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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2492 Referred in Senate (RFS)]

103d CONGRESS
  1st Session
                                H.R. 2492

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                July 1 (legislative day, June 30), 1993

  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, 
                     1994, 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, 1994, and for other purposes, namely:

                                TITLE I

                    FISCAL YEAR 1994 APPROPRIATIONS

              Federal Payment to the District of Columbia

    For payment to the District of Columbia for the fiscal year ending 
September 30, 1994, $630,603,000, 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, of which 
$2,000,000 shall not be available for obligation until September 30, 
1994 and shall not be expended prior to October 1, 1994.

          Federal Contribution for Crime and Youth Initiatives

        For a Federal contribution for crime and youth initiatives in 
the District of Columbia, $17,327,000.

                          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, $118,543,000: 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 $10,801,000 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.

                  Economic Development and Regulation

    Economic development and regulation, $85,348,000: 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.

                       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, $907,966,000: 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, 1994, shall be available for 
obligations incurred under the Act in each fiscal year since inception 
in fiscal year 1975: Provided further, That funds appropriated for 
expenses under the District of Columbia Neglect Representation Equity 
Act of 1984, effective March 13, 1985 (D.C. Law 5-129; D.C. Code, sec. 
16-2304), for the fiscal year ending September 30, 1994, shall be 
available for obligations incurred under the Act in each fiscal year 
since inception in fiscal year 1985: Provided further, That funds 
appropriated for expenses under the District of Columbia Guardianship, 
Protective Proceedings, and Durable Power of Attorney Act of 1986, 
effective February 27, 1987 (D.C. Law 6-204; D.C. Code, sec. 21-2060), 
for the fiscal year ending September 30, 1994, 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, 1994, 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, 
riots, and similar disturbances involving the prison: Provided further, 
That none of the funds provided in this Act may be used to implement 
any staffing plan for the District of Columbia Fire Department that 
includes the elimination of any positions for Administrative Assistants 
to the Battalion Fire Chiefs of the Fire Fighting Division of the 
Department: 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 the emergency services involved: Provided 
further, That the Mayor shall promulgate all necessary rules and 
regulations to provide that no police officer, firefighter, or 
correctional officer shall be permitted to work for more than ten (10) 
hours of overtime excluding court time in any one pay period, without 
the written approval of the Chief of Police, Chief of the Fire 
Department, or Director of the Department of Corrections: Provided 
further, That such approval shall clearly state specific reasons as to 
why such overtime was necessary.

                        Public Education System

    Public education system, including the development of national 
defense education programs, $711,813,000, to be allocated as follows: 
$517,682,000 for the public schools of the District of Columbia; 
$98,600,000 shall be allocated for the District of Columbia Teachers' 
Retirement Fund; $65,739,000 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; $3,540,000 for the Commission 
on the Arts and Humanities; $4,500,000 for the District of Columbia 
School of Law; and $492,000 for the Education Licensure Commission: 
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 no later than December 
31, 1993, the Board of Trustees of the University of the District of 
Columbia shall implement resident and nonresident tuition rate 
increases of not less than 20 percent of the rates in effect on April 
1, 1993: 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, 1994, 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, $914,830,000: Provided, That $17,905,000 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 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, $215,749,000: 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, $312,948,000.

                Repayment of General Fund Recovery Debt

    For the purpose of eliminating the $331,589,000 general fund 
accumulated deficit as of September 30, 1990, $38,337,000, 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)).

                      Optical and Dental Benefits

    For optical and dental costs for nonunion employees, $3,423,000.

                             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 1994 from which employees are properly 
payable, $70,680,000.

             Personal and Nonpersonal Services Adjustments

    The Mayor shall reduce appropriations and expenditures for personal 
and nonpersonal services in the amount of $27,062,000, within one or 
several of the various appropriation headings in this Act.

                             Capital Outlay

    For construction projects, $108,743,000, 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; D.C. 
Code, secs. 9-219 and 47-3402); section 3(g) of the District of 
Columbia Motor Vehicle Parking Facility Act of 1942, approved August 
20, 1958 (72 Stat. 686; Public Law 85-692; D.C. Code, sec. 40-805(7)); 
and the National Capital Transportation Act of 1969, approved December 
9, 1969 (83 Stat. 320; Public Law 91-143; D.C. Code, secs. 1-2451, 1-
2452, 1-2454, 1-2456, and 1-2457); 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 $10,577,883 shall be reduced from the 
cumulative amount available for project management and $4,463,301 shall 
be available 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, 
1995, except authorizations for projects as to which funds have been 
obligated in whole or in part prior to September 30, 1995: 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, $240,929,000, of which 
$40,438,000 shall be apportioned and payable to the debt service fund 
for repayment of loans and interest incurred for capital improvement 
projects.
    For construction projects, $29,087,000, 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, sec. 43-1512 et seq.): Provided, That the requirements 
and restrictions that are applicable to general fund capital 
improvement projects and set forth in this Act under the Capital Outlay 
appropriation title shall apply to projects approved under this 
appropriation title.

              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.), $7,168,000, 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.

                             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.) of which $1,742,000 shall be transferred to the general 
fund for the District of Columbia Courts and $35,000 shall be 
transferred to the Office of Cable Television: 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, 1995, shall be transmitted to 
the Congress no later than April 15, 1994.
    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 borrowing 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 1993 shall be deemed to be the rate of pay payable for 
that position for September 30, 1993.
    (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, 1994, the Mayor of the District 
of Columbia shall submit to the Council of the District of Columbia the 
new fiscal year 1994 revenue estimates as of the end of the first 
quarter of fiscal year 1994. These estimates shall be used in the 
budget request for the fiscal year ending September 30, 1995. 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, 
1993'' and inserting ``sold before October 1, 1994''.
    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. Sec. 133(e) of the District of Columbia Appropriations 
Act, 1990, as amended, is amended by striking ``December 31, 1993'' and 
inserting ``December 31, 1994''.
    Sec. 129. For the fiscal year ending September 30, 1994, 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, 1993, 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 1994 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. (a) Up to 50 fire fighters or members of the Fire and 
Emergency Medical Services Department who were hired before February 
14, 1980, and who retire on disability before the end of calendar year 
1993 shall be excluded from the computation of the rate of disability 
retirement under subsection 145(a) of the District of Columbia 
Retirement Reform Act of 1979, as amended, approved September 30, 1983 
(97 Stat. 727; D.C. Code, sec. 1-725(a)), for purposes of reducing the 
authorized Federal payment to the District of Columbia Police Officers 
and Fire Fighters' Retirement Fund pursuant to subsection 145(c) of the 
District of Columbia Retirement Reform Act of 1979.
    (b) The Mayor, within 30 days after the enactment of this Act, 
shall engage an enrolled actuary, to be paid by the District of 
Columbia Retirement Board, and shall comply with the requirements of 
section 142(d) and section 144(d) of the District of Columbia 
Retirement Reform Act of 1979 (Public Law 96-122, D.C. Code, secs. 1-
722(d) and 1-724(d)).
    Sec. 133. At the end of fiscal year 1994, the number of FTE's shall 
not exceed the number of FTE's in the approved fiscal year 1994 budget, 
less a 1 percent attrition rate and the actual corresponding dollar 
savings.
    Sec. 134. (a) The Mayor shall establish a program to offer 
incentives for employees to accept early-out retirement. The Mayor 
shall report to the Council for approval of the early-out retirement 
program by mid-fiscal year 1994 with an actuarial study to show the 
District's liability for the early-out program.
    (b) Notwithstanding any other provision of law, no early-out 
program established pursuant to this section shall be exempt from the 
requirements of section 142(d) and section 144(d) of the District of 
Columbia Retirement Reform Act of 1979 (Public Law 96-122, D.C. Code, 
secs. 1-722(d) and 1-724(d)).
    Sec. 135. (a) None of the funds provided in this Act or any other 
funds available to the District of Columbia shall be used for any 
contract to provide goods or services to or on behalf of the District 
of Columbia which currently are provided by employees, departments, or 
agencies of the District of Columbia until the Mayor submits to the 
Council and the Council approves revised contracting policies and 
procedures.
    (b) The revised contracting policies and procedures required by 
subsection (a) of this section shall provide that:
            (1) A cost analysis comparing the in-house costs of 
        providing the service with the costs associated with 
        contracting for the service shall be completed for each 
        contract proposed pursuant to this section.
            (2) Contracting out will provide savings over the duration 
        of the contract of at least 10 percent.
    Sec. 136. (a) The Mayor shall not award the following types of 
contracts until after the Council has approved the proposed contract 
award as provided in this section:
            (1) Any contract for goods or services worth over 
        $1,000,000 and any contract for any sum which, when added to 
        other contracts awarded to the same contractor for the same or 
        similar purposes within a fiscal year, exceeds $1,000,000 in 
        contracts with the same contractor, except: (A) contracts 
        awarded under the ``competitive sealed bidding'' provisions 
        pursuant to section 303 of the District of Columbia Procurement 
        Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-
        85; D.C. Code, 1-1183.3); or (B) contracts to implement a 
        Federal program where Federal law governs contracting 
        procedures as a condition for the receipt of Federal 
        assistance.
            (2) Any contract to provide goods or services, to or on 
        behalf of the District of Columbia, which currently are or 
        traditionally have been provided by employees, departments, or 
        agencies of the District of Columbia.
    (b) Prior to the award of a contract covered by this section, the 
Mayor shall submit a proposed contract award to the Council. The 
proposed contract award shall be deemed approved 7 calendar days, 
excluding days of Council recess, after the proposal has been 
officially introduced in the Council according to its rules, unless 
during that time, an objection to the proposed award, by at least 3 
members of the Council, is filed in the Office of the Secretary to the 
Council.
    (c) If an objection to the proposed contract award is filed, the 
proposed award shall be deemed approved 21 calendar days, excluding 
days of Council recess, after the proposed award was officially 
introduced in the Council, unless during that time, the Council adopts 
a resolution disapproving the proposed award.
    (d) The Council may approve or disapprove a proposed contract award 
by resolution prior to the expiration of the time periods provided in 
this section.
    (e) The approval required by this section shall be a condition 
precedent to the existence of a District of Columbia contract described 
in subsection (a) of this section. No contractor may undertake any 
work, and no District officer or employee may obligate or expend funds, 
with respect to the performance of a proposed contract prior to Council 
approval under this section.
    Sec. 137. 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.
    Sec. 138. 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)).
    This title may be cited as the ``District of Columbia 
Appropriations Act, 1994''.

                                TITLE II

                     FISCAL YEAR 1993 SUPPLEMENTAL

                       DISTRICT OF COLUMBIA FUNDS

                   Governmental Direction and Support

                         (including rescission)

    For an additional amount for ``Governmental direction and 
support'', $15,133,000: Provided, That of the funds appropriated under 
this heading for the fiscal year ending September 30, 1993 in the 
District of Columbia Appropriations Act, 1993, approved October 5, 1992 
(Public Law 102-382; 106 Stat. 1423), $4,760,000 are rescinded for a 
net increase of $10,373,000.
    The following provision under this heading for the fiscal year 
ending September 30, 1993 in the District of Columbia Appropriations 
Act, 1993, approved October 5, 1992 (Public Law 102-382; 106 Stat. 1423 
is repealed: ``Provided further, That $10,200,000 of the revenues 
realized from the `Water and Sewer Utility Payment in Lieu of Taxes Act 
of 1992' shall be available for the Mayor's youth and crime initiative, 
but shall not be obligated or expended until the Mayor submits to the 
Council a plan for the allocation and use of the funds:''.

                  Economic Development and Regulation

                         (including rescission)

    For an additional amount for ``Economic development and 
regulation'', $1,047,000: Provided, That of the funds appropriated 
under this heading for the fiscal year ending September 30, 1993 in the 
District of Columbia Appropriations Act, 1993, approved October 5, 1992 
(Public Law 102-382; 106 Stat. 1423), $10,587,000 are rescinded for a 
net decrease of $9,540,000.

                       Public Safety and Justice

                         (including rescission)

    For an additional amount for ``Public safety and justice'', 
$6,230,000: Provided, That of the funds appropriated under this heading 
for the fiscal year ending September 30, 1993 in the District of 
Columbia Appropriations Act, 1993, approved October 5, 1992 (Public Law 
102-382; 106 Stat. 1424), $18,921,000 are rescinded for a net decrease 
of $12,691,000: Provided further, That any unspent funds remaining in 
the nonpersonal services budget of the Metropolitan Police Department 
at the end of fiscal year 1993 shall remain available for the exclusive 
use of the Metropolitan Policy Department for the purchase of equipment 
in fiscal year 1994.

                        Public Education System

                         (including rescission)

    For an additional amount for ``Public education system'', $246,000, 
for the Education Licensure Commission: Provided, That of the funds 
appropriated under this heading for the fiscal year ending September 
30, 1993 in the District of Columbia Appropriations Act, 1993, approved 
October 5, 1992 (Public Law 102-382; 106 Stat. 1426), $2,270,000 for 
the Public Schools of the District of Columbia, $4,199,000 for the 
University of the District of Columbia, $964,000 for the Public 
Library, and $70,000 for the Commission on the Arts and Humanities are 
rescinded for a net decrease of $7,257,000.
    The following provision under this heading for the fiscal year 
ending September 30, 1993 in the District of Columbia Appropriations 
Act, 1993, approved October 5, 1992 (Public Law 102-382, 106 Stat. 
1426) is repealed: ``of which $2,000,000 shall be derived from revenues 
realized from the `Water and Sewer Utility Payment in Lieu of Taxes Act 
of 1992';''.

                         Human Support Services

                         (including rescission)

    For an additional amount for ``Human support services'', 
$70,772,000: Provided, That of the funds appropriated under this 
heading for the fiscal year ending September 30, 1993 in the District 
of Columbia Appropriations Act, 1993, approved October 5, 1992 (Public 
Law 102-382; 106 Stat. 1426), $2,221,000 are rescinded for a net 
increase of $68,551,000.

                              Public Works

                              (rescission)

    Of the funds appropriated under this heading for the fiscal year 
ending September 30, 1993 in the District of Columbia Appropriations 
Act, 1993, approved October 5, 1992 (Public Law 102-382; 106 Stat. 
1427), $3,271,000 are rescinded.

                    Repayment of Loans and Interest

    For an additional amount for ``Repayment of loans and interest'', 
$19,051,000.

                Repayment of General Fund Recovery Debt

                              (rescission)

    Of the funds appropriated under this heading for the fiscal year 
ending September 30, 1993 in the District of Columbia Appropriations 
Act, 1993, approved October 5, 1992 (Public Law 102-382; 106 Stat. 
1427), $5,000 are rescinded.

                                Resizing

    For the purpose of funding costs associated with the Temporary 
Appeals Panel pursuant to D.C. Law 9-47, the District of Columbia 
Government Merit Personnel Act of 1978 Temporary Amendment Act of 1991, 
$225,000.

                             Severance Pay

    For severance pay to employees who are involuntarily separated from 
service as a result of reductions-in-force or reorganizations, 
$10,410,000.

                             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 from which costs are properly payable, $7,880,000.

                         Facilities Rent/Leases

    The paragraph under the heading ``Facilities Rent/Leases'' in the 
District of Columbia Appropriations Act, 1993, approved October 5, 1992 
(Public Law 102-382; 106 Stat. 1428), is repealed: Provided, That the 
appropriation of $16,682,000 provided by that paragraph is distributed 
within the appropriation titles above.

                          Furlough Adjustment

    Each agency, office, and instrumentality of the District, except 
the District of Columbia Courts, shall furlough each employee of the 
respective agency, office, or instrumentality for one day in each month 
of the fiscal year ending September 30, 1993, or a proportionate number 
of hours for part-time employees. The personal services spending 
authority for each agency, office, and instrumentality subject to this 
section is reduced in an amount equal to the savings resulting from the 
employee furloughs required by this section, for a total reduction of 
$36,000,000, which is distributed within the appropriation titles 
above. The Council shall enact legislation to implement this section 
which may include but shall not be limited to procedures to ensure that 
public health and safety functions are carried out.

                    Within-Grade Salary Adjustments

    Notwithstanding any other provision of law, no employee of any 
agency, office, or instrumentality of the District shall receive 
within-grade salary increases during the fiscal year ending September 
30, 1993, and no time during the fiscal year ending September 30, 1993 
shall accrue toward the waiting period for advancement to the following 
rate within the grade. The spending authority for each agency, office, 
and instrumentality is reduced in an amount equal to the savings 
resulting from the adjustments required by this section, for a total 
reduction of $13,000,000, which is distributed within the appropriation 
titles above.

             Personal and Nonpersonal Services Adjustments

    The paragraph under the heading ``Personal and Nonpersonal Services 
Adjustments'', in the District of Columbia Appropriations Act, 1993, 
approved October 5, 1992 (Public Law 102-382; 106 Stat. 1428), is 
repealed: Provided, That the reduction of $30,798,600 required by that 
paragraph is distributed within the appropriation titles above: 
Provided further, That the Mayor shall reduce appropriations and 
expenditures for personal and nonpersonal services in the amount of 
$29,730,000, within one or several of the various appropriation 
headings in this Act.

                             Capital Outlay

    For an additional amount for ``Capital outlay'', $200,000, to 
remain available until expended.

                    Water and Sewer Enterprise Fund

                         (including rescission)

    For an additional amount for ``Water and Sewer Enterprise Fund'', 
$12,717,000: Provided, That of the funds appropriated under this 
heading in the District of Columbia Appropriations Act, 1993, approved 
October 5, 1992 (Public Law 102-382; 106 Stat. 1429), $41,482,000 are 
rescinded for a net decrease of $28,765,000.
    The following provision under this heading for the fiscal year 
ending September 30, 1993 in the District of Columbia Appropriations 
Act, 1993, approved October 5, 1992 (Public Law 102-382; 106 Stat. 
1429) is repealed: ``, and $12,200,000 collected as payment in lieu of 
taxes pursuant to the `Water and Sewer Utility Payment in Lieu of Taxes 
Act of 1992' shall be transferred to the general fund to provide 
$10,200,000 for the Mayor's youth and crime initiative, and $2,000,000 
for the University of the District of Columbia''.
    The following provision under this heading for the fiscal year 
ending September 30, 1993 in the District of Columbia Appropriations 
Act, 1993, approved October 5, 1992 (Public Law 102-382; 106 Stat. 
1430) is repealed: ``Provided further, That not to exceed $22,705,000 
in water and sewer enterprise fund operating revenues shall be 
available for pay-as-you-go capital projects''.

              Lottery and Charitable Games Enterprise Fund

                              (rescission)

    Of the funds appropriated under this heading for the Lottery and 
Charitable Games Enterprise Fund for the fiscal year ending September 
30, 1993 in the District of Columbia Appropriations Act, 1993, approved 
October 5, 1992 (Public Law 102-382; 106 Stat. 1430), $270,000 are 
rescinded.

                    Cable Television Enterprise Fund

                         (including rescission)

    For an additional amount for ``Cable Television Enterprise Fund'', 
$35,000: Provided, That of the funds appropriated under this heading 
for the Cable Television Enterprise Fund for the fiscal year ending 
September 30, 1993 in the District of Columbia Appropriations Act, 
1993, approved October 5, 1992 (Public Law 102-382; 106 Stat. 1430), 
$300,000 are rescinded and transferred to the general fund for a net 
decrease of $265,000.

                             Starplex Fund

    The paragraph under the heading ``Starplex Fund'' in the District 
of Columbia Appropriations Act, 1993, approved October 5, 1992 (Public 
Law 102-382; 106 Stat. 1430), is amended by inserting after the phrase 
``shall be transferred to the general fund'' the following: ``and an 
additional $200,000 shall be transferred to the University of the 
District of Columbia''.

                           General Provisions

    Sec. 201. Section 114 of the District of Columbia Appropriations 
Act, 1993, approved October 5, 1992 (106 Stat. 1432) is repealed.
    Sec. 202. Section 134(a)(1) of the District of Columbia 
Appropriations Act, 1993, approved October 5, 1992 (106 Stat. 1435) is 
amended by inserting the following after the word ``donation'': ``: 
Provided, That the Council of the District of Columbia may accept and 
use gifts without prior approval by the Mayor''.

                    Compliance With Buy American Act

    Sec. 203. No funds appropriated pursuant to this Act may be 
expended by an entity unless the entity agrees that in expending the 
assistance the entity will comply with sections 2 through 4 of the Act 
of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy 
American Act'').

            Sense of Congress; Requirement Regarding Notice

    Sec. 204. (a) Purchase of American-Made Equipment and Products.--In 
the case of any equipment or products that may be authorized to be 
purchased with financial assistance provided under this Act, it is the 
sense of the Congress that entities receiving such assistance should, 
in expending the assistance, purchase only American-made equipment and 
products.
    (b) Notice to Recipients of Assistance.--In providing financial 
assistance under this Act, the Secretary of the Treasury shall provide 
to each recipient of the assistance a notice describing the statement 
made in subsection (a) by the Congress.

                        Prohibition of Contracts

    Sec. 205. If it has been finally determined by a court or Federal 
agency that any person intentionally affixed a fraudulent label bearing 
a ``Made in America'' inscription, or any inscription with the same 
meaning, to any product sold in or shipped to the United States that 
was not made in the United States, such person shall be ineligible to 
receive any contract or subcontract made with funds provided pursuant 
to this Act, pursuant to the debarment, suspension, and ineligibility 
procedures described in section 9.400 through 9.409 of title 48, Code 
of Federal Regulations.
    This title may be cited as the ``District of Columbia Supplemental 
Appropriations and Rescissions Act, 1993''.

            Passed the House of Representatives June 30, 1993.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.

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