[Congressional Record Volume 155, Number 178 (Thursday, December 3, 2009)]
[Extensions of Remarks]
[Pages E2886-E2887]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           THE DISTRICT OF COLUMBIA OMNIBUS AUTHORIZATION ACT

                                 ______
                                 

                       HON. ELEANOR HOLMES NORTON

                      of the district of columbia

                    in the house of representatives

                       Thursday, December 3, 2009

  Ms. NORTON. Madam Speaker, the District of Columbia Omnibus 
Authorization Act is a welcome committee innovation designed to achieve 
greater efficiency in handling local District of Columbia matters, most 
of which are of little importance or concern to Congress, but must come 
to Congress because they are restricted by Federal statute and cannot 
become D.C. law until approved by congressional action. All of the 
provisions in this bill have been passed or approved by the District of 
Columbia.
  This bill contains several land-transfer provisions. In an important 
effort to continue to balance the city's growing need for land with the 
National Park Service's (NPS's) mission to protect park land, we are 
encouraged by the NPS's willingness to move forward with a few small 
land transfers. The land transfers consist of six small, unused parcels 
of land scattered throughout the city. Two of the parcels complete a 
previous Federal transfer to allow the development of the southwest 
waterfront to move forward. The other four small land transfers, mainly 
parts of schools and libraries, include a portion of the Marie H. Reed 
Community Learning Center in northwest Washington,

[[Page E2887]]

the old Meyer Elementary School site, the Shaw Junior High School 
recreational fields, and the southwest library site. Each of these 
small parcels will allow the District to develop play fields, encourage 
new development, and improve livability in the District of Columbia.
  Also transferred is full ownership to the southwest waterfront, 
another important effort in the continuing revitalization of 
undervalued and underused areas, burdened by Federal ownership, which 
the Federal Government has no interest in using. The District of 
Columbia has created a new vision for the southwest waterfront that 
will draw visitors down 10th Street from the National Mall to the 
waterfront area. However, for reasons largely forgotten from the time 
of the original transfer of land to the District of Columbia from the 
NPS in 1960, the original law restricts the use of the land along the 
waterfront to lease-only arrangements, effectively cutting the city off 
from building any multi-use structures on the site and driving down its 
useful value. The restriction on the land, allowing the District only 
to lease the land, cuts off the District from moving ahead with 
residential plans that are necessary for badly needed taxpayer growth. 
Neither the NPS nor the Federal Government has any interest in the 
waterfront land, nor does it have interest in the future of the 
southwest waterfront parcels, other than the Maine Lobsterman Memorial 
and the Titanic Memorial, which have been carved out of the transfer.
  An issue integral to the southwest waterfront development is the 
authorization to narrow the Washington Channel. This bill would narrow 
the Washington Channel from its current 400 feet to 200 feet, allowing 
the District to build new piers out into the Washington Channel, to 
repair existing piers, and to facilitate the redevelopment of water-
based activities on the waterfront. The Army Corps of Engineers is 
supportive of the change, but cannot make this change administratively, 
and the Coast Guard has indicated that there are no safety concerns in 
the proposed changes.
  In addition to the land transfers, the bill makes several small, 
noncontroversial statutory changes that also are of no importance to 
the Federal Government, but will help the District run more smoothly 
and effectively. For instance, section two of the bill would eliminate 
the unnecessary restriction on the sale and advertising of lottery 
tickets in the ``federal enclave'' and in the Shipstead Luce area, 
which both include areas of downtown D.C. The current prohibition has a 
tremendous fiscal impact on the District and on private businesses.
  Section three of the bill will allow the District to spend 
unanticipated local revenue that comes in after the District has 
submitted its budget to Congress, and will give the District authority 
to take money out of its cash reserve fund for cash-flow management, 
not to exceed 50 percent of the balance of the fund. Congress has 
approved these measures in the past, and this legislation simply seeks 
to make them permanent.
  Section seven would exempt bonds issued by the District of Columbia 
from Federal, state, and local taxation. Currently, tax-exempt bonds 
issued by the District of Columbia are exempt from taxation only by the 
District and by the Federal Government. In contrast, bonds issued by 
Puerto Rico, Guam, and the Virgin Islands are exempt from taxation by 
each of the 50 States. This change is necessary to avoid disadvantage 
to the District in the sale of its bonds because this tax-exempt status 
will increase the demand for the District's bonds and, lower the 
interest rates that the District bonds pays on its bonds.
  Section eight amends the D.C. Code to give the D.C. courts necessary 
authority and flexibility to operate efficiently and effectively. 
First, section eight eliminates the District's statutory requirement to 
hold judicial conferences on an annual basis. Given how accessible 
literature and information are through the internet, and specifically 
from the D.C. courts' websites, annual conferences are an unnecessary 
and time-consuming expense. This section simply gives the D.C. courts 
the discretion to hold judicial conferences either annually or 
biennially. In addition, this section gives the D.C. courts authority 
to delay or toll judicial proceedings in an emergency. The D.C. courts 
recognize the need to prepare for a catastrophic event, such as a 
terrorist attack or an act of nature. The D.C. courts already have 
authority to conduct sessions outside of the District if emergency 
conditions within the city prohibit normal operations. However, in 
emergency situations, conditions may impede the transfer of operations 
to outside of the District for a period of time. In these situations, 
the D.C. courts must have the authority to delay or toll proceedings. 
Similar bills have been introduced here in Congress regarding the 
Federal court system, and several States have enacted similar 
legislation. Finally, this section will give the D.C. courts authority 
to offer voluntary separation incentive payments or buyouts. These 
buyouts will allow the courts to respond to their future administrative 
and budget needs. Currently, Federal agencies and the Federal courts 
have the authority to offer buyouts.
  Section nine of our bill makes minor changes to the District's Home 
Rule Charter. This section would permit an increase to the salary of 
the District's Chief Financial Officer, CFO, currently set at level I 
of the Executive Schedule. The charter mandates that the District's CFO 
``shall be paid at an annual rate equal to the rate of basic pay 
payable for level I of the Executive Schedule''. The current law does 
not allow deviations either below or above that level. The District 
must have the authority to offer a higher annual salary to allow the 
District to compete with other jurisdictions to hire and retain the 
most qualified CFO. This section also reduced the timing for special 
elections for ward council members in the District from 114 days to 70 
days to reduce the lapse in local representation, which is necessary 
and important to the citizens of the District. Current law already 
permits appointments for vacancies in the office of the Mayor, city 
council chair, and at-large council seats. This provision simply fills 
a necessary gap. Further, this section would amend the Home Rule 
Charter to allow the District to spend from its contingency reserve and 
emergency reserve funds when they exceed the minimum required balance 
as set by the charter. The District will continue to be required to 
replenish the funds if they fall below the minimum required balances.
  We ask that the House pass this bill in a bipartisan manner, as it 
always has done for the D.C. omnibus authorization bills.

                          ____________________