Union Calendar No. 312

103D CONGRESS

2D SESSION H. R. 4649

[Report No. 103–558]

A BILL

Making appropriations for the government of the

30, 1995, and for other purposes.said District for the fiscal year ending Septemberable in whole or in part against the revenues ofDistrict of Columbia and other activities chargeJUNE 24, 1994

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed
IB

Union Calendar No. 312

103D CONGRESS

2D SESSION H. R. 4649

[Report No. 103–558]

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, 1995, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 24, 1994

Mr. DIXON, from the Committee on Appropriations, reported the following bill;

which was committed to the Committee of the Whole House on the State

of the Union and ordered to be printed

A BILL

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, 1995, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the
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1 District of Columbia for the fiscal year ending September

2 30, 1995, and for other purposes, namely:

3 TITLE I

4 FISCAL YEAR 1995 APPROPRIATIONS

5 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

6 For payment to the District of Columbia for the fiscal

7 year ending September 30, 1995, $667,930,000, as au8 thorized by section 502(a) of the District of Columbia

9 Self-Government and Governmental Reorganization Act,

10 Public Law 93–198, as amended (D.C. Code, sec. 47–

11 3406.1).

12 FEDERAL CONTRIBUTION TO RETIREMENT FUNDS

13 For the Federal contribution to the Police Officers

14 and Fire Fighters’, Teachers’, and Judges’ Retirement

15 Funds, as authorized by the District of Columbia Retire16 ment Reform Act, approved November 17, 1979 (93 Stat.

17 866; Public Law 96–122), $52,070,000.

18 DIVISION OF EXPENSES

19 The following amounts are appropriated for the Dis20 trict of Columbia for the current fiscal year out of the

21 general fund of the District of Columbia, except as other22 wise specifically provided.

23 GOVERNMENTAL DIRECTION AND SUPPORT

24 Governmental direction and support, $81,159,000:

25 Provided, That not to exceed $2,500 for the Mayor,
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1 $2,500 for the Chairman of the Council of the District

2 of Columbia, and $2,500 for the City Administrator shall

3 be available from this appropriation for expenditures for

4 official purposes: Provided further, That any program fees

5 collected from the issuance of debt shall be available for

6 the payment of expenses of the debt management program

7 of the District of Columbia: Provided further, That not8 withstanding any other provision of law, there is hereby

9 appropriated from the earnings of the applicable retire10 ment funds $12,432,000 to pay legal, management, in11 vestment, and other fees and administrative expenses of

12 the District of Columbia Retirement Board: Provided fur13 ther, That the District of Columbia Retirement Board

14 shall provide to the Congress and to the Council of the

15 District of Columbia a quarterly report of the allocations

16 of charges by fund and of expenditures of all funds: Pro17 vided further, That the District of Columbia Retirement

18 Board shall provide the Mayor, for transmittal to the

19 Council of the District of Columbia, an item accounting

20 of the planned use of appropriated funds in time for each

21 annual budget submission and the actual use of such

22 funds in time for each annual audited financial report:

23 Provided further, That no revenues from Federal sources

24 shall be used to support the operations or activities of the

25 Statehood Commission and Statehood Compact Commis-
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1 sion: Provided further, That the District of Columbia shall

2 identify the sources of funding for Admission to Statehood

3 from its own locally generated revenues.

4 ECONOMIC DEVELOPMENT AND REGULATION

5 Economic development and regulation, $56,343,000:

6 Provided, That the District of Columbia Housing Finance

7 Agency, established by section 201 of the District of Co8 lumbia Housing Finance Agency Act, effective March 3,

9 1979 (D.C. Law 2–135; D.C. Code, sec. 45–2111), based

10 upon its capability of repayments as determined each year

11 by the Council of the District of Columbia from the Hous12 ing Finance Agency’s annual audited financial statements

13 to the Council of the District of Columbia, shall repay to

14 the general fund an amount equal to the appropriated ad15 ministrative costs plus interest at a rate of four percent

16 per annum for a term of 15 years, with a deferral of pay17 ments for the first three years: Provided further, That not18 withstanding the foregoing provision, the obligation to

19 repay all or part of the amounts due shall be subject to

20 the rights of the owners of any bonds or notes issued by

21 the Housing Finance Agency and shall be repaid to the

22 District of Columbia government only from available oper23 ating revenues of the Housing Finance Agency that are

24 in excess of the amounts required for debt service, reserve

25 funds, and operating expenses: Provided further, That
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1 upon commencement of the debt service payments, such

2 payments shall be deposited into the general fund of the

3 District of Columbia.

4 HUMAN RESOURCES DEVELOPMENT

5 Human resources development, $41,046,000.

6 PUBLIC SAFETY AND JUSTICE

7 Public safety and justice, including purchase of 135

8 passenger-carrying vehicles for replacement only, includ9 ing 130 for police-type use and five for fire-type use, with10 out regard to the general purchase price limitation for the

11 current fiscal year, $884,926,000: Provided, That the

12 Metropolitan Police Department is authorized to replace

13 not to exceed 25 passenger-carrying vehicles and the Fire

14 Department of the District of Columbia is authorized to

15 replace not to exceed five passenger-carrying vehicles an16 nually whenever the cost of repair to any damaged vehicle

17 exceeds three-fourths of the cost of the replacement: Pro18 vided further, That not to exceed $500,000 shall be avail19 able from this appropriation for the Chief of Police for

20 the prevention and detection of crime: Provided further,

21 That the Metropolitan Police Department shall provide

22 quarterly reports to the Committees on Appropriations of

23 the House and Senate on efforts to increase efficiency and

24 improve the professionalism in the department: Provided

25 further, That notwithstanding any other provision of law,
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1 or Mayor’s Order 86–45, issued March 18, 1986, the Met2 ropolitan Police Department’s delegated small purchase

3 authority shall be $500,000: Provided further, That the

4 District of Columbia government may not require the Met5 ropolitan Police Department to submit to any other pro6 curement review process, or to obtain the approval of or

7 be restricted in any manner by any official or employee

8 of the District of Columbia government, for purchases

9 that do not exceed $500,000: Provided further, That funds

10 appropriated for expenses under the District of Columbia

11 Criminal Justice Act, approved September 3, 1974 (88

12 Stat. 1090; Public Law 93–412; D.C. Code, sec. 11–2601

13 et seq.), for the fiscal year ending September 30, 1995,

14 shall be available for obligations incurred under the Act

15 in each fiscal year since inception in the fiscal year 1975:

16 Provided further, That funds appropriated for expenses

17 under the District of Columbia Neglect Representation

18 Equity Act of 1984, effective March 13, 1985 (D.C. Law

19 5–129; D.C. Code, sec. 16–2304), for the fiscal year end20 ing September 30, 1995, shall be available for obligations

21 incurred under the Act in each fiscal year since inception

22 in the fiscal year 1985: Provided further, That funds ap23 propriated for expenses under the District of Columbia

24 Guardianship, Protective Proceedings, and Durable Power

25 of Attorney Act of 1986, effective February 27, 1987
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1 (D.C. Law 6–204; D.C. Code, sec. 21–2060), for the fiscal

2 year ending September 30, 1995, shall be available for ob3 ligations incurred under the Act in each fiscal year since

4 inception in fiscal year 1989: Provided further, That not

5 to exceed $1,500 for the Chief Judge of the District of

6 Columbia Court of Appeals, $1,500 for the Chief Judge

7 of the Superior Court of the District of Columbia, and

8 $1,500 for the Executive Officer of the District of Colum9 bia Courts shall be available from this appropriation for

10 official purposes: Provided further, That the District of

11 Columbia shall operate and maintain a free, 24-hour tele12 phone information service whereby residents of the area

13 surrounding Lorton prison in Fairfax County, Virginia,

14 can promptly obtain information from District of Colum15 bia government officials on all disturbances at the prison,

16 including escapes, fires, riots, and similar incidents: Pro17 vided further, That the District of Columbia government

18 shall also take steps to publicize the availability of the 24-

19 hour telephone information service among the residents of

20 the area surrounding the Lorton prison: Provided further,

21 That not to exceed $100,000 of this appropriation shall

22 be used to reimburse Fairfax County, Virginia, and Prince

23 William County, Virginia, for expenses incurred by the

24 counties during the fiscal year ending September 30,

25 1995, in relation to the Lorton prison complex: Provided
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1 further, That such reimbursements shall be paid in all in2 stances in which the District requests the counties to pro3 vide police, fire, rescue, and related services to help deal

4 with escapes, fires, riots, and similar disturbances involv5 ing the prison: Provided further, That the Mayor shall re6 imburse the District of Columbia National Guard for ex7 penses incurred in connection with services that are per8 formed in emergencies by the National Guard in a militia

9 status and are requested by the Mayor, in amounts that

10 shall be jointly determined and certified as due and pay11 able for these services by the Mayor and the Commanding

12 General of the District of Columbia National Guard: Pro13 vided further, That such sums as may be necessary for

14 reimbursement to the District of Columbia National

15 Guard under the preceding proviso shall be available from

16 this appropriation, and the availability of the sums shall

17 be deemed as constituting payment in advance for emer18 gency services involved.

19 PUBLIC EDUCATION SYSTEM

20 Public education system, including the development

21 of national defense education programs, $720,258,000, to

22 be allocated as follows: $542,682,000 for the public

23 schools of the District of Columbia; $87,100,000 shall be

24 allocated for the District of Columbia Teachers’ Retire25 ment Fund; $60,348,000 for the University of the District
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1 of Columbia; $21,260,000 for the Public Library, of which

2 $200,000 shall be transferred to the Children’s Museum;

3 $3,301,000 for the Commission on the Arts and Human4 ities; and $5,567,000 for the District of Columbia School

5 of Law: Provided, That the public schools of the District

6 of Columbia are authorized to accept not to exceed 31

7 motor vehicles for exclusive use in the driver education

8 program: Provided further, That not to exceed $2,500 for

9 the Superintendent of Schools, $2,500 for the President

10 of the University of the District of Columbia, and $2,000

11 for the Public Librarian shall be available from this appro12 priation for expenditures for official purposes: Provided

13 further, That this appropriation shall not be available to

14 subsidize the education of nonresidents of the District of

15 Columbia at the University of the District of Columbia,

16 unless the Board of Trustees of the University of the Dis17 trict of Columbia adopts, for the fiscal year ending Sep18 tember 30, 1995, a tuition rate schedule that will establish

19 the tuition rate for nonresident students at a level no

20 lower than the nonresident tuition rate charged at com21 parable public institutions of higher education in the met22 ropolitan area.

23 HUMAN SUPPORT SERVICES

24 Human support services, $898,034,000: Provided,

25 That $20,800,000 of this appropriation, to remain avail-
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1 able until expended, shall be available solely for District

2 of Columbia employees’ disability compensation: Provided

3 further, That the District shall not provide free govern4 ment services such as water, sewer, solid waste disposal

5 or collection, utilities, maintenance, repairs, or similar

6 services to any legally constituted private nonprofit organi7 zation (as defined in section 411(5) of Public Law 100–

8 77, approved July 22, 1987) providing emergency shelter

9 services in the District, if the District would not be quali10 fied to receive reimbursement pursuant to the Stewart B.

11 McKinney Homeless Assistance Act, approved July 22,

12 1987 (101 Stat. 485; Public Law 100–77; 42 U.S.C.

13 11301 et seq.).

14 PUBLIC WORKS

15 Public works, including rental of one passenger-car16 rying vehicle for use by the Mayor and three passenger17 carrying vehicles for use by the Council of the District of

18 Columbia and purchase of passenger-carrying vehicles for

19 replacement only, $195,002,000: Provided, That this ap20 propriation shall not be available for collecting ashes or

21 miscellaneous refuse from hotels and places of business.

22 WASHINGTON CONVENTION CENTER FUND

23 For the Washington Convention Center Fund,

24 $12,850,000.
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1 REPAYMENT OF LOANS AND INTEREST

2 For reimbursement to the United States of funds

3 loaned in compliance with An Act to provide for the estab4 lishment of a modern, adequate, and efficient hospital cen5 ter in the District of Columbia, approved August 7, 1946

6 (60 Stat. 896; Public Law 79–648); section 1 of An Act

7 to authorize the Commissioners of the District of Colum8 bia to borrow funds for capital improvement programs and

9 to amend provisions of law relating to Federal Govern10 ment participation in meeting costs of maintaining the

11 Nation’s Capital City, approved June 6, 1958 (72 Stat.

12 183; Public Law 85–451; D.C. Code, sec. 9–219); section

13 4 of An Act to authorize the Commissioners of the District

14 of Columbia to plan, construct, operate, and maintain a

15 sanitary sewer to connect the Dulles International Airport

16 with the District of Columbia system, approved June 12,

17 1960 (74 Stat. 211; Public Law 86–515); sections 723

18 and 743(f) of the District of Columbia Self-Government

19 and Governmental Reorganization Act of 1973, approved

20 December 24, 1973, as amended (87 Stat. 821; Public

21 Law 93–198; D.C. Code, sec. 47–321, note; 91 Stat.

22 1156; Public Law 95–131; D.C. Code, sec. 9–219, note),

23 including interest as required thereby, $306,768,000.
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1 REPAYMENT OF GENERAL FUND RECOVERY DEBT

2 For the purpose of eliminating the $331,589,000

3 general fund accumulated deficit as of September 30,

4 1990, $38,678,000, as authorized by section 461(a) of the

5 District of Columbia Self-Government and Governmental

6 Reorganization Act, approved December 24, 1973, as

7 amended (105 Stat. 540; Public Law 102–106; D.C. Code,

8 sec. 47–321(a)).

9 SHORT-TERM BORROWING

10 For short-term borrowing, $5,000,000.

11 OPTICAL AND DENTAL BENEFITS

12 For optical and dental costs for nonunion employees,

13 $3,312,000.

14 PAY ADJUSTMENT

15 For pay increases and related costs, to be transferred

16 by the Mayor of the District of Columbia within the var17 ious appropriation headings in this Act for fiscal year

18 1995 from which employees are properly payable,

19 $106,095,000.

20 D.C. GENERAL HOSPITAL DEFICIT PAYMENT

21 For the purpose of reimbursing the General Fund for

22 costs incurred for the operation of the D.C. General Hos23 pital pursuant to D.C. Law 1–134, the D.C. General Hos24 pital Commission Act of 1977, $10,000,000.
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1 RAINY DAY FUND

2 For mandatory unavoidable expenditures within one

3 or several of the various appropriation headings of this

4 Act, to be allocated to the budgets for personal services

5 and nonpersonal services as requested by the Mayor and

6 approved by the Council pursuant to the procedures in sec7 tion 4 of the Reprogramming Policy Act of 1980, effective

8 September 16, 1980 (D.C. Law 3–100; D.C. Code, sec.

9 47–363), $22,508,000.

10 JOB-PRODUCING ECONOMIC DEVELOPMENT INCENTIVES

11 For tax incentive programs to be enacted by the

12 Council targeted specifically to stimulating job-producing

13 economic development in the District, $22,600,000.

14 CASH RESERVE FUND

15 For the purpose of a cash reserve fund to replenish

16 the consolidated cash balances of the District of Columbia,

17 $3,957,000.

18 PERSONAL AND NONPERSONAL SERVICES ADJUSTMENTS

19 The Mayor shall reduce appropriations and expendi20 tures for personal and nonpersonal services in the amount

21 of $5,702,000, within one or several of the various appro22 priation headings in this Act.

23 CAPITAL OUTLAY

24 For construction projects, $5,600,000, as authorized

25 by An Act authorizing the laying of water mains and serv-
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1 ice sewers in the District of Columbia, the levying of as2 sessments therefor, and for other purposes, approved April

3 22, 1904 (33 Stat. 244; Public Law 58–140; D.C. Code,

4 secs. 43–1512 through 43–1519); the District of Columbia

5 Public Works Act of 1954, approved May 18, 1954 (68

6 Stat. 101; Public Law 83–364); An Act to authorize the

7 Commissioners of the District of Columbia to borrow

8 funds for capital improvement programs and to amend

9 provisions of law relating to Federal Government partici10 pation in meeting costs of maintaining the Nation’s Cap11 ital City, approved June 6, 1958 (72 Stat. 183; Public

12 Law 85–451; including acquisition of sites, preparation of

13 plans and specifications, conducting preliminary surveys,

14 erection of structures, including building improvement and

15 alteration and treatment of grounds, to remain available

16 until expended: Provided, That $140,000 shall be available

17 for project management and $110,000 for design by the

18 Director of the Department of Public Works or by con19 tract for architectural engineering services, as may be de20 termined by the Mayor: Provided further, That funds for

21 use of each capital project implementing agency shall be

22 managed and controlled in accordance with all procedures

23 and limitations established under the Financial Manage24 ment System: Provided further, That all funds provided

25 by this appropriation title shall be available only for the
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1 specific projects and purposes intended: Provided further,

2 That notwithstanding the foregoing, all authorizations for

3 capital outlay projects, except those projects covered by

4 the first sentence of section 23(a) of the Federal-Aid

5 Highway Act of 1968, approved August 23, 1968 (82

6 Stat. 827; Public Law 90–495; D.C. Code, sec. 7–134,

7 note), for which funds are provided by this appropriation

8 title, shall expire on September 30, 1996, except author9 izations for projects as to which funds have been obligated

10 in whole or in part prior to September 30, 1996: Provided

11 further, That upon expiration of any such project author12 ization the funds provided herein for the project shall

13 lapse.

14 WATER AND SEWER ENTERPRISE FUND

15 For the Water and Sewer Enterprise Fund,

16 $265,653,000, of which $40,160,000 shall be apportioned

17 and payable to the debt service fund for repayment of

18 loans and interest incurred for capital improvement

19 projects: Provided, That of the amounts appropriated

20 under this heading in prior fiscal years for construction

21 projects from the water and sewer enterprise fund for the

22 Washington Aqueduct, $21,365 are rescinded.

23 In addition, for the Water and Sewer Enterprise

24 Fund, such amounts as are necessary for reimbursement

25 to the United States of funds loaned to the Secretary of
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1 the Army by the Secretary of the Treasury, including in2 terest as required thereby, for the Washington Aqueduct

3 Capital Improvement program.

4 Subject to approval of authorizing legislation, during

5 fiscal year 1995, new notes and other obligations shall be

6 issued by the Secretary of the Army to the Secretary of

7 the Treasury for the Washington Aqueduct Capital Im8 provement program in an aggregate principal amount of

9 $10,000,000.

10 LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

11 For the Lottery and Charitable Games Enterprise

12 Fund, established by the District of Columbia Appropria13 tion Act for the fiscal year ending September 30, 1982,

14 approved December 4, 1981 (95 Stat. 1174, 1175; Public

15 Law 97–91), as amended, for the purpose of implementing

16 the Law to Legalize Lotteries, Daily Numbers Games, and

17 Bingo and Raffles for Charitable Purposes in the District

18 of Columbia, effective March 10, 1981 (D.C. Law 3–172;

19 D.C. Code, secs. 2–2501 et seq. and 22–1516 et seq.),

20 $8,318,000, to be derived from non-Federal District of

21 Columbia revenues: Provided, That the District of Colum22 bia shall identify the source of funding for this appropria23 tion title from the District’s own locally-generated reve24 nues: Provided further, That no revenues from Federal
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1 sources shall be used to support the operations or activi2 ties of the Lottery and Charitable Games Control Board.

3 CABLE TELEVISION ENTERPRISE FUND

4 For the Cable Television Enterprise Fund, estab5 lished by the Cable Television Communications Act of

6 1981, effective October 22, 1983 (D.C. Law 5–36; D.C.

7 Code, sec. 43–1801 et seq.), $2,353,000, of which

8 $140,000 shall be transferred to the general fund of the

9 District of Columbia.

10 STARPLEX FUND

11 For the Starplex Fund, an amount necessary for the

12 expenses incurred by the Armory Board in the exercise

13 of its powers granted by An Act to Establish a District

14 of Columbia Armory Board, and for other purposes, ap15 proved June 4, 1948 (62 Stat. 339; D.C. Code, sec. 2–

16 301 et seq.) and the District of Columbia Stadium Act

17 of 1957, approved September 7, 1957 (71 Stat. 619; Pub18 lic Law 85–300; D.C. Code, sec. 2–321 et seq.): Provided,

19 That the Mayor shall submit a budget for the Armory

20 Board for the forthcoming fiscal year as required by sec21 tion 442(b) of the District of Columbia Self-Government

22 and Governmental Reorganization Act, approved Decem23 ber 24, 1973 (87 Stat. 824; Public Law 93–198; D.C.

24 Code, sec. 47–301(b)).
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1 GENERAL PROVISIONS

2 SEC. 101. The expenditure of any appropriation

3 under this Act for any consulting service through procure4 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

5 to those contracts where such expenditures are a matter

6 of public record and available for public inspection, except

7 where otherwise provided under existing law, or under

8 existing Executive order issued pursuant to existing law.

9 SEC. 102. Except as otherwise provided in this Act,

10 all vouchers covering expenditures of appropriations con11 tained in this Act shall be audited before payment by the

12 designated certifying official and the vouchers as approved

13 shall be paid by checks issued by the designated disbursing

14 official.

15 SEC. 103. Whenever in this Act, an amount is speci16 fied within an appropriation for particular purposes or ob17 jects of expenditure, such amount, unless otherwise speci18 fied, shall be considered as the maximum amount that

19 may be expended for said purpose or object rather than

20 an amount set apart exclusively therefor.

21 SEC. 104. Appropriations in this Act shall be avail22 able, when authorized by the Mayor, for allowances for

23 privately owned automobiles and motorcycles used for the

24 performance of official duties at rates established by the

25 Mayor: Provided, That such rates shall not exceed the
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1 maximum prevailing rates for such vehicles as prescribed

2 in the Federal Property Management Regulations 101–7

3 (Federal Travel Regulations).

4 SEC. 105. Appropriations in this Act shall be avail5 able for expenses of travel and for the payment of dues

6 of organizations concerned with the work of the District

7 of Columbia government, when authorized by the Mayor:

8 Provided, That the Council of the District of Columbia

9 and the District of Columbia Courts may expend such

10 funds without authorization by the Mayor.

11 SEC. 106. There are appropriated from the applicable

12 funds of the District of Columbia such sums as may be

13 necessary for making refunds and for the payment of

14 judgments that have been entered against the District of

15 Columbia government: Provided, That nothing contained

16 in this section shall be construed as modifying or affecting

17 the provisions of section 11(c)(3) of title XII of the Dis18 trict of Columbia Income and Franchise Tax Act of 1947,

19 approved March 31, 1956 (70 Stat. 78; Public Law 84–

20 460; D.C. Code, sec. 47–1812.11(c)(3)).

21 SEC. 107. Appropriations in this Act shall be avail22 able for the payment of public assistance without reference

23 to the requirement of section 544 of the District of Colum24 bia Public Assistance Act of 1982, effective April 6, 1982

25 (D.C. Law 4–101; D.C. Code, sec. 3–205.44), and for the
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1 non-Federal share of funds necessary to qualify for Fed2 eral assistance under the Juvenile Delinquency Prevention

3 and Control Act of 1968, approved July 31, 1968 (82

4 Stat. 462; Public Law 90–445; 42 U.S.C. 3801 et seq.).

5 SEC. 108. No part of any appropriation contained in

6 this Act shall remain available for obligation beyond the

7 current fiscal year unless expressly so provided herein.

8 SEC. 109. No funds appropriated in this Act for the

9 District of Columbia government for the operation of edu10 cational institutions, the compensation of personnel, or for

11 other educational purposes may be used to permit, encour12 age, facilitate, or further partisan political activities.

13 Nothing herein is intended to prohibit the availability of

14 school buildings for the use of any community or partisan

15 political group during non-school hours.

16 SEC. 110. The annual budget for the District of Co17 lumbia government for the fiscal year ending September

18 30, 1996, shall be transmitted to the Congress no later

19 than April 15, 1995.

20 SEC. 111. None of the funds appropriated in this Act

21 shall be made available to pay the salary of any employee

22 of the District of Columbia government whose name, title,

23 grade, salary, past work experience, and salary history are

24 not available for inspection by the House and Senate Com25 mittees on Appropriations, the House Committee on the
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1 District of Columbia, the Subcommittee on General Serv2 ices, Federalism, and the District of Columbia, of the Sen3 ate Committee on Governmental Affairs, and the Council

4 of the District of Columbia, or their duly authorized rep5 resentative: Provided, That none of the funds contained

6 in this Act shall be made available to pay the salary of

7 any employee of the District of Columbia government

8 whose name and salary are not available for public inspec9 tion.

10 SEC. 112. There are appropriated from the applicable

11 funds of the District of Columbia such sums as may be

12 necessary for making payments authorized by the District

13 of Columbia Revenue Recovery Act of 1977, effective Sep14 tember 23, 1977 (D.C. Law 2–20; D.C. Code, sec. 47–

15 421 et seq.).

16 SEC. 113. No part of this appropriation shall be used

17 for publicity or propaganda purposes or implementation

18 of any policy including boycott designed to support or de19 feat legislation pending before Congress or any State legis20 lature.

21 SEC. 114. At the start of the fiscal year, the Mayor

22 shall develop an annual plan, by quarter and by project,

23 for capital outlay borrowings: Provided, That within a rea24 sonable time after the close of each quarter, the Mayor

25 shall report to the Council of the District of Columbia and
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1 the Congress the actual borrowings and spending progress

2 compared with projections.

3 SEC. 115. The Mayor shall not borrow any funds for

4 capital projects unless the Mayor has obtained prior ap5 proval from the Council of the District of Columbia, by

6 resolution, identifying the projects and amounts to be fi7 nanced with such borrowings.

8 SEC. 116. The Mayor shall not expend any moneys

9 borrowed for capital projects for the operating expenses

10 of the District of Columbia government.

11 SEC. 117. None of the funds appropriated by this Act

12 may be obligated or expended by reprogramming except

13 pursuant to advance approval of the reprogramming

14 granted according to the procedure set forth in the Joint

15 Explanatory Statement of the Committee of Conference

16 (House Report No. 96–443), which accompanied the Dis17 trict of Columbia Appropriation Act, 1980, approved Octo18 ber 30, 1979 (93 Stat. 713; Public Law 96–93), as modi19 fied in House Report No. 98–265, and in accordance with

20 the Reprogramming Policy Act of 1980, effective Septem21 ber 16, 1980 (D.C. Law 3–100; D.C. Code, sec. 47–361

22 et seq.).

23 SEC. 118. None of the Federal funds provided in this

24 Act shall be obligated or expended to provide a personal
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1 cook, chauffeur, or other personal servants to any officer

2 or employee of the District of Columbia.

3 SEC. 119. None of the Federal funds provided in this

4 Act shall be obligated or expended to procure passenger

5 automobiles as defined in the Automobile Fuel Efficiency

6 Act of 1980, approved October 10, 1980 (94 Stat. 1824;

7 Public Law 96–425; 15 U.S.C. 2001(2)), with an Environ8 mental Protection Agency estimated miles per gallon aver9 age of less than 22 miles per gallon: Provided, That this

10 section shall not apply to security, emergency rescue, or

11 armored vehicles.

12 SEC. 120. (a) Notwithstanding section 422(7) of the

13 District of Columbia Self-Government and Governmental

14 Reorganization Act of 1973, approved December 24, 1973

15 (87 Stat. 790; Public Law 93–198; D.C. Code, sec. 1–

16 242(7)), the City Administrator shall be paid, during any

17 fiscal year, a salary at a rate established by the Mayor,

18 not to exceed the rate established for level IV of the Exec19 utive Schedule under 5 U.S.C. 5315.

20 (b) For purposes of applying any provision of law lim21 iting the availability of funds for payment of salary or pay

22 in any fiscal year, the highest rate of pay established by

23 the Mayor under subsection (a) of this section for any po24 sition for any period during the last quarter of calendar
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1 year 1994 shall be deemed to be the rate of pay payable

2 for that position for September 30, 1994.

3 (c) Notwithstanding section 4(a) of the District of

4 Columbia Redevelopment Act of 1945, approved August

5 2, 1946 (60 Stat. 793; Public Law 79–592; D.C. Code,

6 sec. 5–803(a)), the Board of Directors of the District of

7 Columbia Redevelopment Land Agency shall be paid, dur8 ing any fiscal year, per diem compensation at a rate estab9 lished by the Mayor.

10 SEC. 121. Notwithstanding any other provisions of

11 law, the provisions of the District of Columbia Govern12 ment Comprehensive Merit Personnel Act of 1978, effec13 tive March 3, 1979 (D.C. Law 2–139; D.C. Code, sec. 1–

14 601.1 et seq.), enacted pursuant to section 422(3) of the

15 District of Columbia Self-Government and Governmental

16 Reorganization Act of 1973, approved December 24, 1973

17 (87 Stat. 790; Public Law 93–198; D.C. Code, sec. 1–

18 242(3)), shall apply with respect to the compensation of

19 District of Columbia employees: Provided, That for pay

20 purposes, employees of the District of Columbia govern21 ment shall not be subject to the provisions of title 5 of

22 the United States Code.

23 SEC. 122. The Director of the Department of Admin24 istrative Services may pay rentals and repair, alter, and

25 improve rented premises, without regard to the provisions
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1 of section 322 of the Economy Act of 1932 (Public Law

2 72–212; 40 U.S.C. 278a), upon a determination by the

3 Director, that by reason of circumstances set forth in such

4 determination, the payment of these rents and the execu5 tion of this work, without reference to the limitations of

6 section 322, is advantageous to the District in terms of

7 economy, efficiency, and the District’s best interest.

8 SEC. 123. No later than 30 days after the end of the

9 first quarter of the fiscal year ending September 30, 1995,

10 the Mayor of the District of Columbia shall submit to the

11 Council of the District of Columbia the new fiscal year

12 1995 revenue estimates as of the end of the first quarter

13 of fiscal year 1995. These estimates shall be used in the

14 budget request for the fiscal year ending September 30,

15 1996. The officially revised estimates at midyear shall be

16 used for the midyear report.

17 SEC. 124. Section 466(b) of the District of Columbia

18 Self-Government and Governmental Reorganization Act of

19 1973, approved December 24, 1973 (87 Stat. 806; Public

20 Law 93–198; D.C. Code, sec. 47–326), as amended, is

21 amended by striking ‘‘sold before October 1, 1994’’ and

22 inserting ‘‘sold before October 1, 1995’’.

23 SEC. 125. No sole source contract with the District

24 of Columbia government or any agency thereof may be re25 newed or extended without opening that contract to the
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1 competitive bidding process as set forth in section 303 of

2 the District of Columbia Procurement Practices Act of

3 1985, effective February 21, 1986 (D.C. Law 6–85; D.C.

4 Code, sec. 1–1183.3), except that the District of Columbia

5 Public Schools may renew or extend sole source contracts

6 for which competition is not feasible or practical, provided

7 that the determination as to whether to invoke the com8 petitive bidding process has been made in accordance with

9 duly promulgated Board of Education rules and proce10 dures.

11 SEC. 126. For purposes of the Balanced Budget and

12 Emergency Deficit Control Act of 1985, approved Decem13 ber 12, 1985 (99 Stat. 1037; Public Law 99–177), as

14 amended, the term ‘‘program, project, and activity’’ shall

15 be synonymous with and refer specifically to each account

16 appropriating Federal funds in this Act, and any seques17 tration order shall be applied to each of the accounts rath18 er than to the aggregate total of those accounts: Provided,

19 That sequestration orders shall not be applied to any ac20 count that is specifically exempted from sequestration by

21 the Balanced Budget and Emergency Deficit Control Act

22 of 1985, approved December 12, 1985 (99 Stat. 1037;

23 Public Law 99–177), as amended.

24 SEC. 127. In the event a sequestration order is issued

25 pursuant to the Balanced Budget and Emergency Deficit
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1 Control Act of 1985, approved December 12, 1985 (99

2 Stat. 1037: Public Law 99–177), as amended, after the

3 amounts appropriated to the District of Columbia for the

4 fiscal year involved have been paid to the District of Co5 lumbia, the Mayor of the District of Columbia shall pay

6 to the Secretary of the Treasury, within 15 days after re7 ceipt of a request therefor from the Secretary of the

8 Treasury, such amounts as are sequestered by the order:

9 Provided, That the sequestration percentage specified in

10 the order shall be applied proportionately to each of the

11 Federal appropriation accounts in this Act that are not

12 specifically exempted from sequestration by the Balanced

13 Budget and Emergency Deficit Control Act of 1985, ap14 proved December 12, 1985 (99 Stat. 1037; Public Law

15 99–177), as amended.

16 SEC. 128. Effective as if included in the enactment

17 of the District of Columbia Appropriations Act, 1990, sec18 tion 133(e) of such Act is amended by striking ‘‘shall take

19 effect’’ and all that follows and inserting ‘‘shall apply with

20 respect to water and sanitary sewer services furnished on

21 or after January 1, 1990.’’.

22 SEC. 129. For the fiscal year ending September 30,

23 1995, the District of Columbia shall pay interest on its

24 quarterly payments to the United States that are made

25 more than 60 days from the date of receipt of an itemized
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1 statement from the Federal Bureau of Prisons of amounts

2 due for housing District of Columbia convicts in Federal

3 penitentiaries for the preceding quarter.

4 SEC. 130. Nothing in this Act shall be construed to

5 authorize any office, agency or entity to expend funds for

6 programs or functions for which a reorganization plan is

7 required but has not been approved by the Council pursu8 ant to section 422(12) of the District of Columbia Self9 Government and Governmental Reorganization Act of

10 1973, approved December 24, 1973 (87 Stat. 790; Public

11 Law 93–198; D.C. Code, sec. 1–242(12)) and the Govern12 mental Reorganization Procedures Act of 1981, effective

13 October 17, 1981 (D.C. Law 4–42; D.C. Code, secs. 1–

14 299.1 to 1–299.7). Appropriations made by this Act for

15 such programs or functions are conditioned on the ap16 proval by the Council, prior to October 1, 1994, of the

17 required reorganization plans.

18 SEC. 131. (a) An entity of the District of Columbia

19 government may accept and use a gift or donation during

20 fiscal year 1995 if—

21 (1) the Mayor approves the acceptance and use

22 of the gift or donation: Provided, That the Council

23 of the District of Columbia may accept and use gifts

24 without prior approval by the Mayor; and
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1 (2) the entity uses the gift or donation to carry

2 out its authorized functions or duties.

3 (b) Each entity of the District of Columbia govern4 ment shall keep accurate and detailed records of the ac5 ceptance and use of any gift or donation under subsection

6 (a) of this section, and shall make such records available

7 for audit and public inspection.

8 (c) For the purposes of this section, the term ‘‘entity

9 of the District of Columbia government’’ includes an inde10 pendent agency of the District of Columbia.

11 (d) This section shall not apply to the District of Co12 lumbia Board of Education, which may, pursuant to the

13 laws and regulations of the District of Columbia, accept

14 and use gifts to the public schools without prior approval

15 by the Mayor.

16 SEC. 132. Notwithstanding any other provision of

17 law, each agency, office, and instrumentality of the Dis18 trict shall implement a hiring freeze and shall fill only va19 cancies in essential positions, and to the extent prac20 ticable, shall fill essential positions from among employees

21 holding non-essential positions. A non-essential position

22 that becomes vacant, other than by termination for cause,

23 shall not be filled. The Council shall enact legislation to

24 implement this title, which may include, but shall not be

25 limited to, procedures for identifying essential and non-
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1 essential positions, for filling vacant essential positions

2 from among employees holding non-essential positions,

3 and for reporting on implementation of the hiring freeze

4 required by this section.

5 SEC. 133. None of the Federal funds provided in this

6 Act may be used by the District of Columbia to provide

7 for salaries, expenses, or other costs associated with the

8 offices of United States Senator or United States Rep9 resentatives under section 4(d) of the District of Columbia

10 Statehood Constitutional Convention Initiatives of 1979,

11 effective March 10, 1981 (D.C. Law 3–171; D.C. Code,

12 sec. 1–113(d)).

13 SEC. 134. None of the Federal funds appropriated

14 under this Act shall be expended for any abortion except

15 when it is made known to the entity or official to which

16 funds are appropriated under this Act that such procedure

17 is necessary to save the life of the mother or that the preg18 nancy is the result of an act of rape or incest.

19 INDEPENDENT AUDIT OF RETIREMENT BOARD

20 SEC. 135. (a) IN GENERAL.—The District of Colum21 bia Retirement Board shall enter into an agreement with

22 an independent firm meeting the qualifications described

23 in subsection (b) to prepare and submit to the Retirement

24 Board a written set of findings and recommendations not

25 later than 6 months after the date of the enactment of

26 this Act regarding the appropriateness and adequacy of
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1 the Retirement Board’s fiduciary, management, and in2 vestment practices and procedures.

3 (b) QUALIFICATIONS FOR FIRM.—A firm meets the

4 qualifications described in this subsection if the firm has

5 a demonstrated expertise in the areas of investment and

6 investment consulting, particularly with respect to—

7 (1) the review and analysis of the investment

8 portfolios of large public pension funds;

9 (2) the investment practices of the managers of

10 such funds;

11 (3) the relationship of such practices to the fi12 duciary responsibilities of the managers of such

13 funds; and

14 (4) the analysis of the investment returns

15 achieved by such funds on both an absolute and

16 risk-adjusted basis.

17 (c) REPORT TO CONGRESS.—Not later than 30 days

18 after receiving the findings and recommendations provided

19 under subsection (a), the Retirement Board shall submit

20 a report to the Committee on the District of Columbia

21 of the House of Representatives, the Committee on Gov22 ernmental Affairs of the Senate, and the Committees on

23 Appropriations of the House of Representatives and the

24 Senate on the findings and recommendations.
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1 (d) EXPENDITURE OF FUNDS.—The Retire2 ment Board shall spend not less than $250,000 from

3 investment earnings to carry out this section. No ad4 ditional funds may be provided by the Mayor of the

5 District of Columbia to the Retirement Board to

6 carry out this section.

7 MUNICIPAL FISH WHARF

8 SEC. 136. None of the funds appropriated in this Act

9 shall be obligated or expended on any proposed change in

10 either the use or configuration of, or on any proposed im11 provement to, the Municipal Fish Wharf until such pro12 posed change or improvement has been reviewed and ap13 proved by Federal and local authorities including, but not

14 limited to, the National Capital Planning Commission, the

15 Commission of Fine Arts, and the Council of the District

16 of Columbia, in compliance with applicable local and Fed17 eral laws which require public hearings, compliance with

18 applicable environmental regulations including, but not

19 limited to, any amendments to the Washington, D.C.

20 urban renewal plan which must be approved by both the

21 Council of the District of Columbia and the National Cap22 ital Planning Commission.

23 FINANCIAL REPORTING

24 SEC. 137. (a) SUBMISSION OF QUARTERLY FINAN25 CIAL REPORTS.—Not later than fifteen days after the end

26 of every calendar quarter (beginning October 1, 1994), the
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1 Mayor shall submit to the Committee on the District of

2 Columbia of the House of Representatives, the Committee

3 on Governmental Affairs of the Senate, and the Sub4 committees on District of Columbia Appropriations of the

5 House of Representatives and the Senate a report on the

6 financial and budgetary status of the government of the

7 District of Columbia for the previous quarter.

8 (b) CONTENTS OF REPORT.—Each report submitted

9 under subsection (a) with respect to a quarter shall in10 clude the following information:

11 (1) A comparison of actual to forecasted cash

12 receipts and disbursements for each month of that

13 quarter, as presented in the District’s fiscal year

14 consolidated cash forecast;

15 (2) A projection of the remaining months’ cash

16 forecast for that fiscal year;

17 (3) Explanations of (a) the differences between

18 actual and forecasted cash amounts for each of the

19 months in the quarter, and (b) the changes in the

20 remaining months’ forecast as compared to the origi21 nal forecast for those months of that fiscal year; and

22 (4) The effect of these changes, actual and pro23 jected, on the total cash balance of the remaining

24 months and for the fiscal year.
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1 This title may be cited as the ‘‘District of Columbia

2 Appropriations Act, 1995’’.

3 TITLE II

4 FISCAL YEAR 1994 SUPPLEMENTAL

5 DISTRICT OF COLUMBIA FUNDS

6 GOVERNMENTAL DIRECTION AND SUPPORT

7 (INCLUDING RESCISSION)

8 For an additional amount for ‘‘Governmental direc9 tion and support’’ $164,000: Provided, That of the funds

10 appropriated under this heading for the fiscal year ending

11 September 30, 1994 in the District of Columbia Appro12 priations Act, 1994, approved October 29, 1993 (Public

13 Law 103–127; 107 Stat. 1337), $18,797,000 are re14 scinded for a net decrease of $18,633,000.

15 ECONOMIC DEVELOPMENT AND REGULATION

16 (INCLUDING RESCISSION)

17 For an additional amount for ‘‘Economic develop18 ment and regulation’’, $1,311,000: Provided, That of the

19 funds appropriated under this heading for the fiscal year

20 ending September 30, 1994 in the District of Columbia

21 Appropriations Act, 1994, approved October 29, 1993

22 (Public Law 103–127; 107 Stat. 1337), $31,697,000 are

23 rescinded for a net decrease of $30,386,000.

24 HUMAN RESOURCES DEVELOPMENT

25 Human resources development, $42,801,000.
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1 PUBLIC SAFETY AND JUSTICE

2 (INCLUDING RESCISSION)

3 For an additional amount for ‘‘Public safety and jus4 tice’’, $16,398,000: Provided, That of the funds appro5 priated under this heading for the fiscal year ending Sep6 tember 30, 1994 in the District of Columbia Appropria7 tions Act, 1994, approved October 29, 1993 (Public Law

8 103–127; 107 Stat. 1338), $4,742,000 are rescinded for

9 a net increase of $11,656,000.

10 PUBLIC EDUCATION SYSTEM

11 (INCLUDING RESCISSION)

12 For an additional amount for ‘‘Public education sys13 tem’’, $17,243,000 for public schools of the District of Co14 lumbia and $735,000 for the University of the District

15 of Columbia: Provided, That of the funds appropriated

16 under this heading for the fiscal year ending September

17 30, 1994 in the District of Columbia Appropriations Act,

18 1994, approved October 29, 1993 (Public Law 103–127;

19 107 Stat. 1339), $487,000 for the Education Licensure

20 Commission, $91,000 for the Commission on the Arts and

21 Humanities, $30,000 for the District of Columbia Law

22 School and $245,000 for the District of Columbia Public

23 Library are rescinded for a net increase of $17,125,000.
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1 HUMAN SUPPORT SERVICES

2 (INCLUDING RESCISSION)

3 For an additional amount for ‘‘Human support serv4 ices’’, $32,461,000: Provided, That $4,657,000 of this ap5 propriation, to remain available until expended, shall be

6 available solely for District of Columbia employees’ dis7 ability compensation: Provided further, That of the funds

8 appropriated under this heading for the fiscal year ending

9 September 30, 1994 in the District of Columbia Appro10 priations Act, 1994, approved October 29, 1993 (Public

11 Law 103–127; 107 Stat. 1340), $831,000 are rescinded

12 for a net increase of $31,630,000.

13 PUBLIC WORKS

14 (RESCISSION)

15 Of the funds appropriated under this heading for the

16 fiscal year ending September 30, 1994 in the District of

17 Columbia Appropriations Act, 1994, approved October 29,

18 1993 (Public Law 103–127; 107 Stat. 1340), $9,092,000

19 are rescinded.

20 WASHINGTON CONVENTION CENTER FUND

21 (RESCISSION)

22 Of the funds appropriated under this heading for the

23 fiscal year ending September 30, 1994 in the District of

24 Columbia Appropriations Act, 1994, approved October 29,
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1 1993 (Public Law 103–127, 107 Stat. 1340), $338,000

2 are rescinded.

3 REPAYMENT OF LOANS AND INTEREST

4 (RESCISSION)

5 Of the funds appropriated under this heading for the

6 fiscal year ending September 30, 1994 in the District of

7 Columbia Appropriations Act, 1994, approved October 29,

8 1993 (Public Law 103–127; 107 Stat. 1340 and 1341),

9 $15,161,000 are rescinded.

10 REPAYMENT OF GENERAL FUND RECOVERY DEBT

11 For an additional amount for ‘‘Repayment of General

12 Fund Recovery Debt’’, $312,000.

13 OPTICAL AND DENTAL BENEFITS

14 (RESCISSION)

15 Of the funds appropriated under this heading for the

16 fiscal year ending September 30, 1994 in the District of

17 Columbia Appropriations Act, 1994, approved October 29,

18 1993 (Public Law 103–127; 107 Stat. 1341), $11,000 are

19 rescinded.

20 SEVERANCE PAY

21 For an additional amount for ‘‘Severance pay’’,

22 $6,000,000.
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1 D.C. GENERAL HOSPITAL DEFICIT PAYMENT

2 (RESCISSION)

3 Of the funds appropriated under this heading for the

4 fiscal year ending September 30, 1994 in the District of

5 Columbia Appropriations Act, 1994, approved October 29,

6 1993 (Public Law 103–127; 107 Stat. 1341), $5,500,000

7 are rescinded.

8 CASH RESERVE FUND

9 (RESCISSION)

10 Of the funds appropriated under this heading for the

11 fiscal year ending September 30, 1994 in the District of

12 Columbia Appropriations Act, 1994, approved October 29,

13 1993 (Public Law 103–127; 107 Stat. 1341), $3,957,000

14 are rescinded.

15 SHORT-TERM BORROWING

16 For ‘‘Short-term borrowing’’, $3,500,000.

17 WATER AND SEWER ENTERPRISE FUND

18 (RESCISSION)

19 Of the funds appropriated under this heading for the

20 fiscal year ending September 30, 1994 in the District of

21 Columbia Appropriations Act, 1994, approved October 29,

22 1993 (Public Law 103–127; 107 Stat. 1343), $9,411,000

23 are rescinded: Provided, That $37,436,000 of the amounts

24 available for fiscal year 1994 shall be apportioned and

25 payable to the debt service fund for repayment of loans
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1 and interest incurred for capital improvement projects in2 stead of $40,438,000 as provided under this heading in

3 the District of Columbia Appropriations Act, 1994, ap4 proved October 29, 1993 (Public Law 103–127; 107 Stat.

5 1343).

6 LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

7 For an additional amount for ‘‘Lottery and Chari8 table Games Enterprise Fund’’, $1,235,000.

9 CABLE TELEVISION ENTERPRISE FUND

10 The paragraph under the heading ‘‘Cable Television

11 Enterprise Fund’’ in the District of Columbia Appropria12 tions Act, 1994, approved October 29, 1993, is amended

13 by inserting after the figure ‘‘$2,353,000’’ the following:

14 ‘‘of which $140,000 shall be transferred to the General

15 Fund of the District of Columbia.’’.

16 STARPLEX FUND

17 The paragraph under the heading ‘‘Starplex Fund’’

18 in the District of Columbia Appropriations Act, 1994, ap19 proved October 29, 1993, is amended by inserting after

20 the phrase ‘‘Television’’ the following: ‘‘and an additional

21 $1,400,000 shall be transferred to the General Fund of

22 the District of Columbia.’’.

23 GENERAL PROVISIONS

24 SEC. 201. Notwithstanding any other provision of

25 law, appropriations made and authority granted pursuant
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1 to this title shall be deemed to be available for the fiscal

2 year ending September 30, 1994.

3 This title may be cited as the ‘‘District of Columbia

4 Supplemental Appropriations and Rescissions Act, 1994’’.

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