IB
105TH CONGRESS
1ST SESSION
H. R. 2607
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 9, 1997
Ordered to be printed with the amendments of the Senate numbered
AN ACT
Making appropriations for the government of the District
of Columbia and other activities chargeable in whole
or in part against the revenues of said District for the
fiscal year ending September 30, 1998, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
Ω1æThat the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
District of Columbia for the fiscal year ending September
30, 1998, and for other purposes, namely:
HR 2607 PP
TITLE I—FISCAL YEAR 1998
APPROPRIATIONS
FEDERAL FUNDS
FEDERAL CONTRIBUTION TO THE OPERATIONS OF THE
NATION’S CAPITAL
For a Federal contribution to the District of Colum-
bia towards the costs of the operation of the government
of the District of Columbia, $180,000,000; as authorized
by section 11601 of the National Capital Revitalization
and Self-Government Improvement Act of 1997, Public
Law 105–33.
OFFICE OF THE INSPECTOR GENERAL
For the Office of the Inspector General, $2,000,000,
to prevent and detect fraud, waste, and abuse in the pro-
grams and operations of all functions, activities, and enti-
ties within the government of the District of Columbia.
METROPOLITAN POLICE DEPARTMENT
For
the
Metropolitan
Police
Department,
$5,400,000, for a 5 percent pay increase for sworn officers
who perform primarily nonadministrative public safety
services and are certified by the Chief of Police as having
met certain minimum standards referred to in section 148
of this Act.
HR 2607 PP
FIRE AND EMERGENCY MEDICAL SERVICES
DEPARTMENT
For the Fire and Emergency Medical Services De-
partment, $2,600,000, for a 5 percent pay increase for
uniformed fire fighters.
FEDERAL CONTRIBUTION TO PUBLIC SCHOOLS
For the public schools of the District of Columbia,
$1,000,000, which shall be paid to the District Education
and Learning Technologies Advancement (DELTA) Coun-
cil established by section 2604 of the District of Columbia
School Reform Act of 1995, Public Law 104–134, within
10 days of the effective date of the appointment of a ma-
jority of the Council’s members.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA
CORRECTIONS TRUSTEE OPERATIONS
For payment to the District of Columbia Corrections
Trustee for the administration and operation of correc-
tional facilities, $169,000,000, as authorized by the Na-
tional Capital Revitalization and Self-Government Im-
provement Act of 1997, Public Law 105–33.
PAYMENT
TO
THE DISTRICT
OF COLUMBIA CORREC-
TIONS TRUSTEE
FOR CORRECTIONAL FACILITIES,
CONSTRUCTION AND REPAIR
For payment to the District of Columbia Corrections
Trustee for Correctional Facilities, $302,000,000, to re-
HR 2607 PP
main available until expended, of which not less than
$294,900,000 is available for transfer to the Federal Pris-
on System, as authorized by section 11202 of the National
Capital Revitalization and Self-Government Improvement
Act of 1997; and $7,100,000 shall be for security improve-
ments and repairs at the Lorton Correctional Complex.
EXECUTIVE OFFICE OF THE PRESIDENT
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA
CRIMINAL JUSTICE SYSTEM
(INCLUDING TRANSFER OF FUNDS)
Pursuant to the National Capital Revitalization and
Self-Government Improvement Act of 1997 (Public Law
105–33) $146,000,000 for the Office of Management and
Budget, of which: (1) not to exceed $121,000,000 shall
be transferred to the Joint Committee on Judicial Admin-
istration in the District of Columbia for operation of the
District of Columbia Courts; (2) not to exceed $2,000,000
shall be transferred to the District of Columbia Truth in
Sentencing Commission to implement section 11211 of the
National Capital Revitalization and Self-Government Im-
provement Act of 1997; (3) not to exceed $22,200,000
shall be transferred to the Pretrial Services, Defense Serv-
ices, Parole, Adult Probation, and Offender Supervision
Trustee for expenses relating to pretrial services, defense
services, parole, adult probation and offender supervision
in the District of Columbia, and for operating expenses
HR 2607 PP
of the Trustee; and (4) not to exceed $800,000 shall be
transferred to the United States Parole Commission to im-
plement section 11231 of the National Capital Revitaliza-
tion and Self-Government Improvement Act of 1997.
UNITED STATES PARK POLICE
For payment to the United States Park Police for
policing services performed within the District of Colum-
bia, $12,500,000.
FEDERAL CONTRIBUTION TO THE DISTRICT OF
COLUMBIA SCHOLARSHIP FUND
For the District of Columbia Scholarship Fund,
$7,000,000, as authorized by section 342 of this Act for
scholarships to students of low-income families in the Dis-
trict of Columbia to enable them to have educational
choice.
DIVISION OF EXPENSES
The following amounts are appropriated for the Dis-
trict of Columbia for the current fiscal year out of the
general fund of the District of Columbia, except as other-
wise specifically provided.
DISTRICT OF COLUMBIA TAXPAYERS RELIEF FUND
For the District of Columbia Taxpayers Relief Fund,
an amount equal to the difference between the amount of
District of Columbia local revenues provided under this
Act and the actual amount of District of Columbia local
HR 2607 PP
revenues generated during fiscal year 1998 (as determined
and certified by the Chief Financial Officer of the District
of Columbia): Provided, That such amount shall be depos-
ited into an escrow account held by the District of Colum-
bia Financial Responsibility and Management Assistance
Authority, which shall allocate the funds to the Mayor,
or such other District official as the Authority may deem
appropriate, in amounts and in a manner consistent with
the requirements of this Act: Provided further, That these
funds shall only be used to offset reductions in District
of Columbia local revenues as a result of reductions in Dis-
trict of Columbia taxes or fees enacted by the Council of
the District of Columbia (based upon the recommenda-
tions of the District of Columbia Tax Revision Commis-
sion and the Business Regulatory Reform Commission)
and effective no later than October 1, 1998.
DISTRICT OF COLUMBIA DEFICIT REDUCTION FUND
For the District of Columbia Deficit Reduction Fund,
$200,000,000, to be deposited into an escrow account held
by the District of Columbia Financial Responsibility and
Management Assistance Authority, which shall allocate
the funds to the Mayor, or such other District official as
the Authority may deem appropriate, at such intervals and
in accordance with such terms and conditions as the Au-
thority considers appropriate: Provided, That an addi-
HR 2607 PP
tional amount shall be deposited into the Fund each
month equal to the amount saved by the District of Co-
lumbia during the previous month as a result of cost-sav-
ing initiatives of the Mayor of the District of Columbia
(described in the fiscal year 1998 budget submission of
June 1997), as determined and certified by the Chief Fi-
nancial Officer of the District of Columbia: Provided fur-
ther, That the District government shall make every effort
to implement such cost-saving initiatives so that the total
amount saved by the District of Columbia during all
months of fiscal year 1998 as a result of such initiatives
is equal to or greater than $100,000,000: Provided fur-
ther, That the Chief Financial Officer shall submit a re-
port to Congress not later than January 1, 1998, on a
timetable for the implementation of such initiatives under
which all such initiatives shall be implemented by not later
than September 30, 1998: Provided further, That amounts
in the Fund shall only be used for reduction of the accu-
mulated general fund deficit existing as of September 30,
1997.
GOVERNMENTAL DIRECTION AND SUPPORT
Governmental direction and support, $119,177,000
and
1,479
full-time
equivalent
positions
(including
$98,316,000, and 1,400 full-time equivalent positions
from local funds, $14,013,000 and 9 full-time equivalent
HR 2607 PP
positions from Federal funds, and $6,848,000 and 70 full-
time equivalent positions from other funds): Provided,
That not to exceed $2,500 for the Mayor, $2,500 for the
Chairman of the Council of the District of Columbia, and
$2,500 for the City Administrator shall be available from
this appropriation for official purposes: Provided further,
That any program fees collected from the issuance of debt
shall be available for the payment of expenses of the debt
management program of the District of Columbia: Pro-
vided further, That no revenues from Federal sources shall
be used to support the operations or activities of the State-
hood Commission and Statehood Compact Commission:
Provided further, That the District of Columbia shall iden-
tify the sources of funding for Admission to Statehood
from its own locally-generated revenues: Provided further,
That $240,000 shall be available for citywide special elec-
tions: Provided further, That all employees permanently
assigned to work in the Office of the Mayor shall be paid
from funds allocated to the Office of the Mayor.
ECONOMIC DEVELOPMENT AND REGULATION
Economic development and regulation, $120,072,000
and
1,283
full-time
equivalent
positions
(including
$40,377,000 and 561 full-time equivalent positions from
local funds, $42,065,000 and 526 full-time equivalent po-
sitions from Federal funds, and $25,630,000 and 196 full-
HR 2607 PP
time
equivalent
positions
from
other
funds
and
$12,000,000 collected in the form of Business Improve-
ment Districts tax revenue collected by the District of Co-
lumbia on behalf of business improvement districts pursu-
ant to the Business Improvement Districts Act of 1996,
effective May 29, 1996 (D.C. Law 11–134; D.C. Code,
sec. 1–2271 et seq.) and the Business Improvement Dis-
tricts Temporary Amendment Act of 1997 (Bill 12–230).
PUBLIC SAFETY AND JUSTICE
Public safety and justice, including purchase of 135
passenger-carrying vehicles for replacement only, includ-
ing 130 for police-type use and five for fire-type use, with-
out regard to the general purchase price limitation for the
current fiscal year, $502,970,000 and 9,719 full-time
equivalent positions (including $483,557,000 and 9,642
full-time
equivalent
positions
from
local
funds,
$13,519,000 and 73 full-time equivalent positions from
Federal funds, and $5,894,000 and 4 full-time equivalent
positions from other funds): Provided, That the Metropoli-
tan Police Department is authorized to replace not to ex-
ceed 25 passenger-carrying vehicles and the Department
of Fire and Emergency Medical Services of the District
of Columbia is authorized to replace not to exceed five pas-
senger-carrying vehicles annually whenever the cost of re-
pair to any damaged vehicle exceeds three-fourths of the
HR 2607 PP
shall be $500,000: Provided further, That the District of
Columbia government may not require the District of Co-
lumbia Fire Department to submit to any other procure-
ment review or contract approval process, or to obtain the
approval of or be restricted in any manner by any official
or employee of the District of Columbia government, for
purchases that do not exceed $500,000: Provided further,
That the Mayor shall reimburse the District of Columbia
National Guard for expenses incurred in connection with
services that are performed in emergencies by the National
Guard in a militia status and are requested by the Mayor,
in amounts that shall be jointly determined and certified
as due and payable for these services by the Mayor and
the Commanding General of the District of Columbia Na-
tional Guard: Provided further, That such sums as may
be necessary for reimbursement to the District of Colum-
bia National Guard under the preceding proviso shall be
available from this appropriation, and the availability of
the sums shall be deemed as constituting payment in ad-
vance for emergency services involved: Provided further,
That the Metropolitan Police Department is authorized to
maintain 3,800 sworn officers, with leave for a 50 officer
attrition: Provided further, That no more than 15 mem-
bers of the Metropolitan Police Department shall be de-
tailed or assigned to the Executive Protection Unit, until
HR 2607 PP
the Chief of Police submits a recommendation to the
Council for its review: Provided further, That $100,000
shall be available for inmates released on medical and geri-
atric
parole:
Provided
further,
That
not
less
than
$2,254,754 shall be available to support a pay raise for
uniformed firefighters, when authorized by the District of
Columbia Council and the District of Columbia Financial
Responsibility and Management Assistance Authority,
which funding will be made available as savings are
achieved through actions within the appropriated budget:
Provided further, That funds appropriated for expenses
under the District of Columbia Criminal Justice Act, ap-
proved September 3, 1974 (88 Stat. 1090; Public Law
93–412; D.C. Code, sec. 11–2601 et seq.), for the fiscal
year ending September 30, 1998, shall be available for ob-
ligations incurred under the Act in each fiscal year since
inception in fiscal year 1975: Provided further, That funds
appropriated for expenses under the District of Columbia
Neglect Representation Equity Act of 1984, effective
March 13, 1985 (D.C. Law 5–129; D.C. Code, Sec. 16–
2304), for the fiscal year ending September 30, 1998,
shall be available for obligations incurred under the Act
in each fiscal year since inception in fiscal year 1985: Pro-
vided further, That funds appropriated for expenses under
the District of Columbia Guardianship, Protective Pro-
HR 2607 PP
ceedings, and Durable Power of Attorney Act of 1986, ef-
fective February 27, 1987 (D.C. Law 6–204; D.C. Code,
sec. 21–2060), for the fiscal year ending September 30,
1998, shall be available for obligations incurred under the
Act in each fiscal year since inception in fiscal year 1989:
Provided further, That not to exceed $1,500 for the Chief
Judge of the District of Columbia Court of Appeals,
$1,500 for the Chief Judge of the Superior Court of the
District of Columbia, and $1,500 for the Executive Officer
of the District of Columbia Courts shall be available from
this appropriation for official purposes.
PUBLIC EDUCATION SYSTEM
Public education system, including the development
of national defense education programs, $673,444,000
and
11,314
full-time
equivalent
positions
(including
$531,197,000 and 9,595 full-time equivalent positions
from local funds, $112,806,000 and 1,424 full-time equiv-
alent positions from Federal funds, and $29,441,000 and
295 full-time equivalent positions from other funds), to
be allocated as follows: $560,114,000 and 9,979 full-time
equivalent positions (including $456,128,000 and 8,623
full-time
equivalent
positions
from
local
funds,
$98,491,000 and 1,251 full-time equivalent positions from
Federal funds, and $5,495,000 and 105 full-time equiva-
lent positions from other funds), for the public schools of
HR 2607 PP
the District of Columbia; $5,250,000 (including $300,000
for the Public Charter School Board) from local funds for
public charter schools: Provided, That if the entirety of
this allocation has not been provided as payments to one
or more public charter schools by May 15, 1998, and re-
mains unallocated, the funds will revert to the general
fund of the District of Columbia in accordance with sec-
tion 2403(a)(2)(D) of the District of Columbia School Re-
form Act of 1995 (Public Law 104–134); $8,900,000 from
local funds for the District of Columbia Teachers’ Retire-
ment Fund; $1,000,000 from local funds for the District
Education
and
Learning
Technologies
Advancement
(DELTA) Council to be paid to the Council within 10 days
of the effective date of the appointment of a majority of
the Council’s members; $70,687,000 and 872 full-time
equivalent positions (including $37,126,000 and 562 full-
time equivalent positions from local funds, $12,804,000
and 156 full-time equivalent positions from Federal funds,
and $20,757,000 and 154 full-time equivalent positions
from other funds) for the University of the District of Co-
lumbia (excluding the U.D.C. School of Law); $3,400,000
and 45 full-time equivalent positions (including $665,000
and 10 full-time equivalent positions from local funds and
$2,735,000 and 35 full-time equivalent positions from
other funds) for the U.D.C. School of Law; $22,036,000
HR 2607 PP
and
409
full-time
equivalent
positions
(including
$20,424,000 and 398 full-time equivalent positions from
local funds, $1,158,000 and 10 full-time equivalent posi-
tions from Federal funds, and $454,000 and 1 full-time
equivalent position from other funds) for the Public Li-
brary; $2,057,000 and 9 full-time equivalent positions (in-
cluding $1,704,000 and 2 full-time equivalent positions
from local funds and $353,000 and 7 full-time equivalent
positions from Federal funds) for the Commission on the
Arts and Humanities: Provided, That the public schools
of the District of Columbia are authorized to accept not
to exceed 31 motor vehicles for exclusive use in the driver
education program: Provided further, That not to exceed
$2,500 for the Superintendent of Schools, $2,500 for the
President of the University of the District of Columbia,
and $2,000 for the Public Librarian shall be available
from this appropriation for official purposes: Provided fur-
ther, That not less than $1,200,000 shall be available for
local school allotments in a restricted line item: Provided
further, That not less than $4,500,000 shall be available
to support kindergarten aides in a restricted line item:
Provided further, That not less than $2,800,000 shall be
available to support substitute teachers in a restricted line
item: Provided further, That not less than $1,788,000
shall be available in a restricted line item for school coun-
HR 2607 PP
selors: Provided further, That this appropriation shall not
be available to subsidize the education of nonresidents of
the District of Columbia at the University of the District
of Columbia, unless the Board of Trustees of the Univer-
sity of the District of Columbia adopts, for the fiscal year
ending September 30, 1998, a tuition rate schedule that
will establish the tuition rate for nonresident students at
a level no lower than the nonresident tuition rate charged
at comparable public institutions of higher education in
the metropolitan area: Provided further, That not less than
$584,000 shall be available to support high school dropout
prevention programs: Provided further, That not less than
$295,000 shall be available for youth leadership and con-
flict resolution programs: Provided further, That not less
than $10,000,000 shall be available to support a pay raise
for principals and assistant principals of the District of
Columbia Public Schools, and for teachers of the Schools
with valid teaching credentials who are primarily engaged
in classroom instruction during the SY 1997–1998: Pro-
vided further, That not less than $250,000 shall be avail-
able to support Truancy Prevention Programs: Provided
further, That by the end of fiscal year 1998, the District
of Columbia Schools shall designate at least 2 or more
District of Columbia Public School buildings as ‘‘Commu-
nity Hubs’’ which, in addition to serving as educational
HR 2607 PP
facilities, shall serve as multi-purpose centers that provide
opportunities to integrate support services and enable
inter-generational users to meet the lifelong learning needs
of community residents, and may support the following ac-
tivities: before and after school care; counseling; tutoring;
vocational and career training; art and sports programs;
housing assistance; family literacy; health and nutrition
programs; parent education; employment assistance; adult
education; and access to state-of-the art technology.
HUMAN SUPPORT SERVICES
Human support services, $1,718,939,000 and 6,096
full-time equivalent positions (including $789,350,000 and
3,583 full-time equivalent positions from local funds,
$886,702,000 and 2,444 full-time equivalent positions
from Federal funds, and $42,887,000 and 69 full-time
equivalent positions from other funds): Provided, That
$21,089,000 of this appropriation, to remain available
until expended, shall be available solely for District of Co-
lumbia employees’ disability compensation: Provided fur-
ther, That a Peer Review Committee shall be established
to review medical payments and the type of service re-
ceived by a disability compensation claimant: Provided fur-
ther, That the District of Columbia shall not provide free
government services such as water, sewer, solid waste dis-
posal or collection, utilities, maintenance, repairs, or simi-
HR 2607 PP
lar services to any legally constituted private nonprofit or-
ganization (as defined in section 411(5) of Public Law
100–77, approved July 22, 1987) providing emergency
shelter services in the District, if the District would not
be qualified to receive reimbursement pursuant to the
Stewart B. McKinney Homeless Assistance Act, approved
July 22, 1987 (101 Stat. 485; Public Law 100–77; 42
U.S.C. 11301 et seq.).
PUBLIC WORKS
Public works, including rental of one passenger-car-
rying vehicle for use by the Mayor and three passenger-
carrying vehicles for use by the Council of the District of
Columbia
and
leasing
of
passenger-carrying
vehicles
$241,934,000 and 1,292 full-time equivalent positions (in-
cluding $227,983,000 and 1,162 full-time equivalent posi-
tions from local funds, $3,350,000 and 51 full-time equiv-
alent positions from Federal funds, and $10,601,000 and
79 full-time equivalent positions from other funds): Pro-
vided, That this appropriation shall not be available for
collecting ashes or miscellaneous refuse from hotels and
places of business: Provided further, That $3,000,000 shall
be available for the lease financing, operation, and mainte-
nance of two mechanical street sweepings, one flusher
truck, 5 packer trucks, one front-end loader, and various
HR 2607 PP
public litter containers: Provided further, That $2,400,000
shall be available for recycling activities.
WASHINGTON CONVENTION CENTER FUND TRANSFER
PAYMENT
For payment to the Washington Convention Center
Enterprise Fund, $5,400,000 from local funds.
REPAYMENT OF LOANS AND INTEREST
For reimbursement to the United States of funds
loaned in compliance with An Act to provide for the estab-
lishment of a modern, adequate, and efficient hospital cen-
ter in the District of Columbia, approved August 7, 1946
(60 Stat. 896; Public Law 79–648); section 1 of An Act
to authorize the Commissioners of the District of Colum-
bia to borrow funds for capital improvement programs and
to amend provisions of law relating to Federal Govern-
ment participation in meeting costs of maintaining the
Nation’s Capital City, approved June 6, 1958 (72 Stat.
183; Public Law 85–451; D.C. Code, sec. 9–219); section
4 of An Act to authorize the Commissioners of the District
of Columbia to plan, construct, operate, and maintain a
sanitary sewer to connect the Dulles International Airport
with the District of Columbia system, approved June 12,
1960 (74 Stat. 211; Public Law 86–515); sections 723
and 743(f) of the District of Columbia Home Rule Act
of 1973, approved December 24, 1973, as amended (87
HR 2607 PP
Stat. 821; Public Law 93–198; D.C. Code, sec. 47–321,
note; 91 Stat. 1156; Public Law 95–131; D.C. Code, sec.
9–219, note), including interest as required thereby,
$366,976,000 from local funds.
REPAYMENT OF GENERAL FUND RECOVERY DEBT
For the purpose of eliminating the $331,589,000
general fund accumulated deficit as of September 30,
1990, $39,020,000 from local funds, as authorized by sec-
tion 461(a) of the District of Columbia Home Rule Act,
approved December 24, 1973, as amended (105 Stat. 540;
Public Law 102–106; D.C. Code, sec. 47–321(a)(1)).
PAYMENT OF INTEREST ON SHORT-TERM BORROWING
For payment of interest on short-term borrowing,
$12,000,000 from local funds.
CERTIFICATES OF PARTICIPATION
For lease payments in accordance with the Certifi-
cates of Participation involving the land site underlying
the building located at One Judiciary Square, $7,923,000.
HUMAN RESOURCES DEVELOPMENT
For Human resources development, including costs of
increased employee training, administrative reforms, and
an executive compensation system, $6,000,000.
HR 2607 PP
MANAGEMENT REFORM AND PRODUCTIVITY FUND
For the Management Reform and Productivity Fund,
$5,000,000, to improve management and service delivery
in the District of Columbia.
CRITICAL IMPROVEMENTS AND REPAIRS TO SCHOOL
FACILITIES AND STREETS
For expenditures for immediate, one-time critical im-
provements and repairs to school facilities (including roof,
boiler, and chiller renovation or replacement) and for
neighborhood and other street repairs, to be completed not
later than August 1, 1998, $30,000,000, to be derived
from current local general fund operating revenues, to be
expended on a pay-as-you-go basis.
DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY
AND MANAGEMENT ASSISTANCE AUTHORITY
For the District of Columbia Financial Responsibility
and Management Assistance Authority, established by sec-
tion 101(a) of the District of Columbia Financial Respon-
sibility and Management Assistance Act of 1995, approved
April 17, 1995 (109 Stat. 97; Public Law 104–8),
$3,220,000.
WATER AND SEWER AUTHORITY AND THE WASHINGTON
AQUEDUCT
For the Water and Sewer Authority and the Wash-
ington Aqueduct, $297,310,000 from other funds (includ-
HR 2607 PP
ing $263,425,000 for the Water and Sewer Authority and
$33,885,000 for the Washington Aqueduct) of which
$41,423,000 shall be apportioned and payable to the Dis-
trict’s debt service fund for repayment of loans and inter-
est incurred for capital improvement projects.
LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND
For the Lottery and Charitable Games Enterprise
Fund, established by the District of Columbia Appropria-
tion Act for the fiscal year ending September 30, 1982,
approved December 4, 1981 (95 Stat. 1174, 1175; Public
Law 97–91), as amended, for the purpose of implementing
the Law to Legalize Lotteries, Daily Numbers Games, and
Bingo and Raffles for Charitable Purposes in the District
of Columbia, effective March 10, 1981 (D.C. Law 3–172;
D.C. Code, secs. 2–2501 et seq. and 22–1516 et seq.),
$213,500,000 and 100 full-time equivalent positions (in-
cluding $7,850,000 and 100 full-time equivalent positions
for administrative expenses and $205,650,000 for non-ad-
ministrative expenses from revenue generated by the Lot-
tery Board), to be derived from non-Federal District of
Columbia revenues: Provided, That the District of Colum-
bia shall identify the source of funding for this appropria-
tion title from the District’s own locally-generated reve-
nues: Provided further, That no revenues from Federal
HR 2607 PP
sources shall be used to support the operations or activi-
ties of the Lottery and Charitable Games Control Board.
CABLE TELEVISION ENTERPRISE FUND
For the Cable Television Enterprise Fund, estab-
lished by the Cable Television Communications Act of
1981, effective October 22, 1983 (D.C. Law 5–36; D.C.
Code, sec. 43–1801 et seq.), $2,467,000 and 8 full-time
equivalent positions (including $2,135,000 and 8 full-time
equivalent positions from local funds and $332,000 from
other funds).
PUBLIC SERVICE COMMISSION
For the Public Service Commission, $4,547,000 (in-
cluding $4,250,000 from local funds, $117,000 from Fed-
eral funds, and $180,000 from other funds).
OFFICE OF THE PEOPLE’S COUNSEL
For the Office of the People’s Counsel, $2,428,000
from local funds.
DEPARTMENT OF INSURANCE AND SECURITIES
REGULATION
For the Department of Insurance and Securities Reg-
ulation, $5,683,000 and 89 full-time equivalent positions
from other funds.
HR 2607 PP
OFFICE OF BANKING AND FINANCIAL INSTITUTIONS
For the Office of Banking and Financial Institutions,
$600,000 (including $100,000 from local funds and
$500,000 from other funds).
STARPLEX FUND
For the Starplex Fund, $5,936,000 from other funds
for expenses incurred by the Armory Board in the exercise
of its powers granted by An Act To Establish A District
of Columbia Armory Board, and for other purposes, ap-
proved June 4, 1948 (62 Stat. 339; D.C. Code, sec. 2–
301 et seq.) and the District of Columbia Stadium Act
of 1957, approved September 7, 1957 (71 Stat. 619; Pub-
lic Law 85–300; D.C. Code, sec. 2–321 et seq.): Provided,
That the Mayor shall submit a budget for the Armory
Board for the forthcoming fiscal year as required by sec-
tion 442(b) of the District of Columbia Home Rule Act,
approved December 24, 1973 (87 Stat. 824; Public Law
93–198; D.C. Code, sec. 47–301(b)).
D.C. GENERAL HOSPITAL
For the District of Columbia General Hospital, estab-
lished by Reorganization Order No. 57 of the Board of
Commissioners, effective August 15, 1953, $103,934,000
of which $44,335,000 shall be derived by transfer from
the general fund and $59,599,000 shall be derived from
other funds.
HR 2607 PP
D.C. RETIREMENT BOARD
For the D.C. Retirement Board, established by sec-
tion 121 of the District of Columbia Retirement Reform
Act of 1979, approved November 17, 1979 (93 Stat. 866;
D.C. Code, sec. 1–711), $4,898,000 and 8 full-time equiv-
alent positions from the earnings of the applicable retire-
ment funds to pay legal, management, investment, and
other fees and administrative expenses of the District of
Columbia Retirement Board: Provided, That the District
of Columbia Retirement Board shall provide to the Con-
gress and to the Council of the District of Columbia a
quarterly report of the allocations of charges by fund and
of expenditures of all funds: Provided further, That the
District of Columbia Retirement Board shall provide the
Mayor, for transmittal to the Council of the District of
Columbia, an itemized accounting of the planned use of
appropriated funds in time for each annual budget sub-
mission and the actual use of such funds in time for each
annual audited financial report.
CORRECTIONAL INDUSTRIES FUND
For the Correctional Industries Fund, established by
the District of Columbia Correctional Industries Estab-
lishment Act, approved October 3, 1964 (78 Stat. 1000;
Public Law 88–622), $3,332,000 and 50 full-time equiva-
lent positions from other funds.
HR 2607 PP
WASHINGTON CONVENTION CENTER ENTERPRISE FUND
For the Washington Convention Center Enterprise
Fund, $46,400,000 of which $5,400,000 shall be derived
by transfer from the general fund.
CAPITAL OUTLAY
For construction projects, $269,330,000 (including
$105,485,000 from local funds, $31,100,000 from the
highway trust fund, and $132,745,000 in Federal funds),
as authorized by An Act authorizing the laying of water
mains and service sewers in the District of Columbia, the
levying of assessments therefor, and for other purposes,
approved April 22, 1904 (33 Stat. 244; Public Law 58–
140; D.C. Code, secs. 43–1512 through 43–1519); the
District of Columbia Public Works Act of 1954, approved
May 18, 1954 (68 Stat. 101; Public Law 83–364); An
Act to authorize the Commissioners of the District of Co-
lumbia to borrow funds for capital improvement programs
and to amend provisions of law relating to Federal Gov-
ernment participation in meeting costs of maintaining the
Nation’s Capital City, approved June 6, 1958 (72 Stat.
183; Public Law 85–451); including acquisition of sites,
preparation of plans and specifications, conducting pre-
liminary surveys, erection of structures, including building
improvement and alteration and treatment of grounds, to
remain available until expended: Provided, That funds for
HR 2607 PP
use of each capital project implementing agency shall be
managed and controlled in accordance with all procedures
and limitations established under the Financial Manage-
ment System: Provided further, That all funds provided
by this appropriation title shall be available only for the
specific projects and purposes intended: Provided further,
That notwithstanding the foregoing, all authorizations for
capital outlay projects, except those projects covered by
the first sentence of section 23(a) of the Federal-Aid
Highway Act of 1968, approved August 23, 1968 (82
Stat. 827; Public Law 90–495; D.C. Code, sec. 7–134,
note), for which funds are provided by this appropriation
title, shall expire on September 30, 1999, except author-
izations for projects as to which funds have been obligated
in whole or in part prior to September 30, 1999: Provided
further, That upon expiration of any such project author-
ization the funds provided herein for the project shall
lapse: Provided further, That the District has approved
projects to finance capital related items, such as vehicles
and heavy equipment, through a master lease purchase
program. The District will finance $13,052,000 of its
equipment needs up to a 5 year-period. The fiscal year
1998 operating budget includes a total of $3,741,000 for
the debt associated with the lease purchase.
HR 2607 PP
GENERAL PROVISIONS
SEC. 101. The expenditure of any appropriation
under this Act for any consulting service through procure-
ment contract, pursuant to 5 U.S.C. 3109, shall be limited
to those contracts where such expenditures are a matter
of public record and available for public inspection, except
where otherwise provided under existing law, or under ex-
isting Executive order issued pursuant to existing law.
SEC. 102. Except as otherwise provided in this Act,
all vouchers covering expenditures of appropriations con-
tained in this Act shall be audited before payment by the
designated certifying official and the vouchers as approved
shall be paid by checks issued by the designated disbursing
official.
SEC. 103. Whenever in this Act, an amount is speci-
fied within an appropriation for particular purposes or ob-
jects of expenditure, such amount, unless otherwise speci-
fied, shall be considered as the maximum amount that
may be expended for said purpose or object rather than
an amount set apart exclusively therefor.
SEC. 104. Appropriations in this Act shall be avail-
able, when authorized by the Mayor, for allowances for
privately-owned automobiles and motorcycles used for the
performance of official duties at rates established by the
Mayor: Provided, That such rates shall not exceed the
HR 2607 PP
maximum prevailing rates for such vehicles as prescribed
in the Federal Property Management Regulations 101–7
(Federal Travel Regulations).
SEC. 105. Appropriations in this Act shall be avail-
able for expenses of travel and for the payment of dues
of organizations concerned with the work of the District
of Columbia government, when authorized by the Mayor:
Provided, That the Council of the District of Columbia
and the District of Columbia Courts may expend such
funds without authorization by the Mayor.
SEC. 106. There are appropriated from the applicable
funds of the District of Columbia such sums as may be
necessary for making refunds and for the payment of
judgments that have been entered against the District of
Columbia government: Provided, That nothing contained
in this section shall be construed as modifying or affecting
the provision of section 11(c)(3) of title XII of the District
of Columbia Income and Franchise Tax Act of 1947, ap-
proved March 31, 1956 (70 Stat. 78; Public Law 84–460;
D.C. Code, sec. 47–1812.11(c)(3)).
SEC. 107. Appropriations in this Act shall be avail-
able for the payment of public assistance without reference
to the requirement of section 544 of the District of Colum-
bia Public Assistance Act of 1982, effective April 6, 1982
(D.C. Law 4–101; D.C. Code, sec. 3–205.44), and for the
HR 2607 PP
non-Federal share of funds necessary to qualify for Fed-
eral assistance under the Juvenile Delinquency Prevention
and Control Act of 1968, approved July 31, 1968 (82
Stat. 462; Public Law 90–445; 42 U.S.C. 3801 et seq.).
SEC. 108. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 109. No funds appropriated in this Act for the
District of Columbia government for the operation of edu-
cational institutions, the compensation of personnel, or for
other educational purposes may be used to permit, encour-
age, facilitate, or further partisan political activities.
Nothing herein is intended to prohibit the availability of
school buildings for the use of any community or partisan
political group during non-school hours.
SEC. 110. None of the funds appropriated in this Act
shall be made available to pay the salary of any employee
of the District of Columbia government whose name, title,
grade, salary, past work experience, and salary history are
not available for inspection by the House and Senate Com-
mittees on Appropriations, the Subcommittee on the Dis-
trict of Columbia of the House Committee on Government
Reform and Oversight, the Subcommittee on Oversight of
Government Management and the District of Columbia of
the Senate Committee on Governmental Affairs, and the
HR 2607 PP
Council of the District of Columbia, or their duly author-
ized representative.
SEC. 111. There are appropriated from the applicable
funds of the District of Columbia such sums as may be
necessary for making payments authorized by the District
of Columbia Revenue Recovery Act of 1977, effective Sep-
tember 23, 1977 (D.C. Law 2–20; D.C. Code, sec. 47–
421 et seq.).
SEC. 112. No part of this appropriation shall be used
for publicity or propaganda purposes or implementation
of any policy including boycott designed to support or de-
feat legislation pending before Congress or any State legis-
lature.
SEC. 113. At the start of the fiscal year, the Mayor
shall develop an annual plan, by quarter and by project,
for capital outlay borrowings: Provided, That within a rea-
sonable time after the close of each quarter, the Mayor
shall report to the Council of the District of Columbia and
the Congress the actual borrowings and spending progress
compared with projections.
SEC. 114. The Mayor shall not borrow any funds for
capital projects unless the Mayor has obtained prior ap-
proval from the Council of the District of Columbia, by
resolution, identifying the projects and amounts to be fi-
nanced with such borrowings.
HR 2607 PP
SEC. 115. The Mayor shall not expend any moneys
borrowed for capital projects for the operating expenses
of the District of Columbia government.
SEC. 116. None of the funds appropriated by this Act
may be obligated or expended by reprogramming except
pursuant to advance approval of the reprogramming
granted according to the procedure set forth in the Joint
Explanatory Statement of the Committee of Conference
(House Report No. 96–443), which accompanied the Dis-
trict of Columbia Appropriation Act, 1980, approved Octo-
ber 30, 1979 (93 Stat. 713; Public Law 96–93), as modi-
fied in House Report No. 98–265, and in accordance with
the Reprogramming Policy Act of 1980, effective Septem-
ber 16, 1980 (D.C. Law 3–100; D.C. Code, sec. 47–361
et seq.): Provided, That for the fiscal year ending Septem-
ber 30, 1998 the above shall apply except as modified by
Public Law 104–8.
SEC. 117. None of the Federal funds provided in this
Act shall be obligated or expended to provide a personal
cook, chauffeur, or other personal servants to any officer
or employee of the District of Columbia.
SEC. 118. None of the Federal funds provided in this
Act shall be obligated or expended to procure passenger
automobiles as defined in the Automobile Fuel Efficiency
Act of 1980, approved October 10, 1980 (94 Stat. 1824;
HR 2607 PP
Public Law 96–425; 15 U.S.C. 2001(2)), with an Environ-
mental Protection Agency estimated miles per gallon aver-
age of less than 22 miles per gallon: Provided, That this
section shall not apply to security, emergency rescue, or
armored vehicles.
SEC. 119. (a) Notwithstanding section 422(7) of the
District of Columbia Home Rule Act of 1973, approved
December 24, 1973 (87 Stat. 790; Public Law 93–198;
D.C. Code, sec. 1–242(7)), the City Administrator shall
be paid, during any fiscal year, a salary at a rate estab-
lished by the Mayor, not to exceed the rate established
for Level IV of the Executive Schedule under 5 U.S.C.
5315.
(b) For purposes of applying any provision of law lim-
iting the availability of funds for payment of salary or pay
in any fiscal year, the highest rate of pay established by
the Mayor under subsection (a) of this section for any po-
sition for any period during the last quarter of calendar
year 1997 shall be deemed to be the rate of pay payable
for that position for September 30, 1997.
(c) Notwithstanding section 4(a) of the District of
Columbia Redevelopment Act of 1945, approved August
2, 1946 (60 Stat. 793; Public Law 79–592; D.C. Code,
sec. 5–803(a)), the Board of Directors of the District of
Columbia Redevelopment Land Agency shall be paid, dur-
HR 2607 PP
ing any fiscal year, per diem compensation at a rate estab-
lished by the Mayor.
SEC. 120. Notwithstanding any other provisions of
law, the provisions of the District of Columbia Govern-
ment Comprehensive Merit Personnel Act of 1978, effec-
tive March 3, 1979 (D.C. Law 2–139; D.C. Code, sec. 1–
601.1 et seq.), enacted pursuant to section 422(3) of the
District of Columbia Home Rule Act of 1973, approved
December 24, 1973 (87 Stat. 790; Public Law 93–198;
D.C. Code, sec. 1–242(3)), shall apply with respect to the
compensation of District of Columbia employees: Provided,
That for pay purposes, employees of the District of Co-
lumbia government shall not be subject to the provisions
of title 5, United States Code.
SEC. 121. The Director of the Department of Admin-
istrative Services may pay rentals and repair, alter, and
improve rented premises, without regard to the provisions
of section 322 of the Economy Act of 1932 (Public Law
72–212; 40 U.S.C. 278a), based upon a determination by
the Director, that by reason of circumstances set forth in
such determination, the payment of these rents and the
execution of this work, without reference to the limitations
of section 322, is advantageous to the District in terms
of economy, efficiency, and the District’s best interest.
HR 2607 PP
SEC. 122. No later than 30 days after the end of the
first quarter of the fiscal year ending September 30, 1998,
the Mayor of the District of Columbia shall submit to the
Council of the District of Columbia the new fiscal year
1998 revenue estimates as of the end of the first quarter
of fiscal year 1998. These estimates shall be used in the
budget request for the fiscal year ending September 30,
1999. The officially revised estimates at midyear shall be
used for the midyear report.
SEC. 123. No sole source contract with the District
of Columbia government or any agency thereof may be re-
newed or extended without opening that contract to the
competitive bidding process as set forth in section 303 of
the District of Columbia Procurement Practices Act of
1985, effective February 21, 1986 (D.C. Law 6–85; D.C.
Code, sec. 1–1183.3), except that the District of Columbia
Public Schools may renew or extend sole source contracts
for which competition is not feasible or practical, provided
that the determination as to whether to invoke the com-
petitive bidding process has been made in accordance with
duly
promulgated
Emergency
Transitional
Education
Board of Trustees rules and procedures.
SEC. 124. For purposes of the Balanced Budget and
Emergency Deficit Control Act of 1985, approved Decem-
ber 12, 1985 (99 Stat. 1037; Public Law 99–177), as
HR 2607 PP
amended, the term ‘‘program, project, and activity’’ shall
be synonymous with and refer specifically to each account
appropriating Federal funds in this Act, and any seques-
tration order shall be applied to each of the accounts rath-
er than to the aggregate total of those accounts: Provided,
That sequestration orders shall not be applied to any ac-
count that is specifically exempted from sequestration by
the Balanced Budget and Emergency Deficit Control Act
of 1985, approved December 12, 1985 (99 Stat. 1037;
Public Law 99–177), as amended.
SEC. 125. In the event a sequestration order is issued
pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985, approved December 12, 1985 (99
Stat. 1037; Public Law 99–177), as amended, after the
amounts appropriated to the District of Columbia for the
fiscal year involved have been paid to the District of Co-
lumbia, the Mayor of the District of Columbia shall pay
to the Secretary of the Treasury, within 15 days after re-
ceipt of a request therefor from the Secretary of the
Treasury, such amounts as are sequestered by the order:
Provided, That the sequestration percentage specified in
the order shall be applied proportionately to each of the
Federal appropriation accounts in this Act that are not
specifically exempted from sequestration by the Balanced
Budget and Emergency Deficit Control Act of 1985, ap-
HR 2607 PP
proved December 12, 1985 (99 Stat. 1037; Public Law
99–177), as amended.
SEC. 126. Nothing in this Act shall be construed to
authorize any office, agency or entity to expend funds for
programs or functions for which a reorganization plan is
required but has not been approved by the Council pursu-
ant to section 422(12) of the District of Columbia Home
Rule Act of 1973, approved December 24, 1973 (87 Stat.
790; Public Law 93–198; D.C. Code, sec. 1–242(12)) and
the Governmental Reorganization Procedures Act of 1981,
effective October 17, 1981 (D.C. Law 4–42; D.C. Code,
secs. 1–299.1 to 1–299.7). Appropriations made by this
Act for such programs or functions are conditioned on the
approval by the Council of the required reorganization
plans.
SEC. 127. (a) An entity of the District of Columbia
government may accept and use a gift or donation during
fiscal year 1998 if—
(1) the Mayor approves the acceptance and use
of the gift or donation: Provided, That the Council
of the District of Columbia may accept and use gifts
without prior approval by the Mayor; and
(2) the entity uses the gift or donation to carry
out its authorized functions or duties.
HR 2607 PP
(b) Each entity of the District of Columbia govern-
ment shall keep accurate and detailed records of the ac-
ceptance and use of any gift or donation under subsection
(a) of this section, and shall make such records available
for audit and public inspection.
(c) For the purposes of this section, the term ‘‘entity
of the District of Columbia government’’ includes an inde-
pendent agency of the District of Columbia.
(d) This section shall not apply to the District of Co-
lumbia Board of Education, which may, pursuant to the
laws and regulations of the District of Columbia, accept
and use gifts to the public schools without prior approval
by the Mayor.
SEC. 128. None of the Federal funds provided in this
Act may be used by the District of Columbia to provide
for salaries, expenses, or other costs associated with the
offices of United States Senator or United States Rep-
resentative under section 4(d) of the District of Columbia
Statehood Constitutional Convention Initiatives of 1979,
effective March 10, 1981 (D.C. Law 3–171; D.C. Code,
sec. 1–113(d)).
PROHIBITION AGAINST USE OF FUNDS FOR ABORTIONS
SEC. 129. None of the funds appropriated under this
Act shall be expended for any abortion except where the
life of the mother would be endangered if the fetus were
HR 2607 PP
carried to term or where the pregnancy is the result of
an act of rape or incest.
PROHIBITION ON DOMESTIC PARTNERS ACT
SEC. 130. None of the funds made available in this
Act may be used to implement or enforce the Health Care
Benefits Expansion Act of 1992 (D.C. Law 9–114; D.C.
Code, sec. 36–1401 et seq.) or to otherwise implement or
enforce any system of registration of unmarried, cohabit-
ing couples (whether homosexual, heterosexual, or les-
bian), including but not limited to registration for the pur-
pose of extending employment, health, or governmental
benefits to such couples on the same basis as such benefits
are extended to legally married couples.
MONTHLY REPORTING REQUIREMENTS—PUBLIC SCHOOLS
SEC. 131. The Emergency Transitional Education
Board of Trustees shall submit to the Congress, the
Mayor, the District of Columbia Financial Responsibility
and Management Assistance Authority, and the Council
of the District of Columbia no later than fifteen (15) cal-
endar days after the end of each month a report that sets
forth—
(1) current month expenditures and obligations,
year-to-date expenditures and obligations, and total
fiscal year expenditure projections vs. budget broken
out on the basis of control center, responsibility cen-
HR 2607 PP
ter, agency reporting code, and object class, and for
all funds, including capital financing;
(2) a list of each account for which spending is
frozen and the amount of funds frozen, broken out
by control center, responsibility center, detailed ob-
ject, and agency reporting code, and for all funding
sources;
(3) a list of all active contracts in excess of
$10,000 annually, which contains the name of each
contractor; the budget to which the contract is
charged broken out on the basis of control center,
responsibility center, and agency reporting code; and
contract identifying codes used by the D.C. Public
Schools; payments made in the last month and year-
to-date, the total amount of the contract and total
payments made for the contract and any modifica-
tions, extensions, renewals; and specific modifica-
tions made to each contract in the last month;
(4) all reprogramming requests and reports
that are required to be, and have been, submitted to
the Board of Education; and
(5) changes made in the last month to the orga-
nizational structure of the D.C. Public Schools, dis-
playing previous and current control centers and re-
sponsibility centers, the names of the organizational
HR 2607 PP
entities that have been changed, the name of the
staff member supervising each entity affected, and
the reasons for the structural change.
MONTHLY REPORTING REQUIREMENTS
UNIVERSITY OF THE DISTRICT OF COLUMBIA
SEC. 132. The University of the District of Columbia
shall submit to the Congress, the Mayor, the District of
Columbia Financial Responsibility and Management As-
sistance Authority, and the Council of the District of Co-
lumbia no later than fifteen (15) calendar days after the
end of each month a report that sets forth—
(1) current month expenditures and obligations,
year-to-date expenditures and obligations, and total
fiscal year expenditure projections versus budget
broken out on the basis of control center, respon-
sibility center, and object class, and for all funds,
non-appropriated funds, and capital financing;
(2) a list of each account for which spending is
frozen and the amount of funds frozen, broken out
by control center, responsibility center, detailed ob-
ject, and for all funding sources;
(3) a list of all active contracts in excess of
$10,000 annually, which contains the name of each
contractor; the budget to which the contract is
charged broken out on the basis of control center
and responsibility center, and contract identifying
HR 2607 PP
codes used by the University of the District of Co-
lumbia; payments made in the last month and year-
to-date, the total amount of the contract and total
payments made for the contract and any modifica-
tions, extensions, renewals; and specific modifica-
tions made to each contract in the last month;
(4) all reprogramming requests and reports
that have been made by the University of the Dis-
trict of Columbia within the last month in compli-
ance with applicable law; and
(5) changes made in the last month to the orga-
nizational structure of the University of the District
of Columbia, displaying previous and current control
centers and responsibility centers, the names of the
organizational entities that have been changed, the
name of the staff member supervising each entity af-
fected, and the reasons for the structural change.
ANNUAL REPORTING REQUIREMENTS
SEC. 133. (a) IN GENERAL.—The Emergency Tran-
sitional Education Board of Trustees of the District of
Columbia and the University of the District of Columbia
shall annually compile an accurate and verifiable report
on the positions and employees in the public school system
and the university, respectively. The annual report shall
set forth—
HR 2607 PP
(1) the number of validated schedule A posi-
tions in the District of Columbia Public Schools and
the University of the District of Columbia for fiscal
year 1996, fiscal year 1997, and thereafter on a full-
time equivalent basis, including a compilation of all
positions by control center, responsibility center,
funding source, position type, position title, pay
plan, grade, and annual salary; and
(2) a compilation of all employees in the Dis-
trict of Columbia Public Schools and the University
of the District of Columbia as of the preceding De-
cember 31, verified as to its accuracy in accordance
with the functions that each employee actually per-
forms, by control center, responsibility center, agen-
cy
reporting
code,
program
(including
funding
source), activity, location for accounting purposes,
job title, grade and classification, annual salary, and
position control number.
(b) SUBMISSION.—The annual report required by
subsection (a) of this section shall be submitted to the
Congress, the Mayor, the District of Columbia Council,
the Consensus Commission, and the Authority, not later
than February 15 of each year.
ANNUAL BUDGETS AND BUDGET REVISIONS
SEC. 134. (a) No later than October 1, 1997, or with-
in 15 calendar days after the date of the enactment of
HR 2607 PP
the District of Columbia Appropriations Act, 1998, which-
ever occurs later, and each succeeding year, the Emer-
gency Transitional Education Board of Trustees and the
University of the District of Columbia shall submit to the
appropriate congressional committees, the Mayor, the Dis-
trict of Columbia Council, the Consensus Commission, and
the District of Columbia Financial Responsibility and
Management Assistance Authority, a revised appropriated
funds operating budget for the public school system and
the University of the District of Columbia for such fiscal
year that is in the total amount of the approved appropria-
tion and that realigns budgeted data for personal services
and other-than-personal services, respectively, with antici-
pated actual expenditures.
(b) The revised budget required by subsection (a) of
this section shall be submitted in the format of the budget
that the Emergency Transitional Education Board of
Trustees and the University of the District of Columbia
submit to the Mayor of the District of Columbia for inclu-
sion in the Mayor’s budget submission to the Council of
the District of Columbia pursuant to section 442 of the
District of Columbia Home Rule Act, Public Law 93–198,
as amended (D.C. Code, sec. 47–301).
EDUCATIONAL BUDGET APPROVAL
SEC. 135. The Emergency Transitional Education
Board of Trustees, the Board of Trustees of the Univer-
HR 2607 PP
sity of the District of Columbia, the Board of Library
Trustees, and the Board of Governors of the D.C. School
of Law shall vote on and approve their respective annual
or revised budgets before submission to the Mayor of the
District of Columbia for inclusion in the Mayor’s budget
submission to the Council of the District of Columbia in
accordance with section 442 of the District of Columbia
Home Rule Act, Public Law 93–198, as amended (D.C.
Code, sec. 47–301), or before submitting their respective
budgets directly to the Council.
PUBLIC SCHOOL EMPLOYEE EVALUATIONS
SEC. 136. Notwithstanding any other provision of
law, rule, or regulation, the evaluation process and instru-
ments for evaluating District of Columbia Public Schools
employees shall be a non-negotiable item for collective bar-
gaining purposes.
SEC. 137. (a) Notwithstanding any other provision
of law, rule, or regulation, an employee of the District of
Columbia Public Schools shall be—
(1) classified as an Educational Service em-
ployee;
(2) placed under the personnel authority of the
Board of Education; and
(3) subject to all Board of Education rules.
(b) School-based personnel shall constitute a separate
competitive area from nonschool-based personnel who shall
HR 2607 PP
not compete with school-based personnel for retention pur-
poses.
MISCELLANEOUS PROVISIONS RELATING TO DISTRICT OF
COLUMBIA EMPLOYEES
SEC. 138. (a) RESTRICTIONS ON USE OF OFFICIAL
VEHICLES.—(1) None of the funds made available by this
Act or by any other Act may be used to provide any officer
or employee of the District of Columbia with an official
vehicle unless the officer or employee uses the vehicle only
in the performance of the officer’s or employee’s official
duties. For purposes of this paragraph, the term ‘‘official
duties’’ does not include travel between the officer’s or em-
ployee’s residence and workplace (except in the case of a
police officer who resides in the District of Columbia).
(2) The Chief Financial Officer of the District of Co-
lumbia shall submit, by December 15, 1997, an inventory,
as of September 30, 1997, of all vehicles owned, leased
or operated by the District of Columbia government. The
inventory shall include, but not be limited to, the depart-
ment to which the vehicle is assigned; the year and make
of the vehicle; the acquisition date and cost; the general
condition of the vehicle; annual operating and mainte-
nance costs; current mileage; and whether the vehicle is
allowed to be taken home by a District officer or employee
and if so, the officer or employee’s title and resident loca-
tion.
HR 2607 PP
(b) SOURCE
OF PAYMENT
FOR EMPLOYEES DE-
TAILED WITHIN GOVERNMENT.—For purposes of deter-
mining the amount of funds expended by any entity within
the District of Columbia government during fiscal year
1998 and each succeeding fiscal year, any expenditures
of the District government attributable to any officer or
employee of the District government who provides services
which are within the authority and jurisdiction of the en-
tity (including any portion of the compensation paid to
the officer or employee attributable to the time spent in
providing such services) shall be treated as expenditures
made from the entity’s budget, without regard to whether
the officer or employee is assigned to the entity or other-
wise treated as an officer or employee of the entity.
(c) MODIFICATION OF REDUCTION IN FORCE PROCE-
DURES.—The District of Columbia Government Com-
prehensive Merit Personnel Act of 1978 (D.C. Code, sec.
1–601.1 et seq.), as amended by section 140(b) of the Dis-
trict of Columbia Appropriations Act, 1997 (Public Law
104–194), is amended by adding at the end the following
new section:
‘‘SEC. 2408. ABOLISHMENT OF POSITIONS FOR FISCAL YEAR
1998.
‘‘(a) Notwithstanding any other provision of law, reg-
ulation, or collective bargaining agreement either in effect
HR 2607 PP
or to be negotiated while this legislation is in effect for
the fiscal year ending September 30, 1998, each agency
head is authorized, within the agency head’s discretion,
to identify positions for abolishment.
‘‘(b) Prior to February 1, 1998, each personnel au-
thority (other than a personnel authority of an agency
which is subject to a management reform plan under sub-
title B of title XI of the Balanced Budget Act of 1997)
shall make a final determination that a position within the
personnel authority is to be abolished.
‘‘(c) Notwithstanding any rights or procedures estab-
lished by any other provision of this title, any District gov-
ernment employee, regardless of date of hire, who encum-
bers a position identified for abolishment shall be sepa-
rated without competition or assignment rights, except as
provided in this section.
‘‘(d) An employee affected by the abolishment of a
position pursuant to this section who, but for this section
would be entitled to compete for retention, shall be entitled
to one round of lateral competition pursuant to Chapter
24 of the District of Columbia Personnel Manual, which
shall be limited to positions in the employee’s competitive
level.
‘‘(e) Each employee who is a bona fide resident of
the District of Columbia shall have added 5 years to his
HR 2607 PP
or her creditable service for reduction-in-force purposes.
For purposes of this subsection only, a nonresident Dis-
trict employee who was hired by the District government
prior to January 1, 1980, and has not had a break in
service since that date, or a former employee of the United
States Department of Health and Human Services at
Saint Elizabeths Hospital who accepted employment with
the District government on October 1, 1987, and has not
had a break in service since that date, shall be considered
a District resident.
‘‘(f) Each employee selected for separation pursuant
to this section shall be given written notice of at least 30
days before the effective date of his or her separation.
‘‘(g) Neither the establishment of a competitive area
smaller than an agency, nor the determination that a spe-
cific position is to be abolished, nor separation pursuant
to this section shall be subject to review except that—
‘‘(1) an employee may file a complaint contest-
ing a determination or a separation pursuant to title
XV of this Act or section 303 of the Human Rights
Act of 1977 (D.C. Code, sec. 1–2543); and
‘‘(2) an employee may file with the Office of
Employee Appeals an appeal contesting that the sep-
aration procedures of subsections (d) and (f) were
not properly applied.
HR 2607 PP
‘‘(h) An employee separated pursuant to this section
shall be entitled to severance pay in accordance with title
XI of this Act, except that the following shall be included
in computing creditable service for severance pay for em-
ployees separated pursuant to this section—
‘‘(1) four years for an employee who qualified
for veterans preference under this Act, and
‘‘(2) three years for an employee who qualified
for residency preference under this Act.
‘‘(i) Separation pursuant to this section shall not af-
fect an employee’s rights under either the Agency Reem-
ployment Priority Program or the Displaced Employee
Program established pursuant to Chapter 24 of the Dis-
trict Personnel Manual.
‘‘(j) With respect to agencies which are not subject
to a management reform plan under subtitle B of title XI
of the Balanced Budget Act of 1997, the Mayor shall sub-
mit to the Council a listing of all positions to be abolished
by agency and responsibility center by March 1, 1998 or
upon the delivery of termination notices to individual em-
ployees.
‘‘(k) Notwithstanding the provisions of section 1708
or section 2402(d), the provisions of this Act shall not be
deemed negotiable.
HR 2607 PP
‘‘(l) A personnel authority shall cause a 30-day termi-
nation notice to be served, no later than September 1,
1998, on any incumbent employee remaining in any posi-
tion identified to be abolished pursuant to subsection (b)
of this section.
‘‘(m) In the case of an agency which is subject to
a management reform plan under subtitle B of title XI
of the Balanced Budget Act of 1997, the authority pro-
vided by this section shall be exercised to carry out the
agency’s management reform plan, and this section shall
otherwise be implemented solely in a manner consistent
with such plan.’’.
(d) RESTRICTING PROVIDERS FROM WHOM EMPLOY-
EES MAY RECEIVE DISABILITY COMPENSATION SERV-
ICES.—
(1) IN GENERAL.—Section 2303(a) of the Dis-
trict of Columbia Comprehensive Merit Personnel
Act of 1978 (D.C. Code, sec. 1–624.3(a)) is amend-
ed by striking paragraph (3) and all that follows and
inserting the following:
‘‘(3) By or on the order of the District of Co-
lumbia government medical officers and hospitals, or
by or on the order of a physician or managed care
organization designated or approved by the Mayor.’’.
HR 2607 PP
(2) SERVICES
FURNISHED.—Section 2303 of
such Act (D.C. Code, sec. 1–624.3) is amended by
adding at the end the following new subsection:
‘‘(c)(1) An employee to whom services, appliances, or
supplies are furnished pursuant to subsection (a) shall be
provided with such services, appliances, and supplies (in-
cluding reasonable transportation incident thereto) by a
managed care organization or other health care provider
designated by the Mayor, in accordance with such rules,
regulations, and instructions as the Mayor considers ap-
propriate.
‘‘(2) Any expenses incurred as a result of furnishing
services, appliances, or supplies which are authorized by
the Mayor under paragraph (1) shall be paid from the
Employees’ Compensation Fund.
‘‘(3) Any medical service provided pursuant to this
subsection shall be subject to utilization review under sec-
tion 2323.’’.
(3) REPEAL PENALTY FOR DELAYED PAYMENT
OF
COMPENSATION.—Section
2324
of
such
Act
(D.C. Code, sec. 1–624.24) is amended by striking
subsection (c).
(4) DEFINITIONS.—Section 2301 of such Act
(D.C. Code, sec. 1–624.1) is amended—
HR 2607 PP
(A) in the first sentence of subsection (c),
by inserting ‘‘and as designated by the Mayor
to provide services to injured employees’’ after
‘‘State law’’; and
(B) by adding at the end the following new
subsection:
‘‘(r)(1) The term ‘managed care organization’ means
an organization of physicians and allied health profes-
sionals organized to and capable of providing systematic
and comprehensive medical care and treatment of injured
employees which is designated by the Mayor to provide
such care and treatment under this title.
‘‘(2) The term ‘allied health professional’ means a
medical care provider (including a nurse, physical thera-
pist, laboratory technician, X-ray technician, social work-
er, or other provider who provides such care within the
scope of practice under applicable law) who is employed
by or affiliated with a managed care organization.’’.
(5) EFFECTIVE DATE.—The amendments made
by this subsection shall apply with respect to serv-
ices, supplies, or appliances furnished under title
XXIII of the District of Columbia Merit Personnel
Act of 1978 on or after the date of the enactment
of this Act.
HR 2607 PP
(e) APPLICATION OF BINDING ARBITRATION PROCE-
DURES UNDER NEW PERSONNEL RULES.—
(1) IN GENERAL.—Section 11105(b)(3) of the
Balanced Budget Act of 1997 is amended in the
matter
preceding
subparagraph
(A)
by
striking
‘‘pursuant’’ and inserting ‘‘in accordance with bind-
ing arbitration procedures in effect under a collective
bargaining agreement, or pursuant’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall take effect as if included in
the enactment of the Balanced Budget Act of 1997.
CEILING ON OPERATING EXPENSES AND DEFICIT
SEC. 139. (a) CEILING ON TOTAL OPERATING EX-
PENSES.—
(1) IN GENERAL.—Notwithstanding any other
provision of law, the total amount appropriated in
this Act for operating expenses for the District of
Columbia for fiscal year 1998 under the caption
‘‘DIVISION OF EXPENSES’’ may not exceed the lesser
of—
(A) the sum of the total revenues of the
District of Columbia for such fiscal year less
$192,741,000; or
(B) $4,493,375,000 (excluding intra-Dis-
trict
funds
of
$118,269,000)
of
which
$2,655,232,000
is
from
local
funds;
HR 2607 PP
$1,072,572,000 is from Federal grants; and
$765,571,000 in private and other funds.
(2) ENFORCEMENT.—The Chief Financial Offi-
cer of the District of Columbia and the District of
Columbia Financial Responsibility and Management
Assistance Authority (hereafter in this section re-
ferred to as the ‘‘Authority’’) shall take such steps
as are necessary to assure that the District of Co-
lumbia meets the requirements of this section, in-
cluding the apportioning or reprogramming by the
Chief Financial Officer of the appropriations and
funds made available to the District during fiscal
year 1998, except that the Chief Financial Officer
may not reprogram for operating expenses any funds
derived from bonds, notes, or other obligations is-
sued for capital projects.
(b) ACCEPTANCE AND USE OF GRANTS NOT IN-
CLUDED IN CEILING.—
(1) IN GENERAL.—Notwithstanding subsection
(a), the Mayor of the District of Columbia may ac-
cept, obligate, and expend Federal, private, and
other grants received by the District government
that are not reflected in the amounts appropriated
in this Act.
HR 2607 PP
(2) REQUIREMENT OF CHIEF FINANCIAL OFFI-
CER REPORT AND AUTHORITY APPROVAL.—No such
Federal, private, or other grant may be accepted, ob-
ligated, or expended pursuant to paragraph (1)
until—
(A) the Chief Financial Officer of the Dis-
trict submits to the Authority a report setting
forth detailed information regarding such grant;
and
(B) the Authority has reviewed and ap-
proved the acceptance, obligation, and expendi-
ture of such grant in accordance with review
and approval procedures consistent with the
provisions of the District of Columbia Financial
Responsibility and Management Assistance Act
of 1995.
(3) PROHIBITION ON SPENDING IN ANTICIPA-
TION OF APPROVAL OR RECEIPT.—No amount may
be obligated or expended from the general fund or
other funds of the District government in anticipa-
tion of the approval or receipt of a grant under
paragraph (2)(B) or in anticipation of the approval
or receipt of a Federal, private, or other grant not
subject to such paragraph.
HR 2607 PP
(4) MONTHLY REPORTS.—The Chief Financial
Officer of the District of Columbia shall prepare a
monthly report setting forth detailed information re-
garding all Federal, private, and other grants sub-
ject to this subsection. Each such report shall be
submitted to the Council of the District of Columbia,
and to the Committees on Appropriations of the
House of Representatives and the Senate, not later
than 15 days after the end of the month covered by
the report.
(c)
PROHIBITING
USE
OF
NON-APPROPRIATED
FUNDS BY CERTAIN ENTITIES.—
(1) IN GENERAL.—Notwithstanding any other
provision of law, the District of Columbia Financial
Responsibility and Management Assistance Author-
ity and the District of Columbia Water and Sewer
Authority may not obligate or expend any funds dur-
ing fiscal year 1998 or any succeeding fiscal year
without approval by Act of Congress.
(2) REPORT ON EXPENDITURES BY FINANCIAL
RESPONSIBILITY AND MANAGEMENT ASSISTANCE AU-
THORITY.—Not later than November 15, 1997, the
District of Columbia Financial Responsibility and
Management Assistance Authority shall submit a re-
port to the Committees on Appropriations of the
HR 2607 PP
House of Representatives and the Senate, the Com-
mittee on Government Reform and Oversight of the
House, and the Committee on Governmental Affairs
of the Senate providing an itemized accounting of all
non-appropriated funds obligated or expended by the
Authority at any time prior to October 1, 1997. The
report
shall
include
information
on
the
date,
amount, purpose, and vendor name, and a descrip-
tion of the services or goods provided with respect
to the expenditures of such funds.
(3) EFFECT OF EXPENDITURE OF NON-APPRO-
PRIATED FUNDS.—Any obligation of funds by any
officer or employee of the District of Columbia gov-
ernment (including any member, officer or employee
of the District of Columbia Financial Responsibility
and Management Assistance Authority) in violation
of the fourth sentence of section 446 of the District
of Columbia Home Rule Act shall have no legal ef-
fect, and the officer or employee involved shall be re-
moved from office and personally liable for any
amounts owed as a result of such obligation.
POWERS AND DUTIES OF CHIEF FINANCIAL OFFICER
SEC. 140. (a) CLARIFICATION OF AUTHORITY OVER
FINANCIAL PERSONNEL.—
HR 2607 PP
(1) IN GENERAL.—Section 424(a) of the Dis-
trict of Columbia Home Rule Act (D.C. Code, sec.
47–317.1) is amended—
(A) in paragraph (2), by striking ‘‘, who
shall be appointed’’ and all that follows through
‘‘direction and control’’; and
(B) by striking paragraph (4) and insert-
ing the following:
‘‘(4) AUTHORITY
OVER
FINANCIAL
PERSON-
NEL.—
‘‘(A) IN GENERAL.—Notwithstanding any
other provision of law or regulation (including
any law or regulation providing for collective
bargaining or the enforcement of any collective
bargaining agreement), the heads and all per-
sonnel of the offices described in subparagraph
(B), together with all other District of Colum-
bia accounting, budget, and financial manage-
ment personnel (including personnel of inde-
pendent agencies but not including personnel of
the legislative or judicial branches of the Dis-
trict government) shall be appointed by, shall
serve at the pleasure of, and shall act under the
direction and control of the Chief Financial Of-
ficer, and shall be considered at-will employees
HR 2607 PP
not covered by the District of Columbia Govern-
ment Comprehensive Merit Personnel Act of
1978.
‘‘(B) OFFICES
DESCRIBED.—The offices
referred to in this subparagraph are as follows:
‘‘(i) The Office of the Treasurer (or
any successor office).
‘‘(ii) The Controller of the District of
Columbia (or any successor office).
‘‘(iii) The Office of the Budget (or
any successor office).
‘‘(iv) The Office of Financial Informa-
tion Services (or any successor office).
‘‘(v) The Department of Finance and
Revenue (or any successor office).
‘‘(vi) During a control year, the Dis-
trict of Columbia Lottery and Charitable
Games Control Board (or any successor of-
fice).
‘‘(C) REMOVAL
OF
PERSONNEL
BY
AU-
THORITY.—In addition to the power of the
Chief Financial Officer to remove any of the
personnel covered under this paragraph, the
Authority may remove any such personnel for
HR 2607 PP
cause, after written consultation with the Mayor
and the Chief Financial Officer.’’.
(2) CONFORMING AMENDMENTS.—(A) Section
152(a) of the District of Columbia Appropriations
Act, 1996 (Public Law 104–134; 110 Stat. 1321-
102) is hereby repealed.
(B) Section 142(a) of the District of Columbia
Appropriations Act, 1997 (Public Law 104–194;
110 Stat. 2375) is hereby repealed.
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall take effect as if included in
the enactment of the District of Columbia Appro-
priations Act, 1996, except that the amendment
made by paragraph (2)(B) shall take effect as if in-
cluded in the enactment of the District of Columbia
Appropriations Act, 1997.
(b) PERSONNEL AUTHORITY UNDER MANAGEMENT
REFORM PLANS.—
(1) IN GENERAL.—Section 11105(b) of the Bal-
anced Budget Act of 1997 is amended—
(A) in paragraph (1), by striking ‘‘para-
graph (3)’’ and inserting ‘‘paragraphs (3) and
(4)’’; and
(B) by adding at the end the following new
paragraph:
HR 2607 PP
‘‘(4) EXCEPTION FOR PERSONNEL UNDER DI-
RECTION AND CONTROL OF CHIEF FINANCIAL OFFI-
CER.—This subsection shall not apply with respect
to any personnel who are appointed by, serve at the
pleasure of, and act under the direction and control
of the Chief Financial Officer of the District of Co-
lumbia pursuant to section 424(a)(4) of the District
of Columbia Home Rule Act.’’.
(2) EFFECTIVE DATE.—The amendments made
by paragraph (1) shall take effect as if included in
the enactment of section 11105(b) of the Balanced
Budget Act of 1997.
(c) MONTHLY REPORTS
ON REVENUES
AND EX-
PENDITURES; INCLUSION OF INFORMATION ON ALL ENTI-
TIES OF DISTRICT GOVERNMENT.—Section 424(d) of the
District of Columbia Home Rule Act (D.C. Code, sec. 47–
317.4) is amended by adding at the end the following new
paragraphs:
‘‘(8) Preparing monthly reports containing the
following information (and submitting such reports
to Congress, the Council, the Mayor, and the Au-
thority not later than the 21st day of the month fol-
lowing the month covered by the report):
‘‘(A) The cash flow of the District govern-
ment, including a statement of funds received
HR 2607 PP
and disbursed for all standard categories of rev-
enues and expenses.
‘‘(B) The revenues and expenditures of the
District government, including a comparison of
the amounts projected for such revenues and
expenditures in the annual budget for the fiscal
year involved with actual revenues and expendi-
tures during the month.
‘‘(C) The obligations of funds made by or
on behalf of the District government, together
with a statement of accounts payable and the
disbursements paid towards such accounts dur-
ing the month and during the fiscal year in-
volved.
‘‘(9) Ensuring that any regular report on the
status of the funds of the District government pre-
pared by the Chief Financial Officer includes infor-
mation on the funds of all entities within the Dis-
trict government (including funds in any accounts of
the Authority and interest earned on such ac-
counts).’’.
(d) CLARIFICATION
OF GROUNDS
FOR REMOVAL
FROM OFFICE.—Section 424(b)(2) of the District of Co-
lumbia Home Rule Act (D.C. Code, sec. 47–317.2(2)) is
HR 2607 PP
amended by adding at the end the following new subpara-
graph:
‘‘(C) CONSULTATION
WITH
CONGRESS.—
The Authority or the Mayor (whichever is appli-
cable) may not remove the Chief Financial Offi-
cer under this paragraph unless the Authority
or the Mayor (as the case may be) has con-
sulted with Congress prior to the removal. Such
consultation shall include at a minimum the
submission of a written statement to the Com-
mittees on Appropriations of the Senate and
the House of Representatives, the Committee
on Government Reform and Oversight of the
House of Representatives, and the Committee
on Governmental Affairs of the Senate, explain-
ing the factual circumstances involved.’’.
POLICE AND FIRE FIGHTER DISABILITY RETIREMENTS
SEC. 141. (a) DETERMINATIONS OF DISABILITY STA-
TUS.—Notwithstanding any other provisions of the Dis-
trict of Columbia Retirement Reform Act or any other law,
rule, or regulation, for purposes of any retirement pro-
gram of the District of Columbia for teachers, members
of the Metropolitan Police Department, or members of the
Fire Department, no individual may have disability status
unless the determination of the individual’s disability sta-
tus is made by a single entity designated by the District
HR 2607 PP
to make such determinations (or, if the determination is
made by any other person, if such entity approves the de-
termination).
(b) ANALYSIS BY ENROLLED ACTUARY OF IMPACT
OF DISABILITY RETIREMENTS.—Not later than January
1, 1998, and every 6 months thereafter, the Mayor of the
District of Columbia shall engage an enrolled actuary (to
be paid by the District of Columbia Retirement Board)
to provide an analysis of the actuarial impact of disability
retirements occurring during the previous 6-month period
on the police and fire fighter retirement programs of the
District of Columbia.
SEC. 142. (a) COMPLIANCE WITH BUY AMERICAN
ACT.—None of the funds made available in this Act may
be expended by an entity unless the entity agrees that in
expending the funds the entity will comply with the Buy
American Act (41 U.S.C. 10a–10c).
(b) SENSE OF CONGRESS; REQUIREMENT REGARD-
ING NOTICE.—
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—In the case of any equipment or
product that may be authorized to be purchased
with financial assistance provided using funds made
available in this Act, it is the sense of the Congress
that entities receiving the assistance should, in ex-
HR 2607 PP
pending the assistance, purchase only American-
made equipment and products to the greatest extent
practicable.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—
In providing financial assistance using funds made
available in this Act, the head of each agency of the
Federal or District of Columbia government shall
provide to each recipient of the assistance a notice
describing the statement made in paragraph (1) by
the Congress.
(c) PROHIBITION
OF CONTRACTS WITH PERSONS
FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bear-
ing a ‘‘Made in America’’ inscription, or any inscription
with the same meaning, to any product sold in or shipped
to the United States that is not made in the United
States, the person shall be ineligible to receive any con-
tract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineli-
gibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
BUDGETS OF DEPARTMENTS OR AGENCIES SUBJECT TO
COURT-APPOINTED ADMINISTRATOR
SEC. 143. If a department or agency of the govern-
ment of the District of Columbia is under the administra-
HR 2607 PP
tion of a court-appointed receiver or other court-appointed
official during fiscal year 1998 or any succeeding fiscal
year, the receiver or official shall prepare and submit to
the Mayor, for inclusion in the annual budget of the Dis-
trict of Columbia for the year, annual estimates of the
expenditures and appropriations necessary for the mainte-
nance and operation of the department or agency. All such
estimates shall be forwarded by the Mayor to the Council,
for its action pursuant to sections 446 and 603(c) of the
District of Columbia Home Rule Act, without revision but
subject to the Mayor’s recommendations. Notwithstanding
any provision of the District of Columbia Home Rule Act,
the Council may comment or make recommendations con-
cerning such annual estimates but shall have no authority
under such Act to revise such estimates.
COMMENCING OF ADVERSE ACTIONS FOR POLICE
SEC. 144. Section 1601(b–1) of the District of Co-
lumbia Government Comprehensive Merit Personnel Act
of 1978, effective March 3, 1979 (D.C. Law 2–139; D.C.
Code, sec. 1–617.1(b–1)), is amended as follows:
(a) Paragraph (1) is amended by striking the phrase
‘‘Except as provided in paragraph (2)’’ and inserting the
phrase ‘‘Except as provided in paragraphs (2) and (3)’’
in its place.
(b) A new paragraph (3) is added to read as follows:
HR 2607 PP
‘‘(3) Except as provided in paragraph (2) of this sub-
section, for members of the Metropolitan Police Depart-
ment, no corrective or adverse action shall be commenced
pursuant to this section more than 120 days, not including
Saturdays, Sundays, or legal holidays, after the date that
the agency knew or should have known of the act or occur-
rence allegedly constituting cause, as that term is defined
in subsection (d) of this section.’’.
NOTICE TO POLICE OFFICERS FOR OUT-OF-SERVICE
ASSIGNMENTS
SEC. 145. (a) Notwithstanding any other provision
of law or collective bargaining agreement, the Metropoli-
tan Police Department shall change the advance notice
that is required to be given to officers for out-of-schedule
assignments from 28 days to 14 days.
(b) No officer shall be entitled to overtime for out-
of-regular schedule assignments if the Metropolitan Police
Department provides the officer with notice of the change
in assignment at least 14 days in advance.
SEC. 146. Except as provided in this Act under the
heading ‘‘DISTRICT OF COLUMBIA TAXPAYERS RELIEF
FUND’’, any unused surplus as of the end of the fiscal
year shall be used to reduce the District’s outstanding ac-
cumulated deficit.
HR 2607 PP
RETIREMENT PROGRAMS
SEC. 147. (a) CAP ON STIPENDS OF RETIREMENT
BOARD MEMBERS.—Section 121(c)(1) of the District of
Columbia Retirement Reform Act (D.C. Code, sec. 1–
711(c)(1)) is amended by striking the period at the end
and inserting the following: ‘‘, and the total amount to
which a member may be entitled under this subsection
during a year (beginning with 1998) may not exceed
$5,000.’’.
(b) RESUMPTION OF CERTAIN TERMINATED ANNU-
ITIES PAID TO CHILD SURVIVORS OF DISTRICT OF CO-
LUMBIA POLICE AND FIREFIGHTERS.—
(1) IN GENERAL.—Subsection (k)(5) of the Po-
licemen and Firemen’s Retirement and Disability
Act (D.C. Code, sec. 4–622(e)) is amended by add-
ing at the end the following new subparagraph:
‘‘(D) If the annuity of a child under subparagraph
(A) or subparagraph (B) terminates because of marriage
and such marriage ends, the annuity shall resume on the
first day of the month in which it ends, but only if the
individual is not otherwise ineligible for the annuity.’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall apply with respect to any ter-
mination of marriage taking effect on or after No-
vember 1, 1993, except that benefits shall be payable
HR 2607 PP
only with respect to amounts accruing for periods
beginning on the first day of the month beginning
after the later of such termination of marriage or
such date of enactment.
PREMIUM PAY FOR CERTAIN POLICE OFFICERS
SEC. 148. Effective for the first full pay period fol-
lowing the date of the enactment of this Act, the salary
of any sworn officer of the Metropolitan Police Depart-
ment shall be increased by 5 percent if—
(1) the officer performs primarily nonadminis-
trative public safety services; and
(2) the officer is certified by the Chief of the
Department as having met the minimum ‘‘Basic
Certificate’’ standards transmitted by the District of
Columbia Financial Responsibility and Management
Assistance Authority to Congress by letter dated
May 19, 1997, or (if applicable) the minimum stand-
ards under any physical fitness and performance
standards developed by the Department in consulta-
tion with the Authority.
PROHIBITING INCREASE IN WELFARE PAYMENTS
SEC. 149. (a) IN GENERAL.—The Council of the Dis-
trict of Columbia shall have no authority to enact any act,
resolution, or rule during a fiscal year which increases the
amount of payment which may be for any individual under
the Temporary Assistance for Needy Families Program to
HR 2607 PP
an amount greater than the amount provided under such
program under the District of Columbia Public Assistance
Act of 1982, as in effect on the day after the effective
date of the Public Assistance Temporary Amendment Act
of 1997.
(b) EFFECTIVE DATE.—Subsection shall apply with
respect to fiscal year 1998 and each succeeding fiscal year.
SEC. 150. Effective as if included in the enactment
of the Omnibus Consolidated Rescissions and Appropria-
tions Act of 1996, section 517 of such Act (110 Stat.
1321–248) is amended by striking ‘‘October 1, 1991’’ and
inserting ‘‘the date of the enactment of this Act’’.
LIENS OF WATER AND SEWER AUTHORITY
SEC. 151. (a) REQUIRING IMPOSITION OF LIEN FOR
UNPAID BILLS.—The District of Columbia Water and
Sewer Authority shall take action to impose a lien against
each commercial property with respect to which any pay-
ment owed to the Authority is past due in an aggregate
amount equal to or greater than $3,000, but only if the
payment is past due for 120 or more consecutive days.
(b) DISPOSITION
OF LIENS THROUGH PRIVATE
SOURCES.—Beginning January 31, 1998, the District of
Columbia Water and Sewer Authority shall dispose of all
pending liens described in subsection (a) by assigning the
right to collect under such liens to a private entity in ex-
HR 2607 PP
change for a cash payment, or by issuing securities se-
cured by such liens.
DEEMED APPROVAL OF CONTRACTS BY AUTHORITY
SEC. 152. Section 203(b) of the District of Columbia
Financial Responsibility and Management Assistance Act
of 1995 (D.C. Code, sec. 47–392.3(b)), as amended by
section 5203(d) of the Omnibus Consolidated Appropria-
tions Act, 1997 (Public Law 104–208; 110 Stat. 3009-
1456), is amended—
(1) by redesignating paragraph (5) as para-
graph (6); and
(2) by inserting after paragraph (4) the follow-
ing new paragraph:
‘‘(5) DEEMED APPROVAL.—
‘‘(A) IN GENERAL.—If the Authority does
not notify the Mayor (or the appropriate officer
or agent of the District government) that it has
determined that a contract or lease submitted
under this subsection is consistent with the fi-
nancial plan and budget or is not consistent
with the financial plan and budget during the
30-day period (or, if the Authority meets the
requirements of subparagraph (B), such alter-
native period as the Authority may elect, not to
exceed 60 days) which begins on the first day
after the Authority receives the contract or
HR 2607 PP
lease, the Authority shall be deemed to have de-
termined that the contract or lease is consistent
with the financial plan and budget.
‘‘(B) ELECTION
OF
LONGER
PERIOD
BY
AUTHORITY.—The Authority meets the require-
ments of this subparagraph if, prior to the expi-
ration of the 30-day period described in sub-
paragraph (A), the Authority provides a notice
to the Mayor (or the appropriate officer or
agent of the District government) and Congress
which describes the period elected by the Au-
thority, together with an explanation of the
Authority’s decision to elect an alternative pe-
riod.’’.
FINANCIAL MANAGEMENT SYSTEM
SEC. 153. (a) IN GENERAL.—The Chief Financial
Officer of the District of Columbia shall enter into a con-
tract with a private entity under which the entity shall
carry out the following activities (by contract or otherwise)
on behalf of the District of Columbia:
(1) In accordance with the requirements of sub-
section (b), the establishment and operation of an
update of the present financial management system
for the government of the District of Columbia by
not later than June 30, 1998, to provide for the
complete, accurate, and timely input and processing
HR 2607 PP
of financial data and the generation of reliable out-
put reports for financial management purposes.
(2) To execute a process in accordance with
‘‘best practice’’ procedures of the information tech-
nology industry to determine the need, if any, of fur-
ther improving the updated financial management
system in subsection (a).
(b) SPECIFICATIONS FOR SHORT-TERM FINANCIAL
MANAGEMENT SYSTEM IMPROVEMENTS.—For purposes
of subsection (a)(1), the requirements of this subsection
are as follows:
(1) A qualified vendor, in accordance with Of-
fice of Management and Budget standards, shall up-
date the District of Columbia government’s financial
management system in use as of October 1, 1996.
(2) An information technology vendor shall op-
erate the financial data center environment of the
District government to ensure that its equipment
and operations are compatible with the updated fi-
nancial management system.
(3) A financial consulting vendor shall carry out
an assessment of the District government employees
who work with the financial management system,
provide training in the operation of the updated sys-
tem for those who are capable of effectively using
HR 2607 PP
the system, and provide recommendations to the
Chief Financial Officer regarding those who are not
capable of effectively using the system, including
recommendations for reassignment or for separation
from District government employment.
(c) CERTIFICATION OF POLICIES AND PROCEDURES
FOR ACQUISITION OF LONG-TERM FINANCIAL MANAGE-
MENT SYSTEM IMPROVEMENTS.—
(1) IN GENERAL.—The Chief Financial Officer
of the District of Columbia shall enter into a con-
tract with a private entity under which the entity
shall conduct an independent assessment to certify
whether the District government (including the Dis-
trict of Columbia Financial Responsibility and Man-
agement Assistance Authority) has established and
implemented policies and procedures that will result
in a disciplined approach to the acquisition of a fi-
nancial management system for the District govern-
ment, including policies and procedures with respect
to such items as—
(A) software acquisition planning,
(B) solicitation,
(C) requirements, development, and man-
agement,
(D) project office management,
HR 2607 PP
(E) contract tracking and oversight,
(F) evaluation of products and services
provided by the contractor, and
(G) the method that will be used to carry
out a successful transition to the delivered sys-
tem by its users.
(2) MODEL FOR ASSESSMENT.—The independ-
ent assessment shall be performed based on the
Software Acquisition Capability Maturity Model de-
veloped by the Software Engineering Institute or a
comparable methodology.
(3) REVIEW OF ASSESSMENT.—A copy of the
independent assessment shall be provided to the
Comptroller General, the Director of the Office of
Management and Budget, and the Inspector General
of the District of Columbia, who shall review and
prepare a report on the assessment.
(d) RESTRICTIONS ON SPENDING FOR OTHER FI-
NANCIAL MANAGEMENT SYSTEM PROCUREMENT AND DE-
VELOPMENT.—
(1) IN
GENERAL.—None of the funds made
available under this or any other Act may be used
to improve or replace the financial management sys-
tem of the government of the District of Columbia
(including the procuring of hardware and installa-
HR 2607 PP
tion of new software, conversion, testing, and train-
ing) until the expiration of the 30-day period which
begins on the date the Comptroller General, Director
of the Office of Management and Budget, and In-
spector General of the District of Columbia submit
a report under subsection (c)(3) to the Committees
on Appropriations of the House of Representatives
and the Senate, the Committee on Governmental Re-
form and Oversight of the House of Representatives,
and the Committee on Governmental Affairs of the
Senate, which certifies that the District government
has established and implemented the policies and
procedures described in subsection (c)(1).
(2)
EXCEPTIONS.—Paragraph
(1)
shall
not
apply to funds used to carry out subsection (a) or
to carry out the contract described in subsection (c).
POWERS AND DUTIES OF INSPECTOR GENERAL
SEC. 154. (a) CLARIFICATION OF AUTHORITY TO
CONDUCT AUDITS.—
(1) EXCLUSIVE AUTHORITY TO CONTRACT FOR
INDEPENDENT ANNUAL AUDIT.—None of the funds
made available under this Act or any other Act may
be used to carry out any contract to conduct the an-
nual audit of the complete financial statement and
report of the activities of the District government for
fiscal year 1997 or any succeeding fiscal year unless
HR 2607 PP
the contract is entered into by the Inspector General
of the District of Columbia.
(2) SCOPE
OF
AUDITS.—Section 208(a) the
District of Columbia Procurement Practices Act of
1985 (sec. 1–1182.8(a), D.C. Code) is amended by
adding at the end the following new paragraph:
‘‘(5) The Inspector General may include in any audits
conducted pursuant to this subsection (by contract or oth-
erwise) of the activities of the District government such
audits of the activities of the Authority as the Inspector
General considers appropriate.’’.
(b) CLARIFICATION
OF GROUNDS
FOR REMOVAL
FROM OFFICE.—Section 208(a)(1) of such Act (sec. 1–
1182.8(a)(1), D.C. Code), as amended by subsection (b),
is further amended by adding at the end the following new
subparagraph:
‘‘(G) The Authority or the Mayor (whichever is appli-
cable) may not remove the Inspector General under this
paragraph unless the Authority or the Mayor (as the case
may be) has consulted with Congress prior to the removal.
Such consultation shall include at a minimum the submis-
sion of a written statement to the Committees on Appro-
priations of the Senate and the House of Representatives,
the Committee on Government Reform and Oversight of
the House of Representatives, and the Committee on Gov-
HR 2607 PP
ernmental Affairs of the Senate, explaining the factual cir-
cumstances involved.’’.
(c) REQUIRING PLACEMENT
OF INSPECTOR GEN-
ERAL HOTLINE ON PERMIT AND LICENSE APPLICATION
FORMS.—
(1) IN GENERAL.—Each District of Columbia
permit or license application form printed after the
expiration of the 30-day period which begins on the
date of the enactment of this Act shall include the
telephone number established by the Inspector Gen-
eral of the District of Columbia for reporting in-
stances of waste, fraud, and abuse, together with a
brief description of the uses and purposes of such
number.
(2) QUARTERLY
REPORTS
ON
USE
OF
NUM-
BER.—Not later than 10 days after the end of such
calendar quarter of each fiscal year (beginning with
fiscal year 1998), the Inspector General of the Dis-
trict of Columbia shall submit a report to Congress
on the number and nature of the calls received
through the telephone number described in para-
graph (1) during the quarter and on the waste,
fraud, and abuse detected as a result of such calls.
HR 2607 PP
REQUIRING USE OF DIRECT DEPOSIT OR MAIL FOR ALL
PAYMENTS
SEC. 155. (a) IN GENERAL.—Notwithstanding any
other provision of law (including any law or regulation
providing for collective bargaining or the enforcement of
any collective bargaining agreement) or collective bargain-
ing agreement, any payment made by the District of Co-
lumbia after the expiration of the 45-day period which be-
gins on the date of the enactment of this Act to any person
shall be made by—
(1)
direct
deposit
through
electronic
funds
transfer to a checking, savings, or other account des-
ignated by the person; or
(2) a check delivered through the United States
Postal Service to the person’s place of residence or
business.
(b) REGULATIONS.—The Chief Financial Officer of
the District of Columbia is authorized to issue rules to
carry out this section.
REVISION OF CERTAIN AUDITING REQUIREMENTS
SEC. 156. (a) INFORMATION INCLUDED IN INDE-
PENDENT ANNUAL AUDIT.—Effective with respect to fis-
cal year 1997 and each succeeding fiscal year, the inde-
pendent annual audit of the government of the District
of Columbia conducted for a fiscal year pursuant to sec-
tion 4(a) of Public Law 94–399 (D.C. Code, sec. 47–
HR 2607 PP
119(a)) shall include the following information in the
Comprehensive Annual Financial Report:
(1) An audited budgetary statement comparing
actual revenues and expenditures during the fiscal
year with the amounts appropriated in the annual
appropriations act for the entire District government
and for each fund of the District government (and
each appropriation account with each such fund as
a supplemental schedule) for the fiscal year, together
with the revenue projections on which the appropria-
tions are based, to determine the surplus or deficit
thereof.
(2) An unaudited statement of monthly cash
flows (on a fund-by-fund basis) showing projected
and
actual
receipts
and
disbursements
(with
variances) by category.
(3) A discussion and analysis of the financial
condition and results of operations of the District
government prepared by the independent auditor.
(b) AUDIT
OF FINANCIAL RESPONSIBILITY
AND
MANAGEMENT ASSISTANCE AUTHORITY.—
(1) IN GENERAL.—Section 106 of the District
of Columbia Financial Responsibility and Manage-
ment Assistance Act of 1995 (D.C. Code, sec. 47–
304.1), as amended by section 11711(a) of the Bal-
HR 2607 PP
anced Budget Act of 1997, is amended by adding at
the end the following new subsection:
‘‘(e) ANNUAL FINANCIAL AUDIT.—
‘‘(1) IN GENERAL.—For each fiscal year (begin-
ning with fiscal year 1997), the Authority shall
enter into a contract, using annual appropriations to
the Authority, with an auditor who is a certified
public accountant licensed in the District of Colum-
bia to conduct an audit of the Authority’s financial
statements for the fiscal year, in accordance with
generally accepted government auditing standards,
and the financial statements shall be prepared in ac-
cordance with generally accepted accounting prin-
ciples.
‘‘(2) CONTENTS.—The auditor shall include in
the audit conducted under this subsection the follow-
ing information:
‘‘(A) An audited budgetary statement com-
paring gross actual revenues and expenditures
of the Authority during the fiscal year with
amounts appropriated, together with the reve-
nue projections on which the appropriations are
based, to determine the surplus or deficit there-
of.
HR 2607 PP
‘‘(B) An unaudited statement of monthly
cash flows, showing projected and actual re-
ceipts and disbursements by category (with
variances).
‘‘(C) A discussion and analysis of the fi-
nancial condition and results of operations of
the Authority prepared by the independent
auditor.
‘‘(3) SUBMISSION.—The Authority shall submit
the audit reports and financial statements conducted
under this subsection to Congress, the President, the
Comptroller General, the Council, and the Mayor.’’.
(2) RESPONSIBILITIES
OF
AUTHORITY.—The
District of Columbia Financial Responsibility and
Management Assistance Authority shall—
(A) with respect to the annual budget of
the Authority for fiscal year 1999 and each suc-
ceeding fiscal year, provide the Mayor of the
District of Columbia (prior to the transmission
of the budget by the Mayor to the President
and Congress under section 446 of the District
of Columbia Home Rule Act) with an item-by-
item accounting of the planned uses of appro-
priated and non-appropriated funds (including
HR 2607 PP
all projected revenues) of the Authority under
the budget for such fiscal year; and
(B) with respect to the annual budget of
the Authority for fiscal year 1997 and each suc-
ceeding fiscal year, provide the person conduct-
ing the independent annual audit of the govern-
ment of the District of Columbia pursuant to
section 4(a) of Public Law 94-399 (D.C. Code,
sec. 47–119(a)) (prior to the completion of the
audit) with the actual uses of all appropriated
and non-appropriated funds of the Authority
under the budget for such fiscal year.
(3)
INCLUSION
IN
INDEPENDENT
ANNUAL
AUDIT.—For purposes of the independent annual
audit of the government of the District of Columbia
conducted pursuant to section 4(a) of Public Law
94-399 (D.C. Code, sec. 47–119(a)) for fiscal year
1997 and each succeeding fiscal year, the District of
Columbia Financial Responsibility and Management
Assistance Authority shall be considered to be an en-
tity within the government of the District of Colum-
bia accountable for appropriated funds in the Dis-
trict of Columbia annual budget, and included as
such in the District of Columbia government’s Com-
prehensive Annual Financial Report.
HR 2607 PP
TREATMENT OF UNCLAIMED PROPERTY
SEC. 157. (a) DEFINITIONS OF CERTAIN TERMS.—
Section 102 of the Uniform Disposition of Unclaimed
Property Act of 1980 (D.C. Code, sec. 42–202) is amend-
ed—
(1) by amending paragraph (4) to read as fol-
lows:
‘‘(4) ‘Business association’ means a corpora-
tion, joint stock company, investment company,
partnership, unincorporated association, joint ven-
ture, limited liability, business trust, trust company,
financial organization, insurance company, mutual
fund, utility, or other business entity consisting of
one or more persons, whether or not for profit.’’;
and
(2) by adding at the end the following new
paragraphs:
‘‘(18) ‘Record’ means information that is in-
scribed on a tangible medium or that is stored in an
electronic or other medium and is retrievable in per-
ceivable form.
‘‘(19) ‘Property’ means a fixed and certain in-
terest in or right in property that is held, issued, or
owed in the course of a holder’s business, or by a
government or governmental entity, and all income
HR 2607 PP
or increments therefrom, including an interest re-
ferred to as or evidenced by any of the following:
‘‘(A) Money, check, draft, deposit, interest,
dividend, and income.
‘‘(B) Credit balance, customer overpay-
ment, gift certificate, security deposit, refund,
credit memorandum, unpaid wage, unused air-
line ticket, unused ticket, mineral proceed, and
unidentified
remittance
and
electronic
fund
transfer.
‘‘(C) Stock or other evidence of ownership
of an interest in a business association.
‘‘(D) Bond, debenture, note, or other evi-
dence of indebtedness.
‘‘(E) Money deposited to redeem stocks,
bonds, coupons, or other securities or to make
distributions.
‘‘(F) An amount due and payable under
the terms of an insurance policy, including poli-
cies providing life insurance, property and cas-
ualty insurance, workers compensation insur-
ance, or health and disability benefits insur-
ance.
‘‘(G) An amount distributable from a trust
or custodial fund established under a plan to
HR 2607 PP
provide health, welfare, pension, vacation, sever-
ance, retirement, death, stock purchase, profit
sharing, employee savings, supplemental unem-
ployment insurance, or similar benefits.’’.
(b) SHORTENING PERIOD
FOR PRESUMPTION
OF
ABANDONMENT.—
(1) IN GENERAL.—Section 103(a) of such Act
(D.C. Code, sec. 42–203(a)) is amended by striking
‘‘5 years’’ and inserting ‘‘3 years’’.
(2) BANK DEPOSITS AND FUNDS IN FINANCIAL
ORGANIZATIONS.—Section 106 of such Act (D.C.
Code, sec. 42–206) is amended by striking ‘‘5 years’’
each place it appears in subsections (a) and (d) and
inserting ‘‘3 years’’.
(3) FUNDS HELD BY LIFE INSURANCE COMPA-
NIES.—Section 107 of such Act (D.C. Code, sec. 42–
207) is amended by striking ‘‘5 years’’ each place it
appears in subsections (a) and (c)(2)(C) and insert-
ing ‘‘3 years’’.
(4) DEPOSITS AND REFUNDS HELD BY UTILI-
TIES.—Section 108 of such Act (D.C. Code, sec. 42–
208) is amended by striking ‘‘5 years’’ each place it
appears and inserting ‘‘1 year’’.
HR 2607 PP
(5) STOCK AND OTHER INTANGIBLE INTERESTS
IN BUSINESS ASSOCIATIONS.—Section 109 of such
Act (D.C. Code, sec. 42–209) is amended—
(A) by striking ‘‘5 years’’ each place it ap-
pears in subsections (a) and (b)(1) and insert-
ing ‘‘3 years’’; and
(B) in subsection (b)(2), by striking ‘‘5-
year’’ and inserting ‘‘3-year’’.
(6) PROPERTY HELD BY FIDUCIARIES.—Section
111(a) of such Act (D.C. Code, sec. 42–211(a)) is
amended by striking ‘‘5 years’’ and inserting ‘‘3
years’’.
(7) PROPERTY HELD BY PUBLIC OFFICERS AND
AGENCIES.—Section 112 of such Act (D.C. Code,
sec. 42–212) is amended by striking ‘‘2 years’’ and
inserting ‘‘1 year’’.
(8)
EMPLOYEE
BENEFIT
TRUST
DISTRIBU-
TIONS.—Section 113 of such Act (D.C. Code, sec.
42–213) is amended by striking ‘‘5 years’’ and in-
serting ‘‘3 years’’.
(9) CONTENTS OF SAFE DEPOSIT BOX.—Sec-
tion 115 of such Act (D.C. Code, sec. 42–215) is
amended by striking ‘‘5 years’’ and inserting ‘‘3
years’’.
HR 2607 PP
(c) CRITERIA
FOR PRESUMPTION
OF ABANDON-
MENT.—
(1) IN
GENERAL.—Section 103 of such Act
(D.C. Code, sec. 42–203) is amended by adding at
the end the following new subsection:
‘‘(d) A record of the issuance of a check, draft, or
similar instrument by a holder is prima facie evidence of
property held or owed to a person other than the holder.
In claiming property from a holder who is also the issuer,
the Mayor’s burden of proof as to the existence and
amount of the property and its abandonment is satisfied
by showing issuance of the instrument and passage of the
requisite period of abandonment. Defenses of payment,
satisfaction, discharge, and want of consideration are af-
firmative defenses that may be established by the holder.’’.
(2) SPECIAL
RULES
REGARDING
STOCK
AND
OTHER INTANGIBLE INTERESTS IN BUSINESS ASSO-
CIATIONS.—Section 109 of such Act (D.C. Code, sec.
42–209) is amended by adding at the end the follow-
ing new subsections:
‘‘(d) For purposes of subsection (b), the return of of-
ficial shareholder notifications or communications by the
postal service as undeliverable shall be evidence that the
association does not know the location of the owner.
HR 2607 PP
‘‘(e) In the case of property consisting of stock or
other intangible ownership interest enrolled in a plan that
provides for the automatic reinvestment of dividends, dis-
tribution, or other sums payable as a result of the interest,
the property may not be presumed to be abandoned under
this section unless either of the following applies:
‘‘(1) The records available to the administrator
of the plan show, with respect to any intangible own-
ership interest not enrolled in the reinvestment plan,
that the owner has not within 3 years communicated
in any manner described in subsection (a).
‘‘(2) 3 years have elapsed since the location of
the owner became unknown to the association, as
evidenced by the return of official shareholder notifi-
cations or by the postal service as undeliverable, and
the owner has not within those 3 years commu-
nicated in any manner described in subsection (a).
The 3-year period from the return of official share-
holder notifications or communications shall com-
mence from the earlier of the return of the second
such mailing or the time the holder discontinues
mailings to the shareholder.’’.
(3) SPECIAL RULE REGARDING PROPERTY DIS-
TRIBUTED THROUGH LITIGATION OR SETTLEMENT
HR 2607 PP
OF DISPUTE.—Section 110 of such Act (D.C. Code,
sec. 42–210) is amended—
(A) by striking ‘‘All intangible’’ and insert-
ing ‘‘(a) All intangible’’; and
(B) by adding at the end the following new
subsection:
‘‘(b) All intangible property payable or distributable
to a member or participant in a class action suit, either
one allowed by the court to be maintained as such or one
essentially handled as a class action suit and remaining
for more than one year after the time for the final pay-
ment or distribution is presumed abandoned, unless within
the preceding one year, there has been a communication
between the member or participant and the holder con-
cerning the property. Intangible property payable or dis-
tributable as the result of litigation or settlement of a dis-
pute before a judicial or administrative body and remain-
ing unclaimed for more than one year after the time for
the final distribution is presumed abandoned.’’.
(d) REQUIREMENTS FOR PERSONS HOLDING PROP-
ERTY PRESUMED ABANDONED.—
(1)
DEADLINE
FOR
FILING
REPORT
WITH
MAYOR.—Section 117(d) of such Act (D.C. Code,
sec. 42–217(d)) is amended to read as follows:
HR 2607 PP
‘‘(d)(1) The report as of the prior June 30th must
be filed before November 1st of each year, but a report
with respect to a life insurance company must be filed be-
fore May 1st of each year as of the prior December 31.
The Mayor may postpone the reporting date upon written
request by any person required to file a report.
‘‘(2) In calendar year 1998, a report concerning all
property presumed to be abandoned as of October 31,
1997, must be filed no later than January 2, 1998.’’.
(2) NOTIFICATION OF OWNER.—Section 117(e)
of such Act (D.C. Code, sec. 42–217(e)) is amended
to read as follows:
‘‘(e) Not earlier than 120 days prior to filing the re-
port required under this section (and not later than 60
days prior to filing such report), the holder of property
presumed abandoned shall send written notice to the ap-
parent owner of the property stating that the holder is
in possession of property subject to this Act, but only if—
‘‘(1) the holder has in its records an address for
the apparent owner, unless the holder’s records indi-
cate that such address is not accurate; and
‘‘(2) the value of the property is at least $50.’’.
(3) PAYMENT OR DELIVERY OF PROPERTY TO
MAYOR.—Section 119 of such Act (D.C. Code, sec.
HR 2607 PP
42–219) is amended by striking subsections (a), (b),
and (c) and inserting the following:
‘‘(a) Upon the filing of the report required under sec-
tion 117 with respect to property presumed abandoned,
the holder of the property shall pay or deliver (or cause
to be paid or delivered) to the Mayor the property de-
scribed in the report as abandoned, except that—
‘‘(1) in the case of property consisting of an
automatically renewable deposit for which a penalty
or forfeiture in the payment of interest would result
if payment were made to the Mayor at such time,
the holder may delay the payment or delivery of the
property to the Mayor until such time as the penalty
or forfeiture will not occur; and
‘‘(2) in the case of tangible property held in a
safe deposit box or other safekeeping depository, the
holder shall pay or deliver (or cause to be paid or
delivered) the property to the Mayor upon the expi-
ration of the 120-day period which begins on the
date the holder files the report required under sec-
tion 117.
‘‘(b) If the Mayor postpones the reporting date with
respect to the property under section 117(d), the holder,
upon receipt of the extension, may make an interim pay-