---------------------- Forwarded by Scott Quehl/OMB/EOP on 05/02/97 08:18
PM ---------------------------
Scott Quehl
05/02/97 07:58:50 PM
Record Type: Record
To: Ingrid M. Schroeder/OMB/EOP
cc: See the distribution list at the bottom of this message
Subject: DC MOU FINAL DRAFT
The attached draft reflects final changes, and is being recirculated to
the agencies for comment by 11:00am Monday. The previous draft represents
most, but not all, of the changes based on discussions with the Council.
Please call me if you have any questions (x59128).
Scott
Message Copied
TO: __________~--~------------------------------------------------
Michael Deich/OMB/EOP
Daniel M. Tangherlini/OMBjEOP
Carol Thompson-Cole/OMB/EOP
G. E. DeSeve/OMB/EOP
Lewis P. Long/OMB/EOP
Ellen S. Seidman/OPD/EOP
James J. Jukes/OMB/EOP
M. Jill Gibbons/OMB/EOP
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MEMORANDUM OF UNDERSTANDING BETWEEN:
THE DISTRICT OF COLUMBIA
Marion Barry, Jr., Mayor
Charlene Drew Jarvis, Council Chairperson Pro Tempore
Pursuant to Council Resolution 12-XXX, the Memorandum of Understanding on the President's
National Capital Revitalization and Self-Government Improvemcnt Plan Emergency Resolution
of 1997."
DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY AND MANAGEMENT
ASSISTANCE AUTHORITY
Andrew Brimmer, Chairman
OFFICE OF MANAGEMENT AND BUDGET, EXECUTIVE OFFICE OF THE
PRESIDENT
Franklin D. Raines
Chair, President's District of Columbia Task Force
Dated: _ _ _ _ _ _ __
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The parties respect the Home Rule Charter as the fundamental basis for governance in the
District. The purpose of this memorandum is to strengthen Home Rule and to agree to work
toward the revitalization of the District of Columbia. By providing for additional District
government functions. the Federal government will enable the District to tocus its resources on
the functions that remain. In some cases, however, this memorandum provides for Federal
assumption of not only funding for certain government functions. but Federal assumption of
management of those functions as well. While this is appropriate in limited circumstances, the
parties generally favor the principle of local management over District government functions,
regardless of the source of funding tor those programs.
This memorandum is intended only to improve the management of, and the relationship between,
the District of Columbia and the Federal government, and is not intended to and does not create
any right, benefit, trust or responsibility, substantive or procedural, enforceable at law or equity
by a party against the United States or the District of Columbia, its agencies, its officers, or any
person.
SECTION II. PUBLIC LAW 104-8, "THE DISTRICT OF COLUMBIA FINANCIAL
RESPONSIBILITY AND MANAGEMENT ASSISTANCE ACT OF
1995"
The parties recognize the provisions of effeetiveness of PL 104-8 and dedicate themselves to the
cooperative implementation of these its provisions. Among these provisions are:
Finance.
For each Fiscal Year for which the District is in a control period, the Mayor shall develop
and submit to the Financial Responsibility and Management Assistance Authority (the
"Authority") and District Council a Budget and Financial Plan for the applicable Fiscal
Year and the next three Fiscal Years.
Expenditures for the District government for each Fiscal Year, beginning in FY1999, may
not exceed revenues for that Fiscal Year.
During Fiscal Years 1996, 1997, and 1998, the District government shall make
continuous, substantial progress toward equalizing its expenditures and revenues.
The District may not borrow money during a control year unless the Authority provides
prior certification that the borrowing is consistent with the financial plan and budget for
the year.
For the Secretary of the Treasury to make a short-term advance to the District, an
Authority-approved Budget and Financial Plan must be in place, the Mayor must submit a
requisition for an advance including a schedule for timing and amounts for advances, the
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and the Secretary determines -- and the Authority certifies -- that the District lacks market
access on reasonable terms, and that the Treasury has reasonable assurance of being
reimbursed.
Management.
An Office of the Chief Financial Officer will be established in the Executive Branch of
the District government, headed by the Chief Financial Officer, and including the Office
of the Treasurer, Controller, Budget, Financial Information Services, and Finance and
Revenue.
An Office of the Inspector General will be established in the Executive Branch of the
District government.
During the control period, the Mayor shall submit proposed contracts and leases to the
Authority for review, and cannot enter into a contract or a lease unless the Authority
determines it is consistent with the Budget and Financial Plan.
The Authority may submit recommendations to the Mayor, the Council, the President,
and
Congre
ss on
actions
the
District
or
Federal
govern
ments
. may
take to
ensure
the
District
's
compli
ance
with a
Budget
and
Financi
al Plan
and
promot
e its
2
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al
stabilit
y,
manag
ement
respon
sibility
and
service
deliver
y
efficie
ncy.
The
Mayor
and the
Counci
I shall
submit
a
statem
ent to
the
Author
ity,
Preside
nt, and
Congre
ss
providi
ng
notice
as to
whethe
r the
District
will
adopt
the
recom
mendat
ions.
An
affirma
tive
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ent
must
include
a
written
imple
mentati
on
plan,
with
perfor
mance
measur
es and
a
schedu
Ie for
audit
compli
ance.
If the
statem
ent
rejects
the
recom
mendat
ions,
the
Author
itymay
vote to
take
what
actions
it
deems
approp
riate,
after
consult
ing
with
the
Senate
4
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mental
Affairs
Cornm
ittee
and the
House
Govern
ment
Refor
m and
Oversi
ght
Cornm
ittee.
SECTION III. GENERAL PROVISIONS
1. Balanced Budget. PL 104-8 requires that the District balance its budget by FY1999.
By this agreement, the District agrees to present and/or approve a balanced budget for the
Fiscal Year beginning October 1, 1997.
2. Agreement to be Bound. The Distriet agrees ta be bauRd by aad ta use its affiees aad
best efferts ta implemeRt this agreemeRt.
SECTION IV. SUBMISSION OF LEGISLATION & FEDERALLY ASSUMED
FUNCTIONS
As Chair of the President's District of Columbia Task Force, the Director of the Office of
Management and Budget intends to recommend the submission of legislation to the Congress
that is consistent with the National Capital Revitalization and Self Government Improvement
Plan (the "Plan") announced by the President on January 14, 1997.
Once implemented, the Plan will provide the District substantial relief from its operating
expenditures, relief which will grow over time. It will also invest considerable resources to
improve the District's criminal justice systems and capital infrastructure. If this legislation is
enacted, the Federal government will undertake the functions described below. The Federal
government will not undertake a function until the District government meets the conditions for
that function, described in Section V.
1. Medicaid. The Federal government will increase its share of the District's Medicaid
payments to 70 percent, thereby reducing the District's share to 30 percent. The
Department of Health and Human Services will continue to provide more intensive
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program.
2. Pensions. The Federal government will take financial and administrative
responsibility for virtually all pension benefits accrued under the plans for all active
and retired police and firefighters, and teachers, and will take full responsibility for
the pensions of judges. The bulk of the assets of the retirement plans will be
transferred to the Federal government and placed with a third party Trustee chosen by the
Secretary of the Treasury. A significant amount of assets will be left with the District of
Columbia to fund the benefits of participants in the District's plans and to rednce the
District's annual contribution. The Trustee will invest funds, manage the existing
plans, and make payments on behalf of beneficiaries. The Federal government will
pledge its full faith and credit to meet its responsibilities to pay these benefits. Current
retirees will have all their benefits paid by the Federal government. Retirement, death,
and some disability benefits payable by the Federal government to current employees will
be based on service earned as of the date the legislation is introduced. While the Federal
government will not be responsible for benefits earned during future years of service by
members of the current retirement programs (other than judges), these members will get
the benefit of pay increases on the frozen benefits. Frozen benefits will continue to be
subject to cost-of-living adjustments under the terms of the existing programs. All future
employee contributions (except for judges) will be paid into the new plans.
3. Treasury Loans to Eliminate the Deficit. The United States Treasury will provide loans
of up to IS-year terms to assist the District to eliminate its accumulated fund balance
deficit and to manage its liquidity position. The combined amount of the Treasury loans
may not exceed $500 million. The Treasury loans will have an interest rate equal to the
prevailing yield on outstanding Treasury marketable securities of comparable maturity
plus 1I8th of one percent. The Treasury may also provide intra-year loans for the
purposes of seasonal cash-flow management.
4. Criminal Justice. The Federal and District governments will develop and
implement a transition plan which transfers responsibility over a three-to-five-year
period for incarcerating felons. The Federal Bureau of Prisons (BOP) will house
adult felons convicted of D.C. Code violations and designated in the same manner as
Federal inmates in correctional institutions operated or contracted by the BOP.
This will occur after BOP's capacity has been increased through new construction
at Lorton and other locations selected by BOP, and through renovation of existing
facilities at Lorton, Virginia. After October 1, 2001, the BOP will also designate to
Federal correctional institutions sentenced D.C. felons in the custody of the D.C.
Department of Corrections, as the Director of BOP deems appropriate, in
accordance with available capacity, until they have all been designated to Federal
institutions. The BOP will accept employment applications from persons currently
employed by the D.C. Department of Corrections for existing BOP vacancies, and
will process such applications in accordance with existing Federal procedures and
standards.
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Council, and the Chair of the D.C. Financial Responsibility and Management
Assistance Authority, a Trustee to oversee operations of the D.C. Department of
Corrections until the BOP assumes responsibility for all incarcerated District felons.
The Federal and District governments will develop and implement a framework for
changes to the D.C. sentencing system, including the abolition of parole, institution of
detenninate guideline sentencing and the enactment of the new mandatory minimum drug
sentences, which are a prerequisite for the Federal government accepting responsibility
for the incarceration of felons convicted of D.C. Code violations. The sentencing system
will be enacted within 24 months, or the Federal government will not be required to
obligate any funds appropriated for the purpose of incarcerating D.C. Code felons and
will have no responsibility for housing such persons.
Consulting with representatives of the Federal and District judiciary, the Federal
and District governments will also develop and implement a transition plan
transferring responsibility for D.C. Code violation offender pretrial, public defender,
parole, probation, and post-adjudication/post-conviction adult offender supervision
from the District government to the Federal government over a three-to-five-year
period. The United States Parole Commission will continue to assume
responsibility for all D.C. felons housed in Federal Correctional Institutions who
have sentences subject to provisions of parole.
The Federal government will take direct responsibility (in consultation with the
D.C. judiciary) for funding the D.C. court system and related services (including
plans relating to retirement benefits and other personnel matters), and establishing
an independent budgetary, financial oversight, and administrative support system for the
D.C. courts. The Courts will remain self-managed, and District involvement in the
selection and review of D.C. judges will not be diminished.
5. Economic Development. The Federal government will assist the economic development
of the District of Columbia in three ways:
First, a new economic development corporation (EDC) will.be established as a public
authority of the District of Columbia, with the mission of revitalizing the nation's capital
city and benefitting the District's residents and businesses. The EDC will be governed
by .a board of directors consisting of nine voting members. S* Five of the board
members will be appointed by the President in consultation with the Congress. Of those
s* tive, four will be selected from the for-profit business community, and !we one will
be selected from a community-based organizations. One of the board members will be
appointed by the Mayor with the advice and consent of the Council. from the for-profit
business community or from a community-based organization. All six of the appointed
board members will be persons who either maintain a primary residence or have a
primary place of business in the District. The remaining three board members will be ex
officio members, one chosen by the President from the Federal government, a second
who will be the Mayor or such altel11atives as the Mavor mav from time to time designate
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representative. efteSeH by the MIl)'er from the Distriet ge't'emmeHt, IHld a third eheseH by
the CeuHeil from the Distriet gevemmeHt. The EDC will be run by a Chief Executive
Officer and served by a professional staff. The EDC will receive an initial capitalization
of Federal funds.
The EDC will evaluate existing economic development plans and will give expedited
consideration to applications for financial assistance for projects contemplated by existing
plans that the EDC adopts. The EDC will establish a comprehensive strategic plan for
economic development and will consult with the rest of the District government in doing
so. The EDC will provide financial assistance for economic development projects,
directly or in participation with other sources of financing, by making loans, equity
investments, and grants, but not guarantees; by leasing or conveying land; by allocating
tax credits for qualified equity investments and loans; by issuing tax-exempt private
activity bonds for certified qualified projects; and by issuing project revenue obligations
for any economic development project that it approves. All EDC projects will be
required to comply with applicable Federal and District law. The EDC will have the
pewer limited powers to acquire property through condemnation by eminent domain in
the name of the District of Columbia and furtherance of its statutory objectives.
Second, the Federal government will provide $250 million in tax incentives to encourage
business investment both downtown and in distressed communities, and to help
businesses increase employment of residents of the District. There will be a new 40
percent tax credit on the first $10,000 of eligible wages in the first year of employment
for employers in the District that hire certain residents of the District. Businesses that
have a significant portion of their activities in higher poverty areas of the District and that
have a work force at least 35 percent of which is made up of District residents will be
eligible for expensing (rather than capitalizing) an additional $20,000 of business
equipment and machinery acquired each year. The EDC will be authorized to issue
tax-exempt private activity bonds to finance a broader range of business property than
under existing District law if the business is located in a higher poverty area of the
District and has a work force at least 35 percent of which is made up of District residents.
The EDC will be authorized to allocate $95 million in tax credits for investors in, or
lenders to, District businesses for up to 25 percent of the amount invested or loaned.
Third, the District govemment's borrowing authority will be improved by removing
impediments in its borrowing statutes so that the District government will have the same
legal capacity to finance projects similar jurisdictions have.
These provisions will be undertaken in a manner consistent with a legislative outline
being developed with the District.
6. Infrastructure. The Department of Transportation will assume responsibility for the
funding and oversight of certain National Highway System (NHS) capital projects
(including roads, bridges, and transit) and NHS operations and maintenance
projects (excluding police authority, National Park Service roads, and transit) in
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funded and the Secretary of Transportation will review the District's project
selections in accordance with Title 23 planning procedures. Contract
administration will be performed by the Federal Bighway Administration. In
addition, eligibility for Surface Transportation Program (STP) funds will be
expanded to include local public roads. To support NBS projects, the National
Capital Infrastructure Fund (NCIF) will be established in FY1998 with $108 million
for road, bridge, and transit capital projects. An additional $17 million will be
provided in FY1998-03 for NBS operations and maintenance. Federal-aid funds
for the District's NBS, Interstate Maintenance, and Bridge programs will be
transferred to the NCIF in FYI998-03. The Administration also proposes that the
NCIF be authorized to accept contributions from other sources.
I 7. Personal Income Tax Ceileetien Administratioll. At the request of, and at no cost to, the
District, the Internal Revenue Service will assume responsibility from the District of
Columbia for administering and/or enforcing D.C. individual income amI pa-),roll taxes.
This wO\:lls potentially inel\:lse the pfOeessing of those taxes pais by insivis\:lals, as well
as the payment of relates employment B:flS payroll taxes_ The District government will
maintain processing and collection responsibility for all other taxes.
Both during the drafting and upon enactment of the legislation to implement the Plan, the
parties to the MOU will review the legislation and confer on whether any revisions to the MOU
are necessary to ensure its consistency with the legislation.
SECTION V. DISTRICT CONDITIONS
The District government understands that it will be expected to undertake significant
actions as part of the National Capital Revitalization and Self-Government Improvement Plan
(the "Plan")_ This section sets out the actions that the District government agrees to take as a
condition ofthe Federal government actions under the legislation to carry out the Plan.
1. Medicaid. The District agrees to develop and implement plans satisfactory to the
Secretary of Health and Human Services to accomplish each of the following:
1.1. To develop an effective system for the identification and collection of amounts owed by
third parties for medical care and services furnished to individuals under the District's
Medicaid plan.
1.2. To ensure the timely audit and settlement of cost reports of institutional providers
(including hospitals, nursing facilities, and intermediate care facilities for the mentally
retarded) under the District's Medicaid plan, including prompt elimination of the backlog
of such audits and settlements. .
i.3. To develop and implement, directly or under contract, a comprehensive health care
management information system that will standardize data base development and
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system shall at a minimum have the capacity to accomplish the following functions:
1.3.1. To assist with eligibility verification;
l.3.2. To create utilization and financial profiles of providers;
1.3.3. To identify services (including preventive services) received by program beneficiaries;
1.3 A. To monitor the claims processing and other Medicaid operations of the fiscal agent;
1.3.5. To monitor the quality of care provided under managed care contracts; and
l.3.6. To coordinate information management with respect to the District's Medicaid program
and other public health programs and functions.
104. To develop a comprehensive behavioral managed health care system, which combines
substance abuse and mental health grant programs. Development of such a plan shall
include a pilot project for better evaluation of in-patient acute psychiatric patient
admissions, and the purchase of a comprehensive, risk-based system for managed care of
behavioral health which covers all eligible populations and services.
2. Pensions. The District Government agrees: (see Appendix One for definitions)
2.1. To establish a Replacement Plan for the current Retirement Program
2.l.l. The Replacement Plan will cover all existing and new employees (except for judges) who
are, or would be, covered by the Retirement Program, if the Retirement Program
continued unchanged, and will be established by the date specified in legislation.
2.l.2. To the extent required by current law, the Replacement Plan will be established through
collective bargaining.
2.l.3. After the Adoption Date, the Replacement Plan may not be amended in any manner that
materially increases the cost of the Replacement Plan without provision of a mechanism
for funding such increases, in accordance with Section 2.2.
2.2 That the Replacement Plan will use appropriate funding methods and costs that do not
exceed the sum available in the District of Columbia Budget and Financial Plan.
2.2.1. The cost of any defined benefit plan will be determined in accordance with the
measurement standards of Governmental Accounting Standards Board Statement No. 27
(GASB 27), with the following additional restrictions:
2.2.1.1. funding methods will be limited to entry age or frozen entry age; and
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years on a closed basis.
2.2.2. The cost of any defined contribution plan is the employer contribution required under the
provisions of the plan.
2.2.3. All costs of the Replacement Plan must be reflected in the D.C. Budget and Financial
Plan in accordance with the standards described above.
2.2.4. All costs of the Replacement Plan must be paid in accordance with the D.C. Code 1981,
Title 1, Chapter 7, subchapter III.
2.2.5. Contributions of all existing and new employees (except judges) will be paid into the
Replacement Plan.
2.3. To transfer copies of books and records of the Retirement Program and the Fund and to
be financially responsible for errors and omissions, including all necessary records of
individual employees.
2.3.1. Copies of any books and records pertaining to the Retirement Program and the Fund
required by the Secretary of the Treasury or the Trustee must be made available to the
Secretary or Trustee within 30 days after the Secretary or Trustee requests them.
2.3.2. The District will reimburse the Trustee for all costs, including benefit payments, resulting
from errors or omissions in the books and records pertaining to the Fund.
2.4. To transfer assets from the Fund
2.4.1. Any and all assets of the Fund required to be transferred to the Trustee shall be
transferred on the Transfer Date in a form specified by the Trustee.
2.4.2. The District of Columbia Retirement Board will administer the retirement programs until
the Trustee assumes these responsibilities. The District government will reimburse the
Fund for any benefits paid out of the Fund between the Freeze Date and the transfer date
that exceed payments that would have been the responsibility of the Federal government
if the transfer had occurred simultaneously with the freeze.
2.4.3. A significant amount of assets will be left with the District of Columbia to fund the
I benefits of participants in the District's plans and to reduce its annual contribution.
3. Treasury Loans to Eliminate the Deficit. The District agrees that:
3.1. Any Treasury loan to eliminate the accumulated fund balance deficit would be for no
more than 15 years, with an interest rate equal to the prevailing yield on outstanding
Treasury marketable securities of comparable maturities plus 1/8 of one percent.
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deficit and to manage its liquidity position will not exceed the amount of $500 million,
except for intra-year loans.
3.3. The Secretary of the Treasury may require early reimbursement if the District can obtain
credit in the commercial market on reasonably [beneficia\] terms for refinancing as
determined by the Secretary.
3.4. Before any lending may occur, the District must provide a requisition for an advance
of funds and a promissory note to reimburse the Treasury for the Advance, in forms
satisfactory to the Secretary of the Treasury.
I 3.5. Before any lending may occur. the TreasUlY shall consider the impact of such lending on
the District's obligations to District bond and note holders.
3.6. Before any lending may occur, the Secretary of the Treasury must receive
certifications from the Financial Responsibility and Management Assistance
Authority and the District of Columbia Inspector General that there is an approved
Budget and Financial Plan in effect for the District for the Fiscal Year in which the
requisition is made, that the District is in compliance with the Authority-approved
Budget and Financial Plan, and that the borrowing and repayment of the loan is
consistent with the Authority-approved Budget and Financial Plan.
3.7. Before any lending can occur, the Secretary of the Treasury must receive
certifications from the District government and the Financial Responsibility and
Management Assistance Authority that the District is unable to obtain enough credit
elsewhere to meet the District government's need for fmancing.
3.8. The Federal government will work with the District government to amend its general
obligation debt limit provisions in order to allow implementation of the District's capital
plan in an orderly and sustainable manner.
4. Criminal Justice. This subsection of the Memorandum of Understanding (MOU)
between the Federal government and the District of Columbia government (D.G) outlines the
offer of the Federal government, conditioned wholly on appropriations and D.G's acceptance and
satisfaction of all other conditions and predicates identified and described herein, to assist D.G by
assuming responsibility for certain traditionally State responsibilities and the conditions that D.G
must agree to and fulfill should it choose to accept that offer as it relates to criminal justice
functions, including, but not limited to, certain defendant and offender services, corrections and
the judiciary. The MOU sets forth the expectations and responsibilities relating to proposed
changes and reforms in the D.G criminal justice and judicial system and the procedures
(including new statutory and regulatory provisions) the Federal government and D.G will use to
implement the MOU. In particular, the MOU is designed to:
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of parole, institution of determinate guideline sentencing and the enactment of the new
mandatory minimum drug sentences, which are a prerequisite for the Federal government
accepting responsibility for the incarceration of felons convicted of D.C. Code violations.
4.ii. ensure that such sentencing system is to be enacted within 24 months after funding has
been provided, or the Federal government will not be required to obligate any funds
appropriated for the purpose of incarcerating D.C. Code felons and will have no
responsibility for housing such persons.
4.iii. ensure an appropriate transfer and transition of responsibility from D.C. to the Federal
government for pretrial, public defender, parole, probation, and post-conviction
supervision and services for adult D.C. Code defendants and offenders.
4.iv. ensure an appropriate transfer of responsibility from D.C. to the Federal government for
the incarceration of sentenced felons convicted of D.C. Code violations, assuming
sufficient resources are provided by Congress to develop necessary bed space to
accommodate the resulting increase in the Federal Bureau of Prisons (BOP) population
and D.C. Code violators are designated in the same manner as Federal inmates.
4.v. provide the basis for establishing an independent budgetary, financial oversight, and
administrative support system for the D.C. courts.
4.vi. define the respective roles of the D.C. and Federal Governments in relation to lawsuits
and resulting liability, as they may be affected by the reforms agreed to in this MOU.
4.vii. ensure the development by D.C. and the Federal Governments of transition plans
4.vii.a. (in consultation with the Federal and D.C. judiciaries) for transferring
responsibility for pretrial, public defender, parole, probation, and
post-conviction supervision and services for adult D.C. Code defendants
and offenders over a transition period of one to three years from the
enactment of the federal implementing legislation.
4.vii.b. for transferring responsibility for incarcerating sentenced felons convicted of D.C.
code violations over a period of approximately three to five years.
4.vii.c. (in consultation with the D.C. judiciary) for transferring responsibility for funding
the D.C. court system and related services, including plans relating to
retirement benefits and other personnel matters.
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Government.
4.1. Administration of District of Columbia Pretrial. Parole, Probation, and Post-Conviction
Offender Supervision, Housing:, and Public Defender Services
4.1.1. Federal Government Responsibilities
4.1.1.1. Mter consultation with the Mayor of D.C, representatives of the D.C Council,
the Chairman of the D.C Financial Responsibility and Management
Assistance Authority (Financial Authority), and members of the affected
Federal and D.C judiciaries, the Attorney General will select an Offender
Supervision, Defender and Courts Services Trustee to:
a) assure the smooth transition and continued operations of D.C's
Pretrial Services Agency and Public Defender Service;
b) implement an orderly shutdown of the D.C Board of Parole in
coordination with the U.S. Parole Commission and the Superior
Court for the District of Columbia;
c) establish and operate a new D.C Offender Supervision, Defender
and Courts Services Agency; and
d) accomplish, without disruption of services, the transfer of the adult
offender probation supervision functions of the D.C Courts Social
Services Division,
until the Federal government assumes responsibility for each of these
functions.
4.1.1.2. During the transition period, under the general auspices of the Trustee, the D.C
Pretrial Services Agency will continue uninterrupted to provide services
and support for both juvenile and adult D.C Code and Federal defendants
and offenders to the U.S. District Court for the District of Columbia, the
U.S. Court of Appeals for the District of Columbia, the Superior Court for
the District of Columbia, and the District of Columbia Court of Appeals.
The Director of Pretrial Services may employ such personnel as shall be
necessary pursuant to procedures and standards established by the Trustee
to facilitate transition to Federal status.
4.1.1.3. Following the transition period, the D.C Pretrial Services Agency and the
D.C Public Defender Service will be organizationally housed in a part of a
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Agency.
4.1.1.4. The D.C. Board of Parole will be terminated after the Trustee establishes a
transition agency with the capacity to provide adequate field supervision to
adult D.C. offenders on parole, probation or supervised release, and the
U.S. Parole Commission is capable of carrying out parole functions for
D.C. Code felony offenders. Subject to appropriations, the D.C. Board
of Parole's functions and jurisdiction vis a vis felon parolees will be
assumed by the U.S. Parole Commission. Similarly, its functions and
jurisdiction vis a vis misdemeanant parolees will be assumed by the D.C.
court system. Substantive D.C. law will continue to apply to parole
determinations for all D.C. Code offenders. The Distrid of Columbia
Superior Court Division of Social Services will continue to provide
supervision to D.C. Code juvenile offenders and will assume responsibility
for the supervision of misdemeanant parolees.
4.1.1.5. The Tmstee will aept employmeHt appliatioHs for He'll offeHder field
SHpeMSIOH POSitiOHS iH the traHsitioH ageHy from perSOHS mremly
employed by the D.c. OHrt system aHd the D.c. Board of Parole.
AppliatioHs 'llil! be proessed iH aOrdaHe ,....ith proedmes and
staHdards established by the Tmstee to failitate traHsitioH to sHbseqHem
Federal law eHforemeHt employmem iH the SHeSSOr OffeHder
,sHpervisioH, DefeHder aHd COHrts ,serviEes AgeHY. POSitiOHS will be
advertised prior to hiriHg.
4.1.1.5. The Trustee will accept employment applications f()[ new offender field
supervision positions in the transition alrency from persons who are
currently employed by the District of Columbia Board of Parole or in
offender supervision-related capacities by the District of Columbia Court
System. Oualified, experienced personnel will be essential to an efiective,
timely transition and will receive priority consideration. Applications will
be processed in accordance with procedures and standards established by
the Trustee to facilitate transition to subsequent Federal law enforcement
employment in the successor Offender Supervision, Defender, and COllrts
Services Agency. Positions will be advel1ised ~?lior to hiring to assure
notice to all interested D.C. agency personnel.
4.1.1.6. During the transition period, the Federal government will transfer funds for the
Pretrial Services Agency, the Public Defender Service and the supervision
of D.C. offenders to the Trustee. The head of any Federal department or
agency may provide the services of any personnel on a reimbursable basis
to the Trusteeship to assist in carrying out the Trustee's duties.
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Defender Service will continue uninterrupted to provide services to D.C.
Code defendants and the D.C. court system. The Director of the Public
Defender Service may employ such personnel as shall be necessary
pursuant to procedures and standards established by the Trustee to facilitate
transition to Federal status.
4.1.1.8. During the transition period, the employees of and funds allocated to the Trustee
and the agencies for which the Trustee is responsible shall not be counted
against the personnel and budget ceilings imposed on D.C. by the
Financial Authority or Congress.
4.1.1.9. The U.S. Marshals Service (USMS) will contract with D.C., at a mutually
agreeable rate, to obtain space not needed by D.C. at D.C.'s Correctional
Treatment Facility (CTF), to house persons in the custody of the USMS
for whom the USMS requires bed space in the D.C. area.
4.1.1.10. Subject to appropriations, the Federal government will provide funds to
support the D.C. Board of Parole functions during the one to three year
transition period culminating in the termination of the D.C. Board of
Parole.
4.1.2 District of Columbia Responsibilities
4.1.2.1. The District of Columbia will maintain responsibility for all D.C. Code juvenile
offenders not prosecuted as adults.
4.1.2.2. The District of Columbia will have responsibility for housing and supervISIng
persons charged with and/or convicted of misdemeanor violations in the
Superior Court for the District of Columbia, both before and after
sentencing.
4.1.2.3. The District of Columbia will continue to house persons charged with felonies
under the D.C. Code and persons convicted of felonies under the D.C.
Code but not yet sentenced, in the Superior Court for the District of
Columbia. To the extent beds are available, D.C. will continue to
house persons charged with felonies under the U.S. Code, and persons
convicted of felonies under the U.S. Code but not yet sentenced in the
U.S. District Court. D.C. will continue to receive reimbursement, at a
mutually negotiated rate, from the Federal government for the costs of
housing such persons. "House" and "housing" include subsistence,
transportation of persons to and from court appearances, revocation
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records.
4.1.2.4. The District of Columbia will continue to house persons sentenced by the
Superior Court and detained pending a hearing for revocation of parole,
probation, or supervised release, and will provide suitable facilities for such
hearings. To the extent beds are available, D.C. will house persons
sentenced by the U.S. District Court and detained pending a hearing for
revocation of parole, probation, or supervised release, will provide suitable
facilities for such hearings, and will continue to receive reimbursement by
the Federal government at a mutually negotiated rate for the costs of
housing such persons and for providing such facilities. "House" and
"housing" include subsistence, transportation of persons to and from court
appearances, revocation hearings, and medical facilities, and the
maintenance of necessary prisoner records.
4.1.2.5. The Trustee will be an independent officer of the D.C. Government and can be
removed by the Mayor only with the concurrence of the Attorney General.
The Attorney General has authority to remove the Trustee only for
misfeasance or malfeasance in office.
4.1.2.6. The Trustee will propose funding requests for offender supervision and services
for inclusion in the President's budget for each Fiscal Year of the transition.
4.1.2.7. The Trustee will allocate funds for offender supervision (including adult felon
parole and probation) in D.C., including funds for short term
improvements, equipment contracts, and salary increases necessary to retain
key personnel, maintain and enhance current levels of service, including
offender drug testing, and provide for the safety and security of the
community.
4.1.2.8. Upon receipt of funds identified by Congress or other entities for Pretrial Services,
the Trustee will immediately transfer such funds to the Pretrial Services
Agency.
4.1.2.9. Upon receipt of funds identified by Congress or other entities for the D.c.
Public
Defender Service, the Trustee will immediately transfer such funds to the
Public Defender Service.
4.1.2.10. Effectively immediately and in view of the responsibility to be undertaken
by the U.S. Parole Commission to carry out the functions of the D.C.
Board of Parole pursuant to the parole laws and regulations of D.C., the
D.C. Council will not enact legislation that changes or modifies parole
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concurrence of the Attorney General. D.C. will immediately take steps to
modify parole as applicable to misdemeanants to provide for D.C. court
supervision of D.C. misdemeanant parolees and the elimination of the
D.C. Board of Parole. Following tHe assumption by tHe U.S. Parole
Commission of tHe fl:lnctions of tHe D.G. Board of Parole, tHe D.G.
Council will cede to Congress tHe sole alitHority to legislate cHanges to tHe
D.G. Code pertaining to tHe parole of D.G. felony offenders.
4.1.2.11. It is expected that the transition period for these offender, defender and
court services will end no sooner than one year but not later than three
years after the enactment of the related legislation.
4.1.2.12. The D.C. Corporation Counsel will provide representation for the Trustee
and Trustee supervised agencies. (see litigation and liability section)
4.2. Administration of District of Columbia and Federal Prisons
4.2.1. Federal Government Responsibilities
4.2.1.1. The Federal government will take administrative control of the nine parcels of
land, collectively located at or in the vicinity of Lorton, Virginia (lithe
Lorton property"), and other appropriate sites. After the BOP's capacity
has been increased through renovation of existing facilities and new
construction at the corrections complex in Lorton and other locations
selected by BOP, BOP will house felons who were convicted of D.C.
Code violations and sentenced to terms of imprisonment. (A recently
completed Congressionally mandated study of the D.C. Department of
Corrections revealed that most of the institutions at Lorton have exceeded
their useful lifespan and need major renovations or demolition.)
4.2.1.2. BOP will conduct a thorough preliminary assessment of the Lorton property
to determine its environmental condition, including a study of the
contamination on the property and an estimation of the costs
associated with bringing the property into compliance with
environmental and other applicable regulations. Based on
preliminary information gathered pursuant to a review of the
environmental conditions of a portion of the Lorton property, BOP
could begin planning for renovation and construction immediately;
actual physical renovations would not begin until Fiscal Year 1998.
The estimated date for the completion of the preliminary
environmental assessment process is March 21, 1998.
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D.C. as necessary to provide an appropriate transition for inmates
who are nearing release from Federal prisons, including those
convicted of D.C. Code violations. BOP intends to use existing
community corrections centers in D.C. to the extent practicable and
will work with D.C. officials to identify prospective sites, as needed to
establish new community corrections facilities.
4.2.1.4. D.C. Code offenders will be housed together with Federal offenders in
facilities operated by BOP in Lorton, Virginia and elsewhere. Every
effort will be made to house D.C. felons at facilities as close to D.C. as
permitted by inmate program and security needs and BOP population
management requirements. D.C. felons will be designated in the
same manner as Federal inmates, and ordinarily initially assigned to
institutions located within a 500-mile radius of their release residence.
BOP anticipates that many of the initial designations for D.C.
offenders will be within a significantly closer radius. BOP also will
work with D.C. officials to identify sites for possible Federal
correctional facility construction within D.C.
4.2.1.5. During the transition period, based upon assurances from D.C. that
felons convicted of violating the D.C. Code will, in the future, receive
sentences similar to those received by comparable offenders convicted
of comparable Federal offenses, BOP will house those sentenced D.C.
felons in the custody of the D.C. Department of Corrections as the
Director of the BOP deems appropriate in accordance with available
capacity. If such a new structure for sentencing under the D.C. Code
is in place as of October 1, 2001, BOP will accept D.C. felons
sentenced under the new sentencing structure in accordance with the
capacity of BOP. By October 1, 2002, and assuming fulfillment of all
requisite conditions, BOP will have assumed responsibility for
incarcerating all sentenced D.C. felons.
4.2.1.6. BOP will accept employment applications from persons currently
employed by the D.C. Department of Corrections for BOP vacancies
and will make hiring selections in accordance with existing Federal
procedures and standards. Qualified, experienced personnel will
receive priority consideration. Positions for new BOP facilities will
be advertised prior to hiring to assure notice to all interested D.C.
agency pCl"sonnel.
4.2.1.7. After consultation with the Mayor, representatives of the D.C.
Council, the Chair of the Financial Authority, members of the
judiciary and others, the Attorney General will select a Corrections
Trustee to oversee expenditures of the D.C. Department of
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assumes responsibility for all incarcerated sentenced D.C. felons.
4.2.1.8. To the extent authorized by law, the Federal government will provide
funds for the incarceration of sentenced D.C. felons through the
Trustee to the D.C. Department of Corrections. The head of any
Federal department or agency may provide on a reimbursable basis
the services of any personnel to the Trustee to assist in carrying out
the Trustee's duties.
4.2.1.9. Of the Federal funds received by the Trustee, the Trustee will
reimburse BOP for those funds identified by Congress to be used for
the construction of new facilities and the major renovation of existing
facilities. BOP will be responsible and accountable for determining
how these funds will be used, including the type, security level, and
location of new facilities.
4.2.1.10. During the transition period, the employees of and appropriations
allocated to the Trustee and the agencies for which the Trustee is
responsible shall not be scored or counted against the personnel and
budget ceilings imposed on D.C. by the Financial Authority or
Congress.
4.2.2. District of Columbia Responsibilities
4.2.2.1. Offenders convicted of D.C. Code violations will be sentenced
pursuant to a new D.C. sentencing system, described below. BOP
shall not be required to obligate any funds appropriated for the
absorption of D.C. Code felons into the Federal prison system and will
have no responsibility to house any persons convicted of felony
offenses, if the new sentencing system is not enacted within 24 months
ofthe authorizing legislation's enactment.
4.2.2.2. D.C. will continue to house felons sentenced to terms of imprisonment
by the Superior Court for the District of Columbia until such persons
have been designated by BOP. To the extent beds are available, D.C.
will continue to house felons sentenced to terms of imprisonment by
the U.S. District Court until such persons have been designated by
BOP and will continue to receive reimbursement by the Federal
Government, at a mutually negotiated rate, for costs of housing
persons sentenced by the U.s. District Court.
4.2.2.3. The Trustee will be an independent officer of the D.C. government
and can be removed by the Mayor only with the concurrence of the
Attorney General. The Attorney General has authority to remove
the Trustee only for misfeasance or malfeasance in office.
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sentenced D.C. felons, for inclusion in the budget submitted by the
President to Congress for each Fiscal Year of the transition.
4.2.2.5. The Trustee will allocate funds to the D.C. Department of
Corrections, including such sums as may be appropriated for short
term improvements that are necessary for the safety and security of
staff, inmates, and the community.
4.2.2.6. The D.C. Department of Corrections will implement the short term
improvements in physical security identified in the "District of
Columbia Department of Corrections Short-Term Improvements Plan
(September, 1996)."
4.2.2.7. Upon receipt of Federal funds identified by Congress for constructing
new prisons and making major renovations to existing facilities for
the incarceration of D.C. felons, the Trustee will immediately
reimburse BOP for such funds.
4.2.2.8. The D.C. Corporation Counsel will provide representation for the
Trustee and Trustee supervised agencies. (see litigation and liability
section)
4.2.2.9. During the transition, D.C. will transfer custody and control of the
property at Lorton, Virginia to the Federal Government, though the
D.C. Department of Corrections may continue to house D.C. felons at
facilities located at Lorton until such time as BOP absorbs such
offenders into the Federal prison system.
4.3. Sentencing. The District of Columbia understands and agrees that the D.C. sentencing
system will be changed pursuant to proposed legislation in the following manner:
4.3.1. Congress .....il! amend (Ihe D.C. Code will be amended to abolish parole for all
persons convicted of D.C. felony offenses committed on or after three years from
the enactment of the Federal authorizing legislation.
I 4.3.2. Congress ....11! amend tIhe D:C. Code will be amended so that good time
calculations for all persons convicted of D.C. felony offenses committed on or after
three years from the enactment of the Federal authorizing legislation will be made
according to the Federal requirements.
4.3.3. Congress will establish a new D.C. Board of Criminal Sentences (the Board) as an
independent body within the D.C. Government. All persons convicted of D.C.
felonies committed on or after three years from the enactment of the Act will be
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and transmitted by the Board to the D.C. Council no later than 18 months after
enactment of the Federal authorizing legislation.
4.3.4. The Board will develop a sentencing system which shall include binding
guidelines and may include such amendments or repeals of provisions in the D.C.
Code relating to the maximum and minimum prison terms as are necessary to
accomplish the purposes of the Act. Ninety days after the Board promulgates
and transmits the sentencing system to the D.C. Council, the sentencing system, its
guidelines, amendments and repeals will become effective unless disapproved in its
entirety bv an Act of a majority of the Council. If disapproved by the CmmEil,
the system may be enaEted by Congress.
4.3.5. The promulgated sentencing system wiII supersede any inconsistent provision of
the D.C. Code.
4.3.6. Congress will repeal Eertain other provisions of the D.G. Code ....ill be to EOnfOrrn
with the ne".,' sentencing system (D.G. Code Title 24, Chapters 2 and 8),
inclliding the YOlith Rehabilitation Att. Provisions of the D.C. Code that do not
conform with the new sentencing system will be amended or repealed to confonn
with the new sentencin~ system.
I 4.3.7. Congress will amend D.C. Code Title 33, Section 541 will be amended to adopt
certain mandatory penalties necessary to further the Superior Court of the District
of Columbia's Drug Intervention Program and effective local law enforcement.
The new sentencing system will incorporate these mandatory penalties, thereby
excluding local narcotics offenses from the mandate that sentences be similar to
those that would be imposed upon comparable offenders in the Federal system.
4.3.8. The Board will not have the authority to provide for capital punishment under any
law applicable exclusively in D.C.
4.3.9. The Board will have seven voting members. AIl the members of the Board shall
have knowledge and responsibilities with respect to criminal justice matters. The
Attorney General (or the Attorney General's designee) will chair the Board. The
other members will include two judges of the Superior Court for the District of
Columbia and one representative each of the following entities: the D.C. Council,
the Executive Branch of the D.C. Government, the D.C. Public Defender Service,
and the U.S. Attorney for the District of Columbia. One representative each of
the D.C. Corporation Counsel and BOP will serve as non-voting, ex officio
members.
4.3.10. An affirmative vote of at least six Board members will be necessary to promulgate the
sentencing system.
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review other sentencing guideline system models, consult with sentencing reform
experts, and solicit written comments from the public.
4.3.12. If the Board fails to promulgate a sentencing system within 18 months, the Board will
terminate, and the Attorney General will develop a sentencing system to be
transmitted to the D.C. Council for approval. Ninety days after the Attorney
General transmits the sentencing system to the D.C. Council, the sentencing
system, its guidelines, amendments, and repeals will become effective, unless an
Act of the Council disapproves the system in its entirety aHd COHg~SS, iH rum,
does Hot approve it.
4.3.13. The Board will have the mandate to ensure that the sentencing system it establishes,
among other things:
4.3.13.1. will result in sentences for those convicted of D.C. felony offenses similar
to those that would be imposed upon comparable offenders convicted of
comparable offenses in the Federal system;
4.3.13.2. will result in sentences that reflect the seriousness of the offense and
provide for just punishment, afford adequate deterrence to potential future
criminal conduct of the offender and others, and provide the defendant
with needed educational or vocational training, medical care, and other
correctional treatment;
4.3.13.3. will provide certainty and fairness in meeting the purposes of sentencing,
avoiding unwarranted sentencing disparities among similar defendants,
while maintaining sufficient flexibility to permit individualized sentences;
4.3.13.4. will take into account the high volume of sentencing proceedings in the
D.C. Superior Court as bearing upon the degree of complexity of the
sentencing system; and
4.3.13.5. will ensure that the system is neutral as to the race, sex, marital status,
ethnic origin, religious affiliation, national origin, creed, socioeconomi~
status, and sexual orientation of offenders, if not related to the commission
of the offense.
4.3.14. As part of the sentencing system, the Board will develop binding guidelines for use in
determining the sentence to be imposed upon convicted felons. The guidelines
will specify:
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and the appropriate amount or length, thereof, as well as intermediate
sanctions;
4.3.14.2. when to impose a term of supervised release following imprisonment, and
the appropriate length, thereof; and
4.3.14.3. whether multiple sentences to terms of imprisonment should run
concurrently or consecutively.
4.3.15. NiRept days after promulgatioR of the seRteRciRg system, the Board will be termiRated.
There 'Nil! be established a successor, Federally fURded ageRCY to ameRd the
guideliRes as Recessary to achie'le the purposes of the Act The D.G. CouRcil
may recommeRd to CORgress ,....hether or Rot these ameRdmeRts should be
appro'led. Howe'rer, the ameRdmeRts will take effect as prescribed by the
successor ageRCY, uRless they are moditled or disapproved by CORgress. The
successor ageRcy will have RO powers to revise the D.G. Code but 'Nill
recommeRd chaRges to the Code as may be Recessary to further the purposes of
the Act.
Ninety davs after promulgation of the sentencing system, The Board shall
tenninate. There will be established a successor, federally-funded agencv. The
successor agencv shall be available to advise the Council regarding
sentencing-related matters but will have no powers to revise the D.C. Code. The
successor agency will recommend to the Council such changes to the D.C. Code
as mav be necessary to further the purpose of the Act. The D.C. Council will
continue to have authority to enact D.C. Code revisions independent of the
recommendations of the successor agency. The successor agencv also may
recommend to the D.C. Council amendments to the D.C. sentencing !-,uidelines as
necessary to achieve the purposes of the Act. Such amendments shall articulate
sentencing adjustments or new guidelines subject to maximum sentences or ranges
established bv the D.C. Council in D.C. Code. Guideline amendments that
pertain to established D.C. Code provisions will take eHect unless disapproved by
an Act of the Council that is in turn affinned by the Con!-,ress. Guideline
provisions related to proposed changes in the D.C. Code will only take effect
under this procedure if the Code ch'lllge is first ,ldopted by the Council.
4.3.16. The Superior Court for the District of Columbia, D.C. Department of Corrections, and
any other agency will submit information about convicted felons as required by
the Board and the U.S. Department of Justice. This would permit an assessment
of the extent to which sentences imposed by the Superior Court of the District of
Columbia are similar to those imposed for comparable offenders in the Federal
system. The results of this assessment would be used by the Board in developing
the new sentencing system for D.C.
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to determine the extent to which the sentencing system has succeeded In
accomplishing the goals set forth in the Ad.
4.4. Liability and Litigation Responsibility and Authority
4.4.1. Federal Government Responsibilities
4.4.1.1. The Federal government will be responsible for the defense of any claim arising
from any alleged ad or failure to ad on the part of the United States, its
agencies and personnel, in connection with pretrial, defender, offender
supervision, sentencing reform, corrections, probation and parole services,
and for any resulting liability, after responsibility for these services has
passed to the Federal government at the end of the transition period.
4.4.1.2. The Federal Government's assumption of responsibility for the defense of claims,
and any resulting liability, set forth in paragraph 4.4.1.1. above shall
include claims arising from any alleged ad or failure to act of BOP, its
agencies and personnel in connection with the demolition, repair,
renovation, or construction of any building, strudUre, or other
improvement of any kind at the Lorton, Virginia property.
4.4.1.3. At the discretion of the Attorney General, the Attorney General may dired any
litigation involving the Trustees appointed pursuant to sections 4.1.1.1. and
.I 4.2.1.6. 4.2.1.7. above, pretrial services, offender supervision services, or
sentencing reform during the transitional period, and may provide
litigation services for the Trustees and the agencies responsible for pretrial
services, offender supervision services, and sentencing reform during the
transitional period in lieu of representation by D.C. E*efCise of the
Attorney General's discrerion shall not change the terms of this agreement
and shall not otherwise enlarge the liability of the United States, its
agencies, or personnel. HO'ilever, D.C. The District may petition the
Attorney General to request reimbursement for litigation costs and liability
arising from actions of the Trustees.
4.4.2. District of Columbia Responsibilities and Liability
4.4.2.1. D.C. will be responsible for the defense of any claim that has arisen or may arise
from any ad or alleged failure to ad by D.C., its agencies or personnel, in
connection with D.C.'s pretrial, defender, offender supervision,
sentencing reform, corrections, or probation and parole services, and for
any resulting liability. D.C. will remain responsible for defending and
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the pertinent service has passed to the Federal Government. D.C. will
also be responsible for the defense of any claim arising from any activity of
D.C., its agencies or personnel as a result of any action agreed to in this
MOU, and for any resulting liability.
4.4.2.2.D.C. is, and will remain, responsible for the defense of any and all claims
described in paragraph 4.4.2.1. above, including the defense of claims
arising from any alleged act or failure to act of the Trustees (see sections
4.1.1.1. and 4.2.1.6. 4.1.2.7.). Except as othelwise in this MOU pfOv.jded
in paragmph 4.S.a. and in paragraph 4.U.) above, the D.C. Corporation
Counsel will provide litigation services as required to carry out this
responsibility.
4.4.2.3.Notwithstanding paragraph 4.4.2.2. above, the Trustees and the agencies
responsible for pretrial, defender, offender supervision services, and
sentencing reform may choose not to utilize the Corporation Counsel and
to engage other litigation services.
4.4.2.4.D.C. is responsible for petitioning the Attol11ey General to request reimbursement
for litigation and liability costs 3\;sin~ fi"Om actions of the Trustees. Such
a petition should include if appropriate documentation that such litigation
resulted from actions of the Trustees and/or the extent to which D.C.'s
liability may have been enlarged by actions of the Trustees.
4.5. District of Columbia Courts
4.5.1. Congress will make all necessary amendments to the D.C. Code will be amended and
other laws to terminate budgetary control and other involvement of the D.C. Government
in the finances and administration of the D.C. court system, including the Superior Court
of the District of Columbia and the District of Columbia Court of Appeals.
4.5.2. The Joint Committee on Judicial Administration of the D.C. courts will prepare and
submit the budget for the D.C. court system, in accordance with section l105(b) of Title
31 of the U.s.c. Prior to submission to Congress, the budget !()f the DC court system
shall be provided to the Mavor and the Council of the Distl;ct of Columbia in order thilt
the v may develop recommendations on the budget to the Office of Management and
Budget and the Con~ress. The budgetary requests of the D.C. courts system will not be
subject to revision by the D.C. Government or the Executive Branch of the Federal
Government.
26
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D.C. agencies, Federal agencies, and other public and private entities, for necessary
supplies, equipment, and services.
4.5.4. Expenditures of the D.C. court system will be paid out of funds appropriated for those
courts and credited to a Treasury account established for that purpose. Funds received
by the D.C. court system will not be part of the funds or budget of D.C.
4.5.5. District involvement in the selection and review of D.C. judges will not be diminished.
5. Economic Development. The District government will:
5.1. Implement timely and efficient zoning, permitting, and licensing processes by the end of
FYl997 1998.
5.2. Offer personnel resources and fully cooperate with the Economic Development
Corporation (EDC) in its review and evaluation of existing economic development
plans, in the development of the EDC's strategic plan, and in subsequent implementation
of the plan.
5.3. Give expedited consideration to the EDC's request for land transfers (including transfers
from the Redevelopment Land Agency), zoning adjustments (including variances and
special exceptions), and building and other permits and licenses for projects and activities
as requested by the EDC.
5.4. Support legislation that:
5.4.1. allocates to the EDC 50 percent of the applicable State ceiling on the authority of the
District government to issue private activity bonds in each calendar year after 1997 under
section 141 of the Internal Revenue Code, and that any portion of the ceiling allocated to
the EDe, but not identified for specific projects by the EDC within the calendar year
allocated, reverts back to the District;
1 5.4.2. authorizes the EDC to acquire property in furtherance of its statutorv objectives through
certain limited powers of condemnation by eminent domain in the name of the District of
Columbia; and
5.4.3. provides that all powers, rights, assets, duties, obligations, and liabilities of the EDC will
transfer to the District government upon the EDC's dissolution.
6. Infrastructure.
27
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(hereinafter in this section referred to as the Secretary) agrees that:
6.1.1. Beginning on October 1, 1997, the Secretary shall assume responsibility for the
funding and oversight of certain National Highway System (NHS) capital projects
that have been selected by the District of Columbia in accordance with 6.1.2 and
shall assume responsibilities for funding operations and maintenance costs related
to the NHS within the District of Columbia (exclusive of police authority and
exclusive of funding those NHS routes currently under the jurisdiction of the
National Park Service) with funds made available under the National Capital
Revitalization and Self-Government Improvement Act of 1997, to be referred to
henceforth in this section as the" Act."
6.1.2. The Secretary shall advance NHS projects through the Federal Highway
Administration (FHWA) in consultation with the District of Columbia. Projects
will be selected by the District of Columbia in accordance with the requirements of
Title 23, United States Code, and in particular, the planning requirements of 23
U.S.c. 134 and 135. The Secretary shall fully exercise his current authorities under
Title 23 to oversee, approve, and modify these plans and project selections. In
reviewing the plans, the Secretary shall consider the District of Columbia Needs
Assessment and Strategic Action and Investment Program currently being
developed by the FHWA in cooperation with the District of Columbia Department
of Public Works. The FHWA shall provide the District of Columbia with technical
assistance to improve the planning process.
6.1.3. The Secretary, through the FHWA and in consultation with the District of
Columbia, shall award and manage the contracts necessary to advance the NHS
projects selected in accordance with sections 6.1.2 and 6.1.4.
6.1.4. Beginning on October 1, 1997, the District of Columbia shall continue to advance
those NHS projects approved prior to that date that are not under construction or
under a contract for such construction by October 1, 1997, unless the FHWA and
the District of Columbia agree to vest responsibility for such project advancement
with the FHWA. Such projects that are transferred under this section shall also be
governed by the requirements contained in section 6.2.5.
6.1.5. The Secretary, in response to a request by the District of Columbia, may transfer
National Capital Infrastructure Funds authorized under the Act and available for
capital expenditures and NHS apportioned funds authorized to be transferred
under the Act to other Federal-aid highway funding categories, consistent with Title
23, United States Code provisions governing the transfer of NHS funds. In
addition, the Secretary must certify that performance measures related to the
condition of and congestion on the NHS and any other performance measures,
including safety, that may be established by the Secretary of Transportation are
met before such transfers may occur.
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Act shall be administered by FHW A. From time to time as work progresses on a
project, payments shall be made by FHW A for the costs of construction, operations,
maintenance, and other eligible activities under this Act in accordance with
applicable procedures under Title 23, United States Code, or as established by the
Secretary.
6.1.7. For fiscal year 1998, $108 million shall be authorized to be appropriated to the
National Capital Infrastructure Fund (NCIF) which shall be used for construction,
reconstruction, and rehabilitation of the NHS in accordance with 23 U.S.C. 103 ( i ),
including transit capital projects eligible for funding under section 103 (i).
6.1.8. In each of the fiscal years 1998 through 2003, the Secretary shall retain and deposit
into the NCIF:
(a) 100 percent ofthe District of Columbia's apportionment for the NHS;
(b) 100 percent of the apportionments for Interstate Maintenance; and
(c) 75 percent of the apportionment for the Highway Bridge and Replacement
for use consistent with 23 U.S.C. 103 ( i ).
6.1.9. In each of the fiscal years 1998 through 2003, $17 million shall be authorized to be
appropriated to fund operations and maintenance of the NHS within the District of
Columbia, exclusive of those NHS routes under the jurisdiction and control of the
National Park Service.
6.1.10. The Secretary shall be responsible for funding those operations and maintenance
activities and costs to the extent funds are appropriated in accordance with 6.1.9,
excluding police services (except for those construction zone, incident management
and other police activities that are eligible for Federal-aid highway reimbursement
under Title 23, United States Code) associated with the management and operations
of NHS highways including the following activities: routine maintenance of
roadways and rights-of-way, road repair, snow removal, lighting, signage, and those
utilities necessary for the NHS operations. Operating expenses for any transit
activities shall not be eligible for funding under this Act.
6.1.11. The Secretary shall continue to provide oversight and technical assistance to the
District of Columbia for all Federal-aid projects that remain the responsibility of
the District of Columbia.
6.1.12. The Secretary, through the FHWA, will enter into any agreements or contracts with
any entity to advance, construct, reconstruct, rehabilitate, repair, maintain, or
operate the NHS
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jurisdiction and control of the National Park Service, consistent with 23 U.S.C. 103 ( i
).
6.1.13. The Secretary shall encourage the hiring of local labor by contractors awarded
contracts including welfare to work labor, on NBS projects fmanced under this Act
to the maximum extent possible and consistent with federal law.
6.1.14. Unless reauthorized by Congress on, or prior to, September 30, 2003, the Secretary
of Transportation's new responsibilities under this Act, other than the oversight of
projects for which funding has been previously received through this Act, would
cease and no new deposits of Federal funds would be made into the National Capital
Infrastructure Fund after September 30, 2003.
6.1.15. The Secretary shall provide the District of Columbia with the technical assistance
necessary to reassume its NBS responsibilities by September 30, 2003. The April
1996 fmdings of FBW A's review of the organizational capacity of the District of
Columbia's Department of Public Works shall guide the assistance.
6.2. District of Columbia Responsibilities. The District of Columbia agrees that:
6.2.1. The District of Columbia shall retain its current responsibilities under Title 23,
United States Code, for NBS project selection.
6.2.2. The District of Columbia shall continue to be responsible for proyiding police
services on NBS highways (including, but not limited to civil police functions, crime
prevention, investigations including traffic and accident investigation, and
emergency traffic direction). The District shall continue to own the right-of-way of
NBS highways that are located within the District of Columbia.
6.2.3. The District of Columbia will continue to be responsible for all utilities and utility
work that are not necessary for operation of the NBS even if such utilities are
located within the right-of-way of the NBS.
6.2.4. The District of Columbia shall continue to be responsible for non-NBS projects
funded with Federal-aid highway funds. Surface Transportation Program (STP)
funds will be made available to the District of Columbia for use on local streets,
highways, and roadways (except alleys). This authority does not relieve the
District of Columbia of the responsibility for the non-Federal matching share for
STP funds. The use of other Federal-aid highway apportioned funds by the
District of Columbia, other than as provided herein, also requires
a non-Federal matching share.
6.2.5. Beginning on October 1, 1997, the District of Columbia is relieved of the
responsibility to provide the non-Federal match for NBS projects that are funded
by the Secretary with monies made available through the NCIF for NBS projects
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those projects that were approved by FUWA prior to October 1, 1997 for which
Federal-aid highway funds have been obligated. The District of Columbia is
responsible for providing the non-Federal match, the Federal-aid funds, and any
obligation authority for any such projects transferred to the Secretary for project
administration, oversight, or contracting.
6.2.6. The District of Columbia shall continue to be responsible for any liability incurred
on the basis of the activities of the District of Columbia, its agencies, or personnel as
a result of any acts or omissions in carrying out this Act. The United States, its
agencies, and personnel will not. incur any liability for any such acts or omissions.
6.2.7. The District of Columbia shall cooperate with the FHWA in its technical assistance
efforts in order to assure that the District of Columbia can reassume its NUS
responsibilities by September 30, 2003. The goal of the effort shall be to satisfy the
April 1996 fmdings of FUWA's review of the organizational capacity of the District
of Columbia's Department of Public Works.
7. Personal Income Tax Administration The District agrees that:
7.1. CeAeral
7.1. The District and the Executive Branch will agree to develop a mutually acceptable
legislative proposal consistent with the intent of Section IV7. The IRS shall admiAister
aAdjOf eAfOfce the District's iflEHvidHal iAcome aAd employrnem taxes.
7.1.2. The District shall cOAtiAHe to admiAister its HAemployrnem beAefits pfOgfam.
7.2. Tax Codes
7.2.1. The IRS will admiAister the District's eXlstmg iAdividHal iAcome aAd employrneAt tax
la'll'S. The oAly provisioA the IRS caAAot admiAister is the DisHict's refuAdable property
tal. Cfedit. If the District wishes to retaiA this proy-iSiOA, it mHst be tfaAsfeffed to its real
estate tax admiAistfatioA.
7.2.2. AM of the admiAistfative, pfOcedl.ifal, aAd eAfOfcemem provisioflS of the Imemal ReveAHe
Code of 1986 aAd related statHtes v.~1I govern IRS admiAistfatioA of DisHict taxes. The
District '1I~1I ha'/e to ameAd its OWA tax code to achieve this to the satisfactioA of the
SeCfetaI)' of the TreasHI)'.
7.2.d. To avoid the possibility of aAr iAcoAsistem imerpretatioAs of similar PfOVISIOAS, the
District 'I\~ll have to ameAd its defiAitioAa! prm
==================== ATTACHMENT 1 ====================
ATT CREATION TIME/DATE: 0 00:00:00.00
TEXT:
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MEMORANDUM OF UNDERSTANDING BETWEEN:
THE DISTRICT OF COLUMBIA
Marion Barry, Jr., Mayor
Charlene Drew Jarvis, Council Chairperson Pro Tempore
Pursuant to Council Resolution 12-XXX, the Memorandum of Understanding on the President's
National Capital Revitalization and Self-Government Improvemcnt Plan Emergency Resolution
of 1997."
DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY AND MANAGEMENT
ASSISTANCE AUTHORITY
Andrew Brimmer, Chairman
OFFICE OF MANAGEMENT AND BUDGET, EXECUTIVE OFFICE OF THE
PRESIDENT
Franklin D. Raines
Chair, President's District of Columbia Task Force
Dated: _ _ _ _ _ _ __
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The parties respect the Home Rule Charter as the fundamental basis for governance in the
District. The purpose of this memorandum is to strengthen Home Rule and to agree to work
toward the revitalization of the District of Columbia. By providing for additional District
government functions. the Federal government will enable the District to tocus its resources on
the functions that remain. In some cases, however, this memorandum provides for Federal
assumption of not only funding for certain government functions. but Federal assumption of
management of those functions as well. While this is appropriate in limited circumstances, the
parties generally favor the principle of local management over District government functions,
regardless of the source of funding tor those programs.
This memorandum is intended only to improve the management of, and the relationship between,
the District of Columbia and the Federal government, and is not intended to and does not create
any right, benefit, trust or responsibility, substantive or procedural, enforceable at law or equity
by a party against the United States or the District of Columbia, its agencies, its officers, or any
person.
SECTION II. PUBLIC LAW 104-8, "THE DISTRICT OF COLUMBIA FINANCIAL
RESPONSIBILITY AND MANAGEMENT ASSISTANCE ACT OF
1995"
The parties recognize the provisions of effeetiveness of PL 104-8 and dedicate themselves to the
cooperative implementation of these its provisions. Among these provisions are:
Finance.
For each Fiscal Year for which the District is in a control period, the Mayor shall develop
and submit to the Financial Responsibility and Management Assistance Authority (the
"Authority") and District Council a Budget and Financial Plan for the applicable Fiscal
Year and the next three Fiscal Years.
Expenditures for the District government for each Fiscal Year, beginning in FY1999, may
not exceed revenues for that Fiscal Year.
During Fiscal Years 1996, 1997, and 1998, the District government shall make
continuous, substantial progress toward equalizing its expenditures and revenues.
The District may not borrow money during a control year unless the Authority provides
prior certification that the borrowing is consistent with the financial plan and budget for
the year.
For the Secretary of the Treasury to make a short-term advance to the District, an
Authority-approved Budget and Financial Plan must be in place, the Mayor must submit a
requisition for an advance including a schedule for timing and amounts for advances, the
1
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and the Secretary determines -- and the Authority certifies -- that the District lacks market
access on reasonable terms, and that the Treasury has reasonable assurance of being
reimbursed.
Management.
An Office of the Chief Financial Officer will be established in the Executive Branch of
the District government, headed by the Chief Financial Officer, and including the Office
of the Treasurer, Controller, Budget, Financial Information Services, and Finance and
Revenue.
An Office of the Inspector General will be established in the Executive Branch of the
District government.
During the control period, the Mayor shall submit proposed contracts and leases to the
Authority for review, and cannot enter into a contract or a lease unless the Authority
determines it is consistent with the Budget and Financial Plan.
The Authority may submit recommendations to the Mayor, the Council, the President,
and
Congre
ss on
actions
the
District
or
Federal
govern
ments
. may
take to
ensure
the
District
's
compli
ance
with a
Budget
and
Financi
al Plan
and
promot
e its
2
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al
stabilit
y,
manag
ement
respon
sibility
and
service
deliver
y
efficie
ncy.
The
Mayor
and the
Counci
I shall
submit
a
statem
ent to
the
Author
ity,
Preside
nt, and
Congre
ss
providi
ng
notice
as to
whethe
r the
District
will
adopt
the
recom
mendat
ions.
An
affirma
tive
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ent
must
include
a
written
imple
mentati
on
plan,
with
perfor
mance
measur
es and
a
schedu
Ie for
audit
compli
ance.
If the
statem
ent
rejects
the
recom
mendat
ions,
the
Author
itymay
vote to
take
what
actions
it
deems
approp
riate,
after
consult
ing
with
the
Senate
4
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mental
Affairs
Cornm
ittee
and the
House
Govern
ment
Refor
m and
Oversi
ght
Cornm
ittee.
SECTION III. GENERAL PROVISIONS
1. Balanced Budget. PL 104-8 requires that the District balance its budget by FY1999.
By this agreement, the District agrees to present and/or approve a balanced budget for the
Fiscal Year beginning October 1, 1997.
2. Agreement to be Bound. The Distriet agrees ta be bauRd by aad ta use its affiees aad
best efferts ta implemeRt this agreemeRt.
SECTION IV. SUBMISSION OF LEGISLATION & FEDERALLY ASSUMED
FUNCTIONS
As Chair of the President's District of Columbia Task Force, the Director of the Office of
Management and Budget intends to recommend the submission of legislation to the Congress
that is consistent with the National Capital Revitalization and Self Government Improvement
Plan (the "Plan") announced by the President on January 14, 1997.
Once implemented, the Plan will provide the District substantial relief from its operating
expenditures, relief which will grow over time. It will also invest considerable resources to
improve the District's criminal justice systems and capital infrastructure. If this legislation is
enacted, the Federal government will undertake the functions described below. The Federal
government will not undertake a function until the District government meets the conditions for
that function, described in Section V.
1. Medicaid. The Federal government will increase its share of the District's Medicaid
payments to 70 percent, thereby reducing the District's share to 30 percent. The
Department of Health and Human Services will continue to provide more intensive
5
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program.
2. Pensions. The Federal government will take financial and administrative
responsibility for virtually all pension benefits accrued under the plans for all active
and retired police and firefighters, and teachers, and will take full responsibility for
the pensions of judges. The bulk of the assets of the retirement plans will be
transferred to the Federal government and placed with a third party Trustee chosen by the
Secretary of the Treasury. A significant amount of assets will be left with the District of
Columbia to fund the benefits of participants in the District's plans and to rednce the
District's annual contribution. The Trustee will invest funds, manage the existing
plans, and make payments on behalf of beneficiaries. The Federal government will
pledge its full faith and credit to meet its responsibilities to pay these benefits. Current
retirees will have all their benefits paid by the Federal government. Retirement, death,
and some disability benefits payable by the Federal government to current employees will
be based on service earned as of the date the legislation is introduced. While the Federal
government will not be responsible for benefits earned during future years of service by
members of the current retirement programs (other than judges), these members will get
the benefit of pay increases on the frozen benefits. Frozen benefits will continue to be
subject to cost-of-living adjustments under the terms of the existing programs. All future
employee contributions (except for judges) will be paid into the new plans.
3. Treasury Loans to Eliminate the Deficit. The United States Treasury will provide loans
of up to IS-year terms to assist the District to eliminate its accumulated fund balance
deficit and to manage its liquidity position. The combined amount of the Treasury loans
may not exceed $500 million. The Treasury loans will have an interest rate equal to the
prevailing yield on outstanding Treasury marketable securities of comparable maturity
plus 1I8th of one percent. The Treasury may also provide intra-year loans for the
purposes of seasonal cash-flow management.
4. Criminal Justice. The Federal and District governments will develop and
implement a transition plan which transfers responsibility over a three-to-five-year
period for incarcerating felons. The Federal Bureau of Prisons (BOP) will house
adult felons convicted of D.C. Code violations and designated in the same manner as
Federal inmates in correctional institutions operated or contracted by the BOP.
This will occur after BOP's capacity has been increased through new construction
at Lorton and other locations selected by BOP, and through renovation of existing
facilities at Lorton, Virginia. After October 1, 2001, the BOP will also designate to
Federal correctional institutions sentenced D.C. felons in the custody of the D.C.
Department of Corrections, as the Director of BOP deems appropriate, in
accordance with available capacity, until they have all been designated to Federal
institutions. The BOP will accept employment applications from persons currently
employed by the D.C. Department of Corrections for existing BOP vacancies, and
will process such applications in accordance with existing Federal procedures and
standards.
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Council, and the Chair of the D.C. Financial Responsibility and Management
Assistance Authority, a Trustee to oversee operations of the D.C. Department of
Corrections until the BOP assumes responsibility for all incarcerated District felons.
The Federal and District governments will develop and implement a framework for
changes to the D.C. sentencing system, including the abolition of parole, institution of
detenninate guideline sentencing and the enactment of the new mandatory minimum drug
sentences, which are a prerequisite for the Federal government accepting responsibility
for the incarceration of felons convicted of D.C. Code violations. The sentencing system
will be enacted within 24 months, or the Federal government will not be required to
obligate any funds appropriated for the purpose of incarcerating D.C. Code felons and
will have no responsibility for housing such persons.
Consulting with representatives of the Federal and District judiciary, the Federal
and District governments will also develop and implement a transition plan
transferring responsibility for D.C. Code violation offender pretrial, public defender,
parole, probation, and post-adjudication/post-conviction adult offender supervision
from the District government to the Federal government over a three-to-five-year
period. The United States Parole Commission will continue to assume
responsibility for all D.C. felons housed in Federal Correctional Institutions who
have sentences subject to provisions of parole.
The Federal government will take direct responsibility (in consultation with the
D.C. judiciary) for funding the D.C. court system and related services (including
plans relating to retirement benefits and other personnel matters), and establishing
an independent budgetary, financial oversight, and administrative support system for the
D.C. courts. The Courts will remain self-managed, and District involvement in the
selection and review of D.C. judges will not be diminished.
5. Economic Development. The Federal government will assist the economic development
of the District of Columbia in three ways:
First, a new economic development corporation (EDC) will.be established as a public
authority of the District of Columbia, with the mission of revitalizing the nation's capital
city and benefitting the District's residents and businesses. The EDC will be governed
by .a board of directors consisting of nine voting members. S* Five of the board
members will be appointed by the President in consultation with the Congress. Of those
s* tive, four will be selected from the for-profit business community, and !we one will
be selected from a community-based organizations. One of the board members will be
appointed by the Mayor with the advice and consent of the Council. from the for-profit
business community or from a community-based organization. All six of the appointed
board members will be persons who either maintain a primary residence or have a
primary place of business in the District. The remaining three board members will be ex
officio members, one chosen by the President from the Federal government, a second
who will be the Mayor or such altel11atives as the Mavor mav from time to time designate
7
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representative. efteSeH by the MIl)'er from the Distriet ge't'emmeHt, IHld a third eheseH by
the CeuHeil from the Distriet gevemmeHt. The EDC will be run by a Chief Executive
Officer and served by a professional staff. The EDC will receive an initial capitalization
of Federal funds.
The EDC will evaluate existing economic development plans and will give expedited
consideration to applications for financial assistance for projects contemplated by existing
plans that the EDC adopts. The EDC will establish a comprehensive strategic plan for
economic development and will consult with the rest of the District government in doing
so. The EDC will provide financial assistance for economic development projects,
directly or in participation with other sources of financing, by making loans, equity
investments, and grants, but not guarantees; by leasing or conveying land; by allocating
tax credits for qualified equity investments and loans; by issuing tax-exempt private
activity bonds for certified qualified projects; and by issuing project revenue obligations
for any economic development project that it approves. All EDC projects will be
required to comply with applicable Federal and District law. The EDC will have the
pewer limited powers to acquire property through condemnation by eminent domain in
the name of the District of Columbia and furtherance of its statutory objectives.
Second, the Federal government will provide $250 million in tax incentives to encourage
business investment both downtown and in distressed communities, and to help
businesses increase employment of residents of the District. There will be a new 40
percent tax credit on the first $10,000 of eligible wages in the first year of employment
for employers in the District that hire certain residents of the District. Businesses that
have a significant portion of their activities in higher poverty areas of the District and that
have a work force at least 35 percent of which is made up of District residents will be
eligible for expensing (rather than capitalizing) an additional $20,000 of business
equipment and machinery acquired each year. The EDC will be authorized to issue
tax-exempt private activity bonds to finance a broader range of business property than
under existing District law if the business is located in a higher poverty area of the
District and has a work force at least 35 percent of which is made up of District residents.
The EDC will be authorized to allocate $95 million in tax credits for investors in, or
lenders to, District businesses for up to 25 percent of the amount invested or loaned.
Third, the District govemment's borrowing authority will be improved by removing
impediments in its borrowing statutes so that the District government will have the same
legal capacity to finance projects similar jurisdictions have.
These provisions will be undertaken in a manner consistent with a legislative outline
being developed with the District.
6. Infrastructure. The Department of Transportation will assume responsibility for the
funding and oversight of certain National Highway System (NHS) capital projects
(including roads, bridges, and transit) and NHS operations and maintenance
projects (excluding police authority, National Park Service roads, and transit) in
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funded and the Secretary of Transportation will review the District's project
selections in accordance with Title 23 planning procedures. Contract
administration will be performed by the Federal Bighway Administration. In
addition, eligibility for Surface Transportation Program (STP) funds will be
expanded to include local public roads. To support NBS projects, the National
Capital Infrastructure Fund (NCIF) will be established in FY1998 with $108 million
for road, bridge, and transit capital projects. An additional $17 million will be
provided in FY1998-03 for NBS operations and maintenance. Federal-aid funds
for the District's NBS, Interstate Maintenance, and Bridge programs will be
transferred to the NCIF in FYI998-03. The Administration also proposes that the
NCIF be authorized to accept contributions from other sources.
I 7. Personal Income Tax Ceileetien Administratioll. At the request of, and at no cost to, the
District, the Internal Revenue Service will assume responsibility from the District of
Columbia for administering and/or enforcing D.C. individual income amI pa-),roll taxes.
This wO\:lls potentially inel\:lse the pfOeessing of those taxes pais by insivis\:lals, as well
as the payment of relates employment B:flS payroll taxes_ The District government will
maintain processing and collection responsibility for all other taxes.
Both during the drafting and upon enactment of the legislation to implement the Plan, the
parties to the MOU will review the legislation and confer on whether any revisions to the MOU
are necessary to ensure its consistency with the legislation.
SECTION V. DISTRICT CONDITIONS
The District government understands that it will be expected to undertake significant
actions as part of the National Capital Revitalization and Self-Government Improvement Plan
(the "Plan")_ This section sets out the actions that the District government agrees to take as a
condition ofthe Federal government actions under the legislation to carry out the Plan.
1. Medicaid. The District agrees to develop and implement plans satisfactory to the
Secretary of Health and Human Services to accomplish each of the following:
1.1. To develop an effective system for the identification and collection of amounts owed by
third parties for medical care and services furnished to individuals under the District's
Medicaid plan.
1.2. To ensure the timely audit and settlement of cost reports of institutional providers
(including hospitals, nursing facilities, and intermediate care facilities for the mentally
retarded) under the District's Medicaid plan, including prompt elimination of the backlog
of such audits and settlements. .
i.3. To develop and implement, directly or under contract, a comprehensive health care
management information system that will standardize data base development and
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system shall at a minimum have the capacity to accomplish the following functions:
1.3.1. To assist with eligibility verification;
l.3.2. To create utilization and financial profiles of providers;
1.3.3. To identify services (including preventive services) received by program beneficiaries;
1.3 A. To monitor the claims processing and other Medicaid operations of the fiscal agent;
1.3.5. To monitor the quality of care provided under managed care contracts; and
l.3.6. To coordinate information management with respect to the District's Medicaid program
and other public health programs and functions.
104. To develop a comprehensive behavioral managed health care system, which combines
substance abuse and mental health grant programs. Development of such a plan shall
include a pilot project for better evaluation of in-patient acute psychiatric patient
admissions, and the purchase of a comprehensive, risk-based system for managed care of
behavioral health which covers all eligible populations and services.
2. Pensions. The District Government agrees: (see Appendix One for definitions)
2.1. To establish a Replacement Plan for the current Retirement Program
2.l.l. The Replacement Plan will cover all existing and new employees (except for judges) who
are, or would be, covered by the Retirement Program, if the Retirement Program
continued unchanged, and will be established by the date specified in legislation.
2.l.2. To the extent required by current law, the Replacement Plan will be established through
collective bargaining.
2.l.3. After the Adoption Date, the Replacement Plan may not be amended in any manner that
materially increases the cost of the Replacement Plan without provision of a mechanism
for funding such increases, in accordance with Section 2.2.
2.2 That the Replacement Plan will use appropriate funding methods and costs that do not
exceed the sum available in the District of Columbia Budget and Financial Plan.
2.2.1. The cost of any defined benefit plan will be determined in accordance with the
measurement standards of Governmental Accounting Standards Board Statement No. 27
(GASB 27), with the following additional restrictions:
2.2.1.1. funding methods will be limited to entry age or frozen entry age; and
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years on a closed basis.
2.2.2. The cost of any defined contribution plan is the employer contribution required under the
provisions of the plan.
2.2.3. All costs of the Replacement Plan must be reflected in the D.C. Budget and Financial
Plan in accordance with the standards described above.
2.2.4. All costs of the Replacement Plan must be paid in accordance with the D.C. Code 1981,
Title 1, Chapter 7, subchapter III.
2.2.5. Contributions of all existing and new employees (except judges) will be paid into the
Replacement Plan.
2.3. To transfer copies of books and records of the Retirement Program and the Fund and to
be financially responsible for errors and omissions, including all necessary records of
individual employees.
2.3.1. Copies of any books and records pertaining to the Retirement Program and the Fund
required by the Secretary of the Treasury or the Trustee must be made available to the
Secretary or Trustee within 30 days after the Secretary or Trustee requests them.
2.3.2. The District will reimburse the Trustee for all costs, including benefit payments, resulting
from errors or omissions in the books and records pertaining to the Fund.
2.4. To transfer assets from the Fund
2.4.1. Any and all assets of the Fund required to be transferred to the Trustee shall be
transferred on the Transfer Date in a form specified by the Trustee.
2.4.2. The District of Columbia Retirement Board will administer the retirement programs until
the Trustee assumes these responsibilities. The District government will reimburse the
Fund for any benefits paid out of the Fund between the Freeze Date and the transfer date
that exceed payments that would have been the responsibility of the Federal government
if the transfer had occurred simultaneously with the freeze.
2.4.3. A significant amount of assets will be left with the District of Columbia to fund the
I benefits of participants in the District's plans and to reduce its annual contribution.
3. Treasury Loans to Eliminate the Deficit. The District agrees that:
3.1. Any Treasury loan to eliminate the accumulated fund balance deficit would be for no
more than 15 years, with an interest rate equal to the prevailing yield on outstanding
Treasury marketable securities of comparable maturities plus 1/8 of one percent.
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deficit and to manage its liquidity position will not exceed the amount of $500 million,
except for intra-year loans.
3.3. The Secretary of the Treasury may require early reimbursement if the District can obtain
credit in the commercial market on reasonably [beneficia\] terms for refinancing as
determined by the Secretary.
3.4. Before any lending may occur, the District must provide a requisition for an advance
of funds and a promissory note to reimburse the Treasury for the Advance, in forms
satisfactory to the Secretary of the Treasury.
I 3.5. Before any lending may occur. the TreasUlY shall consider the impact of such lending on
the District's obligations to District bond and note holders.
3.6. Before any lending may occur, the Secretary of the Treasury must receive
certifications from the Financial Responsibility and Management Assistance
Authority and the District of Columbia Inspector General that there is an approved
Budget and Financial Plan in effect for the District for the Fiscal Year in which the
requisition is made, that the District is in compliance with the Authority-approved
Budget and Financial Plan, and that the borrowing and repayment of the loan is
consistent with the Authority-approved Budget and Financial Plan.
3.7. Before any lending can occur, the Secretary of the Treasury must receive
certifications from the District government and the Financial Responsibility and
Management Assistance Authority that the District is unable to obtain enough credit
elsewhere to meet the District government's need for fmancing.
3.8. The Federal government will work with the District government to amend its general
obligation debt limit provisions in order to allow implementation of the District's capital
plan in an orderly and sustainable manner.
4. Criminal Justice. This subsection of the Memorandum of Understanding (MOU)
between the Federal government and the District of Columbia government (D.G) outlines the
offer of the Federal government, conditioned wholly on appropriations and D.G's acceptance and
satisfaction of all other conditions and predicates identified and described herein, to assist D.G by
assuming responsibility for certain traditionally State responsibilities and the conditions that D.G
must agree to and fulfill should it choose to accept that offer as it relates to criminal justice
functions, including, but not limited to, certain defendant and offender services, corrections and
the judiciary. The MOU sets forth the expectations and responsibilities relating to proposed
changes and reforms in the D.G criminal justice and judicial system and the procedures
(including new statutory and regulatory provisions) the Federal government and D.G will use to
implement the MOU. In particular, the MOU is designed to:
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of parole, institution of determinate guideline sentencing and the enactment of the new
mandatory minimum drug sentences, which are a prerequisite for the Federal government
accepting responsibility for the incarceration of felons convicted of D.C. Code violations.
4.ii. ensure that such sentencing system is to be enacted within 24 months after funding has
been provided, or the Federal government will not be required to obligate any funds
appropriated for the purpose of incarcerating D.C. Code felons and will have no
responsibility for housing such persons.
4.iii. ensure an appropriate transfer and transition of responsibility from D.C. to the Federal
government for pretrial, public defender, parole, probation, and post-conviction
supervision and services for adult D.C. Code defendants and offenders.
4.iv. ensure an appropriate transfer of responsibility from D.C. to the Federal government for
the incarceration of sentenced felons convicted of D.C. Code violations, assuming
sufficient resources are provided by Congress to develop necessary bed space to
accommodate the resulting increase in the Federal Bureau of Prisons (BOP) population
and D.C. Code violators are designated in the same manner as Federal inmates.
4.v. provide the basis for establishing an independent budgetary, financial oversight, and
administrative support system for the D.C. courts.
4.vi. define the respective roles of the D.C. and Federal Governments in relation to lawsuits
and resulting liability, as they may be affected by the reforms agreed to in this MOU.
4.vii. ensure the development by D.C. and the Federal Governments of transition plans
4.vii.a. (in consultation with the Federal and D.C. judiciaries) for transferring
responsibility for pretrial, public defender, parole, probation, and
post-conviction supervision and services for adult D.C. Code defendants
and offenders over a transition period of one to three years from the
enactment of the federal implementing legislation.
4.vii.b. for transferring responsibility for incarcerating sentenced felons convicted of D.C.
code violations over a period of approximately three to five years.
4.vii.c. (in consultation with the D.C. judiciary) for transferring responsibility for funding
the D.C. court system and related services, including plans relating to
retirement benefits and other personnel matters.
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Government.
4.1. Administration of District of Columbia Pretrial. Parole, Probation, and Post-Conviction
Offender Supervision, Housing:, and Public Defender Services
4.1.1. Federal Government Responsibilities
4.1.1.1. Mter consultation with the Mayor of D.C, representatives of the D.C Council,
the Chairman of the D.C Financial Responsibility and Management
Assistance Authority (Financial Authority), and members of the affected
Federal and D.C judiciaries, the Attorney General will select an Offender
Supervision, Defender and Courts Services Trustee to:
a) assure the smooth transition and continued operations of D.C's
Pretrial Services Agency and Public Defender Service;
b) implement an orderly shutdown of the D.C Board of Parole in
coordination with the U.S. Parole Commission and the Superior
Court for the District of Columbia;
c) establish and operate a new D.C Offender Supervision, Defender
and Courts Services Agency; and
d) accomplish, without disruption of services, the transfer of the adult
offender probation supervision functions of the D.C Courts Social
Services Division,
until the Federal government assumes responsibility for each of these
functions.
4.1.1.2. During the transition period, under the general auspices of the Trustee, the D.C
Pretrial Services Agency will continue uninterrupted to provide services
and support for both juvenile and adult D.C Code and Federal defendants
and offenders to the U.S. District Court for the District of Columbia, the
U.S. Court of Appeals for the District of Columbia, the Superior Court for
the District of Columbia, and the District of Columbia Court of Appeals.
The Director of Pretrial Services may employ such personnel as shall be
necessary pursuant to procedures and standards established by the Trustee
to facilitate transition to Federal status.
4.1.1.3. Following the transition period, the D.C Pretrial Services Agency and the
D.C Public Defender Service will be organizationally housed in a part of a
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Agency.
4.1.1.4. The D.C. Board of Parole will be terminated after the Trustee establishes a
transition agency with the capacity to provide adequate field supervision to
adult D.C. offenders on parole, probation or supervised release, and the
U.S. Parole Commission is capable of carrying out parole functions for
D.C. Code felony offenders. Subject to appropriations, the D.C. Board
of Parole's functions and jurisdiction vis a vis felon parolees will be
assumed by the U.S. Parole Commission. Similarly, its functions and
jurisdiction vis a vis misdemeanant parolees will be assumed by the D.C.
court system. Substantive D.C. law will continue to apply to parole
determinations for all D.C. Code offenders. The Distrid of Columbia
Superior Court Division of Social Services will continue to provide
supervision to D.C. Code juvenile offenders and will assume responsibility
for the supervision of misdemeanant parolees.
4.1.1.5. The Tmstee will aept employmeHt appliatioHs for He'll offeHder field
SHpeMSIOH POSitiOHS iH the traHsitioH ageHy from perSOHS mremly
employed by the D.c. OHrt system aHd the D.c. Board of Parole.
AppliatioHs 'llil! be proessed iH aOrdaHe ,....ith proedmes and
staHdards established by the Tmstee to failitate traHsitioH to sHbseqHem
Federal law eHforemeHt employmem iH the SHeSSOr OffeHder
,sHpervisioH, DefeHder aHd COHrts ,serviEes AgeHY. POSitiOHS will be
advertised prior to hiriHg.
4.1.1.5. The Trustee will accept employment applications f()[ new offender field
supervision positions in the transition alrency from persons who are
currently employed by the District of Columbia Board of Parole or in
offender supervision-related capacities by the District of Columbia Court
System. Oualified, experienced personnel will be essential to an efiective,
timely transition and will receive priority consideration. Applications will
be processed in accordance with procedures and standards established by
the Trustee to facilitate transition to subsequent Federal law enforcement
employment in the successor Offender Supervision, Defender, and COllrts
Services Agency. Positions will be advel1ised ~?lior to hiring to assure
notice to all interested D.C. agency personnel.
4.1.1.6. During the transition period, the Federal government will transfer funds for the
Pretrial Services Agency, the Public Defender Service and the supervision
of D.C. offenders to the Trustee. The head of any Federal department or
agency may provide the services of any personnel on a reimbursable basis
to the Trusteeship to assist in carrying out the Trustee's duties.
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Defender Service will continue uninterrupted to provide services to D.C.
Code defendants and the D.C. court system. The Director of the Public
Defender Service may employ such personnel as shall be necessary
pursuant to procedures and standards established by the Trustee to facilitate
transition to Federal status.
4.1.1.8. During the transition period, the employees of and funds allocated to the Trustee
and the agencies for which the Trustee is responsible shall not be counted
against the personnel and budget ceilings imposed on D.C. by the
Financial Authority or Congress.
4.1.1.9. The U.S. Marshals Service (USMS) will contract with D.C., at a mutually
agreeable rate, to obtain space not needed by D.C. at D.C.'s Correctional
Treatment Facility (CTF), to house persons in the custody of the USMS
for whom the USMS requires bed space in the D.C. area.
4.1.1.10. Subject to appropriations, the Federal government will provide funds to
support the D.C. Board of Parole functions during the one to three year
transition period culminating in the termination of the D.C. Board of
Parole.
4.1.2 District of Columbia Responsibilities
4.1.2.1. The District of Columbia will maintain responsibility for all D.C. Code juvenile
offenders not prosecuted as adults.
4.1.2.2. The District of Columbia will have responsibility for housing and supervISIng
persons charged with and/or convicted of misdemeanor violations in the
Superior Court for the District of Columbia, both before and after
sentencing.
4.1.2.3. The District of Columbia will continue to house persons charged with felonies
under the D.C. Code and persons convicted of felonies under the D.C.
Code but not yet sentenced, in the Superior Court for the District of
Columbia. To the extent beds are available, D.C. will continue to
house persons charged with felonies under the U.S. Code, and persons
convicted of felonies under the U.S. Code but not yet sentenced in the
U.S. District Court. D.C. will continue to receive reimbursement, at a
mutually negotiated rate, from the Federal government for the costs of
housing such persons. "House" and "housing" include subsistence,
transportation of persons to and from court appearances, revocation
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records.
4.1.2.4. The District of Columbia will continue to house persons sentenced by the
Superior Court and detained pending a hearing for revocation of parole,
probation, or supervised release, and will provide suitable facilities for such
hearings. To the extent beds are available, D.C. will house persons
sentenced by the U.S. District Court and detained pending a hearing for
revocation of parole, probation, or supervised release, will provide suitable
facilities for such hearings, and will continue to receive reimbursement by
the Federal government at a mutually negotiated rate for the costs of
housing such persons and for providing such facilities. "House" and
"housing" include subsistence, transportation of persons to and from court
appearances, revocation hearings, and medical facilities, and the
maintenance of necessary prisoner records.
4.1.2.5. The Trustee will be an independent officer of the D.C. Government and can be
removed by the Mayor only with the concurrence of the Attorney General.
The Attorney General has authority to remove the Trustee only for
misfeasance or malfeasance in office.
4.1.2.6. The Trustee will propose funding requests for offender supervision and services
for inclusion in the President's budget for each Fiscal Year of the transition.
4.1.2.7. The Trustee will allocate funds for offender supervision (including adult felon
parole and probation) in D.C., including funds for short term
improvements, equipment contracts, and salary increases necessary to retain
key personnel, maintain and enhance current levels of service, including
offender drug testing, and provide for the safety and security of the
community.
4.1.2.8. Upon receipt of funds identified by Congress or other entities for Pretrial Services,
the Trustee will immediately transfer such funds to the Pretrial Services
Agency.
4.1.2.9. Upon receipt of funds identified by Congress or other entities for the D.c.
Public
Defender Service, the Trustee will immediately transfer such funds to the
Public Defender Service.
4.1.2.10. Effectively immediately and in view of the responsibility to be undertaken
by the U.S. Parole Commission to carry out the functions of the D.C.
Board of Parole pursuant to the parole laws and regulations of D.C., the
D.C. Council will not enact legislation that changes or modifies parole
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concurrence of the Attorney General. D.C. will immediately take steps to
modify parole as applicable to misdemeanants to provide for D.C. court
supervision of D.C. misdemeanant parolees and the elimination of the
D.C. Board of Parole. Following tHe assumption by tHe U.S. Parole
Commission of tHe fl:lnctions of tHe D.G. Board of Parole, tHe D.G.
Council will cede to Congress tHe sole alitHority to legislate cHanges to tHe
D.G. Code pertaining to tHe parole of D.G. felony offenders.
4.1.2.11. It is expected that the transition period for these offender, defender and
court services will end no sooner than one year but not later than three
years after the enactment of the related legislation.
4.1.2.12. The D.C. Corporation Counsel will provide representation for the Trustee
and Trustee supervised agencies. (see litigation and liability section)
4.2. Administration of District of Columbia and Federal Prisons
4.2.1. Federal Government Responsibilities
4.2.1.1. The Federal government will take administrative control of the nine parcels of
land, collectively located at or in the vicinity of Lorton, Virginia (lithe
Lorton property"), and other appropriate sites. After the BOP's capacity
has been increased through renovation of existing facilities and new
construction at the corrections complex in Lorton and other locations
selected by BOP, BOP will house felons who were convicted of D.C.
Code violations and sentenced to terms of imprisonment. (A recently
completed Congressionally mandated study of the D.C. Department of
Corrections revealed that most of the institutions at Lorton have exceeded
their useful lifespan and need major renovations or demolition.)
4.2.1.2. BOP will conduct a thorough preliminary assessment of the Lorton property
to determine its environmental condition, including a study of the
contamination on the property and an estimation of the costs
associated with bringing the property into compliance with
environmental and other applicable regulations. Based on
preliminary information gathered pursuant to a review of the
environmental conditions of a portion of the Lorton property, BOP
could begin planning for renovation and construction immediately;
actual physical renovations would not begin until Fiscal Year 1998.
The estimated date for the completion of the preliminary
environmental assessment process is March 21, 1998.
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D.C. as necessary to provide an appropriate transition for inmates
who are nearing release from Federal prisons, including those
convicted of D.C. Code violations. BOP intends to use existing
community corrections centers in D.C. to the extent practicable and
will work with D.C. officials to identify prospective sites, as needed to
establish new community corrections facilities.
4.2.1.4. D.C. Code offenders will be housed together with Federal offenders in
facilities operated by BOP in Lorton, Virginia and elsewhere. Every
effort will be made to house D.C. felons at facilities as close to D.C. as
permitted by inmate program and security needs and BOP population
management requirements. D.C. felons will be designated in the
same manner as Federal inmates, and ordinarily initially assigned to
institutions located within a 500-mile radius of their release residence.
BOP anticipates that many of the initial designations for D.C.
offenders will be within a significantly closer radius. BOP also will
work with D.C. officials to identify sites for possible Federal
correctional facility construction within D.C.
4.2.1.5. During the transition period, based upon assurances from D.C. that
felons convicted of violating the D.C. Code will, in the future, receive
sentences similar to those received by comparable offenders convicted
of comparable Federal offenses, BOP will house those sentenced D.C.
felons in the custody of the D.C. Department of Corrections as the
Director of the BOP deems appropriate in accordance with available
capacity. If such a new structure for sentencing under the D.C. Code
is in place as of October 1, 2001, BOP will accept D.C. felons
sentenced under the new sentencing structure in accordance with the
capacity of BOP. By October 1, 2002, and assuming fulfillment of all
requisite conditions, BOP will have assumed responsibility for
incarcerating all sentenced D.C. felons.
4.2.1.6. BOP will accept employment applications from persons currently
employed by the D.C. Department of Corrections for BOP vacancies
and will make hiring selections in accordance with existing Federal
procedures and standards. Qualified, experienced personnel will
receive priority consideration. Positions for new BOP facilities will
be advertised prior to hiring to assure notice to all interested D.C.
agency pCl"sonnel.
4.2.1.7. After consultation with the Mayor, representatives of the D.C.
Council, the Chair of the Financial Authority, members of the
judiciary and others, the Attorney General will select a Corrections
Trustee to oversee expenditures of the D.C. Department of
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assumes responsibility for all incarcerated sentenced D.C. felons.
4.2.1.8. To the extent authorized by law, the Federal government will provide
funds for the incarceration of sentenced D.C. felons through the
Trustee to the D.C. Department of Corrections. The head of any
Federal department or agency may provide on a reimbursable basis
the services of any personnel to the Trustee to assist in carrying out
the Trustee's duties.
4.2.1.9. Of the Federal funds received by the Trustee, the Trustee will
reimburse BOP for those funds identified by Congress to be used for
the construction of new facilities and the major renovation of existing
facilities. BOP will be responsible and accountable for determining
how these funds will be used, including the type, security level, and
location of new facilities.
4.2.1.10. During the transition period, the employees of and appropriations
allocated to the Trustee and the agencies for which the Trustee is
responsible shall not be scored or counted against the personnel and
budget ceilings imposed on D.C. by the Financial Authority or
Congress.
4.2.2. District of Columbia Responsibilities
4.2.2.1. Offenders convicted of D.C. Code violations will be sentenced
pursuant to a new D.C. sentencing system, described below. BOP
shall not be required to obligate any funds appropriated for the
absorption of D.C. Code felons into the Federal prison system and will
have no responsibility to house any persons convicted of felony
offenses, if the new sentencing system is not enacted within 24 months
ofthe authorizing legislation's enactment.
4.2.2.2. D.C. will continue to house felons sentenced to terms of imprisonment
by the Superior Court for the District of Columbia until such persons
have been designated by BOP. To the extent beds are available, D.C.
will continue to house felons sentenced to terms of imprisonment by
the U.S. District Court until such persons have been designated by
BOP and will continue to receive reimbursement by the Federal
Government, at a mutually negotiated rate, for costs of housing
persons sentenced by the U.s. District Court.
4.2.2.3. The Trustee will be an independent officer of the D.C. government
and can be removed by the Mayor only with the concurrence of the
Attorney General. The Attorney General has authority to remove
the Trustee only for misfeasance or malfeasance in office.
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sentenced D.C. felons, for inclusion in the budget submitted by the
President to Congress for each Fiscal Year of the transition.
4.2.2.5. The Trustee will allocate funds to the D.C. Department of
Corrections, including such sums as may be appropriated for short
term improvements that are necessary for the safety and security of
staff, inmates, and the community.
4.2.2.6. The D.C. Department of Corrections will implement the short term
improvements in physical security identified in the "District of
Columbia Department of Corrections Short-Term Improvements Plan
(September, 1996)."
4.2.2.7. Upon receipt of Federal funds identified by Congress for constructing
new prisons and making major renovations to existing facilities for
the incarceration of D.C. felons, the Trustee will immediately
reimburse BOP for such funds.
4.2.2.8. The D.C. Corporation Counsel will provide representation for the
Trustee and Trustee supervised agencies. (see litigation and liability
section)
4.2.2.9. During the transition, D.C. will transfer custody and control of the
property at Lorton, Virginia to the Federal Government, though the
D.C. Department of Corrections may continue to house D.C. felons at
facilities located at Lorton until such time as BOP absorbs such
offenders into the Federal prison system.
4.3. Sentencing. The District of Columbia understands and agrees that the D.C. sentencing
system will be changed pursuant to proposed legislation in the following manner:
4.3.1. Congress .....il! amend (Ihe D.C. Code will be amended to abolish parole for all
persons convicted of D.C. felony offenses committed on or after three years from
the enactment of the Federal authorizing legislation.
I 4.3.2. Congress ....11! amend tIhe D:C. Code will be amended so that good time
calculations for all persons convicted of D.C. felony offenses committed on or after
three years from the enactment of the Federal authorizing legislation will be made
according to the Federal requirements.
4.3.3. Congress will establish a new D.C. Board of Criminal Sentences (the Board) as an
independent body within the D.C. Government. All persons convicted of D.C.
felonies committed on or after three years from the enactment of the Act will be
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and transmitted by the Board to the D.C. Council no later than 18 months after
enactment of the Federal authorizing legislation.
4.3.4. The Board will develop a sentencing system which shall include binding
guidelines and may include such amendments or repeals of provisions in the D.C.
Code relating to the maximum and minimum prison terms as are necessary to
accomplish the purposes of the Act. Ninety days after the Board promulgates
and transmits the sentencing system to the D.C. Council, the sentencing system, its
guidelines, amendments and repeals will become effective unless disapproved in its
entirety bv an Act of a majority of the Council. If disapproved by the CmmEil,
the system may be enaEted by Congress.
4.3.5. The promulgated sentencing system wiII supersede any inconsistent provision of
the D.C. Code.
4.3.6. Congress will repeal Eertain other provisions of the D.G. Code ....ill be to EOnfOrrn
with the ne".,' sentencing system (D.G. Code Title 24, Chapters 2 and 8),
inclliding the YOlith Rehabilitation Att. Provisions of the D.C. Code that do not
conform with the new sentencing system will be amended or repealed to confonn
with the new sentencin~ system.
I 4.3.7. Congress will amend D.C. Code Title 33, Section 541 will be amended to adopt
certain mandatory penalties necessary to further the Superior Court of the District
of Columbia's Drug Intervention Program and effective local law enforcement.
The new sentencing system will incorporate these mandatory penalties, thereby
excluding local narcotics offenses from the mandate that sentences be similar to
those that would be imposed upon comparable offenders in the Federal system.
4.3.8. The Board will not have the authority to provide for capital punishment under any
law applicable exclusively in D.C.
4.3.9. The Board will have seven voting members. AIl the members of the Board shall
have knowledge and responsibilities with respect to criminal justice matters. The
Attorney General (or the Attorney General's designee) will chair the Board. The
other members will include two judges of the Superior Court for the District of
Columbia and one representative each of the following entities: the D.C. Council,
the Executive Branch of the D.C. Government, the D.C. Public Defender Service,
and the U.S. Attorney for the District of Columbia. One representative each of
the D.C. Corporation Counsel and BOP will serve as non-voting, ex officio
members.
4.3.10. An affirmative vote of at least six Board members will be necessary to promulgate the
sentencing system.
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review other sentencing guideline system models, consult with sentencing reform
experts, and solicit written comments from the public.
4.3.12. If the Board fails to promulgate a sentencing system within 18 months, the Board will
terminate, and the Attorney General will develop a sentencing system to be
transmitted to the D.C. Council for approval. Ninety days after the Attorney
General transmits the sentencing system to the D.C. Council, the sentencing
system, its guidelines, amendments, and repeals will become effective, unless an
Act of the Council disapproves the system in its entirety aHd COHg~SS, iH rum,
does Hot approve it.
4.3.13. The Board will have the mandate to ensure that the sentencing system it establishes,
among other things:
4.3.13.1. will result in sentences for those convicted of D.C. felony offenses similar
to those that would be imposed upon comparable offenders convicted of
comparable offenses in the Federal system;
4.3.13.2. will result in sentences that reflect the seriousness of the offense and
provide for just punishment, afford adequate deterrence to potential future
criminal conduct of the offender and others, and provide the defendant
with needed educational or vocational training, medical care, and other
correctional treatment;
4.3.13.3. will provide certainty and fairness in meeting the purposes of sentencing,
avoiding unwarranted sentencing disparities among similar defendants,
while maintaining sufficient flexibility to permit individualized sentences;
4.3.13.4. will take into account the high volume of sentencing proceedings in the
D.C. Superior Court as bearing upon the degree of complexity of the
sentencing system; and
4.3.13.5. will ensure that the system is neutral as to the race, sex, marital status,
ethnic origin, religious affiliation, national origin, creed, socioeconomi~
status, and sexual orientation of offenders, if not related to the commission
of the offense.
4.3.14. As part of the sentencing system, the Board will develop binding guidelines for use in
determining the sentence to be imposed upon convicted felons. The guidelines
will specify:
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and the appropriate amount or length, thereof, as well as intermediate
sanctions;
4.3.14.2. when to impose a term of supervised release following imprisonment, and
the appropriate length, thereof; and
4.3.14.3. whether multiple sentences to terms of imprisonment should run
concurrently or consecutively.
4.3.15. NiRept days after promulgatioR of the seRteRciRg system, the Board will be termiRated.
There 'Nil! be established a successor, Federally fURded ageRCY to ameRd the
guideliRes as Recessary to achie'le the purposes of the Act The D.G. CouRcil
may recommeRd to CORgress ,....hether or Rot these ameRdmeRts should be
appro'led. Howe'rer, the ameRdmeRts will take effect as prescribed by the
successor ageRCY, uRless they are moditled or disapproved by CORgress. The
successor ageRcy will have RO powers to revise the D.G. Code but 'Nill
recommeRd chaRges to the Code as may be Recessary to further the purposes of
the Act.
Ninety davs after promulgation of the sentencing system, The Board shall
tenninate. There will be established a successor, federally-funded agencv. The
successor agencv shall be available to advise the Council regarding
sentencing-related matters but will have no powers to revise the D.C. Code. The
successor agency will recommend to the Council such changes to the D.C. Code
as mav be necessary to further the purpose of the Act. The D.C. Council will
continue to have authority to enact D.C. Code revisions independent of the
recommendations of the successor agency. The successor agencv also may
recommend to the D.C. Council amendments to the D.C. sentencing !-,uidelines as
necessary to achieve the purposes of the Act. Such amendments shall articulate
sentencing adjustments or new guidelines subject to maximum sentences or ranges
established bv the D.C. Council in D.C. Code. Guideline amendments that
pertain to established D.C. Code provisions will take eHect unless disapproved by
an Act of the Council that is in turn affinned by the Con!-,ress. Guideline
provisions related to proposed changes in the D.C. Code will only take effect
under this procedure if the Code ch'lllge is first ,ldopted by the Council.
4.3.16. The Superior Court for the District of Columbia, D.C. Department of Corrections, and
any other agency will submit information about convicted felons as required by
the Board and the U.S. Department of Justice. This would permit an assessment
of the extent to which sentences imposed by the Superior Court of the District of
Columbia are similar to those imposed for comparable offenders in the Federal
system. The results of this assessment would be used by the Board in developing
the new sentencing system for D.C.
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to determine the extent to which the sentencing system has succeeded In
accomplishing the goals set forth in the Ad.
4.4. Liability and Litigation Responsibility and Authority
4.4.1. Federal Government Responsibilities
4.4.1.1. The Federal government will be responsible for the defense of any claim arising
from any alleged ad or failure to ad on the part of the United States, its
agencies and personnel, in connection with pretrial, defender, offender
supervision, sentencing reform, corrections, probation and parole services,
and for any resulting liability, after responsibility for these services has
passed to the Federal government at the end of the transition period.
4.4.1.2. The Federal Government's assumption of responsibility for the defense of claims,
and any resulting liability, set forth in paragraph 4.4.1.1. above shall
include claims arising from any alleged ad or failure to act of BOP, its
agencies and personnel in connection with the demolition, repair,
renovation, or construction of any building, strudUre, or other
improvement of any kind at the Lorton, Virginia property.
4.4.1.3. At the discretion of the Attorney General, the Attorney General may dired any
litigation involving the Trustees appointed pursuant to sections 4.1.1.1. and
.I 4.2.1.6. 4.2.1.7. above, pretrial services, offender supervision services, or
sentencing reform during the transitional period, and may provide
litigation services for the Trustees and the agencies responsible for pretrial
services, offender supervision services, and sentencing reform during the
transitional period in lieu of representation by D.C. E*efCise of the
Attorney General's discrerion shall not change the terms of this agreement
and shall not otherwise enlarge the liability of the United States, its
agencies, or personnel. HO'ilever, D.C. The District may petition the
Attorney General to request reimbursement for litigation costs and liability
arising from actions of the Trustees.
4.4.2. District of Columbia Responsibilities and Liability
4.4.2.1. D.C. will be responsible for the defense of any claim that has arisen or may arise
from any ad or alleged failure to ad by D.C., its agencies or personnel, in
connection with D.C.'s pretrial, defender, offender supervision,
sentencing reform, corrections, or probation and parole services, and for
any resulting liability. D.C. will remain responsible for defending and
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the pertinent service has passed to the Federal Government. D.C. will
also be responsible for the defense of any claim arising from any activity of
D.C., its agencies or personnel as a result of any action agreed to in this
MOU, and for any resulting liability.
4.4.2.2.D.C. is, and will remain, responsible for the defense of any and all claims
described in paragraph 4.4.2.1. above, including the defense of claims
arising from any alleged act or failure to act of the Trustees (see sections
4.1.1.1. and 4.2.1.6. 4.1.2.7.). Except as othelwise in this MOU pfOv.jded
in paragmph 4.S.a. and in paragraph 4.U.) above, the D.C. Corporation
Counsel will provide litigation services as required to carry out this
responsibility.
4.4.2.3.Notwithstanding paragraph 4.4.2.2. above, the Trustees and the agencies
responsible for pretrial, defender, offender supervision services, and
sentencing reform may choose not to utilize the Corporation Counsel and
to engage other litigation services.
4.4.2.4.D.C. is responsible for petitioning the Attol11ey General to request reimbursement
for litigation and liability costs 3\;sin~ fi"Om actions of the Trustees. Such
a petition should include if appropriate documentation that such litigation
resulted from actions of the Trustees and/or the extent to which D.C.'s
liability may have been enlarged by actions of the Trustees.
4.5. District of Columbia Courts
4.5.1. Congress will make all necessary amendments to the D.C. Code will be amended and
other laws to terminate budgetary control and other involvement of the D.C. Government
in the finances and administration of the D.C. court system, including the Superior Court
of the District of Columbia and the District of Columbia Court of Appeals.
4.5.2. The Joint Committee on Judicial Administration of the D.C. courts will prepare and
submit the budget for the D.C. court system, in accordance with section l105(b) of Title
31 of the U.s.c. Prior to submission to Congress, the budget !()f the DC court system
shall be provided to the Mavor and the Council of the Distl;ct of Columbia in order thilt
the v may develop recommendations on the budget to the Office of Management and
Budget and the Con~ress. The budgetary requests of the D.C. courts system will not be
subject to revision by the D.C. Government or the Executive Branch of the Federal
Government.
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D.C. agencies, Federal agencies, and other public and private entities, for necessary
supplies, equipment, and services.
4.5.4. Expenditures of the D.C. court system will be paid out of funds appropriated for those
courts and credited to a Treasury account established for that purpose. Funds received
by the D.C. court system will not be part of the funds or budget of D.C.
4.5.5. District involvement in the selection and review of D.C. judges will not be diminished.
5. Economic Development. The District government will:
5.1. Implement timely and efficient zoning, permitting, and licensing processes by the end of
FYl997 1998.
5.2. Offer personnel resources and fully cooperate with the Economic Development
Corporation (EDC) in its review and evaluation of existing economic development
plans, in the development of the EDC's strategic plan, and in subsequent implementation
of the plan.
5.3. Give expedited consideration to the EDC's request for land transfers (including transfers
from the Redevelopment Land Agency), zoning adjustments (including variances and
special exceptions), and building and other permits and licenses for projects and activities
as requested by the EDC.
5.4. Support legislation that:
5.4.1. allocates to the EDC 50 percent of the applicable State ceiling on the authority of the
District government to issue private activity bonds in each calendar year after 1997 under
section 141 of the Internal Revenue Code, and that any portion of the ceiling allocated to
the EDe, but not identified for specific projects by the EDC within the calendar year
allocated, reverts back to the District;
1 5.4.2. authorizes the EDC to acquire property in furtherance of its statutorv objectives through
certain limited powers of condemnation by eminent domain in the name of the District of
Columbia; and
5.4.3. provides that all powers, rights, assets, duties, obligations, and liabilities of the EDC will
transfer to the District government upon the EDC's dissolution.
6. Infrastructure.
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(hereinafter in this section referred to as the Secretary) agrees that:
6.1.1. Beginning on October 1, 1997, the Secretary shall assume responsibility for the
funding and oversight of certain National Highway System (NHS) capital projects
that have been selected by the District of Columbia in accordance with 6.1.2 and
shall assume responsibilities for funding operations and maintenance costs related
to the NHS within the District of Columbia (exclusive of police authority and
exclusive of funding those NHS routes currently under the jurisdiction of the
National Park Service) with funds made available under the National Capital
Revitalization and Self-Government Improvement Act of 1997, to be referred to
henceforth in this section as the" Act."
6.1.2. The Secretary shall advance NHS projects through the Federal Highway
Administration (FHWA) in consultation with the District of Columbia. Projects
will be selected by the District of Columbia in accordance with the requirements of
Title 23, United States Code, and in particular, the planning requirements of 23
U.S.c. 134 and 135. The Secretary shall fully exercise his current authorities under
Title 23 to oversee, approve, and modify these plans and project selections. In
reviewing the plans, the Secretary shall consider the District of Columbia Needs
Assessment and Strategic Action and Investment Program currently being
developed by the FHWA in cooperation with the District of Columbia Department
of Public Works. The FHWA shall provide the District of Columbia with technical
assistance to improve the planning process.
6.1.3. The Secretary, through the FHWA and in consultation with the District of
Columbia, shall award and manage the contracts necessary to advance the NHS
projects selected in accordance with sections 6.1.2 and 6.1.4.
6.1.4. Beginning on October 1, 1997, the District of Columbia shall continue to advance
those NHS projects approved prior to that date that are not under construction or
under a contract for such construction by October 1, 1997, unless the FHWA and
the District of Columbia agree to vest responsibility for such project advancement
with the FHWA. Such projects that are transferred under this section shall also be
governed by the requirements contained in section 6.2.5.
6.1.5. The Secretary, in response to a request by the District of Columbia, may transfer
National Capital Infrastructure Funds authorized under the Act and available for
capital expenditures and NHS apportioned funds authorized to be transferred
under the Act to other Federal-aid highway funding categories, consistent with Title
23, United States Code provisions governing the transfer of NHS funds. In
addition, the Secretary must certify that performance measures related to the
condition of and congestion on the NHS and any other performance measures,
including safety, that may be established by the Secretary of Transportation are
met before such transfers may occur.
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Act shall be administered by FHW A. From time to time as work progresses on a
project, payments shall be made by FHW A for the costs of construction, operations,
maintenance, and other eligible activities under this Act in accordance with
applicable procedures under Title 23, United States Code, or as established by the
Secretary.
6.1.7. For fiscal year 1998, $108 million shall be authorized to be appropriated to the
National Capital Infrastructure Fund (NCIF) which shall be used for construction,
reconstruction, and rehabilitation of the NHS in accordance with 23 U.S.C. 103 ( i ),
including transit capital projects eligible for funding under section 103 (i).
6.1.8. In each of the fiscal years 1998 through 2003, the Secretary shall retain and deposit
into the NCIF:
(a) 100 percent ofthe District of Columbia's apportionment for the NHS;
(b) 100 percent of the apportionments for Interstate Maintenance; and
(c) 75 percent of the apportionment for the Highway Bridge and Replacement
for use consistent with 23 U.S.C. 103 ( i ).
6.1.9. In each of the fiscal years 1998 through 2003, $17 million shall be authorized to be
appropriated to fund operations and maintenance of the NHS within the District of
Columbia, exclusive of those NHS routes under the jurisdiction and control of the
National Park Service.
6.1.10. The Secretary shall be responsible for funding those operations and maintenance
activities and costs to the extent funds are appropriated in accordance with 6.1.9,
excluding police services (except for those construction zone, incident management
and other police activities that are eligible for Federal-aid highway reimbursement
under Title 23, United States Code) associated with the management and operations
of NHS highways including the following activities: routine maintenance of
roadways and rights-of-way, road repair, snow removal, lighting, signage, and those
utilities necessary for the NHS operations. Operating expenses for any transit
activities shall not be eligible for funding under this Act.
6.1.11. The Secretary shall continue to provide oversight and technical assistance to the
District of Columbia for all Federal-aid projects that remain the responsibility of
the District of Columbia.
6.1.12. The Secretary, through the FHWA, will enter into any agreements or contracts with
any entity to advance, construct, reconstruct, rehabilitate, repair, maintain, or
operate the NHS
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jurisdiction and control of the National Park Service, consistent with 23 U.S.C. 103 ( i
).
6.1.13. The Secretary shall encourage the hiring of local labor by contractors awarded
contracts including welfare to work labor, on NBS projects fmanced under this Act
to the maximum extent possible and consistent with federal law.
6.1.14. Unless reauthorized by Congress on, or prior to, September 30, 2003, the Secretary
of Transportation's new responsibilities under this Act, other than the oversight of
projects for which funding has been previously received through this Act, would
cease and no new deposits of Federal funds would be made into the National Capital
Infrastructure Fund after September 30, 2003.
6.1.15. The Secretary shall provide the District of Columbia with the technical assistance
necessary to reassume its NBS responsibilities by September 30, 2003. The April
1996 fmdings of FBW A's review of the organizational capacity of the District of
Columbia's Department of Public Works shall guide the assistance.
6.2. District of Columbia Responsibilities. The District of Columbia agrees that:
6.2.1. The District of Columbia shall retain its current responsibilities under Title 23,
United States Code, for NBS project selection.
6.2.2. The District of Columbia shall continue to be responsible for proyiding police
services on NBS highways (including, but not limited to civil police functions, crime
prevention, investigations including traffic and accident investigation, and
emergency traffic direction). The District shall continue to own the right-of-way of
NBS highways that are located within the District of Columbia.
6.2.3. The District of Columbia will continue to be responsible for all utilities and utility
work that are not necessary for operation of the NBS even if such utilities are
located within the right-of-way of the NBS.
6.2.4. The District of Columbia shall continue to be responsible for non-NBS projects
funded with Federal-aid highway funds. Surface Transportation Program (STP)
funds will be made available to the District of Columbia for use on local streets,
highways, and roadways (except alleys). This authority does not relieve the
District of Columbia of the responsibility for the non-Federal matching share for
STP funds. The use of other Federal-aid highway apportioned funds by the
District of Columbia, other than as provided herein, also requires
a non-Federal matching share.
6.2.5. Beginning on October 1, 1997, the District of Columbia is relieved of the
responsibility to provide the non-Federal match for NBS projects that are funded
by the Secretary with monies made available through the NCIF for NBS projects
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those projects that were approved by FUWA prior to October 1, 1997 for which
Federal-aid highway funds have been obligated. The District of Columbia is
responsible for providing the non-Federal match, the Federal-aid funds, and any
obligation authority for any such projects transferred to the Secretary for project
administration, oversight, or contracting.
6.2.6. The District of Columbia shall continue to be responsible for any liability incurred
on the basis of the activities of the District of Columbia, its agencies, or personnel as
a result of any acts or omissions in carrying out this Act. The United States, its
agencies, and personnel will not. incur any liability for any such acts or omissions.
6.2.7. The District of Columbia shall cooperate with the FHWA in its technical assistance
efforts in order to assure that the District of Columbia can reassume its NUS
responsibilities by September 30, 2003. The goal of the effort shall be to satisfy the
April 1996 fmdings of FUWA's review of the organizational capacity of the District
of Columbia's Department of Public Works.
7. Personal Income Tax Administration The District agrees that:
7.1. CeAeral
7.1. The District and the Executive Branch will agree to develop a mutually acceptable
legislative proposal consistent with the intent of Section IV7. The IRS shall admiAister
aAdjOf eAfOfce the District's iflEHvidHal iAcome aAd employrnem taxes.
7.1.2. The District shall cOAtiAHe to admiAister its HAemployrnem beAefits pfOgfam.
7.2. Tax Codes
7.2.1. The IRS will admiAister the District's eXlstmg iAdividHal iAcome aAd employrneAt tax
la'll'S. The oAly provisioA the IRS caAAot admiAister is the DisHict's refuAdable property
tal. Cfedit. If the District wishes to retaiA this proy-iSiOA, it mHst be tfaAsfeffed to its real
estate tax admiAistfatioA.
7.2.2. AM of the admiAistfative, pfOcedl.ifal, aAd eAfOfcemem provisioflS of the Imemal ReveAHe
Code of 1986 aAd related statHtes v.~1I govern IRS admiAistfatioA of DisHict taxes. The
District '1I~1I ha'/e to ameAd its OWA tax code to achieve this to the satisfactioA of the
SeCfetaI)' of the TreasHI)'.
7.2.d. To avoid the possibility of aAr iAcoAsistem imerpretatioAs of similar PfOVISIOAS, the
District 'I\~ll have to ameAd its defiAitioAa! prm
---------------------- Forwarded by Scott Quehl/OMB/EOP on 05/02/97 08:18
PM ---------------------------
Scott Quehl
05/02/97 07:58:50 PM
Record Type: Record
To: Ingrid M. Schroeder/OMB/EOP
cc: See the distribution list at the bottom of this message
Subject: DC MOU FINAL DRAFT
The attached draft reflects final changes, and is being recirculated to
the agencies for comment by 11:00am Monday. The previous draft represents
most, but not all, of the changes based on discussions with the Council.
Please call me if you have any questions (x59128).
Scott
Message Copied
To:
Mic~h-a-e~1~D~e-i~c~h-/70~M~B~/=E=O=P----------------------------------------------
Daniel M. Tangherlini/OMB/EOP
Carol Thompson-Cole/OMB/EOP
G. E. DeSeve/OMB/EOP
Lewis P. Long/OMB/EOP
Ellen S. Seidman/OPD/EOP
James J. Jukes/OMB/EOP
M. Jill Gibbons/OMB/EOP
Unable to convert ARMS_EXT: [ATTACH.D4]MAIL460437124.116 to ASCII,
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Automated Records Management System
MEMORANDUM OF UNDERSTANDING BETWEEN:
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THE DISTRICT OF COLUMBIA
Marion Barry, Jr., Mayor
Charlene Drew Jarvis, Council Chairperson Pro Tempore
Pursuant to Council Resolution 12-XXX, the Memorandum of Understanding on the President's
National Capital Revitalization and Self-Government Improvement Plan Emergencv Resolution
of 1997."
DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY AND MANAGEMENT
ASSISTANCE AUTHORITY
Andrew Brimmer, Chairman
OFFICE OF MANAGEMENT AND BUDGET, EXECUTIVE OFFICE OF THE
PRESIDENT
Franklin D. Raines
Chair, President's District of Columbia Task Force
Dated: _ _ _ _ _ _ __
SECTION I.
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PURPOSE
The parties respect the Home Rule Charter as the fundamental basis for governance in the
District. The purpose of this memorandum is to strengthen Home Rule and to agree to work
toward the revitalization of the District of Columbia. By providing for additional District
government functions. the Federal government will enable the District to focus its resources on
the functions that remain. In some cases. however, this memorandum provides for Federal
assumption of not only funding lor certain government functions. but Federal assumption of
management of those functions as well. While this is appropriate in limited circumstances. the
parties generallv favor the principle of local management over District government functions,
regardless of the source of funding for those programs.
This memorandum is intended only to improve the management of, and the relationship between,
the District of Columbia and the Federal government, and is not intended to and does not create
any right, benefit, trust or responsibility, substantive or procedural, enforceable at law or equity
by a party against the United States or the District of Columbia, its agencies, its officers, or any
person.
SECTION II. PUBLIC LAW 104-8, "THE DISTRICT OF COLUMBIA FINANCIAL
RESPONSIBILITY AND MANAGEMENT ASSISTANCE ACT OF
1995"
The parties recognize the Qrovisions of effeetivefl:ess of PL 104-8 and dedicate themselves to the
cooperative implementation of thcse its provisions. Among these provisiofl:s are:
Finance.
For each Fiscal Year for which the District is in a control period, the Mayor shall develop
and submit to the Financial Responsibility and Management Assistance Authority (the
"Authority") and District Council a Budget and Financial Plan for the applicable Fiscal
Year and the next three Fiscal Years.
Expenditures for the District government for each Fiscal Year, beginning in FY1999, may
not exceed revenues for that Fiscal Year.
During Fiscal Years 1996, 1997, and 1998, the District government shall make
continuous, substantial progress toward equalizing its expenditures and revenues.
The District may not borrow money during a control year unless the Authority provides
prior certification that the borrowing is consistent with the financial plan and budget for
the year.
For the Secretary of the Treasury to make a short-term advance to the District, an
Authority-approved Budget and Financial Plan must be in place, the Mayor must submit a
requisition for an advance including a schedule for timing and amounts for advances, the
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Inspector General must certify the accuracy of the information provided to the Secretary,
and the Secretary determines -- and the Authority certifies -- that the District lacks market
access on reasonable terms, and that the Treasury has reasonable assurance of being
reimbursed.
Management.
An Office of the Chief Financial Officer will be established in the Executive Branch of
the District government, headed by the Chief Financial Officer, and including the Office
of the Treasurer, Controller, Budget, Financial Information Services, and Finance and
Revenue.
An Office of the Inspector General will be established in the Executive Branch of the
District government.
During the control period, the Mayor shall submit proposed contracts and leases to the
Authority for review, and cannot enter into a contract or a lease unless the Authority
determines it is consistent with the Budget and Financial Plan.
The Authority may submit recommendations to the Mayor, the Council, the President,
and
Congre
ss on
actions
the
District
or
Federal
govern
ments
may
take to
ensure
the
District
's
compli
ance
with a
Budget
and
Financi
al Plan
and
pro mot
e its
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al
stabilit
y,
manag
ement
respon
sibility
and
servIce
deliver
y
efficie
ncy.
The
Mayor
and the
Counci
I shall
submit
a
statem
ent to
the
Author
ity,
Preside
nt, and
Congre
ss
providi
ng
notice
as to
whethe
r the
District
will
adopt
the
recom
mendat
Ions.
An
affirma
tive
3
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must
include
a
written
imple
mentati
on
plan,
with
perfor
mance
measur
es and
a
schedu
Ie for
audit
compli
ance.
If the
statem
ent
rejects
the
recom
mendat
ions,
the.
Author
ity may
vote to
take
what
actions
it
deems
approp
riate,
after
consult
mg
with
the
Senate
4
mental
Automated Records Management System Affairs
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ittee
and the
House
Govern
ment
Refor
m and
Oversi
ght
Comm
ittee.
SECTION III. GENERAL PROVISIONS
1. Balanced Budget. PL 104-8 requires that the District balance its budget by FY1999.
By this agreement, the District agrees to present and/or approve a balanced budget for the
Fiscal Year beginning October I, 1997.
2. AgI'eelHent 16 he /J8HHd. The Distriet agrees to be bound by and to use its offiees and
best efforts to implement this agreement.
SECTION IV. SUBMISSION OF LEGISLATION & FEDERALLY ASSUMED
FUNCTIONS
As Chair of the President's District of Columbia Task Force, the Director of the Office of
Management and Budget intends to recommend the submission of legislation to the Congress
that is consistent with the National Capital Revitalization and Self Government Improvement
Plan (the "Plan") announced by the President on January 14, 1997.
Once implemented, the Plan will provide the District substantial relief from its operating
expenditures, relief which will grow over time. It will also invest considerable resources to
improve the District's criminal justice systems and capital infrastructure. If this legislation is
enacted, the Federal government will undertake the functions described below. The Federal
governmerit will not undertake a function until the District government meets the conditions for
that function, described in Section V.
1. Medicaid. The Federal government will increase its share of the District's Medicaid
payments to 70 percent, thereby reducing the District's share to 30 percent. The
Department of Health and Human Services will continue to provide more intensive
5
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technical assistance to help the District improve the management of its Medicaid
program.
2. Pensions. The Federal government will take financial and administrative
responsibility for virtually all pension benefits accrued under the plans for all active
and retired police and firefighters, and teachers, and will take full responsibility for
the pensions of judges. The bulk of the assets of the retirement plans will be
transferred to the Federal government and placed with a third party Trustee chosen by the
Secretary of the Treasury. A significant amollnt of assets will be left with the District of
Columbia to fund the benefits of participants in the District's plans and to reduce the
District's annllal contribution. The Trustee will invest funds, manage the existing
plans, and make payments on behalf of beneficiaries. The Federal government will
pledge its full faith and credit to meet its responsibilities to pay these benefits. Current
retirees will have all their benefits paid by the Federal government. Retirement, death,
and some disability benefits payable by the Federal government to current employees will
be based on service earned as of the date the legislation is introduced. While the Federal
government will not be responsible for benefits earned during future years of service by
members of the current retirement programs (other than judges), these members will get
the benefit of pay increases on the frozen benefits. Frozen benefits will continue to be
subject to cost-of-living adjustments under the terms of the existing programs. All future
employee contributions (except for judges) will be paid into the new plans.
3. Treasury Loans to Eliminate the Deficit. The United States Treasury will provide loans
of up t01S-year terms to assist the District to eliminate its accumulated fund balance
deficit and to manage its liquidity position. The combined amount of the Treasury loans
may not exceed $500 million. The Treasury loans will have an interest rate equal to the
prevailing yield on outstanding Treasury marketable securities' of comparable maturity
plus 1I8th of one percent. The Treasury may also provide intra-year loans for the
purposes of seasonal cash-flow management.
4. Criminal Justice. The Federal and District governments will develop and
implement a transition plan which transfers responsibility over a three-to-five-year
period for incarcerating felons. The Federal Bureau of Prisons (BOP) will house
adult felons convicted of D.C. Code violations and designated in the same manner as
Federal inmates in correctional institutions operated or contracted by the BOP.
This will occur after BOP's capacity has been increased through new construction
at Lorton and other locations selected by BOP, and through renovation of existing
facilities at Lorton, Virginia. After October 1,2001, the BOP will also designate to
Federal correctional institutions sentenced D.C. felons in the custody of the D.C.
Department of Corrections, as the Director of BOP deems appropriate, in
accordance with available capacity, until they have all been designated to Federal
institutions. The BOP will accept employment applications from persons currently
employed by the D.C. Department of Corrections for existing BOP vacancies, and
will process such applications in accordance with existing Federal procedures and
standards.
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The Attorney General will select, after consultation with the Mayor, the D.C. City
Council, and the Chair of the D.C. Financial Responsibility and Management
Assistance Authority, a Trustee to oversee operations of the D.C. Department of
Corrections until the BOP assumes responsibility for all incarcerated District felons.
The Federal and District governments will develop and implement a framework for
changes to the D.C. sentencing system, including the abolition of parole, institution of
determinate guideline sentencing and the enactment of the new mandatory minimum drug
sentences, which are a prerequisite for the Federal government accepting responsibility
for the incarceration of felons convicted of D.C. Code violations. The sentencing system
will be enacted within 24 months, or the Federal government will not be required to
obligate any funds appropriated for the purpose of incarcerating D.C. Code felons and
will have no responsibility for housing such persons. .
Consulting with representatives of the Federal and District judiciary, the Federal
and District governments will also develop and implement a transition plan
transferring responsibility for D.C. Code violation offender pretrial, public defender,
parole, probation, and post-adjudication/post-conviction adult offender supervision
from the District government to the Federal government over a three-to-five-year
period. The United States Parole Commission will continue to assume
responsibility for all D.C. felons housed in Federal Correctional Instituti~ns who
have sentences subject to provisions of parole.
The Federal government will take direct responsibility (in consultation with the
D.C. judiciary) for funding the D.C. court system and related services (including
plans relating to retirement benefits and other personnel matters), and establishing
an independent budgetary, financial oversight, and administrative support system for the
D.C. courts. The Courts will remain self-managed, and District involvement in the
selection and review of D.C. judges will not be diminished.
s. Economic Development. The Federal government will assist the economic development
of the District of Columbia in three ways:
First, a new economic development corporation CEDC) will be established as a public
authority of the District of Columbia, with the mission of revitalizing the nation's capital
city and benefitting the District's residents and businesses. The EDC will be governed
by a board of directors consisting of nine voting members. S* Five of the board
members will be appointed by the President in consultation with the Congress. Of those
s* five, four will be selected from the for-profit business community, and !we onc will
be selected from.Jl community-based organizations. One of the board members will be
appointed by the Mayor with the advice and consent of the Council, fi"om the for-profit
business communitv or from a eommunitv-based organization. All six of the appointed
board members will be persons who either maintain a primary residence or have a
primary place of business in the District. The remaining three board members will be ex
officio members, one chosen by the President from the Federal government, a second
who will be the Mayor or such alternatives as the Mayor may from time to time designate
7
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to serve as the Mavor's representative. and a third who will be the Council Chairman's
representative. ehoseR by the Mayor from the Distriet govemmeRt, ami a third ehoseR by
tHe GOl:lfleil from tHe Distriet governmeRt. The EDC will be run by a Chief Executive
Officer and served by a professional staff. The EDC will receive an initial capitalization
of Federal funds.
The EDC will evaluate existing economic development plans and will give expedited
consideration to applications for financial assistance for projects contemplated by existing
plans that the EDC adopts. The EDC will establish a comprehensive strategic plan for
economic development and will consult with the rest of the District government in doing
so. The EDC will provide financial assistance for economic development projects,
directly or in participation with other sources of financing, by making loans, equity
investments, and grants, but not guarantees; by leasing or conveying land; by allocating
tax credits for qualified equity investments and loans; by issuing tax-exempt private
activity bonds for certified qualified projects; and by issuing project revenue obligations
for any economic development project that it approves. All EDC projects will he
required to complv with applicable Federal and District law. The EDC will have tfle
pewer limited powers to acquire property through condemnation by eminent domain in
the name ofthe District of Columbia and furtherance of ils statutory objectives.
Second, the Federal government will provide $250 million in tax incentives to encourage
business investment both downtown and in distressed communities, and to help
businesses increase employment of residents of the District. There will be a new 40
percent tax credit on the first $10,000 of eligible wages in the first year of employment
for employers in the District that hire certain residents of the District. Businesses that
have a significant portion of their activities in higher poverty areas of the District and that
have a work force at least 35 percent of which is made up of District residents will be
eligible for expensing (rather than capitalizing) an additional $20,000 of business
equipment and machinery acquired each year. The EDC will be authorized to issue
tax-exempt private activity bonds to finance a broader range of business property than
under existing District law if the business is located in a higher poverty area of the
District and has a work force at least 35 percent of which is made up of District residents.
The EDC will be authorized to allocate $95 million in tax credits for investors in, or
lenders to, District businesses for up to 25 percent of the amount invested or loaned.
Third, the District government's borrowing authority will be improved by removing
impediments in its borrowing statutes so that the District government will have the same
legal capacity to finance projects similar jurisdictions have.
These provisions will be undertaken in a manner consistent with a legislative outline
being developed with the District.
6. Infrastructure. The Department of Transportation will assume responsibility for the
funding and oversight of certain National Uighway System (NUS) capital projects
(including roads, bridges, and transit) and NUS operations and maintenance
projects (excluding police authority, National Park Service roads, and transit) in
8
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consultation with the District. The District will select the NHS projects to be
funded and the Secretary of Transportation will review the District's project
selections in accordance with Title 23 planning procedures. Contract
administration will be performed by the Federal Highway Administration. In
addition, eligibility for Surface Transportation Program (STP) funds will be
expanded to include local public roads. To support NHS projects, the National
Capital Infrastructure Fund (NCIF) will be established in FY1998 with $108 million
for road, bridge, and transit capital projects. An additional $17 million will be
provided in FY1998-03 for NHS operations and maintenance. Federal-aid funds
for the District's NHS, Interstate Maintenance, and Bridge programs will be
transferred to the NCIF in FYI998-03. The Administration also proposes that the
NCIF be authorized to accept contributions from other sources.
I 7. Personal Income Tax CeilecR6H Administration. At the request of, and at no cost to, the
District, the Internal Revenue Service will assume responsibility from the District of
Columbia for administering and/or enforcing D.C. individual income and payroll taxes.
This wetild petefltially ifleltide the proeessiflg ef these taxes paid by ifldividtials, as "Yell
as the paymeflt ef related empleymeflt afld payroll truces. The District government will
maintain processing and collection responsibility for all other taxes.
Both during the drafting and upon enactment of the legislation to implement the Plan, the
parties to the MOU will review the legislation and confer on whether any revisions to the MOU
are necessary to ensure its consistency with the legislation.
SECTION V. DISTRICT CONDITIONS
The District government understands that it will be expected to undertake significant
actions as part of the National Capital Revitalization and Self-Government Improvement Plan
(the "Plan"). This section sets out the actions that the District government agrees to take as a
condition of the Federal governmentactions under the legislation to carry out the Plan.
1. Medicaid. The District agrees to develop and implement plans satisfactory to the
Secretary of Health and Human Services to accomplish each of the following:
1.1. To develop an effective system for the identification and collection of amounts owed by
third parties for medical care and services furnished to individuals under the District's
Medicaid plan.
1.2. To ensure the timely audit and settlement of cost reports of institutional providers
(including hospitals, nursing facilities, and intermediate care facilities for the mentally
retarded) under the District's Medicaid plan, including prompt elimination of the backlog
of such audits and settlements.
1.3. To develop and implement, directly or under contract, a comprehensive health care
management information system that will standardize data base development and
9
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management, and integrate health care delivery with a public health data system. Such a
system shall at a minimum have the capacity to accomplish the following functions:
1.3.1. To assist with eligibility verification;
1.3.2. To create utilization and financial profiles of providers;
1.3.3. To identify services (including preventive services) received by program beneficiaries;
1.3 A. To monitor the claims processing and other Medicaid operations of the fiscal agent;
1.3.5. To monitor the quality of care provided under managed care contracts; and
1.3.6. To coordinate information management with respect to the District's Medicaid program
and other public health programs and functions.
104. To develop a comprehensive behavioral managed health care system, which combines
substance abuse and mental health grant programs. Development of such a plan shall
include a pilot project for better evaluation of in-patient acute psychiatric patient
admissions, and the purchase of a comprehensive, risk-based system for managed care of
behavioral health which covers all eligible populations and services.
2. Pensions. The District Government agrees: (see Appendix One for definitions)
2.1. To establish a Replacement Plan for the current Retirement Program
2.1.1. The Replacement Plan will cover all existing and new employees (except for judges) who
are, or would be, covered by the Retirement Program, if the Retirement Program
continued unchanged, and will be established by the date specified in legislation.
2.1.2. To the extent required by current law, the Replacement Plan will be established through
collective bargaining.
2.1.3. After the Adoption Date, the Replacement Plan may not be amended in any manner that
materially increases the cost of the Replacement Plan without provision of a mechanism
for funding such increases, in accordance with Section 2.2.
2.2 That the Replacement Plan will use appropriate funding methods and costs that do not
exceed the sum available in the District of Columbia Budget and Financial Plan.
2.2.1. The cost of any defined benefit plan will be determined in accordance with the
measurement standards of Governmental Accounting Standards Board Statement No. 27
(GASB 27), with the following additional restrictions:
2.2.1.1. funding methods will be limited to entry age or frozen entry age; and
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2.2.1.2. amortization of any unfunded actuarial liability is required over no more than 30
years on a closed basis.
2.2.2. The cost of any defined contribution plan is the employer contribution required under the
provisions of the plan.
2.2.3. All costs of the Replacement Plan must be reflected in the D.C. Budget and Financial
Plan in accordance with the standards described above.
2.2.4. All costs of the Replacement Plan must be paid in accordance with the D.C. Code'1981,
Title 1, Chapter 7, subchapter III.
2.2.5. Contributions of all existing and new employees (except judges) will be paid into the
Replacement Plan.
2.3. To transfer copies of books and records of the Retirement Program and the Fund and to
be financially responsible for errors and omissions, including all necessary records of
individual employees.
2.3.1. Copies of any books and records pertaining to the Retirement Program and the Fund
required by the Secretary of the Treasury or the Trustee must be. made available to the
Secretary or Trustee within 30 days after the Secretary or Trustee requests them.
2.3.2. The District will reimburse the Trustee for all costs, including benefit payments, resulting
from errors or omissions in the books and records pertaining to the Fund.
2.4. To transfer assets from the Fund
2.4.1. Any and all assets of the Fund required to be transferred to the Trustee shall be
transferred on the Transfer Date in a form specified by the Trustee.
2.4.2. The District of Columbia Retirement Board will administer the retirement programs until
the Trustee assumes these responsibilities. The District government will reimburse the
Fund for any benefits paid out of the Fund between the Freeze Date and the transfer date
that exceed payments that would have been the responsibility of the Federal government
if the transfer had occurred simultaneously with the freeze.
2.4.3. A significant amount of assets will be left with the District of Columbia to fund the
I benetits of participants in the District's plans and to reduce its annual contribution.
3. Treasury Loans to Eliminate the Deficit. The District agrees that:
3.1. Any Treasury loan to eliminate the accumulated fund balance deficit would be for no
more than 15 years, with an interest rate equal to the prevailing yield on outstanding
Treasury marketable securities of comparable maturities plus 1/8 of one percent.
11
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3.2. The combined amount of the Treasury loans to eliminate the accumulated fund balance
deficit and to manage its liquidity position will not exceed the amount of $500 million,
except for intra-year loans.
3.3. The Secretary of the Treasury may require early reimbursement if the District can obtain
credit in the commercial market on reasonably rbcnetician terms for refinancing as
determined by the Secretary.
3.4. Before any lending may occur, the District must provide a requisition for an advance
of funds and a promissory note to reimburse the Treasury for the Advance, in forms
satisfactory to the Secretary of the Treasury.
I 3.5. Before any lending mav occur. the Treasury shall consider the impact of sLlch lending on
the District's obligations to District bond and note holders.
3.6. Before any lending may occur, the Secretary of the Treasury must receive
certifications from the Financial Responsibility and Management Assistance
Authority and the District of Columbia Inspector General that there is an approved
Budget and Financial Plan in effect for the District for the Fiscal Year in which the
requisition is made, that the District is in compliance with the Authority-approved
Budget and Financial Plan, and that the borrowing and repayment of the loan is
consistent with the Authority-approved Budget and Financial Plan.
3.7. Before any lending can occur, the Secretary of the Treasury must receive
certifications from the District government and the Financial Responsibility and
Management Assistance Authority that the District is unable to obtain enough credit
elsewhere to meet the District government's need for financing.
3.8. The Federal government will work with the District government to amend its general
obligation debt limit provisions in order to allow implementation of the District's capital
plan in an orderly and sustainable manner.
4. Criminal Justice. This subsection of the Memorandum of Understanding (MOU)
between the Federal government and the District of Columbia government (D.C.) outlines the
offer of the Federal government, conditioned wholly on appropriations and D.C.'s acceptance and
satisfaction of all other conditions and predicates identified and described herein, to assist D.C. by
assuming responsibility for certain traditionally State responsibilities and the conditions that D.C.
must agree to and fulfill should it choose to accept that offer as it relates to criminal justice
functions, including, but not limited to, certain defendant and offender services, corrections and
the judiciary. The MOU sets forth the expectations and responsibilities relating to proposed
changes and reforms in the D.C. criminal justice and judicial system and the procedures
(including new statutory and regulatory provisions) the Federal government and D.C. will use to
implement the MOU. In particular, the MOU is designed to:
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4.i. provide a framework for changes to the D.C. sentencing system, including the abolition
of parole, institution of determinate guideline sentencing and the enactment of the new
mandatory minimum drug sentences, which are a prerequisite for the Federal government
accepting responsibility for the incarceration of felons convicted of D.C. Code violations.
4.ii. ensure that such sentencing system is to be enacted within 24 months after funding has
been provided, or the Federal government will not be required to obligate any funds
appropriated for the purpose of incarcerating D.C. Code felons and will have no
responsibility for housing such persons.
4.iii. ensure an appropriate transfer and transition of responsibility from D.C. to the Federal
government for pretrial, public defender, parole, probation, and post-conviction
supervision and services for adult D.C. Code defendants and offenders.
4.iv. ensure an appropriate transfer of responsibility from D.C. to the Federal government for
the incarceration of sentenced felons convicted of D.C. Code violations, assuming
sufficient resources are provided by Congress to develop necessary bed space to
accommodate the resulting increase in the Federal Bureau of Prisons (BOP) population
and D.C. Code violators are designated in the same manner as Federal inmates.
4.v. provide the basis for establishing an independent budgetary, financial oversight, and
administrative support system for the D.C. courts.
4.vi. define the respective roles of the D.C. and Federal Governments in relation to lawsuits
and resulting liability, as they may be affected by the reforms agreed to in this MOU.
4.vii. ensure the development by D.C. and the Federal Governments of transition plans
4.vii.a. (in consultation with the Federal and D.C. judiciaries) for transferring
responsibility for pretrial, public defender, parole, probation, and
post-conviction supervision and services for adult D.C. Code defendants
and offenders over a transition period of one to three years from the
enactment of the federal implementing legislation.
4.vii.b. for transferring responsibility for incarcerating sentenced felons convicted of D.C.
code violations over a period of approximately three to five years.
4.vii.c.(in consultation with the D.C. judiciary) for transferring responsibility for funding
the D.C. court system and related services, including plans relating to
retirement benefits and other personnel matters.
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4.vii.d. for transferring control of the property at Lorton, Virginia to the Federal
Government.
4.1. Administration of District of Columbia PretriaL Parole, Probation, and Post-Conviction
Offender Supervision, Housing, and Public Defender Services
4.1.1. Federal Government Responsibilities
4.1.1.1. After consultation with the Mayor of D.C., representatives of the D.C. Council,
the Chairman of the D.C. Financial Responsibility and Management
Assistance Authority (Financial Authority), and members of the affected
Federal and D.C. judiciaries, the Attorney General will select an Offender
Supervision, Defender and Courts Services Trustee to:
a) assure the smooth transition and continued operations of D.C.'s
Pretrial Services Agency and Public Defender Service;
b) implement an orderly shutdown of the D.C. Board of Parole in
coordination with the U.S. Parole Commission and the Superior
Court for the District of Columbia;
c) establish and operate a new D.C. Offender Supervision, Defender
and Courts Services Agency; and
d) accomplish, without disruption of services, the transfer of the adult
offender probation supervision functions of the D.C. Courts Social
Services Division,
until the Federal government assumes responsibility for each of these
functions.
4.1.1.2. During the transition period, under the general auspices of the Trustee, the D.C.
Pretrial Services Agency will continue uninterrupted to provide services
and support for both juvenile and adult D.C. Code and Federal defendants
and offenders to the U.S. District Court for the District of Columbia, the
U.S. Court of Appeals for the District of Columbia, the Superior Court for
the District of Columbia, and the District of Columbia Court of Appeals.
The Director of Pretrial Services may employ such personnel as shall be
necessary pursuant to procedures and standards established by the Trustee
to facilitate transition to Federal status.
4.1.1.3. Following the transition period, the D.C. Pretrial Services Agency and the
D.C. Public Defender Service will be organizationally housed in a part of a
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new Federal D.C. Offender Supervision, Defender and Courts Services
Agency.
4.1.1.4. The D.C. Board of Parole will be terminated after the Trustee establishes a
transition agency with the capacity to provide adequate field supervision to
adult D.C. offenders on parole, probation or supervised release, and the
U.S. Parole Commission is capable of carrying out parole functions for
D.C. Code felony offenders. Subject to appropriations, the D.C. Board
of Parole's functions and jurisdiction vis a vis felon parolees will be
assumed by the U.S. Parole Commission. Similarly, its functions and
jurisdiction vis a vis misdemeanant parolees will be assumed by the D.C.
court system. Substantive D.C. law will continue to apply to parole
determinations for all D.C. Code offenders. The District of Columbia
Superior Court Division of Social Services will continue to provide
supervision to D.C. Code juvenile offenders and will assume responsibility
for the supervision of misdemeanant parolees.
4.1.1.5. The Tmstee will accept employment applications for new offunder field
supeFISlOn positions in the transition agency from persons currently
employed by the D.C. court system and the D.C. Eoard of Parole.
Applications will be processed in accordance with procedures and
standards established by the Trustee to facilitate transition to subsequent
federal law enforcement employment in the successor Offunder
Supervision, Defunder and Courts Services Agency. Positions 'Nill be
advertised prior to hiring.
4.1.1.5. The Trustee will accept employment applications for new offender field
supervision positions in the transition agency from persons who are
currently emploved bv the District of Columbia Board of Parole or in
offender supervision-related capacities by the District of Columbia Court
System. Oualified, experienced personnel will be essential to an effective,
timelv transition and will receive priority consideration. Applications will
be processed in accordance with procedures and standards established bv
the Trustee to facilitate transition to subsequent Federal Javv' enforcement
employment in the successor Oflender Supervision, Defender, and Courts
Services Agency. Positions will be adyertised prior to hiring to assure
notice to all interested D.C. agency personnel.
4.1.1.6. During the transition period, the Federal government will transfer funds for the
Pretrial Services Agency, the Public Defender Service and the supervision
of D.C. offenders to the Trustee. The head of any Federal department or
agency may provide the services of any personnel on a reimbursable basis
to the Trusteeship to assist in carrying out the Trustee's duties.
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4.1.1.7. During the transition period, under the general auspices of the Trustee, the Public
Defender Service will continue uninterrupted to provide services to D.C.
Code defendants and the D.C. court system. The Director of the Public
Defender Service may employ such personnel as shall be necessary
pursuant to procedures and standards established by the Trustee to facilitate
transition to Federal status.
4.1.1.8. During the transition period, the employees of and funds allocated to the Trustee
and the agencies for which the Trustee is responsible shall not be counted
against the personnel and budget ceilings imposed on D.C. by the
Financial Authority or Congress.
4.1.1.9. The U.S. Marshals Service (USMS) will contract with D.C., at a mutually
agreeable rate, to obtain space not needed by D.C. at D.C.'s Correctional
Treatment Facility (CfF) , to house persons in the custody of the USMS
for whom the USMS requires bed space in the D.C. area.
4.1.1.10. Subject to appropriations, the Federal government will provide funds to
support the D.C. Board of Parole functions during the one to three year
transition period culminating in the termination of the D.C. Board of
Parole.
4.1.2. District of Columbia Responsibilities
4.1.2.1. The District of Columbia will maintain responsibility for all D.C. Code juvenile
offenders not prosecuted as adults.
4.1.2.2. The District of Columbia will have responsibility for housing and superviSIng
persons charged with and/or convicted of misdemeanor violations in the
Superior Court for the District of Columbia, both before and after
sentencing.
4.1.2.3. The District of Columbia will continue to house persons charged with felonies
under the D.C. Code and persons convicted of felonies under the D.C.
Code but not yet sentenced, in the Superior Court for the District of
Columbia. To the extent beds are available, D.C. will continue to
house persons charged with felonies under the U.S. Code, and persons
convicted of felonies under the U.S. Code but not yet sentenced in the
U.S. District Court. D.C. will continue to receive reimbursement, at a
mutually negotiated rate, from the Federal government for the costs of
housing such persons. "House" and "housing" include subsistence,
transportation of persons to and from court appearances, revocation
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hearings, medical facilities, and the maintenance of necessary prisoner
records.
4.1.2.4. The District of Columbia will continue to house persons sentenced by the
Superior Court and detained pending a hearing for revocation of parole,
probation, or supervised release, and will provide suitable facilities for such
hearings. To the extent beds are available, D.C. will house persons
sentenced by the U.S. District Court and detained pending a hearing for
revocation of parole, probation, or supervised release, will provide suitable
facilities for such hearings, and will continue to receive reimbursement by
the Federal government at a mutually negotiated rate for the costs of
housing such persons and for providing such facilities. "House" and
"housing" include subsistence, transportation of persons to and from court
appearances, revocation hearings, and medical facilities, and the
maintenance of necessary prisoner records.
4.1.2.5. The Trustee will be an independent officer of the D.C. Government and can be
removed by the Mayor only with the concurrence of the Attorney General.
The .Attorney General has authority to remove the Trustee only for
misfeasance or malfeasance in office.
4.1.2.6. The Trustee will propose funding requests for offender supervision and services
for inclusion in the President's budget for each Fiscal Year of the transition.
4.1.2.7. The Trustee will allocate funds for offender supervision (including adult felon
parole and probation) in D.C., including funds for short term
improvements, equipment contracts, and salary increases necessary to retain
key personnel, maintain and enhance current levels of service, including
offender drug testing, and provide for the safety and security of the
community.
4.1.2.8. Upon receipt of funds identified by Congress or other entities for Pretrial Services,
the Trustee will immediately transfer such funds to the Pretrial Services
Agency.
4.1.2.9. Upon receipt of funds identified by Congress or other entities for the D.C. Public
Defender Service, the Trustee will immediately transfer such funds to the
Public Defender Service.
4.1.2.10. Effectively immediately and in view of the responsibility to be undertaken
by the U.S. Parole Commission to carry out the functions of the D.C.
Board of Parole pursuant to the parole laws and regulations of D.C., the
D.C. Council will not enact legislation that changes or modifies parole
17
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laws and regulations as applicable to felony offenders without the
concurrence of the Attorney General. D.C. will immediately take steps to
modify parole as applicable to misdemeanants to provide for D.C. court
supervision of D.C. misdemeanant parolees and the elimination of the
D.C. Board of Parole. following the assHmtJtion by the u.s. Parole
Commission of the fHnctions of the D.C. Board of Parole, the D.C.
COHncil will cede to Congress the sole aHthority to legislate changes to the
D.C. Code tJertaining to the tJarole of D.C. felony offenders.
4.1.2.11. It is expected that the transition period for these offender, defender and
court services will end no sooner than one year but not later than three
years after the enactment of the related legislation.
4.1.2.12. The D.C. Corporation Counsel will provide representation for the Trustee
and Trustee supervised agencies. (see litigation and liability section)
4.2. Administration of District of Columbia and Federal Prisons
4.2.1. Federal Government Responsibilities
4.2.1.1. The Federal government will take administrative control of the nine parcels of
land, collectively located at or in the vicinity of Lorton, Virginia (lithe
Lorton property"), and other appropriate sites. After the BOP's .capacity
has been increased through renovation of existing facilities and new
construction at the corrections complex in Lorton and other locations
selected by BOP, BOP will house felons who were convicted of D.C.
Code violations and sentenced to terms of imprisonment. (A recently
completed Congressionally mandated study of the D.C. Department of
Corrections revealed that most of the institutions at Lorton have exceeded
their useful lifespan and need major renovations or demolition.)
4.2.1.2. BOP will conduct a thorough preliminary assessment of the Lorton property
to determine its environmental condition, including a study of the
contamination on the property and an estimation of the costs
associated with bringing the property into compliance with
environmental and other applicable regulations. Based on
preliminary information gathered pursuant to a review of the
environmental conditions of a portion of the Lorton property, BOP
could begin planning for renovation and construction immediately;
actual physical renovations would not begin until Fiscal Year 1998.
The estimated date for the completion of the preliminary
environmental assessment process is March 21, 1998.
18
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4.2.1.3. BOP will oversee the operation of community corrections centers in
D.C. as necessary to provide an appropriate transition for inmates
who are nearing release from Federal prisons, including those
convicted of D.C. Code violations. BOP intends to use existing
community corrections centers in D.C. to the extent practicable and
will work with D.C. officials to identify prospective sites, as needed to
establish new community corrections facilities.
4.2.1.4. D.C. Code offenders will be housed together with Federal offenders in
facilities operated by BOP in Lorton, Virginia and elsewhere. Every
effort will be made to house D.C. felons at facilities as close to D.C. as
permitted by inmate program and security needs and BOP population
management requirements. D.C. felons will be designated in the
same manner as Federal inmates, and ordinarily initially assigned to
institutions located within a 500-mile radius of their release residence.
BOP anticipates that many of the initial designations for D.C.
offenders will be within a significantly closer radius. BOP also will
work with D.C. officials to identify sites for possible Federal
correctional facility construction within D.C.
4.2.1.5. During the transition period, based upon assurances from D.C. that
felons convicted of violating the D.C. Code will, in the future, receive
sentences similar to those received by comparable offenders convicted
of comparable Federal offenses, BOP will house those sentenced D.C.
felons in the custody of the D.C. Department of Corrections as the
Director of the BOP deems appropriate in accordance with available
capacity. If such a new structure for sentencing under the D.C. Code
is in place as of October 1, 2001, BOP will accept D.C. felons
sentenced under the new sentencing structure in accordance with the
capacity of BOP. By October 1, 2002, and assuming fulfillment of all
requisite conditions, BOP will have assumed responsibility for
incarcerating all sentenced D.C. felons.
4.2.1.6. BOP will accept employment applications from persons currently
employed by the D.C. Department of Corrections for BOP vacancies
and will make hiring selections in accordance with existing Federal
procedures and standards. Qualified, expcrienced personnel will
recciyc priority consideration. Positions for new BOP facilities will
be advertised prior to hiring to assure notice to all interested D.C.
agency pcrsonncl.
4.2.1.7. After consultation with t~e Mayor, representatives of the D.C.
Council, the Chair of the Financial Authority, members of the
judiciary and others, the Attorney General will select a Corrections
Trustee to oversee expenditures of the D.C. Department of
19
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Corrections relating to sentenced, incarcerated felons, until BOP
assumes responsibility for all incarcerated sentenced D.C. felons.
4.2.1.8. To the extent authorized by law, the Federal government will provide
funds for the incarceration of sentenced D.C. felons through the
Trustee to the D.C. Department of Corrections. The head of any
Federal department or agency may provide on a reimbursable basis
the services of any personnel to the Trustee to assist in carrying out
the Trustee's duties.
4.2.1.9. Of the Federal funds received by the Trustee, the Trustee will
reimburse BOP for those funds identified by Congress to be used for
the construction of new facilities and the major renovation of existing
facilities. BOP will be responsible and accountable for determining
how these funds will be used, including the type, security level, and
location of new facilities.
4.2.1.10. During the transition period, the employees of and appropriations
allocated to the Trustee and the agencies for which the Trustee is
responsible shall not be scored or counted against the personnel and
budget ceilings imposed on D.C. by the Financial Authority or
Congress.
4.2.2. District of Columbia Responsibilities
4.2.2.1. Offenders convicted of D.C. Code violations will be sentenced
pursuant to a new D.C. sentencing system, described below. BOP
shall not be required to obligate any funds appropriated for the
absorption of D.C. Code felons into the Federal prison system and will
have no responsibility to house any persons convicted of felony
offenses, if the new sentencing system is not enacted within 24 months
of the authorizing legislation's enactment.
4.2.2.2. D.C. will continue to house felons sentenced to terms of imprisonment
by the Superior Court for the District of Columbia until such persons
have been designated by BOP. To the extent beds are available, D.C.
will continue to house felons sentenced to terms of imprisonment by
the U.S. District Court until such persons have been designated by
BOP and will continue to receive reimbursement by the Federal
Government, at a mutually negotiated rate, for costs of housing
persons sentenced by the U.S. District Court.
4.2.2.3. The Trustee will be an independent officer of the D.C. government
and can be removed by the Mayor only with the concurrence of the
Attorney General. The Attorney General has authority to remove
the Trustee only for misfeasance or malfeasance in office.
20
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4.2.2.4. The Trustee will propose funding requests for the incarceration of
sentenced D.C. felons, for inclusion in the budget submitted by the
President to Congress for each Fiscal Year of the transition.
4.2.2.5. The Trustee will allocate funds to the D.C. Department of
Corrections, including such sums as may be appropriated for short
term improvements that are necessary for the safety and security of
staff, inmates, and the community.
4.2.2.6. The D.C. Department of Corrections will implement the short term
improvements in physical security identified in the "District of
Columbia Department of Corrections Short-Term Improvements Plan
(September, 1996)."
4.2.2.7. Upon receipt of Federal funds identified by Congress for constructing
new prisons and making major renovations to existing facilities for
the incarceration of D.C. f~lons, the Trustee will. immediately
reimburse BOP for such funds.
4.2.2.8. The D.C. Corporation Counsel will provide representation for the
Trustee and Trustee supervised agencies. (see litigation and liability
section)
4.2.2.9. During the transition, D.C. will transfer custody and control of the
property at Lorton, Virginia to the Federal Government, though the
D.C. Department of Corrections may continue to house D.C. felons at
facilities located at Lorton until such time as BOP absorbs such
offenders into the Federal prison system.
4.3. Sentencing. The District of Columbia understands and agrees that the D.C. sentencing
system will be changed pursuant to proposed legislation in the following manner:
I 4.3.1. Congress will amend tIhe D.C. Code will be amended to abolish parole for all
persons convicted of D.C. felony offenses committed on or after three years from
the enactment of the Federal authorizing legislation.
I 4.3.2. Congress will amend tIhe D.C. Code will be amended so that good time
calculations for all persons convicted of D.C. felony offenses committed on or after
three years from the enactment of the Federal authorizing legislation will be made
according to the Federal requirements.
4.3.3. Congress will establish a new D.C. Board of Criminal Sentences (the Board) as an
independent body within the D.C. Government. All persons convicted of D.C.
felonies committed on or after three years from the enactment of the Act will be
21
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sentenced according to a determinate sentencing system promulgated by the Board
and transmitted by the Board to the D.C. Council no later than 18 months after
enactment of the Federal authorizing legislation.
4.3.4. The Board will develop a sentencing system which shall include binding
guidelines and may include such amendments or repeals of provisions in the D.C.
Code relating to the maximum and minimum prison terms as are necessary to
accomplish the purposes of the Act. Ninety days after the Board promulgates
and transmits the sentencing system to the D.C. Council, the sentencing system, its
guidelines, amendments and repeals will become effective unless disapproved in its
entirety bv an Act of a majority of the Council. If disapproved by the Council,
the system may be enacted by Congress.
4.3.5. The promulgated sentencing system will supersede any inconsistent provision of
the D.C. Code.
4.3.6. Congress ',."iII repeal certain other proisions of the D.C. Code will be to conform
with the new sentencing system (D.C. Code Title 24, Chapters 2 and g),
including the Youth Rehabilitation Act. Provisions of the D.C. Code that do not
conform with the new sentencing svstem will be amended or repealed to conf(xm
with the new sentencirU'" system.
I 4.3.7. Congress will amend D.C. Code Title 33, Section 541 will be amended to adopt
certain mandatory penalties necessary to further the Superior Court of the District
of Columbia's Drug Intervention Program and effective local law enforcement.
The new sentencing system will incorporate these mandatory penalties, thereby
excluding local narcotics offenses from the mandate that sentences be similar to
those that would be imposed upon comparable offenders in the Federal system.
4.3.8. The Board will not have the authority to provide for capital punishment under any
law applicable exclusively in D.C.
4.3.9: The Board will have seven voting members. All the members of the Board shall
have knowledge and responsibilities with respect to criminal justice matters. The
Attorney General (or the Attorney General's designee) will chair the Board. The
other members will include two judges of the Superior Court for the District of
Columbia and one representative each of the following entities: the D.C. Council,
the Executive Branch of the D.C. Government, the D.C. Public Defender Service,
and the U.S. Attorney for the District of Columbia. One representative each of
the D.C. Corporation Counsel and BOP will serve as non-voting, ex officio
members.
4.3.10. An affirmative vote of at least six Board members will be necessary to promulgate the
sentencing system.
22
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4.3.11. In developing the sentencing system, the Board will hold two or more public hearings,
review other sentencing guideline system models, consult with sentencing reform
experts, and solicit written comments from the public.
4.3.12. If the Board fails to promulgate a sentencing system within 18 months, the Board will
terminate, and the Attorney General will develop a sentencing system to be
transmitted to the D.G Council for approval. Ninety days after the Attorney
General transmits the sentencing system to the D.G Council, the sentencing
system, its guidelines, amendments, and repeals will become effective, unless an
Act of the Council disapproves the system in its entirety and Congress, in turn,
does not approve it.
4.3.13. The Board will have the mandate to ensure that the sentencing system it establishes,
among other things:
4.3.13.1. will result in sentences for those convicted of D.G felony offenses similar
to those that would be imposed upon comparable offenders convicted of
comparable offenses in the Federal system;
4.3.13.2. will result in sentences that reflect the seriousness of the offense and
provide for just punishment, afford adequate deterrence to potential future
criminal conduct of the offender and others, and provide the defendant
with needed educational or vocational training, medical care, and other
correctional treatment;
4.3.13.3. will provide certainty and fairness in meeting the purposes of sentencing,
avoiding unwarranted sentencing disparities among similar defendants,
while maintaining sufficient flexibility to permit individualized sentences;
4.3.13.4. will take into account the high volume of sentencing proceedings in the
D.G Superior Court as bearing upon the degree of complexity of the
sentencing system; and
4.3.13.5. will ensure that the system is neutral as to the race, sex, marital status,
ethnic origin, religious affiliation, national origin, creed, socioeconomic
status, and sexual orientation of offenders, if not related to the commission
of the offense.
4.3.14. As part of the sentencing system, the Board will develop binding guidelines for use in
determining the sentence to be imposed upon convicted felons. The guidelines
will specify:
23
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4.3.14.1. when to impose a sentence of probation, a fine, or a term of imprisonment
and the appropriate amount or length, thereof, as well as intermediate
sanctions;
4.3.14.2. when to impose a term of supervised release following imprisonment, and
the appropriate length, thereof; and
4.3.14.3. whether multiple sentences to terms of imprisonment should run
concurrently or consecutively.
4.3.15. Ninety days after promulgation of the sentencing system, the Board will be terminated.
There will be established a successor, federally funded agency to amend the
guidelines as necessary to achieve the purposes of the' Act. The D.C. Council
may recommend to Congress ,.... hether or not these amendments should be
approved. However, the amendments will take effect as prescribed by the
successor agency, unless they are modified or disapproved by Congress. The
successor agency ,.... ill have no po'....ers to revise the D.C. Code but will
recommend changes to the Code as may be necessary to further the purposes of
the Act.
Ninety deWS after promulgation of the sentencing system, The Board shall
terminate. There will be established a successor, federally-funded agencv. The
successor
;;;;;;;;;;;;;;;;;;;; ATTACHMENT 1 ;;;;;;;;;;;;;;;;;;;;
ATT CREATION TIME/DATE: 0 00:00:00.00
TEXT:
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Automated Records Management System
MEMORANDUM OF UNDERSTANDING BETWEEN:
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THE DISTRICT OF COLUMBIA
Marion Barry, Jr., Mayor
Charlene Drew Jarvis, Council Chairperson Pro Tempore
Pursuant to Council Resolution 12-XXX, the Memorandum of Understanding on the President's
National Capital Revitalization and Self-Government Improvement Plan Emergencv Resolution
of 1997."
DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY AND MANAGEMENT
ASSISTANCE AUTHORITY
Andrew Brimmer, Chairman
OFFICE OF MANAGEMENT AND BUDGET, EXECUTIVE OFFICE OF THE
PRESIDENT
Franklin D. Raines
Chair, President's District of Columbia Task Force
Dated: _ _ _ _ _ _ __
SECTION I.
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PURPOSE
The parties respect the Home Rule Charter as the fundamental basis for governance in the
District. The purpose of this memorandum is to strengthen Home Rule and to agree to work
toward the revitalization of the District of Columbia. By providing for additional District
government functions. the Federal government will enable the District to focus its resources on
the functions that remain. In some cases. however, this memorandum provides for Federal
assumption of not only funding lor certain government functions. but Federal assumption of
management of those functions as well. While this is appropriate in limited circumstances. the
parties generallv favor the principle of local management over District government functions,
regardless of the source of funding for those programs.
This memorandum is intended only to improve the management of, and the relationship between,
the District of Columbia and the Federal government, and is not intended to and does not create
any right, benefit, trust or responsibility, substantive or procedural, enforceable at law or equity
by a party against the United States or the District of Columbia, its agencies, its officers, or any
person.
SECTION II. PUBLIC LAW 104-8, "THE DISTRICT OF COLUMBIA FINANCIAL
RESPONSIBILITY AND MANAGEMENT ASSISTANCE ACT OF
1995"
The parties recognize the Qrovisions of effeetivefl:ess of PL 104-8 and dedicate themselves to the
cooperative implementation of thcse its provisions. Among these provisiofl:s are:
Finance.
For each Fiscal Year for which the District is in a control period, the Mayor shall develop
and submit to the Financial Responsibility and Management Assistance Authority (the
"Authority") and District Council a Budget and Financial Plan for the applicable Fiscal
Year and the next three Fiscal Years.
Expenditures for the District government for each Fiscal Year, beginning in FY1999, may
not exceed revenues for that Fiscal Year.
During Fiscal Years 1996, 1997, and 1998, the District government shall make
continuous, substantial progress toward equalizing its expenditures and revenues.
The District may not borrow money during a control year unless the Authority provides
prior certification that the borrowing is consistent with the financial plan and budget for
the year.
For the Secretary of the Treasury to make a short-term advance to the District, an
Authority-approved Budget and Financial Plan must be in place, the Mayor must submit a
requisition for an advance including a schedule for timing and amounts for advances, the
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Inspector General must certify the accuracy of the information provided to the Secretary,
and the Secretary determines -- and the Authority certifies -- that the District lacks market
access on reasonable terms, and that the Treasury has reasonable assurance of being
reimbursed.
Management.
An Office of the Chief Financial Officer will be established in the Executive Branch of
the District government, headed by the Chief Financial Officer, and including the Office
of the Treasurer, Controller, Budget, Financial Information Services, and Finance and
Revenue.
An Office of the Inspector General will be established in the Executive Branch of the
District government.
During the control period, the Mayor shall submit proposed contracts and leases to the
Authority for review, and cannot enter into a contract or a lease unless the Authority
determines it is consistent with the Budget and Financial Plan.
The Authority may submit recommendations to the Mayor, the Council, the President,
and
Congre
ss on
actions
the
District
or
Federal
govern
ments
may
take to
ensure
the
District
's
compli
ance
with a
Budget
and
Financi
al Plan
and
pro mot
e its
2
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al
stabilit
y,
manag
ement
respon
sibility
and
servIce
deliver
y
efficie
ncy.
The
Mayor
and the
Counci
I shall
submit
a
statem
ent to
the
Author
ity,
Preside
nt, and
Congre
ss
providi
ng
notice
as to
whethe
r the
District
will
adopt
the
recom
mendat
Ions.
An
affirma
tive
3
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must
include
a
written
imple
mentati
on
plan,
with
perfor
mance
measur
es and
a
schedu
Ie for
audit
compli
ance.
If the
statem
ent
rejects
the
recom
mendat
ions,
the.
Author
ity may
vote to
take
what
actions
it
deems
approp
riate,
after
consult
mg
with
the
Senate
4
mental
Automated Records Management System Affairs
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ittee
and the
House
Govern
ment
Refor
m and
Oversi
ght
Comm
ittee.
SECTION III. GENERAL PROVISIONS
1. Balanced Budget. PL 104-8 requires that the District balance its budget by FY1999.
By this agreement, the District agrees to present and/or approve a balanced budget for the
Fiscal Year beginning October I, 1997.
2. AgI'eelHent 16 he /J8HHd. The Distriet agrees to be bound by and to use its offiees and
best efforts to implement this agreement.
SECTION IV. SUBMISSION OF LEGISLATION & FEDERALLY ASSUMED
FUNCTIONS
As Chair of the President's District of Columbia Task Force, the Director of the Office of
Management and Budget intends to recommend the submission of legislation to the Congress
that is consistent with the National Capital Revitalization and Self Government Improvement
Plan (the "Plan") announced by the President on January 14, 1997.
Once implemented, the Plan will provide the District substantial relief from its operating
expenditures, relief which will grow over time. It will also invest considerable resources to
improve the District's criminal justice systems and capital infrastructure. If this legislation is
enacted, the Federal government will undertake the functions described below. The Federal
governmerit will not undertake a function until the District government meets the conditions for
that function, described in Section V.
1. Medicaid. The Federal government will increase its share of the District's Medicaid
payments to 70 percent, thereby reducing the District's share to 30 percent. The
Department of Health and Human Services will continue to provide more intensive
5
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technical assistance to help the District improve the management of its Medicaid
program.
2. Pensions. The Federal government will take financial and administrative
responsibility for virtually all pension benefits accrued under the plans for all active
and retired police and firefighters, and teachers, and will take full responsibility for
the pensions of judges. The bulk of the assets of the retirement plans will be
transferred to the Federal government and placed with a third party Trustee chosen by the
Secretary of the Treasury. A significant amollnt of assets will be left with the District of
Columbia to fund the benefits of participants in the District's plans and to reduce the
District's annllal contribution. The Trustee will invest funds, manage the existing
plans, and make payments on behalf of beneficiaries. The Federal government will
pledge its full faith and credit to meet its responsibilities to pay these benefits. Current
retirees will have all their benefits paid by the Federal government. Retirement, death,
and some disability benefits payable by the Federal government to current employees will
be based on service earned as of the date the legislation is introduced. While the Federal
government will not be responsible for benefits earned during future years of service by
members of the current retirement programs (other than judges), these members will get
the benefit of pay increases on the frozen benefits. Frozen benefits will continue to be
subject to cost-of-living adjustments under the terms of the existing programs. All future
employee contributions (except for judges) will be paid into the new plans.
3. Treasury Loans to Eliminate the Deficit. The United States Treasury will provide loans
of up t01S-year terms to assist the District to eliminate its accumulated fund balance
deficit and to manage its liquidity position. The combined amount of the Treasury loans
may not exceed $500 million. The Treasury loans will have an interest rate equal to the
prevailing yield on outstanding Treasury marketable securities' of comparable maturity
plus 1I8th of one percent. The Treasury may also provide intra-year loans for the
purposes of seasonal cash-flow management.
4. Criminal Justice. The Federal and District governments will develop and
implement a transition plan which transfers responsibility over a three-to-five-year
period for incarcerating felons. The Federal Bureau of Prisons (BOP) will house
adult felons convicted of D.C. Code violations and designated in the same manner as
Federal inmates in correctional institutions operated or contracted by the BOP.
This will occur after BOP's capacity has been increased through new construction
at Lorton and other locations selected by BOP, and through renovation of existing
facilities at Lorton, Virginia. After October 1,2001, the BOP will also designate to
Federal correctional institutions sentenced D.C. felons in the custody of the D.C.
Department of Corrections, as the Director of BOP deems appropriate, in
accordance with available capacity, until they have all been designated to Federal
institutions. The BOP will accept employment applications from persons currently
employed by the D.C. Department of Corrections for existing BOP vacancies, and
will process such applications in accordance with existing Federal procedures and
standards.
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The Attorney General will select, after consultation with the Mayor, the D.C. City
Council, and the Chair of the D.C. Financial Responsibility and Management
Assistance Authority, a Trustee to oversee operations of the D.C. Department of
Corrections until the BOP assumes responsibility for all incarcerated District felons.
The Federal and District governments will develop and implement a framework for
changes to the D.C. sentencing system, including the abolition of parole, institution of
determinate guideline sentencing and the enactment of the new mandatory minimum drug
sentences, which are a prerequisite for the Federal government accepting responsibility
for the incarceration of felons convicted of D.C. Code violations. The sentencing system
will be enacted within 24 months, or the Federal government will not be required to
obligate any funds appropriated for the purpose of incarcerating D.C. Code felons and
will have no responsibility for housing such persons. .
Consulting with representatives of the Federal and District judiciary, the Federal
and District governments will also develop and implement a transition plan
transferring responsibility for D.C. Code violation offender pretrial, public defender,
parole, probation, and post-adjudication/post-conviction adult offender supervision
from the District government to the Federal government over a three-to-five-year
period. The United States Parole Commission will continue to assume
responsibility for all D.C. felons housed in Federal Correctional Instituti~ns who
have sentences subject to provisions of parole.
The Federal government will take direct responsibility (in consultation with the
D.C. judiciary) for funding the D.C. court system and related services (including
plans relating to retirement benefits and other personnel matters), and establishing
an independent budgetary, financial oversight, and administrative support system for the
D.C. courts. The Courts will remain self-managed, and District involvement in the
selection and review of D.C. judges will not be diminished.
s. Economic Development. The Federal government will assist the economic development
of the District of Columbia in three ways:
First, a new economic development corporation CEDC) will be established as a public
authority of the District of Columbia, with the mission of revitalizing the nation's capital
city and benefitting the District's residents and businesses. The EDC will be governed
by a board of directors consisting of nine voting members. S* Five of the board
members will be appointed by the President in consultation with the Congress. Of those
s* five, four will be selected from the for-profit business community, and !we onc will
be selected from.Jl community-based organizations. One of the board members will be
appointed by the Mayor with the advice and consent of the Council, fi"om the for-profit
business communitv or from a eommunitv-based organization. All six of the appointed
board members will be persons who either maintain a primary residence or have a
primary place of business in the District. The remaining three board members will be ex
officio members, one chosen by the President from the Federal government, a second
who will be the Mayor or such alternatives as the Mayor may from time to time designate
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to serve as the Mavor's representative. and a third who will be the Council Chairman's
representative. ehoseR by the Mayor from the Distriet govemmeRt, ami a third ehoseR by
tHe GOl:lfleil from tHe Distriet governmeRt. The EDC will be run by a Chief Executive
Officer and served by a professional staff. The EDC will receive an initial capitalization
of Federal funds.
The EDC will evaluate existing economic development plans and will give expedited
consideration to applications for financial assistance for projects contemplated by existing
plans that the EDC adopts. The EDC will establish a comprehensive strategic plan for
economic development and will consult with the rest of the District government in doing
so. The EDC will provide financial assistance for economic development projects,
directly or in participation with other sources of financing, by making loans, equity
investments, and grants, but not guarantees; by leasing or conveying land; by allocating
tax credits for qualified equity investments and loans; by issuing tax-exempt private
activity bonds for certified qualified projects; and by issuing project revenue obligations
for any economic development project that it approves. All EDC projects will he
required to complv with applicable Federal and District law. The EDC will have tfle
pewer limited powers to acquire property through condemnation by eminent domain in
the name ofthe District of Columbia and furtherance of ils statutory objectives.
Second, the Federal government will provide $250 million in tax incentives to encourage
business investment both downtown and in distressed communities, and to help
businesses increase employment of residents of the District. There will be a new 40
percent tax credit on the first $10,000 of eligible wages in the first year of employment
for employers in the District that hire certain residents of the District. Businesses that
have a significant portion of their activities in higher poverty areas of the District and that
have a work force at least 35 percent of which is made up of District residents will be
eligible for expensing (rather than capitalizing) an additional $20,000 of business
equipment and machinery acquired each year. The EDC will be authorized to issue
tax-exempt private activity bonds to finance a broader range of business property than
under existing District law if the business is located in a higher poverty area of the
District and has a work force at least 35 percent of which is made up of District residents.
The EDC will be authorized to allocate $95 million in tax credits for investors in, or
lenders to, District businesses for up to 25 percent of the amount invested or loaned.
Third, the District government's borrowing authority will be improved by removing
impediments in its borrowing statutes so that the District government will have the same
legal capacity to finance projects similar jurisdictions have.
These provisions will be undertaken in a manner consistent with a legislative outline
being developed with the District.
6. Infrastructure. The Department of Transportation will assume responsibility for the
funding and oversight of certain National Uighway System (NUS) capital projects
(including roads, bridges, and transit) and NUS operations and maintenance
projects (excluding police authority, National Park Service roads, and transit) in
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consultation with the District. The District will select the NHS projects to be
funded and the Secretary of Transportation will review the District's project
selections in accordance with Title 23 planning procedures. Contract
administration will be performed by the Federal Highway Administration. In
addition, eligibility for Surface Transportation Program (STP) funds will be
expanded to include local public roads. To support NHS projects, the National
Capital Infrastructure Fund (NCIF) will be established in FY1998 with $108 million
for road, bridge, and transit capital projects. An additional $17 million will be
provided in FY1998-03 for NHS operations and maintenance. Federal-aid funds
for the District's NHS, Interstate Maintenance, and Bridge programs will be
transferred to the NCIF in FYI998-03. The Administration also proposes that the
NCIF be authorized to accept contributions from other sources.
I 7. Personal Income Tax CeilecR6H Administration. At the request of, and at no cost to, the
District, the Internal Revenue Service will assume responsibility from the District of
Columbia for administering and/or enforcing D.C. individual income and payroll taxes.
This wetild petefltially ifleltide the proeessiflg ef these taxes paid by ifldividtials, as "Yell
as the paymeflt ef related empleymeflt afld payroll truces. The District government will
maintain processing and collection responsibility for all other taxes.
Both during the drafting and upon enactment of the legislation to implement the Plan, the
parties to the MOU will review the legislation and confer on whether any revisions to the MOU
are necessary to ensure its consistency with the legislation.
SECTION V. DISTRICT CONDITIONS
The District government understands that it will be expected to undertake significant
actions as part of the National Capital Revitalization and Self-Government Improvement Plan
(the "Plan"). This section sets out the actions that the District government agrees to take as a
condition of the Federal governmentactions under the legislation to carry out the Plan.
1. Medicaid. The District agrees to develop and implement plans satisfactory to the
Secretary of Health and Human Services to accomplish each of the following:
1.1. To develop an effective system for the identification and collection of amounts owed by
third parties for medical care and services furnished to individuals under the District's
Medicaid plan.
1.2. To ensure the timely audit and settlement of cost reports of institutional providers
(including hospitals, nursing facilities, and intermediate care facilities for the mentally
retarded) under the District's Medicaid plan, including prompt elimination of the backlog
of such audits and settlements.
1.3. To develop and implement, directly or under contract, a comprehensive health care
management information system that will standardize data base development and
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management, and integrate health care delivery with a public health data system. Such a
system shall at a minimum have the capacity to accomplish the following functions:
1.3.1. To assist with eligibility verification;
1.3.2. To create utilization and financial profiles of providers;
1.3.3. To identify services (including preventive services) received by program beneficiaries;
1.3 A. To monitor the claims processing and other Medicaid operations of the fiscal agent;
1.3.5. To monitor the quality of care provided under managed care contracts; and
1.3.6. To coordinate information management with respect to the District's Medicaid program
and other public health programs and functions.
104. To develop a comprehensive behavioral managed health care system, which combines
substance abuse and mental health grant programs. Development of such a plan shall
include a pilot project for better evaluation of in-patient acute psychiatric patient
admissions, and the purchase of a comprehensive, risk-based system for managed care of
behavioral health which covers all eligible populations and services.
2. Pensions. The District Government agrees: (see Appendix One for definitions)
2.1. To establish a Replacement Plan for the current Retirement Program
2.1.1. The Replacement Plan will cover all existing and new employees (except for judges) who
are, or would be, covered by the Retirement Program, if the Retirement Program
continued unchanged, and will be established by the date specified in legislation.
2.1.2. To the extent required by current law, the Replacement Plan will be established through
collective bargaining.
2.1.3. After the Adoption Date, the Replacement Plan may not be amended in any manner that
materially increases the cost of the Replacement Plan without provision of a mechanism
for funding such increases, in accordance with Section 2.2.
2.2 That the Replacement Plan will use appropriate funding methods and costs that do not
exceed the sum available in the District of Columbia Budget and Financial Plan.
2.2.1. The cost of any defined benefit plan will be determined in accordance with the
measurement standards of Governmental Accounting Standards Board Statement No. 27
(GASB 27), with the following additional restrictions:
2.2.1.1. funding methods will be limited to entry age or frozen entry age; and
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2.2.1.2. amortization of any unfunded actuarial liability is required over no more than 30
years on a closed basis.
2.2.2. The cost of any defined contribution plan is the employer contribution required under the
provisions of the plan.
2.2.3. All costs of the Replacement Plan must be reflected in the D.C. Budget and Financial
Plan in accordance with the standards described above.
2.2.4. All costs of the Replacement Plan must be paid in accordance with the D.C. Code'1981,
Title 1, Chapter 7, subchapter III.
2.2.5. Contributions of all existing and new employees (except judges) will be paid into the
Replacement Plan.
2.3. To transfer copies of books and records of the Retirement Program and the Fund and to
be financially responsible for errors and omissions, including all necessary records of
individual employees.
2.3.1. Copies of any books and records pertaining to the Retirement Program and the Fund
required by the Secretary of the Treasury or the Trustee must be. made available to the
Secretary or Trustee within 30 days after the Secretary or Trustee requests them.
2.3.2. The District will reimburse the Trustee for all costs, including benefit payments, resulting
from errors or omissions in the books and records pertaining to the Fund.
2.4. To transfer assets from the Fund
2.4.1. Any and all assets of the Fund required to be transferred to the Trustee shall be
transferred on the Transfer Date in a form specified by the Trustee.
2.4.2. The District of Columbia Retirement Board will administer the retirement programs until
the Trustee assumes these responsibilities. The District government will reimburse the
Fund for any benefits paid out of the Fund between the Freeze Date and the transfer date
that exceed payments that would have been the responsibility of the Federal government
if the transfer had occurred simultaneously with the freeze.
2.4.3. A significant amount of assets will be left with the District of Columbia to fund the
I benetits of participants in the District's plans and to reduce its annual contribution.
3. Treasury Loans to Eliminate the Deficit. The District agrees that:
3.1. Any Treasury loan to eliminate the accumulated fund balance deficit would be for no
more than 15 years, with an interest rate equal to the prevailing yield on outstanding
Treasury marketable securities of comparable maturities plus 1/8 of one percent.
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3.2. The combined amount of the Treasury loans to eliminate the accumulated fund balance
deficit and to manage its liquidity position will not exceed the amount of $500 million,
except for intra-year loans.
3.3. The Secretary of the Treasury may require early reimbursement if the District can obtain
credit in the commercial market on reasonably rbcnetician terms for refinancing as
determined by the Secretary.
3.4. Before any lending may occur, the District must provide a requisition for an advance
of funds and a promissory note to reimburse the Treasury for the Advance, in forms
satisfactory to the Secretary of the Treasury.
I 3.5. Before any lending mav occur. the Treasury shall consider the impact of sLlch lending on
the District's obligations to District bond and note holders.
3.6. Before any lending may occur, the Secretary of the Treasury must receive
certifications from the Financial Responsibility and Management Assistance
Authority and the District of Columbia Inspector General that there is an approved
Budget and Financial Plan in effect for the District for the Fiscal Year in which the
requisition is made, that the District is in compliance with the Authority-approved
Budget and Financial Plan, and that the borrowing and repayment of the loan is
consistent with the Authority-approved Budget and Financial Plan.
3.7. Before any lending can occur, the Secretary of the Treasury must receive
certifications from the District government and the Financial Responsibility and
Management Assistance Authority that the District is unable to obtain enough credit
elsewhere to meet the District government's need for financing.
3.8. The Federal government will work with the District government to amend its general
obligation debt limit provisions in order to allow implementation of the District's capital
plan in an orderly and sustainable manner.
4. Criminal Justice. This subsection of the Memorandum of Understanding (MOU)
between the Federal government and the District of Columbia government (D.C.) outlines the
offer of the Federal government, conditioned wholly on appropriations and D.C.'s acceptance and
satisfaction of all other conditions and predicates identified and described herein, to assist D.C. by
assuming responsibility for certain traditionally State responsibilities and the conditions that D.C.
must agree to and fulfill should it choose to accept that offer as it relates to criminal justice
functions, including, but not limited to, certain defendant and offender services, corrections and
the judiciary. The MOU sets forth the expectations and responsibilities relating to proposed
changes and reforms in the D.C. criminal justice and judicial system and the procedures
(including new statutory and regulatory provisions) the Federal government and D.C. will use to
implement the MOU. In particular, the MOU is designed to:
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4.i. provide a framework for changes to the D.C. sentencing system, including the abolition
of parole, institution of determinate guideline sentencing and the enactment of the new
mandatory minimum drug sentences, which are a prerequisite for the Federal government
accepting responsibility for the incarceration of felons convicted of D.C. Code violations.
4.ii. ensure that such sentencing system is to be enacted within 24 months after funding has
been provided, or the Federal government will not be required to obligate any funds
appropriated for the purpose of incarcerating D.C. Code felons and will have no
responsibility for housing such persons.
4.iii. ensure an appropriate transfer and transition of responsibility from D.C. to the Federal
government for pretrial, public defender, parole, probation, and post-conviction
supervision and services for adult D.C. Code defendants and offenders.
4.iv. ensure an appropriate transfer of responsibility from D.C. to the Federal government for
the incarceration of sentenced felons convicted of D.C. Code violations, assuming
sufficient resources are provided by Congress to develop necessary bed space to
accommodate the resulting increase in the Federal Bureau of Prisons (BOP) population
and D.C. Code violators are designated in the same manner as Federal inmates.
4.v. provide the basis for establishing an independent budgetary, financial oversight, and
administrative support system for the D.C. courts.
4.vi. define the respective roles of the D.C. and Federal Governments in relation to lawsuits
and resulting liability, as they may be affected by the reforms agreed to in this MOU.
4.vii. ensure the development by D.C. and the Federal Governments of transition plans
4.vii.a. (in consultation with the Federal and D.C. judiciaries) for transferring
responsibility for pretrial, public defender, parole, probation, and
post-conviction supervision and services for adult D.C. Code defendants
and offenders over a transition period of one to three years from the
enactment of the federal implementing legislation.
4.vii.b. for transferring responsibility for incarcerating sentenced felons convicted of D.C.
code violations over a period of approximately three to five years.
4.vii.c.(in consultation with the D.C. judiciary) for transferring responsibility for funding
the D.C. court system and related services, including plans relating to
retirement benefits and other personnel matters.
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4.vii.d. for transferring control of the property at Lorton, Virginia to the Federal
Government.
4.1. Administration of District of Columbia PretriaL Parole, Probation, and Post-Conviction
Offender Supervision, Housing, and Public Defender Services
4.1.1. Federal Government Responsibilities
4.1.1.1. After consultation with the Mayor of D.C., representatives of the D.C. Council,
the Chairman of the D.C. Financial Responsibility and Management
Assistance Authority (Financial Authority), and members of the affected
Federal and D.C. judiciaries, the Attorney General will select an Offender
Supervision, Defender and Courts Services Trustee to:
a) assure the smooth transition and continued operations of D.C.'s
Pretrial Services Agency and Public Defender Service;
b) implement an orderly shutdown of the D.C. Board of Parole in
coordination with the U.S. Parole Commission and the Superior
Court for the District of Columbia;
c) establish and operate a new D.C. Offender Supervision, Defender
and Courts Services Agency; and
d) accomplish, without disruption of services, the transfer of the adult
offender probation supervision functions of the D.C. Courts Social
Services Division,
until the Federal government assumes responsibility for each of these
functions.
4.1.1.2. During the transition period, under the general auspices of the Trustee, the D.C.
Pretrial Services Agency will continue uninterrupted to provide services
and support for both juvenile and adult D.C. Code and Federal defendants
and offenders to the U.S. District Court for the District of Columbia, the
U.S. Court of Appeals for the District of Columbia, the Superior Court for
the District of Columbia, and the District of Columbia Court of Appeals.
The Director of Pretrial Services may employ such personnel as shall be
necessary pursuant to procedures and standards established by the Trustee
to facilitate transition to Federal status.
4.1.1.3. Following the transition period, the D.C. Pretrial Services Agency and the
D.C. Public Defender Service will be organizationally housed in a part of a
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new Federal D.C. Offender Supervision, Defender and Courts Services
Agency.
4.1.1.4. The D.C. Board of Parole will be terminated after the Trustee establishes a
transition agency with the capacity to provide adequate field supervision to
adult D.C. offenders on parole, probation or supervised release, and the
U.S. Parole Commission is capable of carrying out parole functions for
D.C. Code felony offenders. Subject to appropriations, the D.C. Board
of Parole's functions and jurisdiction vis a vis felon parolees will be
assumed by the U.S. Parole Commission. Similarly, its functions and
jurisdiction vis a vis misdemeanant parolees will be assumed by the D.C.
court system. Substantive D.C. law will continue to apply to parole
determinations for all D.C. Code offenders. The District of Columbia
Superior Court Division of Social Services will continue to provide
supervision to D.C. Code juvenile offenders and will assume responsibility
for the supervision of misdemeanant parolees.
4.1.1.5. The Tmstee will accept employment applications for new offunder field
supeFISlOn positions in the transition agency from persons currently
employed by the D.C. court system and the D.C. Eoard of Parole.
Applications will be processed in accordance with procedures and
standards established by the Trustee to facilitate transition to subsequent
federal law enforcement employment in the successor Offunder
Supervision, Defunder and Courts Services Agency. Positions 'Nill be
advertised prior to hiring.
4.1.1.5. The Trustee will accept employment applications for new offender field
supervision positions in the transition agency from persons who are
currently emploved bv the District of Columbia Board of Parole or in
offender supervision-related capacities by the District of Columbia Court
System. Oualified, experienced personnel will be essential to an effective,
timelv transition and will receive priority consideration. Applications will
be processed in accordance with procedures and standards established bv
the Trustee to facilitate transition to subsequent Federal Javv' enforcement
employment in the successor Oflender Supervision, Defender, and Courts
Services Agency. Positions will be adyertised prior to hiring to assure
notice to all interested D.C. agency personnel.
4.1.1.6. During the transition period, the Federal government will transfer funds for the
Pretrial Services Agency, the Public Defender Service and the supervision
of D.C. offenders to the Trustee. The head of any Federal department or
agency may provide the services of any personnel on a reimbursable basis
to the Trusteeship to assist in carrying out the Trustee's duties.
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4.1.1.7. During the transition period, under the general auspices of the Trustee, the Public
Defender Service will continue uninterrupted to provide services to D.C.
Code defendants and the D.C. court system. The Director of the Public
Defender Service may employ such personnel as shall be necessary
pursuant to procedures and standards established by the Trustee to facilitate
transition to Federal status.
4.1.1.8. During the transition period, the employees of and funds allocated to the Trustee
and the agencies for which the Trustee is responsible shall not be counted
against the personnel and budget ceilings imposed on D.C. by the
Financial Authority or Congress.
4.1.1.9. The U.S. Marshals Service (USMS) will contract with D.C., at a mutually
agreeable rate, to obtain space not needed by D.C. at D.C.'s Correctional
Treatment Facility (CfF) , to house persons in the custody of the USMS
for whom the USMS requires bed space in the D.C. area.
4.1.1.10. Subject to appropriations, the Federal government will provide funds to
support the D.C. Board of Parole functions during the one to three year
transition period culminating in the termination of the D.C. Board of
Parole.
4.1.2. District of Columbia Responsibilities
4.1.2.1. The District of Columbia will maintain responsibility for all D.C. Code juvenile
offenders not prosecuted as adults.
4.1.2.2. The District of Columbia will have responsibility for housing and superviSIng
persons charged with and/or convicted of misdemeanor violations in the
Superior Court for the District of Columbia, both before and after
sentencing.
4.1.2.3. The District of Columbia will continue to house persons charged with felonies
under the D.C. Code and persons convicted of felonies under the D.C.
Code but not yet sentenced, in the Superior Court for the District of
Columbia. To the extent beds are available, D.C. will continue to
house persons charged with felonies under the U.S. Code, and persons
convicted of felonies under the U.S. Code but not yet sentenced in the
U.S. District Court. D.C. will continue to receive reimbursement, at a
mutually negotiated rate, from the Federal government for the costs of
housing such persons. "House" and "housing" include subsistence,
transportation of persons to and from court appearances, revocation
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hearings, medical facilities, and the maintenance of necessary prisoner
records.
4.1.2.4. The District of Columbia will continue to house persons sentenced by the
Superior Court and detained pending a hearing for revocation of parole,
probation, or supervised release, and will provide suitable facilities for such
hearings. To the extent beds are available, D.C. will house persons
sentenced by the U.S. District Court and detained pending a hearing for
revocation of parole, probation, or supervised release, will provide suitable
facilities for such hearings, and will continue to receive reimbursement by
the Federal government at a mutually negotiated rate for the costs of
housing such persons and for providing such facilities. "House" and
"housing" include subsistence, transportation of persons to and from court
appearances, revocation hearings, and medical facilities, and the
maintenance of necessary prisoner records.
4.1.2.5. The Trustee will be an independent officer of the D.C. Government and can be
removed by the Mayor only with the concurrence of the Attorney General.
The .Attorney General has authority to remove the Trustee only for
misfeasance or malfeasance in office.
4.1.2.6. The Trustee will propose funding requests for offender supervision and services
for inclusion in the President's budget for each Fiscal Year of the transition.
4.1.2.7. The Trustee will allocate funds for offender supervision (including adult felon
parole and probation) in D.C., including funds for short term
improvements, equipment contracts, and salary increases necessary to retain
key personnel, maintain and enhance current levels of service, including
offender drug testing, and provide for the safety and security of the
community.
4.1.2.8. Upon receipt of funds identified by Congress or other entities for Pretrial Services,
the Trustee will immediately transfer such funds to the Pretrial Services
Agency.
4.1.2.9. Upon receipt of funds identified by Congress or other entities for the D.C. Public
Defender Service, the Trustee will immediately transfer such funds to the
Public Defender Service.
4.1.2.10. Effectively immediately and in view of the responsibility to be undertaken
by the U.S. Parole Commission to carry out the functions of the D.C.
Board of Parole pursuant to the parole laws and regulations of D.C., the
D.C. Council will not enact legislation that changes or modifies parole
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laws and regulations as applicable to felony offenders without the
concurrence of the Attorney General. D.C. will immediately take steps to
modify parole as applicable to misdemeanants to provide for D.C. court
supervision of D.C. misdemeanant parolees and the elimination of the
D.C. Board of Parole. following the assHmtJtion by the u.s. Parole
Commission of the fHnctions of the D.C. Board of Parole, the D.C.
COHncil will cede to Congress the sole aHthority to legislate changes to the
D.C. Code tJertaining to the tJarole of D.C. felony offenders.
4.1.2.11. It is expected that the transition period for these offender, defender and
court services will end no sooner than one year but not later than three
years after the enactment of the related legislation.
4.1.2.12. The D.C. Corporation Counsel will provide representation for the Trustee
and Trustee supervised agencies. (see litigation and liability section)
4.2. Administration of District of Columbia and Federal Prisons
4.2.1. Federal Government Responsibilities
4.2.1.1. The Federal government will take administrative control of the nine parcels of
land, collectively located at or in the vicinity of Lorton, Virginia (lithe
Lorton property"), and other appropriate sites. After the BOP's .capacity
has been increased through renovation of existing facilities and new
construction at the corrections complex in Lorton and other locations
selected by BOP, BOP will house felons who were convicted of D.C.
Code violations and sentenced to terms of imprisonment. (A recently
completed Congressionally mandated study of the D.C. Department of
Corrections revealed that most of the institutions at Lorton have exceeded
their useful lifespan and need major renovations or demolition.)
4.2.1.2. BOP will conduct a thorough preliminary assessment of the Lorton property
to determine its environmental condition, including a study of the
contamination on the property and an estimation of the costs
associated with bringing the property into compliance with
environmental and other applicable regulations. Based on
preliminary information gathered pursuant to a review of the
environmental conditions of a portion of the Lorton property, BOP
could begin planning for renovation and construction immediately;
actual physical renovations would not begin until Fiscal Year 1998.
The estimated date for the completion of the preliminary
environmental assessment process is March 21, 1998.
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4.2.1.3. BOP will oversee the operation of community corrections centers in
D.C. as necessary to provide an appropriate transition for inmates
who are nearing release from Federal prisons, including those
convicted of D.C. Code violations. BOP intends to use existing
community corrections centers in D.C. to the extent practicable and
will work with D.C. officials to identify prospective sites, as needed to
establish new community corrections facilities.
4.2.1.4. D.C. Code offenders will be housed together with Federal offenders in
facilities operated by BOP in Lorton, Virginia and elsewhere. Every
effort will be made to house D.C. felons at facilities as close to D.C. as
permitted by inmate program and security needs and BOP population
management requirements. D.C. felons will be designated in the
same manner as Federal inmates, and ordinarily initially assigned to
institutions located within a 500-mile radius of their release residence.
BOP anticipates that many of the initial designations for D.C.
offenders will be within a significantly closer radius. BOP also will
work with D.C. officials to identify sites for possible Federal
correctional facility construction within D.C.
4.2.1.5. During the transition period, based upon assurances from D.C. that
felons convicted of violating the D.C. Code will, in the future, receive
sentences similar to those received by comparable offenders convicted
of comparable Federal offenses, BOP will house those sentenced D.C.
felons in the custody of the D.C. Department of Corrections as the
Director of the BOP deems appropriate in accordance with available
capacity. If such a new structure for sentencing under the D.C. Code
is in place as of October 1, 2001, BOP will accept D.C. felons
sentenced under the new sentencing structure in accordance with the
capacity of BOP. By October 1, 2002, and assuming fulfillment of all
requisite conditions, BOP will have assumed responsibility for
incarcerating all sentenced D.C. felons.
4.2.1.6. BOP will accept employment applications from persons currently
employed by the D.C. Department of Corrections for BOP vacancies
and will make hiring selections in accordance with existing Federal
procedures and standards. Qualified, expcrienced personnel will
recciyc priority consideration. Positions for new BOP facilities will
be advertised prior to hiring to assure notice to all interested D.C.
agency pcrsonncl.
4.2.1.7. After consultation with t~e Mayor, representatives of the D.C.
Council, the Chair of the Financial Authority, members of the
judiciary and others, the Attorney General will select a Corrections
Trustee to oversee expenditures of the D.C. Department of
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Corrections relating to sentenced, incarcerated felons, until BOP
assumes responsibility for all incarcerated sentenced D.C. felons.
4.2.1.8. To the extent authorized by law, the Federal government will provide
funds for the incarceration of sentenced D.C. felons through the
Trustee to the D.C. Department of Corrections. The head of any
Federal department or agency may provide on a reimbursable basis
the services of any personnel to the Trustee to assist in carrying out
the Trustee's duties.
4.2.1.9. Of the Federal funds received by the Trustee, the Trustee will
reimburse BOP for those funds identified by Congress to be used for
the construction of new facilities and the major renovation of existing
facilities. BOP will be responsible and accountable for determining
how these funds will be used, including the type, security level, and
location of new facilities.
4.2.1.10. During the transition period, the employees of and appropriations
allocated to the Trustee and the agencies for which the Trustee is
responsible shall not be scored or counted against the personnel and
budget ceilings imposed on D.C. by the Financial Authority or
Congress.
4.2.2. District of Columbia Responsibilities
4.2.2.1. Offenders convicted of D.C. Code violations will be sentenced
pursuant to a new D.C. sentencing system, described below. BOP
shall not be required to obligate any funds appropriated for the
absorption of D.C. Code felons into the Federal prison system and will
have no responsibility to house any persons convicted of felony
offenses, if the new sentencing system is not enacted within 24 months
of the authorizing legislation's enactment.
4.2.2.2. D.C. will continue to house felons sentenced to terms of imprisonment
by the Superior Court for the District of Columbia until such persons
have been designated by BOP. To the extent beds are available, D.C.
will continue to house felons sentenced to terms of imprisonment by
the U.S. District Court until such persons have been designated by
BOP and will continue to receive reimbursement by the Federal
Government, at a mutually negotiated rate, for costs of housing
persons sentenced by the U.S. District Court.
4.2.2.3. The Trustee will be an independent officer of the D.C. government
and can be removed by the Mayor only with the concurrence of the
Attorney General. The Attorney General has authority to remove
the Trustee only for misfeasance or malfeasance in office.
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4.2.2.4. The Trustee will propose funding requests for the incarceration of
sentenced D.C. felons, for inclusion in the budget submitted by the
President to Congress for each Fiscal Year of the transition.
4.2.2.5. The Trustee will allocate funds to the D.C. Department of
Corrections, including such sums as may be appropriated for short
term improvements that are necessary for the safety and security of
staff, inmates, and the community.
4.2.2.6. The D.C. Department of Corrections will implement the short term
improvements in physical security identified in the "District of
Columbia Department of Corrections Short-Term Improvements Plan
(September, 1996)."
4.2.2.7. Upon receipt of Federal funds identified by Congress for constructing
new prisons and making major renovations to existing facilities for
the incarceration of D.C. f~lons, the Trustee will. immediately
reimburse BOP for such funds.
4.2.2.8. The D.C. Corporation Counsel will provide representation for the
Trustee and Trustee supervised agencies. (see litigation and liability
section)
4.2.2.9. During the transition, D.C. will transfer custody and control of the
property at Lorton, Virginia to the Federal Government, though the
D.C. Department of Corrections may continue to house D.C. felons at
facilities located at Lorton until such time as BOP absorbs such
offenders into the Federal prison system.
4.3. Sentencing. The District of Columbia understands and agrees that the D.C. sentencing
system will be changed pursuant to proposed legislation in the following manner:
I 4.3.1. Congress will amend tIhe D.C. Code will be amended to abolish parole for all
persons convicted of D.C. felony offenses committed on or after three years from
the enactment of the Federal authorizing legislation.
I 4.3.2. Congress will amend tIhe D.C. Code will be amended so that good time
calculations for all persons convicted of D.C. felony offenses committed on or after
three years from the enactment of the Federal authorizing legislation will be made
according to the Federal requirements.
4.3.3. Congress will establish a new D.C. Board of Criminal Sentences (the Board) as an
independent body within the D.C. Government. All persons convicted of D.C.
felonies committed on or after three years from the enactment of the Act will be
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sentenced according to a determinate sentencing system promulgated by the Board
and transmitted by the Board to the D.C. Council no later than 18 months after
enactment of the Federal authorizing legislation.
4.3.4. The Board will develop a sentencing system which shall include binding
guidelines and may include such amendments or repeals of provisions in the D.C.
Code relating to the maximum and minimum prison terms as are necessary to
accomplish the purposes of the Act. Ninety days after the Board promulgates
and transmits the sentencing system to the D.C. Council, the sentencing system, its
guidelines, amendments and repeals will become effective unless disapproved in its
entirety bv an Act of a majority of the Council. If disapproved by the Council,
the system may be enacted by Congress.
4.3.5. The promulgated sentencing system will supersede any inconsistent provision of
the D.C. Code.
4.3.6. Congress ',."iII repeal certain other proisions of the D.C. Code will be to conform
with the new sentencing system (D.C. Code Title 24, Chapters 2 and g),
including the Youth Rehabilitation Act. Provisions of the D.C. Code that do not
conform with the new sentencing svstem will be amended or repealed to conf(xm
with the new sentencirU'" system.
I 4.3.7. Congress will amend D.C. Code Title 33, Section 541 will be amended to adopt
certain mandatory penalties necessary to further the Superior Court of the District
of Columbia's Drug Intervention Program and effective local law enforcement.
The new sentencing system will incorporate these mandatory penalties, thereby
excluding local narcotics offenses from the mandate that sentences be similar to
those that would be imposed upon comparable offenders in the Federal system.
4.3.8. The Board will not have the authority to provide for capital punishment under any
law applicable exclusively in D.C.
4.3.9: The Board will have seven voting members. All the members of the Board shall
have knowledge and responsibilities with respect to criminal justice matters. The
Attorney General (or the Attorney General's designee) will chair the Board. The
other members will include two judges of the Superior Court for the District of
Columbia and one representative each of the following entities: the D.C. Council,
the Executive Branch of the D.C. Government, the D.C. Public Defender Service,
and the U.S. Attorney for the District of Columbia. One representative each of
the D.C. Corporation Counsel and BOP will serve as non-voting, ex officio
members.
4.3.10. An affirmative vote of at least six Board members will be necessary to promulgate the
sentencing system.
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4.3.11. In developing the sentencing system, the Board will hold two or more public hearings,
review other sentencing guideline system models, consult with sentencing reform
experts, and solicit written comments from the public.
4.3.12. If the Board fails to promulgate a sentencing system within 18 months, the Board will
terminate, and the Attorney General will develop a sentencing system to be
transmitted to the D.G Council for approval. Ninety days after the Attorney
General transmits the sentencing system to the D.G Council, the sentencing
system, its guidelines, amendments, and repeals will become effective, unless an
Act of the Council disapproves the system in its entirety and Congress, in turn,
does not approve it.
4.3.13. The Board will have the mandate to ensure that the sentencing system it establishes,
among other things:
4.3.13.1. will result in sentences for those convicted of D.G felony offenses similar
to those that would be imposed upon comparable offenders convicted of
comparable offenses in the Federal system;
4.3.13.2. will result in sentences that reflect the seriousness of the offense and
provide for just punishment, afford adequate deterrence to potential future
criminal conduct of the offender and others, and provide the defendant
with needed educational or vocational training, medical care, and other
correctional treatment;
4.3.13.3. will provide certainty and fairness in meeting the purposes of sentencing,
avoiding unwarranted sentencing disparities among similar defendants,
while maintaining sufficient flexibility to permit individualized sentences;
4.3.13.4. will take into account the high volume of sentencing proceedings in the
D.G Superior Court as bearing upon the degree of complexity of the
sentencing system; and
4.3.13.5. will ensure that the system is neutral as to the race, sex, marital status,
ethnic origin, religious affiliation, national origin, creed, socioeconomic
status, and sexual orientation of offenders, if not related to the commission
of the offense.
4.3.14. As part of the sentencing system, the Board will develop binding guidelines for use in
determining the sentence to be imposed upon convicted felons. The guidelines
will specify:
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4.3.14.1. when to impose a sentence of probation, a fine, or a term of imprisonment
and the appropriate amount or length, thereof, as well as intermediate
sanctions;
4.3.14.2. when to impose a term of supervised release following imprisonment, and
the appropriate length, thereof; and
4.3.14.3. whether multiple sentences to terms of imprisonment should run
concurrently or consecutively.
4.3.15. Ninety days after promulgation of the sentencing system, the Board will be terminated.
There will be established a successor, federally funded agency to amend the
guidelines as necessary to achieve the purposes of the' Act. The D.C. Council
may recommend to Congress ,.... hether or not these amendments should be
approved. However, the amendments will take effect as prescribed by the
successor agency, unless they are modified or disapproved by Congress. The
successor agency ,.... ill have no po'....ers to revise the D.C. Code but will
recommend changes to the Code as may be necessary to further the purposes of
the Act.
Ninety deWS after promulgation of the sentencing system, The Board shall
terminate. There will be established a successor, federally-funded agencv. The
successor
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