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and use gifts to the public schools without prior approval
by the Mayor.
SEC. 127. 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 Rep-
resentative under section 4(d) of the District of Columbia
Statehood Constitutional Convention Initiatives of 1979,
effective March 10, 1981 (D.C. Law 3–171; D.C. Code,
sec. 1–113(d)).
SEC. 128. The University of the District of Columbia
shall submit to the Congress, the Mayor, the District of
Columbia Financial Responsibility and Management As-
sistance Authority, and the Council of the District of Co-
lumbia no later than 15 calendar days after the end of
each month a report that sets forth—
(1) current month expenditures and obligations,
year-to-date expenditures and obligations, and total
fiscal year expenditure projections versus budget
broken out on the basis of control center, respon-
sibility center, and object class, and for all funds,
non-appropriated funds, and capital financing;
(2) a list of each account for which spending is
frozen and the amount of funds frozen, broken out
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by control center, responsibility center, detailed ob-
ject, and for all funding sources;
(3) a list of all active contracts in excess of
$10,000 annually, which contains the name of each
contractor; the budget to which the contract is
charged, broken out on the basis of control center
and responsibility center, and contract identifying
codes used by the University of the District of Co-
lumbia; payments made in the last month and year-
to-date, the total amount of the contract and total
payments made for the contract and any modifica-
tions, extensions, renewals; and specific modifica-
tions made to each contract in the last month;
(4) all reprogramming requests and reports
that have been made by the University of the Dis-
trict of Columbia within the last month in compli-
ance with applicable law; and
(5) changes made in the last month to the orga-
nizational structure of the University of the District
of Columbia, displaying previous and current control
centers and responsibility centers, the names of the
organizational entities that have been changed, the
name of the staff member supervising each entity af-
fected, and the reasons for the structural change.
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SEC. 129. Funds authorized or previously appro-
priated to the government of the District of Columbia by
this or any other Act to procure the necessary hardware
and installation of new software, conversion, testing, and
training to improve or replace its financial management
system are also available for the acquisition of accounting
and financial management services and the leasing of nec-
essary hardware, software or any other related goods or
services, as determined by the District of Columbia Finan-
cial Responsibility and Management Assistance Authority.
SEC. 130. (a) None of the funds contained in this
Act may be made available to pay the fees of an attorney
who represents a party who prevails in an action brought
against the District of Columbia Public Schools under the
Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.) if—
(1) the hourly rate of compensation of the at-
torney exceeds the hourly rate of compensation
under section 11–2604(a), District of Columbia
Code; or
(2) the maximum amount of compensation of
the attorney exceeds the maximum amount of com-
pensation under section 11–2604(b)(1), District of
Columbia Code, except that compensation and reim-
bursement in excess of such maximum may be ap-
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proved for extended or complex representation in ac-
cordance with section 11–2604(c), District of Co-
lumbia Code.
(b) None of the funds contained in this Act may be
made available to pay the fees of an attorney who rep-
resents a party who prevails in an administrative proceed-
ing under the Individuals with Disabilities Education Act
(20 U.S.C. 1400 et seq.).
SEC. 131. None of the funds appropriated under this
Act shall be expended for any abortion except where the
life of the mother would be endangered if the fetus were
carried to term or where the pregnancy is the result of
an act of rape or incest.
SEC. 132. None of the funds made available in this
Act may be used to implement or enforce the Health Care
Benefits Expansion Act of 1992 (D.C. Law 9–114; D.C.
Code, sec. 36–1401 et seq.) or to otherwise implement or
enforce any system of registration of unmarried, cohabit-
ing couples (whether homosexual, heterosexual, or les-
bian), including but not limited to registration for the pur-
pose of extending employment, health, or governmental
benefits to such couples on the same basis that such bene-
fits are extended to legally married couples.
SEC. 133. The Emergency Transitional Education
Board of Trustees shall submit to the Congress, the
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Mayor, the District of Columbia Financial Responsibility
and Management Assistance Authority, and the Council
of the District of Columbia no later than 15 calendar days
after the end of each month a report that sets forth—
(1) current month expenditures and obligations,
year-to-date expenditures and obligations, and total
fiscal year expenditure projections versus budget
broken out on the basis of control center, respon-
sibility center, agency reporting code, and object
class, and for all funds, including capital financing;
(2) a list of each account for which spending is
frozen and the amount of funds frozen, broken out
by control center, responsibility center, detailed ob-
ject, and agency reporting code, and for all funding
sources;
(3) a list of all active contracts in excess of
$10,000 annually, which contains the name of each
contractor; the budget to which the contract is
charged broken, out on the basis of control center,
responsibility center, and agency reporting code; and
contract identifying codes used by the D.C. Public
Schools; payments made in the last month and year-
to-date, the total amount of the contract and total
payments made for the contract and any modifica-
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tions, extensions, renewals; and specific modifica-
tions made to each contract in the last month;
(4) all reprogramming requests and reports
that are required to be, and have been, submitted to
the Board of Education; and
(5) changes made in the last month to the orga-
nizational structure of the D.C. Public Schools, dis-
playing previous and current control centers and re-
sponsibility centers, the names of the organizational
entities that have been changed, the name of the
staff member supervising each entity affected, and
the reasons for the structural change.
SEC. 134. (a) IN GENERAL.—The Emergency Tran-
sitional Education Board of Trustees of the District of
Columbia and the University of the District of Columbia
shall annually compile an accurate and verifiable report
on the positions and employees in the public school system
and the university, respectively. The annual report shall
set forth—
(1) the number of validated schedule A posi-
tions in the District of Columbia public schools and
the University of the District of Columbia for fiscal
year 1998, fiscal year 1999, and thereafter on full-
time equivalent basis, including a compilation of all
positions by control center, responsibility center,
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funding source, position type, position title, pay
plan, grade, and annual salary; and
(2) a compilation of all employees in the Dis-
trict of Columbia public schools and the University
of the District of Columbia as of the preceding De-
cember 31, verified as to its accuracy in accordance
with the functions that each employee actually per-
forms, by control center, responsibility center, agen-
cy reporting code, program (including funding
source), activity, location for accounting purposes,
job title, grade and classification, annual salary, and
position control number.
(b) SUBMISSION.—The annual report required by
subsection (a) of this section shall be submitted to the
Congress, the Mayor, the District of Columbia Council,
the Consensus Commission, and the Authority, not later
than February 15 of each year.
SEC. 135. (a) No later than October 1, 1998, or with-
in 15 calendar days after the date of the enactment of
this Act, which ever occurs later, and each succeeding
year, the Emergency Transitional Education Board of
Trustees and the University of the District of Columbia
shall submit to the appropriate congressional committees,
the Mayor, the District of Columbia Council, the Consen-
sus Commission, and the District of Columbia Financial
•HR 4380 EH1S
Responsibility and Management Assistance Authority, a
revised appropriated funds operating budget for the public
school system and the University of the District of Colum-
bia for such fiscal year that is in the total amount of the
approved appropriation and that realigns budgeted data
for personal services and other-than-personal services, re-
spectively, with anticipated actual expenditures.
(b) The revised budget required by subsection (a) of
this section shall be submitted in the format of the budget
that the Emergency Transition Education Board of Trust-
ees and the University of the District of Columbia submit
to the Mayor of the District of Columbia for inclusion in
the Mayor’s budget submission to the Council of the Dis-
trict of Columbia pursuant to section 442 of the District
of Columbia Home Rule Act, Public Law 93–198, as
amended (D.C. Code, sec. 47–301).
SEC. 136. The Emergency Transitional Education
Board of Trustees, the Board of Trustees of the Univer-
sity of the District of Columbia, the Board of Library
Trustees, and the Board of Governors of the University
of the District of Columbia School of Law shall vote on
and approve their respective annual or revised budgets be-
fore submission to the Mayor of the District of Columbia
for inclusion in the Mayor’s budget submission to the
Council of the District of Columbia in accordance with sec-
•HR 4380 EH1S
tion 442 of the District of Columbia Home Rule Act, Pub-
lic Law 93–198, as amended (D.C. Code, sec. 47–301),
or before submitting their respective budgets directly to
the Council.
SEC. 137. (a) CEILING ON TOTAL OPERATING EX-
PENSES.—
(1) IN GENERAL.—Notwithstanding any other
provision of law, the total amount appropriated in
this Act for operating expenses for the District of
Columbia for fiscal year 1999 under the caption
‘‘Division of Expenses’’ shall not exceed the lesser
of—
(A) the sum of the total revenues of the
District of Columbia for such fiscal year; or
(B) 
$5,216,689,000 
(of 
which
$132,912,000 shall be from intra-District funds
and $2,865,763,000 shall be from local funds),
which amount may be increased by the follow-
ing:
(i) proceeds of one-time transactions,
which are expended for emergency or un-
anticipated operating or capital needs ap-
proved by the District of Columbia Finan-
cial Responsibility and Management As-
sistance Authority; or
•HR 4380 EH1S
(ii) after notification to the Council,
additional expenditures which the Chief Fi-
nancial Officer of the District of Columbia
certifies will produce additional revenues
during such fiscal year at least equal to
200 percent of such additional expendi-
tures, and that are approved by the Au-
thority.
(2) RESERVE FUND.—To the extent that the
sum of the total revenues of the District of Colum-
bia for such fiscal year exceed the total amount pro-
vided for in paragraph (2)(B), the Chief Financial
Officer of the District of Columbia, with the ap-
proval of the Authority, may credit up to 10 percent
of the amount of such difference, not to exceed
$3,300,000, to a reserve fund which may be ex-
pended for operating purposes in future fiscal years,
in accordance with the financial plans and budgets
for such years.
(3) ENFORCEMENT.—The Chief Financial Offi-
cer of the District of Columbia and the Authority
shall take such steps as are necessary to assure that
the District of Columbia meets the requirements of
this section, including the apportioning by the Chief
Financial Officer of the appropriations and funds
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made available to the District during fiscal year
1999, except that the Chief Financial Officer may
not reprogram for operating expenses any funds de-
rived from bonds, notes, or other obligations issued
for capital projects.
(b) ACCEPTANCE AND USE OF GRANTS NOT IN-
CLUDED IN CEILING.—
(1) IN GENERAL.—Notwithstanding subsection
(a), the Mayor, in consultation with the Chief Finan-
cial Officer, during a control year, as defined in sec-
tion 305(4) of the District of Columbia Financial
Responsibility and Management Assistance Act of
1995, approved April 17, 1995 (Public Law 104–8;
109 Stat. 152), may accept, obligate, and expend
Federal, private, and other grants received by the
District government that are not reflected in the
amounts appropriated in this Act.
(2) REQUIREMENT OF CHIEF FINANCIAL OFFI-
CER REPORT AND AUTHORITY APPROVAL.—No such
Federal, private, or other grant may be accepted, ob-
ligated, or expended pursuant to paragraph (1)
until—
(A) the Chief Financial Officer of the Dis-
trict of Columbia submits to the Authority a re-
•HR 4380 EH1S
port setting forth detailed information regard-
ing such grant; and
(B) the Authority has reviewed and ap-
proved the acceptance, obligation, and expendi-
ture of such grant in accordance with review
and approval procedures consistent with the
provisions of the District of Columbia Financial
Responsibility and Management Assistance Act
of 1995.
(3) PROHIBITION ON SPENDING IN ANTICIPA-
TION OF APPROVAL OR RECEIPT.—No amount may
be obligated or expended from the general fund or
other funds of the District government in anticipa-
tion of the approval or receipt of a grant under
paragraph (2)(B) of this subsection or in anticipa-
tion of the approval or receipt of a Federal, private,
or other grant not subject to such paragraph.
(4) MONTHLY REPORTS.—The Chief Financial
Officer of the District of Columbia shall prepare a
monthly report setting forth detailed information re-
garding all Federal, private, and other grants sub-
ject to this subsection. Each such report shall be
submitted to the Council of the District of Columbia,
and to the Committees on Appropriations of the
House of Representatives and the Senate, not later
•HR 4380 EH1S
than 15 days after the end of the month covered by
the report.
(c) REPORT ON EXPENDITURES BY FINANCIAL RE-
SPONSIBILITY AND MANAGEMENT ASSISTANCE AUTHOR-
ITY.—Not later than 20 calendar days after the end of
each fiscal quarter starting October 1, 1998, the Authority
shall submit a report to the Committees on Appropriations
of the House of Representatives and the Senate, the Com-
mittee on Government Reform and Oversight of the
House, and the Committee on Governmental Affairs of the
Senate providing an itemized accounting of all non-appro-
priated funds obligated or expended by the Authority for
the quarter. The report shall include information on the
date, amount, purpose, and vendor name, and a descrip-
tion of the services or goods provided with respect to the
expenditures of such funds.
(d) APPLICATION
OF EXCESS REVENUES.—Local
revenues collected in excess of amounts required to sup-
port appropriations in this Act for operating expenses for
the District of Columbia for fiscal year 1999 under the
caption ‘‘Division of Expenses’’ shall be applied first to
the elimination of the general fund accumulated deficit;
second to a reserve account not to exceed $250,000,000
to be used to finance seasonal cash needs (in lieu of short
term borrowings); third to accelerate repayment of cash
•HR 4380 EH1S
borrowed from the Water and Sewer Fund; and fourth to
reduce the outstanding long-term debt.
SEC. 138. The District of Columbia Emergency
Transitional Education Board of Trustees shall, subject
to the contract approval provisions of the District of Co-
lumbia Financial Responsibility and Management Assist-
ance Act of 1995 (Public Law 104–8)—
(1) develop a comprehensive plan to identify
and accomplish energy conservation measures to
achieve maximum cost-effective energy and water
savings;
(2) enter into innovate financing and contrac-
tual mechanisms including, but not limited to, utility
demand-side management programs, and energy sav-
ings performance contracts and water conservation
performance contracts so long as the terms of such
contracts do not exceed 25 years; and
(3) permit and encourage each department or
agency and other instrumentality of the District of
Columbia to participate in programs conducted by
any gas, electric or water utility of the management
of electricity or gas demand or for energy or water
conservation.
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SEC. 139. (a) Notwithstanding any other provision
of law, rule, or regulation, an employee of the District of
Columbia public schools shall be—
(1) classified as an Educational Service em-
ployee;
(2) placed under the personnel authority of the
Board of Education; and
(3) subject to all Board of Education rules.
(b) School-based personnel shall constitute a separate
competitive area from nonschool-based personnel who shall
not compete with school-based personnel for retention pur-
poses.
SEC. 140. (a) RESTRICTIONS ON USE OF OFFICIAL
VEHICLES.—(1) None of the funds made available by this
Act or by any other Act may be used to provide any officer
or employee of the District of Columbia with an official
vehicle unless the officer or employee uses the vehicle only
in the performance of the officer’s or employee’s official
duties. For purposes of this paragraph, the term ‘‘official
duties’’ does not include travel between the officer’s or em-
ployee’s residence and workplace (except in the case of a
police officer who resides in the District of Columbia).
(2) The Chief Financial Officer of the District of Co-
lumbia shall submit, by November 15, 1998, an inventory,
as of September 30, 1998, of all vehicles owned, leased
•HR 4380 EH1S
or operated by the District of Columbia government. The
inventory shall include, but not be limited to, the depart-
ment to which the vehicle is assigned; the year and make
of the vehicle; the acquisition date and cost; the general
condition of the vehicle; annual operating and mainte-
nance costs; current mileage; and whether the vehicle is
allowed to be taken home by a District officer or employee
and if so, the officer or employee’s title and resident loca-
tion.
(b) SOURCE
OF PAYMENT
FOR EMPLOYEES DE-
TAILED WITHIN GOVERNMENT.—For purposes of deter-
mining the amount of funds expended by any entity within
the District of Columbia government during fiscal year
1999 and each succeeding fiscal year, any expenditures
of the District government attributable to any officer or
employee of the District government who provides services
which are within the authority and jurisdiction of the en-
tity (including any portion of the compensation paid to
the officer or employee attributable to the time spent in
providing such services) shall be treated as expenditures
made from the entity’s budget, without regard to whether
the officer or employee is assigned to the entity or other-
wise treated as an officer or employee of the entity.
SEC. 141. (a) COMPLIANCE WITH BUY AMERICAN
ACT.—None of the funds made available in this Act may
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be expended by an entity unless the entity agrees that in
expending the funds the entity will comply with the Buy
American Act (41 U.S.C. 10a–10c).
(b) SENSE OF THE CONGRESS; REQUIREMENT RE-
GARDING NOTICE.—
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—In the case of any equipment or
product that may be authorized to be purchased
with financial assistance provided using funds made
available in this Act, it is the sense of the Congress
that entities receiving the assistance should, in ex-
pending the assistance, purchase only American-
made equipment and products to the greatest extent
practicable.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—
In providing financial assistance using funds made
available in this Act, the head of each agency of the
Federal or District of Columbia government shall
provide to each recipient of the assistance a notice
describing the statement made in paragraph (1) by
the Congress.
(c) PROHIBITION
OF CONTRACTS WITH PERSONS
FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bear-
•HR 4380 EH1S
ing a ‘‘Made in America’’ inscription, or any inscription
with the same meaning, to any product sold in or shipped
to the United States that is not made in the United
States, the person shall be ineligible to receive any con-
tract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineli-
gibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
SEC. 142. Notwithstanding any provision of any fed-
erally granted charter or any other provision of law, the
real property of the National Education Association lo-
cated in the District of Columbia shall be subject to tax-
ation by the District of Columbia in the same manner as
any similar organization.
SEC. 143. None of the funds contained in this or any
other Act may be used to pay the salary or expenses of
any officer or employee of any department or agency of
the District of Columbia government or of any entity with-
in the District of Columbia government who fails to pro-
vide information requested by the Chief Financial Officer
of the District of Columbia.
SEC. 144. None of the funds contained in this Act
may be used for purposes of the annual independent audit
of the District of Columbia government (including the Dis-
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(11) NO OFFICERS OR EMPLOYEES.—The mem-
bers of the Board shall not, by reason of such mem-
bership, be considered to be officers or employees of
the United States Government or of the District of
Columbia Government.
(12) STIPENDS.—The members of the Board,
while attending meetings of the Board or while en-
gaged in duties related to such meetings or other ac-
tivities of the Board pursuant to this title, shall be
provided a stipend. Such stipend shall be at the rate
of $150 per day for which the member of the Board
is officially recorded as having worked, except that
no member may be paid a total stipend amount in
any calendar year in excess of $5,000.
(c) OFFICERS AND STAFF.—
(1) EXECUTIVE
DIRECTOR.—The Corporation
shall have an Executive Director, and such other
staff, as may be appointed by the Board for terms
and at rates of compensation, not to exceed level
EG–16 of the Educational Service of the District of
Columbia, to be fixed by the Board.
(2) STAFF.—With the approval of the Board,
the Executive Director may appoint and fix the sal-
ary of such additional personnel as the Executive
Director considers appropriate.
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(3) ANNUAL RATE.—No staff of the Corpora-
tion may be compensated by the Corporation at an
annual rate of pay greater than the annual rate of
pay of the Executive Director.
(4) SERVICE.—All officers and employees of the
Corporation shall serve at the pleasure of the Board.
(5) QUALIFICATION.—No political test or quali-
fication may be used in selecting, appointing, pro-
moting, or taking other personnel actions with re-
spect to officers, agents, or employees of the Cor-
poration.
(d) POWERS OF THE CORPORATION.—
(1) GENERALLY.—The Corporation is author-
ized to obtain grants from, and make contracts with,
individuals and with private, State, and Federal
agencies, organizations, and institutions.
(2) HIRING AUTHORITY.—The Corporation may
hire, or accept the voluntary services of, consultants,
experts, advisory boards, and panels to aid the Cor-
poration in carrying out this title.
(e) FINANCIAL MANAGEMENT AND RECORDS.—
(1) AUDITS.—The financial statements of the
Corporation shall be—