H. R. 2015—500
reports to the Superior Court with respect to an individual
on probation as the Superior Court may require.
(4) SUPERVISION
OF
DISTRICT
OF
COLUMBIA
PAROLEES.—
The Agency shall supervise all individuals on parole pursuant
to the District of Columbia Code. The Agency shall carry out
the conditions of release imposed by the United States Parole
Commission or, with respect to a misdemeanant, by the Supe-
rior Court of the District of Columbia, and shall make such
reports to the Commission or Court with respect to an individ-
ual on parole supervision as the Commission or Court may
require.
(d) AUTHORITY OF OFFICERS.—The supervision officers of the
Agency shall have and exercise the same powers and authority
as are granted by law to United States Probation and Pretrial
Officers.
(e) PRETRIAL SERVICES AGENCY AND PUBLIC DEFENDER SERV-
ICE.—
(1) INDEPENDENT ENTITIES.—The District of Columbia Pre-
trial Services Agency established by subchapter I of chapter
13 title 23, District of Columbia Code, and the District of
Columbia Public Defender Service established by title III of
the District of Columbia Court Reform and Criminal Procedure
Act of 1970 (D.C. Code, sec. 1-2701 et seq.) shall function
as independent entities within the Agency.
(2) SUBMISSION ON BEHALF OF PRETRIAL SERVICES.—The
Director of the Agency shall submit, on behalf of the District
of Columbia Pretrial Services Agency and with the approval
of the Director of the Pretrial Services Agency, an annual
appropriation request to the Office of Management and Budget.
Such request shall be separate from the request submitted
for the Agency.
(3) SUBMISSION ON BEHALF OF PUBLIC DEFENDER SERVICE.—
The Director of the Agency shall submit, on behalf of the
District of Columbia Public Defender Service and with the
approval of the Director of the Public Defender Service, an
annual appropriation request to the Office of Management and
Budget. Such request shall be separate from that submitted
for the Agency.
(4) LIABILITY OF DISTRICT OF COLUMBIA.—The District of
Columbia shall defend any civil action or proceeding brought
in any court or other official Federal, state, or municipal forum
against the District of Columbia Pretrial Services Agency, the
District of Columbia Public Defender Service, or the District
of Columbia or its officers, employees, or agents, and shall
assume any liability resulting from such an action or proceed-
ing, if the action or proceeding arises from the activities of
the District of Columbia Pretrial Services Agency or the District
of Columbia Public Defender Service prior to the date on which
the Offender Supervision, Defender and Courts Services Agency
assumes its duties.
(5) LITIGATION.—
(A) CORPORATION COUNSEL.—Subject to subparagraph
(B), the Corporation Counsel of the District of Columbia
shall provide litigation services to the District of Columbia
Pretrial Services Agency and the District of Columbia Pub-
lic Defender Service, except that the District of Columbia
H. R. 2015—501
Pretrial Services Agency and the District of Columbia Pub-
lic Defender Service may instead elect, either generally
or in relation to particular cases or classes of cases, to
hire necessary staff and personnel or enter into contracts
for the provision of litigation services at such agency’s
expense.
(B) ATTORNEY GENERAL.—
(i) IN
GENERAL.—Notwithstanding subparagraph
(A), with respect to any litigation involving the District
of Columbia Pretrial Services Agency, the Attorney
General may—
(I) direct the litigation of the agency, and of
the District of Columbia on behalf of the agency;
and
(II) provide on a reimbursable or non-
reimbursable basis litigation services for the
agency at the agency’s request or on the Attorney
General’s own initiative.
(ii) APPROVAL
OF
SETTLEMENT.—With respect to
any litigation involving the District of Columbia Pre-
trial Services Agency, the agency may not agree to
any settlement involving any form of equitable relief
without the approval of the Attorney General. The
agency shall provide to the Attorney General such
notice and reports concerning litigation as the Attorney
General may direct.
(iii) DISCRETION.—Any decision to exercise any
authority of the Attorney General under this paragraph
shall be in the sole discretion of the Attorney General
and shall not be reviewable in any court.
SEC. 11234. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated through the State
Justice Institute in each fiscal year such sums as may be necessary
for the following:
(1) District of Columbia Pretrial Services Agency.
(2) District of Columbia Public Defender Service.
(3) Supervision of offenders on probation, parole, or super-
vised release for offenses under the District of Columbia Code.
(4) Operation of the parole system for offenders convicted
of offenses under the District of Columbia Code.
(5) Operation of the Trusteeship described in section 11232.
CHAPTER 4—DISTRICT OF COLUMBIA COURTS
Subchapter A—Transfer of Administration and Financing of
Courts to Federal Government
SEC. 11241. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATIONS.—There are authorized to be appropriated
through the State Justice Institute in each fiscal year such sums
as may be necessary for the following:
(1) The Superior Court of the District of Columbia.
(2) The District of Columbia Court of Appeals.
(3) The District of Columbia Court System.
(b) SUBMISSION TO OMB.—The Joint Committee on Judicial
Administration in the District of Columbia shall include in its
H. R. 2015—502
submissions to the Office of Management and Budget and the
Congress, the budget and appropriations requests of the Superior
Court for the District of Columbia, the District of Columbia Court
of Appeals, and the District of Columbia Court System.
SEC. 11242. ADMINISTRATION OF COURTS UNDER DISTRICT OF COLUM-
BIA CODE.
(a) SUBMISSION
OF
ANNUAL
BUDGET
REQUESTS
BY
JOINT
COMMITTEE ON JUDICIAL ADMINISTRATION.—Section 11–1701(b)(4),
District of Columbia Code, is amended to read as follows:
‘‘(4) Submission of the annual budget requests of the Dis-
trict of Columbia Court of Appeals, the Superior Court of the
District of Columbia, and the District of Columbia Court System
as the integrated budget of the District of Columbia courts,
except that such requests may be modified upon the concurrence
of four of the five members of the Joint Committee.’’.
(b) AUDIT OF ACCOUNTS OF COURTS.—Section 11–1723(a)(3),
District of Columbia Code, is amended to read as follows:
‘‘(3) The Fiscal Officer shall be responsible for the approval
of vouchers and the internal auditing of the accounts of the
courts and shall arrange for an annual independent audit of
the accounts of the courts.’’.
(c) APPOINTMENT AND REMOVAL OF COURT PERSONNEL.—Section
11–1725(b) of the District of Columbia Code is amended to read
as follows:
‘‘(b) The Executive Officer shall appoint, and may remove,
the Director of Social Services, the clerks of the courts, the Auditor-
Master, and all other nonjudicial personnel for the courts (other
than the Register of Wills and personal law clerks and secretaries
of the judges) as may be necessary, subject to—
‘‘(1) regulations approved by the Joint Committee; and
‘‘(2) the approval of the chief judge of the court to which
the personnel are or will be assigned.
Appointments and removals of court personnel shall not be subject
to the laws, rules, and limitations applicable to District of Columbia
employees.’’.
(d) PROCUREMENT OF EQUIPMENT AND SUPPLIES.—Section 11–
1742(b), District of Columbia Code, is amended to read as follows:
‘‘(b) The Executive Officer shall be responsible for the procure-
ment of necessary equipment, supplies, and services for the courts
and shall have power, subject to applicable law, to reimburse the
District of Columbia government for services provided and to con-
tract for such equipment, supplies, and services as may be nec-
essary.’’.
(e) BUDGET AND EXPENDITURES.—
(1) IN
GENERAL.—Section 11–1743, District of Columbia
Code, is amended to read as follows:
‘‘§ 11–1743. Annual Budget and Expenditures.
‘‘(a) The Joint Committee shall prepare and submit to the
Mayor and the Council of the District of Columbia annual estimates
of the expenditures and appropriations necessary for the mainte-
nance and operations of the District of Columbia courts, and shall
submit such estimates to Congress and the Director of the Office
of Management and Budget after submitting them to the Mayor
and the Council. All such estimates shall be included in the budget
H. R. 2015—503
without revision by the President but subject to the President’s
recommendations.
‘‘(b) The District of Columbia Courts may make such expendi-
tures as may be necessary to execute efficiently the functions vested
in the Courts.
‘‘(c) All expenditures of the Courts shall be allowed and paid
upon presentation of itemized vouchers signed by the certifying
officer designated by the Joint Committee. All such expenditures
shall be paid out of moneys appropriated for purposes of the
Courts.’’.
(2) CLERICAL AMENDMENT.—The item relating to section
11–1743 in the table of sections for subchapter III of chapter
17 of title 11, District of Columbia Code, is amended to read
as follows:
‘‘11–1743. Annual budget and expenditures.’’.
SEC. 11243. BUDGETING AND FINANCING REQUIREMENTS FOR COURTS
UNDER HOME RULE ACT.
(a) BUDGET OF COURTS.—Section 445 of the District of Columbia
Self-Government and Governmental Reorganization Act (DC Code,
Title 11 App.) is amended to read as follows:
‘‘SEC. 445. The District of Columbia courts shall prepare and
annually submit to the Director of the Office of Management and
Budget, for inclusion in the annual budget, annual estimates of
the expenditures and appropriations necessary for the maintenance
and operation of the District of Columbia court system. The courts
shall submit as part of their budgets both a multiyear plan and
a multiyear capital improvements plan and shall submit a state-
ment presenting qualitative and quantitative descriptions of court
activities and the status of efforts to comply with reports of the
Comptroller General of the United States.’’.
(b) FINANCIAL DUTIES
OF
THE MAYOR.—Section 448(a)(6) of
such Act (DC Code, sec. 47–310(a)(6)) is amended to read as follows:
‘‘(6) supervise and be responsible for the levying and collec-
tion of all taxes, special assessments, license fees, and other
revenues of the District, as required by law, and receive all
moneys receivable by the District from the Federal Government
or from any agency or instrumentality of the District, except
that this paragraph shall not apply to moneys from the District
of Columbia Courts.’’.
(c) FUNDS
OF
THE DISTRICT.—Section 450 of such Act (DC
Code, sec. 47–130), is amended to read as follows:
‘‘SEC. 450. The General Fund of the District shall be composed
of those District revenues which on the effective date of this title
are paid into the Treasury of the United States and credited either
to the General Fund of the District or its miscellaneous receipts,
but shall not include any revenues which are applied by law to
any special fund existing on the date of enactment of this title.
The Council may from time to time establish such additional special
funds as may be necessary for the efficient operation of the govern-
ment of the District. All money received by any agency, officer,
or employee of the District in its or his official capacity shall
belong to the District government and shall be paid promptly to
the Mayor for deposit in the appropriate fund, except that all
money received by the District of Columbia Courts shall be depos-
ited in the Treasury of the United States or the Crime Victims
Fund.’’.
H. R. 2015—504
(d) REDUCTIONS IN BUDGETS OF INDEPENDENT AGENCIES.—Sec-
tion 453(c) of such Act (DC Code, sec. 47–304.1(c)) is amended
to read as follows:
‘‘(c) Subsection (a) shall not apply to amounts appropriated
or otherwise made available to the Council or to the District of
Columbia Financial Responsibility and Management Assistance
Authority established under section 101(a) of the District of Colum-
bia Financial Responsibility and Management Assistance Act of
1995.’’.
(e) TREATMENT
OF COURT FEES
IN CALCULATION
OF LIMITS
ON DISTRICT BORROWING.—Section 603 of such Act (DC Code, sec.
47–313) is amended—
(1) in subsection (b)—
(A) in paragraph (1)—
(i) in the first sentence, by striking ‘‘less court
fees, any fees’’ and inserting ‘‘less any fees’’; and
(ii) in the second sentence, by striking ‘‘section
2501 , title 47 of the District of Columbia Code, as
amended’’ and inserting ‘‘title VI of the District of
Columbia Revenue Act of 1939’’;
(B) in paragraph (3)(A), by striking ‘‘less court fees,
any fees’’ and inserting ‘‘less any fees’’; and
(2) in subsection (c), by striking the last sentence (relating
to budget estimates of the District of Columbia courts).
SEC. 11244. AUDITING OF ACCOUNTS OF COURT SYSTEM.
(a) POWERS OF DISTRICT OF COLUMBIA AUDITOR.—Section 455
of the District of Columbia Self-Government and Governmental
Reorganization Act (DC Code, sec. 47–117) is amended by adding
at the end the following new subsection:
‘‘(g) This section shall not apply to the District of Columbia
Courts or the accounts and operations thereof.’’.
(b) SUBMISSION OF GAO AUDIT REPORTS TO MAYOR AND COUN-
CIL.—Section 715(b) of title 31, United States Code (DC Code,
sec. 47–118.1(b)), is amended by striking ‘‘and the Mayor’’ and
inserting ‘‘and (other than the audit reports of the District of
Columbia Courts) the Mayor’’.
(c) INDEPENDENT ANNUAL AUDIT.—Section 4 of Public Law 94–
399 (DC Code, sec. 47–119) is amended by adding at the end
the following new subsection:
‘‘(d) This section shall not apply to the District of Columbia
Courts or the financial operations thereof.’’.
SEC. 11245. MISCELLANEOUS BUDGETING AND FINANCING REQUIRE-
MENTS FOR COURTS UNDER DISTRICT LAW.
(a) DEPOSIT OF PUBLIC FUNDS.—Section 2(21) of the District
of Columbia Depository Act of 1977 (DC Code, sec. 47–341(21))
is amended by striking ‘‘a court, agency’’ and inserting ‘‘an agency’’.
(b) REPROGRAMMING OF BUDGET AMOUNTS.—Section 4(h) of D.C.
Law 3–100 (DC Code, sec. 47–363(h)) is amended by striking ‘‘the
District of Columbia courts,’’.
(c) CONTROL OF GRANT FUNDS.—(1) Section 3(1) of D.C. Law
3–104 (DC Code, sec. 47–382(1)) is amended to read as follows:
‘‘(1) ‘Agency’ means the highest organizational structure
of the District at which budgeting data is aggregated, but
shall not include the District of Columbia Courts.’’
(2) Section 4(b) of D.C. Law 3–104 (DC Code, sec. 47–383(b))
is amended to read at follows:
H. R. 2015—505
‘‘(b) The Trustees of the University of the District of Columbia,
the Board of Education, and the D.C. General Hospital Commission
shall submit to the Mayor two copies of the application and com-
pleted approval form, as an advisory notice, concurrent with submit-
ting the application and completed approval form to a grant-making
agency in accordance with rules and regulations issued pursuant
to subsection (c) of this section.’’.
SEC. 11246. OTHER PROVISIONS RELATING TO ADMINISTRATION OF
DISTRICT OF COLUMBIA COURTS.
(a) JUROR FEES.—Section 11–1912(a), District of Columbia
Code, is amended to read as follows:
‘‘(a) Notwithstanding section 602(a) of the District of Columbia
Self-Government and Governmental Reorganization Act, grand and
petit jurors serving in the Superior Court shall receive fees and
expenses at rates established by the Board of Judges of the Superior
Court’’, except that such fees and expenses may not exceed the
respective rates paid to such jurors in the Federal system.’’.
(b) COMPENSATION
AND BENEFITS
FOR COURT PERSONNEL.—
(1) IN
GENERAL.—Section 11–1726, District of Columbia
Code, is amended to read as follows:
‘‘§ 11–1726. Compensation and benefits for court personnel.
‘‘(a) In the case of nonjudicial employees of the District of
Columbia courts whose compensation is not otherwise fixed by
this title, the Executive Officer shall fix the rates of compensation
of such employees without regard to chapter 51 and subchapter
III of chapter 53 of title 5, United States Code. Any rates so
established shall be subject to the limitation on pay fixed by
administrative action in section 5373 of such title. In fixing the
rates of compensation of nonjudicial employees under this section,
the Executive Officer may be guided by the rates of compensation
fixed for employees in the executive and judicial branches of the
Federal Government or State or local governments occupying the
same or similar positions or occupying positions of similar respon-
sibility, duty, and difficulty.
‘‘(b)(1) Nonjudicial employees of the District of Columbia courts
shall be treated as employees of the Federal Government solely
for purposes of any of the following provisions of title 5, United
States Code:
‘‘(A) Subchapter 1 of chapter 81 (relating to compensation
for work injuries).
‘‘(B) Chapter 83 (relating to retirement).
‘‘(C) Chapter 84 (relating to the Federal Employees’ Retire-
ment System).
‘‘(D) Chapter 87 (relating to life insurance).
‘‘(E) Chapter 89 (relating to health insurance).
‘‘(2) The employing agency shall make contributions under the
provisions referred to paragraph (1) at the same rates applicable
to agencies of the Federal Government.
‘‘(3) An individual who is a nonjudicial employee of the District
of Columbia courts on the date of the enactment of the Balanced
Budget Act of 1997 may make, within 60 days after such date,
an election under section 8351 or section 8432 of title 5, United
States Code, to participate in the Thrift Savings Plan for Federal
employees.
H. R. 2015—506
‘‘(c)(1) Judicial employees of the District of Columbia courts
shall be treated as employees of the Federal Government for pur-
poses of any of the following provisions of title 5, United States
Code:
‘‘(A) Subchapter 1 of chapter 81 (relating to compensation
for work injuries).
‘‘(B) Chapter 87 (relating to life insurance).
‘‘(C) Chapter 89 (relating to health insurance).
‘‘(2) The employing agency shall make contributions under the
provisions referred to paragraph (1) at the same rates applicable
to agencies of the Federal Government.
‘‘(3) For purposes of section 8706(b) and section 8901(3)(B)
of title 5, United States Code, benefits paid from the retirement
system for judicial employees of the District of Columbia courts
or from the system providing benefits to survivors of such employees
shall be considered an annuity.
‘‘(4) For purposes of section 8901(3)(A) of title 5, United States
Code, the retirement system for judicial employees of the District
of Columbia courts shall be considered a retirement system for
employees of the Government.’’.
(2) CLERICAL AMENDMENT.—The table of sections for sub-
chapter II of chapter 15 of title 11, District of Columbia Code,
is amended by amending the item relating to section 11–1726
to read as follows:
‘‘11–1726. Compensation and benefits for court personnel.’’.
(3) EFFECTIVE DATE.—The amendments made by this sub-
section shall apply with respect to all months beginning after
the date on which the Director of the Office of Personnel
Management issues regulations to carry out section 11–1726,
District of Columbia Code (as amended by paragraph (1)).
(c) RETIREMENT PERIOD FOR EXECUTIVE OFFICER.—Section 11–
1703(d), District of Columbia Code, is amended by striking the
period at the end and inserting the following: ‘‘, except that the
Executive Officer (if initially hired after October 1, 1997) shall
be eligible for retirement under subchapter III of chapter 15 when
the Executive Officer has completed 7 years of service as Executive
Officer, whether continuous or not.’’.
Subchapter B—Judicial Retirement Program
SEC. 11251. JUDICIAL RETIREMENT AND SURVIVORS ANNUITY FUND.
(a) ESTABLISHMENT
OF FUND.—Section 11–1570, District of
Columbia Code, is amended to read as follows:
‘‘§ 11–1570. The District of Columbia Judicial Retirement and
Survivors Annuity Fund.
‘‘(a) There is established in the Treasury a fund known as
the District of Columbia Judicial Retirement and Survivors Annuity
Fund (hereafter in this section referred to as the ‘Fund’), which
shall consist of the following assets:
‘‘(1) Amounts deposited by, or deducted and withheld from
the salary and retired pay of, a judge under section 1563
or 1567 of this title, which shall be credited to an individual
account of the judge.
‘‘(2) Amounts transferred from the District of Columbia
Judges’ Retirement Fund under section 124(c)(1) of the District
H. R. 2015—507
of Columbia Retirement Reform Act, as amended by section
11252 of the Balanced Budget Act of 1997.
‘‘(3) Amounts deposited under subsection (d).
‘‘(4) Any return on investment of the assets of the Fund.
‘‘(b)(1) The Secretary of the Treasury (hereafter in this section
referred to as the ‘Secretary’) shall be responsible for the adminis-
tration of the Fund. The Secretary may carry out such responsibil-
ities through an agreement with a Trustee or contractor (who
may be the Trustee or contractor appointed to carry out responsibil-
ities relating to Federal benefit payments under title I of the
National Capital Revitalization and Self-Government Improvement
Act of 1997) and an enrolled actuary (as defined in section
7701(a)(35) of the Internal Revenue Code of 1986) who is a member
of the American Academy of Actuaries (who may be the enrolled
actuary engaged under such Act).
‘‘(2) The chief judges of the District of Columbia Court of
Appeals and Superior Court of the District of Columbia shall submit
to the President and the Secretary an annual estimate of the
expenditures and appropriations necessary for the maintenance
and operation of the Fund, and such supplemental and deficiency
estimates as may be required from time to time for the same
purposes, according to law.
‘‘(3) The Secretary may cause periodic examinations of the
Fund to be made by an enrolled actuary (as defined in section
7701(a)(35) of the Internal Revenue Code of 1986) who is a member
of the American Academy of Actuaries.
‘‘(c)(1) Amounts in the Fund are available for the payment
of judges’ retirement pay, annuities, refunds, and allowances under
this subchapter.
‘‘(2) Notwithstanding any other provision of District law or
any other law, rule, or regulation, the Secretary may review benefit
determinations under this subchapter made prior to the date of
the enactment of the National Capital Revitalization and Self-
Government Improvement Act of 1997, and shall make initial bene-
fit determinations after such date.
‘‘(d)(1) Subject to the availability of appropriations, there shall
be deposited in the Fund, not later than the close of each fiscal
year (beginning with the first fiscal year which ends more than
6 months after the replacement plan adoption date described in
section 103(13) of the National Capital Revitalization and Self-
Government Improvement Act of 1997), an amount equal to the
sum of—
‘‘(A) the normal cost for the year;
‘‘(B) the annual amortization amount for the year (which
may not be less than zero); and
‘‘(C) the covered administrative expenses for the year.
‘‘(2) For purposes of this subsection:
‘‘(A) The ‘original unfunded liability’ is the amount that
is the present value as of June 30, 1997, of future benefits
payable from the Fund (net the sum of future normal cost
and plan assets as of such date).
‘‘(B) The ‘annual amortization amount’ is the amount deter-
mined by the enrolled actuary to be necessary to amortize
in equal annual installments (until fully amortized)—
‘‘(i) the original unfunded liability over a 30-year
period;
H. R. 2015—508
‘‘(ii) a net experience gain or loss over a 10-year period;
and
‘‘(iii) any other changes in actuarial liability over a
20-year period.
‘‘(C) The ‘covered administrative expenses’ are the expenses
determined by the Secretary (on an annual basis) to be nec-
essary to administer the Fund.
‘‘(3) Deposits made under this subsection shall be taken from
sums available for that fiscal year for the payment of the expenses
of the Court, and shall not be credited to the account of any
individual.
‘‘(e) The Secretary shall invest such portion of the Fund as
is not in the judgment of the Secretary required to meet current
withdrawals. Such investments shall be in public debt securities
with maturities suitable to the needs of the Fund, as determined
by the Secretary, and bearing interest at rates determined by
the Secretary, taking into consideration current market yields on
outstanding marketable obligations of the United States of com-
parable maturities.
‘‘(f) None of the moneys mentioned in this subchapter shall
be assignable, either in law or in equity, or be subject to execution,
levy, attachment, garnishment, or other legal process (except to
the extent permitted pursuant to the District of Columbia Spouse
Equity Act of 1988).
‘‘(g) Notwithstanding any other provision of District law, rule,
or regulation, any civil action brought—
‘‘(1) by an individual to enforce or clarify rights to benefits
from the Fund; or
‘‘(2) by the Secretary—
‘‘(A) to enforce any claim arising (in whole or in part)
under this section or any contract entered into to carry
out this section,
‘‘(B) to recover benefits improperly paid from the Fund
or to clarify an individual’s rights to benefits from the
Fund, or
‘‘(C) to enforce any provision of this section or any
contract entered into to carry out this section,
shall be brought in the United States District Court for the District
of Columbia.’’.
(b) CLERICAL AMENDMENT.—The table of sections for subchapter
III of chapter 15 of title 11, District of Columbia Code, is amended
by amending the item relating to section 11–1570 to read as follows:
‘‘11–1570. The District of Columbia Judicial Retirement and Survivors Annuity
Fund.’’.
SEC. 11252. TERMINATION OF CURRENT FUND AND PROGRAM.
(a) TERMINATION OF JUDGES’ RETIREMENT FUND.—Section 124
of the District of Columbia Retirement Reform Act (DC Code, sec.
1–714) is amended by striking subsection (c) and inserting the
following:
‘‘(c)(1) Notwithstanding any other provision of this Act or the
amendments made by this Act, upon the date the assets of the
Retirement Fund described in title I of the National Capital Revital-
ization and Self-Government Improvement Act of 1997 are trans-
ferred, the assets of the District of Columbia Judges’ Retirement
Fund established under subsection (a) shall be transferred to the
District of Columbia Judicial Retirement and Survivors Annuity
H. R. 2015—509
Fund under section 11–1570, District of Columbia Code, and no
amounts shall be deposited into the District of Columbia Judges’
Retirement Fund after the date on which the assets are so trans-
ferred.
‘‘(2) The District of Columbia Judges’ Retirement Fund estab-
lished under subsection (a) shall be continued in the Treasury
and appropriated for the purposes provided in this Act until such
time as all amounts in such Fund have been expended or transferred
to the District of Columbia Judicial Retirement and Survivors Annu-
ity Fund pursuant to paragraph (1). Thereafter any payments of
retirement pay, annuities, refunds, and allowances for judicial
personnel of the District of Columbia shall be paid from the District
of Columbia Judicial Retirement and Survivors Annuity Fund in
accordance with subchapter III of chapter 15 of title 11, District
of Columbia Code.’’.
(b) REMOVAL OF JUDGES FROM RETIREMENT BOARD.—Section
121(b)(1)(A) of the District of Columbia Retirement Reform Act
(DC Code, sec. 1–711(b)(1)(A)) is amended—
(1) in the matter preceding clause (i), by striking ‘‘13’’
and inserting ‘‘11’’;
(2) by striking clause (vii); and
(3) by redesignating clauses (viii) and (ix) as clauses (vii)
and (viii).
SEC. 11253. CONFORMING AMENDMENTS.
(a) TRANSFER OF AUTHORITY OVER FUND TO SECRETARY OF
TREASURY.—Title 11, District of Columbia Code, is amended as
follows:
(1) In sections 11–1561(8)(C), 11–1562(c), 11–1563(b), 11–
1563(c), 11–1564(d)(6), 11–1564(d)(7), 11–1566(a), and 11–
1570(c), by striking ‘‘Commissioner [Mayor]’’ each place it
appears and inserting ‘‘Secretary of the Treasury’’.
(2) In sections 11–1566(b)(2), 11–1567(a), 11–1567(b), by
striking ‘‘Mayor’’ each place it appears and inserting ‘‘Secretary
of the Treasury’’.
(3) In sections 11–1564(d)(2)(A) and 11–1568.1(1)(B), by
striking ‘‘Mayor of the District of Columbia’’ each place it
appears and inserting ‘‘Secretary of the Treasury’’.
(4) In section 11–1563(a), by striking ‘‘paid to the Custodian
of Retirement Funds (as defined in section 102(6) of the District
of Columbia Retirement Reform Act)’’ and inserting ‘‘paid to
the Secretary of the Treasury’’.
(b) DEFINITION
OF
FUND.—Section 11–1561(4), District of
Columbia Code, is amended to read as follows:
‘‘(4) The term ‘fund’ means the District of Columbia Judicial
Retirement and Survivors Annuity Fund established by sections
11–1570.’’.
(c) TREATMENT OF FEDERAL SERVICE OF JUDGES.—Section 11–
1564(d)(4), District of Columbia Code, is amended by striking
‘‘Judges’ Retirement Fund established by section 124(a) of the Dis-
trict of Columbia Retirement Reform Act’’ and inserting ‘‘Judicial
Retirement and Survivors Annuity Fund under section 11–1570’’.
H. R. 2015—510
Subchapter C—Miscellaneous Conforming and
Administrative Provisions
SEC. 11261. TREATMENT OF COURTS UNDER MISCELLANEOUS DIS-
TRICT LAWS.
(a) FINANCIAL RESPONSIBILITY AND MANAGEMENT ASSISTANCE
ACT.—Paragraph (5) of section 305 of the District of Columbia
Financial Responsibility and Management Assistance Act of 1995
(DC Code, sec. 47–393(5)) is amended to read as follows:
‘‘(5) The term ‘District government’ means the government
of the District of Columbia, including any department, agency
or instrumentality of the government of the District of Colum-
bia; any independent agency of the District of Columbia estab-
lished under part F of title IV of the District of Columbia
Self-Government and Governmental Reorganization Act or any
other agency, board, or commission established by the Mayor
or the Council; the Council of the District of Columbia; and
any other agency, public authority, or public benefit corporation
which has the authority to receive monies directly or indirectly
from the District of Columbia (other than monies received
from the sale of goods, the provision of services, or the loaning
of funds to the District of Columbia), except that such term
does not include the Authority.’’.
(b) MERIT PERSONNEL ACT.—(1) Section 201 of the District
of Columbia Comprehensive Merit Personnel Act of 1978 (DC Code,
sec. 1–602.1) is amended—
(A) by striking ‘‘(a) Except as provided in subsection (b)
or unless’’ and inserting ‘‘Unless’’; and
(B) by striking subsection (b).
(2) Section 301(13) of the District of Columbia Comprehensive
Merit Personnel Act of 1978 (DC Code, sec. 1–603.1(13)) is amended
by striking ‘‘, the Superior Court of the District of Columbia, and
the District of Columbia Court of Appeals shall be considered
independent agencies’’ and inserting ‘‘shall be considered an
independent agency’’.
SEC. 11262. REPRESENTATION OF INDIGENTS IN CRIMINAL CASES.
(a) BUDGET.—Section 11–2607, District of Columbia Code, is
amended to read as follows:
‘‘§ 11–2607. Preparation of Budget.
‘‘The joint committee shall prepare and include in its annual
budget requests for the District of Columbia court system estimates
of the expenditures and appropriations necessary for furnishing
representation by private attorneys to persons entitled to represen-
tation in accordance with section 2601 of this title.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 11–2608 of
the District of Columbia Code is amended to read as follows:
‘‘§ 11–2608. Authorization of appropriations.
‘‘There are authorized to be appropriated through the State
Justice Institute such sums as may be necessary to pay for represen-
tation by private attorneys and related services under this chapter.
When so specified in appropriation Acts, such appropriations shall
remain available until expended.’’.
(c) REPEAL AUTHORITY OF COUNCIL.—
H. R. 2015—511
(1) IN
GENERAL.—Section 11–2609, District of Columbia
Code, is repealed.
(2) CLERICAL AMENDMENT.—The table of sections for chap-
ter 26 of title 11, District of Columbia Code, is amended by
striking the item relating to section 11–2609.
CHAPTER 5—PRETRIAL SERVICES AGENCY AND PUBLIC
DEFENDER SERVICE
SEC. 11271. AMENDMENTS AFFECTING PRETRIAL SERVICES AGENCY.
(a) IN GENERAL.—Sections 23–1304 through 23–1308 of the
District of Columbia Code are amended to read as follows:
‘‘§ 23–1304. Executive committee; composition; appointment
and qualifications of Director
‘‘(a) The agency shall be advised by an executive committee
of seven members, of which four members shall constitute a quorum.
The Executive Committee shall be composed of the following persons
or their designees: the Chief Judge of the United States Court
of Appeals for the District of Columbia Circuit, the Chief Judge
of the United States District Court for the District of Columbia,
the Chief Judge of the District of the Columbia Court of Appeals,
the Chief Judge of the Superior Court of the District of Columbia,
the United States Attorney for the District of Columbia, the Director
of the District of Columbia Public Defender Service, and the Director
of the District of Columbia Offender Supervision, Defender and
Courts Services Agency.
‘‘(b) The Chief Judge of the United States Court of Appeals
for the District of Columbia Circuit and the Chief Judge of the
United States District Court for the District of Columbia, in con-
sultation with the other members of the executive committee, shall
appoint a Director of the agency who shall be a member of the
bar of the District of Columbia.
‘‘§ 23–1305. Duties of director; compensation
‘‘(a) The Director of the agency shall be responsible for the
supervision and execution of the duties of the agency. The Director
shall be compensated as a member of the Senior Executive Service
pursuant to subchapter VIII of chapter 53 of title 5, United States
Code.
‘‘§ 23–1306. Chief assistant and other agency personnel; com-
pensation
‘‘The Director shall employ a chief assistant who shall be com-
pensated as a member of the Senior Executive Service pursuant
to section 5382 of title 5, United States Code. The Director shall
employ such agency personnel as may be necessary properly to
conduct the business of the agency. All employees other than the
chief assistant shall receive compensation that is comparable to
levels of compensation established for Federal pretrial services
agencies.
‘‘§ 23–1307. Annual reports
‘‘(a) The Director shall each year submit to the executive
committee and to the Director of the District of Columbia Offender
Supervision, Defender and Courts Services Agency a report as to
the Pretrial Services Agency’s administration of its responsibilities
H. R. 2015—512
for the previous fiscal year. The Director shall include in the report
a statement of financial condition, revenues, and expenses for the
past fiscal year.
‘‘§ 23–1308. Appropriation; budget
‘‘There are authorized to be appropriated through the State
Justice Institute in each fiscal year such sums as may be necessary
to carry out the provisions of this subchapter. Funds appropriated
by Congress for the District of Columbia Pretrial Services Agency
shall be received by the Director of the District of Columbia Offender
Supervision, Defender and Courts Services Agency, and shall be
disbursed by that Director to and on behalf of the District of
Columbia Pretrial Services Agency. The District of Columbia Pre-
trial Services Agency shall submit to the Director of the District
of Columbia Offender Supervision, Defender and Courts Services
Agency at the time and in the form prescribed by that Director,
reports of its activities and financial position and its proposed
budget.’’.
(b) CLERICAL AMENDMENT.—The table of sections for subchapter
I of chapter 13 of title 23, District of Columbia Code, is amended
by striking the items relating to sections 23–1304 through 23–
1308 and inserting the following:
‘‘23–1304. Executive committee; composition; appointment and qualifications of Di-
rector.
‘‘23–1305. Duties of director; compensation.
‘‘23–1306. Chief assistant and other agency personnel; compensation.
‘‘23–1307. Annual reports.
‘‘23–1308. Appropriation; budget.’’.
SEC. 11272. AMENDMENTS AFFECTING PUBLIC DEFENDER SERVICE.
(a) BOARD
OF TRUSTEES.—Section 303(a) of the District of
Columbia Court Reform and Criminal Procedure Act of 1970 (DC
Code, sec. 1–2703(a)) is amended to read as follows:
‘‘(a) The Service shall be advised on matters of general policy
by a Board of Trustees.’’.
(b) APPOINTMENT OF DIRECTOR AND DEPUTY DIRECTOR.—Section
304 of such Act (DC Code, sec. 1–2704) is amended to read as
follows:
‘‘SEC. 304. DIRECTOR AND DEPUTY DIRECTOR; APPOINTMENT; DUTIES;
MEMBERSHIP IN BAR REQUIRED.
‘‘The Chief Judge of the United States Court of Appeals for
the District of Columbia Circuit and the Chief Judge of the United
States District Court for the District of Columbia, in consultation
with the persons described in subparagraphs (B) through (D) of
section 303(b)(1) and the Board of Trustees, shall appoint a Director
and Deputy Director of the Service. The Director shall be respon-
sible for the supervision and execution of the duties of the Service.
The Deputy Director shall assist the Director and shall perform
such duties as the Director may prescribe. The Director and Deputy
Director shall be members of the bar of the District of Columbia.
The Director of the District of Columbia Offender Supervision,
Defender and Courts Services Agency shall fix the compensation
of the Director and the Deputy Director, but the compensation
of the Director shall not exceed the compensation received by the
United States Attorney for the District of Columbia.’’.
(c) ANNUAL REPORT AND AUDIT.—Section 306 of such Act (DC
Code, sec. 1–2706) is amended—
H. R. 2015—513
(1) in subsection (a)—
(A) by striking ‘‘Board of Trustees’’ and inserting
‘‘Director’’, and
(B) by striking ‘‘and to the Mayor of the District of
Columbia’’ and inserting ‘‘to the Director of the District
of Columbia Offender Supervision, Defender and Courts
Services Agency, and to the Office of Management and
Budget’’; and
(2) in subsection (b)—
(A) by striking ‘‘Board of Trustees’’ and inserting
‘‘Director’’; and
(B) by striking ‘‘the Administrative Office of the United
States Courts’’ and inserting ‘‘the Director of the District
of Columbia Offender Supervision, Defender and Courts
Services Agency’’.
(d) APPROPRIATIONS.—Section 307 of such Act (DC Code, sec.
1–2707) is amended—
(1) by amending subsection (a) to read as follows:
‘‘(a) There are authorized to be appropriated through the State
Justice Institute in each fiscal year such sums as may be necessary
to carry out the provisions of this chapter. Funds appropriated
by Congress for the District of Columbia Public Defender Service
shall be received by the Director of the District of Columbia Offender
Supervision, Defender and Courts Services Agency, and shall be
disbursed by that Director to and on behalf of the Service. The
Service shall submit to the Director of the District of Columbia
Offender Supervision, Defender and Courts Services Agency, at
the time and in the form prescribed by that Director, reports of
its activities and financial position and its proposed budget.’’; and
(2) in subsection (b), by striking ‘‘Upon approval of the
Board of Trustees, the’’ and inserting ‘‘The’’ .
CHAPTER 6—MISCELLANEOUS PROVISIONS
SEC. 11281. TECHNICAL ASSISTANCE AND RESEARCH.
There are authorized to be appropriated to the National
Institute of Justice in each fiscal year (beginning with fiscal year
1998) such sums as may be necessary for the following activities:
(1) Research and demonstration projects, evaluations, and
technical assistance to assess and analyze the crime problem
in the District of Columbia, and to improve the ability of
the criminal justice and other systems and entities in the
District of Columbia to prevent, solve, and punish crimes.
(2) The establishment of a locally-based corporation or
institute in the District of Columbia supporting research and
demonstration projects relating to the prevention, solution, or
punishment of crimes in the District of Columbia, including
the provision of related technical assistance.
SEC. 11282. EXEMPTION FROM PERSONNEL AND BUDGET CEILINGS
FOR TRUSTEES AND RELATED AGENCIES.
The Trustees described in sections 11202 and 11232 and the
activities and personnel of, and the funds allocated or otherwise
available to, the Trustees and the agencies over which the Trustees
exercise financial oversight pursuant to those sections, shall not
be subject to any general personnel or budget limitations which
H. R. 2015—514
otherwise apply to the District of Columbia government or its
agencies in any appropriations act.
Subtitle D—Privatization of Tax Collection
and Administration
SEC. 11301. FINDINGS.
Congress finds as follows:
(1) The District of Columbia government has historically
had a poor record of determining and collecting all revenue
it is due under its revenue code.
(2) The impact on the District’s financial condition of poor
administration and collection is significant and has contributed
both to the size of its accumulated operating deficit and to
the difficulty in balancing the budget going forward.
(3) More complete collection of taxes would not only
increase District of Columbia revenues, but would give residents
and businesses a sense of equity and that all were paying
their fair share.
(4) Once District tax processing and collection is com-
petently managed it will be possible for the District government
to accurately assess the true value of its many taxes and
determine that some may be reduced or eliminated without
a significant negative impact on revenues.
(5) Any reduction or elimination of non-productive or
counterproductive taxes or taxes which cost more to administer
than they produce in revenue would significantly improve the
negative atmosphere surrounding the District of Columbia tax
system and its enforcement.
SEC. 11302. AUTHORIZING CHIEF FINANCIAL OFFICER TO PRIVATIZE
TAX ADMINISTRATION AND COLLECTION.
The Chief Financial Officer of the District of Columbia may
enter into contracts with a private entity for the administration
and collection of taxes of the District of Columbia.
Subtitle E—Financing of District of
Columbia Accumulated Deficit
SEC. 11401. FINDINGS.
Congress finds as follows:
(1) The District of Columbia government sold accumulated
deficit financing bonds in 1991.
(2) Between 1991 and the end of fiscal year 1997 the
District of Columbia government is expected to accumulate
an operating deficit in excess of $500,000,000.
(3) Requiring the District of Columbia budget for fiscal
year 1998 to be balanced will ensure that no further addition
is made to the accumulated operating deficit.
(4) In every other example of an American city in financial
crisis, a vital and necessary component of recovery was to
finance the accumulated operating deficit.
(5) Carrying forward an accumualted operating deficit of
more than $500,000,000 has a significant negative impact on
H. R. 2015—515
the District of Columbia’s cash flow and financial condition
and on its ability to improve its credit rating.
(6) It is not feasible to carry forward such a debt with
an expectation of paying it off gradually from future budget
surpluses.
(7) Financing the accumulated deficit would improve the
District’s cash management position and allow more normal
cash management techniques.
SEC. 11402. AUTHORIZATION FOR INTERMEDIATE-TERM ADVANCES OF
FUNDS BY THE SECRETARY OF THE TREASURY TO LIQ-
UIDATE THE ACCUMULATED GENERAL FUND DEFICIT OF
THE DISTRICT OF COLUMBIA.
Title VI of the District of Columbia Revenue Act of 1939 (DC
Code, sec. 47–3401 et seq.) is amended—
(1) by redesignating sections 602 through 605 as sections
603 through 606, respectively; and
(2) by inserting after section 601 the following:
‘‘SEC. 602. INTERMEDIATE-TERM ADVANCES FOR LIQUIDATION OF
DEFICIT.
‘‘(a) IN GENERAL.—If the conditions in subsection (b) are satis-
fied, the Secretary shall make an advance of funds from time
to time, out of any money in the Treasury not otherwise
appropriated and to the extent provided in advance in annual
appropriations Acts, for the purpose of assisting the District gov-
ernment in liquidating the outstanding accumulated operating defi-
cit of the general fund of the District government existing as of
September 30, 1997.
‘‘(b) 
CONDITIONS
TO
MAKING
ANY
INTERMEDIATE-TERM
ADVANCE.—The Secretary shall make an advance under this section
if—
‘‘(1) the Mayor delivers to the Secretary the following
instruments, in form and substance satisfactory to the Sec-
retary—
‘‘(A) a financing agreement in which the Mayor agrees
to procedures for requisitioning advances;
‘‘(B) a requisition for an advance under this section;
and
‘‘(C) a promissory note evidencing the District govern-
ment’s obligation to reimburse the Treasury for the
requisitioned advance, which note may be a general obliga-
tion bond issued under section 461(a) of the District of
Columbia 
Self-Government 
and 
Governmental
Reorganization Act by the District government to the
Secretary if the Secretary determines that such a bond
is satisfactory;
‘‘(2) the date on which the requisitioned advance is
requested to be made is not later than 3 years from the date
of enactment of the Balanced Budget Act of 1997;
‘‘(3) the District government delivers to the Secretary—
‘‘(A) evidence demonstrating to the satisfaction of the
Secretary that, at the time of the Mayor’s requisition for
an advance, the District government is effectively unable
to obtain credit in the public credit markets or elsewhere
in sufficient amounts and on sufficiently reasonable terms
to meet the District government’s need for financing to
accomplish the purpose described in subsection (a); and
H. R. 2015—516
‘‘(B) a schedule setting out the anticipated timing and
amounts of requisitions for advances under this section;
‘‘(4) the Authority certifies to the Secretary that—
‘‘(A) there is an approved financial plan and budget
in effect under the District of Columbia Financial Respon-
sibility and Management Assistance Act of 1995 for the
fiscal year in which the requisition is to be made;
‘‘(B) at the time that the Mayor’s requisition for an
advance is delivered to the Secretary, the District govern-
ment is in compliance with the approved financial plan
and budget;
‘‘(C) both the receipt of funds from such advance and
the reimbursement of Treasury for such advance are
consistent with the approved financial plan and budget
for the year;
‘‘(D) such advance will not adversely affect the financial
stability of the District government; and
‘‘(E) at the time that the Mayor’s requisition for an
advance is delivered to the Secretary, the District govern-
ment is effectively unable to obtain credit in the public
credit markets or elsewhere in sufficient amounts and on
sufficiently reasonable terms to meet the District govern-
ment’s need for financing to accomplish the purpose
described in subsection (a);
‘‘(5) the Inspector General of the District of Columbia cer-
tifies to the Secretary the information described in subpara-
graphs (A) through (D) of paragraph (4), and in making this
certification, the Inspector General may rely upon an audit
conducted by an outside auditor engaged by the Inspector Gen-
eral under section 208(a)(4) of the District of Columbia Procure-
ment Practices Act of 1985 if, after reasonable inquiry, the
Inspector General concurs in the findings of such audit;
‘‘(6) the Secretary determines that—
‘‘(A) there is reasonable assurance of reimbursement
for the requisitioned advance; and
‘‘(B) the debt owed by the District government to the
Treasury on account of the requisitioned advance will not
be subordinate to any other debt owed by the District
or to any other claims against the District; and
‘‘(7) the Secretary receives from such persons as the Sec-
retary determines to be appropriate such additional certifi-
cations and opinions relating to such matters as the Secretary
determines to be appropriate.
‘‘(c) AMOUNT OF ANY INTERMEDIATE-TERM ADVANCE.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (3),
if the conditions in paragraph (2) are satisfied, each advance
made under this section shall be in the amount designated
by the Mayor in the Mayor’s requisition for such advance.
‘‘(2) CONDITIONS
APPLICABLE
TO
DESIGNATED
AMOUNT.—
Paragraph (1) applies if—
‘‘(A) the Mayor certifies that the amount designated
in the Mayor’s requisition for such advance is needed to
accomplish the purpose described in subsection (a) within
30 days of the time that the Mayor’s requisition is delivered
to the Secretary; and
‘‘(B) the Authority concurs in the Mayor’s certification
under subparagraph (A).
H. R. 2015—517
‘‘(3) MAXIMUM AMOUNT.—Notwithstanding paragraph (1),
the aggregate amount of all advances made under this section
shall not be greater than $300,000,000.
‘‘(d) MATURITY OF ANY INTERMEDIATE-TERM ADVANCE.—
‘‘(1) IN GENERAL.—Except as provided in paragraphs (2)
and (3), each advance made under this section shall mature
on the date designated by the Mayor in the Mayor’s requisition
for such advance.
‘‘(2) LATEST PERMISSIBLE MATURITY DATE.—Notwithstand-
ing paragraph (1), the maturity date for any advance made
under this section shall not be later than 10 years from the
date on which the first advance under this section is made.
‘‘(4) SECRETARY’S
RIGHT
TO
REQUIRE
EARLY
REIMBURSE-
MENT.—Notwithstanding paragraph (1), if the Secretary
determines, at any time while any advance made under this
section has not been fully reimbursed, that the District is
able to obtain credit in the public credit markets or elsewhere
in sufficient amounts and on sufficiently reasonable terms,
in the judgment of the Secretary, to refinance all or a portion
of the unpaid balance of such advance in the public credit
markets or elsewhere without adversely affecting the financial
stability of the District government, the Secretary may require
reimbursement for all or a portion of the unpaid balance of
such advance at any time after the Secretary makes the
determination.
‘‘(e) INTEREST RATE.—Each advance made under this section
shall bear interest at an annual rate equal to a rate determined
by the Secretary at the time that the Secretary makes such advance
taking into consideration the prevailing yield on outstanding
marketable obligations of the United States with remaining periods
to maturity comparable to the repayment schedule of such advance,
plus 1⁄8 of 1 percent.
‘‘(f) OTHER TERMS AND CONDITIONS.—Each advance made under
this section shall be on such other terms and conditions, including
repayment schedule, as the Secretary determines to be appropriate.
‘‘(g) DEPOSIT OF ADVANCES.—As provided in section 204(b) of
the District of Columbia Financial Responsibility and Management
Assistance Act of 1995, advances made under this section for the
account of the District government shall be deposited by the Sec-
retary into an escrow account held by the Authority.’’.
SEC. 11403. CONFORMING AMENDMENTS.
(a) AMENDMENT TO SECTION 601.—Section 601 of the District
of Columbia Revenue Act of 1939 (DC Code, sec. 47–3401) is amend-
ed—
(1) in subsection (c)(2)(B)(i)(IV), by striking ‘‘602(b)’’ and
inserting ‘‘603(b)’’; and
(2) in subsection (d)(2)(B)(iii), by striking ‘‘602(b)’’ and
inserting ‘‘603(b)’’.
(b) AMENDMENT TO SECTION 604.—Section 604 of the District
of Columbia Revenue Act of 1939 (DC Code, sec. 47–3401.3) is
amended—
(1) in subsection (a)(2)(A)(i), by striking ‘‘602’’ and inserting
‘‘603’’; and
(2) in subsection (a)(2)(B)(i), by striking ‘‘602’’ and inserting
‘‘603’’.
H. R. 2015—518
SEC. 11404. TECHNICAL CORRECTIONS.
Section 601 of the District of Columbia Revenue Act of 1939
(DC Code, sec. 47–3401) is amended—
(1) in subsection (a)(3)(D), by striking ‘‘September 30, 1995’’
and inserting ‘‘September 30, 1996’’;
(2) in subsection (b)(2)(E), by striking ‘‘September 30, 1996’’
and inserting ‘‘September 30, 1997’’;
(3) in subsection (c)(2)(B)(i), by striking ‘‘October 1, 1995’’
and inserting ‘‘September 30, 1995’’;
(4) in subsection (d)(2)(B)(i)(II), by striking ‘‘September 30,
1997’’ and inserting ‘‘September 30, 1998’’;
(5) in subsection (d)(2)(B)(ii)—
(A) by striking ‘‘September 30, 1995’’ and inserting
‘‘October 1, 1995’’; and
(B) by striking ‘‘September 30, 1997’’ and inserting
‘‘October 1, 1997’’; and
(6) in subsection (d)(2)(C)(iv), by striking ‘‘September 30,
1997’’ and inserting ‘‘September 30, 1998’’.
SEC. 11405. AUTHORIZATION FOR ISSUANCE OF GENERAL OBLIGATION
BONDS BY THE DISTRICT OF COLUMBIA TO FINANCE OR
REFUND ITS ACCUMULATED GENERAL FUND DEFICIT.
Section 461(a) of the District of Columbia Self-Government
and Governmental Reorganization Act (DC Code, sec. 47–321(a))
is amended—
(1) in paragraph (1), by inserting ‘‘to finance or refund
the outstanding accumulated operating deficit of the general
fund of the District of $500,000,000, existing as of September
30, 1997,’’ after ‘‘existing as of September 30, 1990,’’; and
(2) in paragraph (2), by inserting ‘‘existing as of September
30, 1990’’ after ‘‘operating deficit’’.
Subtitle F—District of Columbia Bond
Financing Improvements
SEC. 11501. SHORT TITLE.
This subtitle may be cited as the ‘‘District of Columbia Bond
Financing Improvements Act of 1997’’.
SEC. 11502. FINDINGS.
Congress finds as follows:
(1) The bond authorization provision of the District of
Columbia Self-Government and Governmental Reorganization
Act (commonly known as the ‘‘Home Rule Act’’) have not been
updated to conform with changes in the municipal securities
marketplace.
(2) The Home Rule Act unduly limits the ability of the
District to take advantage of cost savings, investment
opportunities, and other efficiencies generally available to
municipal securities issuers.
(3) Section 461 of the Home Rule Act limits the ability
of the District government to implement cost-effective capital
planning to the extent that it does not permit the District
access to interim capital financing in anticipation of its periodic
long-term borrowings.
H. R. 2015—519
(4) Section 462 of the Home Rule Act prevents the re-
programming of unused bond proceeds from dormant projects
to other pending, authorized, and viable projects.
(5) Section 466 of the Home Rule Act requires that the
District undertake competitive bond sales even under cir-
cumstances in which greater efficiencies can be achieved
through negotiated sales.
(6) Section 490 of the Home Rule Act does not permit
the issuance and sale of taxable and tax-exempt bonds for
the full range of economic development and governmental pur-
poses permitted the States and their political subdivisions.
SEC. 11503. AMENDMENT TO SECTION 462 (RELATING TO CONTENTS
OF BORROWING LEGISLATION AND ELECTIONS ON ISSU-
ING GENERAL OBLIGATION BONDS).
Section 462(a) of the District of Columbia Self-Government
and Governmental Reorganization Act (DC Code, sec. 47-322(a))
is amended to read as follows:
‘‘(a) The Council may by act authorize the issuance of general
obligation bonds for the purposes specified in section 461. Such
an Act shall contain, at least, provisions—
‘‘(1) briefly describing the projects or categories of projects
to be financed by the Act;
‘‘(2) identifying the act authorizing each such project or
category of projects;
‘‘(3) setting forth the maximum amount of the principal
of the indebtedness which may be incurred for the projects
to be financed;
‘‘(4) setting forth the maximum rate of interest to be paid
on such indebtedness;
‘‘(5) setting forth the maximum allowable maturity for the
issue and the maximum debt service payable in any year;
and
‘‘(6) setting forth, in the event that the Council determines
in its discretion to submit the question of issuing such bonds
to a vote of the qualified voters of the District, the manner
of holding such election, the date of such election, the manner
of voting for or against the incurring of such indebtedness,
and the form of ballot to be used at such election.’’.
SEC. 11504. AMENDMENT TO SECTION 466 (RELATING TO PUBLIC OR
NEGOTIATED SALE OF GENERAL OBLIGATION BONDS).
Section 466 of the District of Columbia Self-Government and
Governmental Reorganization Act (DC Code, sec. 47-326) is amend-
ed by striking all after the heading and inserting the following:
‘‘SEC. 466. General obligation bonds issued under this part
may be sold at a private sale on a negotiated basis (in such manner
as the Mayor may determine to be in the public interest), or
may be sold at public sale upon sealed proposals after publication
of a notice of such public sale at least once not less than 10
days prior to the date fixed for sale in a daily newspaper carrying
municipal bond notices and devoted primarily to financial news
or to the subject of State and municipal bonds published in the
city of New York, New York, and in 1 or more newspapers of
general circulation published in the District. Such notice of public
sale shall state, among other things, that no proposal shall be
considered unless there is deposited with the District as a down
payment a certified check, cashier’s check, or surety for an amount
H. R. 2015—520
equal to at least 2 percent of the par amount of general obligation
bonds bid for, and the Mayor shall reserve the right to reject
any and all bids.’’.
SEC. 11505. AMENDMENT TO SECTION 467 (RELATING TO AUTHORITY
TO CREATE SECURITY INTERESTS IN DISTRICT REVE-
NUES).
Section 467 of the District of Columbia Self-Government and
Governmental Reorganization Act (D.C. Code Sec. 47-326.1.) is
amended by striking all after the heading and inserting the follow-
ing:
‘‘SEC. 467. (a) IN GENERAL.—An act of the Council authorizing
the issuance of general obligation bonds or notes under section
461(a), section 471(a), section 472(a), or section 475(a) may create
a security interest in any District revenues as additional security
for the payment of the bonds or notes authorized by such act.
‘‘(b) CONTENTS
OF ACTS.—Any such act creating a security
interest in District revenues may contain provisions (which may
be part of the contract with the holders of such bonds or notes)—
‘‘(1) describing the particular District revenues which are
subject to such security interest;
‘‘(2) creating a reasonably required debt service reserve
fund or any other special fund;
‘‘(3) authorizing the Mayor of the District to execute a
trust indenture securing the bonds or notes;
‘‘(4) vesting in the trustee under such a trust indenture
such properties, rights, powers, and duties in trust as may
be necessary, convenient, or desirable;
‘‘(5) authorizing the Mayor of the District to enter into
and amend agreements concerning—
‘‘(A) the custody, collection, use, disposition, security,
investment, and payment of the proceeds of the bonds
or notes and the District revenues which are subject to
such security interest; and
‘‘(B) the doing of any act (or the refraining from doing
any act) that the District would have the right to do in
the absence of such an agreement;
‘‘(6) prescribing the remedies of the holders of the bonds
or notes in the event of a default; and
‘‘(7) authorizing the Mayor to take any other actions in
connection with the issuance, sale, delivery, security, and pay-
ment of the bonds or notes.
‘‘(c) TIMING AND PERFECTION OF SECURITY INTERESTS.—Not-
withstanding article 9 of title 28 of the District of Columbia Code,
any security interest in District revenues created under subsection
(a) shall be valid, binding, and perfected from the time such security
interest is created, with or without the physical delivery of any
funds or any other property and with or without any further action.
Such security interest shall be valid, binding, and perfected whether
or not any statement, document, or instrument relating to such
security interest is recorded or filed. The lien created by such
security interest is valid, binding, and perfected with respect to
any individual or legal entity having claims against the District,
whether or not such individual or legal entity has notice of such
lien.
‘‘(d) OBLIGATIONS AND EXPENDITURES NOT SUBJECT TO APPRO-
PRIATION.—The fourth sentence of section 446 shall not apply to
H. R. 2015—521
any obligation or expenditure of any District revenues to secure
any general obligation bond or note under subsection (a).’’.
SEC. 11506. AMENDMENT TO SECTION 472 (RELATING TO BORROWING
IN ANTICIPATION OF REVENUES).
Section 472 of the District of Columbia Self-Government and
Governmental Reorganization Act (DC Code, sec. 47-328) is amend-
ed by striking all after the heading and inserting the following:
‘‘SEC. 472. (a) IN GENERAL.—In anticipation of the collection
or receipt of revenues for a fiscal year, the Council may by act
authorize the issuance of general obligation notes for such fiscal
year, to be known as revenue anticipation notes.
‘‘(b) LIMIT
ON AGGREGATE NOTES OUTSTANDING.—The total
amount of all revenue anticipation notes issued under subsection
(a) outstanding at any time during a fiscal year shall not exceed
20 percent of the total anticipated revenue of the District for such
fiscal year, as certified by the Mayor under this subsection. The
Mayor shall certify, as of a date which occurs not more than
15 days before each original issuance of such revenue anticipation
notes, the total anticipated revenue of the District for such fiscal
year.
‘‘(c) 
PERMITTED
OUTSTANDING
DURATION.—Any 
revenue
anticipation note issued under subsection (a) may be renewed.
Any such note, including any renewal note, shall be due and payable
not later than the last day of the fiscal year during which the
note was originally issued.
‘‘(d) EFFECTIVE DATE OF AUTHORIZATION ACTS; PAYMENTS NOT
SUBJECT TO APPROPRIATION.—
‘‘(1) EFFECTIVE DATE.—Notwithstanding section 602(c)(1),
any act of the Council authorizing the issuance of revenue
anticipation notes under subsection (a) shall take effect—
‘‘(A) if such act is enacted during a control year (as
defined in section 305(4) of the District of Columbia Finan-
cial Responsibility and Management Assistance Act of
1995), on the date of approval by the District of Columbia
Financial Responsibility and Management Assistance
Authority; or
‘‘(B) if such act is enacted during any other year,
on the date of enactment of such act.
‘‘(2) PAYMENTS
NOT
SUBJECT
TO
APPROPRIATION.—The
fourth sentence of section 446 shall not apply to any amount
obligated or expended by the District for the payment of the
principal of, interest on, or redemption premium for any reve-
nue anticipation note issued under subsection (a).’’.
SEC. 11507. ADDITION OF NEW SECTION 475 (RELATING TO GENERAL
OBLIGATION BOND ANTICIPATION NOTES).
(a) IN GENERAL.—Subpart 2 of part E of title IV of the District
of Columbia Self-Government and Governmental Reorganization
Act is amended by adding at the end the following new section:
‘‘BOND ANTICIPATION NOTES
‘‘SEC. 475. (a) AUTHORIZING ISSUANCE.—
‘‘(1) IN GENERAL.—In anticipation of the issuance of general
obligation bonds, the Council may by act authorize the issuance
of general obligation notes to be known as bond anticipation
notes in accordance with this section.
H. R. 2015—522
‘‘(2) PURPOSES; PERMITTING ISSUANCE OF GENERAL OBLIGA-
TION BONDS TO COVER INDEBTEDNESS.—The proceeds of bond
anticipation notes issued under this section shall be used for
the purposes for which general obligation bonds may be issued
under section 461, and such notes shall constitute indebtedness
which may be refunded through the issuance of general obliga-
tion bonds under such section.
‘‘(b) MAXIMUM ANNUAL DEBT SERVICE AMOUNT.—The Act of
the Council authorizing the issuance of bond anticipation notes
shall set forth for the bonds anticipated by such notes an estimated
maximum annual debt service amount based on an estimated sched-
ule of annual principal payments and an estimated schedule of
annual interest payments (based on an estimated maximum average
annual interest rate for such bonds over a period of 30 years
from the earlier of the date of issuance of the notes or the date
of original issuance of prior notes in anticipation of those bonds).
Such estimated maximum annual debt service amount as estimated
at the time of issuance of the original bond anticipation notes
shall be included in the calculation required by section 603(b)
while such notes or renewal notes are outstanding.
‘‘(c) PERMITTED OUTSTANDING DURATION.—Any bond anticipa-
tion note, including any renewal note, shall be due and payable
not later than the last day of the third fiscal year following the
fiscal year during which the note was originally issued.
‘‘(d) GENERAL AUTHORITY OF COUNCIL.—If provided for in Act
of the Council authorizing such an issue of bond anticipation notes,
bond anticipation notes may be issued in succession, in such
amounts, at such times, and bearing interest rates within the
permitted maximum authorized by such Act.
‘‘(e) EFFECTIVE DATE OF AUTHORIZATION ACTS; PAYMENTS NOT
SUBJECT TO APPROPRIATION.—
‘‘(1) EFFECTIVE DATE.—Notwithstanding section 602(c)(1),
any act of the Council authorizing the renewal of bond anticipa-
tion notes under subsection (c) or the issuance of general obliga-
tion bonds under section 461(a) to refund any bond anticipation
notes shall take effect—
‘‘(A) if such act is enacted during a control year (as
defined in section 305(4) of the District of Columbia Finan-
cial Responsibility and Management Assistance Act of
1995), on the date of approval by the District of Columbia
Financial Responsibility and Management Assistance
Authority; or
‘‘(B) if such act is enacted during any other year,
on the date of enactment of such act.
‘‘(2) PAYMENT NOT SUBJECT TO APPROPRIATION.—The fourth
sentence of 446 shall not apply to any amount obligated or
expended by the District for the payment of the principal of,
interest on, or redemption premium for any bond anticipation
note issued under this section.’’.
(b) CLERICAL AMENDMENT.—The table of contents for the Dis-
trict of Columbia Self-Government and Governmental Reorganiza-
tion Act is amended by adding at the end of the items relating
to subpart 2 of part E of title IV the following new item:
‘‘Sec. 475. Bond anticipation notes.’’.
H. R. 2015—523
SEC. 11508. AMENDMENT TO SECTION 490 (RELATING TO REVENUE
BONDS AND OTHER OBLIGATIONS).
Section 490 of the District of Columbia Self-Government and
Governmental Reorganization Act (DC Code, sec. 47–334), as
amended by section 2 of the District of Columbia Water and Sewer
Authority Act of 1996, is amended—
(1) in subsection (a)—
(A) by amending paragraphs (1) through (3) to read
as follows:
‘‘(a)(1) Subject to paragraph (2), the Council may by act or
by resolution authorize the issuance of taxable and tax-exempt
revenue bonds, notes, or other obligations to borrow money to
finance, refinance, or reimburse and to assist in the financing,
refinancing, or reimbursing of or for capital projects and other
undertakings by the District or by any District instrumentality,
or on behalf of any qualified applicant, including capital projects
or undertakings in the areas of housing; health facilities; transit
and utility facilities; manufacturing; sports, convention, and enter-
tainment facilities; recreation, tourism and hospitality facilities;
facilities to house and equip operations of the District government
or its instrumentalities; public infrastructure development and
redevelopment; elementary, secondary and college and university
facilities; educational programs which provide loans for the payment
of educational expenses for or on behalf of students; facilities used
to house and equip operations related to the study, development,
application, or production of innovative commercial or industrial
technologies and social services; water and sewer facilities (as
defined in paragraph (5)); pollution control facilities; solid and
hazardous waste disposal facilities; parking facilities, industrial
and commercial development; authorized capital expenditures of
the District; and any other property or project that will, as deter-
mined by the Council, contribute to the health, education, safety,
or welfare, of, or the creation or preservation of jobs for, residents
of the District, or to economic development of the District, and
any facilities or property, real or personal, used in connection with
or supplementing any of the foregoing; lease-purchase financing
of any of the foregoing facilities or property; and any costs related
to the issuance, carrying, security, liquidity or credit enhancement
of or for revenue bonds, notes, or other obligations, including,
capitalized interest and reserves, and the costs of bond insurance,
letters of credit, and guaranteed investment, forward purchase,
remarketing, auction, and swap agreements. Any such financing,
refinancing, or reimbursement may be effected by loans made
directly or indirectly to any individual or legal entity, by the pur-
chase of any mortgage, note, or other security, or by the purchase,
lease, or sale of any property.
‘‘(2) Any revenue bond, note, or other obligation issued under
paragraph (1) shall be a special obligation of the District and
shall be a negotiable instrument, whether or not such revenue
bond, note, or other obligation is a security as defined in section
28:8-102(1)(a) of title 28 of the District of Columbia Code.
‘‘(3) Any revenue bond, note, or other obligation issued under
paragraph (1) shall be paid and secured (as to principal, interest,
and any premium) as provided by the act or resolution of the
Council authorizing the issuance of such revenue bond, note, or
other obligation. Any act or resolution of the Council, or any delega-
tion of Council authority under subsection (a)(6), authorizing the