H. R. 2607—24
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, regulation,
or collective bargaining agreement either in effect or to be nego-
tiated 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 authority (other
than a personnel authority of an agency which is subject to a
management reform plan under subtitle 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 established by
any other provision of this title, any District government employee,
regardless of date of hire, who encumbers a position identified
for abolishment shall be separated without competition or assign-
ment 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 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.
‘‘(f ) Neither the establishment of a competitive area smaller
than an agency, nor the determination that a specific 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 contesting a deter-
mination 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 separation procedures
of subsections (d) and (e) were not properly applied.
‘‘(g) 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 employees 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.
‘‘(h) Separation pursuant to this section shall not affect an
employee’s rights under either the Agency Reemployment Priority
Program or the Displaced Employee Program established pursuant
to Chapter 24 of the District Personnel Manual.
‘‘(i) With respect to agencies which are not subject to a manage-
ment reform plan under subtitle B of title XI of the Balanced
Budget Act of 1997, the Mayor shall submit to the Council a
listing of all positions to be abolished by agency and responsibility
H. R. 2607—25
center by March 1, 1998 or upon the delivery of termination notices
to individual employees.
‘‘( j) Notwithstanding the provisions of section 1708 or section
2402(d), the provisions of this Act shall not be deemed negotiable.
‘‘(k) A personnel authority shall cause a 30-day termination
notice to be served, no later than September 1, 1998, on any
incumbent employee remaining in any position identified to be
abolished pursuant to subsection (b) of this section.
‘‘(l) 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 provided 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.’’.
SEC. 151. (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 REGARDING 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 pro-
vided using funds made available in this Act, it is the sense
of the Congress that entities receiving the assistance should,
in expending 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 inten-
tionally affixed a label bearing 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 contract or
subcontract made with funds made available in this Act, pursuant
to the debarment, suspension, and ineligibility procedures described
in sections 9.400 through 9.409 of title 48, Code of Federal Regula-
tions.
SEC. 152. (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 ANNUITIES PAID TO
CHILD SURVIVORS
OF DISTRICT
OF COLUMBIA POLICE
AND FIRE-
FIGHTERS.—
(1) IN GENERAL.—Subsection (k)(5) of the Policemen and
Firemen’s Retirement and Disability Act (D.C. Code, sec. 4–
622(e)) is amended by adding at the end the following new
subparagraph:
H. R. 2607—26
‘‘(D) If the annuity of a child under subparagraph (A) or
subparagraph (B) terminates because of marriage and such mar-
riage 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 termination of marriage
taking effect on or after November 1, 1993, except that benefits
shall be payable 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.
SEC. 153. (a) IN GENERAL.—The Council of the District of
Columbia shall annually review and adjust the amount of the
monthly assistance payment that may be made under the Tem-
porary Assistance for Needy Families Program so that such payment
is comparable with the monthly assistance payments made under
such program in Maryland and Virginia counties that are contig-
uous to the District of Columbia.
(b) EFFECTIVE DATE.—Subsection (a) shall apply with respect
to fiscal year 1998 and each succeeding fiscal year.
SEC. 154. Effective as if included in the enactment of the
Omnibus Consolidated Rescissions and Appropriations 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’’.
SEC. 155. REQUIRING PLACEMENT OF INSPECTOR GENERAL HOT-
LINE 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 General of the District of Columbia for reporting
instances of waste, fraud, and abuse, together with a brief
description of the uses and purposes of such number.
(2) QUARTERLY REPORTS ON USE OF NUMBER.—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 District of Columbia shall submit a report to
Congress on the number and nature of the calls received
through the telephone number described in paragraph (1) dur-
ing the quarter and on the waste, fraud, and abuse detected
as a result of such calls.
SEC. 156. (a) IN GENERAL.—Notwithstanding any other provi-
sion of law (including any law or regulation providing for collective
bargaining or the enforcement of any collective bargaining agree-
ment) or collective bargaining agreement, any payment made by
the District of Columbia after the expiration of the 45-day period
which begins 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 designated 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.
H. R. 2607—27
SEC. 157. (a) DEPOSIT OF ANNUAL FEDERAL CONTRIBUTION WITH
AUTHORITY.—
(1) IN
GENERAL.—The District of Columbia Financial
Responsibility and Management Assistance Act of 1995, as
amended by section 11601(b)(2) of the Balanced Budget Act
of 1997, is amended by inserting after section 204 the following
new section:
‘‘SEC. 205. DEPOSIT OF ANNUAL FEDERAL CONTRIBUTION WITH
AUTHORITY.
‘‘(a) IN GENERAL.—
‘‘(1) DEPOSIT
INTO
ESCROW
ACCOUNT.—In the case of a
fiscal year which is a control year, the Secretary of the Treasury
shall deposit any Federal contribution to the District of Colum-
bia for the year authorized under section 11601(c)(2) of the
Balanced Budget Act of 1997 into an escrow account held
by the Authority, which shall allocate the funds to the Mayor
at such intervals and in accordance with such terms and condi-
tions as it considers appropriate to implement the financial
plan for the year. In establishing such terms and conditions,
the Authority shall give priority to using the Federal contribu-
tion for cash flow management and the payment of outstanding
bills owed by the District government.
‘‘(2) EXCEPTION FOR AMOUNTS WITHHELD FOR ADVANCES.—
Paragraph (1) shall not apply with respect to any portion of
the Federal contribution which is withheld by the Secretary
of the Treasury in accordance with section 605(b)(2) of title
VI of the District of Columbia Revenue Act of 1939 to reimburse
the Secretary for advances made under title VI of such Act.
‘‘(b) EXPENDITURE OF FUNDS FROM ACCOUNT IN ACCORDANCE
WITH
AUTHORITY
INSTRUCTIONS.—Any funds allocated by the
Authority to the Mayor from the escrow account described in para-
graph (1) may be expended by the Mayor only in accordance with
the terms and conditions established by the Authority at the time
the funds are allocated.’’.
(2) CLERICAL AMENDMENT.—The table of contents for such
Act is amended by inserting after the item relating to section
204 the following new item:
‘‘Sec. 205. Deposit of annual Federal contribution with Authority.’’.
(3) EFFECTIVE
DATE.—The amendments made by this
subsection shall take effect as if included in the enactment
of the Balanced Budget Act of 1997.
(b) DISHONORED CHECK COLLECTION.—The Act entitled ‘‘An
Act to authorize the Commissioners of the District of Columbia
to prescribe penalties for the handling and collection of dishonored
checks’’, approved September 28, 1965 (D.C. Code, sec. 1–357) is
amended—
(1) in subsection (a) by inserting after the third sentence
the following: ‘‘ The Mayor may enter into a contract to collect
the amount of the original obligation.’’; and
(2) by adding at the end the following new subsections:
‘‘(c) In a case in which the amount of a dishonored or unpaid
check is collected as a result of a contract, the Mayor shall collect
any costs or expenses incurred to collect such amount from such
person who gives or causes to be given, in payment of any obligation
or liability due the government of the District of Columbia, a
check which is subsequently dishonored or not duly paid. In a
H. R. 2607—28
case in which the amount of a dishonored or unpaid check is
collected as a result of an action at law or in equity, such costs
and expenses shall include litigation expenses and attorney’s fees.
‘‘(d) An action at law or in equity for the recovery of any
amount owed to the District as a result of subsection (c), including
any litigation expenses or attorney’s fees may be initiated—
‘‘(1) by the Corporation Counsel of the District of
Columbia; or
‘‘(2) in a case in which the Corporation Counsel does not
exercise his or her authority, by the person who provides collec-
tion services as a result of a contract with the Mayor.
‘‘(e) Nothing in this section may be construed to eliminate
the Mayor’s exclusive authority with respect to any obligations
and liabilities of the District of Columbia.’’.
(c) CONFORMING REFERENCES TO INTERNAL REVENUE CODE OF
1986.—Section 4(28A) of the District of Columbia Income and Fran-
chise Act of 1947 (D.C. Code, sec. 47–1801.4(28A)) is amended
to read as follows:
‘‘(28A) The term ‘Internal Revenue Code of 1986’ means
the Internal Revenue Code of 1986 (100 Stat. 2085; 26 U.S.C.
1 et seq.), as amended through August 20, 1996. The provisions
of the Internal Revenue Code of 1986 shall be effective on
the same dates that they are effective for Federal tax
purposes.’’.
(d) STANDARD FOR REVIEW OF RECOMMENDATIONS OF BUSINESS
REGULATORY REFORM COMMISSION IN REVIEW OF REGULATIONS BY
AUTHORITY.—Section 11701(a)(1) of the Balanced Budget Act of
1997 is amended by striking the second sentence and inserting
the following: ‘‘In carrying out such review, the Authority shall
include an explicit reference to each recommendation made by
the Business Regulatory Reform Commission pursuant to the Busi-
ness Regulatory Reform Commission Act of 1994 (D.C. Code, sec.
2–4101 et seq.), together with specific findings and conclusions
with respect to each such recommendation.’’.
(e) TECHNICAL CORRECTIONS RELATING TO BALANCED BUDGET
ACT
OF 1997.—(1) Effective as if included in the enactment of
the Balanced Budget Act of 1997, section 453(c) of the District
of Columbia Home Rule Act (D.C. Code, sec. 47–304.1(c)), as amend-
ed by section 11243(d) of the Balanced Budget Act of 1997, is
amended to read as follows:
‘‘(c) Subsection (a) shall not apply to amounts appropriated
or otherwise made available to the Council, the District of Columbia
Financial Responsibility and Management Assistance Authority
established under section 101(a) of the District of Columbia Finan-
cial Responsibility and Management Assistance Act of 1995, or
the District of Columbia Water and Sewer Authority established
pursuant to the Water and Sewer Authority Establishment and
Department of Public Works Reorganization Act of 1996.’’.
(2) Section 11201(g)(2)(A)(ii) of the Balanced Budget Act of
1997 is amended—
(A) in the heading, by striking ‘‘DEPARTMENT OF PARKS
AND RECREATION’’ and inserting ‘‘PARKS AUTHORITY’’; and
(B) by striking ‘‘Department of Parks and Recreation’’ and
inserting ‘‘Parks Authority’’.
(f ) REPEAL
OF PRIOR NOTICE REQUIREMENT
FOR FEDERAL
ACTIVITIES AFFECTING REAL PROPERTY IN DISTRICT OF COLUMBIA.—