```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4649 Referred in Senate (RFS)]

103d CONGRESS
  2d Session
                                H. R. 4649

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

               July  14 (legislative day, July 11), 1994

  Received; read twice and referred to the Committee on Appropriations

_______________________________________________________________________

                                 AN ACT

 
 Making appropriations for the government of the District of Columbia 
    and other activities chargeable in whole or in part against the 
  revenues of said District for the fiscal year ending September 30, 
                     1995, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That 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, 1995, and for other purposes, namely:

                                TITLE I

                    FISCAL YEAR 1995 APPROPRIATIONS

              Federal Payment to the District of Columbia

    For payment to the District of Columbia for the fiscal year ending 
September 30, 1995, $667,930,000, as authorized by section 502(a) of 
the District of Columbia Self-Government and Governmental 
Reorganization Act, Public Law 93-198, as amended (D.C. Code, sec. 47-
3406.1).

                Federal Contribution to Retirement Funds

    For the Federal contribution to the Police Officers and Fire 
Fighters', Teachers', and Judges' Retirement Funds, as authorized by 
the District of Columbia Retirement Reform Act, approved November 17, 
1979 (93 Stat. 866; Public Law 96-122), $52,070,000.

                          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, $81,159,000: 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 expenditures 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 notwithstanding any other provision of law, 
there is hereby appropriated from the earnings of the applicable 
retirement funds $12,432,000 to pay legal, management, investment, and 
other fees and administrative expenses of the District of Columbia 
Retirement Board: Provided further, 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 item 
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: 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.

                  Economic Development and Regulation

    Economic development and regulation, $56,343,000: Provided, That 
the District of Columbia Housing Finance Agency, established by section 
201 of the District of Columbia Housing Finance Agency Act, effective 
March 3, 1979 (D.C. Law 2-135; D.C. Code, sec. 45-2111), based upon its 
capability of repayments as determined each year by the Council of the 
District of Columbia from the Housing Finance Agency's annual audited 
financial statements to the Council of the District of Columbia, shall 
repay to the general fund an amount equal to the appropriated 
administrative costs plus interest at a rate of four percent per annum 
for a term of 15 years, with a deferral of payments for the first three 
years: Provided further, That notwithstanding the foregoing provision, 
the obligation to repay all or part of the amounts due shall be subject 
to the rights of the owners of any bonds or notes issued by the Housing 
Finance Agency and shall be repaid to the District of Columbia 
government only from available operating revenues of the Housing 
Finance Agency that are in excess of the amounts required for debt 
service, reserve funds, and operating expenses: Provided further, That 
upon commencement of the debt service payments, such payments shall be 
deposited into the general fund of the District of Columbia.

                      Human Resources Development

    Human resources development, $41,046,000.

                       Public Safety and Justice

    Public safety and justice, including purchase 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, $884,926,000: Provided, 
That the Metropolitan Police Department is authorized to replace not to 
exceed 25 passenger-carrying vehicles and the Fire Department 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 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, 1995, shall be available for 
obligations incurred under the Act in each fiscal year since inception 
in the 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, 1995, shall be 
available for obligations incurred under the Act in each fiscal year 
since inception in the 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, 1995, shall be available for 
obligations incurred under the Act in each fiscal year since inception 
in fiscal year 1989: Provided further, That not to exceed $1,500 for 
the Chief Judge of the District of Columbia Court of Appeals, $1,500 
for the Chief Judge of the Superior Court of the District of Columbia, 
and $1,500 for the Executive Officer of the District of Columbia Courts 
shall be available from this appropriation for official purposes: 
Provided further, That the District of Columbia shall operate and 
maintain a free, 24-hour telephone information service whereby 
residents of the area surrounding Lorton prison in Fairfax County, 
Virginia, can promptly obtain information from District of Columbia 
government officials on all disturbances at the prison, including 
escapes, fires, riots, and similar incidents: Provided further, That 
the District of Columbia government shall also take steps to publicize 
the availability of the 24-hour telephone information service among the 
residents of the area surrounding the Lorton prison: Provided further, 
That not to exceed $100,000 of this appropriation shall be used to 
reimburse Fairfax County, Virginia, and Prince William County, 
Virginia, for expenses incurred by the counties during the fiscal year 
ending September 30, 1995, in relation to the Lorton prison complex: 
Provided further, That such reimbursements shall be paid in all 
instances in which the District requests the counties to provide 
police, fire, rescue, and related services to help deal with escapes, 
fires, riots, and similar disturbances involving the prison: 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.

                        Public Education System

    Public education system, including the development of national 
defense education programs, $720,258,000, to be allocated as follows: 
$542,682,000 for the public schools of the District of Columbia; 
$87,100,000 shall be allocated for the District of Columbia Teachers' 
Retirement Fund; $60,348,000 for the University of the District of 
Columbia; $21,260,000 for the Public Library, of which $200,000 shall 
be transferred to the Children's Museum; $3,301,000 for the Commission 
on the Arts and Humanities; and $5,567,000 for the District of Columbia 
School of Law: Provided, 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 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 
expenditures for official purposes: 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, 1995, 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, $898,034,000: Provided, That $20,800,000 of 
this appropriation, to remain available until expended, shall be 
available solely for District of Columbia employees' disability 
compensation: Provided further, That the District 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 purchase of passenger-
carrying vehicles for replacement only, $195,002,000: Provided, That 
this appropriation shall not be available for collecting ashes or 
miscellaneous refuse from hotels and places of business.

                   Washington Convention Center Fund

    For the Washington Convention Center Fund, $12,850,000.

                    Repayment of Loans and Interest

    For 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); sections 723 and 
743(f) of the District of Columbia Self-Government and Governmental 
Reorganization 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, $306,768,000.

                Repayment of General Fund Recovery Debt

    For the purpose of eliminating the $331,589,000 general fund 
accumulated deficit as of September 30, 1990, $38,678,000, as 
authorized by section 461(a) of the District of Columbia Self-
Government and Governmental Reorganization Act, approved December 24, 
1973, as amended (105 Stat. 540; Public Law 102-106; D.C. Code, sec. 
47-321(a)).

                          Short-Term Borrowing

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

                      Optical and Dental Benefits

    For optical and dental costs for nonunion employees, $3,312,000.

                             Pay Adjustment

    For pay increases and related costs, to be transferred by the Mayor 
of the District of Columbia within the various appropriation headings 
in this Act for fiscal year 1995 from which employees are properly 
payable, $106,095,000.

                 D.C. General Hospital Deficit Payment

    For the purpose of reimbursing the General Fund for costs incurred 
for the operation of the D.C. General Hospital pursuant to D.C. Law 1-
134, the D.C. General Hospital Commission Act of 1977, $10,000,000.

                             Rainy Day Fund

    For mandatory unavoidable expenditures within one or several of the 
various appropriation headings of this Act, to be allocated to the 
budgets for personal services and nonpersonal services as requested by 
the Mayor and approved by the Council pursuant to the procedures in 
section 4 of the Reprogramming Policy Act of 1980, effective September 
16, 1980 (D.C. Law 3-100; D.C. Code, sec. 47-363), $22,508,000.

             Job-Producing Economic Development Incentives

    For tax incentive programs to be enacted by the Council targeted 
specifically to stimulating job-producing economic development in the 
District, $22,600,000.

                           Cash Reserve Fund

    For the purpose of a cash reserve fund to replenish the 
consolidated cash balances of the District of Columbia, $3,957,000.

             Personal and Nonpersonal Services Adjustments

    The Mayor shall reduce appropriations and expenditures for personal 
and nonpersonal services in the amount of $5,702,000, within one or 
several of the various appropriation headings in this Act.

                             Capital Outlay

    For construction projects, $5,600,000, as authorized by An Act 
authorizing the laying of water mains and service sewers in the 
District of Columbia, the levying of assessments therefor, and for 
other purposes, approved April 22, 1904 (33 Stat. 244; Public Law 58-
140; D.C. Code, secs. 43-1512 through 43-1519); the District of 
Columbia Public Works Act of 1954, approved May 18, 1954 (68 Stat. 101; 
Public Law 83-364); 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; including 
acquisition of sites, preparation of plans and specifications, 
conducting preliminary surveys, erection of structures, including 
building improvement and alteration and treatment of grounds, to remain 
available until expended: Provided, That $140,000 shall be available 
for project management and $110,000 for design by the Director of the 
Department of Public Works or by contract for architectural engineering 
services, as may be determined by the Mayor: Provided further, 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 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, 1996, except 
authorizations for projects as to which funds have been obligated in 
whole or in part prior to September 30, 1996: Provided further, That 
upon expiration of any such project authorization the funds provided 
herein for the project shall lapse.

                    Water and Sewer Enterprise Fund

    For the Water and Sewer Enterprise Fund, $265,653,000, of which 
$40,160,000 shall be apportioned and payable to the debt service fund 
for repayment of loans and interest incurred for capital improvement 
projects: Provided, That of the amounts appropriated under this heading 
in prior fiscal years for construction projects from the water and 
sewer enterprise fund for the Washington Aqueduct, $21,365 are 
rescinded.

              Lottery and Charitable Games Enterprise Fund

    For the Lottery and Charitable Games Enterprise Fund, 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.), $8,318,000, to be derived from non-Federal District of 
Columbia revenues: 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.

                    Cable Television Enterprise Fund

    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.), $2,353,000, of which 
$140,000 shall be transferred to the general fund of the District of 
Columbia.

                             Starplex Fund

    For the Starplex Fund, an amount necessary for the 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 Self-Government and Governmental 
Reorganization Act, approved December 24, 1973 (87 Stat. 824; Public 
Law 93-198; D.C. Code, sec. 47-301(b)).

                           General Provisions

    Sec. 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. The annual budget for the District of Columbia government 
for the fiscal year ending September 30, 1996, shall be transmitted to 
the Congress no later than April 15, 1995.
    Sec. 111. 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 House Committee on the District of 
Columbia, the Subcommittee on General Services, Federalism, 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: Provided, That none of the funds contained in this Act 
shall be made available to pay the salary of any employee of the 
District of Columbia government whose name and salary are not available 
for public inspection.
    Sec. 112. 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. 113. 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. 114. 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. 115. 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. 116. The Mayor shall not expend any moneys borrowed for 
capital projects for the operating expenses of the District of Columbia 
government.
    Sec. 117. 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.).
    Sec. 118. 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. 119. 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. 120. (a) Notwithstanding section 422(7) of the District of 
Columbia Self-Government and Governmental Reorganization 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 1994 shall be deemed to be the rate of pay payable for 
that position for September 30, 1994.
    (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. 121. 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 Self-Government and Governmental Reorganization 
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 of the United States Code.
    Sec. 122. 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), 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. 123. No later than 30 days after the end of the first quarter 
of the fiscal year ending September 30, 1995, the Mayor of the District 
of Columbia shall submit to the Council of the District of Columbia the 
new fiscal year 1995 revenue estimates as of the end of the first 
quarter of fiscal year 1995. These estimates shall be used in the 
budget request for the fiscal year ending September 30, 1996. The 
officially revised estimates at midyear shall be used for the midyear 
report.
    Sec. 124. Section 466(b) of the District of Columbia Self-
Government and Governmental Reorganization Act of 1973, approved 
December 24, 1973 (87 Stat. 806; Public Law 93-198; D.C. Code, sec. 47-
326), as amended, is amended by striking ``sold before October 1, 
1994'' and inserting ``sold before October 1, 1995''.
    Sec. 125. 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 Public Schools may renew 
or extend sole source contracts for 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 Board of Education rules and procedures.
    Sec. 126. 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. 127. 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. 128. Effective as if included in the enactment of the District 
of Columbia Appropriations Act, 1990, section 133(e) of such Act is 
amended by striking ``shall take effect'' and all that follows and 
inserting ``shall apply with respect to water and sanitary sewer 
services furnished on or after January 1, 1990.''.
    Sec. 129. For the fiscal year ending September 30, 1995, the 
District of Columbia shall pay interest on its quarterly payments to 
the United States that are made more than 60 days from the date of 
receipt of an itemized statement from the Federal Bureau of Prisons of 
amounts due for housing District of Columbia convicts in Federal 
penitentiaries for the preceding quarter.
    Sec. 130. Nothing in this Act shall be construed to authorize any 
office, agency or entity to expend funds for programs or functions for 
which a reorganization plan is required but has not been approved by 
the Council pursuant to section 422(12) of the District of Columbia 
Self-Government and Governmental Reorganization Act of 1973, approved 
December 24, 1973 (87 Stat. 790; Public Law 93-198; D.C. Code, sec. 1-
242(12)) and the Governmental Reorganization Procedures Act of 1981, 
effective October 17, 1981 (D.C. Law 4-42; D.C. Code, secs. 1-299.1 to 
1-299.7). Appropriations made by this Act for such programs or 
functions are conditioned on the approval by the Council, prior to 
October 1, 1994, of the required reorganization plans.
    Sec. 131. (a) An entity of the District of Columbia government may 
accept and use a gift or donation during fiscal year 1995 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. 132. Notwithstanding any other provision of law, each agency, 
office, and instrumentality of the District shall implement a hiring 
freeze and shall fill only vacancies in essential positions, and to the 
extent practicable, shall fill essential positions from among employees 
holding non-essential positions. A non-essential position that becomes 
vacant, other than by termination for cause, shall not be filled. The 
Council shall enact legislation to implement this title, which may 
include, but shall not be limited to, procedures for identifying 
essential and non-essential positions, for filling vacant essential 
positions from among employees holding non-essential positions, and for 
reporting on implementation of the hiring freeze required by this 
section.
    Sec. 133. 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 Representatives 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. 134. None of the Federal funds appropriated under this Act 
shall be expended for any abortion except when it is made known to the 
entity or official to which funds are appropriated under this Act that 
such procedure is necessary to save the life of the mother or that the 
pregnancy is the result of an act of rape or incest.

                 independent audit of retirement board

    Sec. 135. (a) In General.--The District of Columbia Retirement 
Board shall enter into an agreement with an independent firm meeting 
the qualifications described in subsection (b) to prepare and submit to 
the Retirement Board a written set of findings and recommendations not 
later than 6 months after the date of the enactment of this Act 
regarding the appropriateness and adequacy of the Retirement Board's 
fiduciary, management, and investment practices and procedures.
    (b) Qualifications for Firm.--A firm meets the qualifications 
described in this subsection if the firm has a demonstrated expertise 
in the areas of investment and investment consulting, particularly with 
respect to--
            (1) the review and analysis of the investment portfolios of 
        large public pension funds;
            (2) the investment practices of the managers of such funds;
            (3) the relationship of such practices to the fiduciary 
        responsibilities of the managers of such funds; and
            (4) the analysis of the investment returns achieved by such 
        funds on both an absolute and risk-adjusted basis.
    (c) Report to Congress.--Not later than 30 days after receiving the 
findings and recommendations provided under subsection (a), the 
Retirement Board shall submit a report to the Committee on the District 
of Columbia of the House of Representatives, the Committee on 
Governmental Affairs of the Senate, and the Committees on 
Appropriations of the House of Representatives and the Senate on the 
findings and recommendations.
    (d) Expenditure of Funds.--The Retirement Board shall spend not 
less than $250,000 from investment earnings to carry out this section. 
No additional funds may be provided by the Mayor of the District of 
Columbia to the Retirement Board to carry out this section.

                          municipal fish wharf

    Sec. 136. None of the funds appropriated in this Act shall be 
obligated or expended on any proposed change in either the use or 
configuration of, or on any proposed improvement to, the Municipal Fish 
Wharf until such proposed change or improvement has been reviewed and 
approved by Federal and local authorities including, but not limited 
to, the National Capital Planning Commission, the Commission of Fine 
Arts, and the Council of the District of Columbia, in compliance with 
applicable local and Federal laws which require public hearings, 
compliance with applicable environmental regulations including, but not 
limited to, any amendments to the Washington, D.C. urban renewal plan 
which must be approved by both the Council of the District of Columbia 
and the National Capital Planning Commission.

                          financial reporting

    Sec. 137. (a) Submission of Quarterly Financial Reports.--Not later 
than fifteen days after the end of every calendar quarter (beginning 
October 1, 1994), the Mayor shall submit to the Committee on the 
District of Columbia of the House of Representatives, the Committee on 
Governmental Affairs of the Senate, and the Subcommittees on District 
of Columbia Appropriations of the House of Representatives and the 
Senate a report on the financial and budgetary status of the government 
of the District of Columbia for the previous quarter.
    (b) Contents of Report.--Each report submitted under subsection (a) 
with respect to a quarter shall include the following information:
            (1) A comparison of actual to forecasted cash receipts and 
        disbursements for each month of that quarter, as presented in 
        the District's fiscal year consolidated cash forecast.
            (2) A projection of the remaining months' cash forecast for 
        that fiscal year.
            (3) Explanations of (a) the differences between actual and 
        forecasted cash amounts for each of the months in the quarter, 
        and (b) the changes in the remaining months' forecast as 
        compared to the original forecast for those months of that 
        fiscal year.
            (4) The effect of these changes, actual and projected, on 
        the total cash balance of the remaining months and for the 
        fiscal year.

                          spending reductions

    Sec. 138. (a) Reduction in Fiscal Year 1995 Expenses.--
            (1) In general.--In addition to any other reduction 
        required by this Act, the total amount appropriated in this 
        title for the District of Columbia for fiscal year 1995 under 
        the caption ``Division of Expenses'' is hereby reduced by 
        $150,000,000. The reduction shall be allocated by the Mayor of 
        the District among the various appropriation headings under 
        such caption (excluding the ``Rainy Day Fund'') and shall be 
        taken only from expenses for personal and nonpersonal services.
            (2) Reporting requirements.--
                    (A) Implementation plan.--Not later than 30 days 
                after the date of the enactment of this Act, the Mayor 
                of the District of Columbia shall submit to the 
                Congress a report setting forth a detailed plan for the 
                implementation of the reduction made by paragraph (1).
                    (B) Plan revisions.--The Mayor may at any time 
                revise the implementation plan submitted under 
                subparagraph (A). Not later than 30 days after making 
                any such revision, the Mayor shall submit to the 
                Congress a report setting forth a detailed description 
                and justification of such revision.
                    (C) Revised cash flow statements.--Each report 
                required by subparagraph (A) or (B) shall include a 
                revised cash flow statement for the government of the 
                District that incorporates the reduction made by 
                paragraph (1) and the allocation of the reduction under 
                the plan or plan revisions submitted under this 
                paragraph.
                    (D) Supplemental budget submission.--Any 
                supplemental budget request for fiscal year 1995 
                submitted by the District to the Congress shall 
                incorporate the reduction made by paragraph (1) and the 
                allocation of the reduction under the plan or plan 
                revisions submitted under this paragraph.
    (b) Annual Limitation on Outlays.--
            (1) Aggregate limitation.--The total outlays of the 
        government of the District of Columbia during fiscal year 1995 
        shall not exceed the total receipts collected by the government 
        during such fiscal year.
            (2) Individual fund limitations.--The total outlays of the 
        government of the District of Columbia from the general fund, 
        or from any special fund, of the District during fiscal year 
        1995 shall not exceed the total receipts collected by the 
        government and paid into such fund during such fiscal year.
    (c) Enforcement.--
            (1) Timing of annual federal payment.--The annual Federal 
        payment to the District of Columbia authorized by section 
        502(a) of the District of Columbia Self-Government and 
        Governmental Reorganization Act for fiscal year 1996 shall not 
        be made until the Secretary of the Treasury has received from 
        the Mayor of the District a certification of the total outlays 
        of, and total receipts collected by, the government of the 
        District during the preceding fiscal year.
            (2) Reduction of annual federal payment.--The amount of any 
        annual Federal payment subject to paragraph (1) shall be 
        reduced by the amount (if any) by which the outlays described 
        in such paragraph exceed the receipts described in such 
        paragraph.
    (d) Applicability.--The provisions of this section shall apply 
hereafter, notwithstanding any other provision of law to the contrary.

            purchase of american-made equipment and products

    Sec. 139. Sense of Congress.--It is the sense of the Congress that, 
to the greatest extent practicable, all equipment and products 
purchased with funds made available in this Act should be American-
made.
    (b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
in this Act, the head of each agency of the Federal or District of 
Columbia government, to the greatest extent practicable, shall provide 
to such entity a notice describing the statement made in subsection (a) 
by the Congress.
    Sec. 140. No funds made available pursuant to any provision of this 
Act shall be used to implement or enforce any system of registration of 
unmarried, cohabiting couples whether they are homosexual, lesbian, or 
heterosexual, including but not limited to registration for the purpose 
of extending employment, health, or governmental benefits to such 
couples on the same basis that such benefits are extended to legally 
married couples; nor shall any funds made available pursuant to any 
provision of this Act otherwise be used to implement or enforce D.C. 
Act 9-188, signed by the Mayor of the District of Columbia on April 15, 
1992.
    This title may be cited as the ``District of Columbia 
Appropriations Act, 1995''.

                                TITLE II

                     FISCAL YEAR 1994 SUPPLEMENTAL

                       DISTRICT OF COLUMBIA FUNDS

                   Governmental Direction and Support

                         (including rescission)

    For an additional amount for ``Governmental direction and support'' 
$164,000: Provided, That of the funds appropriated under this heading 
for the fiscal year ending September 30, 1994 in the District of 
Columbia Appropriations Act, 1994, approved October 29, 1993 (Public 
Law 103-127; 107 Stat. 1337), $18,797,000 are rescinded for a net 
decrease of $18,633,000.

                  Economic Development and Regulation

                         (including rescission)

    For an additional amount for ``Economic development and 
regulation'', $1,311,000: Provided, That of the funds appropriated 
under this heading for the fiscal year ending September 30, 1994 in the 
District of Columbia Appropriations Act, 1994, approved October 29, 
1993 (Public Law 103-127; 107 Stat. 1337), $31,697,000 are rescinded 
for a net decrease of $30,386,000.

                      Human Resources Development

    Human resources development, $42,801,000.

                       Public Safety and Justice

                         (including rescission)

    For an additional amount for ``Public safety and justice'', 
$16,398,000: Provided, That of the funds appropriated under this 
heading for the fiscal year ending September 30, 1994 in the District 
of Columbia Appropriations Act, 1994, approved October 29, 1993 (Public 
Law 103-127; 107 Stat. 1338), $4,742,000 are rescinded for a net 
increase of $11,656,000.

                        Public Education System

                         (including rescission)

    For an additional amount for ``Public education system'', 
$17,243,000 for public schools of the District of Columbia and $735,000 
for the University of the District of Columbia: Provided, That of the 
funds appropriated under this heading for the fiscal year ending 
September 30, 1994 in the District of Columbia Appropriations Act, 
1994, approved October 29, 1993 (Public Law 103-127; 107 Stat. 1339), 
$487,000 for the Education Licensure Commission, $91,000 for the 
Commission on the Arts and Humanities, $30,000 for the District of 
Columbia Law School and $245,000 for the District of Columbia Public 
Library are rescinded for a net increase of $17,125,000.

                         Human Support Services

                         (including rescission)

    For an additional amount for ``Human support services'', 
$32,461,000: Provided, That $4,657,000 of this appropriation, to remain 
available until expended, shall be available solely for District of 
Columbia employees' disability compensation: Provided further,  That of 
the funds appropriated under this heading for the fiscal year ending 
September 30, 1994 in the District of Columbia Appropriations Act, 
1994, approved October 29, 1993 (Public Law 103-127; 107 Stat. 1340), 
$831,000 are rescinded for a net increase of $31,630,000.

                              Public Works

                              (rescission)

    Of the funds appropriated under this heading for the fiscal year 
ending September 30, 1994 in the District of Columbia Appropriations 
Act, 1994, approved October 29, 1993 (Public Law 103-127; 107 Stat. 
1340), $9,092,000 are rescinded.

                   Washington Convention Center Fund

                              (rescission)

    Of the funds appropriated under this heading for the fiscal year 
ending September 30, 1994 in the District of Columbia Appropriations 
Act, 1994, approved October 29, 1993 (Public Law 103-127, 107 Stat. 
1340), $338,000 are rescinded.

                    Repayment of Loans and Interest

                              (rescission)

    Of the funds appropriated under this heading for the fiscal year 
ending September 30, 1994 in the District of Columbia Appropriations 
Act, 1994, approved October 29, 1993 (Public Law 103-127; 107 Stat. 
1340 and 1341), $15,161,000 are rescinded.

                Repayment of General Fund Recovery Debt

    For an additional amount for ``Repayment of General Fund Recovery 
Debt'', $312,000.

                      Optical and Dental Benefits

                              (rescission)

    Of the funds appropriated under this heading for the fiscal year 
ending September 30, 1994 in the District of Columbia Appropriations 
Act, 1994, approved October 29, 1993 (Public Law 103-127; 107 Stat. 
1341), $11,000 are rescinded.

                             Severance Pay

    For an additional amount for ``Severance pay'', $6,000,000.

                 D.C. General Hospital Deficit Payment

                              (rescission)

    Of the funds appropriated under this heading for the fiscal year 
ending September 30, 1994 in the District of Columbia Appropriations 
Act, 1994, approved October 29, 1993 (Public Law 103-127; 107 Stat. 
1341), $5,500,000 are rescinded.

                           Cash Reserve Fund

                              (rescission)

    Of the funds appropriated under this heading for the fiscal year 
ending September 30, 1994 in the District of Columbia Appropriations 
Act, 1994, approved October 29, 1993 (Public Law 103-127; 107 Stat. 
1341), $3,957,000 are rescinded.

                          Short-Term Borrowing

    For ``Short-term borrowing'', $3,500,000.

                    Water and Sewer Enterprise Fund

                              (rescission)

    Of the funds appropriated under this heading for the fiscal year 
ending September 30, 1994 in the District of Columbia Appropriations 
Act, 1994, approved October 29, 1993 (Public Law 103-127; 107 Stat. 
1343), $9,411,000 are rescinded: Provided, That $37,436,000 of the 
amounts available for fiscal year 1994 shall be apportioned and payable 
to the debt service fund for repayment of loans and interest incurred 
for capital improvement projects instead of $40,438,000 as provided 
under this heading in the District of Columbia Appropriations Act, 
1994, approved October 29, 1993 (Public Law 103-127; 107 Stat. 1343).

              Lottery and Charitable Games Enterprise Fund

    For an additional amount for ``Lottery and Charitable Games 
Enterprise Fund'', $1,235,000.

                    Cable Television Enterprise Fund

    The paragraph under the heading ``Cable Television Enterprise 
Fund'' in the District of Columbia Appropriations Act, 1994, approved 
October 29, 1993, is amended by inserting after the figure 
``$2,353,000'' the following: ``of which $140,000 shall be transferred 
to the General Fund of the District of Columbia.''.

                             Starplex Fund

    The paragraph under the heading ``Starplex Fund'' in the District 
of Columbia Appropriations Act, 1994, approved October 29, 1993, is 
amended by inserting after the phrase ``Television'' the following: 
``and an additional $1,400,000 shall be transferred to the General Fund 
of the District of Columbia.''.

                           General Provisions

    Sec. 201. Notwithstanding any other provision of law, 
appropriations made and authority granted pursuant to this title shall 
be deemed to be available for the fiscal year ending September 30, 
1994.
    This title may be cited as the ``District of Columbia Supplemental 
Appropriations and Rescissions Act, 1994''.

            Passed the House of Representatives July 13, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.

HR 4649 RFS----2
HR 4649 RFS----3
HR 4649 RFS----4
```