1997CRS12514B DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 1998

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Archive-Name: gov/us/fed/congress/record/1997/nov/13/1997CRS12514B
[Congressional Record: November 13, 1997 (Senate)]
[Page S12514-S12515]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr13no97-63]

DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 1998

Mr. LOTT. Mr. President, I ask the Chair lay before the Senate a
message from the House of Representatives on the bill (H.R. 2607)
making appropriations for the government of the District of Columbia
and other activities chargeable in whole or in part against the
revenues of said District for the fiscal year ending September 30,
1998, and for other purposes.
The PRESIDING OFFICER laid before the Senate the following message
from the House of Representatives:

Resolved, That the House agree to the amendments of the
Senate to the bill (H.R. 2607) entitled ``An Act making
appropriations for the government of the District of Columbia
and other activities chargeable in whole or in part against
the revenues of said District for the fiscal year ending
September 30, 1998, and for other purposes.'', with the
following amendments:
(1)On page 1, line 1, strike all through line 7

(2)On page 1, line 8, strike [The] and insert: That the

(3)On page 2, line 2, strike all from ``to'' through ``Act,''
on line 3

(4)On page 11, line 20, after the word ``fund'' insert:
described in section 172 of this Act

(5)On page 12, line 8, strike [all]

(6)On page 34, line 16, after ``or'' insert: previously

(7)On page 44, line 15, before the period, insert:
, except that the Chief Financial Officer may not reprogram
for operating expenses any funds derived from bonds, notes,
or other obligations issued for capital projects

(8)On page 46, after line 9, insert:

(c) Report on Expenditures by Financial Responsibility and
Management Assistance Authority.--Not later than 20 calendar
days after the end of each fiscal quarter starting October 1,
1997, the District of Columbia Financial Responsibility and
Management Assistance Authority shall submit a report to the
Committees on Appropriations of the House of Representatives
and the Senate, the Committee on Government Reform and
Oversight of the House, and the Committee on Governmental
Affairs of the Senate providing an itemized accounting of all
non-appropriated funds obligated or expended by the Authority
for the quarter. The report shall include information on the
date, amount, purpose, and vendor name, and a description of
the services or goods provided with respect to the
expenditures of such funds.

(9)On page 47, line 21, strike [$5,000,000] and insert:
$12,000,000

(10)On page 59, line 11, strike [(f)] and insert: (e)

(11)On page 77, line 17, strike all through page 78, line 2

(12)On page 78, after line 2, insert the following:
Sec. 166. Notwithstanding any other provision of Federal or
District of Columbia law applicable to a reemployed
annuitant's entitlement to retirement or pension benefits,
the Director of the Office of Personnel Management may waive
the provisions of section 8344 of title 5 of the United
States Code for any reemployed annuitants appointed
heretofore or hereafter as a Trustee under section 11202 or
11232 of the National Capital Revitalization and Self-
Government Improvement Act of 1997, or, at the request of
such a Trustee, for any employee of such Trustee.
Sec. 167. Section 2203(i)(2)(A) of the District of Columbia
School Reform Act of 1995 (Public Law 104-134; 110 Stat.
3009-504; D.C. Code 31-2853.13(i)(2)(A)) is amended to read
as follows:
``(A) In general.--
``(i) Annual limit.--Subject to subparagraph (B) and clause
(ii), during calendar year 1997, and during each subsequent
calendar year, each eligible chartering authority shall not
approve more than 10 petitions to establish a public charter
school under this subtitle.
``(ii) Timetable.--Any petition approved under clause (i)
shall be approved during an application approval period that
terminates on April 1 of each year. Such an approval period
may commence before or after January 1 of the

[[Page S12515]]

calendar year in which it terminates, except that any
petition approved at any time during such an approval period
shall count, for purposes of clause (i), against the total
number of petitions approved during the calendar year in
which the approval period terminates.''.
Sec. 168. Section 2205(a) of the District of Columbia
School Reform Act of 1995 (Public Law 104-134; 110 Stat.
1321-122; D.C. Code 31-2853.15(a)) is amended by striking
``7,'' and inserting ``15,''.
Sec. 169. Section 2214(g) of the District of Columbia
School Reform Act of 1995 (Public Law 104-134; 110 Stat.
1321-133; D.C. Code 31-2853.24(g)) is amended by inserting
``to the Board'' after ``appropriated''.
Sec. 170. Section 2401(b)(3)(B) of the District of Columbia
School Reform Act of 1995 (Public Law 104-134; 110 Stat.
1321-137; D.C. Code 31-2853.41(b)(3)(B)) is amended--
(1) in clause (i), by striking ``or'';
(2) in clause (ii), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(iii) to whom the school provides room and board in a
residential setting.''.
Sec. 171. Section 2401(b)(3) of the District of Columbia
School Reform Act of 1995 (Public Law 104-134; 110 Stat.
1321-137; D.C. Code 31-2853.41(b)(3)) is amended by adding at
the end the following:
``(C) Adjustment for facilities costs.--Notwithstanding
paragraph (2), the Mayor and the District of Columbia
Council, in consultation with the Board of Education and the
Superintendent, shall adjust the amount of the annual payment
under paragraph (1) to increase the amount of such payment
for a public charter school to take into account leases or
purchases of, or improvements to, real property, if the
school, not later than April 1 of the fiscal year preceding
the payment, requests such an adjustment.''.
Sec. 172. (a) Payments to New Charter Schools.--Section
2403(b) of the District of Columbia School Reform Act of 1995
(Public Law 104-134; 110 Stat. 1321-140; D.C. Code 31-
2853.43(b)) is amended to read as follows:
``(b) Payments to New Schools.--
``(1) Establishment of fund.--There is established in the
general fund of the District of Columbia a fund to be known
as the `New Charter School Fund'.
``(2) Contents of fund.--The New Charter School Fund shall
consist of--
``(A) unexpended and unobligated amounts appropriated from
local funds for public charter schools for fiscal year 1997
and subsequent fiscal years that reverted to the general fund
of the District of Columbia;
``(B) amounts credited to the fund in accordance with this
subsection upon the receipt by a public charter school
described in paragraph (5) of its first initial payment under
subsection (a)(2)(A) or its first final payment under
subsection (a)(2)(B); and
``(C) any interest earned on such amounts.
``(3) Expenditures from fund.--
``(A) In general.--Not later than June 1, 1998, and not
later than June 1 of each year thereafter, the Chief
Financial Officer of the District of Columbia shall pay, from
the New Charter School Fund, to each public charter school
described in paragraph (5), an amount equal to 25 percent of
the amount yielded by multiplying the uniform dollar amount
used in the formula established under section 2401(b) by the
total anticipated enrollment as set forth in the petition to
establish the public charter school.
``(B) Pro rata reduction.--If the amounts in the New
Charter School Fund for any year are insufficient to pay the
full amount that each public charter school described in
paragraph (5) is eligible to receive under this subsection
for such year, the Chief Financial Officer of the District of
Columbia shall ratably reduce such amounts for such year on
the basis of the formula described in section 2401(b).
``(C) Form of payment.--Payments under this subsection
shall be made by electronic funds transfer from the New
Charter School Fund to a bank designated by a public charter
school.
``(4) Credits to fund.--Upon the receipt by a public
charter school described in paragraph (5) of--
``(A) its first initial payment under subsection (a)(2)(A),
the Chief Financial Officer of the District of Columbia shall
credit the New Charter School Fund with 75 percent of the
amount paid to the school under paragraph (3); and
``(B) its first final payment under subsection (a)(2)(B),
the Chief Financial Officer of the District of Columbia shall
credit the New Charter School Fund with 25 percent of the
amount paid to the school under paragraph (3).
``(5) Schools described.--A public charter school described
in this paragraph is a public charter school that--
``(A) did not enroll any students during any portion of the
fiscal year preceding the most recent fiscal year for which
funds are appropriated to carry out this subsection; and
``(B) operated as a public charter school during the most
recent fiscal year for which funds are appropriated to carry
out this subsection.
``(6) Authorization of appropriations.--There are
authorized to be appropriated to the Chief Financial Officer
of the District of Columbia such sums as may be necessary to
carry out this subsection for each fiscal year.''.
(b) Reduction of Annual Payment.--
(1) Initial payment.--Section 2403(a)(2)(A) of the District
of Columbia School Reform Act (Public Law 104-134; 110 Stat.
1321-139; D.C. Code 31-2853.43(a)(2)(A)) is amended to read
as follows:
``(A) Initial payment.--
``(i) In general.--Except as provided in clause (ii), not
later than October 15, 1996, and not later than October 15 of
each year thereafter, the Mayor shall transfer, by electronic
funds transfer, an amount equal to 75 percent of the amount
of the annual payment for each public charter school
determined by using the formula established pursuant to
section 2401(b) to a bank designated by such school.
``(ii) Reduction in case of new school.--In the case of a
public charter school that has received a payment under
subsection (b) in the fiscal year immediately preceding the
fiscal year in which a transfer under clause (i) is made, the
amount transferred to the school under clause (i) shall be
reduced by an amount equal to 75 percent of the amount of the
payment under subsection (b).''.
(2) Final payment.--Section 2403(a)(2)(B) of the District
of Columbia School Reform Act (Public Law 104-134; 110 Stat.
1321-139; D.C. Code 31-2853.43(a)(2)(B)) is amended--
(A) in clause (i)--
(i) by inserting ``In general.--'' before ``Except''; and
(ii) by striking ``clause (ii),'' and inserting ``clauses
(ii) and (iii),'';
(B) in clause (ii), by inserting ``Adjustment for
enrollment.--'' before ``Not later than March 15, 1997,'';
and
(C) by adding at the end the following:
``(iii) Reduction in case of new school.--In the case of a
public charter school that has received a payment under
subsection (b) in the fiscal year immediately preceding the
fiscal year in which a transfer under clause (i) is made, the
amount transferred to the school under clause (i) shall be
reduced by an amount equal to 25 percent of the amount of the
payment under subsection (b).''.
This title may be cited as the ``District of Columbia
Appropriations Act, 1998''.

(13)On page 99, line 22, strike all through line 23

(14)On page 100, line 1, strike all through page 708, line 7

Mr. LOTT. Mr. President, I ask unanimous consent that the Senate
concur in the House amendments to the Senate amendments, and, further,
that the Senate recede from its amendment to the title.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. LOTT. Mr. President, this is the first of the three remaining
appropriations items that the Senate must complete prior to
adjournment.
I thank all Members on both sides of the aisle for their cooperation
as we cleared this first appropriations bill.
I yield the floor.
I observe the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. LOTT. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

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