Calendar No. 155

Reported from the Senate Appropriations Committee on September 9, 1997, by a vote of 26-1
(Senator Shelby voted nay). S. Rept. 105-75.

• The Senate Appropriations Committee reported an original bill because the House has not passed its FY 1998 D.C. appropriations bill.

• The Senate version reflects an overhaul of the relationship between the District and the federal government as provided in the National Capital Revitalization and Self-Government Improvement Act (part of the Balanced Budget Act of 1997) which was signed into law on August 5, 1997. The bill includes an appropriation of $8 million for implementation of the management reform provisions of the Revitalization Act.

• The Revitalization Act provides for the federal government to take over many of the District's responsibilities, such as its pension system, prisons and courts, as well as a larger share of the Medicaid program. In exchange, the annual federal payment to the District would be eliminated (last year that amount was $660 million). However, the Committee provides a "federal contribution" of $190 million for FY 1998 which was authorized in the Revitalization Act.

• The Senate bill provides a total of $1.9 billion in federal funds for the District. This sum includes the federal payment for management reform, the federal contribution, payment for D.C. courts and corrections, payment for U.S. Park Police operations, federal grants and federal reimbursements. In addition to the federal funds, provision is made for $2.81 billion in District of Columbia funds.

• The bill prohibits the use of any appropriated funds for abortion, except in cases of rape, incest or when the life of the mother is in danger. Also, the bill prohibits the use of any appropriated funds to implement the District's Domestic Partners Act.

• Total Resources: It is estimated that a total of $4.76 billion will be available to the District of Columbia for FY 1998. Included in this figure are appropriations from local funds, federal grants, and private and other funds. The financing of appropriations from District funds is from various local taxes, fees, charges, and other collections received by the District government.

• Federal Funds: A total of $1.9 billion in federal funds will be available to the District government during FY 1998. Included in this total are the federal contribution and the federal payments for the D.C. correctional facilities, the operation of both the D.C. court system and offender services, management reform, and U.S. Park Police operations. Other federal funds will be received by the District from the various federal grant programs. In addition, federal reimbursements are received from such programs as Medicaid and Medicare.

• Federal Payment for Management Reform: The Committee provides $8 million in federal funds to implement management reforms authorized in the District of Columbia Management Reform Act of 1997. Among its provisions, the Management Reform Act authorizes the D.C. Financial Responsibility and Management Assistance Authority to hire management consultants to conduct comprehensive reviews of nine major agencies of the District government and four major citywide functions of the District government.

• Federal Contribution: The Revitalization Act eliminates the Federal payment of the District of Columbia and authorizes a FY 1998 federal contribution of $190 million. The President's amended budget request for the District requests a federal contribution of $160 million. Of the Committee-recommended $190 million, $160 million is for the District government to carry out its financial plan and the remaining $30 million is to be used to repay the accumulated general fund deficit.

• Federal Payment for Correctional Facilities: The Committee provides $302 million for payment to the D.C. corrections trustee for correctional facilities. Of this total, $294.9 million is for transfer to the Federal Prison System, as prescribed in the Revitalization Act., for the construction, renovation, and repair of correctional facilities related to the transfer of D.C. adult felons to the Federal Prison System. The remaining $7.1 million is for necessary repairs and increased security at the Lorton correctional complex in Lorton, VA.

• Federal Payment for D.C. Courts: A payment of $116 million is provided to the Administrative Office of the U.S. Courts only for obligation by the Joint Committee on Judicial Administration for the operation of the D.C. courts. Up to $750,000 is appropriated for the establishment and operation of the D.C. Truth in Sentencing Commission, as authorized in the Revitalization Act. The Committee further directs the payment of $30 million to the Administrative Office of the U.S. Courts to be obligated only by the offender supervision trustee for pretrial services, defense services, parole, adult probation, and for the administrative operating costs of the trustee's office.

• Federal Grants: The District participates as a State, county, and city in the various federal grant programs. At the time the FY 1998 budget was submitted, the District estimated that it would receive a total of $1.2 billion in federal grants during the coming year. This grant assistance includes $886.7 million for human support services, $112.8 million for the public education system, $42 million for economic development and regulation, $14 million for governmental direction and support, and $13.5 million for public safety and justice.

• D.C. Personnel: The Committee notes with concern that, based on total full-time equivalent [FTE] positions, the size of the District work force continues to exceed that of other cities of comparable size. To address these concerns, Congress included provisions in the Revitalization Act to require that consultants be hired to develop a management plan for the District's personnel system. The Committee expects that the management reform plans will result in reduced FTE levels and improvements in both the structure and accountability of District government's work force.

GENERAL PROVISIONS

• District of Columbia Self-Government and Governmental Reorganization Act: Section 132 requires that performance accountability plans be submitted to the D.C. Financial Management and Assistance Authority and that accountability reports be submitted to the District's chief financial officer.

• Mayor's Nominations: Section 133 clarifies the provisions of the Revitalization Act relating to the role of the District Council in confirming the Mayor's nominations to head departments of the District government.

• Abortion Funding: Section 134 prohibits the use of all appropriated funds to perform abortions except in cases of rape, incest or when the life of the mother would be endangered.

• Domestic Partners Law: Section 135 prohibits the use of any funds by the District to implement a domestic partners law. The domestic partners law would extend city health care benefits to any live-in partner registered by a city employee.

• Education Board: Sections 136, 137, 138, and 142 amend the law to substitute the Emergency Transitional Education Board of Trustees for the Board of Education for purposes of reporting requirements.

• Annual Estimates of Expenditures: Section 143 requires the special masters appointed by the D.C. courts to District government agencies to prepare and submit to the District of Columbia Financial Responsibility and Management Assistance Authority annual estimates of expenditures and appropriations.

• Protection of the President and Vice President: Section 144 provides for reimbursement to the District government from the federal government for law enforcement services, personnel, equipment, and facilities provided by D.C. for the protection of the President and Vice President.

• U.S. Park Police: Section 145 appropriates $5 million to the National Park Service for the operations of the U.S. Park Police in the District.

• Homeless Services: The District Council has proposed to reduce the funding for the D.C. initiative on homeless services from the FY97 level of $11.3 million to $7.6 million for FY98. Section 146 would maintain the FY97 level of funding for these services.

• D.C. Schools: Section 147 directs the D.C. Financial Responsibility and Management Assistance Authority and the chief executive officer of the D.C. public schools to report to the relevant committees of Congress by April 1, 1998, on all measures necessary and steps to be taken to ensure that schools open on time for the 1998-99 academic year.

The Congressional Budget Office estimates that the bill provides $820 million in budget authority, and would result in outlays of $500 million in FY 1998, $161 million in FY 1999, $144 million in FY 2000, and $15 million in FY 2001.

** Summary Chart of S. 1156

Coats/Lieberman/Brownback -- School vouchers.

Brownback/Lieberman/Coats -- Increase funding for D.C. charter schools.

Brownback -- Earmark of federal funds for transfer of sentenced felons to private contract facilities.

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