[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2607 Engrossed Amendment House (EAH)]


  1st Session

                               H.R. 2607

_______________________________________________________________________

                               AMENDMENTS

                                   TO

                           SENATE AMENDMENTS
                In the House of Representatives, U. S.,

                                                     November 12, 1997.

    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 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
    And that the House disagree to the amendment of the Senate to the 
title.
            Attest:

                                                                          Clerk.