
the costs to the court resulting from the orders.
Exceptions
The notice under subsection (d)(2) and the report under subsection (e) are not required in the case of an order that tolls or extends a time deadline for a period of less than 14 days.
.
Clerical amendment
The table of contents of chapter 7 of title 11, District of Columbia Official Code, is amended by adding at the end of the items relating to subchapter III the following:
11—745. Emergency authority to toll or delay proceedings.
.
Authorization for Program of Voluntary Separation Incentive Payments
In general
Chapter 17 of title 11, District of Columbia Official Code, is amended by inserting after section 11—1726 the following new section:
Voluntary Separation Incentive Payments
The Joint Committee on Judicial Administration may, by regulation, establish a program substantially similar to the program established under subchapter II of chapter 35 of title 5, United States Code, for nonjudicial employees of the District of Columbia courts.
.
Clerical amendment
The table of contents of chapter 17 of title 11, District of Columbia Official Code, is amended by inserting after the item relating to section 11—1726 the following new item:
11—1726A. Voluntary separation incentive payments.
.
Permitting Agreements To Provide Services on a Reimbursable Basis to Other District Government Offices
In general
Section 11—1742, District of Columbia Official Code, is amended by adding at the end the following new subsection:
To prevent duplication and to promote efficiency and economy, the Executive Officer may enter into agreements to provide the Mayor of the District of Columbia with equipment, supplies, and services and credit reimbursements received from the Mayor for such equipment, supplies, and services to the appropriation of the District of Columbia Courts against which they were charged.
.
Effective date
The amendment made by paragraph (1) shall apply with respect to fiscal year 2010 and each succeeding fiscal year.
Amendments to Home Rule Charter
Timing of Special Elections for Council
Section 401(d)(1) of the District of
Columbia Home Rule Act (sec. 1—204.01(d)(1), D.C. Official Code) is amended by
striking one hundred and fourteen days
and inserting
seventy days
.
Minimum Salary for Chief Financial Officer
Section 424(b)(2)(E) of such Act
(sec. 1—204.24(b)(2)(E), D.C. Official Code) is amended by striking an
annual rate equal to
and inserting an annual rate which is not
less than
.
Clarification Regarding Authority To Allocate Amounts From Reserve Funds
Emergency reserve fund
Section 450A(a) of such Act (sec. 1—204.50A(a), D.C. Official Code) is amended by adding at the end the following new paragraph:
No limit on amount of allocation during fiscal year
Nothing in this subsection may be construed to limit the amount the District of Columbia may allocate and use from the emergency reserve fund in a fiscal year.
.
Contingency reserve fund
Section 450A(b) of such Act (sec. 1—204.50A(b), D.C. Official Code) is amended—
in paragraph
(6)(A), by striking The District of Columbia
the second place it
appears; and
by adding at the end the following new paragraph:
No limit on amount of allocation during fiscal year
Nothing in this subsection may be construed to limit the amount the District of Columbia may allocate and use from the contingency reserve fund in a fiscal year.
.
Flood control project for Washington, DC, and vicinity
Project modification
The project for flood control, Potomac River, Washington, District of Columbia, authorized by section 5 of the Act of June 22, 1936 (49 Stat. 1574, chapter 688) and modified by section 301(a)(4) of the Water Resources Development Act of 1996 (110 Stat. 3707) and section 309 of the Water Resources Development Act of 1999 (113 Stat. 301), is further modified to authorize the Secretary of the Army to construct the project at a Federal cost of $18,000,000.
Reimbursement
The Secretary may use up to $10,000,000 of the funds appropriated to carry out this section to reimburse the District of Columbia for costs incurred by the District in designing and constructing, as a feature of the project referred to in subsection (a), a permanent closure at 17th Street Northwest. The terms for the reimbursement shall be as described in a memorandum of understanding to be executed by the Secretary and the District.
Chief of Engineers
The Secretary shall carry out this section acting through the Chief of Engineers.
Project for navigation, Washington Channel, Washington, DC deauthorized
Upon the date of enactment of this Act, the following portion of the project for navigation, Potomac River, Washington Channel, District of Columbia, authorized by the Act of August 30, 1935 (chapter 831; 49 Stat. 1028) is deauthorized beginning at Washington Harbor Channel Geometry Centerline of the 400-foot-wide main navigational ship channel, Centerline Station No. 103+73.12, coordinates North 441948.20, East 1303969.30, as stated and depicted on the Condition Survey Anacostia, Virginia, Washington and Magazine Bar Shoal Channels, Washington, DC, Sheet 6 of 6, prepared by the United States Army Corps of Engineers, Baltimore district, July 2007; thence departing the aforementioned centerline traveling the following courses and distances: N. 40 degrees 10 minutes 45 seconds E., 200.00 feet to a point, on the outline of said 400-foot-wide channel thence binding on said outline the following three courses and distances: S. 49 degrees 49 minutes 15 seconds E., 1,507.86 feet to a point, thence; S. 29 degrees 44 minutes 42 seconds E., 2,083.17 feet to a point, thence; S. 11 degrees 27 minutes 04 seconds E., 363.00 feet to a point, thence; S. 78 degrees 32 minutes 56 seconds W., 200.00 feet to a point binding on the centerline of the 400-foot-wide main navigational channel at computed Centerline Station No. 65+54.31, coordinates North 438923.9874, East 1306159.9738, thence; continuing with the aforementioned centerline the following courses and distances: N. 11 degrees 27 minutes 04 seconds W., 330.80 feet to a point, Centerline Station No. 68+85.10, thence; N. 29 degrees 44 minutes 42 seconds W., 2,015.56 feet to a point, Centerline Station No. 89+00.67, thence; N. 49 degrees 49 minutes 15 seconds W., 1,472.26 feet to the point of beginning, such area in total containing a computed area of 777,284 square feet or 17.84399 acres of riparian water way.