[House Report 105-403]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    105-403
_______________________________________________________________________


 
TO PROVIDE FOR THE CONSIDERATION OF H.R. 2607, THE DISTRICT OF COLUMBIA 
           APPROPRIATIONS BILL, 1998, WITH SENATE AMENDMENTS

                                _______
                                

 November 12, 1997.--Referred to the House Calendar and ordered to be 
                                printed

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   Mrs. Myrick, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 324]

    The Committee on Rules, having had under consideration 
House Resolution 324, by a non-record vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

               brief summary of provisions of resolution

    The resolution provides for the consideration of H.R. 2607, 
the ``District of Columbia Appropriations Bill, 1998'' with 
Senate amendments, under a rule providing for a single motion 
offered by the Chairman of the Committee on Appropriations or 
his designee to concur in the Senate amendment to the text, any 
rule of the House to the contrary notwithstanding, with the 
amendment printed in this report and disagree to the Senate 
amendment to the title.
    The rule provides that the Senate amendments and the motion 
be considered as read. Finally, the rule provides one hour of 
debate equally divided and controlled by the chairman and 
ranking minority member of the Committee on Appropriations.
    Amendment to be offered by the Chairman of the Committee on 
Appropriations:
    On page 1, line 1, strike all through line 7.
    On page 1, line 8, strike ``The'' and insert ``That the''.
    On page 2, line 2, strike all from ``to'' through ``Act,'' 
on line 3.
    On page 11, line 20, after the word ``fund'' insert 
``described in section 172 of this Act''.
    On page 12, line 8, strike ``all''.
    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 project''.
    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.
    On page 47, line 21 strike ``$5,000,000'' and insert 
``$12,000,000''.
    On page 59, line 11 strike ``(f)'' and insert ``(e)''.
    On page 77, line 17, strike all through page 78, line 2.
    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 retire 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 terminated, 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) Payment 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 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''.
    On page 99, line 22, strike all through line 23.
    On page 100, line 1, strike all through page 708, line 7.

                                
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