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THE DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 1998
(Senate - November 09, 1997)
Text of this article available as:
[Pages S12315-S12391]
THE DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 1998
______
STEVENS (AND BYRD) AMENDMENT NO. 1621
Mr. STEVENS (for himself and Mr. Byrd) proposed an amendment to the
bill (H.R. 2607) making appropriations for the government of the
District of Columbia and other activities chargeable in whole or in
part against the revenues of said District for the fiscal year ending
September 30, 1998, and for other purposes; as follows:
Strike all after the enacting clause and insert the
following:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the several
departments, agencies, corporations and other organizational
units of the Government for the fiscal year 1998, and for
other purposes, namely:
DIVISION A--DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 1998
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the District of
Columbia for the fiscal year ending September 30, 1998, and
for other purposes, to be effective as if it had been enacted
into law as the regular appropriations Act, namely:
TITLE I--FISCAL YEAR 1998 APPROPRIATIONS
FEDERAL FUNDS
Federal Payment for Management Reform
For payment to the District of Columbia, as authorized by
section 11103(c) of the National Capital Revitalization and
Self-Government Improvement Act of 1997, Public Law 105-33,
$8,000,000, to remain available until September 30, 1999,
which shall be deposited into an escrow account of the
District of Columbia Financial Responsibility and Management
Assistance Authority and shall be disbursed from such escrow
account pursuant to the instructions of the Authority only
for a program of management reform pursuant to sections
11101-11106 of the District of Columbia Management Reform Act
of 1997, Public Law 105-33.
Federal Contribution to the Operations of the Nation's Capital
For a Federal contribution to the District of Columbia
toward the costs of the operation of the government of the
District of Columbia, $190,000,000, which shall be deposited
into an escrow account held by the District of Columbia
Financial Responsibility and Management Assistance Authority,
which shall allocate the funds to the Mayor at such intervals
and in accordance with such terms and conditions as it
considers appropriate to implement the financial plan for the
year: Provided, That these funds may be used by the District
of Columbia for the costs of advances to the District
government as authorized by section 11402 of the National
Capital Revitalization and Self-Government Improvement Act of
1997, Public Law 105-33: Provided further, That not less than
$30,000,000 shall be used by the District of Columbia to
repay the accumulated general fund deficit.
Federal Payment to the District of Columbia Corrections Trustee
Operations
For payment to the District of Columbia Corrections
Trustee, $169,000,000 for the administration and operation of
correctional facilities and for the administrative operating
costs of the Office of the Corrections Trustee, as authorized
by section 11202 of the National Capital Revitalization and
Self-Government Improvement Act of 1997, Public Law 105-33.
Federal Payment to the District of Columbia Corrections Trustee for
Correctional Facilities, Construction and Repair
For payment to the District of Columbia Corrections Trustee
for Correctional Facilities, $302,000,000, to remain
available until expended, of which not less than $294,900,000
is available for transfer to the Federal Prison System, as
authorized by section 11202 of the National Capital
Revitalization and Self-Government Improvement Act of 1997,
Public Law 105-33.
Federal Payment to the District of Columbia
Criminal Justice System
(Including Transfer of Funds)
Notwithstanding any other provision of law, $108,000,000
for payment to the Joint Committee
[[Page S12316]]
on Judicial Administration in the District of Columbia for
operation of the District of Columbia Courts, including
pension costs: Provided, That said sums shall be paid
quarterly by the Treasury of the United States based on
quarterly apportionments approved by the Office of Management
and Budget, with payroll and financial services to be
provided on a contractual basis with the General Services
Administration, said services to include the preparation and
submission of monthly financial reports to the President and
to the Committees on Appropriations of the Senate and House
of Representatives, the Committee on Governmental Affairs of
the Senate, and the Committee on Government Reform and
Oversight of the House of Representatives; of which not to
exceed $750,000 shall be available for establishment and
operations of the District of Columbia Truth in Sentencing
Commission as authorized by section 11211 of the National
Capital Revitalization and Self-Government Improvement Act of
1997, Public Law 105-33.
Notwithstanding any other provision of law, for an
additional amount, $43,000,000, for payment to the Offender
Supervision Trustee to be available only for obligation by
the Offender Supervision Trustee; of which $26,855,000 shall
be available for Parole, Adult Probation and Offender
Supervision; of which $9,000,000 shall be available to the
Public Defender Service; of which $6,345,000 shall be
available to the Pretrial Services Agency; and of which not
to exceed $800,000 shall be transferred to the United States
Parole Commission to implement section 11231 of the National
Capital Revitalization and Self-Government Improvement Act of
1997.
DISTRICT OF COLUMBIA FUNDS
OPERATING EXPENSES
Division of Expenses
The following amounts are appropriated for the District of
Columbia for the current fiscal year out of the general fund
of the District of Columbia, except as otherwise specifically
provided.
Governmental Direction and Support
Governmental direction and support, $105,177,000 (including
$84,316,000 from local funds, $14,013,000 from Federal funds,
and $6,848,000 from other funds): Provided, That not to
exceed $2,500 for the Mayor, $2,500 for the Chairman of the
Council of the District of Columbia, and $2,500 for the City
Administrator shall be available from this appropriation for
official purposes: Provided further, That any program fees
collected from the issuance of debt shall be available for
the payment of expenses of the debt management program of the
District of Columbia: Provided further, That no revenues from
Federal sources shall be used to support the operations or
activities of the Statehood Commission and Statehood Compact
Commission: Provided further, That the District of Columbia
shall identify the sources of funding for Admission to
Statehood from its own locally-generated revenues: Provided
further, That $240,000 shall be available for citywide
special elections: Provided further, That all employees
permanently assigned to work in the Office of the Mayor shall
be paid from funds allocated to the Office of the Mayor.
Economic Development and Regulation
Economic development and regulation, $120,072,000
(including $40,377,000 from local funds, $42,065,000 from
Federal funds, and $37,630,000 from other funds), together
with $12,000,000 collected in the form of BID tax revenue
collected by the District of Columbia on behalf of business
improvement districts pursuant to the Business Improvement
Districts Act of 1996, effective May 29, 1996 (D.C. Law 11-
134; D.C. Code, sec. 1-2271 et seq.), and the Business
Improvement Districts Temporary Amendment Act of 1997 (Bill
12-230).
Public Safety and Justice
Public safety and justice, including purchase or lease of
135 passenger-carrying vehicles for replacement only,
including 130 for police-type use and five for fire-type use,
without regard to the general purchase price limitation for
the current fiscal year, $529,739,000 (including $510,326,000
from local funds, $13,519,000 from Federal funds, and
$5,894,000 from other funds): Provided, That the Metropolitan
Police Department is authorized to replace not to exceed 25
passenger-carrying vehicles and the Department of Fire and
Emergency Medical Services of the District of Columbia is
authorized to replace not to exceed five passenger-carrying
vehicles annually whenever the cost of repair to any damaged
vehicle exceeds three-fourths of the cost of the replacement:
Provided further, That not to exceed $500,000 shall be
available from this appropriation for the Chief of Police for
the prevention and detection of crime: Provided further, That
the Metropolitan Police Department shall provide quarterly
reports to the Committees on Appropriations of the House and
Senate on efforts to increase efficiency and improve the
professionalism in the department: Provided further, That
notwithstanding any other provision of law, or Mayor's Order
86-45, issued March 18, 1986, the Metropolitan Police
Department's delegated small purchase authority shall be
$500,000: Provided further, That the District of Columbia
government may not require the Metropolitan Police Department
to submit to any other procurement review process, or to
obtain the approval of or be restricted in any manner by any
official or employee of the District of Columbia government,
for purchases that do not exceed $500,000: Provided further,
That the Mayor shall reimburse the District of Columbia
National Guard for expenses incurred in connection with
services that are performed in emergencies by the National
Guard in a militia status and are requested by the Mayor, in
amounts that shall be jointly determined and certified as due
and payable for these services by the Mayor and the
Commanding General of the District of Columbia National
Guard: Provided further, That such sums as may be necessary
for reimbursement to the District of Columbia National Guard
under the preceding proviso shall be available from this
appropriation, and the availability of the sums shall be
deemed as constituting payment in advance for emergency
services involved: Provided further, That the Metropolitan
Police Department is authorized to maintain 3,800 sworn
officers, with leave for a 50 officer attrition: Provided
further, That no more than 15 members of the Metropolitan
Police Department shall be detailed or assigned to the
Executive Protection Unit, until the Chief of Police submits
a recommendation to the Council for its review: Provided
further, That $100,000 shall be available for inmates
released on medical and geriatric parole: Provided further,
That not less than $2,254,754 shall be available to support a
pay raise for uniformed firefighters, when authorized by the
District of Columbia Council and the District of Columbia
Financial Responsibility and Management Assistance Authority,
which funding will be made available as savings achieved
through actions within the appropriated budget: Provided
further, That, commencing on December 31, 1997, the
Metropolitan Police Department shall provide to the
Committees on Appropriations of the Senate and House of
Representatives, the Committee on Governmental Affairs of the
Senate, and the Committee on Government Reform and Oversight
of the House of Representatives, quarterly reports on the
status of crime reduction in each of the 83 police service
areas established throughout the District of Columbia:
Provided further, That funds appropriated for expenses under
the District of Columbia Criminal Justice Act, approved
September 3, 1974 (88 Stat. 1090; Public Law 93-412; D.C.
Code, sec. 11-2601 et seq.), for the fiscal year ending
September 30, 1998, shall be available for obligations
incurred under the Act in each fiscal year since inception in
fiscal year 1975: Provided further, That funds appropriated
for expenses under the District of Columbia Neglect
Representation Equity Act of 1984, effective March 13, 1985
(D.C. Law 5-129; D.C. Code, sec. 16-2304), for the fiscal
year ending September 30, 1998, shall be available for
obligations incurred under the Act in each fiscal year since
inception in fiscal year 1985: Provided further, That funds
appropriated for expenses under the District of Columbia
Guardianship, Protective Proceedings, and Durable Power of
Attorney Act of 1986, effective February 27, 1987 (D.C. Law
6-204; D.C. Code, sec. 21-2060), for the fiscal year ending
September 30, 1998, shall be available for obligations
incurred under the Act in each fiscal year since inception in
fiscal year 1989.
Public Education System
Public education system, including the development of
national defense education programs, $672,444,000 (including
$530,197,000 from local funds, $112,806,000 from Federal
funds, and $29,441,000 from other funds), to be allocated as
follows: $564,129,000 (including $460,143,000 from local
funds, $98,491,000 from Federal funds, and $5,495,000 from
other funds), for the public schools of the District of
Columbia; $8,900,000 from local funds for the District of
Columbia Teachers' Retirement Fund; $3,376,000 from local
funds (not including funds already made available for
District of Columbia public schools) for public charter
schools: Provided, That if the entirety of this allocation
has not been provided as payments to any public charter
schools currently in operation through the per pupil funding
formula, the funds shall be available for new public charter
schools on a per pupil basis: Provided further, That $400,000
be available to the District of Columbia Public Charter
School Board for administrative costs: Provided further, That
if the entirety of this allocation has not been provided as
payment to one or more public charter schools by May 1, 1998,
and remains unallocated, the funds shall be deposited into a
special revolving loan fund to be used solely to assist
existing or new public charter schools in meeting startup and
operating costs: Provided further, That the Emergency
Transitional Education Board of Trustees of the District of
Columbia shall report to Congress not later than 120 days
after the date of enactment of this Act on the capital needs
of each public charter school and whether the current per
pupil funding formula should reflect these needs: Provided
further, That until the Emergency Transitional Education
Board of Trustees reports to Congress as provided in the
preceding proviso, the Emergency Transitional Education Board
of Trustees shall take appropriate steps to provide public
charter schools with assistance to meet all capital expenses
in a manner that is equitable with respect to assistance
provided to other District of Columbia public schools:
Provided further, That the Emergency Transitional Education
Board of Trustees shall report to Congress not later than
November 1, 1998, on the implementation of their policy to
give preference to newly created District of Columbia public
charter schools for surplus public school property;
$74,087,000 (including $37,791,000 from local funds,
$12,804,000 from Federal funds, and $23,492,000 from other
funds) for the University of the District of Columbia;
$22,036,000 (including $20,424,000 from local funds,
$1,158,000 from Federal funds, and $454,000 from other funds)
for the Public Library; $2,057,000 (including $1,704,000 from
local funds and $353,000 from Federal funds) for the
Commission on the Arts and Humanities: Provided further, That
the public schools of the District of Columbia are authorized
to accept not to exceed 31 motor vehicles for exclusive use
in the driver education program: Provided further, That not
to exceed $2,500 for the Superintendent of Schools, $2,500
[[Page S12317]]
for the President of the University of the District of
Columbia, and $2,000 for the Public Librarian shall be
available from this appropriation for official purposes:
Provided further, That not less than $1,200,000 shall be
available for local school allotments in a restricted line
item: Provided further, That not less than $4,500,000 shall
be available to support kindergarten aides in a restricted
line item: Provided further, That not less than $2,800,000
shall be available to support substitute teachers in a
restricted line item: Provided further, That not less than
$1,788,000 shall be available in a restricted line item for
school counselors: Provided further, That this appropriation
shall not be available to subsidize the education of
nonresidents of the District of Columbia at the University of
the District of Columbia, unless the Board of Trustees of the
University of the District of Columbia adopts, for the fiscal
year ending September 30, 1998, a tuition rate schedule that
will establish the tuition rate for nonresident students at a
level no lower than the nonresident tuition rate charged at
comparable public institutions of higher education in the
metropolitan area.
Human Support Services
Human support services, $1,718,939,000 (including
$789,350,000 from local funds, $886,702,000 from Federal
funds, and $42,887,000 from other funds): Provided, That
$21,089,000 of this appropriation, to remain available until
expended, shall be available solely for District of Columbia
employees' disability compensation: Provided further, That a
peer review committee shall be established to review medical
payments and the type of service received by a disability
compensation claimant: Provided further, That the District of
Columbia shall not provide free government services such as
water, sewer, solid waste disposal or collection, utilities,
maintenance, repairs, or similar services to any legally
constituted private nonprofit organization (as defined in
section 411(5) of Public Law 100-77, approved July 22, 1987)
providing emergency shelter services in the District, if the
District would not be qualified to receive reimbursement
pursuant to the Stewart B. McKinney Homeless Assistance Act,
approved July 22, 1987 (101 Stat. 485; Public Law 100-77; 42
U.S.C. 11301 et seq.).
Public Works
Public works, including rental of one passenger-carrying
vehicle for use by the Mayor and three passenger-carrying
vehicles for use by the Council of the District of Columbia
and leasing of passenger-carrying vehicles, $241,934,000
(including $227,983,000 from local funds, $3,350,000 from
Federal funds, and $10,601,000 from other funds): Provided,
That this appropriation shall not be available for collecting
ashes or miscellaneous refuse from hotels and places of
business: Provided further, That $3,000,000 shall be
available for the lease financing, operation, and maintenance
of two mechanical street sweepers, one flusher truck, five
packer trucks, one front-end loader, and various public
litter containers: Provided further, That $2,400,000 shall be
available for recycling activities.
Financing and Other Uses
Financing and other uses, $454,773,000 (including for
payment to the Washington Convention Center, $5,400,000 from
local funds; reimbursement to the United States of funds
loaned in compliance with An Act to provide for the
establishment of a modern, adequate, and efficient hospital
center in the District of Columbia, approved August 7, 1946
(60 Stat. 896; Public Law 79-648); section 1 of An Act to
authorize the Commissioners of the District of Columbia to
borrow funds for capital improvement programs and to amend
provisions of law relating to Federal Government
participation in meeting costs of maintaining the Nation's
Capital City, approved June 6, 1958 (72 Stat. 183; Public Law
85-451; D.C. Code, sec. 9-219); section 4 of An Act to
authorize the Commissioners of the District of Columbia to
plan, construct, operate, and maintain a sanitary sewer to
connect the Dulles International Airport with the District of
Columbia system, approved June 12, 1960 (74 Stat. 211; Public
Law 86-515); and sections 723 and 743(f) of the District of
Columbia Home Rule Act of 1973, approved December 24, 1973,
as amended (87 Stat. 821; Public Law 93-198; D.C. Code, sec.
47-321, note; 91 Stat. 1156; Public Law 95-131; D.C. Code,
sec. 9-219, note), including interest as required thereby,
$384,430,000 from local funds; for the purpose of eliminating
the $331,589,000 general fund accumulated deficit as of
September 30, 1990, $39,020,000 from local funds, as
authorized by section 461(a) of the District of Columbia Home
Rule Act, approved December 24, 1973, as amended (105 Stat.
540; Public Law 102-106; D.C. Code, sec. 47-321(a)(1); for
payment of interest on short-term borrowing, $12,000,000 from
local funds; for lease payments in accordance with the
Certificates of Participation involving the land site
underlying the building located at One Judiciary Square,
$7,923,000 from local funds; for human resources development,
including costs of increased employee training,
administrative reforms, and an executive compensation system,
$6,000,000 from local funds); for equipment leases, the Mayor
may finance $13,127,000 of equipment cost, plus cost of
issuance not to exceed two percent of the par amount being
financed on a lease purchase basis with a maturity not to
exceed five years: Provided, That $75,000 is allocated to the
Department of Corrections, $8,000,000 for the Public Schools,
$50,000 for the Public Library, $260,000 for the Department
of Human Services, $244,000 for the Department of Recreation
and Parks, and $4,498,000 for the Department of Public Works.
ENTERPRISE FUNDS
Enterprise and Other Uses
Enterprises and other uses, $15,725,000 (including for the
Cable Television Enterprise Fund, established by the Cable
Television Communications Act of 1981, effective October 22,
1983 (D.C. Law 5-36; D.C. Code, sec. 43-1801 et seq.),
$2,467,000 (including $2,135,000 from local funds and
$332,000 from other funds); for the Public Service
Commission, $4,547,000 (including $4,250,000 from local
funds, $117,000 from Federal funds, and $180,000 from other
funds); for the Office of the People's Counsel, $2,428,000
from local funds; for the Office of Banking and Financial
Institutions, $600,000 (including $100,000 from local funds
and $500,000 from other funds); for the Department of
Insurance and Securities Regulation, $5,683,000 from other
funds).
Water and Sewer Authority and the Washington Aqueduct
For the Water and Sewer Authority and the Washington
Aqueduct, $297,310,000 from other funds (including
$263,425,000 for the Water and Sewer Authority and
$33,885,000 for the Washington Aqueduct) of which $41,423,000
shall be apportioned and payable to the District's debt
service fund for repayment of loans and interest incurred for
capital improvement projects.
Lottery and Charitable Games Control Board
For the Lottery and Charitable Games Control Board,
established by the District of Columbia Appropriation Act for
the fiscal year ending September 30, 1982, approved December
4, 1981 (95 Stat. 1174, 1175; Public Law 97-91), as amended,
for the purpose of implementing the Law to Legalize
Lotteries, Daily Numbers Games, and Bingo and Raffles for
Charitable Purposes in the District of Columbia, effective
March 10, 1981 (D.C. Law 3-172; D.C. Code, secs. 2-2501 et
seq. and 22-1516 et seq.), $213,500,000: Provided, That the
District of Columbia shall identify the source of funding for
this appropriation title from the District's own locally-
generated revenues: Provided further, That no revenues from
Federal sources shall be used to support the operations or
activities of the Lottery and Charitable Games Control Board.
Starplex Fund
For the Starplex Fund, $5,936,000 from other funds for
expenses incurred by the Armory Board in the exercise of its
powers granted by An Act To Establish A District of Columbia
Armory Board, and for other purposes, approved June 4, 1948
(62 Stat. 339; D.C. Code, sec. 2-301 et seq.) and the
District of Columbia Stadium Act of 1957, approved September
7, 1957 (71 Stat. 619; Public Law 85-300; D.C. Code, sec. 2-
321 et seq.): Provided, That the Mayor shall submit a budget
for the Armory Board for the forthcoming fiscal year as
required by section 442(b) of the District of Columbia Home
Rule Act, approved December 24, 1973 (87 Stat. 824; Public
Law 93-198; D.C. Code, sec. 47-301(b)).
D.C. General Hospital
For the District of Columbia General Hospital, established
by Reorganization Order No. 57 of the Board of Commissioners,
effective August 15, 1953, $97,019,000, of which $44,335,000
shall be derived by transfer from the general fund and
$52,684,000 shall be derived from other funds.
D.C. Retirement Board
For the D.C. Retirement Board, established by section 121
of the District of Columbia Retirement Reform Act of 1979,
approved November 17, 1979 (93 Stat. 866; D.C. Code, sec. 1-
711), $16,762,000 from the earnings of the applicable
retirement funds to pay legal, management, investment, and
other fees and administrative expenses of the District of
Columbia Retirement Board: Provided, That the District of
Columbia Retirement Board shall provide to the Congress and
to the Council of the District of Columbia a quarterly report
of the allocations of charges by fund and of expenditures of
all funds: Provided further, That the District of Columbia
Retirement Board shall provide the Mayor, for transmittal to
the Council of the District of Columbia, an itemized
accounting of the planned use of appropriated funds in time
for each annual budget submission and the actual use of such
funds in time for each annual audited financial report.
Correctional Industries Fund
For the Correctional Industries Fund, established by the
District of Columbia Correctional Industries Establishment
Act, approved October 3, 1964 (78 Stat. 1000; Public Law 88-
622), $3,332,000 from other funds.
Washington Convention Center Enterprise Fund
For the Washington Convention Center Enterprise Fund,
$46,400,000, of which $5,400,000 shall be derived by transfer
from the general fund.
District of Columbia Financial Responsibility and Management Assistance
Authority
For the District of Columbia Financial Responsibility and
Management Assistance Authority, established by section
101(a) of the District of Columbia Financial Responsibility
and Management Assistance Act of 1995, approved April 17,
1995 (109 Stat. 97; Public Law 104-8), $3,220,000.
Capital Outlay
For construction projects, $269,330,000 (including
$31,100,000 for the highway trust fund, $105,485,000 from
local funds, and $132,745,000 in Federal funds), to remain
available until expended: Provided, That funds for use of
each capital project implementing agency shall be managed and
controlled in accordance with all procedures and limitations
established under the Financial Management System: Provided
further, That all funds provided by this appropriation title
shall be available only for the specific projects and
purposes intended: Provided further, That notwithstanding the
foregoing, all authorizations for capital outlay projects,
except those projects covered by the first sentence
[[Page S12318]]
of section 23(a) of the Federal-Aid Highway Act of 1968,
approved August 23, 1968 (82 Stat. 827; Public Law 90-495;
D.C. Code, sec. 7-134, note), for which funds are provided by
this appropriation title, shall expire on September 30, 1999,
except authorizations for projects as to which funds have
been obligated in whole or in part prior to September 30,
1999: Provided further, That, upon expiration of any such
project authorization, the funds provided herein for the
project shall lapse.
Deficit Reduction and Revitalization
For deficit reduction and revitalization, $201,090,000, to
be deposited into an escrow account held by the District of
Columbia Financial Responsibility and Management Assistance
Authority (hereafter in this section referred to as
``Authority''), which shall allocate the funds to the Mayor,
or such other District official as the Authority may deem
appropriate, at such intervals and in accordance with such
terms and conditions as the Authority considers appropriate:
Provided, That these funds shall only be used for reduction
of the accumulated general fund deficit; capital
expenditures, including debt service; and management and
productivity improvements, as allocated by the Authority:
Provided further, That no funds may be obligated until a plan
for their use is approved by the Authority: Provided further,
That the Authority shall inform the Committees on
Appropriations of the Senate and House of Representatives,
the Committee on Governmental Affairs of the Senate, and the
Committee on Government Reform and Oversight of the House of
Representatives of the approved plans.
GENERAL PROVISIONS
Section 101. The expenditure of any appropriation under
this Act for any consulting service through procurement
contract, pursuant to 5 U.S.C. 3109, shall be limited to
those contracts where such expenditures are a matter of
public record and available for public inspection, except
where otherwise provided under existing law, or under
existing Executive order issued pursuant to existing law.
Sec. 102. Except as otherwise provided in this Act, all
vouchers covering expenditures of appropriations contained in
this Act shall be audited before payment by the designated
certifying official and the vouchers as approved shall be
paid by checks issued by the designated disbursing official.
Sec. 103. Whenever in this Act an amount is specified
within an appropriation for particular purposes or objects of
expenditure, such amount, unless otherwise specified, shall
be considered as the maximum amount that may be expended for
said purpose or object rather than an amount set apart
exclusively therefor.
Sec. 104. Appropriations in this Act shall be available,
when authorized by the Mayor, for allowances for privately-
owned automobiles and motorcycles used for the performance of
official duties at rates established by the Mayor: Provided,
That such rates shall not exceed the maximum prevailing rates
for such vehicles as prescribed in the Federal Property
Management Regulations 101-7 (Federal Travel Regulations).
Sec. 105. Appropriations in this Act shall be available for
expenses of travel and for the payment of dues of
organizations concerned with the work of the District of
Columbia government, when authorized by the Mayor: Provided,
That the Council of the District of Columbia and the District
of Columbia Courts may expend such funds without
authorization by the Mayor.
Sec. 106. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of judgments that have
been entered against the District of Columbia government:
Provided, That nothing contained in this section shall be
construed as modifying or affecting the provisions of section
11(c)(3) of title XII of the District of Columbia Income and
Franchise Tax Act of 1947, approved March 31, 1956 (70 Stat.
78; Public Law 84-460; D.C. Code, sec. 47-1812.11(c)(3)).
Sec. 107. Appropriations in this Act shall be available for
the payment of public assistance without reference to the
requirement of section 544 of the District of Columbia Public
Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-
101; D.C. Code, sec. 3-205.44), and for the non-Federal share
of funds necessary to qualify for Federal assistance under
the Juvenile Delinquency Prevention and Control Act of 1968,
approved July 31, 1968 (82 Stat. 462; Public Law 90-445; 42
U.S.C. 3801 et seq.).
Sec. 108. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 109. No funds appropriated in this Act for the
District of Columbia government for the operation of
educational institutions, the compensation of personnel, or
for other educational purposes may be used to permit,
encourage, facilitate, or further partisan political
activities. Nothing herein is intended to prohibit the
availability of school buildings for the use of any community
or partisan political group during non-school hours.
Sec. 110. None of the funds appropriated in this Act shall
be made available to pay the salary of any employee of the
District of Columbia government whose name, title, grade,
salary, past work experience, and salary history are not
available for inspection by the House and Senate Committees
on Appropriations, the Subcommittee on the District of
Columbia of the House Committee on Government Reform and
Oversight, the Subcommittee on Oversight of Government
Management, Restructuring and the District of Columbia of the
Senate Committee on Governmental Affairs, and the Council of
the District of Columbia, or their duly authorized
representative.
Sec. 111. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making payments authorized by the District of Columbia
Revenue Recovery Act of 1977, effective September 23, 1977
(D.C. Law 2-20; D.C. Code, sec. 47-421 et seq.).
Sec. 112. No part of this appropriation shall be used for
publicity or propaganda purposes or implementation of any
policy including boycott designed to support or defeat
legislation pending before Congress or any State legislature.
Sec. 113. At the start of the fiscal year, the Mayor shall
develop an annual plan, by quarter and by project, for
capital outlay borrowings: Provided, That within a reasonable
time after the close of each quarter, the Mayor shall report
to the Council of the District of Columbia and the Congress
the actual borrowings and spending progress compared with
projections.
Sec. 114. The Mayor shall not borrow any funds for capital
projects unless the Mayor has obtained prior approval from
the Council of the District of Columbia, by resolution,
identifying the projects and amounts to be financed with such
borrowings.
Sec. 115. The Mayor shall not expend any moneys borrowed
for capital projects for the operating expenses of the
District of Columbia government.
Sec. 116. None of the funds appropriated by this Act may be
obligated or expended by reprogramming except pursuant to
advance approval of the reprogramming granted according to
the procedure set forth in the Joint Explanatory Statement of
the Committee of Conference (House Report No. 96-443), which
accompanied the District of Columbia Appropriation Act, 1980,
approved October 30, 1979 (93 Stat. 713; Public Law 96-93),
as modified in House Report No. 98-265, and in accordance
with the Reprogramming Policy Act of 1980, effective
September 16, 1980 (D.C. Law 3-100; D.C. Code, sec. 47-361 et
seq.): Provided, That for the fiscal year ending September
30, 1998 the above shall apply except as modified by Public
Law 104-8.
Sec. 117. None of the Federal funds provided in this Act
shall be obligated or expended to provide a personal cook,
chauffeur, or other personal servants to any officer or
employee of the District of Columbia.
Sec. 118. None of the Federal funds provided in this Act
shall be obligated or expended to procure passenger
automobiles as defined in the Automobile Fuel Efficiency Act
of 1980, approved October 10, 1980 (94 Stat. 1824; Public Law
96-425; 15 U.S.C. 2001(2)), with an Environmental Protection
Agency estimated miles per gallon average of less than 22
miles per gallon: Provided, That this section shall not apply
to security, emergency rescue, or armored vehicles.
Sec. 119. (a) Notwithstanding section 422(7) of the
District of Columbia Home Rule Act of 1973, approved December
24, 1973 (87 Stat. 790; Public Law 93-198; D.C. Code, sec. 1-
242(7)), the City Administrator shall be paid, during any
fiscal year, a salary at a rate established by the Mayor, not
to exceed the rate established for Level IV of the Executive
Schedule under 5 U.S.C. 5315.
(b) For purposes of applying any provision of law limiting
the availability of funds for payment of salary or pay in any
fiscal year, the highest rate of pay established by the Mayor
under subsection (a) of this section for any position for any
period during the last quarter of calendar year 1997 shall be
deemed to be the rate of pay payable for that position for
September 30, 1997.
(c) Notwithstanding section 4(a) of the District of
Columbia Redevelopment Act of 1945, approved August 2, 1946
(60 Stat. 793; Public Law 79-592; D.C. Code, sec. 5-803(a)),
the Board of Directors of the District of Columbia
Redevelopment Land Agency shall be paid, during any fiscal
year, per diem compensation at a rate established by the
Mayor.
Sec. 120. Notwithstanding any other provisions of law, the
provisions of the District of Columbia Government
Comprehensive Merit Personnel Act of 1978, effective March 3,
1979 (D.C. Law 2-139; D.C. Code, sec. 1-601.1 et seq.),
enacted pursuant to section 422(3) of the District of
Columbia Home Rule Act of 1973, approved December 24, 1973
(87 Stat. 790; Public Law 93-198; D.C. Code, sec. 1-242(3)),
shall apply with respect to the compensation of District of
Columbia employees: Provided, That for pay purposes,
employees of the District of Columbia government shall not be
subject to the provisions of title 5, United States Code.
Sec. 121. The Director of the Department of Administrative
Services may pay rentals and repair, alter, and improve
rented premises, without regard to the provisions of section
322 of the Economy Act of 1932 (Public Law 72-212; 40 U.S.C.
278a), based upon a determination by the Director that, by
reason of circumstances set forth in such determination, the
payment of these rents and the execution of this work,
without reference to the limitations of section 322, is
advantageous to the District in terms of economy, efficiency,
and the District's best interest.
Sec. 122. No later than 30 days after the end of the first
quarter of the fiscal year ending September 30, 1998, the
Mayor of the District of Columbia shall submit to the Council
of the District of Columbia the new fiscal year 1998 revenue
estimates as of the end of the first quarter of fiscal year
1998. These estimates shall be used in the budget request for
the fiscal year ending September 30, 1999. The officially
revised estimates at midyear shall be used for the midyear
report.
Sec. 123. No sole source contract with the District of
Columbia government or any agency thereof may be renewed or
extended without opening that contract to the competitive
bidding process as set forth in section 303 of the District
of Columbia Procurement Practices Act of 1985, effective
February 21, 1986 (D.C. Law 6-85; D.C. Code, sec. 1-1183.3),
except that the District of Columbia government or any agency
thereof may renew or extend sole source contracts for
[[Page S12319]]
which competition is not feasible or practical: Provided,
That the determination as to whether to invoke the
competitive bidding process has been made in accordance with
duly promulgated rules and procedures and said determination
has been reviewed and approved by the District of Columbia
Financial Responsibility and Management Assistance Authority.
Sec. 124. For purposes of the Balanced Budget and Emergency
Deficit Control Act of 1985, approved December 12, 1985 (99
Stat. 1037; Public Law 99-177), as amended, the term
``program, project, and activity'' shall be synonymous with
and refer specifically to each account appropriating Federal
funds in this Act, and any sequestration order shall be
applied to each of the accounts rather than to the aggregate
total of those accounts: Provided, That sequestration orders
shall not be applied to any account that is specifically
exempted from sequestration by the Balanced Budget and
Emergency Deficit Control Act of 1985, approved December 12,
1985 (99 Stat. 1037; Public Law 99-177), as amended.
Sec. 125. In the event a sequestration order is issued
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985, approved December 12, 1985 (99 Stat. 1037;
Public Law 99-177), as amended, after the amounts
appropriated to the District of Columbia for the fiscal year
involved have been paid to the District of Columbia, the
Mayor of the District of Columbia shall pay to the Secretary
of the Treasury, within 15 days after receipt of a request
therefor from the Secretary of the Treasury, such amounts as
are sequestered by the order: Provided, That the
sequestration percentage specified in the order shall be
applied proportionately to each of the Federal appropriation
accounts in this Act that are not specifically exempted from
sequestration by the Balanced Budget and Emergency Deficit
Control Act of 1985, approved December 12, 1985 (99 Stat.
1037; Public Law 99-177), as amended.
Sec. 126. (a) An entity of the District of Columbia
government may accept and use a gift or donation during
fiscal year 1998 if--
(1) the Mayor approves the acceptance and use of the gift
or donation: Provided, That the Council of the District of
Columbia may accept and use gifts without prior approval by
the Mayor; and
(2) the entity uses the gift or donation to carry out its
authorized functions or duties.
(b) Each entity of the District of Columbia government
shall keep accurate and detailed records of the acceptance
and use of any gift or donation under subsection (a) of this
section, and shall make such records available for audit and
public inspection.
(c) For the purposes of this section, the term ``entity of
the District of Columbia government'' includes an independent
agency of the District of Columbia.
(d) This section shall not apply to the District of
Columbia Board of Education, which may, pursuant to the laws
and regulations of the District of Columbia, accept and use
gifts to the public schools without prior approval by the
Mayor.
Sec. 127. None of the Federal funds provided in this Act
may be used by the District of Columbia to provide for
salaries, expenses, or other costs associated with the
offices of United States Senator or United States
Representative under section 4(d) of the District of Columbia
Statehood Constitutional Convention Initiatives of 1979,
effective March 10, 1981 (D.C. Law 3-171; D.C. Code, sec. 1-
113(d)).
Sec. 128. The University of the District of Columbia shall
submit to the Congress, the Mayor, the District of Columbia
Financial Responsibility and Management Assistance Authority,
and the Council of the District of Columbia no later than
fifteen (15) calendar days after the end of each month a
report that sets forth--
(1) current month expenditures and obligations, year-to-
date expenditures and obligations, and total fiscal year
expenditure projections versus budget broken out on the basis
of control center, responsibility center, and object class,
and for all funds, non-appropriated funds, and capital
financing;
(2) a list of each account for which spending is frozen and
the amount of funds frozen, broken out by control center,
responsibility center, detailed object, and for all funding
sources;
(3) a list of all active contracts in excess of $10,000
annually, which contains the name of each contractor; the
budget to which the contract is charged broken out on the
basis of control center and responsibility center, and
contract identifying codes used by the University of the
District of Columbia; payments made in the last month and
year-to-date, the total amount of the contract and total
payments made for the contract and any modifications,
extensions, renewals; and specific modifications made to each
contract in the last month;
(4) all reprogramming requests and reports that have been
made by the University of the District of Columbia within the
last month in compliance with applicable law; and
(5) changes made in the last month to the organizational
structure of the University of the District of Columbia,
displaying previous and current control centers and
responsibility centers, the names of the organizational
entities that have been changed, the name of the staff member
supervising each entity affected, and the reasons for the
structural change.
Sec. 129. Funds authorized or appropriated to the
government of the District of Columbia by this or any other
act to procure the necessary hardware and installation of new
software, conversion, testing, and training to improve or
replace its financial management system are also available
for the acquisition of accounting and financial management
services and the leasing of necessary hardware, software or
any other related goods or services, as determined by the
District of Columbia Financial Responsibility and Management
Assistance Authority.
Sec. 130. Section 456 of the District of Columbia Home Rule
Act of 1973, approved December 24, 1973 (87 Stat. 790; Public
Law 93-198; D.C. Code, secs. 47-231 et seq.) is amended--
(1) in subsection (a)(1), by--
(A) striking ``1995'' and inserting ``1998'';
(B) striking ``Mayor'' and inserting ``District of Columbia
Financial Responsibility and Management Assistance
Authority''; and
(C) striking ``Committee on the District of Columbia'' and
inserting ``Committee on Government Reform and Oversight'';
(2) in subsection (b)(1), by--
(A) striking ``1997'' and inserting ``1999'';
(B) striking ``Mayor'' and inserting ``Authority''; and
(C) striking ``Committee on the District of Columbia'' and
inserting ``Committee on Government Reform and Oversight'';
(3) in subsection (b)(3), by striking ``Committee on the
District of Columbia'' and inserting ``Committee on
Government Reform and Oversight'';
(4) in subsection (c)(1), by--
(A) striking ``1995'' and inserting ``1997'';
(B) striking ``Mayor'' and inserting ``Chief Financial
Officer''; and
(C) striking ``Committee on the District of Columbia'' and
inserting ``Committee on Government Reform and Oversight'';
(5) in subsection (c)(2)(A), by--
(A) striking ``1997'' and inserting ``1999'';
(B) striking ``Mayor'' and inserting ``Chief Financial
Officer''; and
(C) striking ``Committee on the District of Columbia'' and
inserting ``Committee on Government Reform and Oversight'';
(6) in subsection (c)(2)(B), by striking ``Committee on the
District of Columbia'' and inserting ``Committee on
Government Reform and Oversight''; and
(7) in subsection (d)(1), by--
(A) striking ``1994'' and inserting ``1997'';
(B) striking ``Mayor'' and inserting ``Chief Financial
Officer''; and
(C) striking ``Committee on the District of Columbia'' and
inserting ``Committee on Government Reform and Oversight''.
Sec. 131. For purposes of the appointment of the head of a
department of the government of the District of Columbia
under section 11105(a) of the National Capital Revitalization
and Self-Improvement Act of 1997, Public Law 105-33, the
following rules shall apply:
(1) After the Mayor notifies the Council under paragraph
(1)(A)(ii) of such section of the nomination of an individual
for appointment, the Council shall meet to determine whether
to confirm or reject the nomination.
(2) If the Council fails to confirm or reject the
nomination during the 7-day period described in paragraph
(1)(A)(iii) of such section, the Council shall be deemed to
have confirmed the nomination.
(3) For purposes of paragraph (1)(B) of such section, if
the Council does not confirm a nomination (or is not deemed
to have confirmed a nomination) during the 30-day period
described in such paragraph, the Mayor shall be deemed to
have failed to nominate an individual during such period to
fill the vacancy in the position of the head of the
department.
Sec. 132. None of the funds appropriated under this Act
shall be expended for any abortion except where the life of
the mother would be endangered if the fetus were carried to
term or where the pregnancy is the result of an act of rape
or incest.
Sec. 133. None of the funds made available in this Act may
be used to implement or enforce the Health Care Benefits
Expansion Act of 1992 (D.C. Law 9-114; D.C. Code, sec. 36-
1401 et seq.) or to otherwise implement or enforce any system
of registration of unmarried, cohabiting couples (whether
homosexual, heterosexual, or lesbian), including but not
limited to registration for the purpose of extending
employment, health, or governmental benefits to such couples
on the same basis as such benefits are extended to legally
married couples.
Sec. 134. The Emergency Transitional Education Board of
Trustees shall submit to the Congress, the Mayor, the
District of Columbia Financial Responsibility and Management
Assistance Authority, and the Council of the District of
Columbia no later than fifteen (15) calendar days after the
end of each month a report that sets forth--
(1) current month expenditures and obligations, year-to-
date expenditures and obligations, and total fiscal year
expenditure projections versus budget broken out on the basis
of control center, responsibility center, agency reporting
code, and object class, and for all funds, including capital
financing;
(2) a list of each account for which spending is frozen and
the amount of funds frozen, broken out by control center,
responsibility center, detailed object, and agency reporting
code, and for all funding sources;
(3) a list of all active contracts in excess of $10,000
annually, which contains the name of each contractor; the
budget to which the contract is charged broken out on the
basis of control center, responsibility center, and agency
reporting code; and contract identifying codes used by the
D.C. Public Schools; payments made in the last month and
year-to-date, the total amount of the contract and total
payments made for the contract and any modifications,
extensions, renewals; and specific modifications made to each
contract in the last month;
(4) all reprogramming requests and reports that are
required to be, and have been, submitted to the Board of
Education; and
(5) changes made in the last month to the organizational
structure of the D.C. Public Schools, displaying previous and
current control centers and responsibility centers, the names
of the organizational entities that have been changed, the
name of the staff member supervising each entity affected,
and the reasons for the structural change.
[[Page S12320]]
Sec. 135. (a) In General.--The Emergency Transitional
Education Board of Trustees of the District of Columbia and
the University of the District of Columbia shall annually
compile an accurate and verifiable report on the positions
and employees in the public school system and the university,
respectively. The annual report shall set forth--
(1) the number of validated schedule A positions in the
District of Columbia Public Schools and the University of the
District of Columbia for fiscal year 1997, fiscal year 1998,
and thereafter on a full-time equivalent basis, including a
compilation of all positions by control center,
responsibility center, funding source, position type,
position title, pay plan, grade, and annual salary; and
(2) a compilation of all employees in the District of
Columbia Public Schools and the University of the District of
Columbia as of the preceding December 31, verified as to its
accuracy in accordance with the functions that each employee
actually performs, by control center, responsibility center,
agency reporting code, program (including funding source),
activity, location for accounting purposes, job title, grade
and classification, annual salary, and position control
number.
(b) Submission.--The annual report required by subsection
(a) of this section shall be submitted to the Congress, the
Mayor, the District of Columbia Council, the Consensus
Commission, and the Authority, not later than February 15 of
each year.
Sec. 136. (a) No later than October 1, 1997, or within 15
calendar days after the date of the enactment of the District
of Columbia Appropriations Act, 1998, whichever occurs later,
and each succeeding year, the Emergency Transitional
Education Board of Trustees and the University of the
District of Columbia shall submit to the appropriate
congressional committees, the Mayor, the District of Columbia
Council, the Consensus Commission, and the District of
Columbia Financial Responsibility and Management Assistance
Authority, a revised appropriated funds operating budget for
the public school system and the University of the District
of Columbia for such fiscal year that is in the total amount
of the approved appropriation and that realigns budgeted data
for personal services and other-than-personal services,
respectively, with anticipated actual expenditures.
(b) The revised budget required by subsection (a) of this
section shall be submitted in the format of the budget that
the Emergency Transitional Education Board of Trustees and
the University of the District of Columbia submit to the
Mayor of the District of Columbia for inclusion in the
Mayor's budget submission to the Council of the District of
Columbia pursuant to section 442 of the District of Columbia
Home Rule Act, Public Law 93-198, as amended (D.C. Code, sec.
47-301).
Sec. 137. The Emergency Transitional Education Board of
Trustees, the Board of Trustees of the University of the
District of Columbia, the Board of Library Trustees, and the
Board of Governors of the University of the District of
Columbia School of Law shall vote on and approve their
respective annual or revised budgets before submission to the
Mayor of the District of Columbia for inclusion in the
Mayor's budget submission to the Council of the District of
Columbia in accordance with section 442 of the District of
Columbia Home Rule Act, Public Law 93-198, as amended (D.C.
Code, sec. 47-301), or before submitting their respective
budgets directly to the Council.
Sec. 138. (a) Ceiling on Total Operating Expenses.--
(1) In general.--Notwithstanding any other provision of
law, the total amount appropriated in this Act for operating
expenses for the District of Columbia for fiscal year 1998
under the caption ``Division of Expenses'' shall not exceed
the lesser of--
(A) the sum of the total revenues of the District of
Columbia for such fiscal year; or
(B) $4,811,906,000 (of which $118,269,000 shall be from
intra-District funds), which amount may be increased by the
following:
(i) proceeds of one-time transactions, which are expended
for emergency or unanticipated operating or capital needs
approved by the District of Columbia Financial Responsibility
and Management Assistance Authority; and
(ii) additional expenditures which the Chief Financial
Officer of the District of Columbia certifies will produce
additional revenues during such fiscal year at least equal to
200 percent of such additional expenditures, and which are
approved by the District of Columbia Financial Responsibility
and Management Assistance Authority.
(C) to the extent that the sum of the total revenues of the
District of Columbia for such fiscal year exceed the total
amount provided for in subsection (B) above, the Chief
Financial Officer of the District of Columbia, with the
approval of the District of Columbia Financial Responsibility
and Management Assistance Authority, may credit up to ten
percent (10%) of the amount of such difference, not to exceed
$3,300,000, to a reserve fund which may be expended for
operating purposes in future fiscal years, in accordance with
the financial plans and budgets for such years.
(2) Enforcement.--The Chief Financial Officer of the
District of Columbia and the District of Columbia Financial
Responsibility and Management Assistance Authority (hereafter
in this section referred to as ``Authority'') shall take such
steps as are necessary to assure that the District of
Columbia meets the requirements of this section, including
the apportioning by the Chief Financial Officer of the
appropriations and funds made available to the District
during fiscal year 1998.
(b) Acceptance and Use of Grants Not Included in Ceiling.--
(1) In general.--Notwithstanding subsection (a), the Mayor
in consultation with the Chief Financial Officer of the
District of Columbia during a control year, as defined in
section 305(4) of Public Law 104-8, as amended, 109 Stat.
152, may accept, obligate, and expend Federal, private, and
other grants received by the District government that are not
reflected in the amounts appropriated in this Act.
(2) Requirement of chief financial officer report and
financial responsibility and management assistance authority
approval.--No such Federal, private, or other grant may be
accepted, obligated, or expended pursuant to paragraph (1)
until--
(A) the Chief Financial Officer of the District submits to
the Authority a report setting forth detailed information
regarding such grant; and
(B) the Authority has reviewed and approved the acceptance,
obligation, and expenditure of such grant in accordance with
review and approval procedures consistent with the provisions
of the District of Columbia Financial Responsibility and
Management Assistance Act of 1995.
(3) Prohibition on spending in anticipation of approval or
receipt.--No amount may be obligated or expended from the
general fund or other funds of the District government in
anticipation of the approval or receipt of
Major Actions:
All articles in Senate section
THE DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 1998
(Senate - November 09, 1997)
Text of this article available as:
[Pages S12315-S12391]
THE DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 1998
______
STEVENS (AND BYRD) AMENDMENT NO. 1621
Mr. STEVENS (for himself and Mr. Byrd) proposed an amendment to the
bill (H.R. 2607) making appropriations for the government of the
District of Columbia and other activities chargeable in whole or in
part against the revenues of said District for the fiscal year ending
September 30, 1998, and for other purposes; as follows:
Strike all after the enacting clause and insert the
following:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the several
departments, agencies, corporations and other organizational
units of the Government for the fiscal year 1998, and for
other purposes, namely:
DIVISION A--DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 1998
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the District of
Columbia for the fiscal year ending September 30, 1998, and
for other purposes, to be effective as if it had been enacted
into law as the regular appropriations Act, namely:
TITLE I--FISCAL YEAR 1998 APPROPRIATIONS
FEDERAL FUNDS
Federal Payment for Management Reform
For payment to the District of Columbia, as authorized by
section 11103(c) of the National Capital Revitalization and
Self-Government Improvement Act of 1997, Public Law 105-33,
$8,000,000, to remain available until September 30, 1999,
which shall be deposited into an escrow account of the
District of Columbia Financial Responsibility and Management
Assistance Authority and shall be disbursed from such escrow
account pursuant to the instructions of the Authority only
for a program of management reform pursuant to sections
11101-11106 of the District of Columbia Management Reform Act
of 1997, Public Law 105-33.
Federal Contribution to the Operations of the Nation's Capital
For a Federal contribution to the District of Columbia
toward the costs of the operation of the government of the
District of Columbia, $190,000,000, which shall be deposited
into an escrow account held by the District of Columbia
Financial Responsibility and Management Assistance Authority,
which shall allocate the funds to the Mayor at such intervals
and in accordance with such terms and conditions as it
considers appropriate to implement the financial plan for the
year: Provided, That these funds may be used by the District
of Columbia for the costs of advances to the District
government as authorized by section 11402 of the National
Capital Revitalization and Self-Government Improvement Act of
1997, Public Law 105-33: Provided further, That not less than
$30,000,000 shall be used by the District of Columbia to
repay the accumulated general fund deficit.
Federal Payment to the District of Columbia Corrections Trustee
Operations
For payment to the District of Columbia Corrections
Trustee, $169,000,000 for the administration and operation of
correctional facilities and for the administrative operating
costs of the Office of the Corrections Trustee, as authorized
by section 11202 of the National Capital Revitalization and
Self-Government Improvement Act of 1997, Public Law 105-33.
Federal Payment to the District of Columbia Corrections Trustee for
Correctional Facilities, Construction and Repair
For payment to the District of Columbia Corrections Trustee
for Correctional Facilities, $302,000,000, to remain
available until expended, of which not less than $294,900,000
is available for transfer to the Federal Prison System, as
authorized by section 11202 of the National Capital
Revitalization and Self-Government Improvement Act of 1997,
Public Law 105-33.
Federal Payment to the District of Columbia
Criminal Justice System
(Including Transfer of Funds)
Notwithstanding any other provision of law, $108,000,000
for payment to the Joint Committee
[[Page S12316]]
on Judicial Administration in the District of Columbia for
operation of the District of Columbia Courts, including
pension costs: Provided, That said sums shall be paid
quarterly by the Treasury of the United States based on
quarterly apportionments approved by the Office of Management
and Budget, with payroll and financial services to be
provided on a contractual basis with the General Services
Administration, said services to include the preparation and
submission of monthly financial reports to the President and
to the Committees on Appropriations of the Senate and House
of Representatives, the Committee on Governmental Affairs of
the Senate, and the Committee on Government Reform and
Oversight of the House of Representatives; of which not to
exceed $750,000 shall be available for establishment and
operations of the District of Columbia Truth in Sentencing
Commission as authorized by section 11211 of the National
Capital Revitalization and Self-Government Improvement Act of
1997, Public Law 105-33.
Notwithstanding any other provision of law, for an
additional amount, $43,000,000, for payment to the Offender
Supervision Trustee to be available only for obligation by
the Offender Supervision Trustee; of which $26,855,000 shall
be available for Parole, Adult Probation and Offender
Supervision; of which $9,000,000 shall be available to the
Public Defender Service; of which $6,345,000 shall be
available to the Pretrial Services Agency; and of which not
to exceed $800,000 shall be transferred to the United States
Parole Commission to implement section 11231 of the National
Capital Revitalization and Self-Government Improvement Act of
1997.
DISTRICT OF COLUMBIA FUNDS
OPERATING EXPENSES
Division of Expenses
The following amounts are appropriated for the District of
Columbia for the current fiscal year out of the general fund
of the District of Columbia, except as otherwise specifically
provided.
Governmental Direction and Support
Governmental direction and support, $105,177,000 (including
$84,316,000 from local funds, $14,013,000 from Federal funds,
and $6,848,000 from other funds): Provided, That not to
exceed $2,500 for the Mayor, $2,500 for the Chairman of the
Council of the District of Columbia, and $2,500 for the City
Administrator shall be available from this appropriation for
official purposes: Provided further, That any program fees
collected from the issuance of debt shall be available for
the payment of expenses of the debt management program of the
District of Columbia: Provided further, That no revenues from
Federal sources shall be used to support the operations or
activities of the Statehood Commission and Statehood Compact
Commission: Provided further, That the District of Columbia
shall identify the sources of funding for Admission to
Statehood from its own locally-generated revenues: Provided
further, That $240,000 shall be available for citywide
special elections: Provided further, That all employees
permanently assigned to work in the Office of the Mayor shall
be paid from funds allocated to the Office of the Mayor.
Economic Development and Regulation
Economic development and regulation, $120,072,000
(including $40,377,000 from local funds, $42,065,000 from
Federal funds, and $37,630,000 from other funds), together
with $12,000,000 collected in the form of BID tax revenue
collected by the District of Columbia on behalf of business
improvement districts pursuant to the Business Improvement
Districts Act of 1996, effective May 29, 1996 (D.C. Law 11-
134; D.C. Code, sec. 1-2271 et seq.), and the Business
Improvement Districts Temporary Amendment Act of 1997 (Bill
12-230).
Public Safety and Justice
Public safety and justice, including purchase or lease of
135 passenger-carrying vehicles for replacement only,
including 130 for police-type use and five for fire-type use,
without regard to the general purchase price limitation for
the current fiscal year, $529,739,000 (including $510,326,000
from local funds, $13,519,000 from Federal funds, and
$5,894,000 from other funds): Provided, That the Metropolitan
Police Department is authorized to replace not to exceed 25
passenger-carrying vehicles and the Department of Fire and
Emergency Medical Services of the District of Columbia is
authorized to replace not to exceed five passenger-carrying
vehicles annually whenever the cost of repair to any damaged
vehicle exceeds three-fourths of the cost of the replacement:
Provided further, That not to exceed $500,000 shall be
available from this appropriation for the Chief of Police for
the prevention and detection of crime: Provided further, That
the Metropolitan Police Department shall provide quarterly
reports to the Committees on Appropriations of the House and
Senate on efforts to increase efficiency and improve the
professionalism in the department: Provided further, That
notwithstanding any other provision of law, or Mayor's Order
86-45, issued March 18, 1986, the Metropolitan Police
Department's delegated small purchase authority shall be
$500,000: Provided further, That the District of Columbia
government may not require the Metropolitan Police Department
to submit to any other procurement review process, or to
obtain the approval of or be restricted in any manner by any
official or employee of the District of Columbia government,
for purchases that do not exceed $500,000: Provided further,
That the Mayor shall reimburse the District of Columbia
National Guard for expenses incurred in connection with
services that are performed in emergencies by the National
Guard in a militia status and are requested by the Mayor, in
amounts that shall be jointly determined and certified as due
and payable for these services by the Mayor and the
Commanding General of the District of Columbia National
Guard: Provided further, That such sums as may be necessary
for reimbursement to the District of Columbia National Guard
under the preceding proviso shall be available from this
appropriation, and the availability of the sums shall be
deemed as constituting payment in advance for emergency
services involved: Provided further, That the Metropolitan
Police Department is authorized to maintain 3,800 sworn
officers, with leave for a 50 officer attrition: Provided
further, That no more than 15 members of the Metropolitan
Police Department shall be detailed or assigned to the
Executive Protection Unit, until the Chief of Police submits
a recommendation to the Council for its review: Provided
further, That $100,000 shall be available for inmates
released on medical and geriatric parole: Provided further,
That not less than $2,254,754 shall be available to support a
pay raise for uniformed firefighters, when authorized by the
District of Columbia Council and the District of Columbia
Financial Responsibility and Management Assistance Authority,
which funding will be made available as savings achieved
through actions within the appropriated budget: Provided
further, That, commencing on December 31, 1997, the
Metropolitan Police Department shall provide to the
Committees on Appropriations of the Senate and House of
Representatives, the Committee on Governmental Affairs of the
Senate, and the Committee on Government Reform and Oversight
of the House of Representatives, quarterly reports on the
status of crime reduction in each of the 83 police service
areas established throughout the District of Columbia:
Provided further, That funds appropriated for expenses under
the District of Columbia Criminal Justice Act, approved
September 3, 1974 (88 Stat. 1090; Public Law 93-412; D.C.
Code, sec. 11-2601 et seq.), for the fiscal year ending
September 30, 1998, shall be available for obligations
incurred under the Act in each fiscal year since inception in
fiscal year 1975: Provided further, That funds appropriated
for expenses under the District of Columbia Neglect
Representation Equity Act of 1984, effective March 13, 1985
(D.C. Law 5-129; D.C. Code, sec. 16-2304), for the fiscal
year ending September 30, 1998, shall be available for
obligations incurred under the Act in each fiscal year since
inception in fiscal year 1985: Provided further, That funds
appropriated for expenses under the District of Columbia
Guardianship, Protective Proceedings, and Durable Power of
Attorney Act of 1986, effective February 27, 1987 (D.C. Law
6-204; D.C. Code, sec. 21-2060), for the fiscal year ending
September 30, 1998, shall be available for obligations
incurred under the Act in each fiscal year since inception in
fiscal year 1989.
Public Education System
Public education system, including the development of
national defense education programs, $672,444,000 (including
$530,197,000 from local funds, $112,806,000 from Federal
funds, and $29,441,000 from other funds), to be allocated as
follows: $564,129,000 (including $460,143,000 from local
funds, $98,491,000 from Federal funds, and $5,495,000 from
other funds), for the public schools of the District of
Columbia; $8,900,000 from local funds for the District of
Columbia Teachers' Retirement Fund; $3,376,000 from local
funds (not including funds already made available for
District of Columbia public schools) for public charter
schools: Provided, That if the entirety of this allocation
has not been provided as payments to any public charter
schools currently in operation through the per pupil funding
formula, the funds shall be available for new public charter
schools on a per pupil basis: Provided further, That $400,000
be available to the District of Columbia Public Charter
School Board for administrative costs: Provided further, That
if the entirety of this allocation has not been provided as
payment to one or more public charter schools by May 1, 1998,
and remains unallocated, the funds shall be deposited into a
special revolving loan fund to be used solely to assist
existing or new public charter schools in meeting startup and
operating costs: Provided further, That the Emergency
Transitional Education Board of Trustees of the District of
Columbia shall report to Congress not later than 120 days
after the date of enactment of this Act on the capital needs
of each public charter school and whether the current per
pupil funding formula should reflect these needs: Provided
further, That until the Emergency Transitional Education
Board of Trustees reports to Congress as provided in the
preceding proviso, the Emergency Transitional Education Board
of Trustees shall take appropriate steps to provide public
charter schools with assistance to meet all capital expenses
in a manner that is equitable with respect to assistance
provided to other District of Columbia public schools:
Provided further, That the Emergency Transitional Education
Board of Trustees shall report to Congress not later than
November 1, 1998, on the implementation of their policy to
give preference to newly created District of Columbia public
charter schools for surplus public school property;
$74,087,000 (including $37,791,000 from local funds,
$12,804,000 from Federal funds, and $23,492,000 from other
funds) for the University of the District of Columbia;
$22,036,000 (including $20,424,000 from local funds,
$1,158,000 from Federal funds, and $454,000 from other funds)
for the Public Library; $2,057,000 (including $1,704,000 from
local funds and $353,000 from Federal funds) for the
Commission on the Arts and Humanities: Provided further, That
the public schools of the District of Columbia are authorized
to accept not to exceed 31 motor vehicles for exclusive use
in the driver education program: Provided further, That not
to exceed $2,500 for the Superintendent of Schools, $2,500
[[Page S12317]]
for the President of the University of the District of
Columbia, and $2,000 for the Public Librarian shall be
available from this appropriation for official purposes:
Provided further, That not less than $1,200,000 shall be
available for local school allotments in a restricted line
item: Provided further, That not less than $4,500,000 shall
be available to support kindergarten aides in a restricted
line item: Provided further, That not less than $2,800,000
shall be available to support substitute teachers in a
restricted line item: Provided further, That not less than
$1,788,000 shall be available in a restricted line item for
school counselors: Provided further, That this appropriation
shall not be available to subsidize the education of
nonresidents of the District of Columbia at the University of
the District of Columbia, unless the Board of Trustees of the
University of the District of Columbia adopts, for the fiscal
year ending September 30, 1998, a tuition rate schedule that
will establish the tuition rate for nonresident students at a
level no lower than the nonresident tuition rate charged at
comparable public institutions of higher education in the
metropolitan area.
Human Support Services
Human support services, $1,718,939,000 (including
$789,350,000 from local funds, $886,702,000 from Federal
funds, and $42,887,000 from other funds): Provided, That
$21,089,000 of this appropriation, to remain available until
expended, shall be available solely for District of Columbia
employees' disability compensation: Provided further, That a
peer review committee shall be established to review medical
payments and the type of service received by a disability
compensation claimant: Provided further, That the District of
Columbia shall not provide free government services such as
water, sewer, solid waste disposal or collection, utilities,
maintenance, repairs, or similar services to any legally
constituted private nonprofit organization (as defined in
section 411(5) of Public Law 100-77, approved July 22, 1987)
providing emergency shelter services in the District, if the
District would not be qualified to receive reimbursement
pursuant to the Stewart B. McKinney Homeless Assistance Act,
approved July 22, 1987 (101 Stat. 485; Public Law 100-77; 42
U.S.C. 11301 et seq.).
Public Works
Public works, including rental of one passenger-carrying
vehicle for use by the Mayor and three passenger-carrying
vehicles for use by the Council of the District of Columbia
and leasing of passenger-carrying vehicles, $241,934,000
(including $227,983,000 from local funds, $3,350,000 from
Federal funds, and $10,601,000 from other funds): Provided,
That this appropriation shall not be available for collecting
ashes or miscellaneous refuse from hotels and places of
business: Provided further, That $3,000,000 shall be
available for the lease financing, operation, and maintenance
of two mechanical street sweepers, one flusher truck, five
packer trucks, one front-end loader, and various public
litter containers: Provided further, That $2,400,000 shall be
available for recycling activities.
Financing and Other Uses
Financing and other uses, $454,773,000 (including for
payment to the Washington Convention Center, $5,400,000 from
local funds; reimbursement to the United States of funds
loaned in compliance with An Act to provide for the
establishment of a modern, adequate, and efficient hospital
center in the District of Columbia, approved August 7, 1946
(60 Stat. 896; Public Law 79-648); section 1 of An Act to
authorize the Commissioners of the District of Columbia to
borrow funds for capital improvement programs and to amend
provisions of law relating to Federal Government
participation in meeting costs of maintaining the Nation's
Capital City, approved June 6, 1958 (72 Stat. 183; Public Law
85-451; D.C. Code, sec. 9-219); section 4 of An Act to
authorize the Commissioners of the District of Columbia to
plan, construct, operate, and maintain a sanitary sewer to
connect the Dulles International Airport with the District of
Columbia system, approved June 12, 1960 (74 Stat. 211; Public
Law 86-515); and sections 723 and 743(f) of the District of
Columbia Home Rule Act of 1973, approved December 24, 1973,
as amended (87 Stat. 821; Public Law 93-198; D.C. Code, sec.
47-321, note; 91 Stat. 1156; Public Law 95-131; D.C. Code,
sec. 9-219, note), including interest as required thereby,
$384,430,000 from local funds; for the purpose of eliminating
the $331,589,000 general fund accumulated deficit as of
September 30, 1990, $39,020,000 from local funds, as
authorized by section 461(a) of the District of Columbia Home
Rule Act, approved December 24, 1973, as amended (105 Stat.
540; Public Law 102-106; D.C. Code, sec. 47-321(a)(1); for
payment of interest on short-term borrowing, $12,000,000 from
local funds; for lease payments in accordance with the
Certificates of Participation involving the land site
underlying the building located at One Judiciary Square,
$7,923,000 from local funds; for human resources development,
including costs of increased employee training,
administrative reforms, and an executive compensation system,
$6,000,000 from local funds); for equipment leases, the Mayor
may finance $13,127,000 of equipment cost, plus cost of
issuance not to exceed two percent of the par amount being
financed on a lease purchase basis with a maturity not to
exceed five years: Provided, That $75,000 is allocated to the
Department of Corrections, $8,000,000 for the Public Schools,
$50,000 for the Public Library, $260,000 for the Department
of Human Services, $244,000 for the Department of Recreation
and Parks, and $4,498,000 for the Department of Public Works.
ENTERPRISE FUNDS
Enterprise and Other Uses
Enterprises and other uses, $15,725,000 (including for the
Cable Television Enterprise Fund, established by the Cable
Television Communications Act of 1981, effective October 22,
1983 (D.C. Law 5-36; D.C. Code, sec. 43-1801 et seq.),
$2,467,000 (including $2,135,000 from local funds and
$332,000 from other funds); for the Public Service
Commission, $4,547,000 (including $4,250,000 from local
funds, $117,000 from Federal funds, and $180,000 from other
funds); for the Office of the People's Counsel, $2,428,000
from local funds; for the Office of Banking and Financial
Institutions, $600,000 (including $100,000 from local funds
and $500,000 from other funds); for the Department of
Insurance and Securities Regulation, $5,683,000 from other
funds).
Water and Sewer Authority and the Washington Aqueduct
For the Water and Sewer Authority and the Washington
Aqueduct, $297,310,000 from other funds (including
$263,425,000 for the Water and Sewer Authority and
$33,885,000 for the Washington Aqueduct) of which $41,423,000
shall be apportioned and payable to the District's debt
service fund for repayment of loans and interest incurred for
capital improvement projects.
Lottery and Charitable Games Control Board
For the Lottery and Charitable Games Control Board,
established by the District of Columbia Appropriation Act for
the fiscal year ending September 30, 1982, approved December
4, 1981 (95 Stat. 1174, 1175; Public Law 97-91), as amended,
for the purpose of implementing the Law to Legalize
Lotteries, Daily Numbers Games, and Bingo and Raffles for
Charitable Purposes in the District of Columbia, effective
March 10, 1981 (D.C. Law 3-172; D.C. Code, secs. 2-2501 et
seq. and 22-1516 et seq.), $213,500,000: Provided, That the
District of Columbia shall identify the source of funding for
this appropriation title from the District's own locally-
generated revenues: Provided further, That no revenues from
Federal sources shall be used to support the operations or
activities of the Lottery and Charitable Games Control Board.
Starplex Fund
For the Starplex Fund, $5,936,000 from other funds for
expenses incurred by the Armory Board in the exercise of its
powers granted by An Act To Establish A District of Columbia
Armory Board, and for other purposes, approved June 4, 1948
(62 Stat. 339; D.C. Code, sec. 2-301 et seq.) and the
District of Columbia Stadium Act of 1957, approved September
7, 1957 (71 Stat. 619; Public Law 85-300; D.C. Code, sec. 2-
321 et seq.): Provided, That the Mayor shall submit a budget
for the Armory Board for the forthcoming fiscal year as
required by section 442(b) of the District of Columbia Home
Rule Act, approved December 24, 1973 (87 Stat. 824; Public
Law 93-198; D.C. Code, sec. 47-301(b)).
D.C. General Hospital
For the District of Columbia General Hospital, established
by Reorganization Order No. 57 of the Board of Commissioners,
effective August 15, 1953, $97,019,000, of which $44,335,000
shall be derived by transfer from the general fund and
$52,684,000 shall be derived from other funds.
D.C. Retirement Board
For the D.C. Retirement Board, established by section 121
of the District of Columbia Retirement Reform Act of 1979,
approved November 17, 1979 (93 Stat. 866; D.C. Code, sec. 1-
711), $16,762,000 from the earnings of the applicable
retirement funds to pay legal, management, investment, and
other fees and administrative expenses of the District of
Columbia Retirement Board: Provided, That the District of
Columbia Retirement Board shall provide to the Congress and
to the Council of the District of Columbia a quarterly report
of the allocations of charges by fund and of expenditures of
all funds: Provided further, That the District of Columbia
Retirement Board shall provide the Mayor, for transmittal to
the Council of the District of Columbia, an itemized
accounting of the planned use of appropriated funds in time
for each annual budget submission and the actual use of such
funds in time for each annual audited financial report.
Correctional Industries Fund
For the Correctional Industries Fund, established by the
District of Columbia Correctional Industries Establishment
Act, approved October 3, 1964 (78 Stat. 1000; Public Law 88-
622), $3,332,000 from other funds.
Washington Convention Center Enterprise Fund
For the Washington Convention Center Enterprise Fund,
$46,400,000, of which $5,400,000 shall be derived by transfer
from the general fund.
District of Columbia Financial Responsibility and Management Assistance
Authority
For the District of Columbia Financial Responsibility and
Management Assistance Authority, established by section
101(a) of the District of Columbia Financial Responsibility
and Management Assistance Act of 1995, approved April 17,
1995 (109 Stat. 97; Public Law 104-8), $3,220,000.
Capital Outlay
For construction projects, $269,330,000 (including
$31,100,000 for the highway trust fund, $105,485,000 from
local funds, and $132,745,000 in Federal funds), to remain
available until expended: Provided, That funds for use of
each capital project implementing agency shall be managed and
controlled in accordance with all procedures and limitations
established under the Financial Management System: Provided
further, That all funds provided by this appropriation title
shall be available only for the specific projects and
purposes intended: Provided further, That notwithstanding the
foregoing, all authorizations for capital outlay projects,
except those projects covered by the first sentence
[[Page S12318]]
of section 23(a) of the Federal-Aid Highway Act of 1968,
approved August 23, 1968 (82 Stat. 827; Public Law 90-495;
D.C. Code, sec. 7-134, note), for which funds are provided by
this appropriation title, shall expire on September 30, 1999,
except authorizations for projects as to which funds have
been obligated in whole or in part prior to September 30,
1999: Provided further, That, upon expiration of any such
project authorization, the funds provided herein for the
project shall lapse.
Deficit Reduction and Revitalization
For deficit reduction and revitalization, $201,090,000, to
be deposited into an escrow account held by the District of
Columbia Financial Responsibility and Management Assistance
Authority (hereafter in this section referred to as
``Authority''), which shall allocate the funds to the Mayor,
or such other District official as the Authority may deem
appropriate, at such intervals and in accordance with such
terms and conditions as the Authority considers appropriate:
Provided, That these funds shall only be used for reduction
of the accumulated general fund deficit; capital
expenditures, including debt service; and management and
productivity improvements, as allocated by the Authority:
Provided further, That no funds may be obligated until a plan
for their use is approved by the Authority: Provided further,
That the Authority shall inform the Committees on
Appropriations of the Senate and House of Representatives,
the Committee on Governmental Affairs of the Senate, and the
Committee on Government Reform and Oversight of the House of
Representatives of the approved plans.
GENERAL PROVISIONS
Section 101. The expenditure of any appropriation under
this Act for any consulting service through procurement
contract, pursuant to 5 U.S.C. 3109, shall be limited to
those contracts where such expenditures are a matter of
public record and available for public inspection, except
where otherwise provided under existing law, or under
existing Executive order issued pursuant to existing law.
Sec. 102. Except as otherwise provided in this Act, all
vouchers covering expenditures of appropriations contained in
this Act shall be audited before payment by the designated
certifying official and the vouchers as approved shall be
paid by checks issued by the designated disbursing official.
Sec. 103. Whenever in this Act an amount is specified
within an appropriation for particular purposes or objects of
expenditure, such amount, unless otherwise specified, shall
be considered as the maximum amount that may be expended for
said purpose or object rather than an amount set apart
exclusively therefor.
Sec. 104. Appropriations in this Act shall be available,
when authorized by the Mayor, for allowances for privately-
owned automobiles and motorcycles used for the performance of
official duties at rates established by the Mayor: Provided,
That such rates shall not exceed the maximum prevailing rates
for such vehicles as prescribed in the Federal Property
Management Regulations 101-7 (Federal Travel Regulations).
Sec. 105. Appropriations in this Act shall be available for
expenses of travel and for the payment of dues of
organizations concerned with the work of the District of
Columbia government, when authorized by the Mayor: Provided,
That the Council of the District of Columbia and the District
of Columbia Courts may expend such funds without
authorization by the Mayor.
Sec. 106. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of judgments that have
been entered against the District of Columbia government:
Provided, That nothing contained in this section shall be
construed as modifying or affecting the provisions of section
11(c)(3) of title XII of the District of Columbia Income and
Franchise Tax Act of 1947, approved March 31, 1956 (70 Stat.
78; Public Law 84-460; D.C. Code, sec. 47-1812.11(c)(3)).
Sec. 107. Appropriations in this Act shall be available for
the payment of public assistance without reference to the
requirement of section 544 of the District of Columbia Public
Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-
101; D.C. Code, sec. 3-205.44), and for the non-Federal share
of funds necessary to qualify for Federal assistance under
the Juvenile Delinquency Prevention and Control Act of 1968,
approved July 31, 1968 (82 Stat. 462; Public Law 90-445; 42
U.S.C. 3801 et seq.).
Sec. 108. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 109. No funds appropriated in this Act for the
District of Columbia government for the operation of
educational institutions, the compensation of personnel, or
for other educational purposes may be used to permit,
encourage, facilitate, or further partisan political
activities. Nothing herein is intended to prohibit the
availability of school buildings for the use of any community
or partisan political group during non-school hours.
Sec. 110. None of the funds appropriated in this Act shall
be made available to pay the salary of any employee of the
District of Columbia government whose name, title, grade,
salary, past work experience, and salary history are not
available for inspection by the House and Senate Committees
on Appropriations, the Subcommittee on the District of
Columbia of the House Committee on Government Reform and
Oversight, the Subcommittee on Oversight of Government
Management, Restructuring and the District of Columbia of the
Senate Committee on Governmental Affairs, and the Council of
the District of Columbia, or their duly authorized
representative.
Sec. 111. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making payments authorized by the District of Columbia
Revenue Recovery Act of 1977, effective September 23, 1977
(D.C. Law 2-20; D.C. Code, sec. 47-421 et seq.).
Sec. 112. No part of this appropriation shall be used for
publicity or propaganda purposes or implementation of any
policy including boycott designed to support or defeat
legislation pending before Congress or any State legislature.
Sec. 113. At the start of the fiscal year, the Mayor shall
develop an annual plan, by quarter and by project, for
capital outlay borrowings: Provided, That within a reasonable
time after the close of each quarter, the Mayor shall report
to the Council of the District of Columbia and the Congress
the actual borrowings and spending progress compared with
projections.
Sec. 114. The Mayor shall not borrow any funds for capital
projects unless the Mayor has obtained prior approval from
the Council of the District of Columbia, by resolution,
identifying the projects and amounts to be financed with such
borrowings.
Sec. 115. The Mayor shall not expend any moneys borrowed
for capital projects for the operating expenses of the
District of Columbia government.
Sec. 116. None of the funds appropriated by this Act may be
obligated or expended by reprogramming except pursuant to
advance approval of the reprogramming granted according to
the procedure set forth in the Joint Explanatory Statement of
the Committee of Conference (House Report No. 96-443), which
accompanied the District of Columbia Appropriation Act, 1980,
approved October 30, 1979 (93 Stat. 713; Public Law 96-93),
as modified in House Report No. 98-265, and in accordance
with the Reprogramming Policy Act of 1980, effective
September 16, 1980 (D.C. Law 3-100; D.C. Code, sec. 47-361 et
seq.): Provided, That for the fiscal year ending September
30, 1998 the above shall apply except as modified by Public
Law 104-8.
Sec. 117. None of the Federal funds provided in this Act
shall be obligated or expended to provide a personal cook,
chauffeur, or other personal servants to any officer or
employee of the District of Columbia.
Sec. 118. None of the Federal funds provided in this Act
shall be obligated or expended to procure passenger
automobiles as defined in the Automobile Fuel Efficiency Act
of 1980, approved October 10, 1980 (94 Stat. 1824; Public Law
96-425; 15 U.S.C. 2001(2)), with an Environmental Protection
Agency estimated miles per gallon average of less than 22
miles per gallon: Provided, That this section shall not apply
to security, emergency rescue, or armored vehicles.
Sec. 119. (a) Notwithstanding section 422(7) of the
District of Columbia Home Rule Act of 1973, approved December
24, 1973 (87 Stat. 790; Public Law 93-198; D.C. Code, sec. 1-
242(7)), the City Administrator shall be paid, during any
fiscal year, a salary at a rate established by the Mayor, not
to exceed the rate established for Level IV of the Executive
Schedule under 5 U.S.C. 5315.
(b) For purposes of applying any provision of law limiting
the availability of funds for payment of salary or pay in any
fiscal year, the highest rate of pay established by the Mayor
under subsection (a) of this section for any position for any
period during the last quarter of calendar year 1997 shall be
deemed to be the rate of pay payable for that position for
September 30, 1997.
(c) Notwithstanding section 4(a) of the District of
Columbia Redevelopment Act of 1945, approved August 2, 1946
(60 Stat. 793; Public Law 79-592; D.C. Code, sec. 5-803(a)),
the Board of Directors of the District of Columbia
Redevelopment Land Agency shall be paid, during any fiscal
year, per diem compensation at a rate established by the
Mayor.
Sec. 120. Notwithstanding any other provisions of law, the
provisions of the District of Columbia Government
Comprehensive Merit Personnel Act of 1978, effective March 3,
1979 (D.C. Law 2-139; D.C. Code, sec. 1-601.1 et seq.),
enacted pursuant to section 422(3) of the District of
Columbia Home Rule Act of 1973, approved December 24, 1973
(87 Stat. 790; Public Law 93-198; D.C. Code, sec. 1-242(3)),
shall apply with respect to the compensation of District of
Columbia employees: Provided, That for pay purposes,
employees of the District of Columbia government shall not be
subject to the provisions of title 5, United States Code.
Sec. 121. The Director of the Department of Administrative
Services may pay rentals and repair, alter, and improve
rented premises, without regard to the provisions of section
322 of the Economy Act of 1932 (Public Law 72-212; 40 U.S.C.
278a), based upon a determination by the Director that, by
reason of circumstances set forth in such determination, the
payment of these rents and the execution of this work,
without reference to the limitations of section 322, is
advantageous to the District in terms of economy, efficiency,
and the District's best interest.
Sec. 122. No later than 30 days after the end of the first
quarter of the fiscal year ending September 30, 1998, the
Mayor of the District of Columbia shall submit to the Council
of the District of Columbia the new fiscal year 1998 revenue
estimates as of the end of the first quarter of fiscal year
1998. These estimates shall be used in the budget request for
the fiscal year ending September 30, 1999. The officially
revised estimates at midyear shall be used for the midyear
report.
Sec. 123. No sole source contract with the District of
Columbia government or any agency thereof may be renewed or
extended without opening that contract to the competitive
bidding process as set forth in section 303 of the District
of Columbia Procurement Practices Act of 1985, effective
February 21, 1986 (D.C. Law 6-85; D.C. Code, sec. 1-1183.3),
except that the District of Columbia government or any agency
thereof may renew or extend sole source contracts for
[[Page S12319]]
which competition is not feasible or practical: Provided,
That the determination as to whether to invoke the
competitive bidding process has been made in accordance with
duly promulgated rules and procedures and said determination
has been reviewed and approved by the District of Columbia
Financial Responsibility and Management Assistance Authority.
Sec. 124. For purposes of the Balanced Budget and Emergency
Deficit Control Act of 1985, approved December 12, 1985 (99
Stat. 1037; Public Law 99-177), as amended, the term
``program, project, and activity'' shall be synonymous with
and refer specifically to each account appropriating Federal
funds in this Act, and any sequestration order shall be
applied to each of the accounts rather than to the aggregate
total of those accounts: Provided, That sequestration orders
shall not be applied to any account that is specifically
exempted from sequestration by the Balanced Budget and
Emergency Deficit Control Act of 1985, approved December 12,
1985 (99 Stat. 1037; Public Law 99-177), as amended.
Sec. 125. In the event a sequestration order is issued
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985, approved December 12, 1985 (99 Stat. 1037;
Public Law 99-177), as amended, after the amounts
appropriated to the District of Columbia for the fiscal year
involved have been paid to the District of Columbia, the
Mayor of the District of Columbia shall pay to the Secretary
of the Treasury, within 15 days after receipt of a request
therefor from the Secretary of the Treasury, such amounts as
are sequestered by the order: Provided, That the
sequestration percentage specified in the order shall be
applied proportionately to each of the Federal appropriation
accounts in this Act that are not specifically exempted from
sequestration by the Balanced Budget and Emergency Deficit
Control Act of 1985, approved December 12, 1985 (99 Stat.
1037; Public Law 99-177), as amended.
Sec. 126. (a) An entity of the District of Columbia
government may accept and use a gift or donation during
fiscal year 1998 if--
(1) the Mayor approves the acceptance and use of the gift
or donation: Provided, That the Council of the District of
Columbia may accept and use gifts without prior approval by
the Mayor; and
(2) the entity uses the gift or donation to carry out its
authorized functions or duties.
(b) Each entity of the District of Columbia government
shall keep accurate and detailed records of the acceptance
and use of any gift or donation under subsection (a) of this
section, and shall make such records available for audit and
public inspection.
(c) For the purposes of this section, the term ``entity of
the District of Columbia government'' includes an independent
agency of the District of Columbia.
(d) This section shall not apply to the District of
Columbia Board of Education, which may, pursuant to the laws
and regulations of the District of Columbia, accept and use
gifts to the public schools without prior approval by the
Mayor.
Sec. 127. None of the Federal funds provided in this Act
may be used by the District of Columbia to provide for
salaries, expenses, or other costs associated with the
offices of United States Senator or United States
Representative under section 4(d) of the District of Columbia
Statehood Constitutional Convention Initiatives of 1979,
effective March 10, 1981 (D.C. Law 3-171; D.C. Code, sec. 1-
113(d)).
Sec. 128. The University of the District of Columbia shall
submit to the Congress, the Mayor, the District of Columbia
Financial Responsibility and Management Assistance Authority,
and the Council of the District of Columbia no later than
fifteen (15) calendar days after the end of each month a
report that sets forth--
(1) current month expenditures and obligations, year-to-
date expenditures and obligations, and total fiscal year
expenditure projections versus budget broken out on the basis
of control center, responsibility center, and object class,
and for all funds, non-appropriated funds, and capital
financing;
(2) a list of each account for which spending is frozen and
the amount of funds frozen, broken out by control center,
responsibility center, detailed object, and for all funding
sources;
(3) a list of all active contracts in excess of $10,000
annually, which contains the name of each contractor; the
budget to which the contract is charged broken out on the
basis of control center and responsibility center, and
contract identifying codes used by the University of the
District of Columbia; payments made in the last month and
year-to-date, the total amount of the contract and total
payments made for the contract and any modifications,
extensions, renewals; and specific modifications made to each
contract in the last month;
(4) all reprogramming requests and reports that have been
made by the University of the District of Columbia within the
last month in compliance with applicable law; and
(5) changes made in the last month to the organizational
structure of the University of the District of Columbia,
displaying previous and current control centers and
responsibility centers, the names of the organizational
entities that have been changed, the name of the staff member
supervising each entity affected, and the reasons for the
structural change.
Sec. 129. Funds authorized or appropriated to the
government of the District of Columbia by this or any other
act to procure the necessary hardware and installation of new
software, conversion, testing, and training to improve or
replace its financial management system are also available
for the acquisition of accounting and financial management
services and the leasing of necessary hardware, software or
any other related goods or services, as determined by the
District of Columbia Financial Responsibility and Management
Assistance Authority.
Sec. 130. Section 456 of the District of Columbia Home Rule
Act of 1973, approved December 24, 1973 (87 Stat. 790; Public
Law 93-198; D.C. Code, secs. 47-231 et seq.) is amended--
(1) in subsection (a)(1), by--
(A) striking ``1995'' and inserting ``1998'';
(B) striking ``Mayor'' and inserting ``District of Columbia
Financial Responsibility and Management Assistance
Authority''; and
(C) striking ``Committee on the District of Columbia'' and
inserting ``Committee on Government Reform and Oversight'';
(2) in subsection (b)(1), by--
(A) striking ``1997'' and inserting ``1999'';
(B) striking ``Mayor'' and inserting ``Authority''; and
(C) striking ``Committee on the District of Columbia'' and
inserting ``Committee on Government Reform and Oversight'';
(3) in subsection (b)(3), by striking ``Committee on the
District of Columbia'' and inserting ``Committee on
Government Reform and Oversight'';
(4) in subsection (c)(1), by--
(A) striking ``1995'' and inserting ``1997'';
(B) striking ``Mayor'' and inserting ``Chief Financial
Officer''; and
(C) striking ``Committee on the District of Columbia'' and
inserting ``Committee on Government Reform and Oversight'';
(5) in subsection (c)(2)(A), by--
(A) striking ``1997'' and inserting ``1999'';
(B) striking ``Mayor'' and inserting ``Chief Financial
Officer''; and
(C) striking ``Committee on the District of Columbia'' and
inserting ``Committee on Government Reform and Oversight'';
(6) in subsection (c)(2)(B), by striking ``Committee on the
District of Columbia'' and inserting ``Committee on
Government Reform and Oversight''; and
(7) in subsection (d)(1), by--
(A) striking ``1994'' and inserting ``1997'';
(B) striking ``Mayor'' and inserting ``Chief Financial
Officer''; and
(C) striking ``Committee on the District of Columbia'' and
inserting ``Committee on Government Reform and Oversight''.
Sec. 131. For purposes of the appointment of the head of a
department of the government of the District of Columbia
under section 11105(a) of the National Capital Revitalization
and Self-Improvement Act of 1997, Public Law 105-33, the
following rules shall apply:
(1) After the Mayor notifies the Council under paragraph
(1)(A)(ii) of such section of the nomination of an individual
for appointment, the Council shall meet to determine whether
to confirm or reject the nomination.
(2) If the Council fails to confirm or reject the
nomination during the 7-day period described in paragraph
(1)(A)(iii) of such section, the Council shall be deemed to
have confirmed the nomination.
(3) For purposes of paragraph (1)(B) of such section, if
the Council does not confirm a nomination (or is not deemed
to have confirmed a nomination) during the 30-day period
described in such paragraph, the Mayor shall be deemed to
have failed to nominate an individual during such period to
fill the vacancy in the position of the head of the
department.
Sec. 132. None of the funds appropriated under this Act
shall be expended for any abortion except where the life of
the mother would be endangered if the fetus were carried to
term or where the pregnancy is the result of an act of rape
or incest.
Sec. 133. None of the funds made available in this Act may
be used to implement or enforce the Health Care Benefits
Expansion Act of 1992 (D.C. Law 9-114; D.C. Code, sec. 36-
1401 et seq.) or to otherwise implement or enforce any system
of registration of unmarried, cohabiting couples (whether
homosexual, heterosexual, or lesbian), including but not
limited to registration for the purpose of extending
employment, health, or governmental benefits to such couples
on the same basis as such benefits are extended to legally
married couples.
Sec. 134. The Emergency Transitional Education Board of
Trustees shall submit to the Congress, the Mayor, the
District of Columbia Financial Responsibility and Management
Assistance Authority, and the Council of the District of
Columbia no later than fifteen (15) calendar days after the
end of each month a report that sets forth--
(1) current month expenditures and obligations, year-to-
date expenditures and obligations, and total fiscal year
expenditure projections versus budget broken out on the basis
of control center, responsibility center, agency reporting
code, and object class, and for all funds, including capital
financing;
(2) a list of each account for which spending is frozen and
the amount of funds frozen, broken out by control center,
responsibility center, detailed object, and agency reporting
code, and for all funding sources;
(3) a list of all active contracts in excess of $10,000
annually, which contains the name of each contractor; the
budget to which the contract is charged broken out on the
basis of control center, responsibility center, and agency
reporting code; and contract identifying codes used by the
D.C. Public Schools; payments made in the last month and
year-to-date, the total amount of the contract and total
payments made for the contract and any modifications,
extensions, renewals; and specific modifications made to each
contract in the last month;
(4) all reprogramming requests and reports that are
required to be, and have been, submitted to the Board of
Education; and
(5) changes made in the last month to the organizational
structure of the D.C. Public Schools, displaying previous and
current control centers and responsibility centers, the names
of the organizational entities that have been changed, the
name of the staff member supervising each entity affected,
and the reasons for the structural change.
[[Page S12320]]
Sec. 135. (a) In General.--The Emergency Transitional
Education Board of Trustees of the District of Columbia and
the University of the District of Columbia shall annually
compile an accurate and verifiable report on the positions
and employees in the public school system and the university,
respectively. The annual report shall set forth--
(1) the number of validated schedule A positions in the
District of Columbia Public Schools and the University of the
District of Columbia for fiscal year 1997, fiscal year 1998,
and thereafter on a full-time equivalent basis, including a
compilation of all positions by control center,
responsibility center, funding source, position type,
position title, pay plan, grade, and annual salary; and
(2) a compilation of all employees in the District of
Columbia Public Schools and the University of the District of
Columbia as of the preceding December 31, verified as to its
accuracy in accordance with the functions that each employee
actually performs, by control center, responsibility center,
agency reporting code, program (including funding source),
activity, location for accounting purposes, job title, grade
and classification, annual salary, and position control
number.
(b) Submission.--The annual report required by subsection
(a) of this section shall be submitted to the Congress, the
Mayor, the District of Columbia Council, the Consensus
Commission, and the Authority, not later than February 15 of
each year.
Sec. 136. (a) No later than October 1, 1997, or within 15
calendar days after the date of the enactment of the District
of Columbia Appropriations Act, 1998, whichever occurs later,
and each succeeding year, the Emergency Transitional
Education Board of Trustees and the University of the
District of Columbia shall submit to the appropriate
congressional committees, the Mayor, the District of Columbia
Council, the Consensus Commission, and the District of
Columbia Financial Responsibility and Management Assistance
Authority, a revised appropriated funds operating budget for
the public school system and the University of the District
of Columbia for such fiscal year that is in the total amount
of the approved appropriation and that realigns budgeted data
for personal services and other-than-personal services,
respectively, with anticipated actual expenditures.
(b) The revised budget required by subsection (a) of this
section shall be submitted in the format of the budget that
the Emergency Transitional Education Board of Trustees and
the University of the District of Columbia submit to the
Mayor of the District of Columbia for inclusion in the
Mayor's budget submission to the Council of the District of
Columbia pursuant to section 442 of the District of Columbia
Home Rule Act, Public Law 93-198, as amended (D.C. Code, sec.
47-301).
Sec. 137. The Emergency Transitional Education Board of
Trustees, the Board of Trustees of the University of the
District of Columbia, the Board of Library Trustees, and the
Board of Governors of the University of the District of
Columbia School of Law shall vote on and approve their
respective annual or revised budgets before submission to the
Mayor of the District of Columbia for inclusion in the
Mayor's budget submission to the Council of the District of
Columbia in accordance with section 442 of the District of
Columbia Home Rule Act, Public Law 93-198, as amended (D.C.
Code, sec. 47-301), or before submitting their respective
budgets directly to the Council.
Sec. 138. (a) Ceiling on Total Operating Expenses.--
(1) In general.--Notwithstanding any other provision of
law, the total amount appropriated in this Act for operating
expenses for the District of Columbia for fiscal year 1998
under the caption ``Division of Expenses'' shall not exceed
the lesser of--
(A) the sum of the total revenues of the District of
Columbia for such fiscal year; or
(B) $4,811,906,000 (of which $118,269,000 shall be from
intra-District funds), which amount may be increased by the
following:
(i) proceeds of one-time transactions, which are expended
for emergency or unanticipated operating or capital needs
approved by the District of Columbia Financial Responsibility
and Management Assistance Authority; and
(ii) additional expenditures which the Chief Financial
Officer of the District of Columbia certifies will produce
additional revenues during such fiscal year at least equal to
200 percent of such additional expenditures, and which are
approved by the District of Columbia Financial Responsibility
and Management Assistance Authority.
(C) to the extent that the sum of the total revenues of the
District of Columbia for such fiscal year exceed the total
amount provided for in subsection (B) above, the Chief
Financial Officer of the District of Columbia, with the
approval of the District of Columbia Financial Responsibility
and Management Assistance Authority, may credit up to ten
percent (10%) of the amount of such difference, not to exceed
$3,300,000, to a reserve fund which may be expended for
operating purposes in future fiscal years, in accordance with
the financial plans and budgets for such years.
(2) Enforcement.--The Chief Financial Officer of the
District of Columbia and the District of Columbia Financial
Responsibility and Management Assistance Authority (hereafter
in this section referred to as ``Authority'') shall take such
steps as are necessary to assure that the District of
Columbia meets the requirements of this section, including
the apportioning by the Chief Financial Officer of the
appropriations and funds made available to the District
during fiscal year 1998.
(b) Acceptance and Use of Grants Not Included in Ceiling.--
(1) In general.--Notwithstanding subsection (a), the Mayor
in consultation with the Chief Financial Officer of the
District of Columbia during a control year, as defined in
section 305(4) of Public Law 104-8, as amended, 109 Stat.
152, may accept, obligate, and expend Federal, private, and
other grants received by the District government that are not
reflected in the amounts appropriated in this Act.
(2) Requirement of chief financial officer report and
financial responsibility and management assistance authority
approval.--No such Federal, private, or other grant may be
accepted, obligated, or expended pursuant to paragraph (1)
until--
(A) the Chief Financial Officer of the District submits to
the Authority a report setting forth detailed information
regarding such grant; and
(B) the Authority has reviewed and approved the acceptance,
obligation, and expenditure of such grant in accordance with
review and approval procedures consistent with the provisions
of the District of Columbia Financial Responsibility and
Management Assistance Act of 1995.
(3) Prohibition on spending in anticipation of approval or
receipt.--No amount may be obligated or expended from the
general fund or other funds of the District government in
anticipation of the approval or
