Calendar No. 148

103D CONGRESS

1ST SESSION H. R. 2492

[Report No. 103–104]

AN ACT

Making appropriations for the government of the

30, 1994, 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 chargeJULY 1 (legislative day, JUNE 30), 1993

Received; read twice and referred to the Committee on

Appropriations

JULY 20 (legislative day, JUNE 30), 1993

Reported with amendments
II

Calendar No. 148

103D CONGRESS

1ST SESSION H. R. 2492

[Report No. 103–104]

IN THE SENATE OF THE UNITED STATES

JULY 1 (legislative day, JUNE 30), 1993

Received; read twice and referred to the Committee on Appropriations

JULY 20 (legislative day, JUNE 30), 1993

Reported by Mr. KOHL, with amendments

[Omit the part struck through and insert the part printed in italic]

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.

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

5 District of Columbia for the fiscal year ending September

6 30, 1994, and for other purposes, namely:
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1 TITLE I

2 FISCAL YEAR 1994 APPROPRIATIONS

3 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

4 For payment to the District of Columbia for the fiscal

5 year ending September 30, 1994, $630,603,000, as au6 thorized by section 502(a) of the District of Columbia

7 Self-Government and Governmental Reorganization Act,

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

9 3406.1).

10 FEDERAL CONTRIBUTION TO RETIREMENT FUNDS

11 For the Federal contribution to the Police Officers

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

13 Funds, as authorized by the District of Columbia Retire14 ment Reform Act, approved November 17, 1979 (93 Stat.

15 866; Public Law 96–122), $52,070,000,–of which

16 $2,000,000 shall not be available for obligation until Sep17 tember 30, 1994 and shall not be expended prior to Octo18 ber 1, 1994.

19 FEDERAL CONTRIBUTION FOR CRIME AND YOUTH

20 INITIATIVES

21 For a Federal contribution for crime and youth ini22 tiatives in the District of Columbia, $17,327,000

23 $15,327,000: Provided, That the Mayor may use a portion

24 of these funds for the operations of the Trauma Care Fund

25 as established in Public Law 102–382 (106 Stat. 1428):
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1 Provided further, That no trauma center may receive an

2 amount greater than its proportionate share of the total

3 available in the fund, in any fiscal year, as determined by

4 its proportionate share of total uncompensated care among

5 Level I trauma centers in the District of Columbia for the

6 most recent year such data is available: Provided further,

7 That in no case may any trauma center receive more than

8 35 percent of the total amount available in any one fiscal

9 year: Provided further, That these funds shall be subject to

10 any modifications that may be enacted in authorizing leg11 islation.

12 DIVISION OF EXPENSES

13 The following amounts are appropriated for the Dis14 trict of Columbia for the current fiscal year out of the

15 general fund of the District of Columbia, except as other16 wise specifically provided.

17 GOVERNMENTAL DIRECTION AND SUPPORT

18 Governmental direction and support, $118,543,000

19 $114,781,000: Provided, That not to exceed $2,500 for the

20 Mayor, $2,500 for the Chairman of the Council of the Dis21 trict of Columbia, and $2,500 for the City Administrator

22 shall be available from this appropriation for expenditures

23 for official purposes: Provided further, That any program

24 fees collected from the issuance of debt shall be available

25 for the payment of expenses of the debt management pro-
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1 gram of the District of Columbia: Provided further, That

2 notwithstanding any other provision of law, there is hereby

3 appropriated from the earnings of the applicable retire4 ment funds $10,801,000 to pay legal, management, in5 vestment, and other fees and administrative expenses of

6 the District of Columbia Retirement Board: Provided fur7 ther, That the District of Columbia Retirement Board

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

9 District of Columbia a quarterly report of the allocations

10 of charges by fund and of expenditures of all funds: Pro11 vided further, That the District of Columbia Retirement

12 Board shall provide the Mayor, for transmittal to the

13 Council of the District of Columbia, an item accounting

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

15 annual budget submission and the actual use of such

16 funds in time for each annual audited financial report:

17 Provided further, That no revenues from Federal sources

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

19 Statehood Commission and Statehood Compact Commis20 sion.

21 ECONOMIC DEVELOPMENT AND REGULATION

22 Economic development and regulation, $85,348,000

23 $85,629,000: Provided, That the District of Columbia

24 Housing Finance Agency, established by section 201 of

25 the District of Columbia Housing Finance Agency Act, ef-
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1 fective March 3, 1979 (D.C. Law 2–135; D.C. Code, sec.

2 45–2111), based upon its capability of repayments as de3 termined each year by the Council of the District of Co4 lumbia from the Housing Finance Agency’s annual au5 dited financial statements to the Council of the District

6 of Columbia, shall repay to the general fund an amount

7 equal to the appropriated administrative costs plus inter8 est at a rate of four percent per annum for a term of

9 15 years, with a deferral of payments for the first three

10 years: Provided further, That notwithstanding the fore11 going provision, the obligation to repay all or part of the

12 amounts due shall be subject to the rights of the owners

13 of any bonds or notes issued by the Housing Finance

14 Agency and shall be repaid to the District of Columbia

15 government only from available operating revenues of the

16 Housing Finance Agency that are in excess of the amounts

17 required for debt service, reserve funds, and operating ex18 penses: Provided further, That upon commencement of the

19 debt service payments, such payments shall be deposited

20 into the general fund of the District of Columbia.

21 PUBLIC SAFETY AND JUSTICE

22 Public safety and justice, including purchase of 135

23 passenger-carrying vehicles for replacement only, includ24 ing 130 for police-type use and five for fire-type use, with25 out regard to the general purchase price limitation for the
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1 current fiscal year, $907,966,000 $877,703,000, of which

2 $1,100,000 for the District of Columbia National Guard;

3 $1,848,000 for the Office of Emergency Preparedness; and

4 $1,052,000 for object class 70 of the Metropolitan Police De5 partment shall be derived from other Federal sources here6 after appropriated: Provided, That the Metropolitan Police

7 Department is authorized to replace not to exceed 25 pas8 senger-carrying vehicles and the Fire Department of the

9 District of Columbia is authorized to replace not to exceed

10 five passenger-carrying vehicles annually whenever the

11 cost of repair to any damaged vehicle exceeds three12 fourths of the cost of the replacement: Provided further,

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

14 appropriation for the Chief of Police for the prevention

15 and detection of crime: Provided further, That the Metro16 politan Police Department shall provide quarterly reports

17 to the Committees on Appropriations of the House and

18 Senate on efforts to increase efficiency and improve the

19 professionalism in the department: Provided further, That

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

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

22 Police Department’s delegated small purchase authority

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

24 Columbia government may not require the Metropolitan

25 Police Department to submit to any other procurement re-
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1 view process, or to obtain the approval of or be restricted

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

3 of Columbia government, for purchases that do not exceed

4 $500,000: Provided further, That funds appropriated for

5 expenses under the District of Columbia Criminal Justice

6 Act, approved September 3, 1974 (88 Stat. 1090; Public

7 Law 93–412; D.C. Code, sec. 11–2601 et seq.), for the

8 fiscal year ending September 30, 1994, shall be available

9 for obligations incurred under the Act in each fiscal year

10 since inception in fiscal year 1975: Provided further, That

11 funds appropriated for expenses under the District of Co12 lumbia Neglect Representation Equity Act of 1984, effec13 tive March 13, 1985 (D.C. Law 5–129; D.C. Code, sec.

14 16–2304), for the fiscal year ending September 30, 1994,

15 shall be available for obligations incurred under the Act

16 in each fiscal year since inception in fiscal year 1985: Pro17 vided further, That funds appropriated for expenses under

18 the District of Columbia Guardianship, Protective Pro19 ceedings, and Durable Power of Attorney Act of 1986, ef20 fective February 27, 1987 (D.C. Law 6–204; D.C. Code,

21 sec. 21–2060), for the fiscal year ending September 30,

22 1994, shall be available for obligations incurred under the

23 Act in each fiscal year since inception in fiscal year 1989:

24 Provided further, That not to exceed $1,500 for the Chief

25 Judge of the District of Columbia Court of Appeals,
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1 $1,500 for the Chief Judge of the Superior Court of the

2 District of Columbia, and $1,500 for the Executive Officer

3 of the District of Columbia Courts shall be available from

4 this appropriation for official purposes: Provided further,

5 That the District of Columbia shall operate and maintain

6 a free, 24-hour telephone information service whereby resi7 dents of the area surrounding Lorton prison in Fairfax

8 County, Virginia, can promptly obtain information from

9 District of Columbia government officials on all disturb10 ances at the prison, including escapes, fires, riots, and

11 similar incidents: Provided further, That the District of

12 Columbia government shall also take steps to publicize the

13 availability of the 24-hour telephone information service

14 among the residents of the area surrounding the Lorton

15 prison: Provided further, That not to exceed $100,000 of

16 this appropriation shall be used to reimburse Fairfax

17 County, Virginia, and Prince William County, Virginia, for

18 expenses incurred by the counties during the fiscal year

19 ending September 30, 1994, in relation to the Lorton pris20 on complex: Provided further, That such reimbursements

21 shall be paid in all instances in which the District requests

22 the counties to provide police, fire, rescue, and related

23 services to help deal with escapes, riots, and similar dis24 turbances involving the prison: Provided further, That

25 none of the funds provided in this Act may be used to
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1 implement any staffing plan for the District of Columbia

2 Fire Department that includes the elimination of any posi3 tions for Administrative Assistants to the Battalion Fire

4 Chiefs of the Fire Fighting Division of the Department:

5 Provided further, That none of the funds appropriated by

6 this Act may be used to implement any plan that includes

7 the closing of Engine Company 3, located at 439 New Jer8 sey Avenue, Northwest: Provided further, That the Mayor

9 shall reimburse the District of Columbia National Guard

10 for expenses incurred in connection with services that are

11 performed in emergencies by the National Guard in a mili12 tia status and are requested by the Mayor, in amounts

13 that shall be jointly determined and certified as due and

14 payable for these services by the Mayor and the Com15 manding General of the District of Columbia National

16 Guard: Provided further, That such sums as may be nec17 essary for reimbursement to the District of Columbia Na18 tional Guard under the preceding proviso shall be available

19 from this appropriation, and the availability of the sums

20 shall be deemed as constituting payment in advance for

21 the emergency services involved: Provided further, That

22 the Mayor shall promulgate all necessary rules and regula23 tions to provide that no police officer, firefighter, or cor24 rectional officer shall be permitted to work for more than

25 ten (10) hours of overtime excluding court time in any
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1 one pay period, without the written approval of the Chief

2 of Police, Chief of the Fire Department, or Director of

3 the Department of Corrections: Provided further, That

4 such approval shall clearly state specific reasons as to why

5 such overtime was necessary.

6 PUBLIC EDUCATION SYSTEM

7 Public education system, including the development

8 of national defense education programs, $711,813,000

9 $710,742,000, to be allocated as follows: $517,682,000 for

10 the public schools of the District of Columbia;

11 $98,600,000 shall be allocated for the District of Colum12 bia Teachers’ Retirement Fund; $65,739,000 for the Uni13 versity of the District of Columbia; $21,260,000 for the

14 Public Library, of which $200,000 shall be transferred to

15 the Children’s Museum; $3,540,000 $3,474,000 for the

16 Commission on the Arts and Humanities; $4,500,000

17 $3,500,000 for the District of Columbia School of Law;

18 and $492,000 $487,000 for the Education Licensure Com19 mission: Provided, That the public schools of the District

20 of Columbia are authorized to accept not to exceed 31

21 motor vehicles for exclusive use in the driver education

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

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

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

25 for the Public Librarian shall be available from this appro-
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1 priation for expenditures for official purposes: Provided

2 further, That no later than December 31, 1993, the Board

3 of Trustees of the University of the District of Columbia

4 shall implement resident and nonresident tuition rate in5 creases of not less than 20 percent of the rates in effect

6 on April 1, 1993: Provided further, That this appropria7 tion shall not be available to subsidize the education of

8 nonresidents of the District of Columbia at the University

9 of the District of Columbia, unless the Board of Trustees

10 of the University of the District of Columbia adopts, for

11 the fiscal year ending September 30, 1994, a tuition rate

12 schedule that will establish the tuition rate for nonresident

13 students at a level no lower than the nonresident tuition

14 rate charged at comparable public institutions of higher

15 education in the metropolitan area.

16 HUMAN SUPPORT SERVICES

17 Human support services, $914,830,000 $869,587,000:

18 Provided, That $17,905,000 $20,905,000 of this appro19 priation, to remain available until expended, shall be avail20 able solely for District of Columbia employees’ disability

21 compensation: Provided further, That the District shall not

22 provide free government services such as water, sewer,

23 solid waste disposal or collection, utilities, maintenance,

24 repairs, or similar services to any legally constituted pri25 vate nonprofit organization (as defined in section 411(5)
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1 of Public Law 100–77, approved July 22, 1987) providing

2 emergency shelter services in the District, if the District

3 would not be qualified to receive reimbursement pursuant

4 to the Stewart B. McKinney Homeless Act, approved July

5 22, 1987 (101 Stat. 485; Public Law 100–77; 42 U.S.C.

6 11301 et seq.).

7 PUBLIC WORKS

8 Public works, including rental of one passenger-car9 rying vehicle for use by the Mayor and three passenger10 carrying vehicles for use by the Council of the District of

11 Columbia and purchase of passenger-carrying vehicles for

12 replacement only, $215,749,000 $203,939,000: Provided,

13 That this appropriation shall not be available for collecting

14 ashes or miscellaneous refuse from hotels and places of

15 business.

16 WASHINGTON CONVENTION CENTER FUND

17 For the Washington Convention Center Fund,

18 $12,850,000.

19 REPAYMENT OF LOANS AND INTEREST

20 For reimbursement to the United States of funds

21 loaned in compliance with An Act to provide for the estab22 lishment of a modern, adequate, and efficient hospital cen23 ter in the District of Columbia, approved August 7, 1946

24 (60 Stat. 896; Public Law 79–648); section 1 of An Act

25 to authorize the Commissioners of the District of Colum-
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1 bia to borrow funds for capital improvement programs and

2 to amend provisions of law relating to Federal Govern3 ment participation in meeting costs of maintaining the

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

5 183; Public Law 85–451; D.C. Code, sec. 9–219); section

6 4 of An Act to authorize the Commissioners of the District

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

8 sanitary sewer to connect the Dulles International Airport

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

10 1960 (74 Stat. 211; Public Law 86–515); sections 723

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

12 and Governmental Reorganization Act of 1973, approved

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

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

15 1156; Public Law 95–131; D.C. Code, sec. 9–219, note);

16 section 6 of Public Law 101–590 (104 Stat. 2929), includ17 ing interest as required thereby, $312,948,000

18 $316,948,000.

19 REPAYMENT OF GENERAL FUND RECOVERY DEBT

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

21 general fund accumulated deficit as of September 30,

22 1990, $38,337,000, as authorized by section 461(a) of the

23 District of Columbia Self-Government and Governmental

24 Reorganization Act, approved December 24, 1973, as
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1 amended (105 Stat. 540; Public Law 102–106; D.C. Code,

2 sec. 47–321(a)).

3 OPTICAL AND DENTAL BENEFITS

4 For optical and dental costs for nonunion employees,

5 $3,423,000.

6 PAY ADJUSTMENT

7 For pay increases and related costs, to be transferred

8 by the Mayor of the District of Columbia within the var9 ious appropriation headings in this Act for fiscal year

10 1994 from which employees are properly payable,

11 $70,680,000 $81,680,000.

12 SEVERANCE PAY

13 For severance pay to employees who are involuntarily

14 separated from service as a result of reductions-in-force or

15 reorganizations, $11,033,000.

16 D.C. GENERAL HOSPITAL DEFICIT PAYMENT

17 For the purpose of reimbursing the General Fund for

18 costs incurred for the operation of the D.C. General Hos19 pital pursuant to D.C. Law 1–134, the D.C. General Hos20 pital Commission Act of 1977, $20,000,000.

21 PERSONAL AND NONPERSONAL SERVICES ADJUSTMENTS

22 The Mayor shall reduce appropriations and expendi23 tures for personal and nonpersonal services in the amount

24 of $27,062,000 $7,000,000, within one or several of the

25 various appropriation headings in this Act.
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1 CAPITAL OUTLAY

2 For construction projects, $108,743,000

3 $158,743,000, as authorized by An Act authorizing the lay4 ing of water mains and service sewers in the District of

5 Columbia, the levying of assessments therefor, and for

6 other purposes, approved April 22, 1904 (33 Stat. 244;

7 Public Law 58–140; D.C. Code, secs. 43–1512 through

8 43–1519); the District of Columbia Public Works Act of

9 1954, approved May 18, 1954 (68 Stat. 101; Public Law

10 83–364); An Act to authorize the Commissioners of the

11 District of Columbia to borrow funds for capital improve12 ment programs and to amend provisions of law relating

13 to Federal Government participation in meeting costs of

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

15 1958 (72 Stat. 183; Public Law 85–451; D.C. Code, secs.

16 9–219 and 47–3402); section 3(g) of the District of Co17 lumbia Motor Vehicle Parking Facility Act of 1942, ap18 proved August 20, 1958 (72 Stat. 686; Public Law 85–

19 692; D.C. Code, sec. 40–805(7)); and the National Capital

20 Transportation Act of 1969, approved December 9, 1969

21 (83 Stat. 320; Public Law 91–143; D.C. Code, secs. 1–

22 2451, 1–2452, 1–2454, 1–2456, and 1–2457); including

23 acquisition of sites, preparation of plans and specifica24 tions, conducting preliminary surveys, erection of struc25 tures, including building improvement and alteration and
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1 treatment of grounds, to remain available until expended:

2 Provided, That $10,577,883 shall be reduced from the cu3 mulative amount available for project management and

4 $4,463,301 shall be available for design by the Director

5 of the Department of Public Works or by contract for ar6 chitectural engineering services, as may be determined by

7 the Mayor: Provided further, That funds for use of each

8 capital project implementing agency shall be managed and

9 controlled in accordance with all procedures and limita10 tions established under the Financial Management Sys11 tem: Provided further, That all funds provided by this ap12 propriation title shall be available only for the specific

13 projects and purposes intended: Provided further, That

14 notwithstanding the foregoing, all authorizations for cap15 ital outlay projects, except those projects covered by the

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

17 Act of 1968, approved August 23, 1968 (82 Stat. 827;

18 Public Law 90–495; D.C. Code, sec. 7–134, note), for

19 which funds are provided by this appropriation title, shall

20 expire on September 30, 1995, except authorizations for

21 projects as to which funds have been obligated in whole

22 or in part prior to September 30, 1995: Provided further,

23 That upon expiration of any such project authorization the

24 funds provided herein for the project shall lapse: Provided

25 further, That $50,000,000 shall be solely for the purpose of
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1 carrying out section 6 of Public Law 101–590 (104 Stat.

2 2929) and shall be transferred within 45-days of receipt of

3 bond proceeds: Provided further, That, once the Fish and

4 Wildlife Service study on the fishway at Little Falls Dam

5 is complete the Washington Aqueduct may use up to

6 $500,000 of funds provided to it under this heading to initi7 ate construction of modifications to the Little Falls Dam

8 facility for the purpose of environmental restoration and

9 improvements by providing passage for anadromous fish on

10 the Potomac River.

11 WATER AND SEWER ENTERPRISE FUND

12 For the Water and Sewer Enterprise Fund,

13 $240,929,000, of which $40,438,000 shall be apportioned

14 and payable to the debt service fund for repayment of

15 loans and interest incurred for capital improvement

16 projects.

17 For construction projects, $29,087,000, as author18 ized by An Act authorizing the laying of water mains and

19 service sewers in the District of Columbia, the levying of

20 assessments therefor, and for other purposes, approved

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

22 Code, sec. 43–1512 et seq.): Provided, That the require23 ments and restrictions that are applicable to general fund

24 capital improvement projects and set forth in this Act
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1 under the Capital Outlay appropriation title shall apply

2 to projects approved under this appropriation title.

3 LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

4 For the Lottery and Charitable Games Enterprise

5 Fund, established by the District of Columbia Appropria6 tion Act for the fiscal year ending September 30, 1982,

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

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

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

10 Bingo and Raffles for Charitable Purposes in the District

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

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

13 $7,168,000, to be derived from non-Federal District of

14 Columbia revenues: Provided, That the District of Colum15 bia shall identify the source of funding for this appropria16 tion title from the District’s own locally-generated reve17 nues: Provided further, That no revenues from Federal

18 sources shall be used to support the operations or activi19 ties of the Lottery and Charitable Games Control Board.

20 CABLE TELEVISION ENTERPRISE FUND

21 For the Cable Television Enterprise Fund, estab22 lished by the Cable Television Communications Act of

23 1981, effective October 22, 1983 (D.C. Law 5–36; D.C.

24 Code, sec. 43–1801 et seq.), $2,353,000.
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1 STARPLEX FUND

2 For the Starplex Fund, an amount necessary for the

3 expenses incurred by the Armory Board in the exercise

4 of its powers granted by An Act To Establish a District

5 of Columbia Armory Board, and for other purposes, ap6 proved June 4, 1948 (62 Stat. 339; D.C. Code, sec. 2–

7 301 et seq.) and the District of Columbia Stadium Act

8 of 1957, approved September 7, 1957 (71 Stat. 619; Pub9 lic Law 85–300; D.C. Code, sec. 2–321 et seq.) of which

10 $1,742,000 shall be transferred to the general fund for

11 the District of Columbia Courts and $35,000 shall be

12 transferred to the Office of Cable Television: Provided,

13 That the Mayor shall submit a budget for the Armory

14 Board for the forthcoming fiscal year as required by sec15 tion 442(b) of the District of Columbia Self-Government

16 and Governmental Reorganization Act, approved Decem17 ber 24, 1973 (87 Stat. 824; Public Law 93–198; D.C.

18 Code, sec. 47–301(b)).

19 GENERAL PROVISIONS

20 SEC. 101. The expenditure of any appropriation

21 under this Act for any consulting service through procure22 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

23 to those contracts where such expenditures are a matter

24 of public record and available for public inspection, except
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1 where otherwise provided under existing law, or under ex2 isting Executive order issued pursuant to existing law.

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

4 all vouchers covering expenditures of appropriations con5 tained in this Act shall be audited before payment by the

6 designated certifying official and the vouchers as approved

7 shall be paid by checks issued by the designated disbursing

8 official.

9 SEC. 103. Whenever in this Act, an amount is speci10 fied within an appropriation for particular purposes or ob11 jects of expenditure, such amount, unless otherwise speci12 fied, shall be considered as the maximum amount that

13 may be expended for said purpose or object rather than

14 an amount set apart exclusively therefor.

15 SEC. 104. Appropriations in this Act shall be avail16 able, when authorized by the Mayor, for allowances for

17 privately-owned automobiles and motorcycles used for the

18 performance of official duties at rates established by the

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

20 maximum prevailing rates for such vehicles as prescribed

21 in the Federal Property Management Regulations 101–7

22 (Federal Travel Regulations).

23 SEC. 105. Appropriations in this Act shall be avail24 able for expenses of travel and for the payment of dues

25 of organizations concerned with the work of the District
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1 of Columbia government, when authorized by the Mayor:

2 Provided, That the Council of the District of Columbia

3 and the District of Columbia Courts may expend such

4 funds without authorization by the Mayor.

5 SEC. 106. There are appropriated from the applicable

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

7 necessary for making refunds and for the payment of

8 judgments that have been entered against the District of

9 Columbia government: Provided, That nothing contained

10 in this section shall be construed as modifying or affecting

11 the provisions of section 11(c)(3) of title XII of the Dis12 trict of Columbia Income and Franchise Tax Act of 1947,

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

14 460; D.C. Code, sec. 47–1812.11(c)(3)).

15 SEC. 107. Appropriations in this Act shall be avail16 able for the payment of public assistance without reference

17 to the requirement of section 544 of the District of Colum18 bia Public Assistance Act of 1982, effective April 6, 1982

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

20 non-Federal share of funds necessary to qualify for Fed21 eral assistance under the Juvenile Delinquency Prevention

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

23 Stat. 462; Public Law 90–445; 42 U.S.C. 3801 et seq.).
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1 SEC. 108. No part of any appropriation contained in

2 this Act shall remain available for obligation beyond the

3 current fiscal year unless expressly so provided herein.

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

5 District of Columbia government for the operation of edu6 cational institutions, the compensation of personnel, or for

7 other educational purposes may be used to permit, encour8 age, facilitate, or further partisan political activities.

9 Nothing herein is intended to prohibit the availability of

10 school buildings for the use of any community or partisan

11 political group during non-school hours.

12 SEC. 110. The annual budget for the District of Co13 lumbia government for the fiscal year ending September

14 30, 1995, shall be transmitted to the Congress no later

15 than April 15, 1994.

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

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

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

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

20 not available for inspection by the House and Senate Com21 mittees on Appropriations, the House Committee on the

22 District of Columbia, the Subcommittee on General Serv23 ices, Federalism, and the District of Columbia of the Sen24 ate Committee on Governmental Affairs, and the Council

25 of the District of Columbia, or their duly authorized rep-
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1 resentative: Provided, That none of the funds contained

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

3 any employee of the District of Columbia government

4 whose name and salary are not available for public inspec5 tion.

6 SEC. 112. There are appropriated from the applicable

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

8 necessary for making payments authorized by the District

9 of Columbia Revenue Recovery Act of 1977, effective Sep10 tember 23, 1977 (D.C. Law 2–20; D.C. Code, sec. 47–

11 421 et seq.).

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

13 for publicity or propaganda purposes or implementation

14 of any policy including boycott designed to support or de15 feat legislation pending before Congress or any State legis16 lature.

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

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

19 for capital outlay borrowings: Provided, That within a rea20 sonable time after the close of each quarter, the Mayor

21 shall report to the Council of the District of Columbia and

22 the Congress the actual borrowing and spending progress

23 compared with projections.

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

25 capital projects unless the Mayor has obtained prior ap-
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1 proval from the Council of the District of Columbia, by

2 resolution, identifying the projects and amounts to be

3 financed with such borrowings.

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

5 borrowed for capital projects for the operating expenses

6 of the District of Columbia government.

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

8 may be obligated or expended by reprogramming except

9 pursuant to advance approval of the reprogramming

10 granted according to the procedure set forth in the Joint

11 Explanatory Statement of the Committee of Conference

12 (House Report No. 96–443), which accompanied the Dis13 trict of Columbia Appropriation Act, 1980, approved Octo14 ber 30, 1979 (93 Stat. 713; Public Law 96–93), as modi15 fied in House Report No. 98–265, and in accordance with

16 the Reprogramming Policy Act of 1980, effective Septem17 ber 16, 1980 (D.C. Law 3–100; D.C. Code, sec. 47–361

18 et seq.).

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

20 Act shall be obligated or expended to provide a personal

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

22 or employee of the District of Columbia.

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

24 Act shall be obligated or expended to procure passenger

25 automobiles as defined in the Automobile Fuel Efficiency
25

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

2 Public Law 96–425; 15 U.S.C. 2001(2)), with an Environ3 mental Protection Agency estimated miles per gallon aver4 age of less than 22 miles per gallon: Provided, That this

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

6 armored vehicles.

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

8 District of Columbia Self-Government and Governmental

9 Reorganization Act of 1973, approved December 24, 1973

10 (87 Stat. 790; Public Law 93–198; D.C. Code, sec. 1–

11 242(7)), the City Administrator shall be paid, during any

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

13 not to exceed the rate established for level IV of the Exec14 utive Schedule under 5 U.S.C. 5315.

15 (b) For purposes of applying any provision of law lim16 iting the availability of funds for payment of salary or pay

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

18 the Mayor under subsection (a) of this section for any po19 sition for any period during the last quarter of calendar

20 year 1993 shall be deemed to be the rate of pay payable

21 for that position for September 30, 1993.

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

23 Columbia Redevelopment Act of 1945, approved August

24 2, 1946 (60 Stat. 793; Public Law 79–592; D.C. Code,

25 sec. 5–803(a)), the Board of Directors of the District of
26

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1 Columbia Redevelopment Land Agency shall be paid, dur2 ing any fiscal year, per diem compensation at a rate estab3 lished by the Mayor.

4 SEC. 121. Notwithstanding any other provisions of

5 law, the provisions of the District of Columbia Govern6 ment Comprehensive Merit Personnel Act of 1978, effec7 tive March 3, 1979 (D.C. Law 2–139; D.C. Code, sec. 1–

8 601.1 et seq.), enacted pursuant to section 422(3) of the

9 District of Columbia Self-Government and Governmental

10 Reorganization Act of 1973, approved December 24, 1973

11 (87 Stat. 790; Public Law 93–198; D.C. Code, sec. 1–

12 242(3)), shall apply with respect to the compensation of

13 District of Columbia employees: Provided, That for pay

14 purposes, employees of the District of Columbia govern15 ment shall not be subject to the provisions of title 5 of

16 the United States Code.

17 SEC. 122. The Director of the Department of Admin18 istrative Services may pay rentals and repair, alter, and

19 improve rented premises, without regard to the provisions

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

21 72–212; 40 U.S.C. 278a), upon a determination by the

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

23 determination, the payment of these rents and the execu24 tion of this work, without reference to the limitations of
27

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

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

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

4 first quarter of the fiscal year ending September 30, 1994,

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

6 Council of the District of Columbia the new fiscal year

7 1994 revenue estimates as of the end of the first quarter

8 of fiscal year 1994. These estimates shall be used in the

9 budget request for the fiscal year ending September 30,

10 1995. The officially revised estimates at midyear shall be

11 used for the midyear report.

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

13 Self-Government and Governmental Reorganization Act of

14 1973, approved December 24, 1973 (87 Stat. 806; Public

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

16 amended by striking ‘‘sold before October 1, 1993’’ and

17 inserting ‘‘sold before October 1, 1994’’.

18 SEC. 125. 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 Public Schools may renew or extend sole source contracts
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1 for which competition is not feasible or practical, provided

2 that the determination as to whether to invoke the com3 petitive bidding process has been made in accordance with

4 duly promulgated Board of Education rules and proce5 dures.

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

7 Emergency Deficit Control Act of 1985, approved Decem8 ber 12, 1985 (99 Stat. 1037; Public Law 99–177), as

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

10 be synonymous with and refer specifically to each account

11 appropriating Federal funds in this Act, and any seques12 tration order shall be applied to each of the accounts rath13 er than to the aggregate total of those accounts: Provided,

14 That sequestration orders shall not be applied to any ac15 count that is specifically exempted from sequestration by

16 the Balanced Budget and Emergency Deficit Control Act

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

18 Public Law 99–177), as amended.

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

20 pursuant to the Balanced Budget and Emergency Deficit

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

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

23 amounts appropriated to the District of Columbia for the

24 fiscal year involved have been paid to the District of Co25 lumbia, the Mayor of the District of Columbia shall pay
29

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1 to the Secretary of the Treasury, within 15 days after re2 ceipt of a request therefor from the Secretary of the

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

4 Provided, That the sequestration percentage specified in

5 the order shall be applied proportionately to each of the

6 Federal appropriation accounts in this Act that are not

7 specifically exempted from sequestration by the Balanced

8 Budget and Emergency Deficit Control Act of 1985, ap9 proved December 12, 1985 (99 Stat. 1037; Public Law

10 99–177), as amended.

11 SEC. 128. Sec. 133(e) of the District of Columbia Ap12 propriations Act, 1990, as amended, is amended by strik13 ing ‘‘December 31, 1993’’ and inserting ‘‘December 31,

14 1994’’.

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

16 1994, the District of Columbia shall pay interest on its

17 quarterly payments to the United States that are made

18 more than 60 days from the date of receipt of an itemized

19 statement from the Federal Bureau of Prisons of amounts

20 due for housing District of Columbia convicts in Federal

21 penitentiaries for the preceding quarter.

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

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

24 programs or functions for which a reorganization plan is

25 required but has not been approved by the Council pursu-
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1 ant to section 422(12) of the District of Columbia Self2 Government and Governmental Reorganization Act of

3 1973, approved December 24, 1973 (87 Stat. 790; Public

4 Law 93–198; D.C. Code, sec. 1–242(12)) and the Govern5 mental Reorganization Procedures Act of 1981, effective

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

7 299.1 to 1–299.7). Appropriations made by this Act for

8 such programs or functions are conditioned on the ap9 proval by the Council, prior to October 1, 1993, of the

10 required reorganization plans.

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

12 government may accept and use a gift or donation during

13 fiscal year 1994 if—

14 (1) the Mayor approves the acceptance and use

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

16 of the District of Columbia may accept and use gifts

17 without prior approval by the Mayor; and

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

19 out its authorized functions or duties.

20 (b) Each entity of the District of Columbia govern21 ment shall keep accurate and detailed records of the ac22 ceptance and use of any gift or donation under subsection

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

24 for audit and public inspection.
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1 (c) For the purposes of this section, the term ‘‘entity

2 of the District of Columbia government’’ includes an inde3 pendent agency of the District of Columbia.

4 (d) This section shall not apply to the District of Co5 lumbia Board of Education, which may, pursuant to the

6 laws and regulations of the District of Columbia, accept

7 and use gifts to the public schools without prior approval

8 by the Mayor.

9 SEC. 132. (a) Up to 50 fire fighters or members of

10 the Fire and Emergency Medical Services Department

11 who were hired before February 14, 1980, and who retire

12 on disability before the end of calendar year 1993 shall

13 be excluded from the computation of the rate of disability

14 retirement under subsection 145(a) of the District of Co15 lumbia Retirement Reform Act of 1979, as amended, ap16 proved September 30, 1983 (97 Stat. 727; D.C. Code, sec.

17 1–725(a)), for purposes of reducing the authorized Fed18 eral payment to the District of Columbia Police Officers

19 and Fire Fighters’ Retirement Fund pursuant to sub20 section 145(c) of the District of Columbia Retirement Re21 form Act of 1979.

22 (b) The Mayor, within 30 days after the enactment

23 of this Act, shall engage an enrolled actuary, to be paid

24 by the District of Columbia Retirement Board, and shall

25 comply with the requirements of section 142(d) and sec-
32

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1 tion 144(d) of the District of Columbia Retirement Re2 form Act of 1979 (Public Law 96–122, D.C. Code, secs.

3 1–722(d) and 1–724(d)).

4 SEC. 133. At the end of fiscal year 1994, the number

5 of FTE’s shall not exceed the number of FTE’s in the

6 approved fiscal year 1994 budget, less a 1 percent attri7 tion rate and the actual corresponding dollar savings.

8 SEC. 134. (a) The Mayor shall establish a program

9 to offer incentives for employees to accept early-out retire10 ment. The Mayor shall report to the Council for approval

11 of the early-out retirement program by mid-fiscal year

12 1994 with an actuarial study to show the District’s liabil13 ity for the early-out program.

14 (b) Notwithstanding any other provision of law, no

15 early-out program established pursuant to this section

16 shall be exempt from the requirements of section 142(d)

17 and section 144(d) of the District of Columbia Retirement

18 Reform Act of 1979 (Public Law 96–122, D.C. Code, secs.

19 1–722(d) and 1–724(d)).

20 SEC. 135. (a) None of the funds provided in this Act

21 or any other funds available to the District of Columbia

22 shall be used for any contract to provide goods or services

23 to or on behalf of the District of Columbia which currently

24 are provided by employees, departments, or agencies of the

25 District of Columbia until the Mayor submits to the Coun-
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1 cil and the Council approves revised contracting policies

2 and procedures.

3 (b) The revised contracting policies and procedures

4 required by subsection (a) of this section shall provide

5 that:

6 (1) A cost analysis comparing the in-house

7 costs of providing the service with the costs associ8 ated with contracting for the service shall be com9 pleted for each contract proposed pursuant to this

10 section.

11 (2) Contracting out will provide savings over

12 the duration of the contract of at least 10 percent.

13 SEC. 135. (a) None of the funds provided in this Act

14 or any other funds available to the District of Columbia

15 shall be used for any contract to provide goods or services

16 to or on behalf of the District of Columbia which currently

17 are provided by employees, departments, or agencies of the

18 District of Columbia until the Mayor submits to the Council

19 and the Council approves revised contracting policies and

20 procedures.

21 (b) The revised contracting policies and procedures re22 quired by subsection (a) of this section shall provide that—

23 (1) a cost analysis comparing the in-house costs

24 of providing the service with the costs associated with
34

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1 contracting for the service shall be completed for each

2 contract proposed pursuant to this section;

3 (2) contracting out will provide savings over the

4 duration of the contract of at least 10 percent; and

5 (3) any contractor who is awarded a contract

6 that displaces District government employees shall

7 offer comparable employment to these displaced em8 ployees at rates of wages and benefits that are com9 parable to the wages and benefits paid to District

10 government employees.

11 SEC. 136. (a) The Mayor shall not award the follow12 ing types of contracts until after the Council has approved

13 the proposed contract award as provided in this section:

14 (1) Any contract for goods or services worth

15 over $1,000,000 and any contract for any sum

16 which, when added to other contracts awarded to the

17 same contractor for the same or similar purposes

18 within a fiscal year, exceeds $1,000,000 in contracts

19 with the same contractor, except: (A) contracts

20 awarded under the ‘‘competitive sealed bidding’’ pro21 visions pursuant to section 303 of the District of Co22 lumbia Procurement Practices Act of 1985, effective

23 February 21, 1986 (D.C. Law 6–85; D.C. Code, 1–

24 1183.3); or (B) contracts to implement a Federal

25 program where Federal law governs contracting pro-
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1 cedures as a condition for the receipt of Federal as2 sistance.

3 (2) Any contract to provide goods or services,

4 to or on behalf of the District of Columbia, which

5 currently are or traditionally have been provided by

6 employees, departments, or agencies of the District

7 of Columbia.

8 (b) Prior to the award of a contract covered by this

9 section, the Mayor shall submit a proposed contract award

10 to the Council. The proposed contract award shall be

11 deemed approved 7 calendar days, excluding days of Coun12 cil recess, after the proposal has been officially introduced

13 in the Council according to its rules, unless during that

14 time, an objection to the proposed award, by at least 3

15 members of the Council, is filed in the Office of the Sec16 retary to the Council.

17 (c) If an objection to the proposed contract award

18 is filed, the proposed award shall be deemed approved 21

19 calendar days, excluding days of Council recess, after the

20 proposed award was officially introduced in the Council,

21 unless during that time, the Council adopts a resolution

22 disapproving the proposed award.

23 (d) The Council may approve or disapprove a pro24 posed contract award by resolution prior to the expiration

25 of the time periods provided in this section.
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1 (e) The approval required by this section shall be a

2 condition precedent to the existence of a District of Co3 lumbia contract described in subsection (a) of this section.

4 No contractor may undertake any work, and no District

5 officer or employee may obligate or expend funds, with re6 spect to the performance of a proposed contract prior to

7 Council approval under this section.

8 SEC. 137. No funds made available pursuant to any

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

10 any system of registration of unmarried, cohabiting cou11 ples whether they are homosexual, lesbian, or hetero12 sexual, including but not limited to registration for the

13 purpose of extending employment, health, or governmental

14 benefits to such couples on the same basis that such bene15 fits are extended to legally married couples; nor shall any

16 funds made available pursuant to any provision of this Act

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

18 188, signed by the Mayor of the District of Columbia on

19 April 15, 1992.

20 SEC. 138. None of the Federal funds provided in this

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

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

23 offices of United States Senator or United States Rep24 resentatives under section 4(d) of the District of Columbia

25 Statehood Constitutional Convention Initiatives of 1979,
37

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

2 sec. 1–113(d)).

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

4 Appropriations Act, 1994’’.

5 TITLE II

6 FISCAL YEAR 1993 SUPPLEMENTAL

7 DISTRICT OF COLUMBIA FUNDS

8 GOVERNMENTAL DIRECTION AND SUPPORT

9 (INCLUDING RESCISSION)

10 For an additional amount for ‘‘Governmental direc11 tion and support’’, $15,133,000 $15,501,000: Provided,

12 That of the funds appropriated under this heading for the

13 fiscal year ending September 30, 1993 in the District of

14 Columbia Appropriations Act, 1993, approved October 5,

15 1992 (Public Law 102–382; 106 Stat. 1423), $4,760,000

16 $7,162,000 are rescinded for a net increase of $10,373,000

17 $8,339,000.

18 The following provision under this heading for the fis19 cal year ending September 30, 1993 in the District of Co20 lumbia Appropriations Act, 1993, approved October 5,

21 1992 (Public Law 102–382; 106 Stat. 1423 is repealed:

22 ‘‘Provided further, That $10,200,000 of the revenues real23 ized from the ‘Water and Sewer Utility Payment in Lieu

24 of Taxes Act of 1992’ shall be available for the Mayor’s

25 youth and crime initiative, but shall not be obligated or
38

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1 expended until the Mayor submits to the Council a plan

2 for the allocation and use of the funds:’’.

3 ECONOMIC DEVELOPMENT AND REGULATION

4 (INCLUDING RESCISSION)

5 For an additional amount for ‘‘Economic develop6 ment and regulation’’, $1,047,000 $6,047,000: Provided,

7 That of the funds appropriated under this heading for the

8 fiscal year ending September 30, 1993 in the District of

9 Columbia Appropriations Act, 1993, approved October 5,

10 1992 (Public Law 102–382; 106 Stat. 1423),

11 $10,587,000 are rescinded for a net decrease of

12 $9,540,000 $4,540,000.

13 PUBLIC SAFETY AND JUSTICE

14 (INCLUDING RESCISSION)

15 For an additional amount for ‘‘Public safety and jus16 tice’’, $6,230,000: Provided, That of the funds appro17 priated under this heading for the fiscal year ending Sep18 tember 30, 1993 in the District of Columbia Appropria19 tions Act, 1993, approved October 5, 1992 (Public Law

20 102–382; 106 Stat. 1424), $18,921,000 $21,078,000 are

21 rescinded for a net decrease of $12,691,000 $14,848,000:

22 Provided further, That any unspent funds remaining in the

23 Personal and nonpersonal services budget of the Metro24 politan Police Department at the end of fiscal year 1993

25 shall remain available for the exclusive use of the Metro-
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1 politan Policy Department Metropolitan Police Depart2 ment for the purchase of equipment in fiscal year 1994.

3 PUBLIC EDUCATION SYSTEM

4 (INCLUDING RESCISSION)

5 For an additional amount for ‘‘Public education sys6 tem’’, $4,000,000 for the public schools of the District of

7 Columbia and $246,000, for the Education Licensure

8 Commission: Provided, That of the funds appropriated

9 under this heading for the fiscal year ending September

10 30, 1993 in the District of Columbia Appropriations Act,

11 1993, approved October 5, 1992 (Public Law 102–382;

12 106 Stat. 1426), $2,270,000 for the Public Schools of the

13 District of Columbia, $4,199,000 for the University of the

14 District of Columbia, $964,000 for the Public Library,

15 and $70,000 for the Commission on the Arts and Human16 ities are rescinded for a net decrease of $7,257,000

17 $3,257,000.

18 The following provision under this heading for the fis19 cal year ending September 30, 1993 in the District of Co20 lumbia Appropriations Act, 1993, approved October 5,

21 1992 (Public Law 102–382, 106 Stat. 1426) is repealed:

22 ‘‘of which $2,000,000 shall be derived from revenues real23 ized from the ‘Water and Sewer Utility Payment in Lieu

24 of Taxes Act of 1992’;’’.
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HR 2492 RS

1 HUMAN SUPPORT SERVICES

2 (INCLUDING RESCISSION)

3 For an additional amount for ‘‘Human support serv4 ices’’, $70,772,000 $81,772,000: Provided, That of the

5 funds appropriated under this heading for the fiscal year

6 ending September 30, 1993 in the District of Columbia

7 Appropriations Act, 1993, approved October 5, 1992

8 (Public Law 102–382; 106 Stat. 1426), $2,221,000 are

9 rescinded for a net increase of $68,551,000 $79,551,000.

10 PUBLIC WORKS

11 (RESCISSION)

12 Of the funds appropriated under this heading for the

13 fiscal year ending September 30, 1993 in the District of

14 Columbia Appropriations Act, 1993, approved October 5,

15 1992 (Public Law 102–382; 106 Stat. 1427), $3,271,000

16 are rescinded.

17 REPAYMENT OF LOANS AND INTEREST

18 For an additional amount for ‘‘Repayment of loans

19 and interest’’, $19,051,000 $11,059,000.

20 REPAYMENT OF GENERAL FUND RECOVERY DEBT

21 (RESCISSION)

22 Of the funds appropriated under this heading for the

23 fiscal year ending September 30, 1993 in the District of

24 Columbia Appropriations Act, 1993, approved October 5,
41

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1 1992 (Public Law 102–382; 106 Stat. 1427), $5,000 are

2 rescinded.

3 RESIZING

4 For the purpose of funding costs associated with the

5 Temporary Appeals Panel pursuant to D.C. Law 9–47,

6 the District of Columbia Government Merit Personnel Act

7 of 1978 Temporary Amendment Act of 1991, $225,000.

8 SEVERANCE PAY

9 For severance pay to employees who are involuntarily

10 separated from service as a result of reductions-in-force

11 or reorganizations, $10,410,000.

12 PAY ADJUSTMENT

13 For pay increases and related costs to be transferred

14 by the Mayor of the District of Columbia within the var15 ious appropriation headings in this Act from which costs

16 are properly payable, $7,880,000.

17 FACILITIES RENT/LEASES

18 The paragraph under the heading ‘‘Facilities Rent/

19 Leases’’ in the District of Columbia Appropriations Act,

20 1993, approved October 5, 1992 (Public Law 102–382;

21 106 Stat. 1428), is repealed: Provided, That the appro22 priation of $16,682,000 provided by that paragraph is dis23 tributed within the appropriation titles above.
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HR 2492 RS

1 FURLOUGH ADJUSTMENT

2 Each agency, office, and instrumentality of the Dis3 trict, except the District of Columbia Courts, shall fur4 lough each employee of the respective agency, office, or

5 instrumentality for one day in each month of the fiscal

6 year ending September 30, 1993, or a proportionate num7 ber of hours for part-time employees. The personal serv8 ices spending authority for each agency, office, and instru9 mentality subject to this section is reduced in an amount

10 equal to the savings resulting from the employee furloughs

11 required by this section, for a total reduction of

12 $36,000,000, which is distributed within the appropriation

13 titles above. The Council shall enact legislation to imple14 ment this section which may include but shall not be lim15 ited to procedures to ensure that public health and safety

16 functions are carried out.

17 WITHIN-GRADE SALARY ADJUSTMENTS

18 Notwithstanding any other provision of law, no em19 ployee of any agency, office, or instrumentality of the Dis20 trict shall receive within-grade salary increases during the

21 fiscal year ending September 30, 1993, and no time dur22 ing the fiscal year ending September 30, 1993 shall accrue

23 toward the waiting period for advancement to the follow24 ing rate within the grade. The spending authority for each

25 agency, office, and instrumentality is reduced in an
43

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1 amount equal to the savings resulting from the adjust2 ments required by this section, for a total reduction of

3 $13,000,000, which is distributed within the appropriation

4 titles above.

5 PERSONAL AND NONPERSONAL SERVICES ADJUSTMENTS

6 The paragraph under the heading ‘‘Personal and

7 Nonpersonal Services Adjustments’’, in the District of Co8 lumbia Appropriations Act, 1993, approved October 5,

9 1992 (Public Law 102–382; 106 Stat. 1428), is repealed:

10 Provided, That the reduction of $30,798,600 required by

11 that paragraph is distributed within the appropriation ti12 tles above:–Provided further, That the Mayor shall reduce

13 appropriations and expenditures for personal and

14 nonpersonal services in the amount of $29,730,000, within

15 one or several of the various appropriation headings in this

16 Act.

17 CAPITAL OUTLAY

18 For an additional amount for ‘‘Capital outlay’’,

19 $200,000, to remain available until expended.

20 WATER AND SEWER ENTERPRISE FUND

21 (INCLUDING RESCISSION)

22 For an additional amount for ‘‘Water and Sewer En23 terprise Fund’’, $12,717,000: Provided, That of the funds

24 appropriated under this heading in the District of Colum25 bia Appropriations Act, 1993, approved October 5, 1992
44

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1 (Public Law 102–382; 106 Stat. 1429), $41,482,000 are

2 rescinded for a net decrease of $28,765,000.

3 The following provision under this heading for the fis4 cal year ending September 30, 1993 in the District of Co5 lumbia Appropriations Act, 1993, approved October 5,

6 1992 (Public Law 102–382; 106 Stat. 1429) is repealed:

7 ‘‘, and $12,200,000 collected as payment in lieu of taxes

8 pursuant to the ‘Water and Sewer Utility Payment in Lieu

9 of Taxes Act of 1992’ shall be transferred to the general

10 fund to provide $10,200,000 for the Mayor’s youth and

11 crime initiative, and $2,000,000 for the University of the

12 District of Columbia’’.

13 The following provision under this heading for the fis14 cal year ending September 30, 1993 in the District of Co15 lumbia Appropriations Act, 1993, approved October 5,

16 1992 (Public Law 102–382; 106 Stat. 1430) is repealed:

17 ‘‘Provided further, That not to exceed $22,705,000 in

18 water and sewer enterprise fund operating revenues shall

19 be available for pay-as-you-go capital projects’’.

20 LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

21 (RESCISSION)

22 Of the funds appropriated under this heading for the

23 Lottery and Charitable Games Enterprise Fund for the

24 fiscal year ending September 30, 1993 in the District of

25 Columbia Appropriations Act, 1993, approved October 5,
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1 1992 (Public Law 102–382; 106 Stat. 1430), $270,000

2 are rescinded.

3 CABLE TELEVISION ENTERPRISE FUND

4 (INCLUDING RESCISSION)

5 For an additional amount for ‘‘Cable Television En6 terprise Fund’’, $35,000: Provided, That of the funds ap7 propriated under this heading for the Cable Television En8 terprise Fund for the fiscal year ending September 30,

9 1993 in the District of Columbia Appropriations Act,

10 1993, approved October 5, 1992 (Public Law 102–382;

11 106 Stat. 1430), $300,000 are rescinded and transferred

12 to the general fund for a net decrease of $265,000.

13 STARPLEX FUND

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

15 in the District of Columbia Appropriations Act, 1993, ap16 proved October 5, 1992 (Public Law 102–382; 106 Stat.

17 1430), is amended by inserting after the phrase ‘‘shall be

18 transferred to the general fund’’ the following: ‘‘and an

19 additional $200,000 shall be transferred to the University

20 of the District of Columbia’’.

21 GENERAL PROVISIONS

22 SEC. 201. Section 114 of the District of Columbia

23 Appropriations Act, 1993, approved October 5, 1992 (106

24 Stat. 1432) is repealed.
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1 SEC. 202. Section 134(a)(1) of the District of Colum2 bia Appropriations Act, 1993, approved October 5, 1992

3 (106 Stat. 1435) is amended by inserting the following

4 after the word ‘‘donation’’: ‘‘: Provided, That the Council

5 of the District of Columbia may accept and use gifts with6 out prior approval by the Mayor’’.

7 COMPLIANCE WITH BUY AMERICAN ACT

8 SEC. 203. No funds appropriated pursuant to this

9 Act may be expended by an entity unless the entity agrees

10 that in expending the assistance the entity will comply

11 with sections 2 through 4 of the Act of March 3, 1933

12 (41 U.S.C. 10a–10c, popularly known as the ‘‘Buy Amer13 ican Act’’).

14 SENSE OF CONGRESS; REQUIREMENT REGARDING

15 NOTICE

16 SEC. 204. (a) PURCHASE OF AMERICAN-MADE

17 EQUIPMENT AND PRODUCTS.—In the case of any equip18 ment or products that may be authorized to be purchased

19 with financial assistance provided under this Act, it is the

20 sense of the Congress that entities receiving such assist21 ance should, in expending the assistance, purchase only

22 American-made equipment and products.

23 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

24 providing financial assistance under this Act, the Sec25 retary of the Treasury shall provide to each recipient of
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1 the assistance a notice describing the statement made in

2 subsection (a) by the Congress.

3 PROHIBITION OF CONTRACTS

4 SEC. 205. If it has been finally determined by a court

5 or Federal agency that any person intentionally affixed a

6 fraudulent label bearing a ‘‘Made in America’’ inscription,

7 or any inscription with the same meaning, to any product

8 sold in or shipped to the United States that was not made

9 in the United States, such person shall be ineligible to re10 ceive any contract or subcontract made with funds pro11 vided pursuant to this Act, pursuant to the debarment,

12 suspension, and ineligibility procedures described in sec13 tion 9.400 through 9.409 of title 48, Code of Federal Reg14 ulations.

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

16 Supplemental Appropriations and Rescissions Act, 1993’’.

Passed the House of Representatives June 30, 1993.

Attest: DONNALD K. ANDERSON,

Clerk.

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