Trent Lott

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Senate Resolution 161, submitted earlier today by Senator Lott.

Mr. LOTT. Mr. President, I ask unanimous consent that the resolution be agreed to; that the preamble be agreed to; that the motion to reconsider be laid upon the table; and that any statements relating to the resolution appear at the appropriate place in Record.

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of House Joint Resolution 986, which is at the desk.

Mr. LOTT

Mr. LOTT. Mr. President, I ask the Chair lay before the Senate a message from the House of Representatives on the bill (S. 738) to reform the statutes relating to Amtrak, to authorize appropriations for Amtrak, and for other purposes. The PRESIDING OFFICER laid before the Senate the following message from the House of Representatives: Resolved, That the bill from the Senate (S. 738) entitled ``An Act to reform the statutes relating to Amtrak, to authorize appropriations for Amtrak, and for other purposes.'', do pass with the following amendment: Strike out all after the enacting clause and insert:

Mr. LOTT. I move that the Senate concur in the House amendment.

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that the bill be read three times and passed, the motion to reconsider be laid upon the table, and that any statements relating to the bill be placed at the appropriate place in the Record.

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. 1172.

Mr. LOTT. Mr. President, I ask unanimous consent that the bill be read the third time and passed; that the motion to reconsider be laid upon the table; and that any statements relating to the bill be placed at the appropriate place in the Record.

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of House Joint Resolution 95, which is at the desk.

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that the technical amendment be agreed to.

Mr. LOTT

Mr. LOTT. I ask unanimous consent that the Senate proceed to the immediate consideration of H.R. 2979, which is at the desk.

Mr. LOTT

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 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.

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.

Mr. LOTT. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. LOTT

Mr. LOTT. Mr. President, I move that the Senate concur in the amendment of the House to the Senate amendment.

Mr. LOTT. I do want to say, Mr. President, for the Record, and I note Senator Daschle is also very interested in this, that I am very pleased we were able to get this legislation through the whole process. There was a lot of work by Senators on both sides of the aisle. I believe this will be one of the two or three important bills we passed this year, because it will help with foster care and adoption. I commend all Senators.

Mr. LOTT. Mr. President, I ask the Chair lay before the Senate a message from the House of Representatives on the bill (H.R. 867) to promote the adoption of children in foster care. The PRESIDING OFFICER laid before the Senate the following message from the House of Representatives. [The bill was not available for printing. It will appear in a future issue of the Record.]

Mr. LOTT

Mr. LOTT. Mr. President, I suggest the absence of a quorum.

Mr. LOTT. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. LOTT

Mr. LOTT. Mr. President, today, the Senate will be in a period of morning business until 11 a.m. It is hoped that during today's session the Senate will be able to complete its business for the 1st session of the 105th Congress. I just talked to the Democratic leader and we agreed to push to accomplish that today. In fact, I read over the weekend a quote from General Eisenhower. When he was President he said, ``There are many problems in Washington, but one of the main reasons is we have too long been away from home.'' So I'm hoping that we will honor his admonition and go home at the close of business today for the balance of the year to be with our constituents. -----------------------------------------------------------------------------------------------------------------

Mr. LOTT. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. LOTT

Mr. LOTT. Thank you, Mr. President.

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that when the Senate receives House Joint Resolution 106, the continuing resolution, that it be considered read three times and passed, and that the motion to reconsider be laid upon the table.

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that the bill be read the third time and passed; that the motion to reconsider be laid upon the table; and that any statements relating to the bill appear at the appropriate place in the Record.