[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4207 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4207

  To authorize improvements in the operation of the government of the 
             District of Columbia, and for other purposes.


_______________________________________________________________________


                    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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``2009 District of Columbia Omnibus 
Authorization Act''.

SEC. 2. PERMITTING ADVERTISING AND SALE OF LOTTERY TICKETS WITHIN 
              CERTAIN AREAS AND SALE OF TICKETS BY BLIND VENDORS WITHIN 
              FEDERAL ENCLAVE.

    (a) 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.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act.

SEC. 3. PERMANENT EXTENSION OF CERTAIN AUTHORITIES FOR USE OF LOCAL 
              FUNDS.

    (a) 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''.
    (b) 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''.
    (c) 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.

SEC. 4. PROMOTING DEVELOPMENT OF SOUTHWEST WATERFRONT.

    (a) 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.''.
    (b) 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''.
    (c) 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''.
    (d) 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:
    ``Sec. 4.  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.''.
    (e) Repeal of Reversion.--
            (1) Repeal.--Section 5 of such Act (sec. 6--321.05, D.C. 
        Official Code) is repealed.
            (2) 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''.
    (f) 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.''.

SEC. 5. 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:
            (1) Fort Dupont Park (United States Reservation 405).
            (2) Benning Stoddert Park, including the Benning Recreation 
        Center (United States Reservation 706).
            (3) Walter Reed Army Medical Center (Parcel 319).

SEC. 6. TRANSFER OF CERTAIN PROPERTIES.

    (a) 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:
            (1) 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).
            (2) 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).
            (3) 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).
            (4) Reservation 277-A, as shown on page 4 of Subdivision 
        Book 134 among the records of the Surveyor of the District of 
        Columbia.
    (b) 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:
            (1) 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).
            (2) 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).

SEC. 7. EXEMPTION OF INCOME EARNED ON DISTRICT OF COLUMBIA NOTES AND 
              OBLIGATIONS FROM STATE AND LOCAL TAXATION.

    (a) Exemption.--Section 3124(a) of title 31, United States Code, is 
amended by inserting ``or the District of Columbia Government'' after 
``United States Government''.
    (b) Conforming Amendment.--Section 3124(b) of such title is 
amended--
            (1) by striking ``the District of Columbia,''; and
            (2) by striking ``the District, territory,'' and inserting 
        ``territory''.
    (c) 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.

SEC. 8. AUTHORITIES OF DISTRICT OF COLUMBIA COURTS.

    (a) Permitting Judicial Conference on Biennial Basis; Attendance of 
Magistrate Judges.--Section 11--744, District of Columbia Official 
Code, is amended--
            (1) in the first sentence, by striking ``annually'' and 
        inserting ``biennially or annually'';
            (2) in the first sentence, by striking ``active judges'' 
        and inserting ``active judges and magistrate judges'';
            (3) in the third sentence, by striking ``Every judge'' and 
        inserting ``Every judge and magistrate judge''; and
            (4) in the third sentence, by striking ``Courts of 
        Appeals'' and inserting ``Court of Appeals''.
    (b) Emergency Authority To Toll or Delay Judicial Proceedings.--
            (1) Proceedings in superior court.--
                    (A) 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:
``Sec. 11--947. Emergency authority to toll or delay proceedings.
    ``(a) Tolling or Delaying Proceedings.--
            ``(1) 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.
            ``(2) Scope of authority.--(A) 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.
            ``(B) 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.
            ``(3) 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.
            ``(4) Habeas corpus unaffected.--Nothing in this section 
        shall be construed to authorize suspension of the writ of 
        habeas corpus.
    ``(b) 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.
    ``(c) 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.
    ``(d) 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.
    ``(e) Notice.--Upon issuing an order under this section, the chief 
judge--
            ``(1) shall make all reasonable efforts to publicize the 
        order, including, when possible, announcing the order on the 
        District of Columbia Courts web site; and
            ``(2) 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.
    ``(f) 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--
            ``(1) the reasons for issuing the orders;
            ``(2) the duration of the orders;
            ``(3) the effects of the orders on litigants; and
            ``(4) the costs to the court resulting from the orders.
    ``(g) 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.''.
                    (B) 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.''.
            (2) Proceedings in court of appeals.--
                    (A) 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:
``Sec. 11--745. Emergency authority to toll or delay proceedings.
    ``(a) Tolling or Delaying Proceedings.--
            ``(1) 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.
            ``(2) 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.
            ``(3) 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.
            ``(4) Habeas corpus unaffected.--Nothing in this section 
        shall be construed to authorize suspension of the writ of 
        habeas corpus.
    ``(b) 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.
    ``(c) 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.
    ``(d) Notice.--Upon issuing an order under this section, the chief 
judge--
            ``(1) shall make all reasonable efforts to publicize the 
        order, including, when possible, announcing the order on the 
        District of Columbia Courts web site; and
            ``(2) 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.
    ``(e) 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--
            ``(1) the reasons for issuing the orders;
            ``(2) the duration of the orders;
            ``(3) the effects of the orders on litigants; and
            ``(4) the costs to the court resulting from the orders.
    ``(f) 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.''.
                    (B) 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.''.
    (c) Authorization for Program of Voluntary Separation Incentive 
Payments.--
            (1) In general.--Chapter 17 of title 11, District of 
        Columbia Official Code, is amended by inserting after section 
        11--1726 the following new section:
``Sec. 11--1726A. 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.''.
            (2) 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.''.
    (d) Permitting Agreements To Provide Services on a Reimbursable 
Basis to Other District Government Offices.--
            (1) In general.--Section 11--1742, District of Columbia 
        Official Code, is amended by adding at the end the following 
        new subsection:
    ``(d) 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.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply with respect to fiscal year 2010 and each 
        succeeding fiscal year.

SEC. 9. AMENDMENTS TO HOME RULE CHARTER.

    (a) 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''.
    (b) 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''.
    (c) Clarification Regarding Authority To Allocate Amounts From 
Reserve Funds.--
            (1) 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:
            ``(8) 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.''.
            (2) Contingency reserve fund.--Section 450A(b) of such Act 
        (sec. 1--204.50A(b), D.C. Official Code) is amended--
                    (A) in paragraph (6)(A), by striking ``The District 
                of Columbia'' the second place it appears; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(7) 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.''.

SEC. 10. FLOOD CONTROL PROJECT FOR WASHINGTON, DC, AND VICINITY.

    (a) 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.
    (b) 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.
    (c) Chief of Engineers.--The Secretary shall carry out this section 
acting through the Chief of Engineers.

SEC. 11. 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.
                                 <all>