Pub. L. 105-100, tit. I, sec. 150

Sec. 150. (a) Restrictions on Use of Official Vehicles.—(1) None of the funds made available by this Act or by any other Act may be used to provide any officer or employee of the District of Columbia with an official vehicle unless the officer or employee uses the vehicle only in the performance of the officer’s or employee’s official duties. For purposes of this paragraph, the term “official duties” does not include travel between the officer’s or employee’s residence and workplace (except in the case of a police officer who resides in the District of Columbia). (2) The Chief Financial Officer of the District of Columbia shall submit, by December 15, 1997, an inventory, as of September 30, 1997, of all vehicles owned, leased or operated by the District of Columbia government. The inventory shall include, but not be limited to, the department to which the vehicle is assigned; the year and make of the vehicle; the acquisition date and cost; the general condition of the vehicle; annual operating and maintenance costs; current mileage; and whether the vehicle is allowed to be taken home by a District officer or employee and if so, the officer or employee’s title and resident location. (b) Source of Payment for Employees Detailed Within Government.—For purposes of determining the amount of funds expended by any entity within the District of Columbia government during fiscal year 1998 and each succeeding fiscal year, any expenditures of the District government attributable to any officer or employee of the District government who provides services which are within the authority and jurisdiction of the entity (including any portion of the compensation paid to the officer or employee attributable to the time spent in providing such services) shall be treated as expenditures made from the entity’s budget, without 111 STAT. 2182 regard to whether the officer or employee is assigned to the entity or otherwise treated as an officer or employee of the entity. (c) Restricting Providers From Whom Employees May Receive Disability Compensation Services.— (1) In general.—Section 2303(a) of the District of Columbia Comprehensive Merit Personnel Act of 1978 (D.C Code, sec. 1–624.3(a)) is amended by striking paragraph (3) and all that follows and inserting the following: “(3) By or on the order of the District of Columbia government medical officers and hospitals, or by or on the order of a physician or managed care organization designated or approved by the Mayor.”. (2) Services furnished.—Section 2303 of such Act (D.C. Code, sec. 1–624.3) is amended by adding at the end the following new subsection: “(c) (1) An employee to whom services, appliances, or supplies are furnished pursuant to subsection (a) shall be provided with such services, appliances, and supplies (including reasonable transportation incident thereto) by a managed care organization or other health care provider designated by the Mayor, in accordance with such rules, regulations, and instructions as the Mayor considers appropriate. “(2) Any expenses incurred as a result of furnishing services, appliances, or supplies which are authorized by the Mayor under paragraph (1) shall be paid from the Employees’ Compensation Fund. “(3) Any medical service provided pursuant to this subsection shall be subject to utilization review under section 2323.”. (3) Repeal penalty for delayed payment of compensation.—Section 2324 of such Act (D.C. Code, sec. 1–624.24) is amended by striking subsection (c). (4) Definitions.—Section 2301 of such Act (D.C. Code, sec. 1–624.1) is amended— (A) in the first sentence of subsection (c), by inserting “and as designated by the Mayor to provide services to injured employees” after “State law”; and (B) by adding at the end the following new subsection: “(r)(1) The term ‘managed care organization’ means an organization of physicians and allied health professionals organized to and capable of providing systematic and comprehensive medical care and treatment of injured employees which is designated by the Mayor to provide such care and treatment under this title. “(2) The term ‘allied health professional’ means a medical care provider (including a nurse, physical therapist, laboratory technician, X-ray technician, social worker, or other provider who provides such care within the scope of practice under applicable law) who is employed by or affiliated with a managed care organization.”. (5) Effective Date.—The amendments made by this subsection shall apply with respect to services, supplies, or appliances furnished under title XXIII of the District of Columbia Merit Personnel Act of 1978 on or after the date of the enactment of this Act. (d) Modification of Reduction in Force Procedures.—The District of Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C. Code, sec. 1–601.1 et seq.), as amended by section 140(b) of the District of Columbia Appropriations Act, 1997 (Public 111 STAT. 2183 Law 104–194), is amended by adding at the end the following new section: “SEC. 2408. ABOLISHMENT OF POSITIONS FOR FISCAL YEAR 1998. “(a) Notwithstanding any other provision of law, regulation, or collective bargaining agreement either in effect or to be negotiated while this legislation is in effect for the fiscal year ending September 30, 1998, each agency head is authorized, within the agency head’s discretion, to identify positions for abolishment. “(b) Prior to February 1, 1998, each personnel authority (other than a personnel authority of an agency which is subject to a management reform plan under subtitle B of title XI of the Balanced Budget Act of 1997) shall make a final determination that a position within the personnel authority is to be abolished. “(c) Notwithstanding any rights or procedures established by any other provision of this title, any District government employee, regardless of date of hire, who encumbers a position identified for abolishment shall be separated without competition or assignment rights, except as provided in this section. “(d) An employee affected by the abolishment of a position pursuant to this section who, but for this section would be entitled to compete for retention, shall be entitled to one round of lateral competition pursuant to Chapter 24 of the District of Columbia Personnel Manual, which shall be limited to positions in the employee’s competitive level. “(e) Each employee selected for separation pursuant to this section shall be given written notice of at least 30 days before the effective date of his or her separation. “(f) Neither the establishment of a competitive area smaller than an agency, nor the determination that a specific position is to be abolished, nor separation pursuant to this section shall be subject to review except that— “(1) an employee may file a complaint contesting a determination or a separation pursuant to title XV of this Act or section 303 of the Human Rights Act of 1977 (D.C. Code, sec. 1–2543); and “(2) an employee may file with the Office of Employee Appeals an appeal contesting that the separation procedures of subsections (d) and (e) were not properly applied. “(g) An employee separated pursuant to this section shall be entitled to severance pay in accordance with title XI of this Act, except that the following shall be included in computing creditable service for severance pay for employees separated pursuant to this section— “(1) four years for an employee who qualified for veterans preference under this Act, and “(2) three years for an employee who qualified for residency preference under this Act. “(h) Separation pursuant to this section shall not affect an employee’s rights under either the Agency Reemployment Priority Program or the Displaced Employee Program established pursuant to Chapter 24 of the District Personnel Manual. “(i) With respect to agencies which are not subject to a management reform plan under subtitle B of title XI of the Balanced Budget Act of 1997, the Mayor shall submit to the Council a listing of all positions to be abolished by agency and responsibility 111 STAT. 2184center by March 1, 1998 or upon the delivery of termination notices to individual employees. “(j) Notwithstanding the provisions of section 1708 or section 2402(d), the provisions of this Act shall not be deemed negotiable. “(k) A personnel authority shall cause a 30-day termination notice to be served, no later than September 1, 1998, on any incumbent employee remaining in any position identified to be abolished pursuant to subsection (b) of this section. “(l) In the case of an agency which is subject to a management reform plan under subtitle B of title XI of the Balanced Budget Act of 1997, the authority provided by this section shall be exercised to carry out the agency’s management reform plan, and this section shall otherwise be implemented solely in a manner consistent with such plan.”. Sec. 151. (a) Compliance With Buy American Act.—None of the funds made available in this Act may be expended by an entity unless the entity agrees that in expending the funds the entity will comply with the Buy American Act (41 U.S.C. 10a–10c). (b) Sense of Congress; Requirement Regarding Notice.— (1) Purchase of american-made equipment and products.—In the case of any equipment or product that may be authorized to be purchased with financial assistance provided using funds made available in this Act, it is the sense of the Congress that entities receiving the assistance should, in expending the assistance, purchase only American-made equipment and products to the greatest extent practicable. (2) Notice to recipients of assistance.—In providing financial assistance using funds made available in this Act, the head of each agency of the Federal or District of Columbia government shall provide to each recipient of the assistance a notice describing the statement made in paragraph (1) by the Congress. (c) Prohibition of Contracts With Persons Falsely Labeling Products as Made in America.—If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a “Made in America” inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations. Sec. 152. (a) Cap on Stipends of Retirement Board Members.—Section 121(c)(1) of the District of Columbia Retirement Reform Act (D.C. Code, sec. 1–711(c)(1)) is amended by striking the period at the end and inserting the following: “, and the total amount to which a member may be entitled under this subsection during a year (beginning with 1998) may not exceed $5,000.”. (b) Resumption of Certain Terminated Annuities Paid to Child Survivors of District of Columbia Police and Firefighters.— (1) In general.—Subsection (k)(5) of the Policemen and Firemen’s Retirement and Disability Act (D.C. Code, sec. 4–622(e)) is amended by adding at the end the following new subparagraph: 111 STAT. 2185 “(D) If the annuity of a child under subparagraph (A) or subparagraph (B) terminates because of marriage and such marriage ends, the annuity shall resume on the first day of the month in which it ends, but only if the individual is not otherwise ineligible for the annuity.”. (2) Effective date.—The amendment made by paragraph (1) shall apply with respect to any termination of marriage taking effect on or after November 1, 1993, except that benefits shall be payable only with respect to amounts accruing for periods beginning on the first day of the month beginning after the later of such termination of marriage or such date of enactment. Sec. 153. (a) In General.—The Council of the District of Columbia shall annually review and adjust the amount of the monthly assistance payment that may be made under the Temporary Assistance for Needy Families Program so that such payment is comparable with the monthly assistance payments made under such program in Maryland and Virginia counties that are contiguous to the District of Columbia. (b) Effective Date.—Subsection (a) shall apply with respect to fiscal year 1998 and each succeeding fiscal year. Sec. 154. Effective as if included in the enactment of the Omnibus Consolidated Rescissions and appropriations Act of 1996, section 517 of such Act (110 Stat. 1321–248) is amended by striking “October 1, 1991” and inserting “the date of the enactment of this Act”. Sec. 155. Requiring Placement of Inspector General Hotline on Permit and License Application Forms.— (1) In general.—Each District of Columbia permit or license application form printed after the expiration of the 30-day period which begins on the date of the enactment of this Act shall include the telephone number established by the Inspector General of the District of Columbia for reporting instances of waste, fraud, and abuse, together with a brief description of the uses and purposes of such number. (2) Quarterly reports on use of number.—Not later than 10 days after the end of such calendar quarter of each fiscal year (beginning with fiscal year 1998), the Inspector General of the District of Columbia shall submit a report to Congress on the number and nature of the calls received through the telephone number described in paragraph (1) during the quarter and on the waste, fraud, and abuse detected as a result of such calls. Sec. 156. (a) In General.—Notwithstanding any other provision of law (including any law or regulation providing for collective bargaining or the enforcement of any collective bargaining agreement) or collective bargaining agreement, any payment made by the District of Columbia after the expiration of the 45-day period which begins on the date of the enactment of this Act to any person shall be made by— (1) direct deposit through electronic funds transfer to a checking, savings, or other account designated by the person; or (2) a check delivered through the United States Postal Service to the person’s place of residence or business. (b) Regulations.—The Chief Financial Officer of the District of Columbia is authorized to issue rules to carry out this section. 111 STAT. 2186 Sec. 157. (a) Deposit of Annual Federal Contribution With Authority.— (1) In general.—The District of Columbia Financial Responsibility and Management Assistance Act of 1995, as amended by section 11601(b)(2) of the Balanced Budget Act of 1997, is amended by inserting after section 204 the following new section: “SEC. 205. DEPOSIT OF ANNUAL FEDERAL CONTRIBUTION WITH AUTHORITY. “(a) In General.— “(1) Deposit into escrow account.—In the case of a fiscal year which is a control year, the Secretary of the Treasury shall deposit any Federal contribution to the District of Columbia for the year authorized under section 11601(c)(2) of the Balanced Budget Act of 1997 into an escrow account held by the Authority, which shall allocate the funds to the Mayor at such intervals and in accordance with such terms and conditions as it considers appropriate to implement the financial plan for the year. In establishing such terms and conditions, the Authority shall give priority to using the Federal contribution for cash flow management and the payment of outstanding bills owed by the District government. “(2) Exception for amounts withheld for advances.—Paragraph (1) shall not apply with respect to any portion of the Federal contribution which is withheld by the Secretary of the Treasury in accordance with section 605(b)(2) of title VI of the District of Columbia Revenue Act of 1939 to reimburse the Secretary for advances made under title VI of such Act. “(b) Expenditure of Funds from Account in Accordance with Authority Instructions.—Any funds allocated by the Authority to the Mayor from the escrow account described in paragraph (1) may be expended by the Mayor only in accordance with the terms and conditions established by the Authority at the time the funds are allocated.”. (2) Clerical amendment.—The table of contents for such Act is amended by inserting after the item relating to section 204 the following new item: “Sec. 205. Deposit of annual Federal contribution with Authority.”. (3) Effective date.—The amendments made by this subsection shall take effect as if included in the enactment of the Balanced Budget Act of 1997. (b) Dishonored Check Collection.—The Act entitled “An Act to authorize the Commissioners of the District of Columbia to prescribe penalties for the handling and collection of dishonored checks”, approved September 28, 1965 (D.C. Code, sec. 1–357) is amended— (1) in subsection (a) by inserting after the third sentence the following: “The Mayor may enter into a contract to collect the amount of the original obligation.”; and (2) by adding at the end the following new subsections: “(c) In a case in which the amount of a dishonored or unpaid check is collected as a result of a contract, the Mayor shall collect any costs or expenses incurred to collect such amount from such person who gives or causes to be given, in payment of any obligation or liability due the government of the District of Columbia, a check which is subsequently dishonored or not duly paid. In a 111 STAT. 2187 case in which the amount of a dishonored or unpaid check is collected as a result of an action at law or in equity, such costs and expenses shall include litigation expenses and attorney’s fees. “(d) An action at law or in equity for the recovery of any amount owed to the District as a result of subsection (c), including any litigation expenses or attorney’s fees may be initiated— “(1) by the Corporation Counsel of the District of Columbia; or “(2) in a case in which the Corporation Counsel does not exercise his or her authority, by the person who provides collection services as a result of a contract with the Mayor. “(e) Nothing in this section may be construed to eliminate the Mayor’s exclusive authority with respect to any obligations and liabilities of the District of Columbia.”. (c) Conforming References to Internal Revenue Code of 1986.—Section 4(28 A) of the District of Columbia Income and Franchise Act of 1947 (D.C. Code, sec. 47–1801.4(28A)) is amended to read as follows: “(28A) The term ‘Internal Revenue Code of 1986’ means the Internal Revenue Code of 1986 (100 Stat. 2085; 26 U.S.C. 1 et seq.), as amended through August 20, 1996. The provisions of the Internal Revenue Code of 1986 shall be effective on the same dates that they are effective for Federal tax purposes.”. (d) Standard for Review of Recommendations of Business Regulatory Reform Commission in Review of Regulations by Authority.—Section 11701(a)(1) of the Balanced Budget Act of 1997 is amended by striking the second sentence and inserting the following: “In carrying out such review, the Authority shall include an explicit reference to each recommendation made by the Business Regulatory Reform Commission pursuant to the Business Regulatory Reform Commission Act of 1994 (D.C. Code, sec. 2–4101 et seq.), together with specific findings and conclusions with respect to each such recommendation.”. (e) Technical Corrections Relating to Balanced Budget Act of 1997.—(1) Effective as if included in the enactment of the Balanced Budget Act of 1997, section 453(c) of the District of Columbia Home Rule Act (D.C. Code, sec. 47–304.1(c)), as amended by section 11243(d) of the Balanced Budget Act of 1997, is amended to read as follows: “(c) Subsection (a) shall not apply to amounts appropriated or otherwise made available to the Council, the District of Columbia Financial Responsibility and Management Assistance Authority established under section 101(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, or the District of Columbia Water and Sewer Authority established pursuant to the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996.”. (2) Section 11201(g)(2)(A)(ii) of the Balanced Budget Act of 1997 is amended— (A) in the heading, by striking “Department of parks and recreation” and inserting “parks authority”; and (B) by striking “Department of Parks and Recreation” and inserting “Parks Authority”. (f) Repeal of Prior Notice Requirement for Federal Activities Affecting Real Property in District of Columbia.— 111 STAT. 2188 Effective October 1, 1997, the Balanced Budget Act of 1997 (Public Law 105–33) is amended by striking section 11715. Sec. 158. Notwithstanding any provision of any federally granted charter or any other provision of law, the real property of the National Education Association located in the District of Columbia shall be subject to taxation by the District of Columbia in the same manner as any similar organization. Sec. 159. (a) Section 501(c)(4) of the District of Columbia Police and Firemen’s Act of 1958 (D.C. Code, sec. 4–416(c)(4)) is amended by striking “locality pay” and inserting “longevity pay”. (b) The amendment made by subsection (a) is effective on the date of enactment of Public Law 105–61. Sec. 160. In addition to amounts appropriated or otherwise made available, $3,000,000 is appropriated for the purpose of funding a Medicare Coordinated Care Demonstration Project in the District of Columbia as specified in section 4016(b)(2)(C) of the Balanced Budget Act of 1997. Sec. 161. Nothing in this Act shall be construed to authorize any office, agency or entity to expend funds for programs or functions for which a reorganization plan is required but has not been approved by the District of Columbia Financial Responsibility and Management Assistance Authority (hereafter in this section referred to as “Authority”). Appropriations made by this Act for such programs or functions are conditioned only on the approval by the Authority of the required reorganization plans. Sec. 162. Effective as if included in the enactment of subtitle J of title IV of the Balanced Budget Act of 1997 (Public Law 105–33) the Social Security Act is amended as follows: (1) The fourth sentence of section 1905(b) of such Act (42 U.S.C. 1396d(b)) is amended by inserting “for the State for a fiscal year, and that do not exceed the amount of the State’s allotment under section 2104 (not taking into account reductions under section 2104(d)(2)) for the fiscal year reduced by the amount of ally payments made under section 2105 to the State from such allotment for such fiscal year,” after “subsection (u)(3)”. (2) Section 1905(u) of such Act (42 U.S.C. 1396d(u)) is amended— (A) in paragraph (1)(B), by striking “paragraph (2)” and inserting “the fourth sentence of subsection (b)”; (B) in paragraph (2)(A), by striking “(C), but not in excess” and all that follows up to the period at the end and inserting “(B)”; (C) by striking subparagraphs (B) and (C) of paragraph (2) and inserting the following: “(B) For purposes of this paragraph, the term 'optional targeted low-income child’ means a targeted low-income child as defined in section 2110(b)(1) (determined without regard to that portion of subparagraph (C) of such section concerning eligibility for medical assistance under this title) who would not qualify for medical assistance under the State plan under this title as in effect on March 31, 1997 (but taking into account the expansion of age of eligibility effected through the operation of section 1902(l)(1)(D)).”; (D) in paragraph (3)— (i) by striking “described in this subparagraph” and inserting “described in this paragraph”; and 111 STAT. 2189 (ii) by striking “April 15, 1997” and inserting “March 31, 1997”; and (E) by adding at the end the following: “(4) The limitations on payment under subsections (f) and (g) of section 1108 shall not apply to Federal payments made under section 1903(a)(1) based on an enhanced FMAP described in section 2105(b).”. (3) Section 2110(b) of such Act (42 U.S.C. 1397jj(b)) is amended— (A) in paragraph (1)(B)(ii) to read as follows: “(ii) is a child— “(I) whose family income (as determined under the State child health plan) exceeds the medicaid applicable income level (as defined in paragraph (4)), but does not exceed 50 percentage points above the medicaid applicable income level; “(II) whose family income (as so determined) does not exceed the medicaid applicable income level (as defined in paragraph (4) but determined as if ‘June 1, 1997’ were substituted for ‘March 31, 1997’); or “(III) who resides in a State that does not have a medicaid applicable income level (as defined in paragraph (4)); and”; and (B) in paragraph (4)— (i) by striking “June 1, 1997” and inserting “March 31, 1997”; and (ii) by inserting “or 1905(n)(2) (as selected by a State)” after “1902(1)(2)” (4) Section 1903(f)(4) of such Act (42 U.S.C. 1396b(f)(4)) is amended by striking “or 1905(p)(1)” and inserting “1905(p)(1), or 1905(u)”. (5) Section 2105(c)(2)(A) of such Act (42 U.S.C. 1397ee(c)(2)(A)) is amended to read as follows— “(A) In general.—Except as provided in this paragraph, payment shall not be made under subsection (a) for expenditures for items described in subsection (a) (other than paragraph (1)) for a fiscal year to the extent the total of such expenditures (for which payment is made under such subsection) exceeds 10 percent of the sum of— “(i) the total of such expenditures for such fiscal year, and “(ii) the total expenditures for medical assistance by the State under title XIX for which Federal payments made under section 1903(a)(1) are based on an enhanced FMAP described in section 2105(b) for such fiscal year.”. (6) Section 2104 of such Act (42 U.S.C. 1397dd) is amended— (A) in subsection (d)(1), by striking “for calendar quarters” and inserting “for expenditures claimed by the State”; and (B) by striking subsection (d)(2) and inserting the following: “(2) the amount (if any) of the payments made to that State under section 1903(a) for expenditures claimed by the State during such fiscal year that is attributable to the provision of medical assistance to a child for which payment is 111 STAT. 2190 made under section 1903(a)(1) on the basis of an enhanced FMAP under the fourth sentence of section 1905(b).”. (7) Section 2105 of such Act (42 U.S.C. 1397ee) is amended by adding at the end the following: “(f) Flexibility in Submittal of Claims.—Nothing in this section or subsections (e) and (f) of section 2104 shall be construed as preventing a State from claiming as expenditures in the quarter expenditures that were incurred in a previous quarter.”. (8) Section 2104 of such Act (42 U.S.C. 1397dd) is amended— (A) in subsection (a)(1), by striking “$4,275,000,000” and inserting “$4,295,000,000”; (B) in subsection (b)(4), by striking “Subject to paragraph (5), in” and inserting “In , and (C) in subsection (c)— (i) in paragraph (2)(C), by inserting “the” before “Virgin Islands”, and (ii) in paragraphs (3)(C) and (3)(E), by striking “the” and inserting “The”. (9) Section 2110(c)(3) of such Act (42 U.S.C. 1397jj(c)(3)) is amended by striking “2191” and inserting “2791”. Sec. 163. The Administrator of General Services is authorized to amend the use restriction contained in the Administrator’s 1956 conveyance of land to the City of Bonham, Texas, mandated by Public Law 586 of the 84th Congress. The amended use restriction will limit the property to State veterans, nursing homes and public safety communications purposes only. Sec. 164. Notwithstanding any other provision of law, rule, or regulation, the evaluation process and instruments for evaluating District of Columbia public schools employees shall be a non-negotiable item for collective bargaining purposes. Sec. 165. There are appropriated from such funds of the District of Columbia, as are deemed appropriate by the District of Columbia Financial Responsibility and Management Assistance Authority, $2,600,000, for the Fire and Emergency Medical Services Department for a 5 percent pay increase for uniformed firefighters. 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. 3009504; 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 111 STAT. 2191 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. 1321137; 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 hind 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. 111 STAT. 2192 “(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 111 STAT. 2193 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”.