[Congressional Record Volume 154, Number 94 (Monday, June 9, 2008)]
[House]
[Pages H5084-H5085]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY INDEPENDENCE 
                            PRESERVATION ACT

  Mr. DAVIS of Illinois. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 5778) to preserve the independence of the District 
of Columbia Water and Sewer Authority, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5778

       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 ``District of Columbia Water 
     and Sewer Authority Independence Preservation Act''.

     SEC. 2. ENSURING INDEPENDENCE OF CHIEF FINANCIAL OFFICER OF 
                   DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY.

       (a) Clarification of Inapplicability of 2005 Omnibus 
     Authorization Provision.--The District of Columbia Home Rule 
     Act is amended--
       (1) by redesignating the section 424 added by section 
     202(a)(1) of the 2005 District of Columbia Omnibus 
     Authorization Act (Public Law 109-356; 120 Stat. 2036) as 
     section 424a; and
       (2) in section 424a, as so redesignated, by adding at the 
     end the following new subsection:
       ``(e) Inapplicability to Water and Sewer Authority.--The 
     authority of the Chief Financial Officer under this section 
     does not apply to personnel of the District of Columbia Water 
     and Sewer Authority established pursuant to the Water and 
     Sewer Authority Establishment and Department of Public Works 
     Reorganization Act of 1996.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect as if included in the enactment of the 2005 
     District of Columbia Omnibus Authorization Act.

     SEC. 3. PRESERVING EXISTING INDEPENDENCE OF DISTRICT OF 
                   COLUMBIA WATER AND SEWER AUTHORITY.

       (a) In General.--Part F of title IV of the District of 
     Columbia Home Rule Act (sec. 1-204.91 et seq., D.C. Official 
     Code) is amended--
       (1) by amending the heading of such part to read as 
     follows: ``Part F--Independent Agencies and Authorities''; 
     and
       (2) by adding at the end the following new section:


    ``independent financial management, personnel, and procurement 
      authority of district of columbia water and sewer authority

       ``Sec. 496.  (a) Financial Management, Personnel, and 
     Procurement Authority.--Notwithstanding any other provision 
     of this Act or any District of Columbia law, the financial 
     management, personnel, and procurement functions and 
     responsibilities of the District of Columbia Water and Sewer 
     Authority shall be established exclusively pursuant to rules 
     and regulations adopted by its Board of Directors. Nothing in 
     the previous sentence may be construed to affect the 
     application to the District of Columbia Water and Sewer 
     Authority of sections 445A, 451(d), 453(c), or 490(g).
       ``(b) Consistency With Existing Authorizing Law.--The rules 
     and regulations adopted by the Board of Directors of the 
     District of Columbia Water and Sewer Authority to establish 
     the financial management, personnel, and procurement 
     functions and responsibilities of the Authority shall be 
     consistent with the Water and Sewer Authority Establishment 
     and Department of Public Works Reorganization Act of 1996, as 
     such Act is in effect as of January 1, 2008.''.
       (b) Clerical Amendments.--(1) The table of contents of such 
     Act is amended by amending the item relating to part F of 
     title IV to read as follows:

           ``Part F--Independent Agencies and Authorities''.

       (2) The table of contents of such Act is further amended by 
     adding at the end of the items relating to part F of title IV 
     the following:

``Sec. 496. Independent financial management, personnel, and 
              procurement authority of District of Columbia Water and 
              Sewer Authority.''.

     SEC. 4. PRESERVING EQUAL ELIGIBILITY OF RESIDENTS OF 
                   JURISDICTIONS SERVED BY DISTRICT OF COLUMBIA 
                   WATER AND SEWER AUTHORITY TO SERVE AS EMPLOYEES 
                   OF AUTHORITY.

       (a) In General.--Section 213 of D.C. Act 17-172 is 
     repealed, and each provision of law amended by such section 
     is restored as if such section had not been enacted into law.
       (b) Effective Date.--Subsection (a) shall take effect as if 
     included in the enactment of D.C. Act 17-172.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Illinois (Mr. Davis) and the gentleman from Indiana (Mr. Burton) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Illinois.


                             General Leave

  Mr. DAVIS of Illinois. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Illinois?
  There was no objection.
  Mr. DAVIS of Illinois. Mr. Speaker, I now yield myself such time as I 
might consume.
  As a member of the House Committee on Oversight and Government 
Reform, I'd like to present for consideration H.R. 5778, the District 
of Columbia Water and Sewer Authority Independence Preservation Act, 
which clarifies the original intent of previously enacted legislation 
establishing an independent water and wastewater utility agency for the 
national capital region.
  H.R. 5778 was originally introduced by Representatives Chris Van 
Hollen and Tom Davis April 10, 2008, and was discharged from the 
Oversight Committee on June 6, 2008. As chair of the House Subcommittee 
on Federal Workforce, Postal Service, and the District of Columbia, I 
convened a hearing to discuss the merits of this legislation before us 
on April 15, 2008, where we learned that the bill had the support of 
the various regional localities that are served by the authority.
  The District of Columbia Water and Sewer Authority, also known as 
D.C. WASA, was created in 1996 through congressional and local 
government action which was intended to establish an independent 
regional utility agency that would be responsible for providing 
drinking water and wastewater treatment services to the District of 
Columbia and wholesale wastewater treatment services to certain 
Maryland and Virginia suburban jurisdictions.
  Before the enactment of a series of WASA-related statutes, the agency 
experienced a grave financial and serious operational difficulties. 
However, I am happy to report that ever since the agency was 
restructured back in the late 1990s, WASA has made significant progress 
in carrying out its statutory mandate of providing retail drinking 
water distribution, wastewater collection, and wastewater treatment 
services to over 2 million Washington metropolitan regional customers, 
of which the Federal Government is included.
  H.R. 5778 clarifies the original intent of the applicable statutes 
concerning WASA's Board's responsibilities, including the financial 
management, personnel, procurement, and all other operations of the 
authority. A recent amendment to the bill will help to ensure that the 
residents and employees of the applicable jurisdictions are eligible 
for employment with WASA under the same terms and conditions.
  And so, Mr. Speaker, as a regional partner, it is important that we 
continue to show our commitment to strengthening and assisting WASA in 
its efforts to upgrade and improve the agency's operations, equipment, 
and long-term functionality. H.R. 5778 is an important step in that 
direction. Therefore, I urge its adoption.
  I reserve the balance of my time.
  Mr. BURTON of Indiana. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. BURTON of Indiana asked and was given permission to revise and 
extend his remarks.)
  Mr. BURTON of Indiana. Mr. Speaker, as my colleague just said, the 
District of Columbia Water and Sewer Authority Independence 
Preservation Act is very important.
  H.R. 5778 would amend the D.C. Home Rule Act to clarify that the 
chief financial officer of the District of Columbia does not have 
authority over the District of Columbia Water and Sewer Authority, or 
WASA. WASA is a regional entity, funded by rate payers living in D.C., 
Maryland, and Virginia. Under current Federal law, however, WASA's 
finances are under the jurisdiction of the D.C. chief financial 
officer.
  A memorandum of understanding has been in place between WASA and the 
District of Columbia CFO for many years stating that the CFO would not 
exercise its authority over WASA. However, it was recently determined 
that such a memorandum was not legally enforceable and that Federal law 
needed to be changed in order to make the previous agreement 
enforceable.

[[Page H5085]]

                              {time}  1745

  The purpose of H.R. 5778 is to codify in Federal statute the Water 
and Sewage Authority's financial independence from the District.
  And with that, Mr. Speaker, I yield back the balance of my time.
  Mr. DAVIS of Illinois. Mr. Speaker, we have no further requests for 
time and no further speakers.
  I want to thank the gentleman from Indiana for his support and thank 
the entire committee for its support. I urge passage of this 
resolution.
  Mr. DAVIS of Virginia. Mr. Speaker, I rise today in support of H.R. 
5778, the District of Columbia Water and Sewer Authority Independence 
Preservation Act. Representative Van Hollen and I introduced this 
legislation to reaffirm the independence of the District of Columbia 
Water and Sewer Authority.
  H.R. 5778 would amend the D.C. Home Rule Act to clarify that the 
District of Columbia Water and Sewer Authority, or WASA, is an 
independent agency with financial authority independent from the 
District of Columbia. After all, WASA is a regional entity, funded by 
ratepayers living in D.C., Maryland and Virginia.
  In October 2000, Congress approved the conference report for the 
FY2001 District of Columbia appropriations, which contained language 
regarding the functions and responsibilities of the District of 
Columbia Chief Financial Officer.
  At that time, I engaged in a colloquy on the floor with then Chairman 
of the District of Columbia Appropriations Subcommittee Ernest Istook 
to clarify that the amendments to the CFO's responsibility's did not 
infringe upon the financial independence of the District of Columbia 
Water and Sewer Authority. Subsequently, a memorandum of understanding 
was signed between WASA and the District's CFO at the time Anthony 
Williams stating that the CFO would not exercise its authority over 
WASA.
  However, it was recently determined that such a memorandum was not 
legally enforceable and that Federal law needed to be changed in order 
to make the previous agreement enforceable.
  Therefore, the purpose of H.R. 5778 is to codify in Federal statute 
the Water and Sewer Authority's financial independence from the 
District.
  Mr. Speaker, I urge my colleagues to support passage of this 
legislation.
  Mr. DAVIS of Illinois. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Illinois (Mr. Davis) that the House suspend the rules 
and pass the bill, H.R. 5778, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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