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PAYMENT OF FEDERAL WATER AND SEWER SERVICES

Mr. DIXON. As I indicated earlier, for the Water and Sewer Fund you are requesting $152,784,000 and 1,288 positions. Prior to the Committee coming to order I asked you about the Administration's position, meaning the Federal Office of Management and Budget (OMB), as it relates to the lump-sum amount traditionally paid the District government for Federal water and sewage usage, and I would like you to state for the record what you think their position is.

Mr. TOUCHSTONE. The OMB's position is that they would like us to bill the individual Federal agencies, and let the agencies be responsible for paying their water bills. We happen to think, in all candor, that it could play havoc in getting our money.

We think it would be more efficient and, to be very honest, more effective, if we could get our money in one lump sum from one source. That would save time and it would save us a lot of haggling in getting the money.

In addition to that, we think that it would help us to concentrate on those areas where we need to concentrate rather than spending a lot of time fighting with various agencies who honestly would not have this as a very high priority.

Mr. DIXON. Traditionally, you have submitted a bill to them through the appropriations process?

Mr. TOUCHSTONE. That is correct.

GAO'S OPINION OF PROPOSED FEDERAL WATER AND SEWER PAYMENTS

Mr. DIXON. At this point in the record, we will insert my letter dated March 5, 1987 to the Comptroller General of the United States and his reply dated April 1, 1987.

[The material referred to follows:]

MAJORITY MEMBERS

JAMIE L WHITTEN, MISSISSIPPI, CHAIRMAN

EDWARD P. BOLAND MASSACHUSETTS

WILLIAM X HATCHER, KENTUCKY

NEAL SMITH IOWA

SIDNEY A. YATES. ILLINOIS

DAVID R. OBEY, WISCONSIN

EDWARD R ROYBAL, CALIFORNIA

LOUIS STOKES, OHIO

TOM BEVILL ALABAMA

BILL CHAPPELL JR. FLORIDA

BILL ALEXANDER ARKANSAS

JOHN P MURTHA, PENNSYLVANIA

BOB TRAXLER, MICHIGAN

JOSEPH D. EARLY. MASSACHUSETTS
CHARLES WILSON, TEXAS

LINDY (MRS. MALE) BOGGS, LOUISIANA
NORMAN D. DICKS, WASHINGTON

MATTHEW F. MCHUGH, NEW YORK

WILLIAM LEHMAN, FLORIDA

MARTIN OLAV SABO. MINNESOTA

JULIAN C. DIXON, CALIFORNIA

VIC FAZIO, CALIFORNIA

W.G. (BILL) HEFNER, NORTH CAROLINA

LES AUCOIN, OREGON

DANIEL K. AKAKA, HAWAII

WES WATKINS, OKLAHOMA

WILLIAM H. GRAY, PENNSYLVANIA

BERNARD J. DWYER, NEW JERSEY

BILL BONER TENNESSEE

STENY H. HOYER, MARYLAND

BOB CARR MICHIGAN

ROBERT J. MRAZEK, NEW YORK

Congress of the United States
House of Representatives
Committee on Appropriations
Washington, DC 20515

March 5, 1987

MINORITY MEMBERS

SILVIO O. CONTE MASSACHSEN
JOSEPH M. MEGADE, PENNSYLVANIA
JOHN T. MYERS, INDIANA
CLARENCE E MILLER, OHIO
LAWRENCE COUGHLIN PERWARE
CW. BILL YOUNG FLORCA
JACK FREMP NEW YORK
RALPH REGULA, OHIO
VIRGINIA SMITH, NEBRASCA
CARL D. PURSELL MICHIGAN
MICKEY EDWARDS OKLAMOWA
BOB LIVINGSTON LOUISIANA
BILL GREEN, NEW YORK
JENNY LEWIS, CALIFORNIA
JOHN EDWARD PORTER UNOS
HAROLD ROGERS, KENTUCKY
JOB SKEEN, NEW MEXICO
FRANK & WOLF, VIRGINIA
BILL LOWERY CALIFORNIA
VIN WEBER MINNESOTA
TOM DILAY, TDLAS
JM KOLBL ARZONA

CLERK AND STAFF DIRECTOR
FREDERICK G. MOHTBAR

TELEPHONE 002) 225-2771

RICHARD J. DURBIN, ILLINOIS

RONALD D. COLEMAN, TEXAS

ALAN 8. MOLLOHAN, WEST VIRGINIA

Honorable Charles A. Bowsher

Comptroller General of the United States

U.S. General Accounting Office

Washington, D. C. 20548

Dear Mr. Bowsher:

The President's fiscal year 1988 budget does not include the District of Columbia's annual request for a lump-sum Federal payment for water and sewer services provided to the Federal government by the District. The President's budget proposes that the District treat the Federal establishment like private customers for water and sewer services received from the District. In addition, the President has not included in his budget the District government's request for supplemental funding reflecting adjustments in prior years' water and sewer appropriations based on audits of the metered

accounts.

The annual lump-sum payment to the District for water and sewer
services is authorized by Public Law 364, approved May 18, 1954,
which was codified as D. C. Code, Sec. 43-1552 for water and water
services and D. C. Code, Sec. 43-1612 for sanitary sewer services.
The pertinent part of D. C. Code, Sec. 43-1552 reads as follows:
there shall be included annually in the budget estimates
of the Mayor .
the estimated value, as determined by the
Mayor, of the water and water services to be furnished to the
United States during the fiscal year for which the budget
estimates are prepared, . There shall be appropriated
annually to the District, subject to subsequent adjustment
within two fiscal years, out of any money in the Treasury not

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Honorable Charles A. Bowsher

March 4, 1987

Page Two

otherwise appropriated, a sum corresponding to the estimated value of water and water services to be furnished to the United States:"

Identical language is provided under D. C. Code, Sec. 43-1612 for sanitary sewer services.

The Committee requests a written opinion by the Comptroller General as to 1) whether the President's fiscal year 1988 budget proposal is in accord with existing law; 2) whether the District government has the statutory authority to bill Federal agencies directly; and 3) whether an adjustment for either or both of the two preceding fiscal years is to be included in the President's budget.

A copy of the material referred to above is enclosed for your convenience.

Given our Committee's arduous hearing schedule, your early attention to this request will be appreciated.

Best personal regards.

Sincerely,

A

Chairman

District of Columbia Subcommittee

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In your letter of March 5, 1987, you requested our opinion on the propriety of the President's proposal in the fiscal year 1988 Federal budget, that the Congress no longer appropriate a lump-sum annual payment to the District of Columbia in lieu of water and sewer charges. Instead the President proposes that the District bill individual Federal agencies directly for the water and sewer services provided to those agencies. Specifically, you asked whether (1) the President's proposal is in accord with existing law; (2) the District government has the authority to bill Federal agencies directly; and (3) the President's budget should have included adjustments for water and sewer services provided to the Federal Government in prior years.

For the reasons indicated below we conclude that:

(1) The President's proposal is contrary
to existing law, specifically sec-
tions 106 and 212 of the District of
Columbia Public Works Act of 1954, as
amended, D.C. Code SS 43-1552, 43-1612
(1981);

(2) The District of Columbia has no
statutory authority to bill, or to accept
payments directly from, individual Fed-
eral agencies for water and sewer ser-
vices they receive; and

(3) The President's budget should contain
adjustments to the Federal water and sew-
er payments made to the District during
the 2 previous years if, in his opinion,
adjustments are needed for the payments
to correspond to the actual water and
sewer services provided.

BACKGROUND

For many years, under the procedure set forth in statute, the President's annual buäget has requested a single lump-sum appropriation for payment to the District of Columbia in lieu of reimbursements for water, water services and sanitary sewer services provided to Federal facilities. See, e.g., Budget of the United States Government, Fiscal Year 1987 Appendix at I-Z15, 16 (1986). Each year the Congress appropriated a single, lump-sum payment to the District for water, water services, and sanitary sewer services. See, e.g., District of Columbia Appropriations Act, 1987, as enacted by Pub. L. No. 99-591, 100 Stat. 1341, 1341-180 (1986).

For fiscal year 1988, however, the President's budget announces a significant change in the manner in which the Federal Government will pay the District of Columbia for water and sewer services. As explained in the Budget Appendix:

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This announced change is the subject of your inquiry.1/

In accordance with our normal procedures, we requested the views of the Director of the Office of

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To implement this change, on February 24, 1987, the
Office of Management and Budget issued Bulle-
tin No. 87-9, which directs Federal establishments
that own property in the District of Columbia to
make water and sewer payments directly to the Dis-
trict starting October 1, 1987.

B-226473

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