I 
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 Com-
mittee 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 govern-
ment of the District of Columbia, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘2009 District of Co-
lumbia Omnibus Authorization Act’’. 
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SEC. 2. PERMITTING ADVERTISING AND SALE OF LOTTERY 
TICKETS WITHIN CERTAIN AREAS AND SALE 
OF TICKETS BY BLIND VENDORS WITHIN FED-
ERAL 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 enact-
ment of this Act. 
SEC. 3. PERMANENT EXTENSION OF CERTAIN AUTHORI-
TIES 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’’ 
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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 enact-
ment of the 2005 District of Columbia Omnibus Author-
ization Act. 
SEC. 4. PROMOTING DEVELOPMENT OF SOUTHWEST WA-
TERFRONT. 
(a) UPDATED DESCRIPTION OF PROPERTY.—Section 
1 of the Act entitled ‘‘An Act to authorize the Commis-
sioners 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 fol-
lowing: ‘‘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 Dis-
position 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) 
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is amended by inserting ‘‘by one or more quitclaim deeds’’ 
immediately after ‘‘to transfer’’. 
(c) CLARIFICATION OF RELATION TO MASTER DE-
VELOPMENT 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 accord-
ance 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 CO-
LUMBIA AS SUCCESSOR IN INTEREST.—Section 8 of such 
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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 Reserva-
tion 405). 
(2) Benning Stoddert Park, including the 
Benning Recreation Center (United States Reserva-
tion 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 trans-
fer 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: 
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(1) Square 336, Lot 828, as shown on Assess-
ment 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 Dis-
trict of Columbia (Southwest Library). 
(3) Square 2864, Lot 830, as shown on Assess-
ment 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 Sur-
veyor 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 Dis-
trict of Columbia: 
(1) Square 2558, Lot 803, as shown on Assess-
ment 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). 
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(2) Square 2558, Lot 810, as shown on Assess-
ment 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 Govern-
ment’’. 
(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 in-
serting ‘‘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 BIEN-
NIAL BASIS; ATTENDANCE OF MAGISTRATE JUDGES.— 
Section 11—744, District of Columbia Official Code, is 
amended— 
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(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 Offi-
cial Code, is amended by adding at the end the 
following new section: 
‘‘§ 11—947. Emergency authority to toll or delay pro-
ceedings. 
‘‘(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 impracti-
cable for the United States or District of Columbia 
Government or a class of litigants to comply with 
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deadlines imposed by any Federal or District of Co-
lumbia law or rule that applies in the Superior 
Court, the chief judge of the Superior Court may ex-
ercise emergency authority in accordance with this 
section. 
‘‘(2) SCOPE
OF
AUTHORITY.—(A) The chief 
judge may enter such order or orders as may be ap-
propriate to delay, toll, or otherwise grant relief 
from the time deadlines imposed by otherwise appli-
cable laws or rules for such period as may be appro-
priate for any class of cases pending or thereafter 
filed in the Superior Court. 
‘‘(B) The authority conferred by this section ex-
tends to all laws and rules affecting criminal and ju-
venile proceedings (including, pre-arrest, post-arrest, 
pretrial, trial, and post-trial procedures) and civil, 
family, domestic violence, probate and tax pro-
ceedings. 
‘‘(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. 
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‘‘(4) HABEAS CORPUS UNAFFECTED.—Nothing 
in this section shall be construed to authorize sus-
pension 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 Co-
lumbia Government to investigate, litigate, and process de-
fendants 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 At-
torney for the District of Columbia or the Attorney Gen-
eral 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 ad-
ditional extensions of the period during which deadlines 
are tolled or extended, the chief judge may, with the con-
sent of the Joint Committee on Judicial Administration, 
enter additional orders under this section in order to fur-
ther toll or extend such time deadline. 
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‘‘(e) NOTICE.—Upon issuing an order under this sec-
tion, the chief judge— 
‘‘(1) shall make all reasonable efforts to pub-
licize 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 Over-
sight and Government Reform of the House of Rep-
resentatives. 
‘‘(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 Gov-
ernmental Affairs of the Senate, the Committee on Over-
sight and Government Reform of the House of Represent-
atives, and the Joint Committee on Judicial Administra-
tion 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 
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‘‘(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 Co-
lumbia 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 Offi-
cial Code, is amended by adding at the end the 
following new section: 
‘‘§ 11—745. Emergency authority to toll or delay pro-
ceedings. 
‘‘(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 im-
practicable for the United States or District of Co-
lumbia Government or a class of litigants to comply 
with deadlines imposed by any Federal or District of 
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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 appro-
priate 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 sus-
pension of the writ of habeas corpus. 
‘‘(b) ISSUANCE OF ORDERS.—The United States At-
torney for the District of Columbia or the Attorney Gen-
eral 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. 
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‘‘(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 ad-
ditional extensions of the period during which deadlines 
are tolled or extended, the chief judge may, with the con-
sent of the Joint Committee on Judicial Administration, 
enter additional orders under this section in order to fur-
ther toll or extend such time deadline. 
‘‘(d) NOTICE.—Upon issuing an order under this sec-
tion, the chief judge— 
‘‘(1) shall make all reasonable efforts to pub-
licize 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 Over-
sight and Government Reform of the House of Rep-
resentatives. 
‘‘(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 
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report to the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate, the Committee on Over-
sight and Government Reform of the House of Represent-
atives, and the Joint Committee on Judicial Administra-
tion 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 Co-
lumbia 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, Dis-
trict of Columbia Official Code, is amended by in-
serting after section 11—1726 the following new 
section: 
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‘‘§ 11—1726A. Voluntary Separation Incentive Pay-
ments 
‘‘The Joint Committee on Judicial Administration 
may, by regulation, establish a program substantially simi-
lar 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 con-
tents 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 SERV-
ICES 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 agree-
ments to provide the Mayor of the District of Columbia 
with equipment, supplies, and services and credit reim-
bursements received from the Mayor for such equipment, 
supplies, and services to the appropriation of the District 
of Columbia Courts against which they were charged.’’. 
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(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 insert-
ing ‘‘seventy days’’. 
(b) MINIMUM SALARY FOR CHIEF FINANCIAL OFFI-
CER.—Section 424(b)(2)(E) of such Act (sec. 1— 
204.24(b)(2)(E), D.C. Official Code) is amended by strik-
ing ‘‘an annual rate equal to’’ and inserting ‘‘an annual 
rate which is not less than’’. 
(c) CLARIFICATION REGARDING AUTHORITY TO AL-
LOCATE AMOUNTS FROM RESERVE FUNDS.— 
(1) 
EMERGENCY
RESERVE
FUND.—Section 
450A(a) of such Act (sec. 1—204.50A(a), D.C. Offi-
cial Code) is amended by adding at the end the fol-
lowing 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 emer-
gency reserve fund in a fiscal year.’’. 
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(2) CONTINGENCY
RESERVE
FUND.—Section 
450A(b) of such Act (sec. 1—204.50A(b), D.C. Offi-
cial Code) is amended— 
(A) in paragraph (6)(A), by striking ‘‘The 
District of Columbia’’ the second place it ap-
pears; 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 contin-
gency 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 Re-
sources Development Act of 1999 (113 Stat. 301), is fur-
ther modified to authorize the Secretary of the Army to 
construct the project at a Federal cost of $18,000,000. 
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(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 in-
curred 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 memo-
randum 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 Engi-
neers. 
SEC. 11. PROJECT FOR NAVIGATION, WASHINGTON CHAN-
NEL, 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 naviga-
tional 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, Wash-
ington, DC, Sheet 6 of 6, prepared by the United States 
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Army Corps of Engineers, Baltimore district, July 2007; 
thence departing the aforementioned centerline traveling 
the following courses and distances: N. 40 degrees 10 min-
utes 45 seconds E., 200.00 feet to a point, on the outline 
of said 400-foot-wide channel thence binding on said out-
line the following three courses and distances: S. 49 de-
grees 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 sec-
onds 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 sec-
onds 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. 
Æ 
VerDate Nov 24 2008 
05:30 Dec 04, 2009
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tjames on DSKG8SOYB1PROD with BILLS