I
105TH CONGRESS
2D SESSION
H. R. 4566
To make technical and clarifying amendments to the National Capital
Revitalization and Self-Government Improvement Act of 1997.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 15, 1998
Mr. DAVIS of Virginia introduced the following bill; which was referred to the
Committee on Government Reform and Oversight, and in addition to the
Committee on Ways and Means, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To make technical and clarifying amendments to the Na-
tional Capital Revitalization and Self-Government Im-
provement Act of 1997.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘District of Columbia
Courts and Justice Technical Corrections Act of 1998’’.
SEC. 2. TECHNICAL AND CLARIFYING AMENDMENTS RE-
LATING TO JUDICIAL RETIREMENT PRO-
GRAM.
(a) ADMINISTRATION
OF JUDICIAL RETIREMENT
AND SURVIVORS ANNUITY FUND.—Section 11–1570, Dis-
trict of Columbia Code, as amended by section 11251 of
the Balanced Budget Act of 1997, is amended as follows:
(1) In subsection (b)(1)—
(A) by striking ‘‘title I of the National
Capital Revitalization and Self-Government Im-
provement Act of 1997’’ and inserting ‘‘subtitle
A of title XI of the Balanced Budget Act of
1997’’; and
(B) by inserting after the second sentence
the following new sentences: ‘‘Notwithstanding
any other provision of District law or any other
law, rule, or regulation, any Trustee, contrac-
tor, or enrolled actuary selected by the Sec-
retary under this subsection may, with the ap-
proval of the Secretary, enter into one or more
subcontracts with the District of Columbia gov-
ernment or any person to provide services to
such Trustee, contractor, or enrolled actuary in
connection with its performance of its agree-
ment with the Secretary. Such Trustee, con-
tractor, or enrolled actuary shall monitor the
performance of any subcontract to which it is a
party and enforce its provisions.’’.
(2) In subsection (b)(2)—
(A) by striking ‘‘chief judges of the Dis-
trict of Columbia Court of Appeals and Supe-
rior Court of the District of Columbia’’ and in-
serting ‘‘Secretary’’;
(B) by striking ‘‘and the Secretary’’;
(C) by striking ‘‘and appropriations’’; and
(D) by striking ‘‘and deficiency’’.
(3) By amending subsection (c) to read as fol-
lows:
‘‘(c)(1) Amounts in the Fund are available—
‘‘(A) for the payment of judges retirement pay,
annuities, refunds, and allowances under this sub-
chapter;
‘‘(B) to cover the reasonable and necessary ex-
penses of administering the Fund under any agree-
ment entered into with a Trustee, contractor, or en-
rolled actuary under subsection (b)(1), including any
agreement with a department, agency or instrumen-
tality of the United States; and
‘‘(C) to cover the reasonable and necessary ad-
ministrative expenses incurred by the Secretary in
carrying out the Secretary’s responsibilities under
this subchapter.
‘‘(2) Notwithstanding any other provision of District
law or any other law, rule, or regulation—
‘‘(A) the Secretary may review benefit deter-
minations under this subchapter made prior to the
date of the enactment of the Balanced Budget Act
of 1997, and shall make initial benefit determina-
tions after such date; and
‘‘(B) the Secretary may recoup or recover, or
waive recoupment or recovery of, any amounts paid
under this subchapter as a result of errors or omis-
sions by any person.’’.
(4) In subsection (d)(1)—
(A) by striking ‘‘Subject to the availability
of appropriations, there shall be deposited into
the Fund’’ and inserting ‘‘The Secretary shall
pay into the Fund from the General Fund of
the Treasury’’; and
(B) by striking ‘‘(beginning with the first
fiscal year which ends more than 6 months
after the replacement plan adoption date de-
scribed in section 103(13) of the National Cap-
ital Revitalization and Self-Government Im-
provement Act of 1997)’’.
(5) In subsection (d)(2)(A)—
(A) by striking ‘‘June 30, 1997’’ and in-
serting ‘‘September 30, 1997’’; and
(B) by striking ‘‘net the sum of future nor-
mal cost’’ and inserting ‘‘net of the sum of the
present value of future normal costs’’.
(6) In subsection (d)(3), by striking ‘‘shall be
taken from sums available for that fiscal year for
the payment of the expenses of the Court, and’’.
(7) By adding at the end the following new sub-
sections:
‘‘(h) For purposes of the Internal Revenue Code of
1986—
‘‘(1) the Fund shall be treated as a trust de-
scribed in section 401(a) of the Code that is exempt
from taxation under section 501(a) of the Code;
‘‘(2) any transfer to or distribution from the
Fund shall be treated in the same manner as a
transfer to or distribution from a trust described in
section 401(a) of the Code; and
‘‘(3) the benefits provided by the Fund shall be
treated as benefits provided under a governmental
plan maintained by the District of Columbia.
‘‘(i) For purposes of the Employee Retirement In-
come Security Act of 1974, the benefits provided by the
amended by adding at the end the following new
item:
‘11–1572. Regulations; effect on Reform Act.’.’’
(c) TERMINATION OF PREVIOUS FUND AND PRO-
GRAM.—Section 124 of the District of Columbia Retire-
ment Reform Act (DC Code, sec. 1–714), as amended by
section 11252(a) of the Balanced Budget Act of 1997, is
amended—
(1) in subsection (a), by inserting ‘‘(except as
provided in section 11–1570, District of Columbia
Code)’’ after ‘‘the following’’;
(2) in subsection (c)(1), by striking ‘‘title I of
the National Capital Revitalization and Self-Govern-
ment Improvement Act of 1997’’ and inserting ‘‘sub-
title A of title XI of the Balanced Budget Act of
1997’’; and
(3) in subsection (c)(2)—
(A) by striking ‘‘(2) The’’ and inserting
‘‘(2) In accordance with the direction of the
Secretary, the’’;
(B) by striking ‘‘in the Treasury’’ and in-
serting ‘‘at the Board’’; and
(C) by striking ‘‘appropriated’’ and insert-
ing ‘‘used’’.
(d) ADMINISTRATION
OF RETIREMENT FUNDS.—
Section 11252 of the Balanced Budget Act of 1997 is
amended—
(1) by redesignating subsection (b) as sub-
section (c);
(2) by inserting after subsection (a) the follow-
ing new subsection:
‘‘(b) TRANSITION FROM DISTRICT OF COLUMBIA AD-
MINISTRATION.—Sections 11023, 11032(b)(2), 11033(d),
and 11041 shall apply to the administration of the District
of Columbia Judges Retirement Fund established under
section 124 of the District of Columbia Retirement Re-
form Act (DC Code, sec. 1–714), the District of Columbia
Judicial Retirement and Survivors Annuity Fund estab-
lished under section 11–1570, District of Columbia Code,
and the retirement program for judges under subchapter
III of chapter 15 of title 11, District of Columbia Code,
except as follows:
‘‘(1) In applying each such section—
‘‘(A) any reference to this subtitle shall in-
stead refer to subchapter III of chapter 15 of
title 11, District of Columbia Code;
‘‘(B) any reference to the District Retire-
ment Program shall be deemed to include the
retirement program for judges under sub-
chapter III of chapter 15 of title 11, District of
Columbia Code;
‘‘(C) any reference to the District Retire-
ment Fund shall be deemed to include the Dis-
trict of Columbia Judges Retirement Fund es-
tablished under section 124 of the District of
Columbia Retirement Reform Act;
‘‘(D) any reference to Federal benefit pay-
ments shall be deemed to include judges retire-
ment pay, annuities, refunds and allowances
under subchapter III of chapter 15 of title 11,
District of Columbia Code;
‘‘(E) any reference to the Trust Fund shall
instead refer to the District of Columbia Judi-
cial Retirement and Survivors Annuity Fund
established under section 11–1570, District of
Columbia Code;
‘‘(F) any reference to section 11033 shall
instead refer to section 124 of the District of
Columbia Retirement Reform Act, as amended
by section 11252; and
‘‘(G) any reference to chapter 2 shall in-
stead refer to section 11–1570, District of Co-
lumbia Code.
‘‘(2) In applying section 11023—
‘‘(A) any reference to the contract shall in-
stead refer to the agreement referred to in sec-
tion 11–1570(b), District of Columbia Code;
and
‘‘(B) any reference to the Trustee shall in-
stead refer to the Trustee or contractor referred
to in section 11–1570(b), District of Columbia
Code.
‘‘(3) In applying section 11033(d)—
‘‘(A) any reference to this section shall in-
stead refer to section 124 of the District of Co-
lumbia Retirement Reform Act, as amended by
section 11252; and
‘‘(B) any reference to the Trustee shall in-
stead refer to the Secretary or the Trustee or
contractor referred to in section 11–1570(b),
District of Columbia Code.
‘‘(4) In applying section 11041(b), any ref-
erence to the Trustee shall instead refer to the
Trustee or contractor referred to in section 11–
1570(b), District of Columbia Code.’’; and
(3) by adding at the end the following new sub-
section:
‘‘(d) EFFECTIVE DATE.—The provisions of sub-
section (c) shall take effect on the date on which the assets
of the District of Columbia Judges Retirement Fund are
transferred to the District of Columbia Judicial Retire-
ment and Survivors Annuity Fund.’’.
(e) MISCELLANEOUS TECHNICAL
AND CLERICAL
AMENDMENTS.—(1) Sections 11–1568(d) and 11–1569,
District of Columbia Code, are each amended by striking
‘‘Mayor’’ each place it appears and inserting ‘‘Secretary
of the Treasury’’.
(2) Section 11–1568.2, District of Columbia Code, is
amended by striking ‘‘Mayor of the District of Columbia’’
each place it appears and inserting ‘‘Secretary of the
Treasury’’.
(3) Section 121(b)(1)(A) of the District of Columbia
Retirement Reform Act (DC Code, sec. 1–711(b)(1)(A)),
as amended by section 11252(c)(1) of the Balanced Budg-
et Act of 1997 (as redesignated by subsection (d)(1)), is
amended in the matter preceding clause (i), by striking
‘‘11’’ and inserting ‘‘12’’.
(4) Section 11–1561(4), District of Columbia Code,
as amended by section 11253(b) of the Balanced Budget
Act of 1997, is amended by striking ‘‘sections’’ and insert-
ing ‘‘section’’.
(5) Section 11253(c) of the Balanced Budget Act of
1997 (Public Law 105–33; 111 Stat. 759) is amended to
read as follows: