H. R. 2607—12
October 30, 1979 (93 Stat. 713; Public Law 96–93), as modified
in House Report No. 98–265, and in accordance with the Reprogram-
ming Policy Act of 1980, effective September 16, 1980 (D.C. Law
3–100; D.C. Code, sec. 47–361 et seq.): Provided, That for the
fiscal year ending September 30, 1998 the above shall apply except
as modified by Public Law 104–8.
SEC. 117. 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. 118. 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. 119. (a) Notwithstanding section 422(7) of the District
of Columbia Home Rule 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 estab-
lished 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 sub-
section (a) of this section for any position for any period during
the last quarter of calendar year 1997 shall be deemed to be
the rate of pay payable for that position for September 30, 1997.
(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. 120. 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 Home Rule 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, United States Code.
SEC. 121. 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), based
upon a determination by the Director that, by reason of cir-
cumstances 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. 122. No later than 30 days after the end of the first
quarter of the fiscal year ending September 30, 1998, the Mayor
H. R. 2607—13
of the District of Columbia shall submit to the Council of the
District of Columbia the new fiscal year 1998 revenue estimates
as of the end of the first quarter of fiscal year 1998. These estimates
shall be used in the budget request for the fiscal year ending
September 30, 1999. The officially revised estimates at midyear
shall be used for the midyear report.
SEC. 123. 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
government or any agency thereof 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
rules and procedures and said determination has been reviewed
and approved by the District of Columbia Financial Responsibility
and Management Assistance Authority.
SEC. 124. 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 seques-
tration orders shall not be applied to any account that is specifically
exempted from sequestration by the Balanced Budget and Emer-
gency Deficit Control Act of 1985, approved December 12, 1985
(99 Stat. 1037; Public Law 99–177), as amended.
SEC. 125. 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 seques-
tration percentage specified in the order shall be applied proportion-
ately to each of the Federal appropriation accounts in this Act
that are not specifically exempted from sequestration by the Bal-
anced Budget and Emergency Deficit Control Act of 1985, approved
December 12, 1985 (99 Stat. 1037; Public Law 99–177), as amended.
SEC. 126. (a) An entity of the District of Columbia government
may accept and use a gift or donation during fiscal year 1998
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.
H. R. 2607—14
(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 regula-
tions of the District of Columbia, accept 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 Representative 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 Finan-
cial Responsibility and Management Assistance Authority, and the
Council of the District of Columbia no later than fifteen (15) cal-
endar 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 expendi-
ture projections versus budget broken out on the basis of control
center, responsibility 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 by control center,
responsibility center, detailed object, 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
Columbia; 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 modifications, extensions, renewals;
and specific modifications made to each contract in the last
month;
(4) all reprogramming requests and reports that have been
made by the University of the District of Columbia within
the last month in compliance with applicable law; and
(5) changes made in the last month to the organizational
structure of the University of the District of Columbia, display-
ing 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 affected, and the reasons for the structural change.
SEC. 129. Funds authorized or previously appropriated 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
necessary hardware, software or any other related goods or services,
as determined by the District of Columbia Financial Responsibility
and Management Assistance Authority.
H. R. 2607—15
SEC. 130. Section 456 of the District of Columbia Home Rule
Act of 1973, approved December 24, 1973 (87 Stat. 790; Public
Law 93–198; D.C. Code, secs. 47–231 et seq.) is amended—
(1) in subsection (a)(1), by—
(A) striking ‘‘1995’’ and inserting ‘‘1998’’;
(B) striking ‘‘Mayor’’ and inserting ‘‘District of Colum-
bia Financial Responsibility and Management Assistance
Authority’’; and
(C) striking ‘‘Committee on the District of Columbia’’
and inserting ‘‘Committee on Government Reform and
Oversight’’;
(2) in subsection (b)(1), by—
(A) striking ‘‘1997’’ and inserting ‘‘1999’’;
(B) striking ‘‘Mayor’’ and inserting ‘‘Authority’’; and
(C) striking ‘‘Committee on the District of Columbia’’
and inserting ‘‘Committee on Government Reform and
Oversight’’;
(3) in subsection (b)(3), by striking ‘‘Committee on the
District of Columbia’’ and inserting ‘‘Committee on Government
Reform and Oversight’’;
(4) in subsection (c)(1), by—
(A) striking ‘‘1995’’ and inserting ‘‘1997’’;
(B) striking ‘‘Mayor’’ and inserting ‘‘Chief Financial
Officer’’; and
(C) striking ‘‘Committee on the District of Columbia’’
and inserting ‘‘Committee on Government Reform and
Oversight’’;
(5) in subsection (c)(2)(A), by—
(A) striking ‘‘1997’’ and inserting ‘‘1999’’;
(B) striking ‘‘Mayor’’ and inserting ‘‘Chief Financial
Officer’’; and
(C) striking ‘‘Committee on the District of Columbia’’
and inserting ‘‘Committee on Government Reform and
Oversight’’;
(6) in subsection (c)(2)(B), by striking ‘‘Committee on the
District of Columbia’’ and inserting ‘‘Committee on Government
Reform and Oversight’’; and
(7) in subsection (d)(1), by—
(A) striking ‘‘1994’’ and inserting ‘‘1997’’;
(B) striking ‘‘Mayor’’ and inserting ‘‘Chief Financial
Officer’’; and
(C) striking ‘‘Committee on the District of Columbia’’
and inserting ‘‘Committee on Government Reform and
Oversight’’.
SEC. 131. For purposes of the appointment of the head of
a department of the government of the District of Columbia under
section 11105(a) of the National Capital Revitalization and Self-
Improvement Act of 1997, Public Law 105–33, the following rules
shall apply:
(1) After the Mayor notifies the Council under paragraph
(1)(A)(ii) of such section of the nomination of an individual
for appointment, the Council shall meet to determine whether
to confirm or reject the nomination.
(2) If the Council fails to confirm or reject the nomination
during the 7-day period described in paragraph (1)(A)(iii) of
such section, the Council shall be deemed to have confirmed
the nomination.
H. R. 2607—16
(3) For purposes of paragraph (1)(B) of such section, if
the Council does not confirm a nomination (or is not deemed
to have confirmed a nomination) during the 30-day period
described in such paragraph, the Mayor shall be deemed to
have failed to nominate an individual during such period to
fill the vacancy in the position of the head of the department.
SEC. 132. 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. 133. 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, cohabiting couples (whether homosexual, hetero-
sexual, or lesbian), including but not limited to registration for
the purpose of extending employment, health, or governmental
benefits to such couples on the same basis as such benefits are
extended to legally married couples.
SEC. 134. The Emergency Transitional Education Board of
Trustees shall submit to the Congress, the Mayor, the District
of Columbia Financial Responsibility and Management Assistance
Authority, and the Council of the District of Columbia no later
than fifteen (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 expendi-
ture projections versus budget broken out on the basis of control
center, responsibility 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 object, 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 report-
ing 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 modifications, extensions, renewals;
and specific modifications 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 organizational
structure of the D.C. Public Schools, 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 affected, and the
reasons for the structural change.
SEC. 135. (a) IN
GENERAL.—The Emergency Transitional
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
H. R. 2607—17
the public school system and the university, respectively. The
annual report shall set forth—
(1) the number of validated schedule A positions in the
District of Columbia public schools and the University of the
District of Columbia for fiscal year 1997, fiscal year 1998,
and thereafter on a full-time equivalent basis, including a com-
pilation of all positions by control center, responsibility center,
funding source, position type, position title, pay plan, grade,
and annual salary; and
(2) a compilation of all employees in the District of
Columbia public schools and the University of the District
of Columbia as of the preceding December 31, verified as to
its accuracy in accordance with the functions that each
employee actually performs, by control center, responsibility
center, agency 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. 136. (a) No later than October 1, 1997, or within 15
calendar days after the date of the enactment of the District of
Columbia Appropriations Act, 1998, whichever 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 Consensus Commission, and
the District of Columbia Financial Responsibility and Management
Assistance Authority, a revised appropriated funds operating budget
for the public school system and the University of the District
of Columbia 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, respectively,
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
Transitional Education Board of Trustees 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 District 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. 137. The Emergency Transitional Education Board of
Trustees, the Board of Trustees of the University 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 before 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 section 442 of the
District of Columbia Home Rule Act, Public Law 93–198, as amend-
ed (D.C. Code, sec. 47–301), or before submitting their respective
budgets directly to the Council.
SEC. 138. (a) CEILING ON TOTAL OPERATING EXPENSES.—
H. R. 2607—18
(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 1998 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) $4,811,906,000 (of which $118,269,000 shall be from
intra-District funds), which amount may be increased by
the following:
(i) proceeds of one-time transactions, which are
expended for emergency or unanticipated operating or
capital needs approved by the District of Columbia
Financial Responsibility and Management Assistance
Authority; and
(ii) additional expenditures which the Chief Finan-
cial 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 which are approved by the District of Colum-
bia Financial Responsibility and Management Assist-
ance Authority.
(C) to the extent that the sum of the total revenues
of the District of Columbia for such fiscal year exceed
the total amount provided for in subparagraph (B) above,
the Chief Financial Officer of the District of Columbia,
with the approval of the District of Columbia Financial
Responsibility and Management Assistance Authority, may
credit up to ten percent (10%) of the amount of such dif-
ference, not to exceed $3,300,000, to a reserve fund which
may be expended for operating purposes in future fiscal
years, in accordance with the financial plans and budgets
for such years.
(2) ENFORCEMENT.—The Chief Financial Officer of the Dis-
trict of Columbia and the District of Columbia Financial
Responsibility and Management Assistance Authority (here-
after in this section referred to as ‘‘Authority’’) shall take such
steps as are necessary to assure that the District of Columbia
meets the requirements of this section, including the apportion-
ing by the Chief Financial Officer of the appropriations and
funds made available to the District during fiscal year 1998,
except that the Chief Financial Officer may not reprogram
for operating expenses any funds derived from bonds, notes,
or other obligations issued for capital projects.
(b) ACCEPTANCE
AND
USE
OF
GRANTS
NOT
INCLUDED
IN
CEILING.—
(1) IN
GENERAL.—Notwithstanding subsection (a), the
Mayor in consultation with the Chief Financial Officer of the
District of Columbia during a control year, as defined in section
305(4) of Public Law 104–8, as amended, 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 OFFICER REPORT AND
FINANCIAL
RESPONSIBILITY
AND
MANAGEMENT
ASSISTANCE
AUTHORITY APPROVAL.—No such Federal, private, or other grant
H. R. 2607—19
may be accepted, obligated, or expended pursuant to paragraph
(1) until—
(A) the Chief Financial Officer of the District submits
to the Authority a report setting forth detailed information
regarding such grant; and
(B) the Authority has reviewed and approved the
acceptance, obligation, and expenditure 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 ANTICIPATION OF APPROVAL
OR RECEIPT.—No amount may be obligated or expended from
the general fund or other funds of the District government
in anticipation of the approval or receipt of a grant under
paragraph (2)(B) or in anticipation of the approval or receipt
of a Federal, private, or other grant not subject to such para-
graph.
(4) MONTHLY REPORTS.—The Chief Financial Officer of the
District of Columbia shall prepare a monthly report setting
forth detailed information regarding all Federal, private, and
other grants subject 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 Represent-
atives and the Senate, not later than 15 days after the end
of the month covered by the report.
(c) REPORT ON EXPENDITURES BY FINANCIAL RESPONSIBILITY
AND MANAGEMENT ASSISTANCE AUTHORITY.—Not later than 20 cal-
endar days after the end of each fiscal quarter starting October
1, 1997, the District of Columbia Financial Responsibility and
Management Assistance Authority shall submit a report to the
Committees on Appropriations of the House of Representatives and
the Senate, the Committee on Government Reform and Oversight
of the House, and the Committee on Governmental Affairs of the
Senate providing an itemized accounting of all non-appropriated
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 description of the services or goods provided
with respect to the expenditures of such funds.
SEC. 139. The District of Columbia Emergency Transitional
Education Board of Trustees shall, subject to the contract approval
provisions of Public Law 104–8—
(A) develop a comprehensive plan to identify and
accomplish energy conservation measures to achieve maximum
cost-effective energy and water savings;
(B) enter into innovative financing and contractual mecha-
nisms including, but not limited to, utility demand-side manage-
ment programs and energy savings performance contracts and
water conservation performance contracts: Provided, That the
terms of such contracts do not exceed 25 years; and
(C) 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.
SEC. 140. If a department or agency of the government of
the District of Columbia is under the administration of a court-
appointed receiver or other court-appointed official during fiscal
H. R. 2607—20
year 1998 or any succeeding fiscal year, the receiver or official
shall prepare and submit to the Mayor, for inclusion in the annual
budget of the District of Columbia for the year, annual estimates
of the expenditures and appropriations necessary for the mainte-
nance and operation of the department or agency. All such estimates
shall be forwarded by the Mayor to the Council, for its action
pursuant to sections 446 and 603(c) of the District of Columbia
Home Rule Act, without revision but subject to the Mayor’s rec-
ommendations. Notwithstanding any provision of the District of
Columbia Home Rule Act, the Council may comment or make
recommendations concerning such annual estimates but shall have
no authority under such Act to revise such estimates.
SEC. 141. In addition to amounts appropriated or otherwise
made available, $12,000,000 is hereby appropriated to the National
Park Service and shall be available only for the United States
Park Police operations in the District of Columbia.
SEC. 142. The District government shall maintain for fiscal
year 1998 the same funding levels as provided in fiscal year 1997
for homeless services in the District of Columbia.
SEC. 143. The District of Columbia Financial Responsibility
and Management Assistance Authority and the Chief Executive
Officer of the District of Columbia public schools are hereby directed
to report to the Appropriations Committees of the Senate and
the House of Representatives, the Senate Committee on Govern-
mental Affairs and the Committee on Government Reform and
Oversight of the House of Representatives not later than April
1, 1998, on all measures necessary and steps to be taken to ensure
that the District’s public schools open on time to begin the 1998–
1999 academic year.
SEC. 144. There are appropriated from applicable funds of
the District of Columbia such sums as may be necessary to hire
12 additional inspectors for the Alcoholic Beverage Commission.
Of the additional inspectors, 6 shall focus their responsibilities
on the enforcement of laws relating to the sale of alcohol to minors.
SEC. 145. (a) Not later than 6 months after the date of enact-
ment of this Act, the General Accounting Office shall conduct and
submit to Congress a study of—
(1) the District of Columbia’s alcoholic beverage tax
structure and its relation to surrounding jurisdictions;
(2) the effects of the District of Columbia’s lower excise
taxes on alcoholic beverages on consumption of alcoholic
beverages in the District of Columbia;
(3) ways in which the District of Columbia’s tax structure
can be revised to bring it into conformity with the higher
levels in surrounding jurisdictions; and
(4) ways in which those increased revenues can be used
to lower consumption and promote abstention from alcohol
among young people.
(b) The study should consider whether—
(1) alcohol is being sold in proximity to schools and other
areas where children are likely to be; and
(2) creation of alcohol-free zones in areas frequented by
children would be useful in deterring underage alcohol
consumption.
SEC. 146. (a) Of the amounts appropriated in this Act to the
District of Columbia, funds may be expended to—