[Congressional Record Volume 143, Number 160 (Thursday, November 13, 1997)]
[Senate]
[Pages S12514-S12515]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             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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