H. R. 2015—477
SEC. 11054. DETERMINATION OF METHODOLOGY FOR MAKING PAY-
MENTS.
(a) NOTICE TO PRESIDENT AND CONGRESS.—Not later than 18
months before the time that assets remaining in the Trust Fund
are projected to be insufficient for making Federal benefit payments
and covering necessary administrative expenses when due, the Sec-
retary shall so advise the President and the Congress.
(b) SELECTION OF METHODOLOGY.—Before all available assets
of the Trust Fund have been depleted, the Secretary shall determine
whether Federal benefit payments and necessary administrative
expenses under this subtitle shall be made by one of the following
methods:
(1) Continuation of the Trust Fund using payments from
the Federal Supplemental Fund.
(2) Discontinuation of the Trust Fund, with payments
made—
(A) by direct payment by the Secretary from the Fed-
eral Supplemental Fund; or
(B) from the Federal Supplemental Fund through
another department or agency of the United States.
(c) ARRANGEMENTS BY SECRETARY.—The Secretary shall make
appropriate arrangements to implement the determinations made
in this subsection.
SEC. 11055. SPECIAL REQUIREMENTS UPON DISCONTINUATION OF
TRUST FUND.
(a) SUCCESSOR TO TRUSTEE.—If the Secretary determines that
the Trust Fund shall be discontinued after it has been depleted
of assets, the Secretary shall appoint a successor to the Trustee
to administer the requirements of this subtitle, with the same
powers and subject to the same conditions as were applicable to
the Trustee.
(b) CONTINUING APPLICATION
OF TERMS
AND CONDITIONS.—
The methodology selected by the Secretary under section 11054(b),
and the payment of benefits pursuant to such methodology, shall
be subject to the same arrangements, terms, and conditions as
were applicable under this subtitle to the Trust Fund and the
benefits paid under the Trust Fund (including provisions relating
to the treatment of the Trust Fund under certain laws).
CHAPTER 7—REPORTS
SEC. 11061. ANNUAL VALUATIONS AND REPORTS BY ENROLLED ACTU-
ARY.
(a) DETERMINATION OF ACTUARIAL VALUATIONS.—The Trustee
shall engage an enrolled actuary (as defined in section 7701(a)(35)
of the Internal Revenue Code of 1986) who is a member of the
American Academy of Actuaries to shall perform an annual actuar-
ial valuation (in a manner and form determined by the Secretary)
of the Trust Fund and the Federal Supplemental Fund for obliga-
tions assumed by the Federal Government under this subtitle.
(b) ANNUAL REPORT ON STATUS OF FUNDS.—The enrolled actu-
ary shall prepare and submit to the Secretary and the Trustee
an annual report on the actuarial status of the Trust Fund and
the Federal Supplemental Fund, and shall include in the report—
H. R. 2015—478
(1) a projection of when assets in the Trust Fund will
be insufficient to pay benefits and necessary administrative
expenses when due; and
(2) a determination of the annual payment to the Federal
Supplemental Fund under section 11053.
SEC. 11062. REPORTS BY COMPTROLLER GENERAL.
(a) IN GENERAL.—The Comptroller General is authorized to
conduct evaluations of the administration of this subtitle to ensure
that the Trust Fund and Federal Supplemental Fund are being
properly administered and shall report the findings of such evalua-
tions to the Secretary and the Congress.
(b) ACCESS TO INFORMATION.—For the purpose of evaluations
under subsection (a) the Comptroller General, subject to section
6103 of the Internal Revenue Code of 1986, shall have access
to and the right to copy any books, accounts, records, correspondence
or other pertinent documents that are in the possession of the
Secretary or the Trustee, or any contractor or subcontractor of
the Secretary or the Trustee.
CHAPTER 8—JUDICIAL ENFORCEMENT
SEC. 11071. JUDICIAL REVIEW.
(a) IN GENERAL.—A civil action may be brought—
(1) by a participant or beneficiary to enforce or clarify
rights to benefits from the Trust Fund or Federal Supplemental
Fund under this subtitle;
(2) by the Trustee—
(A) to enforce any claim arising (in whole or in part)
under this subtitle or the contract; or
(B) to recover benefits improperly paid from the Trust
Fund or Federal Supplemental Fund or to clarify a partici-
pant’s or beneficiary’s rights to benefits from the Trust
Fund or Federal Supplemental Fund; and
(3) by the Secretary to enforce any provision of this subtitle
or the contract.
(b) TREATMENT OF TRUST FUND.—The Trust Fund may sue
and be sued as an entity.
(c) EXCLUSIVE REMEDY.—This chapter shall be the exclusive
means for bringing actions against the Trust Fund, the Trustee
or the Secretary under this subtitle.
SEC. 11072. JURISDICTION AND VENUE.
(a) IN GENERAL.—The United States District Court for the
District of Columbia shall have exclusive jurisdiction and venue,
regardless of the amount in controversy, of—
(1) civil actions brought by participants or beneficiaries
pursuant to this subtitle, and
(2) any other action otherwise arising (in whole or part)
under this subtitle or the contract.
(b) REVIEW BY COURT OF APPEALS.—Notwithstanding any other
provision of law, any order of the United States District Court
for the District of Columbia issued pursuant to an action described
in subsection (a) that concerns the validity or enforceability of
any provision of this subtitle or seeks injunctive relief against
the Secretary or Trustee under this subtitle shall be reviewable
only pursuant to a notice of appeal to the United States Court
of Appeals for the District of Columbia Circuit.
H. R. 2015—479
(c) REVIEW BY SUPREME COURT.—Notwithstanding any other
provision of law, review by the Supreme Court of the United States
of a decision of the Court of Appeals that is issued pursuant
to subsection (b) may be had only if the petition for relief is
filed within 20 calendar days after the entry of such decision.
(d) RESTRICTIONS ON DECLARATORY OR INJUNCTIVE RELIEF.—
No order of any court granting declaratory or injunctive relief
against the Secretary or the Trustee shall take effect during the
pendency of the action before such court, during the time an appeal
may be taken, or (if an appeal is taken or petition for certiorari
filed) during the period before the court has entered its final order
disposing of the action.
SEC. 11073. STATUTE OF LIMITATIONS.
(a) ACTION FOR BENEFITS.—Any civil action by an individual
with respect to a Federal benefit payment under this subtitle shall
be commenced within 180 days of a final benefit determination.
(b) ACTION FOR BREACH OF CONTRACT OR OTHER VIOLATIONS.—
Except as provided in subsection (c), any civil action for breach
of the contract or any other violation of this subtitle shall be
commenced within the later of—
(1) six years after the last act that constituted the alleged
breach or violation or, in the case of an omission, six years
after the last date on which the alleged breach or violation
could have been cured; or
(2) three years after the earliest date on which the plaintiff
knew or could have reasonably been expected to have known
of the act or omission on which the action is based.
(c) SPECIAL RULE FOR ACTIONS AGAINST SECRETARY.—Notwith-
standing subsection (b), any action against the Secretary arising
(in whole or part) under this subtitle or the contract shall be
commenced within one year of the events giving rise to the cause
of action.
SEC. 11074. TREATMENT OF MISAPPROPRIATION OF FUND AMOUNTS
AS FEDERAL CRIME.
The provisions of section 664 of title 18, United States Code
(relating to theft or embezzlement from employee benefit plans),
shall apply to the Trust Fund and the Federal Supplemental Fund.
CHAPTER 9—MISCELLANEOUS
SEC. 11081. COORDINATION BETWEEN SECRETARY, TRUSTEE, AND DIS-
TRICT GOVERNMENT.
The Secretary, Trustee, and District Government shall carry
out responsibilities under this subtitle and under the contract in
a manner which promotes the cost-effective and efficient administra-
tion of benefit payments under the District Retirement Programs,
and in a manner which avoids unnecessary interruptions and delays
in paying individuals the full benefits to which they are entitled
under such Programs.
SEC. 11082. STUDY OF ALTERNATIVES FOR FINANCING FEDERAL
OBLIGATIONS.
(a) IN GENERAL.—As soon as practicable after the date of the
enactment of this subtitle, the Secretary shall enter into a contract
with an independent consultant to conduct a study of actuarial
alternatives for financing the federal obligations assumed under
H. R. 2015—480
this subtitle, together with an analysis of the impact of each alter-
native on the federal budget. The Secretary and the District Govern-
ment shall cooperate with the consultant and shall provide direct
access to such information systems, records, documents, informa-
tion, or data as will enable the consultant to conduct the study.
(b) DEADLINE.—The contract entered into under subsection (a)
shall require the consultant to report the results of the study
not later than 12 months after the date of enactment of this Act.
(c) NO EFFECT
ON FEDERAL OBLIGATIONS.—Nothing in this
section may be construed to affect any obligation of the Federal
Government to make payments under this subtitle.
SEC. 11083. ISSUANCE OF REGULATIONS BY SECRETARY.
The Secretary is authorized to issue regulations to implement,
interpret, administer and carry out the purposes of this subtitle,
and, in the Secretary’s discretion, those regulations may have retro-
active effect.
SEC. 11084. EFFECT ON REFORM ACT AND OTHER LAWS.
(a) REFORM ACT.—
(1) IN GENERAL.—This subtitle supersedes any provision
of the Reform Act inconsistent with this subtitle and the regula-
tions thereunder.
(2) TERMINATION OF PAYMENTS TO DISTRICT RETIREMENT
FUNDS.—Section 144 of the Reform Act (DC Code, sec. 1–724)
is amended by adding at the end the following new subsection:
‘‘(f) Notwithstanding any other provision of this Act, no Federal
payments may be made to any Fund established by this title for
any fiscal year after fiscal year 1997.’’.
(b) NO EFFECT ON TAX TREATMENT OF BENEFITS.—Except as
otherwise specifically provided, nothing in this subtitle may be
construed to affect the application of any provision of the Internal
Revenue Code of 1986 to any annuity or other benefit provided
to or on behalf of any individual, including any disability benefit
or any portion of a retirement benefit attributable to an individual’s
disability status.
(c) NO EFFECT ON BENEFITS FOR PARK POLICE AND SECRET
SERVICE.—Nothing in this subtitle shall be deemed to alter or
amend in any way the provisions of existing law (including the
Reform Act) relating to the program of annuities, other retirement
benefits, or medical benefits for members and officers, retired mem-
bers and officers, and survivors thereof, of the United States Park
Police force, the United States Secret Service, or the United States
Secret Service Uniformed Division.
SEC. 11085. REFERENCE TO NEW FEDERAL PROGRAM FOR RETIRE-
MENT OF JUDGES OF DISTRICT OF COLUMBIA COURTS.
For provisions describing the retirement program for judges
and judicial personnel of the District of Columbia, see subchapter
B of chapter 4 of subtitle C.
SEC. 11086. FULL FAITH AND CREDIT.
Federal obligations for benefits under this subtitle are backed
by the full faith and credit of the United States.
SEC. 11087. SEVERABILITY OF PROVISIONS.
If any provision of this subtitle, or the application of such
provision to any person or circumstances, shall be held invalid,
H. R. 2015—481
the remainder of this subtitle, or the application of such provision
to persons or circumstances other than those as to which it is
held invalid, shall not be affected thereby.
Subtitle B—Management Reform Plans
SEC. 11101. SHORT TITLE.
This subtitle may be cited as the ‘‘District of Columbia Manage-
ment Reform Act of 1997’’.
SEC. 11102. MANAGEMENT REFORM PLANS FOR DISTRICT GOVERN-
MENT.
(a) IN GENERAL.—In accordance with the provisions of this
subtitle, the District of Columbia Financial Responsibility and
Management Assistance Authority (hereafter in this subtitle
referred to as the ‘‘Authority’’) and the government of the District
of Columbia shall develop and implement management reform
plans—
(1) for each of the departments of the government of the
District of Columbia described in paragraph (1) of subsection
(b); and
(2) for all entities of the government of the District of
Columbia with respect to the items described in paragraph
(2) of subsection (b).
(b) DEPARTMENTS AND ITEMS SUBJECT TO PLANS.—
(1) DEPARTMENTS DESCRIBED.—The departments referred
to in this paragraph are as follows:
(A) The Department of Administrative Services.
(B) The Department of Consumer and Regulatory
Affairs.
(C) The Department of Corrections.
(D) The Department of Employment Services.
(E) The Department of Fire and Emergency Medical
Services.
(F) The Department of Housing and Community Devel-
opment.
(G) The Department of Human Services.
(H) The Department of Public Works.
(I) The Public Health Department.
(2) ITEMS DESCRIBED.—The items referred to in this para-
graph are as follows:
(A) Asset management.
(B) Information resources management.
(C) Personnel.
(D) Procurement.
SEC. 11103. PROCEDURES FOR DEVELOPMENT OF PLANS.
(a) CONTRACTS WITH CONSULTANTS.—Not later than 30 days
after the date of the enactment of this Act (or, at the option
of the Authority and upon notification to Congress, not later than
60 days after such date), the Authority shall enter into contracts
with consultants to develop the management reform plans under
this subtitle.
(b) DEADLINE FOR SUBMISSION OF PLANS.—Under a contract
entered into with the Authority under subsection (a), a consultant
H. R. 2015—483
(B) APPOINTMENT
BY
AUTHORITY
IF
NO
NOMINATION
MADE WITHIN 30 DAYS.—During a control year, if the Mayor
fails to nominate an individual to fill a vacancy in the
position of the head of any of the departments described
in section 11102(b)(1) during the 30-day period which
begins on the date the vacancy begins (or during such
longer period as the Authority may establish, upon notifica-
tion to Congress), the Authority shall appoint an individual
to fill the vacancy.
(C) POSITIONS
DEEMED
VACANT
UPON
ENACTMENT.—
For purposes of this paragraph, a vacancy shall be deemed
to exist in the position of the head of each of the depart-
ments described in section 11102(b)(1) upon the date of
the enactment of this Act. Nothing in this subparagraph
shall be deemed to affect any of the powers and duties
of any individual serving as the head of such a department
as of such date.
(2) REMOVAL.—During a control year, the head of any of
the departments of the government of the District of Columbia
described in section 11102(b)(1) may be removed by the Author-
ity or by the Mayor with the approval of the Authority.
(3) CONTROL YEAR DEFINED.—In this subsection, the term
‘‘control year’’ has the meaning given such term in section
305(4) of the District of Columbia Financial Responsibility and
Management Assistance Act of 1995.
(b) CONTROL OVER PERSONNEL.—
(1) IN GENERAL.—Notwithstanding any other provision of
law and except as provided in paragraph (3), all personnel
of the departments of the government of the District of Colum-
bia described in section 11102(b)(1) shall be appointed by and
shall act under the direction and control of the head of the
department involved.
(2) REASSIGNMENT OF PERSONNEL.—The head of each of
the departments described in section 11102(b)(1) may reassign
any personnel of the department in such manner as the head
considers appropriate.
(3) REQUIREMENTS
FOR
ADVERSE
ACTIONS.—The head of
each of the departments described in section 11102(b)(1) may
take corrective or adverse action against any personnel of the
department pursuant to rules (promulgated consistent with
the publication and comment provisions of the District of
Columbia Administrative Procedure Act) which—
(A) provide that adverse actions may only be taken
for cause;
(B) define the causes for which a corrective or adverse
action may be taken;
(C) require prior written notice of the grounds on which
the action is proposed to be taken;
(D) require an opportunity to be heard (which may
be in writing only) before the action becomes effective,
unless the head of the department finds that taking action
prior to the exercise of such opportunity is necessary to
protect the integrity of government operations, in which
case a hearing shall be afforded within a reasonable time
after the action becomes effective; and
(E) provide that the head of the department shall
be the final administrative authority with respect to the
H. R. 2015—484
action, subject to judicial review of the record of the
administrative proceeding in an action against the District
of Columbia to be brought only in the Superior Court
for the District of Columbia.
SEC. 11106. NO EFFECT ON POWERS OF FINANCIAL RESPONSIBILITY
AND MANAGEMENT ASSISTANCE AUTHORITY.
Nothing in this subtitle may be construed to affect the authority
of the District of Columbia Financial Responsibility and Manage-
ment Assistance Authority to carry out any of its powers under
the District of Columbia Financial Responsibility and Management
Assistance Act of 1995.
Subtitle C—Criminal Justice
CHAPTER 1—CORRECTIONS
SEC. 11201. BUREAU OF PRISONS.
(a) FELONS SENTENCED PURSUANT TO THE TRUTH-IN-SENTENC-
ING REQUIREMENTS.—Not later than October 1, 2001, any person
who has been sentenced to incarceration pursuant to the District
of Columbia Code or the truth-in-sentencing system as described
in section 11211 shall be designated by the Bureau of Prisons
to a penal or correctional facility operated or contracted for by
the Bureau of Prisons, for such term of imprisonment as the court
may direct. Such persons shall be subject to any law or regulation
applicable to persons committed for violations of laws of the United
States consistent with the sentence imposed.
(b) FELONS SENTENCED PURSUANT TO THE D.C. CODE.—Not-
withstanding any other provision of law, not later than December
31, 2001, the Lorton Correctional Complex shall be closed and
the felony population sentenced pursuant to the District of Columbia
Code residing at the Lorton Correctional Complex shall be trans-
ferred to a penal or correctional facility operated or contracted
for by the Bureau of Prisons. Such persons shall be subject to
any law or regulation applicable to persons committed for violations
of laws of the United States consistent with the sentence imposed,
and the Bureau of Prisons shall be responsible for the custody,
care, subsistence, education, treatment and training of such persons.
(c) PRIVATIZATION.—
(1) TRANSITION OF INMATES FROM LORTON.—The Bureau
of Prisons shall house, in private contract facilities—
(A) at least 2000 District of Columbia sentenced felons
by December 31, 1999; and
(B) at least 50 percent of the District of Columbia
sentenced felony population by September 30, 2003.
(2) DUTIES OF DEPUTY ATTORNEY GENERAL.—The Deputy
Attorney General shall—
(A) be responsible for overseeing Bureau of Prisons
privatization activities; and
(B) submit a report to Congress on October 1 of each
year detailing the progress and status of compliance with
privatization requirements.
(3) DUTIES OF ATTORNEY GENERAL.—The Attorney General
shall—
(A) conduct a study of correctional privatization, includ-
ing a review of relevant research and related legal issues,
H. R. 2015—485
and comparative analysis of the cost effectiveness and fea-
sibility of private sector and Federal, State, and local
governmental operation of prisons and corrections pro-
grams at all security levels; and
(B) submit a report to Congress no later than one
year after the dater of enactment of this Act.
(d) SITE ACQUISITION AND CONSTRUCTION.—In order to house
the District of Columbia felony inmate population the Bureau of
Prisons shall acquire land, construct and build new facilities at
sites selected by the Bureau of Prisons, or contract for appropriate
bed space, but no facilities may be built on the grounds of the
Lorton Reservation.
(e) NATIONAL CAPITAL PLANNING.—Notwithstanding any other
provision of law, the requirements of the National Capital Planning
Act of 1952 (40 U.S.C. 71 et seq.) shall not apply to any actions
taken by the Bureau of Prisons or its agents or employees.
(f) DEPARTMENT OF CORRECTIONS AUTHORITY.—The District of
Columbia Department of Corrections shall remain responsible for
the custody, care, subsistence, education, treatment, and training
of any person convicted of a felony offense pursuant to the District
of Columbia Code and housed at the Lorton Correctional Complex
until December 31, 2001, or the date on which the last inmate
housed at the Lorton Correctional Complex is designated by the
Bureau of Prisons, whichever is earlier.
(g) LORTON CORRECTIONAL COMPLEX.—
(1) TRANSFER OF FUNCTIONS.—Notwithstanding any other
provision of law, to the extent the Bureau of Prisons assumes
functions of the Department of Corrections under this subtitle,
the Department is no longer responsible for such functions
and the provisions of ‘‘An Act to create a Department of Correc-
tions in the District of Columbia’’, approved June 27, 1946
(D.C. Code 24–441, 442), that apply with respect to such func-
tions are no longer applicable. Except as provided in paragraph
(2), any property on which the Lorton Correctional Complex
is located shall be transferred to the Department of the Interior.
(2) TRANSFER OF LAND.—
(A) IN GENERAL.—
(i) FAIRFAX COUNTY WATER AUTHORITY.—150 acres
of parcel 106–4–001–54 located west of Ox Road (State
Route 123) on which the Lorton Correctional Complex
is located shall be transferred, without consideration,
to the Fairfax County Water Authority of Fairfax, Vir-
ginia.
(ii) FAIRFAX COUNTY DEPARTMENT OF PARKS AND
RECREATION.—Any acres of parcel 106–4–001–54
located west of Ox Road (State Route 123) on which
the Lorton Correctional Complex is located not trans-
ferred under clause (i) shall be assigned to the Depart-
ment of the Interior, National Park Service, for convey-
ance to the Fairfax County Department of Parks and
Recreation for recreational purposes pursuant to the
section 203(k)(2) of the Federal Property and Adminis-
trative Services Act of 1949 (40 U.S.C. 484(k)(2)).
(B) CONDITION OF TRANSFER.—
H. R. 2015—486
(i) WATER SERVICES.—The United States Govern-
ment shall not transfer any parcels under this para-
graph unless the Fairfax County Water Authority cer-
tifies that it will continue to provide water services
to the Lorton Correctional Complex at the rate it pro-
vided water services prior to the transfer.
(ii) RESTRICTION ON TRANSFER.—No Federal agency
may transfer the property under this paragraph until
the prospective recipient of the property provides to
such agency—
(I) a land description survey suitable for
transferring property under Virginia law; and
(II) any necessary surveys to determine the
presence of any hazardous substances, contami-
nants or pollutants.
(iii) LORTON CORRECTIONAL COMPLEX.—The Lorton
Correctional Complex shall remain available for the
District of Columbia Department of Corrections to
house District of Columbia felony inmates until the
last inmate at the Complex has been designated by
the Bureau of Prisons or until December 31, 2003,
whichever is earlier.
(C) AUTHORIZATION.—The General Services Adminis-
tration and the National Park Service is authorized to
expend any funds necessary to ensure that the transfer
or conveyance under subparagraph (A) complies with all
applicable environmental and historic preservation laws.
(3) WATER MAINS.—Any water mains located on or across
the Lorton Correctional Complex on the date of the transfers
under paragraph (2), that are owned by the Fairfax County
Water Authority and provide water to the public, shall be
permitted to remain in place, and shall be operated, maintained,
repaired, and replaced by the Fairfax County Water Authority
or a successor agency furnishing water to the public in Fairfax
County or adjacent jurisdictions, but shall not interfere with
operations of the Lorton Correctional Complex.
(g) DISTRICT OF COLUMBIA CORRECTIONS INFORMATION COUN-
CIL.—
(1) ESTABLISHMENT.—There is established a council to be
known as the District of Columbia Correction Information
Council (hereafter referred to as ‘‘Council’’.
(2) MEMBERSHIP.—The Council shall be composed of 3 mem-
bers appointed as follows:
(A) 2 individuals appointed by the mayor of the District
of Columbia.
(B) 1 individual appointed by the Council of the District
of Columbia.
(3) COMPENSATION.—Members of the Council may not
receive pay, allowances, or benefits by reason of their service
on the Council.
(4) DUTIES.—The Council shall report to the Director of
the Bureau of Prisons with advice and information regarding
matters affecting the District of Columbia sentenced felon popu-
lation.
(h) TIMING OF INMATE TRANSFERS.—As soon as practicable after
the date of the enactment of this Act, the Director of the Bureau