H.R.1963 - National Capital Revitalization and Self-Government Improvement Act of 1997105th Congress (1997-1998)
|Sponsor:||Rep. Davis, Tom [R-VA-11] (Introduced 06/19/1997)|
|Committees:||House - Government Reform; Ways and Means; Commerce; Judiciary|
|Latest Action:||07/31/1997 Sponsor introductory remarks on measure. (All Actions)|
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Summary: H.R.1963 — 105th Congress (1997-1998)All Information (Except Text)
Introduced in House (06/19/1997)
TABLE OF CONTENTS:
Title I: District of Columbia Retirement Funds
Subtitle A: General Provisions
Subtitle B: Freezing of Existing Program
Subtitle C: Retirement Trust
Subtitle D: District Government
Subtitle E: The Actuarial Board
Subtitle F: Federal Supplemental Fund
Subtitle G: Judges Retirement Program
Subtitle H: Enforcement
Subtitle I: Miscellaneous
Title II: Assistance Under Medicaid Program
Title III: Criminal Justice
Subtitle A: Corrections
Subtitle B: Compliance with Truth-in-Sentencing
Subtitle C: Offender Supervision and Parole
Subtitle D: District of Columbia Courts
Subtitle E: Pretrial Services Agency and Public
Subtitle F: Miscellaneous Provisions
Title IV: Privatization of Tax Collection and Administration
Title V: Financing of District of Columbia Accumulated
Title VI: Revenue Bonds
Title VII: District of Columbia Economic Development
Subtitle A: General Provisions
Subtitle B: District of Columbia Economic Development
Subtitle C: Operations of the Corporation
Subtitle D: Capitalization and Finance
Subtitle E: Miscellaneous Provisions
Subtitle F: Sunset Provisions
Title VIII: District of Columbia Government Budget;
Title IX: Miscellaneous Provisions
Subtitle A: Regulatory Reform in the District of
Subtitle B: Other Miscellaneous Provisions
Subtitle C: Effective Date; General Provisions
National Capital Revitalization and Self-Government Improvement Act of 1997 - Title I: District of Columbia Retirement Funds - District of Columbia Retirement Protection Act of 1997 - Subtitle A: General Provisions - Requires the Federal Government to make payments to finance all liabilities associated with the pension plans for District of Columbia police officers, firefighters, and teachers, including the unfunded liability transferred by the Congress to the District government under the District of Columbia Retirement Reform Act of 1979. Prohibits the reversion of the responsibility to make payments to the District.
Subtitle B: Freezing of Existing Program - Prohibits service after the freeze date (date on which legislation to enact this title is introduced in the House of Representatives) from being credited under the retirement program for District fire fighters, police officers, and teachers for purposes of determining the amount of benefits an employee has accrued.
(Sec. 122) Provides that in the case of a disability retirement in which benefits commence after the freeze date, the only benefit payable is the deferred or normal retirement benefit the employee would receive if the employee left service on the day before disability retirement benefits commence.
(Sec. 123) Limits death benefits that are not determined by length of service to the percentage of the entire benefit represented by a fraction where the numerator represents the number of months of service prior to the freeze date and the denominator the total number of months of service.
Subtitle C: Retirement Trust - Establishes the District of Columbia Retirement Trust Fund for purposes of paying benefits under this title. Transfers all assets of the District of Columbia Police Officers and Fire Fighters Retirement Fund and the District of Columbia Teachers Retirement Fund to the Retirement Trust.
(Sec. 134) Provides for tax-exempt status of the Retirement Trust and sets forth provisions regarding treatment under the Employee Retirement Income Security Act of 1974 (ERISA).
(Sec. 137) Requires the Secretary of the Treasury to take certain actions when assets remaining in the Retirement Trust are projected to be depleted.
(Sec. 138) Amends the Internal Revenue Code to provide for disclosure of individual tax return information for purposes of determining eligibility for, or the correct amount of, benefits under this Act.
Subtitle D: District Government - Continues the District's responsibilities with respect to the retirement program until the Secretary directs the Trustee of the Retirement Trust to commence such responsibilities.
(Sec. 143) Requires the District to: (1) furnish the Trustee with a final reconciliation of accounts in connection with the transfer of assets and obligations to the Retirement Trust; and (2) adopt a replacement plan to be effective as of the freeze date.
(Sec. 144) Provides that if the District fails to adopt such plan, the retirement program applicable to police, fire fighters, and teachers hired on or after October 1, 1996 (as provided under District laws in effect as of June 1, 1997), shall apply.
Subtitle E: The Actuarial Board - Establishes a Department of the Treasury Retirement Board of Actuaries to: (1) review the actuarial valuation reports produced by the enrolled actuary engaged by the Trustee; (2) report to the Secretary and the Congress annually on the actuarial status of the Retirement Trust and the Federal Supplemental District of Columbia Pension Fund; and (3) furnish advice and opinions on matters referred by the Secretary.
Subtitle F: Federal Supplemental Fund - Establishes the Federal Supplemental District of Columbia Pension Fund, to be administered by the Secretary and used to finance Federal obligations for benefits and administrative expenses under this title.
(Sec. 164) Directs the Actuarial Board to determine the amount that is the present value as of the freeze date of future benefits payable from the Federal Supplemental Fund, which shall be its original unfunded liability.
Subtitle G: Judges Retirement Program - Refers to the judges retirement program described in part 2 of Subtitle D of title III.
Subtitle H: Enforcement - Sets forth provisions regarding judicial review of actions brought by retirement participants or the Trustee, jurisdiction and venue, and limitations of actions.
Subtitle I: Miscellaneous - Sets forth miscellaneous provisions.
(Sec. 193) Provides that this title supersedes any inconsistent provision of the District of Columbia Retirement Reform Act.
Prohibits the authorization of appropriations for any Federal payment to the existing District retirement funds after FY 1997.
(Sec. 194) Authorizes the Comptroller General to evaluate and report on the administration of this title.
Title II: Assistance Under Medicaid Program - Amends the Social Security Act to increase the Federal medical assistance percentage under Medicaid for assistance provided by the District to 70 percent for calendar quarters in any fiscal year for which the District is certified to be implementing a plan to: (1) have in effect an effective system for the identification and collection of amounts owed by third parties for medical care and services furnished under Medicaid; (2) ensure the timely audit and settlement of cost reports of institutional providers under Medicaid; (3) implement a comprehensive health care management information system for Medicaid; and (4) develop a comprehensive behavioral managed health care system under Medicaid.
Title III: Criminal Justice - Subtitle A: Corrections - Requires, no later than October 1, 2001, any person convicted of a felony pursuant to the District Code or the truth-in-sentencing system under this title to be designated by the Bureau of Prisons to a Bureau penal or correctional facility for such term as the court may direct.
Provides for the closure of the Lorton Correctional Complex by December 31, 2003, and for the transfer of its felony population to a Bureau facility. Makes the Bureau responsible for the care, education, treatment, and training of such persons. Transfers Lorton property to the Department of the Interior.
(Sec. 302) Requires the Attorney General to appoint a Corrections Trustee, an independent officer of the District, to oversee operations of the District's Department of Corrections until all felony offenders are transferred to a Bureau facility. Provides Federal funding for incarceration of such individuals.
(Sec. 303) Authorizes the Trustee to enter into a Memorandum of Understanding with the Bureau to allow the Trustee to enter into contracts to lease beds or facilities for a period that may extend longer than the trusteeship. Permits the District's felony population to be housed in any facility that meets the requirements of the American Correctional Association.
(Sec. 304) Requires the Trustee to establish a priority placement program to facilitate employment placement for District employees scheduled to be separated from service due to the assumption of authority by the Trustee.
(Sec. 307) Authorizes the District to expend funds necessary to carry out the Sewage Delivery System and Capacity Purchase Agreement between Fairfax County and the District for a specified project without regard to the amount appropriated in the District's budget for the fiscal year concerned.
Subtitle B: Compliance with Truth-in-Sentencing - Requires any person convicted of a felony offense under a law exclusively applicable to the District to be sentenced in accordance with a system that meets truth-in-sentencing requirements applicable to a State receiving a truth-in-sentencing incentive grant under the Violent Crime Control and Law Enforcement Act of 1994. Directs the District of Columbia Truth in Sentencing Compliance Commission to develop a system if the District fails to do so by October 1, 1997.
(Sec. 312) Requires provisions designed to maximize the effectiveness of the drug court of the District's Superior Court to be enacted for the District.
(Sec. 313) Establishes the District of Columbia Truth in Sentencing Compliance Commission as an independent agency of the District government if the District fails to establish a truth-in-sentencing system that meets the requirements described above.
Provides that the Commission shall not have authority to provide for capital punishment under any law exclusively applicable to the District.
Terminates the Commission upon adoption of a sentencing system that meets requirements or earlier, if it fails to adopt such a system.
(Sec. 314) Establishes the District of Columbia Truth in Sentencing Monitoring Agency in the Department of Justice.
(Sec. 316) Requires the National Institute of Justice to evaluate the sentencing system to determine its success.
(Sec. 317) Directs the Attorney General to inform the Council of the District, the Congress, and the Agency of any changes in Federal or District laws and results of evaluations that may require amendment of District statutes or sentencing guidelines.
Subtitle C: Offender Supervision and Parole - Transfers jurisdiction and authorities of the District Board of Parole to the U.S. Parole Commission, with respect to felons, and to the District Superior Court, with respect to misdemeanants. Abolishes the Board of Parole upon the establishment of the District of Columbia Offender Supervision, Defender, and Courts Services Agency.
Amends the Parole Commission Phaseout Act of 1996 to increase the authorized number of U.S. Parole Commissioners to five.
(Sec. 332) Directs the Attorney General to appoint a Pretrial Services, Defense Services, Parole, Adult Probation and Offender Supervisions Trustee, an independent officer of the District government, to effectuate the reorganization and transition of functions and funding related to such activities.
(Sec. 333) Establishes the District of Columbia Offender Supervision, Defender, and Courts Services Agency within the Federal executive branch. Provides for Agency assumption of duties upon certification by the Trustee that the Agency can carry out its functions.
Directs the Agency to provide supervision for offenders on probation, parole, and supervised release pursuant to the District Code. Grants Agency supervision officers the same powers as granted to U.S. Probation and Pretrial Officers.
Provides that the District of Columbia Pretrial Services Agency and Public Defender Service shall function as independent entities within the Agency.
(Sec. 334) Authorizes appropriations.
Subtitle D: District of Columbia Courts - Part 1: Transfer of Administration and Financing of Courts to Federal Government - Authorizes appropriations for the District Superior Court, Court of Appeals, and court system and for the Executive Office for the District of Columbia Courts.
(Sec. 342) Amends the District Code to make technical and conforming changes to administrative, financing, and reporting provisions regarding the District court system to reflect the transfer of specified authorities to the Federal Government.
Part 2: Judicial Retirement Program - Revises provisions regarding the District of Columbia Judicial Retirement and Survivors Annuity Fund to re-establish such fund in the Treasury. Requires, subject to the availability of appropriations, an annual deposit in the Treasury of amounts required to reduce the unfunded liability of the fund to zero.
(Sec. 352) Amends the District of Columbia Retirement Reform Act to provide for the transfer of assets of the District of Columbia Judges' Retirement Fund to the District of Columbia Judicial Retirement and Survivors Annuity Fund (thus, terminating the Judges' Retirement Fund).
Removes judges from the District Retirement Board.
(Sec. 353) Transfers specified authorities regarding the Judicial Retirement and Survivors Annuity Fund from the District Mayor to the Secretary of the Treasury.
Part 3: Miscellaneous Conforming and Administrative Provisions - Makes provisions of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 and the District of Columbia Comprehensive Merit Personnel Act of 1978 inapplicable to the District courts.
Subtitle E: Pretrial Services Agency and Public Defender Service - Makes technical changes to administrative provisions regarding the District's Pretrial Services Agency and Public Defender Service.
Subtitle F: Miscellaneous Provisions - Authorizes appropriations to the National Institute of Justice for activities to assess the crime problem in the District and to establish a corporation or institute supporting research and demonstration projects for the prevention, solution, or punishment of crimes in the District.
(Sec. 382) Exempts the Trustees described in this title and their respective agencies from personnel or budget limitations which otherwise apply to District agencies.
Title IV: Privatization of Tax Collection and Administration - Authorizes the District's Chief Financial Officer to enter into contracts with a private entity for the administration and collection of District taxes.
Title V: Financing of District of Columbia Accumulated Deficit - Amends the District of Columbia Revenue Act of 1939 to permit intermediate-term advances of funds from the Treasury for purposes of assisting the District in liquidating the outstanding accumulated operating deficit of the District general fund existing as of September 30, 1997. Conditions such advances on actions by the District, including actions to demonstrate obligations to reimburse, inability to obtain credit elsewhere, and compliance with a financial plan and budget. Limits the aggregate of all advances to $500 million. Permits the Secretary of the Treasury to require early reimbursement of the advance if the District is able to obtain credit elsewhere to refinance the unpaid balance without adversely affecting its financial stability.
Title VI: Revenue Bonds - District of Columbia Revenue Bond Financing Authority Improvements Act of 1997 - Amends the District of Columbia Self-Government and Governmental Reorganization Act to expand the list of activities for which revenue bonds may be issued.
Authorizes the District Council to delegate authority to issue revenue bonds or other obligations to any District instrumentality.
(Sec. 603) Amends the District of Columbia Financial Responsibility and Management Assistance Act of 1995 to provide that the issuance of revenue bonds or other obligations shall not be considered to be borrowing.
Title VII: District of Columbia Economic Development Corporation - Subtitle A: General Provisions - District of Columbia Economic Development Corporation Act of 1997 - Sets forth findings, purposes, and definitions with respect to economic development in the District.
Subtitle B: District of Columbia Economic Development Corporation Charter - Establishes the District of Columbia Economic Development Corporation, a corporate instrumentality of the District.
Subtitle C: Operations of the Corporation - Sets forth general powers of the Corporation.
(Sec. 722) Requires the Corporation to establish a strategic plan for carrying out this title.
(Sec. 723) Authorizes the Corporation to: (1) provide financial assistance for economic development projects; and (2) establish subsidiaries and revolving funds for providing different types of assistance. Sets forth conditions for assisting projects.
(Sec. 724) Grants the Corporation power to acquire land through condemnation by eminent domain.
(Sec. 725) Authorizes the Corporation to request the District government to give expedited consideration to applications for regulatory licenses, permits, and approvals for economic development projects assisted by the Corporation.
Subtitle D: Capitalization and Finance - Authorizes appropriations for the Corporation. Requires a minimum amount to be provided to: (1) nonprofit organizations to finance job training, placement, and related activities for targeted District residents in those organizations; or (2) nonprofit third-party intermediaries to promote and finance such activities for targeted District residents in for-profit and not-for-profit organizations. Provides for a waiver of such requirement upon a vote and notification by the Corporation.
(Sec. 732) Permits the Corporation to: (1) authorize the issuance of project revenue obligations and use the proceeds to provide financial assistance for projects; and (2) establish special or reserve funds for such purposes. Absolves the District and Federal Government of liability for such obligations and provides that issuance of such obligations shall not be considered as borrowing.
Subtitle E: Miscellaneous Provisions - Sets forth provisions concerning legal actions, judicial review of financial assistance determinations, and the independent status of the Corporation. Exempts the Corporation from any budget or personnel limitations which would otherwise apply to the District.
Subtitle F: Sunset Provisions - Sets forth provisions with respect to dissolution of the Corporation.
Title VIII: District of Columbia Government Budget; Effective Date - Amends the District of Columbia Self-Government and Governmental Reorganization Act to repeal provisions that provide for the annual Federal payment to the District.
Authorizes appropriations for a Federal contribution towards the costs of operating the District government of $140 million for FY 1998 and of such amounts as necessary for subsequent fiscal years.
(Sec. 802) Amends the District of Columbia Financial Responsibility and Management Assistance Act of 1995 to prohibit the District's expenditures from exceeding revenues in FY 1998 (currently, FY 1999).
(Sec. 803) Permits the submission and approval of a joint consensus budget and financial plan for the District by the Mayor, Council, and the District Financial Responsibility and Management Assistance Authority (Authority).
(Sec. 804) Increases the District's borrowing limitation to allow amounts to be paid on obligations in any fiscal year to be up to 17 (currently, 14) percent of the District's revenues.
Title IX: Miscellaneous Provisions - Subtitle A: Regulatory Reform in the District of Columbia - Directs the Authority to: (1) review District regulations and analyze the extent to which such regulations inappropriately impair economic development and the financial stability and management efficiency of the District government; (2) review current processes for obtaining permits and applications and analyze the extent to which processes and their completion times vary from those in other jurisdictions; and (3) repeal or revise such regulations or processes, as appropriate.
(Sec. 902) Repeals the Clean Air Compliance Fee Act of 1994, effective March 21, 1995 (date of enactment), except for provisions which exempt the delivery of newspapers from gross sales and compensating-use taxes.
(Sec. 903) Repeals the Act incorporating Group Hospitalization, Inc., on the date Group Hospitalization and Medical Services, Inc., files articles of incorporation under the District of Columbia Nonprofit Corporation Act.
(Sec. 904) Amends the District of Columbia Self-Government and Governmental Reorganization Act to exempt from specified limitations on amounts or time periods contracts entered into: (1) by the Washington Convention Center Authority for preconstruction activities or project management, design, or construction; (2) by the District Water and Sewer Authority, other than those for sale or lease of the Blue Plains Wastewater Treatment Plant; and (3) for Federal highway improvement projects, at the option of the District Council.
Subtitle B: Other Miscellaneous Provisions - Amends the District of Columbia Financial Responsibility and Management Assistance Act of 1995 to permit the use of interest earned on accounts to promote the economic stability and management efficiency of the District government.
(Sec. 912) Authorizes covered Federal law enforcement agencies to enter into cooperative agreements with the District Police Department to assist the Department in carrying out crime prevention and law enforcement activities.
Establishes penalties for knowingly obstructing bridges between the District and Virginia.
(Sec. 913) Permits garnishment of wages and other government remuneration of District employees.
(Sec. 914) Amends the District of Columbia Self-Government and Governmental Reorganization Act to authorize the District Water and Sewer Authority, beginning in FY 1997, to expend excess revenues for capital projects in fiscal years in which such revenues exceed estimated revenues.
(Sec. 915) Requires heads of Federal agencies and the Architect of the Capitol to provide notice before carrying out activities that affect real property in the District.
(Sec. 916) Changes the name of the District of Columbia Self-Government and Governmental Reorganization Act to the District of Columbia Home Rule Act.
Subtitle C: Effective Date; General Provisions - Requires this Act to take effect on the later of October 1, 1997, or the day the Authority certifies that the financial plan and budget for FY 1998 meet specified requirements under title II of this Act.
(Sec. 922) Authorizes Federal agencies to provide technical assistance to, and training for, District government personnel.