I 

111TH CONGRESS 

2D SESSION H. R. 5103 

To authorize improvements in the operation of the Government of the District 

of Columbia, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 21, 2010 

Ms. NORTON introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the 

Committees on Natural Resources and Transportation and Infrastructure, 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘2010 District of Co5 lumbia Omnibus Authorization Act’’. 


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1 SEC. 2. PERMITTING ADVERTISING AND SALE OF LOTTERY 

2 TICKETS WITHIN CERTAIN AREAS AND SALE 

3 OF TICKETS BY BLIND VENDORS WITHIN FED4 ERAL ENCLAVE. 

5 (a) IN GENERAL.—The paragraph under the heading 

6 ‘‘Lottery and Charitable Games Enterprise Fund’’ in the 

7 District of Columbia Appropriation Act, 1982 (Public Law 

8 97–91; 95 Stat. 1174), as amended by section 134(a)(1) 

9 of the District of Columbia Appropriations Act, 1990 

10 (Public Law 101–168; 103 Stat. 1282), is amended by 

11 striking the 10th proviso. 

12 (b) EFFECTIVE DATE.—The amendment made by 

13 subsection (a) shall take effect on the date of the enact14 ment of this Act. 

15 SEC. 3. PERMANENT EXTENSION OF CERTAIN AUTHORI16 TIES FOR USE OF LOCAL FUNDS. 

17 (a) INCREASES ATTRIBUTABLE TO UNANTICIPATED

18 GROWTH OF REVENUE COLLECTIONS.—Section 446A(c) 

19 of the District of Columbia Home Rule Act (sec. 1– 

20 204.46A(c), D.C. Official Code) is amended by striking 

21 ‘‘fiscal years 2006 through 2007’’ and inserting ‘‘fiscal 

22 year 2006 and each succeeding fiscal year’’. 

23 (b) ALLOCATION OF RESERVE FUNDS FOR CASH

24 FLOW MANAGEMENT PURPOSES.—Section 450A(c)(4) of 

25 such Act (sec. 1–204.50A(c)(4), D.C. Official Code) is 

26 amended by striking ‘‘fiscal years 2006 through 2007’’ 


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1 and inserting ‘‘fiscal year 2006 and each succeeding fiscal 

2 year’’. 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this section shall take effect as if included in the enact5 ment of the 2005 District of Columbia Omnibus Author6 ization Act. 

7 SEC. 4. PROMOTING DEVELOPMENT OF SOUTHWEST WA8 TERFRONT. 

9 (a) UPDATED DESCRIPTION OF PROPERTY.—Section 

10 1 of the Act entitled ‘‘An Act to authorize the Commis11 sioners of the District of Columbia on behalf of the United 

12 States to transfer from the United States to the District 

13 of Columbia Redevelopment Land Agency title to certain 

14 real property in said District’’, approved September 8, 

15 1960 (sec. 6–321.01, D.C. Official Code), is amended by 

16 striking all that follows the colon and inserting the fol17 lowing: ‘‘The property the legal description of which is the 

18 Southwest Waterfront Project Site (dated October 8, 

19 2009), under Exhibit A of the document titled ‘Intent to 

20 Clarify the Legal Description in Furtherance of Land Dis21 position Agreement’, as filed with the Recorder of Deeds 

22 on October 27, 2009, as Instrument Number 

23 2009116776.’’. 

24 (b) CLARIFICATION OF METHOD OF TRANSFER.— 

25 Section 1 of such Act (sec. 6–321.01, D.C. Official Code) 


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1 is amended by inserting ‘‘by one or more quitclaim deeds’’ 

2 immediately after ‘‘to transfer’’. 

3 (c) CLARIFICATION OF RELATION TO MASTER DE4 VELOPMENT PLAN.—Section 2 of such Act (sec. 6– 

5 321.02, D.C. Official Code) is amended by striking ‘‘urban 

6 renewal plan’’ and inserting ‘‘master plan’’. 

7 (d) EXPANDING PERMITTED DISPOSITIONS AND

8 USES OF CERTAIN PROPERTY.—Section 4 of such Act 

9 (sec. 6–321.04, D.C. Official Code) is amended to read 

10 as follows: 

11 ‘‘SEC. 4. The Agency is hereby authorized, in accord12 ance with the District of Columbia Redevelopment Act of 

13 1945 and section 1, to lease or sell to a redevelopment 

14 company or other lessee or purchaser such real property 

15 as may be transferred to the Agency under the authority 

16 of this Act.’’. 

17 (e) REPEAL OF REVERSION.— 

18 (1) REPEAL.—Section 5 of such Act (sec. 6– 

19 321.05, D.C. Official Code) is repealed. 

20 (2) CONFORMING AMENDMENT.—Section 3 of 

21 such Act (sec. 6–321.03, D.C. Official Code) is 

22 amended by striking ‘‘Subject to the provisions of 

23 section 5 of this Act, the’’ and inserting ‘‘The’’. 

24 (f) CLARIFICATION OF ROLE OF DISTRICT OF CO25 LUMBIA AS SUCCESSOR IN INTEREST.—Section 8 of such 


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1 Act (sec. 6–321.08, D.C. Official Code) is amended by 

2 striking the period at the end and inserting the following: 

3 ‘‘, except that any reference to the ‘Agency’ shall be 

4 deemed to be a reference to the District of Columbia as 

5 the successor in interest to the Agency.’’. 

6 SEC. 5. TRANSFER OF CERTAIN PROPERTIES. 

7 (a) NATIONAL PARK SERVICE PROPERTIES.—Not 

8 later than 90 days after the date of the enactment of this 

9 Act, the Director of the National Park Service shall trans10 fer to the District of Columbia by quitclaim deed all right, 

11 title, and interest of the United States to the following 

12 properties in the District of Columbia: 

13 (1) Square 336, Lot 828, as shown on Assess14 ment and Taxation Plat 3761–Y among the records 

15 of the Surveyor of the District of Columbia (Shaw 

16 Junior High School recreation fields). 

17 (2) Square 542, Lot 85, as referenced on page 

18 104 of Subdivision Book 141 and shown on Map 

19 8634 among the records of the Surveyor of the Dis20 trict of Columbia (Southwest Library). 

21 (3) Square 2864, Lot 830, as shown on Assess22 ment and Taxation Plat 3495–G among the records 

23 of the Surveyor of the District of Columbia (Meyer 

24 Elementary School). 


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1 (4) Reservation 277–A, as shown on page 4 of 

2 Subdivision Book 134 among the records of the Sur3 veyor of the District of Columbia. 

4 (b) OTHER INTERIOR PROPERTIES.—Not later than 

5 90 days after the date of the enactment of this Act, the 

6 Secretary of the Interior shall transfer to the District of 

7 Columbia by quitclaim deed all right, title, and interest 

8 of the United States to the following properties in the Dis9 trict of Columbia: 

10 (1) Square 2558, Lot 803, as shown on Assess11 ment and Taxation Plat 65 among the records of the 

12 Surveyor of the District of Columbia (a portion of 

13 the Marie H. Reed Community Learning Center). 

14 (2) Square 2558, Lot 810, as shown on Assess15 ment and Taxation Plat 65 among the records of the 

16 Surveyor of the District of Columbia (a portion of 

17 the Marie H. Reed Community Learning Center). 

18 SEC. 6. AUTHORITIES OF DISTRICT OF COLUMBIA COURTS. 

19 (a) PERMITTING JUDICIAL CONFERENCE ON BIEN20 NIAL BASIS; ATTENDANCE OF MAGISTRATE JUDGES.— 

21 Section 11–744, District of Columbia Official Code, is 

22 amended— 

23 (1) in the first sentence, by striking ‘‘annually’’ 

24 and inserting ‘‘biennially or annually’’; 


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1 (2) in the first sentence, by striking ‘‘active 

2 judges’’ and inserting ‘‘active judges and magistrate 

3 judges’’; 

4 (3) in the third sentence, by striking ‘‘Every 

5 judge’’ and inserting ‘‘Every judge and magistrate 

6 judge’’; and 

7 (4) in the third sentence, by striking ‘‘Courts of 

8 Appeals’’ and inserting ‘‘Court of Appeals’’. 

9 (b) EMERGENCY AUTHORITY TO TOLL OR DELAY

10 JUDICIAL PROCEEDINGS.— 

11 (1) PROCEEDINGS IN SUPERIOR COURT.— 

12 (A) IN GENERAL.—Subchapter III of 

13 Chapter 9 of title 11, District of Columbia Offi14 cial Code, is amended by adding at the end the 

15 following new section: 

16 ‘‘§ 11–947. Emergency authority to toll or delay pro17 ceedings. 

18 ‘‘(a) TOLLING OR DELAYING PROCEEDINGS.— 

19 ‘‘(1) IN GENERAL.—In the event of a natural 

20 disaster or other emergency situation requiring the 

21 closure of Superior Court or rendering it impracti22 cable for the United States or District of Columbia 

23 Government or a class of litigants to comply with 

24 deadlines imposed by any Federal or District of Co25 lumbia law or rule that applies in the Superior 


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1 Court, the chief judge of the Superior Court may ex2 ercise emergency authority in accordance with this 

3 section. 

4 ‘‘(2) SCOPE OF AUTHORITY.—(A) The chief 

5 judge may enter such order or orders as may be ap6 propriate to delay, toll, or otherwise grant relief 

7 from the time deadlines imposed by otherwise appli8 cable laws or rules for such period as may be appro9 priate for any class of cases pending or thereafter 

10 filed in the Superior Court. 

11 ‘‘(B) The authority conferred by this section ex12 tends to all laws and rules affecting criminal and ju13 venile proceedings (including, pre-arrest, post-arrest, 

14 pretrial, trial, and post-trial procedures) and civil, 

15 family, domestic violence, probate and tax pro16 ceedings. 

17 ‘‘(3) UNAVAILABILITY OF CHIEF JUDGE.—If 

18 the chief judge of the Superior Court is absent or 

19 disabled, the authority conferred by this section may 

20 be exercised by the judge designated under section 

21 11–907(a) or by the Joint Committee on Judicial 

22 Administration. 

23 ‘‘(4) HABEAS CORPUS UNAFFECTED.—Nothing 

24 in this section shall be construed to authorize sus25 pension of the writ of habeas corpus. 


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1 ‘‘(b) CRIMINAL CASES.—In exercising the authority 

2 under this section for criminal cases, the chief judge shall 

3 consider the ability of the United States or District of Co4 lumbia Government to investigate, litigate, and process de5 fendants during and after the emergency situation, as well 

6 as the ability of criminal defendants as a class to prepare 

7 their defenses. 

8 ‘‘(c) ISSUANCE OF ORDERS.—The United States At9 torney for the District of Columbia or the Attorney Gen10 eral for the District of Columbia or the designee of either 

11 may request issuance of an order under this section, or 

12 the chief judge may act on his or her own motion. 

13 ‘‘(d) DURATION OF ORDERS.—An order entered 

14 under this section may not toll or extend a time deadline 

15 for a period of more than 14 days, except that if the chief 

16 judge determines that an emergency situation requires ad17 ditional extensions of the period during which deadlines 

18 are tolled or extended, the chief judge may, with the con19 sent of the Joint Committee on Judicial Administration, 

20 enter additional orders under this section in order to fur21 ther toll or extend such time deadline. 

22 ‘‘(e) NOTICE.—Upon issuing an order under this sec23 tion, the chief judge— 

24 ‘‘(1) shall make all reasonable efforts to pub25 licize the order, including, when possible, announcing 


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1 the order on the District of Columbia Courts web 

2 site; and 

3 ‘‘(2) shall send notice of the order, including 

4 the reasons for the issuance of the order, to the 

5 Committee on Homeland Security and Governmental 

6 Affairs of the Senate and the Committee on Over7 sight and Government Reform of the House of Rep8 resentatives. 

9 ‘‘(f) REQUIRED REPORTS.—Not later than 180 days 

10 after the expiration of the last extension or tolling of a 

11 time period made by the order or orders relating to an 

12 emergency situation, the chief judge shall submit a brief 

13 report to the Committee on Homeland Security and Gov14 ernmental Affairs of the Senate, the Committee on Over15 sight and Government Reform of the House of Represent16 atives, and the Joint Committee on Judicial Administra17 tion describing the orders, including— 

18 ‘‘(1) the reasons for issuing the orders; 

19 ‘‘(2) the duration of the orders; 

20 ‘‘(3) the effects of the orders on litigants; and 

21 ‘‘(4) the costs to the court resulting from the 

22 orders. 

23 ‘‘(g) EXCEPTIONS.—The notice under subsection 

24 (e)(2) and the report under subsection (f) are not required 


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1 in the case of an order that tolls or extends a time deadline 

2 for a period of less than 14 days.’’. 

3 (B) CLERICAL AMENDMENT.—The table of 

4 contents of chapter 9 of title 11, District of Co5 lumbia Official Code, is amended by adding at 

6 the end of the items relating to subchapter III 

7 the following: 

‘‘11–947. Emergency authority to toll or delay proceedings.’’. 

8 (2) PROCEEDINGS IN COURT OF APPEALS.— 

9 (A) IN GENERAL.—Subchapter III of 

10 Chapter 7 of title 11, District of Columbia Offi11 cial Code, is amended by adding at the end the 

12 following new section: 

13 ‘‘§ 11–745. Emergency authority to toll or delay pro14 ceedings. 

15 ‘‘(a) TOLLING OR DELAYING PROCEEDINGS.— 

16 ‘‘(1) IN GENERAL.—In the event of a natural 

17 disaster or other emergency situation requiring the 

18 closure of the Court of Appeals or rendering it im19 practicable for the United States or District of Co20 lumbia Government or a class of litigants to comply 

21 with deadlines imposed by any Federal or District of 

22 Columbia law or rule that applies in the Court of 

23 Appeals, the chief judge of the Court of Appeals 

24 may exercise emergency authority in accordance with 

25 this section. 


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1 ‘‘(2) SCOPE OF AUTHORITY.—The chief judge 

2 may enter such order or orders as may be appro3 priate to delay, toll, or otherwise grant relief from 

4 the time deadlines imposed by otherwise applicable 

5 laws or rules for such period as may be appropriate 

6 for any class of cases pending or thereafter filed in 

7 the Court of Appeals. 

8 ‘‘(3) UNAVAILABILITY OF CHIEF JUDGE.—If 

9 the chief judge of the Court of Appeals is absent or 

10 disabled, the authority conferred by this section may 

11 be exercised by the judge designated under section 

12 11–706(a) or by the Joint Committee on Judicial 

13 Administration. 

14 ‘‘(4) HABEAS CORPUS UNAFFECTED.—Nothing 

15 in this section shall be construed to authorize sus16 pension of the writ of habeas corpus. 

17 ‘‘(b) ISSUANCE OF ORDERS.—The United States At18 torney for the District of Columbia or the Attorney Gen19 eral for the District of Columbia or the designee of either 

20 may request issuance of an order under this section, or 

21 the chief judge may act on his or her own motion. 

22 ‘‘(c) DURATION OF ORDERS.—An order entered 

23 under this section may not toll or extend a time deadline 

24 for a period of more than 14 days, except that if the chief 

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1 ditional extensions of the period during which deadlines 

2 are tolled or extended, the chief judge may, with the con3 sent of the Joint Committee on Judicial Administration, 

4 enter additional orders under this section in order to fur5 ther toll or extend such time deadline. 

6 ‘‘(d) NOTICE.—Upon issuing an order under this sec7 tion, the chief judge— 

8 ‘‘(1) shall make all reasonable efforts to pub9 licize the order, including, when possible, announcing 

10 the order on the District of Columbia Courts web 

11 site; and 

12 ‘‘(2) shall send notice of the order, including 

13 the reasons for the issuance of the order, to the 

14 Committee on Homeland Security and Governmental 

15 Affairs of the Senate and the Committee on Over16 sight and Government Reform of the House of Rep17 resentatives. 

18 ‘‘(e) REQUIRED REPORTS.—Not later than 180 days 

19 after the expiration of the last extension or tolling of a 

20 time period made by the order or orders relating to an 

21 emergency situation, the chief judge shall submit a brief 

22 report to the Committee on Homeland Security and Gov23 ernmental Affairs of the Senate, the Committee on Over24 sight and Government Reform of the House of RepresentVerDate Nov 24 2008 04:51 Apr 22, 2010 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H5103.IH H5103

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1 atives, and the Joint Committee on Judicial Administra2 tion describing the orders, including— 

3 ‘‘(1) the reasons for issuing the orders; 

4 ‘‘(2) the duration of the orders; 

5 ‘‘(3) the effects of the orders on litigants; and 

6 ‘‘(4) the costs to the court resulting from the 

7 orders. 

8 ‘‘(f) EXCEPTIONS.—The notice under subsection 

9 (d)(2) and the report under subsection (e) are not required 

10 in the case of an order that tolls or extends a time deadline 

11 for a period of less than 14 days.’’. 

12 (B) CLERICAL AMENDMENT.—The table of 

13 contents of chapter 7 of title 11, District of Co14 lumbia Official Code, is amended by adding at 

15 the end of the items relating to subchapter III 

16 the following: 

‘‘11–745. Emergency authority to toll or delay proceedings.’’. 

17 (c) AUTHORIZATION FOR PROGRAM OF VOLUNTARY

18 SEPARATION INCENTIVE PAYMENTS.— 

19 (1) IN GENERAL.—Chapter 17 of title 11, Dis20 trict of Columbia Official Code, is amended by in21 serting after section 11–1726 the following new sec22 tion: 


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1 ‘‘§ 11–1726A. Voluntary Separation Incentive Pay2 ments 

3 ‘‘The Joint Committee on Judicial Administration 

4 may, by regulation, establish a program substantially simi5 lar to the program established under subchapter II of 

6 chapter 35 of title 5, United States Code, for nonjudicial 

7 employees of the District of Columbia courts.’’. 

8 (2) CLERICAL AMENDMENT.—The table of con9 tents of chapter 17 of title 11, District of Columbia 

10 Official Code, is amended by inserting after the item 

11 relating to section 11–1726 the following new item: 

‘‘11–1726A. Voluntary separation incentive payments.’’. 

12 (d) PERMITTING AGREEMENTS TO PROVIDE SERV13 ICES ON A REIMBURSABLE BASIS TO OTHER DISTRICT

14 GOVERNMENT OFFICES.— 

15 (1) IN GENERAL.—Section 11–1742, District of 

16 Columbia Official Code, is amended by adding at the 

17 end the following new subsection: 

18 ‘‘(d) To prevent duplication and to promote efficiency 

19 and economy, the Executive Officer may enter into agree20 ments to provide the Mayor of the District of Columbia 

21 with equipment, supplies, and services and credit reim22 bursements received from the Mayor for such equipment, 

23 supplies, and services to the appropriation of the District 

24 of Columbia Courts against which they were charged.’’. 


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1 (2) EFFECTIVE DATE.—The amendment made 

2 by paragraph (1) shall apply with respect to fiscal 

3 year 2010 and each succeeding fiscal year. 

4 SEC. 7. AMENDMENTS TO HOME RULE CHARTER. 

5 (a) TIMING OF SPECIAL ELECTIONS FOR COUNCIL.— 

6 Section 401(d)(1) of the District of Columbia Home Rule 

7 Act (sec. 1–204.01(d)(1), D.C. Official Code) is amended 

8 by striking ‘‘one hundred and fourteen days’’ and insert9 ing ‘‘seventy days’’. 

10 (b) MINIMUM SALARY FOR CHIEF FINANCIAL OFFI11 CER.—Section 424(b)(2)(E) of such Act (sec. 1– 

12 204.24(b)(2)(E), D.C. Official Code) is amended by strik13 ing ‘‘an annual rate equal to’’ and inserting ‘‘an annual 

14 rate which is not less than’’. 

15 (c) CLARIFICATION REGARDING AUTHORITY TO AL16 LOCATE AMOUNTS FROM RESERVE FUNDS.— 

17 (1) EMERGENCY RESERVE FUND.—Section 

18 450A(a) of such Act (sec. 1–204.50A(a), D.C. Offi19 cial Code) is amended by adding at the end the fol20 lowing new paragraph: 

21 ‘‘(8) NO LIMIT ON AMOUNT OF ALLOCATION

22 DURING FISCAL YEAR.—Nothing in this subsection 

23 may be construed to limit the amount the District 

24 of Columbia may allocate and use from the emer25 gency reserve fund in a fiscal year.’’. 


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1 (2) CONTINGENCY RESERVE FUND.—Section 

2 450A(b) of such Act (sec. 1–204.50A(b), D.C. Offi3 cial Code) is amended— 

4 (A) in paragraph (6)(A), by striking ‘‘The 

5 District of Columbia’’ the second place it ap6 pears; and 

7 (B) by adding at the end the following new 

8 paragraph: 

9 ‘‘(7) NO LIMIT ON AMOUNT OF ALLOCATION

10 DURING FISCAL YEAR.—Nothing in this subsection 

11 may be construed to limit the amount the District 

12 of Columbia may allocate and use from the contin13 gency reserve fund in a fiscal year.’’. 

14 SEC. 8. PROJECT FOR NAVIGATION, WASHINGTON CHAN15 NEL, WASHINGTON, D.C. DEAUTHORIZED. 

16 Upon the date of enactment of this Act, the following 

17 portion of the project for navigation, Potomac River, 

18 Washington Channel, District of Columbia, authorized by 

19 the Act of August 30, 1935 (chapter 831; 49 Stat. 1028) 

20 is deauthorized: beginning at Washington Harbor Channel 

21 Geometry Centerline of the 400-foot-wide main naviga22 tional ship channel, Centerline Station No. 103+73.12, 

23 coordinates North 441948.20, East 1303969.30, as stated 

24 and depicted on the Condition Survey Anacostia, Virginia, 

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1 ington, D.C., Sheet 6 of 6, prepared by the United States 

2 Army Corps of Engineers, Baltimore district, July 2007; 

3 thence departing the aforementioned centerline traveling 

4 the following courses and distances: N. 40 degrees 10 min5 utes 45 seconds E., 200.00 feet to a point, on the outline 

6 of said 400-foot-wide channel thence binding on said out7 line the following three courses and distances: S. 49 de8 grees 49 minutes 15 seconds E., 1,507.86 feet to a point, 

9 thence; S. 29 degrees 44 minutes 42 seconds E., 2,083.17 

10 feet to a point, thence; S. 11 degrees 27 minutes 04 sec11 onds E., 363.00 feet to a point, thence; S. 78 degrees 32 

12 minutes 56 seconds W., 200.00 feet to a point binding 

13 on the centerline of the 400-foot-wide main navigational 

14 channel at computed Centerline Station No. 65+54.31, 

15 coordinates North 438923.9874, East 1306159.9738, 

16 thence; continuing with the aforementioned centerline the 

17 following courses and distances: N. 11 degrees 27 minutes 

18 04 seconds W., 330.80 feet to a point, Centerline Station 

19 No. 68+85.10, thence; N. 29 degrees 44 minutes 42 sec20 onds W., 2,015.56 feet to a point, Centerline Station No. 

21 89+00.67, thence; N. 49 degrees 49 minutes 15 seconds 

22 W., 1,472.26 feet to the point of beginning, such area in 

23 total containing a computed area of 777,284 square feet 

24 or 17.84399 acres of riparian water way. 

Æ 


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