II

Calendar No. 155

105TH CONGRESS

1ST SESSION S. 1156

[Report No. 105–75]

Making appropriations for the government of the District of Columbia and

other activities chargeable in whole or in part against the revenues

of said District for the fiscal year ending September 30, 1998, and

for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 9, 1997

Mr. FAIRCLOTH, from the Committee on Appropriations, reported the

following original bill; which was read twice and placed on the calendar

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, 1998, 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, 1998, and for other purposes, namely:

3 FEDERAL FUNDS

4 FEDERAL PAYMENT FOR MANAGEMENT REFORM

5 For payment to the District of Columbia, as author6 ized by section 11103(c) of the National Capital Revital7 ization and Self-Government Improvement Act of 1997,

8 Public Law 105–33, $8,000,000, to remain available until

9 September 30, 1999, which shall be deposited into an es10 crow account of the District of Columbia Financial Re11 sponsibility and Management Assistance Authority, pursu12 ant to section 205 of Public Law 104–8 (109 Stat. 131),

13 and shall be disbursed from such escrow account pursuant

14 to the instructions of the Authority only for a program

15 of management reform pursuant to sections 11101–11106

16 of the District of Columbia Management Reform Act of

17 1997, Public Law 105–33.

18 FEDERAL CONTRIBUTION TO THE OPERATIONS OF THE

19 NATION’S CAPITAL

20 For a Federal contribution to the District of Colum21 bia toward the costs of the operation of the government

22 of the District of Columbia, $190,000,000: Provided, That

23 these funds may be used by the District of Columbia for

24 the costs of advances to the District government as au25 thorized by section 11402 of the National Capital Revital-
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1 ization and Self-Government Improvement Act of 1997,

2 Public Law 105–33: Provided further, That not less than

3 $30,000,000 shall be used by the District of Columbia to

4 repay the accumulated general fund deficit.

5 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

6 CORRECTIONS TRUSTEE OPERATIONS

7 For payment to the District of Columbia Corrections

8 Trustee, $169,000,000 for the administration and oper9 ation of correctional facilities, as authorized by section

10 11202 of the National Capital Revitalization and Self11 Government Improvement Act of 1997, Public Law 105–

12 33.

13 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

14 CORRECTIONS TRUSTEE FOR CORRECTIONAL FA15 CILITIES, CONSTRUCTION AND REPAIR

16 For payment to the District of Columbia Corrections

17 Trustee for Correctional Facilities, $302,000,000, to re18 main available until expended, of which not less than

19 $294,900,000 is available for transfer to the Federal Pris20 on System, as authorized by section 11202 of the National

21 Capital Revitalization and Self-Government Improvement

22 Act of 1997, Public Law 105–33.
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1 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

2 COURTS

3 Notwithstanding any other provision of law,

4 $116,000,000, for the Administrative Office of the United

5 States Courts, to be available only for obligation by the

6 Joint Committee on Judicial Administration in the Dis7 trict of Columbia for operation of the District of Columbia

8 Courts, of which not to exceed $750,000 shall be available

9 for establishment and operations of the District of Colum10 bia Truth in Sentencing Commission as authorized by sec11 tion 11211 of the National Capital Revitalization and Self12 Government Improvement Act of 1997, Public Law 105–

13 33.

14 Notwithstanding any other provision of law, for an

15 additional amount, $30,000,000, for the Administrative

16 Office of the United States Courts, to be available only

17 for obligation by the Offender Supervision Trustee, for

18 Pretrial Services, Defense Services, Parole, Adult Proba19 tion, and administrative operating costs of the Office of

20 the Offender Supervision Trustee, of which not to exceed

21 $800,000 shall be transferred to the United States Parole

22 Commission to implement section 11231 of the National

23 Capital Revitalization and Self-Government Improvement

24 Act of 1997.
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1 DISTRICT OF COLUMBIA FUNDS

2 OPERATING EXPENSES

3 DIVISION OF EXPENSES

4 The following amounts are appropriated for the Dis5 trict of Columbia for the current fiscal year out of the

6 general fund of the District of Columbia, except as other7 wise specifically provided.

8 GOVERNMENTAL DIRECTION AND SUPPORT

9 Governmental direction and support, $105,177,000

10 (including $84,316,000, from local funds, $14,013,000

11 from Federal funds, and $6,848,000 from other funds):

12 Provided, That not to exceed $2,500 for the Mayor,

13 $2,500 for the Chairman of the Council of the District

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

15 be available from this appropriation for official purposes:

16 Provided further, That any program fees collected from the

17 issuance of debt shall be available for the payment of ex18 penses of the debt management program of the District

19 of Columbia: Provided further, That no revenues from

20 Federal sources shall be used to support the operations

21 or activities of the Statehood Commission and Statehood

22 Compact Commission: Provided further, That the District

23 of Columbia shall identify the sources of funding for Ad24 mission to Statehood from its own locally-generated reve25 nues: Provided further, That $240,000 shall be available
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1 for citywide special elections: Provided further, That all

2 employees permanently assigned to work in the Office of

3 the Mayor shall be paid from funds allocated to the Office

4 of the Mayor.

5 ECONOMIC DEVELOPMENT AND REGULATION

6 Economic development and regulation, $120,072,000

7 (including $40,377,000 from local funds, $42,065,000

8 from Federal funds, and $37,630,000 from other funds),

9 together with $12,000,000 collected in the form of BID

10 tax revenue collected by the District of Columbia on behalf

11 of business improvement districts pursuant to the Busi12 ness Improvement Districts Act of 1996, effective May 29,

13 1996 (D.C. Law 11–134; D.C. Code, sec. 1–2271 et seq.),

14 and the Business Improvement Districts Temporary

15 Amendment Act of 1997 (Bill 12–230).

16 PUBLIC SAFETY AND JUSTICE

17 Public safety and justice, including purchase or lease

18 of 135 passenger-carrying vehicles for replacement only,

19 including 130 for police-type use and five for fire-type use,

20 without regard to the general purchase price limitation for

21 the current fiscal year, $529,739,000 (including

22 $510,326,000 from local funds, $13,519,000 from Federal

23 funds, and $5,894,000 from other funds): Provided, That

24 the Metropolitan Police Department is authorized to re25 place not to exceed 25 passenger-carrying vehicles and the
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1 Department of Fire and Emergency Medical Services of

2 the District of Columbia is authorized to replace not to

3 exceed five passenger-carrying vehicles annually whenever

4 the cost of repair to any damaged vehicle exceeds three5 fourths of the cost of the replacement: Provided further,

6 That not to exceed $500,000 shall be available from this

7 appropriation for the Chief of Police for the prevention

8 and detection of crime: Provided further, That the Metro9 politan Police Department shall provide quarterly reports

10 to the Committees on Appropriations of the House and

11 Senate on efforts to increase efficiency and improve the

12 professionalism in the department: Provided further, That

13 notwithstanding any other provision of law, or Mayor’s

14 Order 86–45, issued March 18, 1986, the Metropolitan

15 Police Department’s delegated small purchase authority

16 shall be $500,000: Provided further, That the District of

17 Columbia government may not require the Metropolitan

18 Police Department to submit to any other procurement re19 view process, or to obtain the approval of or be restricted

20 in any manner by any official or employee of the District

21 of Columbia government, for purchases that do not exceed

22 $500,000: Provided further, That the Mayor shall reim23 burse the District of Columbia National Guard for ex24 penses incurred in connection with services that are per25 formed in emergencies by the National Guard in a militia
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1 status and are requested by the Mayor, in amounts that

2 shall be jointly determined and certified as due and pay3 able for these services by the Mayor and the Commanding

4 General of the District of Columbia National Guard: Pro5 vided further, That such sums as may be necessary for

6 reimbursement to the District of Columbia National

7 Guard under the preceding proviso shall be available from

8 this appropriation, and the availability of the sums shall

9 be deemed as constituting payment in advance for emer10 gency services involved: Provided further, That the Metro11 politan Police Department is authorized to maintain 3,800

12 sworn officers, with leave for a 50 officer attrition: Pro13 vided further, That no more than 15 members of the Met14 ropolitan Police Department shall be detailed or assigned

15 to the Executive Protection Unit, until the Chief of Police

16 submits a recommendation to the Council for its review:

17 Provided further, That $100,000 shall be available for in18 mates released on medical and geriatric parole: Provided

19 further, That not less than $2,254,754 shall be available

20 to support a pay raise for uniformed firefighters, when

21 authorized by the District of Columbia Council and the

22 District of Columbia Financial Responsibility and Man23 agement Assistance Authority, which funding will be made

24 available as savings achieved through actions within the

25 appropriated budget: Provided further, That, commencing
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1 on December 31, 1997, the Metropolitan Police Depart2 ment shall provide to the Committees on Appropriations

3 of the Senate and House of Representatives, the Commit4 tee on Government Reform and Oversight of the House

5 of Representatives, the Committee on Governmental Af6 fairs of the Senate, and quarterly reports on the status

7 of crime reduction in each of the 83 police service areas

8 established throughout the District of Columbia.

9 PUBLIC EDUCATION SYSTEM

10 Public education system, including the development

11 of national defense education programs, $672,444,000 (in12 cluding $530,197,000 from local funds, $112,806,000

13 from Federal funds, and $29,441,000 from other funds),

14 to be allocated as follows: $564,129,000 (including

15 $460,143,000 from local funds, $98,491,000 from Federal

16 funds, and $5,495,000 from other funds), for the public

17 schools of the District of Columbia; $1,235,000 from local

18 funds for public charter schools: Provided, That if the en19 tirety of this allocation has not been provided as payments

20 to one or more public charter schools by May 1, 1998,

21 and remains unallocated, the funds will revert to the gen22 eral fund of the District of Columbia in accordance with

23 section 2403(a)(2)(D) of the District of Columbia School

24 Reform Act of 1995 (Public Law 104–134); $74,087,000

25 (including $37,791,000 from local funds, $12,804,000
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1 from Federal funds, and $23,492,000 from other funds)

2 for the University of the District of Columbia;

3 $22,036,000 (including $20,424,000 from local funds,

4 $1,158,000 from Federal funds, and $454,000 from other

5 funds) for the Public Library; $2,057,000 (including

6 $1,704,000 from local funds and $353,000 from Federal

7 funds) for the Commission on the Arts and Humanities:

8 Provided further, That the public schools of the District

9 of Columbia are authorized to accept not to exceed 31

10 motor vehicles for exclusive use in the driver education

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

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

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

14 for the Public Librarian shall be available from this appro15 priation for official purposes: Provided further, That not

16 less than $1,200,000 shall be available for local school al17 lotments in a restricted line item: Provided further, That

18 not less than $4,500,000 shall be available to support kin19 dergarten aides in a restricted line item: Provided further,

20 That not less than $2,800,000 shall be available to sup21 port substitute teachers in a restricted line item: Provided

22 further, That not less than $1,788,000 shall be available

23 in a restricted line item for school counselors: Provided

24 further, That this appropriation shall not be available to

25 subsidize the education of nonresidents of the District of
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1 Columbia at the University of the District of Columbia,

2 unless the Board of Trustees of the University of the Dis3 trict of Columbia adopts, for the fiscal year ending Sep4 tember 30, 1998, a tuition rate schedule that will establish

5 the tuition rate for nonresident students at a level no

6 lower than the nonresident tuition rate charged at com7 parable public institutions of higher education in the met8 ropolitan area.

9 HUMAN SUPPORT SERVICES

10 Human support services, $1,718,939,000 (including

11 $789,350,000 from local funds, $886,702,000 from Fed12 eral funds, and $42,887,000 from other funds): Provided,

13 That $21,089,000 of this appropriation, to remain avail14 able until expended, shall be available solely for District

15 of Columbia employees’ disability compensation: Provided

16 further, That a peer review committee shall be established

17 to review medical payments and the type of service re18 ceived by a disability compensation claimant: Provided fur19 ther, That the District of Columbia shall not provide free

20 government services such as water, sewer, solid waste dis21 posal or collection, utilities, maintenance, repairs, or simi22 lar services to any legally constituted private nonprofit or23 ganization (as defined in section 411(5) of Public Law

24 100–77, approved July 22, 1987) providing emergency

25 shelter services in the District, if the District would not
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1 be qualified to receive reimbursement pursuant to the

2 Stewart B. McKinney Homeless Assistance Act, approved

3 July 22, 1987 (101 Stat. 485; Public Law 100–77; 42

4 U.S.C. 11301 et seq.).

5 PUBLIC WORKS

6 Public works, including rental of one passenger-car7 rying vehicle for use by the Mayor and three passenger8 carrying vehicles for use by the Council of the District of

9 Columbia and leasing of passenger-carrying vehicles

10 $241,934,000 (including $227,983,000 from local funds,

11 $3,350,000 from Federal funds, and $10,601,000 from

12 other funds): Provided, That this appropriation shall not

13 be available for collecting ashes or miscellaneous refuse

14 from hotels and places of business: Provided further, That

15 $3,000,000 shall be available for the lease financing, oper16 ation, and maintenance of two mechanical street sweepers,

17 one flusher truck, five packer trucks, one front-end loader,

18 and various public litter containers: Provided further, That

19 $2,400,000 shall be available for recycling activities.

20 FINANCING AND OTHER USES

21 Financing and other uses, $454,773,000 (including

22 for payment to the Washington Convention Center,

23 $5,400,000 from local funds; reimbursement to the United

24 States of funds loaned in compliance with An Act to pro25 vide for the establishment of a modern, adequate, and effi-
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1 cient hospital center in the District of Columbia, approved

2 August 7, 1946 (60 Stat. 896; Public Law 79–648), sec3 tion 1 of An Act to authorize the Commissioners of the

4 District of Columbia to borrow funds for capital improve5 ment programs and to amend provisions of law relating

6 to Federal Government participation in meeting costs of

7 maintaining the Nation’s Capital City, approved June 6,

8 1958 (72 Stat. 183; Public Law 85–451; D.C. Code, sec.

9 9–219), section 4 of An Act to authorize the Commis10 sioners of the District of Columbia to plan, construct, op11 erate, and maintain a sanitary sewer to connect the Dulles

12 International Airport with the District of Columbia sys13 tem, approved June 12, 1960 (74 Stat. 211; Public Law

14 86–515), and sections 723 and 743(f) of the District of

15 Columbia Self-Government and Governmental Reorganiza16 tion Act of 1973, approved December 24, 1973, as amend17 ed (87 Stat. 821; Public Law 93–198; D.C. Code, sec. 47–

18 321, note; 91 Stat. 1156; Public Law 95–131; D.C. Code,

19 sec. 9–219, note), including interest as required thereby,

20 $384,430,000 from local funds; for the purpose of elimi21 nating the $331,589,000 general fund accumulated deficit

22 as of September 30, 1990, $39,020,000 from local funds,

23 as authorized by section 461(a) of the District of Colum24 bia Self-Government and Governmental Reorganization

25 Act, approved December 24, 1973, as amended (105 Stat.
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1 540; Public Law 102–106; D.C. Code, sec. 47–321(a)(1);

2 for payment of interest on short-term borrowing,

3 $12,000,000 from local funds; for lease payments in ac4 cordance with the Certificates of Participation involving

5 the land site underlying the building located at One Judi6 ciary Square, $7,923,000 from local funds; for human re7 sources development, including costs of increased em8 ployee training, administrative reforms, and an executive

9 compensation system, $6,000,000 from local funds); for

10 equipment leases, the Mayor may finance $13,127,000 of

11 equipment cost, plus cost of issuance not to exceed two

12 percent of the par amount being financed on a lease pur13 chase basis with a maturity not to exceed five years: Pro14 vided, That $75,000 is allocated to the Department of

15 Corrections, $8,000,000 for the Public Schools, $50,000

16 for the Public Library, $260,000 for the Department of

17 Human Services, $244,000 for the Department of Recre18 ation and Parks, and $4,498,000 for the Department of

19 Public Works.

20 ENTERPRISE FUNDS

21 ENTERPRISE AND OTHER USES

22 Enterprises and other uses, $15,725,000 (including

23 for the Cable Television Enterprise Fund, established by

24 the Cable Television Communications Act of 1981, effec25 tive October 22, 1983 (D.C. Law 5–36; D.C. Code, sec.
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1 43–1801 et seq.), $2,467,000 (including $2,135,000 from

2 local funds and $332,000 from other funds); for the Public

3 Service Commission, $4,547,000 (including $4,250,000

4 from local funds, $117,000 from Federal funds, and

5 $180,000 from other funds), for the Office of the People’s

6 Counsel, $2,428,000 from local funds; for the Office of

7 Banking and Financial Institutions, $600,000 (including

8 $100,000 from local funds and $500,000 from other

9 funds); for the Department of Insurance and Securities

10 Regulation, $5,683,000 from other funds.

11 WATER AND SEWER AUTHORITY AND THE WASHINGTON

12 AQUEDUCT

13 For the Water and Sewer Authority and the Wash14 ington Aqueduct, $297,310,000 from other funds (includ15 ing $263,425,000 for the Water and Sewer Authority and

16 $33,885,000 for the Washington Aqueduct) of which

17 $41,423,000 shall be apportioned and payable to the Dis18 trict’s debt service fund for repayment of loans and inter19 est incurred for capital improvement projects.

20 LOTTERY AND CHARITABLE GAMES CONTROL BOARD

21 For the Lottery and Charitable Games Control

22 Board, established by the District of Columbia Appropria23 tion Act for the fiscal year ending September 30, 1982,

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

25 Law 97–91), as amended, for the purpose of implementing
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1 the Law to Legalize Lotteries, Daily Numbers Games, and

2 Bingo and Raffles for Charitable Purposes in the District

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

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

5 $213,500,000: Provided, That the District of Columbia

6 shall identify the source of funding for this appropriation

7 title from the District’s own locally-generated revenues:

8 Provided further, That no revenues from Federal sources

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

10 Lottery and Charitable Games Control Board.

11 STARPLEX FUND

12 For the Starplex Fund, $5,936,000 from other funds

13 for expenses incurred by the Armory Board in the exercise

14 of its powers granted by An Act To Establish A District

15 of Columbia Armory Board, and for other purposes, ap16 proved June 4, 1948 (62 Stat. 339; D.C. Code, sec. 2–

17 301 et seq.) and the District of Columbia Stadium Act

18 of 1957, approved September 7, 1957 (71 Stat. 619; Pub19 lic Law 85–300; D.C. Code, sec. 2–321 et seq.): Provided,

20 That the Mayor shall submit a budget for the Armory

21 Board for the forthcoming fiscal year as required by sec22 tion 442(b) of the District of Columbia Self-Government

23 and Governmental Reorganization Act, approved Decem24 ber 24, 1973 (87 Stat. 824; Public Law 93–198; D.C.

25 Code, sec. 47–301(b)).
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1 D.C. GENERAL HOSPITAL

2 For the District of Columbia General Hospital, estab3 lished by Reorganization Order No. 57 of the Board of

4 Commissioners, effective August 15, 1953, $97,019,000,

5 of which $44,335,000 shall be derived by transfer from

6 the general fund and $52,684,000 shall be derived from

7 other funds.

8 D.C. RETIREMENT BOARD

9 For the D.C. Retirement Board, established by sec10 tion 121 of the District of Columbia Retirement Reform

11 Act of 1979, approved November 17, 1979 (93 Stat. 866;

12 D.C. Code, sec. 1–711), $16,762,000 from the earnings

13 of the applicable retirement funds to pay legal, manage14 ment, investment, and other fees and administrative ex15 penses of the District of Columbia Retirement Board: Pro16 vided, That the District of Columbia Retirement Board

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

18 District of Columbia a quarterly report of the allocations

19 of charges by fund and of expenditures of all funds: Pro20 vided further, That the District of Columbia Retirement

21 Board shall provide the Mayor, for transmittal to the

22 Council of the District of Columbia, an itemized account23 ing of the planned use of appropriated funds in time for

24 each annual budget submission and the actual use of such

25 funds in time for each annual audited financial report.
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1 WASHINGTON CONVENTION CENTER ENTERPRISE FUND

2 For the Washington Convention Center Enterprise

3 Fund, $46,400,000, of which $5,400,000 shall be derived

4 by transfer from the general fund.

5 DISTRICT OF COLUMBIA FINANCIAL RESPON6 SIBILITY AND MANAGEMENT ASSISTANCE

7 AUTHORITY

8 For the District of Columbia Financial Responsibility

9 and Management Assistance Authority, established by sec10 tion 101(a) of the District of Columbia Financial Respon11 sibility and Management Assistance Act of 1995, approved

12 April 17, 1995 (109 Stat. 97; Public Law 104–8),

13 $3,220,000.

14 CAPITAL OUTLAY

15 For construction projects, $269,330,000 (including

16 $31,100,000 for the highway trust fund, $105,485,000

17 from local funds, and $132,745,000 in Federal funds), to

18 remain available until expended: Provided, That funds for

19 use of each capital project implementing agency shall be

20 managed and controlled in accordance with all procedures

21 and limitations established under the Financial Manage22 ment System: Provided further, That all funds provided

23 by this appropriation title shall be available only for the

24 specific projects and purposes intended: Provided further,

25 That notwithstanding the foregoing, all authorizations for
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1 capital outlay projects, except those projects covered by

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

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

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

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

6 title, shall expire on September 30, 1999, except author7 izations for projects as to which funds have been obligated

8 in whole or in part prior to September 30, 1999: Provided

9 further, That upon expiration of any such project author10 ization the funds provided herein for the project shall

11 lapse.

12 DEFICIT REDUCTION AND REVITALIZATION

13 For deficit reduction and revitalization,

14 $201,090,000, to be deposited into an escrow account held

15 by the District of Columbia Financial Responsibility and

16 Management Assistance Authority (Authority), which

17 shall allocate the funds to the Mayor, or such other Dis18 trict official as the Authority may deem appropriate, at

19 such intervals and in accordance with such terms and con20 ditions as the Authority considers appropriate: Provided,

21 That these funds shall only be used for reduction of the

22 accumulated general fund deficit; capital expenditures, in23 cluding debt service; and management and productivity

24 improvements, as allocated by the Authority: Provided fur25 ther, That no funds may be obligated until a plan for their
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1 use is approved by the Authority: Provided further, That

2 the Authority shall inform the Committees on Appropria3 tions of the Senate and House of Representatives, the

4 Committee on Governmental Affairs of the Senate, and

5 the Committee on Government Reform and Oversight of

6 the House of Representatives of the approved plans.

7 GENERAL PROVISIONS

8 SECTION 101. The expenditure of any appropriation

9 under this Act for any consulting service through procure10 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

11 to those contracts where such expenditures are a matter

12 of public record and available for public inspection, except

13 where otherwise provided under existing law, or under ex14 isting Executive order issued pursuant to existing law.

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

16 all vouchers covering expenditures of appropriations con17 tained in this Act shall be audited before payment by the

18 designated certifying official and the vouchers as approved

19 shall be paid by checks issued by the designated disbursing

20 official.

21 SEC. 103. Whenever in this Act, an amount is speci22 fied within an appropriation for particular purposes or ob23 jects of expenditure, such amount, unless otherwise speci24 fied, shall be considered as the maximum amount that
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1 may be expended for said purpose or object rather than

2 an amount set apart exclusively therefor.

3 SEC. 104. Appropriations in this Act shall be avail4 able, when authorized by the Mayor, for allowances for

5 privately-owned automobiles and motorcycles used for the

6 performance of official duties at rates established by the

7 Mayor: Provided, That such rates shall not exceed the

8 maximum prevailing rates for such vehicles as prescribed

9 in the Federal Property Management Regulations 101–7

10 (Federal Travel Regulations).

11 SEC. 105. Appropriations in this Act shall be avail12 able for expenses of travel and for the payment of dues

13 of organizations concerned with the work of the District

14 of Columbia government, when authorized by the Mayor:

15 Provided, That the Council of the District of Columbia

16 and the District of Columbia Courts may expend such

17 funds without authorization by the Mayor.

18 SEC. 106. There are appropriated from the applicable

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

20 necessary for making refunds and for the payment of

21 judgments that have been entered against the District of

22 Columbia government: Provided, That nothing contained

23 in this section shall be construed as modifying or affecting

24 the provisions of section 11(c)(3) of title XII of the Dis25 trict of Columbia Income and Franchise Tax Act of 1947,
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1 approved March 31, 1956 (70 Stat. 78; Public Law 84–

2 460; D.C. Code, sec. 47–1812.11(c)(3)).

3 SEC. 107. Appropriations in this Act shall be avail4 able for the payment of public assistance without reference

5 to the requirement of section 544 of the District of Colum6 bia Public Assistance Act of 1982, effective April 6, 1982

7 (D.C. Law 4–101; D.C. Code, sec. 3–205.44), and for the

8 non-Federal share of funds necessary to qualify for Fed9 eral assistance under the Juvenile Delinquency Prevention

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

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

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

13 this Act shall remain available for obligation beyond the

14 current fiscal year unless expressly so provided herein.

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

16 District of Columbia government for the operation of edu17 cational institutions, the compensation of personnel, or for

18 other educational purposes may be used to permit, encour19 age, facilitate, or further partisan political activities.

20 Nothing herein is intended to prohibit the availability of

21 school buildings for the use of any community or partisan

22 political group during non-school hours.

23 SEC. 110. None of the funds appropriated in this Act

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

25 of the District of Columbia government whose name, title,
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1 grade, salary, past work experience, and salary history are

2 not available for inspection by the House and Senate Com3 mittees on Appropriations, the Subcommittee on the Dis4 trict of Columbia of the House Committee on Government

5 Reform and Oversight, the Subcommittee on Oversight of

6 Government Management and the District of Columbia of

7 the Senate Committee on Governmental Affairs, and the

8 Council of the District of Columbia, or their duly author9 ized representative.

10 SEC. 111. 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. 112. 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. 113. 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. 114. 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. 115. 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. 116. 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.): Provided, That for the fiscal year ending Septem23 ber 30, 1998 the above shall apply except as modified by

24 Public Law 104–8.
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1 SEC. 117. None of the Federal funds provided in this

2 Act shall be obligated or expended to provide a personal

3 cook, chauffeur, or other personal servants to any officer

4 or employee of the District of Columbia.

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

6 Act shall be obligated or expended to procure passenger

7 automobiles as defined in the Automobile Fuel Efficiency

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

9 Public Law 96–425; 15 U.S.C. 2001(2)), with an Environ10 mental Protection Agency estimated miles per gallon aver11 age of less than 22 miles per gallon: Provided, That this

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

13 armored vehicles.

14 SEC. 119. (a) Notwithstanding section 422(7) 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(7)), the City Administrator shall be paid, during any

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

20 not to exceed the rate established for Level IV of the Exec21 utive Schedule under 5 U.S.C. 5315.

22 (b) For purposes of applying any provision of law lim23 iting the availability of funds for payment of salary or pay

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

25 the Mayor under subsection (a) of this section for any po-
26

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1 sition for any period during the last quarter of calendar

2 year 1997 shall be deemed to be the rate of pay payable

3 for that position for September 30, 1997.

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

5 Columbia Redevelopment Act of 1945, approved August

6 2, 1946 (60 Stat. 793; Public Law 79–592; D.C. Code,

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

8 Columbia Redevelopment Land Agency shall be paid, dur9 ing any fiscal year, per diem compensation at a rate estab10 lished by the Mayor.

11 SEC. 120. Notwithstanding any other provisions of

12 law, the provisions of the District of Columbia Govern13 ment Comprehensive Merit Personnel Act of 1978, effec14 tive March 3, 1979 (D.C. Law 2–139; D.C. Code, sec. 1–

15 601.1 et seq.), enacted pursuant to section 422(3) of the

16 District of Columbia Self-Government and Governmental

17 Reorganization Act of 1973, approved December 24, 1973

18 (87 Stat. 790; Public Law 93–198; D.C. Code, sec. 1–

19 242(3)), shall apply with respect to the compensation of

20 District of Columbia employees: Provided, That for pay

21 purposes, employees of the District of Columbia govern22 ment shall not be subject to the provisions of title 5,

23 United States Code.

24 SEC. 121. The Director of the Department of Admin25 istrative Services may pay rentals and repair, alter, and
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1 improve rented premises, without regard to the provisions

2 of section 322 of the Economy Act of 1932 (Public Law

3 72–212; 40 U.S.C. 278a), based upon a determination by

4 the Director, that by reason of circumstances set forth in

5 such determination, the payment of these rents and the

6 execution of this work, without reference to the limitations

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

8 of economy, efficiency, and the District’s best interest.

9 SEC. 122. No later than 30 days after the end of the

10 first quarter of the fiscal year ending September 30, 1998,

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

12 Council of the District of Columbia the new fiscal year

13 1998 revenue estimates as of the end of the first quarter

14 of fiscal year 1998. These estimates shall be used in the

15 budget request for the fiscal year ending September 30,

16 1999. The officially revised estimates at midyear shall be

17 used for the midyear report.

18 SEC. 123. No sole source contract with the District

19 of Columbia government or any agency thereof may be re20 newed or extended without opening that contract to the

21 competitive bidding process as set forth in section 303 of

22 the District of Columbia Procurement Practices Act of

23 1985, effective February 21, 1986 (D.C. Law 6–85; D.C.

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

25 government or any agency thereof may renew or extend
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1 sole source contracts for which competition is not feasible

2 or practical: Provided, That the determination as to

3 whether to invoke the competitive bidding process has

4 been made in accordance with duly promulgated rules and

5 procedures and said determination has been reviewed and

6 approved by the District of Columbia Financial Respon7 sibility and Management Assistance Authority.

8 SEC. 124. For purposes of the Balanced Budget and

9 Emergency Deficit Control Act of 1985, approved Decem10 ber 12, 1985 (99 Stat. 1037; Public Law 99–177), as

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

12 be synonymous with and refer specifically to each account

13 appropriating Federal funds in this Act, and any seques14 tration order shall be applied to each of the accounts rath15 er than to the aggregate total of those accounts: Provided,

16 That sequestration orders shall not be applied to any ac17 count that is specifically exempted from sequestration by

18 the Balanced Budget and Emergency Deficit Control Act

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

20 Public Law 99–177), as amended.

21 SEC. 125. In the event a sequestration order is issued

22 pursuant to the Balanced Budget and Emergency Deficit

23 Control Act of 1985, approved December 12, 1985 (99

24 Stat. 1037; Public Law 99–177), as amended, after the

25 amounts appropriated to the District of Columbia for the
29

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1 fiscal year involved have been paid to the District of Co2 lumbia, the Mayor of the District of Columbia shall pay

3 to the Secretary of the Treasury, within 15 days after re4 ceipt of a request therefor from the Secretary of the

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

6 Provided, That the sequestration percentage specified in

7 the order shall be applied proportionately to each of the

8 Federal appropriation accounts in this Act that are not

9 specifically exempted from sequestration by the Balanced

10 Budget and Emergency Deficit Control Act of 1985, ap11 proved December 12, 1985 (99 Stat. 1037; Public Law

12 99–177), as amended.

13 SEC. 126. Nothing in this Act shall be construed to

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

15 programs or functions for which a reorganization plan is

16 required but has not been approved by the Council pursu17 ant to section 422(12) of the District of Columbia Self18 Government and Governmental Reorganization Act of

19 1973, approved December 24, 1973 (87 Stat. 790; Public

20 Law 93–198; D.C. Code, sec. 1–242(12)) and the Govern21 mental Reorganization Procedures Act of 1981, effective

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

23 299.1 to 1–299.7). Appropriations made by this Act for

24 such programs or functions are conditioned on the ap25 proval by the Council of the required reorganization plans.
30

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1 SEC. 127. (a) An entity of the District of Columbia

2 government may accept and use a gift or donation during

3 fiscal year 1998 if—

4 (1) the Mayor approves the acceptance and use

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

6 of the District of Columbia may accept and use gifts

7 without prior approval by the Mayor; and

8 (2) the entity uses the gift or donation to carry

9 out its authorized functions or duties.

10 (b) Each entity of the District of Columbia govern11 ment shall keep accurate and detailed records of the ac12 ceptance and use of any gift or donation under subsection

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

14 for audit and public inspection.

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

16 of the District of Columbia government’’ includes an inde17 pendent agency of the District of Columbia.

18 (d) This section shall not apply to the District of Co19 lumbia Board of Education, which may, pursuant to the

20 laws and regulations of the District of Columbia, accept

21 and use gifts to the public schools without prior approval

22 by the Mayor.

23 SEC. 128. None of the Federal funds provided in this

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

25 for salaries, expenses, or other costs associated with the
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1 offices of United States Senator or United States Rep2 resentative under section 4(d) of the District of Columbia

3 Statehood Constitutional Convention Initiatives of 1979,

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

5 sec. 1–113(d)).

6 SEC. 129. The University of the District of Columbia

7 shall submit to the Congress, the Mayor, the District of

8 Columbia Financial Responsibility and Management As9 sistance Authority, and the Council of the District of Co10 lumbia no later than fifteen (15) calendar days after the

11 end of each month a report that sets forth—

12 (1) current month expenditures and obligations,

13 year-to-date expenditures and obligations, and total

14 fiscal year expenditure projections versus budget

15 broken out on the basis of control center, respon16 sibility center, and object class, and for all funds,

17 non-appropriated funds, and capital financing;

18 (2) a breakdown of FTE positions and all em19 ployees for the most current pay period broken out

20 on the basis of control center and responsibility cen21 ter, for all funds, including capital funds;

22 (3) a list of each account for which spending is

23 frozen and the amount of funds frozen, broken out

24 by control center, responsibility center, detailed ob25 ject, and for all funding sources;
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1 (4) a list of all active contracts in excess of

2 $10,000 annually, which contains the name of each

3 contractor; the budget to which the contract is

4 charged broken out on the basis of control center

5 and responsibility center, and contract identifying

6 codes used by the University of the District of Co7 lumbia; payments made in the last month and year8 to-date, the total amount of the contract and total

9 payments made for the contract and any modifica10 tions, extensions, renewals; and specific modifica11 tions made to each contract in the last month;

12 (5) all reprogramming requests and reports

13 that have been made by the University of the Dis14 trict of Columbia within the last month in compli15 ance with applicable law; and

16 (6) changes made in the last month to the orga17 nizational structure of the University of the District

18 of Columbia, displaying previous and current control

19 centers and responsibility centers, the names of the

20 organizational entities that have been changed, the

21 name of the staff member supervising each entity af22 fected, and the reasons for the structural change.

23 SEC. 130. Notwithstanding any other provision of

24 law, rule, or regulation, the evaluation process and instru25 ments for evaluating District of Columbia Public Schools
33

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1 employees shall be a non-negotiable item for collective bar2 gaining purposes.

3 SEC. 131. Funds authorized or appropriated to the

4 government of the District of Columbia by this or any

5 other act to procure the necessary hardware and installa6 tion of new software, conversion, testing, and training to

7 improve or replace its financial management system are

8 also available for the acquisition of accounting and finan9 cial management services and the leasing of necessary

10 hardware, software or any other related goods or services,

11 as determined by the District of Columbia Financial Re12 sponsibility and Management Assistance Authority.

13 SEC. 132. Section 456 of the District of Columbia

14 Self-Government and Governmental Reorganization Act

15 (secs. 47–231 et seq., D.C. Code) is amended—

16 (1) in subsection (a)(1), by—

17 (A) striking ‘‘1995’’ and inserting ‘‘1998’’;

18 (B) striking ‘‘Mayor’’ and inserting ‘‘Dis19 trict of Columbia Financial Management and

20 Assistance Authority’’; and

21 (C) striking ‘‘Committee on the District of

22 Columbia’’ and inserting ‘‘Committee on Gov23 ernment Reform and Oversight’’;

24 (2) in subsection (b)(1), by—

25 (A) striking ‘‘1997’’ and inserting ‘‘1999’’;
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1 (B) striking ‘‘Mayor’’ and inserting ‘‘Au2 thority’’; and

3 (C) striking ‘‘Committee on the District of

4 Columbia’’ and inserting ‘‘Committee on Gov5 ernment Reform and Oversight’’;

6 (3) in subsection (b)(3), by striking ‘‘Commit7 tee on the District of Columbia’’ and inserting

8 ‘‘Committee on Government Reform and Oversight’’;

9 (4) in subsection (c)(1), by—

10 (A) striking ‘‘1995’’ and inserting ‘‘1997’’;

11 (B) striking ‘‘Mayor’’ and inserting ‘‘Chief

12 Financial Officer’’; and

13 (C) striking ‘‘Committee on the District of

14 Columbia’’ and inserting ‘‘Committee on Gov15 ernment Reform and Oversight’’;

16 (5) in subsection (c)(2)(A), by—

17 (A) striking ‘‘1997’’ and inserting ‘‘1999’’;

18 (B) striking ‘‘Mayor’’ and inserting ‘‘Chief

19 Financial Officer’’; and

20 (C) striking ‘‘Committee on the District of

21 Columbia’’ and inserting ‘‘Committee on Gov22 ernment Reform and Oversight’’;

23 (6) in subsection (c)(2)(B), by striking ‘‘Com24 mittee on the District of Columbia’’ and inserting
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1 ‘‘Committee on Government Reform and Oversight’’;

2 and

3 (7) in subsection (d)(1), by—

4 (A) striking ‘‘1994’’ and inserting ‘‘1997’’;

5 (B) striking ‘‘Mayor’’ and inserting ‘‘Chief

6 Financial Officer’’; and

7 (C) striking ‘‘Committee on the District of

8 Columbia’’ and inserting ‘‘Committee on Gov9 ernment Reform and Oversight’’.

10 SEC. 133. For purposes of the appointment of the

11 head of a department of the government of the District

12 of Columbia under section 11105(a) of the National Cap13 ital Revitalization and Self-Improvement Act of 1997,

14 Public Law 105–33, the following rules shall apply:

15 (1) After the Mayor notifies the Council under

16 paragraph (1)(A)(ii) of such section of the nomina17 tion of an individual for appointment, the Council

18 shall meet to determine whether to confirm or reject

19 the nomination.

20 (2) If the Council fails to confirm or reject the

21 nomination during the 7-day period described in

22 paragraph (1)(A)(iii) of such section, the Council

23 shall be deemed to have confirmed the nomination.

24 (3) For purposes of paragraph (1)(B) of such

25 section, if the Council does not confirm a nomination
36

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1 (or is not deemed to have confirmed a nomination)

2 during the 30-day period described in such para3 graph, the Mayor shall be deemed to have failed to

4 nominate an individual during such period to fill the

5 vacancy in the position of the head of the depart6 ment.

7 SEC. 134. None of the funds appropriated under this

8 Act shall be expended for any abortion except where the

9 life of the mother would be endangered if the fetus were

10 carried to term or where the pregnancy is the result of

11 an act of rape or incest.

12 SEC. 135. No funds made available pursuant to any

13 provision of this Act shall be used to implement or enforce

14 any system of registration of unmarried, cohabiting cou15 ples whether they are homosexual, lesbian, or hetero16 sexual, including but not limited to registration for the

17 purpose of extending employment, health, or governmental

18 benefits to such couples on the same basis that such bene19 fits are extended to legally married couples; nor shall any

20 funds made available pursuant to any provision of this Act

21 otherwise be used to implement or enforce D.C. Act 9–

22 188, signed by the Mayor of the District of Columbia on

23 April 15, 1992.

24 SEC. 136. The Emergency Transitional Education

25 Board of Trustees shall submit to the Congress, the
37

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1 Mayor, the District of Columbia Financial Responsibility

2 and Management Assistance Authority, and the Council

3 of the District of Columbia no later than fifteen (15) cal4 endar days after the end of each month a report that sets

5 forth—

6 (1) current month expenditures and obligations,

7 year-to-date expenditures and obligations, and total

8 fiscal year expenditure projections versus budget

9 broken out on the basis of control center, respon10 sibility center, agency reporting code, and object

11 class, and for all funds, including capital financing;

12 (2) a breakdown of FTE positions and staff for

13 the most current pay period broken out on the basis

14 of control center, responsibility center, and agency

15 reporting code within each responsibility center, for

16 all funds, including capital funds;

17 (3) a list of each account for which spending is

18 frozen and the amount of funds frozen, broken out

19 by control center, responsibility center, detailed ob20 ject, and agency reporting code, and for all funding

21 sources;

22 (4) a list of all active contracts in excess of

23 $10,000 annually, which contains the name of each

24 contractor; the budget to which the contract is

25 charged broken out on the basis of control center,
38

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1 responsibility center, and agency reporting code; and

2 contract identifying codes used by the D.C. Public

3 Schools; payments made in the last month and year4 to-date, the total amount of the contract and total

5 payments made for the contract and any modifica6 tions, extensions, renewals; and specific modifica7 tions made to each contract in the last month;

8 (5) all reprogramming requests and reports

9 that are required to be, and have been, submitted to

10 the Board of Education; and

11 (6) changes made in the last month to the orga12 nizational structure of the D.C. Public Schools, dis13 playing previous and current control centers and re14 sponsibility centers, the names of the organizational

15 entities that have been changed, the name of the

16 staff member supervising each entity affected, and

17 the reasons for the structural change.

18 SEC. 137. (a) IN GENERAL.—The Emergency Tran19 sitional Education Board of Trustees of the District of

20 Columbia and the University of the District of Columbia

21 shall annually compile an accurate and verifiable report

22 on the positions and employees in the public school system

23 and the university, respectively. The annual report shall

24 set forth—
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1 (1) the number of validated schedule A posi2 tions in the District of Columbia Public Schools and

3 the University of the District of Columbia for fiscal

4 year 1996, fiscal year 1997, and thereafter on a full5 time equivalent basis, including a compilation of all

6 positions by control center, responsibility center,

7 funding source, position type, position title, pay

8 plan, grade, and annual salary; and

9 (2) a compilation of all employees in the Dis10 trict of Columbia Public Schools and the University

11 of the District of Columbia as of the preceding De12 cember 31, verified as to its accuracy in accordance

13 with the functions that each employee actually per14 forms, by control center, responsibility center, agen15 cy reporting code, program (including funding

16 source), activity, location for accounting purposes,

17 job title, grade and classification, annual salary, and

18 position control number.

19 (b) SUBMISSION.—The annual report required by

20 subsection (a) of this section shall be submitted to the

21 Congress, the Mayor, the District of Columbia Council,

22 the Consensus Commission, and the Authority, not later

23 than February 15 of each year.

24 SEC. 138. (a) No later than October 1, 1997, or with25 in 15 calendar days after the date of the enactment of
40

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1 the District of Columbia Appropriations Act, 1998, which2 ever occurs later, and each succeeding year, the Emer3 gency Transitional Education Board of Trustees and the

4 University of the District of Columbia shall submit to the

5 appropriate congressional committees, the Mayor, the Dis6 trict of Columbia Council, the Consensus Commission, and

7 the District of Columbia Financial Responsibility and

8 Management Assistance Authority, a revised appropriated

9 funds operating budget for the public school system and

10 the University of the District of Columbia for such fiscal

11 year that is in the total amount of the approved appropria12 tion and that realigns budgeted data for personal services

13 and other-than-personal services, respectively, with antici14 pated actual expenditures.

15 (b) The revised budget required by subsection (a) of

16 this section shall be submitted in the format of the budget

17 that the Emergency Transitional Education Board of

18 Trustees and the University of the District of Columbia

19 submit to the Mayor of the District of Columbia for inclu20 sion in the Mayor’s budget submission to the Council of

21 the District of Columbia pursuant to section 442 of the

22 District of Columbia Self-Government and Governmental

23 Reorganization Act, Public Law 93–198, as amended

24 (D.C. Code, sec. 47–301).
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1 SEC. 139. The Emergency Transitional Education

2 Board of Trustees, the Board of Trustees of the Univer3 sity of the District of Columbia, the Board of Library

4 Trustees, and the Board of Governors of the D.C. School

5 of Law shall vote on and approve their respective annual

6 or revised budgets before submission to the Mayor of the

7 District of Columbia for inclusion in the Mayor’s budget

8 submission to the Council of the District of Columbia in

9 accordance with section 442 of the District of Columbia

10 Self-Government and Governmental Reorganization Act,

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

12 301), or before submitting their respective budgets di13 rectly to the Council.

14 SEC. 140. (a) CEILING ON TOTAL OPERATING EX15 PENSES.—

16 (1) IN GENERAL.—Notwithstanding any other

17 provision of law, the total amount appropriated in

18 this Act for operating expenses for the District of

19 Columbia for fiscal year 1998 under the caption

20 ‘‘Division of Expenses’’ shall not exceed the lesser

21 of—

22 (A) the sum of the total revenues of the

23 District of Columbia for such fiscal year; or

24 (B) $5,166,304,000 (of which

25 $129,946,000 shall be from intra-District
42

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1 funds), which amount may be increased by the

2 following:

3 (i) proceeds of one-time transactions,

4 which are expended for emergency or un5 anticipated operating or capital needs ap6 proved by the District of Columbia Finan7 cial Responsibility and Management As8 sistance Authority; and

9 (ii) additional expenditures which the

10 Chief Financial Officer of the District of

11 Columbia certifies will produce additional

12 revenues during such fiscal year at least

13 equal to 200 percent of such additional ex14 penditures, and which are approved by the

15 District of Columbia Financial Responsibil16 ity and Management Assistance.

17 (C) to the extent that the sum of the total

18 revenues of the District of Columbia for such

19 fiscal year exceed the total amount provided for

20 in subsection (B) above, the Chief Financial Of21 ficer of the District of Columbia, with the ap22 proval of the District of Columbia Financial Re23 sponsibility and Management Assistance Au24 thority, may credit up to ten percent (10%) of

25 the amount of such difference, not to exceed
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1 $3,300,000, to a reserve fund which may be ex2 pended for operating purposes in future fiscal

3 years, in accordance with the financial plans

4 and budgets for such years.

5 (2) ENFORCEMENT.—The Chief Financial Offi6 cer of the District of Columbia and the District of

7 Columbia Financial Responsibility and Management

8 Assistance Authority shall take such steps as are

9 necessary to assure that the District of Columbia

10 meets the requirements of this section, including the

11 apportioning by the Chief Financial Officer of the

12 appropriations and funds made available to the Dis13 trict during fiscal year 1998.

14 (b) ACCEPTANCE AND USE OF GRANTS NOT IN15 CLUDED IN CEILING.—

16 (1) IN GENERAL.—Notwithstanding subsection

17 (a), the Mayor in consultation with the Chief Finan18 cial Officer of the District of Columbia during a con19 trol year, as defined in section 305(4) of Public Law

20 104–8, as amended, 109 Stat. 152, may accept, obli21 gate, and expend Federal, private, and other grants

22 received by the District government that are not re23 flected in the amounts appropriated in this Act.

24 (2) REQUIREMENT OF CHIEF FINANCIAL OFFI25 CER REPORT AND FINANCIAL RESPONSIBILITY AND
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1 MANAGEMENT ASSISTANCE AUTHORITY APPROVAL.—

2 No such Federal, private, or other grant may be ac3 cepted, obligated, or expended pursuant to para4 graph (1) until—

5 (A) the Chief Financial Officer of the Dis6 trict submits to the District of Columbia Finan7 cial Responsibility and Management Assistance

8 Authority established by Public Law 104–8

9 (109 Stat. 97) a report setting forth detailed

10 information regarding such grant; and

11 (B) the District of Columbia Financial Re12 sponsibility and Management Assistance Au13 thority has reviewed and approved the accept14 ance, obligation, and expenditure of such grant

15 in accordance with review and approval proce16 dures consistent with the provisions of Public

17 Law 104–8, as amended, the District of Colum18 bia Financial Responsibility and Management

19 Assistance Act of 1995.

20 (3) PROHIBITION ON SPENDING IN ANTICIPA21 TION OF APPROVAL OR RECEIPT.—No amount may

22 be obligated or expended from the general fund or

23 other funds of the District government in anticipa24 tion of the approval or receipt of a grant under

25 paragraph (2)(B) or in anticipation of the approval
45

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1 or receipt of a Federal, private, or other grant not

2 subject to such paragraph.

3 (4) MONTHLY REPORTS.—The Chief Financial

4 Officer of the District shall prepare a monthly re5 port setting forth detailed information regarding all

6 Federal, private, and other grants subject to this

7 subsection. Each such report shall be submitted to

8 the Council of the District of Columbia, and to the

9 Committees on Appropriations of the House of Rep10 resentatives and the Senate, not later than 15 days

11 after the end of the month covered by the report.

12 SEC. 141. Section 145(a)(2) of the District of Colum13 bia Retirement Reform Act, approved November 17, 1979

14 (93 Stat. 882; D.C. Code 1–725(a)(2)) is amended by

15 adding subsections (a)(2)(A) and (a)(2)(B) to read as fol16 lows:

17 ‘‘(A) Up to 50 police officers and up to 50 Fire and

18 Emergency Medical Services members who were hired be19 fore February 14, 1980, and who retire on disability be20 fore the end of calendar year 1998 shall be excluded from

21 the computation of the rate of disability retirements under

22 subsection 145(a) of the District of Columbia Retirement

23 Reform Act of 1979 (93 Stat. 882; D.C. Code, sec. 1–

24 725(a)), for purposes of reducing the authorized Federal

25 payment to the District of Columbia Police Officers and
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1 Fire Fighters’ Retirement Fund pursuant to subsection

2 145(c) of the District of Columbia Retirement Reform Act

3 of 1979.

4 ‘‘(B) The Mayor, within 30 days after the enactment

5 of this provision, shall engage an enrolled actuary, to be

6 paid by the District of Columbia Retirement Board, and

7 shall comply with the requirements of section 142(d) and

8 section 144(d) of the District of Columbia Retirement Re9 form Act of 1979 (Public Law 96–122, approved Novem10 ber 17, 1979; D.C. Code, secs. 1–722(d) and 1–724(d)).’’.

11 SEC. 142. The District of Columbia Emergency

12 Transitional Education Board of Trustees shall, subject

13 to the contract approval provisions of Public Law 104–

14 8—

15 (A) develop a comprehensive plan to identify

16 and accomplish energy conservation measures to

17 achieve maximum cost-effective energy and water

18 savings;

19 (B) enter into innovative financing and contrac20 tual mechanisms including, but not limited to, utility

21 demand-side management programs and energy sav22 ings performance contracts and water conservation

23 performance contracts: Provided, That the terms of

24 such contracts do not exceed twenty-five years; and
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1 (C) permit and encourage each department or

2 agency and other instrumentality of the District of

3 Columbia to participate in programs conducted by

4 any gas, electric or water utility of the management

5 of electricity or gas demand or for energy or water

6 conservation.

7 SEC. 143. The District of Columbia Self-Government

8 and Governmental Reorganization Act, approved Decem9 ber 24, 1973 (87 Stat. 774; D.C. Code, sec. 1–201 et

10 seq.), is amended by adding a new section 445a to read

11 as follows:

12 ‘‘SEC. 445a. SPECIAL MASTERS’ BUDGETS.

13 ‘‘All Special Masters appointed by the District of Co14 lumbia Superior Court or the United States District Court

15 for the District of Columbia Circuit to any agency of the

16 District of Columbia government shall prepare and annu17 ally submit to the District of Columbia Financial Respon18 sibility and Management Assistance Authority, for inclu19 sion in the annual budget, annual estimates of expendi20 tures and appropriations. Such annual estimates shall be

21 approved by the District of Columbia Financial Respon22 sibility and Management Assistance Authority and the

23 Council of the District of Columbia pursuant to section

24 202 of the District of Columbia Financial Responsibility
48

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1 and Management Assistance Act of 1995, approved April

2 17, 1995 (109 Stat. 109; D.C. Code, sec. 47–392.2).’’

3 SEC. 144. (a) Notwithstanding the provisions of sec4 tion 12 of the Presidential Protection Assistance Act of

5 1976 (18 U.S.C. 3056, note) in carrying out the protec6 tion of the President and Vice President of the United

7 States, pursuant to section 3056(a) of Title 18 of the

8 United States Code, the Secretary of the Treasury is au9 thorized to reimburse the District of Columbia government

10 for the utilization of law enforcement services, personnel,

11 equipment, and facilities of the District of Columbia in

12 furtherance of such protection. All claims for such reim13 bursement by the District of Columbia government will be

14 submitted to the Secretary of the Treasury on a quarterly

15 basis.

16 (b) Section 1537 of Title 31 of the United States

17 Code is repealed.

18 SEC. 145. In addition to amounts appropriated or

19 otherwise made available, $5,000,000 is hereby appro20 priated to the National Park Service and shall be available

21 only for the United States Park Police operations in the

22 District of Columbia.

23 SEC. 146. The District government shall maintain for

24 fiscal year 1998 the same funding levels as provided in
49

S 1156 PCS

1 fiscal year 1997 for homeless services in the District of

2 Columbia.

3 SEC. 147. The District of Columbia Financial Re4 sponsibility and Management Assistance Authority and

5 the Chief Executive Officer of the District of Columbia

6 public schools are hereby directed to report to the Appro7 priations Committees of the Senate and the House of Rep8 resentatives, the Senate Committee on Governmental Af9 fairs and the Committee on Government Reform and

10 Oversight of the House of Representatives not later than

11 April 1, 1998, on all measures necessary and steps to be

12 taken to ensure that the District’s public schools open on

13 time to begin the 1998–99 academic year.

14 This Act may be cited as the District of Columbia

15 Appropriations Act, 1998.
Calendar No. 155

105TH CONGRESS

1ST SESSION S. 1156

[Report No. 105–75]

A BILL

Making appropriations for the government of the

30, 1998, 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 chargeSEPTEMBER 9, 1997

Read twice and placed on the calendar