H. R. 2015—464
Sec. 11212. General duties, powers, and goals of Commission.
Sec. 11213. Data collection.
Sec. 11214. Enactment of amendments to District of Columbia Code.
CHAPTER 3—OFFENDER SUPERVISION AND PAROLE
Sec. 11231. Parole.
Sec. 11232. Pretrial Services, Defense Services, Parole, Adult Probation and Of-
fender Supervision Trustee.
Sec. 11233. Offender Supervision, Defender and Courts Services Agency.
Sec. 11234. Authorization of appropriations.
CHAPTER 4—DISTRICT OF COLUMBIA COURTS
SUBCHAPTER A—TRANSFER OF ADMINISTRATION AND FINANCING OF COURTS TO
FEDERAL GOVERNMENT
Sec. 11241. Authorization of appropriations.
Sec. 11242. Administration of courts under District of Columbia Code.
Sec. 11243. Budgeting and financing requirements for courts under Home Rule Act.
Sec. 11244. Auditing of accounts of court system.
Sec. 11245. Miscellaneous budgeting and financing requirements for courts under
District law.
Sec. 11246. Other provisions relating to administration of District of Columbia
courts.
SUBCHAPTER B—JUDICIAL RETIREMENT PROGRAM
Sec. 11251. Judicial Retirement and Survivors Annuity Fund.
Sec. 11252. Termination of current fund and program.
Sec. 11253. Conforming amendments.
SUBCHAPTER C—MISCELLANEOUS CONFORMING AND ADMINISTRATIVE PROVISIONS
Sec. 11261. Treatment of courts under miscellaneous District laws.
Sec. 11262. Representation of indigents in criminal cases.
CHAPTER 5—PRETRIAL SERVICES AGENCY AND PUBLIC DEFENDER SERVICE
Sec. 11271. Amendments affecting Pretrial Services Agency.
Sec. 11272. Amendments affecting Public Defender Service.
CHAPTER 6—MISCELLANEOUS PROVISIONS
Sec. 11281. Technical assistance and research.
Sec. 11282. Exemption from personnel and budget ceilings for Trustees and related
agencies.
Subtitle D—Privatization of Tax Collection and Administration
Sec. 11301. Findings.
Sec. 11302. Authorizing Chief Financial Officer to privatize tax administration and
collection.
Subtitle E—Financing of District of Columbia Accumulated Deficit
Sec. 11401. Findings.
Sec. 11402. Authorization for intermediate-term advances of funds by the Secretary
of the Treasury to liquidate the accumulated general fund deficit of the
District of Columbia.
Sec. 11403. Conforming amendments.
Sec. 11404. Technical corrections.
Sec. 11405. Authorization for issuance of general obligation bonds by the District
of Columbia to finance or refund its accumulated general fund deficit.
Subtitle F—District of Columbia Bond Financing Improvements
Sec. 11501. Short title.
Sec. 11502. Findings.
Sec. 11503. Amendment to Section 462 (relating to contents of borrowing legislation
and elections on issuing general obligation bonds).
Sec. 11504. Amendment to Section 466 (relating to public or negotiated sale of gen-
eral obligation bonds).
Sec. 11505. Amendment to Section 467 (relating to authority to create security in-
terests in District revenues).
Sec. 11506. Amendment to Section 472 (relating to borrowing in anticipation of rev-
enues).
Sec. 11507. Addition of new Section 475 (relating to general obligation bond antici-
pation notes).
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Sec. 11508. Amendment to Section 490 (relating to revenue bonds and other obliga-
tions).
Sec. 11509. Conforming amendment.
Subtitle G—District of Columbia Government Budget
Sec. 11601. Elimination of the annual Federal payment to the District of Columbia.
Sec. 11602. Requirement that the District of Columbia balance its budget in FY
1998.
Sec. 11603. Permitting expedited submission and approval of consensus budget and
financial plan.
Sec. 11604. Increase in maximum amount of permitted District borrowing.
Subtitle H—Miscellaneous Provisions
CHAPTER 1—REGULATORY REFORM IN THE DISTRICT OF COLUMBIA
Sec. 11701. Review and revision of regulations and permit and application proc-
esses.
Sec. 11702. Repeal of Clean Air Compliance Fee Act of 1994.
Sec. 11703. Repeal requirement for Congressional authorization of certain mergers
involving District of Columbia public utility corporations.
Sec. 11704. Exemption of certain contracts from Council review.
CHAPTER 2—OTHER MISCELLANEOUS PROVISIONS
Sec. 11711. Revisions to Financial Responsibility and Management Assistance Act.
Sec. 11712. Cooperative agreements between Federal agencies and Metropolitan
Police Department.
Sec. 11713. Permitting garnishment of wages of officers and employees of District
of Columbia government.
Sec. 11714. Permitting excess appropriations by Water and Sewer Authority for
capital projects.
Sec. 11715. Requiring certain Federal officials to provide notice before carrying out
activities affecting real property located in District of Columbia.
Sec. 11716. Repeal term of deed of conveyance to certain hospital.
Sec. 11717. Short title of Home Rule Act.
CHAPTER 3—EFFECTIVE DATE; GENERAL PROVISIONS
Sec. 11721. Effective date.
Sec. 11722. Technical assistance.
Sec. 11723. Liability.
Subtitle A—District of Columbia
Retirement Funds
CHAPTER 1—SHORT TITLE; FINDINGS; DEFINITIONS
SEC. 11001. SHORT TITLE.
This subtitle may be cited as the ‘‘District of Columbia Retire-
ment Protection Act of 1997’’.
SEC. 11002. FINDINGS AND DECLARATION OF POLICY.
(a) FINDINGS.—The Congress finds that—
(1) State and municipal retirement programs should be
funded on an actuarially sound basis;
(2) the retirement programs for the police officers and
firefighters, teachers and judges of the District of Columbia
had significant unfunded liabilities totaling approximately
$1,900,000,000 when the Federal government transferred those
programs to the District of Columbia, and those liabilities have
since increased to nearly $4,800,000,000, an increase which
is almost entirely attributable to the accumulation of interest
on the value which existed at the time of transfer;
(3) the District of Columbia has fully met its financial
obligations under the District of Columbia Retirement Reform
Act of 1979 (Public Law 96–122);
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(4) the growth of the unfunded liabilities of the three
pension funds listed above did not occur because of any action
taken or any failure to act that lay within the power of the
District of Columbia government or the District of Columbia
Retirement Board;
(5) the presence of the unfunded pension liability is having
and will continue to have a negative impact on the District
of Columbia’s credit rating as it is a legal obligation and the
total unfunded liability exceeds the total General Obligation
debt of the District, and the costs associated with this liability
are a contributing cause of the District’s ongoing financial
crisis;
(6) the obligations of the District associated with these
pension programs in fiscal year 1997 represents nearly 10
percent of the District’s revenue;
(7) the annual Federal contribution toward these costs
under the District of Columbia Retirement Reform Act has
remained $52,000,000;
(8) if the unfunded pension liability situation is not
resolved, in 2004 the District of Columbia would be responsible
for annual costs exceeding $800,000,000, a figure which would
be impossible to meet without catastrophic impact on the Dis-
trict government’s resources and programs;
(9) the financial resources of the District of Columbia are
not adequate to discharge the unfunded liabilities of the retire-
ment programs; and
(10) the level of benefits and funding of the current retire-
ment programs were authorized by various Acts of Congress.
(b) POLICY.—It is the policy of this subtitle—
(1) to relieve the District of Columbia government of the
responsibility for the unfunded pension liabilities transferred
to it by the Federal government;
(2) for the Federal government to assume the legal respon-
sibility for paying certain pension benefits (including certain
unfunded pension liabilities which existed as of the day prior
to introduction of this legislation) for the retirement plans
of teachers, police, and firefighters;
(3) to provide for a responsible Federal system for payment
of benefits accrued prior to the date of introduction of this
legislation; and
(4) to require the establishment of replacement plans by
the District of Columbia government for the current retirement
plans for teachers, and police and firefighters.
SEC. 11003. DEFINITIONS.
For purposes of this subtitle, the following definitions shall
apply:
(1) The term ‘‘contract’’ means the contract under section
11035 between the Secretary and the Trustee.
(2) The term ‘‘covered District employee’’ means a teacher
of the District of Columbia public schools, or a member of
the Metropolitan Police Force or the Fire Department of the
District of Columbia, as defined under the District Retirement
Program.
(3) The term ‘‘District Government’’ means any entity treat-
ed as part of the District government under section 305(5)
of the District of Columbia Financial Responsibility and
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Management Assistance Act of 1995, including the District
of Columbia Retirement Board (as defined in section 102(5)
of the Reform Act).
(4) The term ‘‘District Retirement Fund’’ means the District
of Columbia Police Officers and Fire Fighters Retirement Fund
and the District of Columbia Teachers Retirement Fund, as
defined in the Reform Act.
(5) The term ‘‘District Retirement Program’’ means any
of the retirement programs for teachers and members of the
Metropolitan Police Force and Fire Department, as described
in section 102(7) of the Reform Act as in effect on the day
before the freeze date (except as amended by section 11013).
(6) The term ‘‘enrolled actuary’’ means the enrolled actuary
engaged by the Trustee under section 11061(a).
(7) The term ‘‘Federal benefit payment’’ means a payment
described in section 11012.
(8) The term ‘‘Federal Supplemental Fund’’ means the Fed-
eral Supplemental District of Columbia Pension Fund created
under section 11051.
(9) The term ‘‘freeze date’’ means June 30, 1997.
(10) The term ‘‘person’’ means an individual, partnership,
joint venture, corporation, mutual company, joint-stock com-
pany, trust, estate, unincorporated organization, association,
or employee organization.
(11) The term ‘‘Reform Act’’ means the District of Columbia
Retirement Reform Act (Public Law 96–122).
(12) The term ‘‘replacement plan’’ means the plan described
in section 11042.
(13) The term ‘‘replacement plan adoption date’’ means
the date upon which the legislation establishing the replace-
ment plan becomes effective, or the first day after the expiration
of the 1-year period which begins on the date of the enactment
of this Act, whichever occurs first.
(14) The term ‘‘Trust Fund’’ means the District of Columbia
Federal Pension Liability Trust Fund established under section
11031.
(15) The term ‘‘Secretary’’ means the Secretary of the Treas-
ury or the Secretary’s designee.
(16) The term ‘‘Trustee’’ means the person or persons
selected by the Secretary under section 11035.
CHAPTER 2—FEDERAL BENEFIT PAYMENTS UNDER
DISTRICT RETIREMENT PROGRAMS
SEC. 11011. OBLIGATION OF FEDERAL GOVERNMENT TO MAKE BENE-
FIT PAYMENTS.
(a) IN GENERAL.—In accordance with the provisions of this
subtitle, the Federal Government shall make Federal benefit pay-
ments associated with the pension plans for police officers, fire-
fighters, and teachers of the District of Columbia.
(b) NO REVERSION OF FEDERAL RESPONSIBILITY TO DISTRICT.—
At no point after the effective date of this subtitle may the respon-
sibility or any part thereof assigned to the Federal Government
under subsection (a) for making Federal benefit payments revert
to the District of Columbia.