Union Calendar No. 84
103D CONGRESS
1ST SESSION
H. R. 2492
[Report No. 103–152]
A BILL
Making appropriations for the government of the
District of Columbia and other activities charge-
able in whole or in part against the revenues of
said District for the fiscal year ending September
30, 1994, and for other purposes.
JUNE 23, 1993
Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
IB
Union Calendar No. 84
103D CONGRESS
1ST SESSION H. R. 2492
[Report No. 103–152]
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.
IN THE HOUSE OF REPRESENTATIVES
JUNE 23, 1993
Mr. DIXON, from the Committee on Appropriations, reported the following bill;
which was committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
A BILL
Making appropriations for the government of the District
of Columbia and other activities chargeable in whole
or in part against the revenues of said District for the
fiscal year ending September 30, 1994, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
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District of Columbia for the fiscal year ending September
30, 1994, and for other purposes, namely:
TITLE I
FISCAL YEAR 1994 APPROPRIATIONS
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA
For payment to the District of Columbia for the fiscal
year ending September 30, 1994, $630,603,000, as au-
thorized by section 502(a) of the District of Columbia
Self-Government and Governmental Reorganization Act,
Public Law 93–198, as amended (D.C. Code, sec. 47–
3406.1).
FEDERAL CONTRIBUTION TO RETIREMENT FUNDS
For the Federal contribution to the Police Officers
and Fire Fighters’, Teachers’, and Judges’ Retirement
Funds, as authorized by the District of Columbia Retire-
ment Reform Act, approved November 17, 1979 (93 Stat.
866; Public Law 96–122), $52,070,000, of which
$2,000,000 shall not be available for obligation until Sep-
tember 30, 1994 and shall not be expended prior to Octo-
ber 1, 1994.
FEDERAL CONTRIBUTION FOR CRIME AND YOUTH
INITIATIVES
For a Federal contribution for crime and youth ini-
tiatives in the District of Columbia, $17,327,000.
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DIVISION OF EXPENSES
The following amounts are appropriated for the Dis-
trict of Columbia for the current fiscal year out of the
general fund of the District of Columbia, except as other-
wise specifically provided.
GOVERNMENTAL DIRECTION AND SUPPORT
Governmental direction and support, $118,543,000:
Provided, That not to exceed $2,500 for the Mayor,
$2,500 for the Chairman of the Council of the District
of Columbia, and $2,500 for the City Administrator shall
be available from this appropriation for expenditures for
official purposes: Provided further, That any program fees
collected from the issuance of debt shall be available for
the payment of expenses of the debt management program
of the District of Columbia: Provided further, That not-
withstanding any other provision of law, there is hereby
appropriated from the earnings of the applicable retire-
ment funds $10,801,000 to pay legal, management, in-
vestment, and other fees and administrative expenses of
the District of Columbia Retirement Board: Provided fur-
ther, That the District of Columbia Retirement Board
shall provide to the Congress and to the Council of the
District of Columbia a quarterly report of the allocations
of charges by fund and of expenditures of all funds: Pro-
vided further, That the District of Columbia Retirement
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Board shall provide the Mayor, for transmittal to the
Council of the District of Columbia, an item accounting
of the planned use of appropriated funds in time for each
annual budget submission and the actual use of such
funds in time for each annual audited financial report:
Provided further, That no revenues from Federal sources
shall be used to support the operations or activities of the
Statehood Commission and Statehood Compact Commis-
sion.
ECONOMIC DEVELOPMENT AND REGULATION
Economic development and regulation, $85,348,000:
Provided, That the District of Columbia Housing Finance
Agency, established by section 201 of the District of Co-
lumbia Housing Finance Agency Act, effective March 3,
1979 (D.C. Law 2–135; D.C. Code, sec. 45–2111), based
upon its capability of repayments as determined each year
by the Council of the District of Columbia from the Hous-
ing Finance Agency’s annual audited financial statements
to the Council of the District of Columbia, shall repay to
the general fund an amount equal to the appropriated ad-
ministrative costs plus interest at a rate of four percent
per annum for a term of 15 years, with a deferral of pay-
ments for the first three years: Provided further, That not-
withstanding the foregoing provision, the obligation to
repay all or part of the amounts due shall be subject to
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the rights of the owners of any bonds or notes issued by
the Housing Finance Agency and shall be repaid to the
District of Columbia government only from available oper-
ating revenues of the Housing Finance Agency that are
in excess of the amounts required for debt service, reserve
funds, and operating expenses: Provided further, That
upon commencement of the debt service payments, such
payments shall be deposited into the general fund of the
District of Columbia.
PUBLIC SAFETY AND JUSTICE
Public safety and justice, including purchase of 135
passenger-carrying vehicles for replacement only, includ-
ing 130 for police-type use and five for fire-type use, with-
out regard to the general purchase price limitation for the
current fiscal year, $907,966,000: Provided, That the
Metropolitan Police Department is authorized to replace
not to exceed 25 passenger-carrying vehicles and the Fire
Department of the District of Columbia is authorized to
replace not to exceed five passenger-carrying vehicles an-
nually whenever the cost of repair to any damaged vehicle
exceeds three-fourths of the cost of the replacement: Pro-
vided further, That not to exceed $500,000 shall be avail-
able from this appropriation for the Chief of Police for
the prevention and detection of crime: Provided further,
That the Metropolitan Police Department shall provide
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quarterly reports to the Committees on Appropriations of
the House and Senate on efforts to increase efficiency and
improve the professionalism in the department: Provided
further, That notwithstanding any other provision of law,
or Mayor’s Order 86–45, issued March 18, 1986, the Met-
ropolitan Police Department’s delegated small purchase
authority shall be $500,000: Provided further, That the
District of Columbia government may not require the Met-
ropolitan Police Department to submit to any other pro-
curement review process, or to obtain the approval of or
be restricted in any manner by any official or employee
of the District of Columbia government, for purchases
that do not exceed $500,000: Provided further, That funds
appropriated for expenses under the District of Columbia
Criminal Justice Act, approved September 3, 1974 (88
Stat. 1090; Public Law 93–412; D.C. Code, sec. 11–2601
et seq.), for the fiscal year ending September 30, 1994,
shall be available for obligations incurred under the Act
in each fiscal year since inception in fiscal year 1975: Pro-
vided further, That funds appropriated for expenses under
the District of Columbia Neglect Representation Equity
Act of 1984, effective March 13, 1985 (D.C. Law 5–129;
D.C. Code, sec. 16–2304), for the fiscal year ending Sep-
tember 30, 1994, shall be available for obligations in-
curred under the Act in each fiscal year since inception
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in fiscal year 1985: Provided further, That funds appro-
priated for expenses under the District of Columbia
Guardianship, Protective Proceedings, and Durable Power
of Attorney Act of 1986, effective February 27, 1987
(D.C. Law 6–204; D.C. Code, sec. 21–2060), for the fiscal
year ending September 30, 1994, shall be available for ob-
ligations incurred under the Act in each fiscal year since
inception in fiscal year 1989: Provided further, That not
to exceed $1,500 for the Chief Judge of the District of
Columbia Court of Appeals, $1,500 for the Chief Judge
of the Superior Court of the District of Columbia, and
$1,500 for the Executive Officer of the District of Colum-
bia Courts shall be available from this appropriation for
official purposes: Provided further, That the District of
Columbia shall operate and maintain a free, 24-hour tele-
phone information service whereby residents of the area
surrounding Lorton prison in Fairfax County, Virginia,
can promptly obtain information from District of Colum-
bia government officials on all disturbances at the prison,
including escapes, fires, riots, and similar incidents: Pro-
vided further, That the District of Columbia government
shall also take steps to publicize the availability of the 24-
hour telephone information service among the residents of
the area surrounding the Lorton prison: Provided further,
That not to exceed $100,000 of this appropriation shall
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be used to reimburse Fairfax County, Virginia, and Prince
William County, Virginia, for expenses incurred by the
counties during the fiscal year ending September 30,
1994, in relation to the Lorton prison complex: Provided
further, That such reimbursements shall be paid in all in-
stances in which the District requests the counties to pro-
vide police, fire, rescue, and related services to help deal
with escapes, riots, and similar disturbances involving the
prison: Provided further, That the Firefighting Division of
the District of Columbia Fire and Emergency Medical
Services Department shall be maintained with the current
staffing level of 269 fire fighters per 24-hour period: Pro-
vided further, That none of the funds provided in this Act
may be used to implement any staffing plan for the Dis-
trict of Columbia Fire Department that includes the elimi-
nation of any positions for Administrative Assistants to
the Battalion Fire Chiefs of the Fire Fighting Division
of the Department: Provided further, That the Mayor shall
reimburse the District of Columbia National Guard for ex-
penses incurred in connection with services that are per-
formed in emergencies by the National Guard in a militia
status and are requested by the Mayor, in amounts that
shall be jointly determined and certified as due and pay-
able for these services by the Mayor and the Commanding
General of the District of Columbia National Guard: Pro-
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vided further, That such sums as may be necessary for
reimbursement to the District of Columbia National
Guard under the preceding proviso shall be available from
this appropriation, and the availability of the sums shall
be deemed as constituting payment in advance for the
emergency services involved: Provided further, That the
Mayor shall promulgate all necessary rules and regulations
to provide that no police officer, firefighter, or correctional
officer shall be permitted to work for more than ten (10)
hours of overtime excluding court time in any one pay pe-
riod, without the written approval of the Chief of Police,
Chief of the Fire Department, or Director of the Depart-
ment of Corrections: Provided further, That such approval
shall clearly state specific reasons as to why such overtime
was necessary.
PUBLIC EDUCATION SYSTEM
Public education system, including the development
of national defense education programs, $711,813,000, to
be allocated as follows: $517,682,000 for the public
schools of the District of Columbia; $98,600,000 shall be
allocated for the District of Columbia Teachers’ Retire-
ment Fund; $65,739,000 for the University of the District
of Columbia; $21,260,000 for the Public Library, of which
$200,000 shall be transferred to the Children’s Museum;
$3,540,000 for the Commission on the Arts and Human-
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ities; $4,500,000 for the District of Columbia School of
Law; and $492,000 for the Education Licensure Commis-
sion: Provided, That the public schools of the District of
Columbia are authorized to accept not to exceed 31 motor
vehicles for exclusive use in the driver education program:
Provided further, That not to exceed $2,500 for the Super-
intendent of Schools, $2,500 for the President of the Uni-
versity of the District of Columbia, and $2,000 for the
Public Librarian shall be available from this appropriation
for expenditures for official purposes: Provided further,
That no later than December 31, 1993, the Board of
Trustees of the University of the District of Columbia
shall implement resident and nonresident tuition rate in-
creases of not less than 20 percent of the rates in effect
on April 1, 1993: Provided further, That this appropria-
tion shall not be available to subsidize the education of
nonresidents of the District of Columbia at the University
of the District of Columbia, unless the Board of Trustees
of the University of the District of Columbia adopts, for
the fiscal year ending September 30, 1994, a tuition rate
schedule that will establish the tuition rate for nonresident
students at a level no lower than the nonresident tuition
rate charged at comparable public institutions of higher
education in the metropolitan area.
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HUMAN SUPPORT SERVICES
Human support services, $914,830,000: Provided,
That $17,905,000 of this appropriation, to remain avail-
able until expended, shall be available solely for District
of Columbia employees’ disability compensation: Provided
further, That the District shall not provide free govern-
ment services such as water, sewer, solid waste disposal
or collection, utilities, maintenance, repairs, or similar
services to any legally constituted private nonprofit organi-
zation (as defined in section 411(5) of Public Law 100–
77, approved July 22, 1987) providing emergency shelter
services in the District, if the District would not be quali-
fied to receive reimbursement pursuant to the Stewart B.
McKinney Homeless Act, approved July 22, 1987 (101
Stat. 485; Public Law 100–77; 42 U.S.C. 11301 et seq.).
PUBLIC WORKS
Public works, including rental of one passenger-car-
rying vehicle for use by the Mayor and three passenger-
carrying vehicles for use by the Council of the District of
Columbia and purchase of passenger-carrying vehicles for
replacement only, $215,749,000: Provided, That this ap-
propriation shall not be available for collecting ashes or
miscellaneous refuse from hotels and places of business.
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WASHINGTON CONVENTION CENTER FUND
For the Washington Convention Center Fund,
$12,850,000.
REPAYMENT OF LOANS AND INTEREST
For reimbursement to the United States of funds
loaned in compliance with An Act to provide for the estab-
lishment of a modern, adequate, and efficient hospital cen-
ter in the District of Columbia, approved August 7, 1946
(60 Stat. 896; Public Law 79–648); section 1 of An Act
to authorize the Commissioners of the District of Colum-
bia to borrow funds for capital improvement programs and
to amend provisions of law relating to Federal Govern-
ment participation in meeting costs of maintaining the
Nation’s Capital City, approved June 6, 1958 (72 Stat.
183; Public Law 85–451; D.C. Code, sec. 9–219); section
4 of An Act to authorize the Commissioners of the District
of Columbia to plan, construct, operate, and maintain a
sanitary sewer to connect the Dulles International Airport
with the District of Columbia system, approved June 12,
1960 (74 Stat. 211; Public Law 86–515); sections 723
and 743(f) of the District of Columbia Self-Government
and Governmental Reorganization Act of 1973, approved
December 24, 1973, as amended (87 Stat. 821; Public
Law 93–198; D.C. Code, sec. 47–321, note; 91 Stat.
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1156; Public Law 95–131; D.C. Code, sec. 9–219, note),
including interest as required thereby, $312,948,000.
REPAYMENT OF GENERAL FUND RECOVERY DEBT
For the purpose of eliminating the $331,589,000
general fund accumulated deficit as of September 30,
1990, $38,337,000, as authorized by section 461(a) of the
District of Columbia Self-Government and Governmental
Reorganization Act, approved December 24, 1973, as
amended (105 Stat. 540; Public Law 102–106; D.C. Code,
sec. 47–321(a)).
OPTICAL AND DENTAL BENEFITS
For optical and dental costs for nonunion employees,
$3,423,000.
PAY ADJUSTMENT
For pay increases and related costs, to be transferred
by the Mayor of the District of Columbia within the var-
ious appropriation headings in this Act for fiscal year
1994 from which employees are properly payable,
$70,680,000.
PERSONAL AND NONPERSONAL SERVICES ADJUSTMENTS
The Mayor shall reduce appropriations and expendi-
tures for personal and nonpersonal services in the amount
of $27,062,000, within one or several of the various appro-
priation headings in this Act.
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CAPITAL OUTLAY
For construction projects, $108,743,000, as author-
ized by An Act authorizing the laying of water mains and
service sewers in the District of Columbia, the levying of
assessments therefor, and for other purposes, approved
April 22, 1904 (33 Stat. 244; Public Law 58–140; D.C.
Code, secs. 43–1512 through 43–1519); the District of
Columbia Public Works Act of 1954, approved May 18,
1954 (68 Stat. 101; Public Law 83–364); An Act to au-
thorize the Commissioners of the District of Columbia to
borrow funds for capital improvement programs and to
amend provisions of law relating to Federal Government
participation in meeting costs of maintaining the Nation’s
Capital City, approved June 6, 1958 (72 Stat. 183; Public
Law 85–451; D.C. Code, secs. 9–219 and 47–3402); sec-
tion 3(g) of the District of Columbia Motor Vehicle Park-
ing Facility Act of 1942, approved August 20, 1958 (72
Stat. 686; Public Law 85–692; D.C. Code, sec. 40–
805(7)); and the National Capital Transportation Act of
1969, approved December 9, 1969 (83 Stat. 320; Public
Law 91–143; D.C. Code, secs. 1–2451, 1–2452, 1–2454,
1–2456, and 1–2457); including acquisition of sites, prep-
aration of plans and specifications, conducting preliminary
surveys, erection of structures, including building improve-
ment and alteration and treatment of grounds, to remain
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available until expended: Provided, That $10,577,883
shall be reduced from the cumulative amount available for
project management and $4,463,301 shall be available for
design by the Director of the Department of Public Works
or by contract for architectural engineering services, as
may be determined by the Mayor: Provided further, That
funds for use of each capital project implementing agency
shall be managed and controlled in accordance with all
procedures and limitations established under the Financial
Management System: Provided further, That all funds pro-
vided by this appropriation title shall be available only for
the specific projects and purposes intended: Provided fur-
ther, That notwithstanding the foregoing, all authoriza-
tions for capital outlay projects, except those projects cov-
ered by the first sentence of section 23(a) of the Federal-
Aid Highway Act of 1968, approved August 23, 1968 (82
Stat. 827; Public Law 90–495; D.C. Code, sec. 7–134,
note), for which funds are provided by this appropriation
title, shall expire on September 30, 1995, except author-
izations for projects as to which funds have been obligated
in whole or in part prior to September 30, 1995: Provided
further, That upon expiration of any such project author-
ization the funds provided herein for the project shall
lapse.
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WATER AND SEWER ENTERPRISE FUND
For the Water and Sewer Enterprise Fund,
$240,929,000, of which $40,438,000 shall be apportioned
and payable to the debt service fund for repayment of
loans and interest incurred for capital improvement
projects.
For construction projects, $29,087,000, as author-
ized by An Act authorizing the laying of water mains and
service sewers in the District of Columbia, the levying of
assessments therefor, and for other purposes, approved
April 22, 1904 (33 Stat. 244; Public Law 58–140; D.C.
Code, sec. 43–1512 et seq.): Provided, That the require-
ments and restrictions that are applicable to general fund
capital improvement projects and set forth in this Act
under the Capital Outlay appropriation title shall apply
to projects approved under this appropriation title.
LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND
For the Lottery and Charitable Games Enterprise
Fund, established by the District of Columbia Appropria-
tion Act for the fiscal year ending September 30, 1982,
approved December 4, 1981 (95 Stat. 1174, 1175; Public
Law 97–91), as amended, for the purpose of implementing
the Law to Legalize Lotteries, Daily Numbers Games, and
Bingo and Raffles for Charitable Purposes in the District
of Columbia, effective March 10, 1981 (D.C. Law 3–172;
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D.C. Code, secs. 2–2501 et seq. and 22–1516 et seq.),
$7,168,000, to be derived from non-Federal District of
Columbia revenues: Provided, That the District of Colum-
bia shall identify the source of funding for this appropria-
tion title from the District’s own locally-generated reve-
nues: Provided further, That no revenues from Federal
sources shall be used to support the operations or activi-
ties of the Lottery and Charitable Games Control Board.
CABLE TELEVISION ENTERPRISE FUND
For the Cable Television Enterprise Fund, estab-
lished by the Cable Television Communications Act of
1981, effective October 22, 1983 (D.C. Law 5–36; D.C.
Code, sec. 43–1801 et seq.), $2,353,000.
STARPLEX FUND
For the Starplex Fund, an amount necessary for the
expenses incurred by the Armory Board in the exercise
of its powers granted by An Act To Establish a District
of Columbia Armory Board, and for other purposes, ap-
proved June 4, 1948 (62 Stat. 339; D.C. Code, sec. 2–
301 et seq.) and the District of Columbia Stadium Act
of 1957, approved September 7, 1957 (71 Stat. 619; Pub-
lic Law 85–300; D.C. Code, sec. 2–321 et seq.) of which
$1,742,000 shall be transferred to the general fund for
the District of Columbia Courts and $35,000 shall be
transferred to the Office of Cable Television: Provided,
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That the Mayor shall submit a budget for the Armory
Board for the forthcoming fiscal year as required by sec-
tion 442(b) of the District of Columbia Self-Government
and Governmental Reorganization Act, approved Decem-
ber 24, 1973 (87 Stat. 824; Public Law 93–198; D.C.
Code, sec. 47–301(b)).
GENERAL PROVISIONS
SEC. 101. The expenditure of any appropriation
under this Act for any consulting service through procure-
ment contract, pursuant to 5 U.S.C. 3109, shall be limited
to those contracts where such expenditures are a matter
of public record and available for public inspection, except
where otherwise provided under existing law, or under ex-
isting Executive order issued pursuant to existing law.
SEC. 102. Except as otherwise provided in this Act,
all vouchers covering expenditures of appropriations con-
tained in this Act shall be audited before payment by the
designated certifying official and the vouchers as approved
shall be paid by checks issued by the designated disbursing
official.
SEC. 103. Whenever in this Act, an amount is speci-
fied within an appropriation for particular purposes or ob-
jects of expenditure, such amount, unless otherwise speci-
fied, shall be considered as the maximum amount that
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may be expended for said purpose or object rather than
an amount set apart exclusively therefor.
SEC. 104. Appropriations in this Act shall be avail-
able, when authorized by the Mayor, for allowances for
privately-owned automobiles and motorcycles used for the
performance of official duties at rates established by the
Mayor: Provided, That such rates shall not exceed the
maximum prevailing rates for such vehicles as prescribed
in the Federal Property Management Regulations 101–7
(Federal Travel Regulations).
SEC. 105. Appropriations in this Act shall be avail-
able for expenses of travel and for the payment of dues
of organizations concerned with the work of the District
of Columbia government, when authorized by the Mayor:
Provided, That the Council of the District of Columbia
and the District of Columbia Courts may expend such
funds without authorization by the Mayor.
SEC. 106. There are appropriated from the applicable
funds of the District of Columbia such sums as may be
necessary for making refunds and for the payment of
judgments that have been entered against the District of
Columbia government: Provided, That nothing contained
in this section shall be construed as modifying or affecting
the provisions of section 11(c)(3) of title XII of the Dis-
trict of Columbia Income and Franchise Tax Act of 1947,
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approved March 31, 1956 (70 Stat. 78; Public Law 84–
460; D.C. Code, sec. 47–1812.11(c)(3)).
SEC. 107. Appropriations in this Act shall be avail-
able for the payment of public assistance without reference
to the requirement of section 544 of the District of Colum-
bia Public Assistance Act of 1982, effective April 6, 1982
(D.C. Law 4–101; D.C. Code, sec. 3–205.44), and for the
non-Federal share of funds necessary to qualify for Fed-
eral assistance under the Juvenile Delinquency Prevention
and Control Act of 1968, approved July 31, 1968 (82
Stat. 462; Public Law 90–445; 42 U.S.C. 3801 et seq.).
SEC. 108. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 109. No funds appropriated in this Act for the
District of Columbia government for the operation of edu-
cational institutions, the compensation of personnel, or for
other educational purposes may be used to permit, encour-
age, facilitate, or further partisan political activities.
Nothing herein is intended to prohibit the availability of
school buildings for the use of any community or partisan
political group during non-school hours.
SEC. 110. The annual budget for the District of Co-
lumbia government for the fiscal year ending September
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30, 1995, shall be transmitted to the Congress no later
than April 15, 1994.
SEC. 111. None of the funds appropriated in this Act
shall be made available to pay the salary of any employee
of the District of Columbia government whose name, title,
grade, salary, past work experience, and salary history are
not available for inspection by the House and Senate Com-
mittees on Appropriations, the House Committee on the
District of Columbia, the Subcommittee on General Serv-
ices, Federalism, and the District of Columbia of the Sen-
ate Committee on Governmental Affairs, and the Council
of the District of Columbia, or their duly authorized rep-
resentative: Provided, That none of the funds contained
in this Act shall be made available to pay the salary of
any employee of the District of Columbia government
whose name and salary are not available for public inspec-
tion.
SEC. 112. There are appropriated from the applicable
funds of the District of Columbia such sums as may be
necessary for making payments authorized by the District
of Columbia Revenue Recovery Act of 1977, effective Sep-
tember 23, 1977 (D.C. Law 2–20; D.C. Code, sec. 47–
421 et seq.).
SEC. 113. No part of this appropriation shall be used
for publicity or propaganda purposes or implementation
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of any policy including boycott designed to support or de-
feat legislation pending before Congress or any State legis-
lature.
SEC. 114. At the start of the fiscal year, the Mayor
shall develop an annual plan, by quarter and by project,
for capital outlay borrowings: Provided, That within a rea-
sonable time after the close of each quarter, the Mayor
shall report to the Council of the District of Columbia and
the Congress the actual borrowing and spending progress
compared with projections.
SEC. 115. The Mayor shall not borrow any funds for
capital projects unless the Mayor has obtained prior ap-
proval from the Council of the District of Columbia, by
resolution, identifying the projects and amounts to be fi-
nanced with such borrowings.
SEC. 116. The Mayor shall not expend any moneys
borrowed for capital projects for the operating expenses
of the District of Columbia government.
SEC. 117. None of the funds appropriated by this Act
may be obligated or expended by reprogramming except
pursuant to advance approval of the reprogramming
granted according to the procedure set forth in the Joint
Explanatory Statement of the Committee of Conference
(House Report No. 96–443), which accompanied the Dis-
trict of Columbia Appropriation Act, 1980, approved Octo-
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ber 30, 1979 (93 Stat. 713; Public Law 96–93), as modi-
fied in House Report No. 98–265, and in accordance with
the Reprogramming Policy Act of 1980, effective Septem-
ber 16, 1980 (D.C. Law 3–100; D.C. Code, sec. 47–361
et seq.).
SEC. 118. None of the Federal funds provided in this
Act shall be obligated or expended to provide a personal
cook, chauffeur, or other personal servants to any officer
or employee of the District of Columbia.
SEC. 119. None of the Federal funds provided in this
Act shall be obligated or expended to procure passenger
automobiles as defined in the Automobile Fuel Efficiency
Act of 1980, approved October 10, 1980 (94 Stat. 1824;
Public Law 96–425; 15 U.S.C. 2001(2)), with an Environ-
mental Protection Agency estimated miles per gallon aver-
age of less than 22 miles per gallon: Provided, That this
section shall not apply to security, emergency rescue, or
armored vehicles.
SEC. 120. (a) Notwithstanding section 422(7) of the
District of Columbia Self-Government and Governmental
Reorganization Act of 1973, approved December 24, 1973
(87 Stat. 790; Public Law 93–198; D.C. Code, sec. 1–
242(7)), the City Administrator shall be paid, during any
fiscal year, a salary at a rate established by the Mayor,
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not to exceed the rate established for level IV of the Exec-
utive Schedule under 5 U.S.C. 5315.
(b) For purposes of applying any provision of law lim-
iting the availability of funds for payment of salary or pay
in any fiscal year, the highest rate of pay established by
the Mayor under subsection (a) of this section for any po-
sition for any period during the last quarter of calendar
year 1993 shall be deemed to be the rate of pay payable
for that position for September 30, 1993.
(c) Notwithstanding section 4(a) of the District of
Columbia Redevelopment Act of 1945, approved August
2, 1946 (60 Stat. 793; Public Law 79–592; D.C. Code,
sec. 5–803(a)), the Board of Directors of the District of
Columbia Redevelopment Land Agency shall be paid, dur-
ing any fiscal year, per diem compensation at a rate estab-
lished by the Mayor.
SEC. 121. Notwithstanding any other provisions of
law, the provisions of the District of Columbia Govern-
ment Comprehensive Merit Personnel Act of 1978, effec-
tive March 3, 1979 (D.C. Law 2–139; D.C. Code, sec. 1–
601.1 et seq.), enacted pursuant to section 422(3) of the
District of Columbia Self-Government and Governmental
Reorganization Act of 1973, approved December 24, 1973
(87 Stat. 790; Public Law 93–198; D.C. Code, sec. 1–
242(3)), shall apply with respect to the compensation of
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District of Columbia employees: Provided, That for pay
purposes, employees of the District of Columbia govern-
ment shall not be subject to the provisions of title 5 of
the United States Code.
SEC. 122. The Director of the Department of Admin-
istrative Services may pay rentals and repair, alter, and
improve rented premises, without regard to the provisions
of section 322 of the Economy Act of 1932 (Public Law
72–212; 40 U.S.C. 278a), upon a determination by the
Director, that by reason of circumstances set forth in such
determination, the payment of these rents and the execu-
tion of this work, without reference to the limitations of
section 322, is advantageous to the District in terms of
economy, efficiency, and the District’s best interest.
SEC. 123. No later than 30 days after the end of the
first quarter of the fiscal year ending September 30, 1994,
the Mayor of the District of Columbia shall submit to the
Council of the District of Columbia the new fiscal year
1994 revenue estimates as of the end of the first quarter
of fiscal year 1994. These estimates shall be used in the
budget request for the fiscal year ending September 30,
1995. The officially revised estimates at midyear shall be
used for the midyear report.
SEC. 124. Section 466(b) of the District of Columbia
Self-Government and Governmental Reorganization Act of
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1973, approved December 24, 1973 (87 Stat. 806; Public
Law 93–198; D.C. Code, sec. 47–326), as amended, is
amended by striking ‘‘sold before October 1, 1993’’ and
inserting ‘‘sold before October 1, 1994’’.
SEC. 125. No sole source contract with the District
of Columbia government or any agency thereof may be re-
newed or extended without opening that contract to the
competitive bidding process as set forth in section 303 of
the District of Columbia Procurement Practices Act of
1985, effective February 21, 1986 (D.C. Law 6–85; D.C.
Code, sec. 1–1183.3), except that the District of Columbia
Public Schools may renew or extend sole source contracts
for which competition is not feasible or practical, provided
that the determination as to whether to invoke the com-
petitive bidding process has been made in accordance with
duly promulgated Board of Education rules and proce-
dures.
SEC. 126. For purposes of the Balanced Budget and
Emergency Deficit Control Act of 1985, approved Decem-
ber 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 seques-
tration order shall be applied to each of the accounts rath-
er than to the aggregate total of those accounts: Provided,
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That sequestration orders shall not be applied to any ac-
count that is specifically exempted from sequestration by
the Balanced Budget and Emergency Deficit Control Act
of 1985, approved December 12, 1985 (99 Stat. 1037;
Public Law 99–177), as amended.
SEC. 127. In the event a sequestration order is issued
pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985, approved December 12, 1985 (99
Stat. 1037; Public Law 99–177), as amended, after the
amounts appropriated to the District of Columbia for the
fiscal year involved have been paid to the District of Co-
lumbia, the Mayor of the District of Columbia shall pay
to the Secretary of the Treasury, within 15 days after re-
ceipt of a request therefor from the Secretary of the
Treasury, such amounts as are sequestered by the order:
Provided, That the sequestration percentage specified in
the order shall be applied proportionately to each of the
Federal appropriation accounts in this Act that are not
specifically exempted from sequestration by the Balanced
Budget and Emergency Deficit Control Act of 1985, ap-
proved December 12, 1985 (99 Stat. 1037; Public Law
99–177), as amended.
SEC. 128. Sec. 133(e) of the District of Columbia Ap-
propriations Act, 1990, as amended, is amended by strik-
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ing ‘‘December 31, 1993’’ and inserting ‘‘December 31,
1994’’.
SEC. 129. For the fiscal year ending September 30,
1994, the District of Columbia shall pay interest on its
quarterly payments to the United States that are made
more than 60 days from the date of receipt of an itemized
statement from the Federal Bureau of Prisons of amounts
due for housing District of Columbia convicts in Federal
penitentiaries for the preceding quarter.
SEC. 130. Nothing in this Act shall be construed to
authorize any office, agency or entity to expend funds for
programs or functions for which a reorganization plan is
required but has not been approved by the Council pursu-
ant to section 422(12) of the District of Columbia Self-
Government and Governmental Reorganization Act of
1973, approved December 24, 1973 (87 Stat. 790; Public
Law 93–198; D.C. Code, sec. 1–242(12)) and the Govern-
mental Reorganization Procedures Act of 1981, effective
October 17, 1981 (D.C. Law 4–42; D.C. Code, secs. 1–
299.1 to 1–299.7). Appropriations made by this Act for
such programs or functions are conditioned on the ap-
proval by the Council, prior to October 1, 1993, of the
required reorganization plans.
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SEC. 131. (a) An entity of the District of Columbia
government may accept and use a gift or donation during
fiscal year 1994 if—
(1) the Mayor approves the acceptance and use
of the gift or donation: Provided, That the Council
of the District of Columbia may accept and use gifts
without prior approval by the Mayor; and
(2) the entity uses the gift or donation to carry
out its authorized functions or duties.
(b) Each entity of the District of Columbia govern-
ment shall keep accurate and detailed records of the ac-
ceptance and use of any gift or donation under subsection
(a) of this section, and shall make such records available
for audit and public inspection.
(c) For the purposes of this section, the term ‘‘entity
of the District of Columbia government’’ includes an inde-
pendent agency of the District of Columbia.
(d) This section shall not apply to the District of Co-
lumbia Board of Education, which may, pursuant to the
laws and regulations of the District of Columbia, accept
and use gifts to the public schools without prior approval
by the Mayor.
SEC. 132. (a) Up to 50 fire fighters or members of
the Fire and Emergency Medical Services Department
who were hired before February 14, 1980, and who retire
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on disability before the end of calendar year 1993 shall
be excluded from the computation of the rate of disability
retirement under subsection 145(a) of the District of Co-
lumbia Retirement Reform Act of 1979, as amended, ap-
proved September 30, 1983 (97 Stat. 727; D.C. Code, sec.
1–725(a)), for purposes of reducing the authorized Fed-
eral payment to the District of Columbia Police Officers
and Fire Fighters’ Retirement Fund pursuant to sub-
section 145(c) of the District of Columbia Retirement Re-
form Act of 1979.
(b) The Mayor, within 30 days after the enactment
of this Act, shall engage an enrolled actuary, to be paid
by the District of Columbia Retirement Board, and shall
comply with the requirements of section 142(d) and sec-
tion 144(d) of the District of Columbia Retirement Re-
form Act of 1979 (Public Law 96–122, D.C. Code, secs.
1–722(d) and 1–724(d)).
SEC. 133. At the end of fiscal year 1994, the number
of FTE’s shall not exceed the number of FTE’s in the
approved fiscal year 1994 budget, less a 1 percent attri-
tion rate and the actual corresponding dollar savings.
SEC. 134. (a) The Mayor shall establish a program
to offer incentives for employees to accept early-out retire-
ment. The Mayor shall report to the Council for approval
of the early-out retirement program by mid-fiscal year
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1994 with an actuarial study to show the District’s liabil-
ity for the early-out program.
(b) Notwithstanding any other provision of law, no
early-out program established pursuant to this section
shall be exempt from the requirements of section 142(d)
and section 144(d) of the District of Columbia Retirement
Reform Act of 1979 (Public Law 96–122, D.C. Code, secs.
1–722(d) and 1–724(d)).
SEC. 135. (a) None of the funds provided in this Act
or any other funds available to the District of Columbia
shall be used for any contract to provide goods or services
to or on behalf of the District of Columbia which currently
are provided by employees, departments, or agencies of the
District of Columbia until the Mayor submits to the Coun-
cil and the Council approves revised contracting policies
and procedures.
(b) The revised contracting policies and procedures
required by subsection (a) of this section shall provide
that:
(1) A cost analysis comparing the in-house
costs of providing the service with the costs associ-
ated with contracting for the service shall be com-
pleted for each contract proposed pursuant to this
section; and
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(2) Contracting out will provide savings over
the duration of the contract of at least 10 percent.
SEC. 136. (a) The Mayor shall not award the follow-
ing types of contracts until after the Council has approved
the proposed contract award as provided in this section:
(1) Any contract for goods or services worth
over $1,000,000 and any contract for any sum
which, when added to other contracts awarded to the
same contractor for the same or similar purposes
within a fiscal year, exceeds $1,000,000 in contracts
with the same contractor, except: (A) contracts
awarded under the ‘‘competitive sealed bidding’’ pro-
visions pursuant to section 303 of the District of Co-
lumbia Procurement Practices Act of 1985, effective
February 21, 1986 (D.C. Law 6–85; D.C. Code, 1–
1183.3); or (B) contracts to implement a Federal
program where Federal law governs contracting pro-
cedures as a condition for the receipt of Federal as-
sistance; and
(2) Any contract to provide goods or services,
to or on behalf of the District of Columbia, which
currently are or traditionally have been provided by
employees, departments, or agencies of the District
of Columbia.
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(b) Prior to the award of a contract covered by this
section, the Mayor shall submit a proposed contract award
to the Council. The proposed contract award shall be
deemed approved 7 calendar days, excluding days of Coun-
cil recess, after the proposal has been officially introduced
in the Council according to its rules, unless during that
time, an objection to the proposed award, by at least 3
members of the Council, is filed in the Office of the Sec-
retary to the Council.
(c) If an objection to the proposed contract award
is filed, the proposed award shall be deemed approved 21
calendar days, excluding days of Council recess, after the
proposed award was officially introduced in the Council,
unless during that time, the Council adopts a resolution
disapproving the proposed award.
(d) The Council may approve or disapprove a pro-
posed contract award by resolution prior to the expiration
of the time periods provided in this section.
(e) The approval required by this section shall be a
condition precedent to the existence of a District of Co-
lumbia contract described in subsection (a) of this section.
No contractor may undertake any work, and no District
officer or employee may obligate or expend funds, with re-
spect to the performance of a proposed contract prior to
Council approval under this section.
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This title may be cited as the ‘‘District of Columbia
Appropriations Act, 1994’’.
TITLE II
FISCAL YEAR 1993 SUPPLEMENTAL
FEDERAL FUNDS
FEDERAL CONTRIBUTION TO RETIREMENT FUNDS
The second paragraph under this heading for the fis-
cal year ending September 30, 1993, in the District of
Columbia Appropriations Act, 1993, approved October 5,
1992 (Public Law 102–382; 106 Stat. 1422) is repealed.
DISTRICT OF COLUMBIA FUNDS
GOVERNMENTAL DIRECTION AND SUPPORT
(INCLUDING RESCISSION)
For an additional amount for ‘‘Governmental direc-
tion and support’’, $15,133,000: Provided, That of the
funds appropriated under this heading for the fiscal year
ending September 30, 1993 in the District of Columbia
Appropriations Act, 1993, approved October 5, 1992
(Public Law 102–382; 106 Stat. 1423), $4,760,000 are
rescinded for a net increase of $10,373,000.
The following provision under this heading for the fis-
cal year ending September 30, 1993 in the District of Co-
lumbia Appropriations Act, 1993, approved October 5,
1992 (Public Law 102–382; 106 Stat. 1423 is repealed:
‘‘Provided further, That $10,200,000 of the revenues real-
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ized from the ‘‘Water and Sewer Utility Payment in Lieu
of Taxes Act of 1992’’ shall be available for the Mayor’s
youth and crime initiative, but shall not be obligated or
expended until the Mayor submits to the Council a plan
for the allocation and use of the funds:’’.
ECONOMIC DEVELOPMENT AND REGULATION
(INCLUDING RESCISSION)
For an additional amount for ‘‘Economic develop-
ment and regulation’’, $1,047,000: Provided, That of the
funds appropriated under this heading for the fiscal year
ending September 30, 1993 in the District of Columbia
Appropriations Act, 1993, approved October 5, 1992
(Public Law 102–382; 106 Stat. 1423), $10,587,000 are
rescinded for a net decrease of $9,540,000.
PUBLIC SAFETY AND JUSTICE
(INCLUDING RESCISSION)
For an additional amount for ‘‘Public safety and jus-
tice’’, $6,230,000: Provided, That of the funds appro-
priated under this heading for the fiscal year ending Sep-
tember 30, 1993 in the District of Columbia Appropria-
tions Act, 1993, approved October 5, 1992 (Public Law
102–382; 106 Stat. 1424), $18,921,000 are rescinded for
a net decrease of $12,691,000: Provided further, That any
unspent funds remaining in the nonpersonal services
budget of the Metropolitan Police Department at the end
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of fiscal year 1993 shall remain available for the exclusive
use of the Metropolitan Policy Department for the pur-
chase of equipment in fiscal year 1994.
PUBLIC EDUCATION SYSTEM
(INCLUDING RESCISSION)
For an additional amount for ‘‘Public education sys-
tem’’, $246,000, for the Education Licensure Commission:
Provided, That of the funds appropriated under this head-
ing for the fiscal year ending September 30, 1993 in the
District of Columbia Appropriations Act, 1993, approved
October 5, 1992 (Public Law 102–382; 106 Stat. 1426),
$2,270,000 for the Public Schools of the District of Co-
lumbia, $4,199,000 for the University of the District of
Columbia, $964,000 for the Public Library, and $70,000
for the Commission on the Arts and Humanities are re-
scinded for a net decrease of $7,257,000.
The following provision under this heading for the fis-
cal year ending September 30, 1993 in the District of Co-
lumbia Appropriations Act, 1993, approved October 5,
1992 (Public Law 102–382, 106 Stat. 1426) is repealed:
‘‘of which $2,000,000 shall be derived from revenues real-
ized from the ‘‘Water and Sewer Utility Payment in Lieu
of Taxes Act of 1992’’;’’.
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HUMAN SUPPORT SERVICES
(INCLUDING RESCISSION)
For an additional amount for ‘‘Human support serv-
ices’’, $70,772,000: Provided, That of the funds appro-
priated under this heading for the fiscal year ending Sep-
tember 30, 1993 in the District of Columbia Appropria-
tions Act, 1993, approved October 5, 1992 (Public Law
102–382; 106 Stat. 1426), $2,221,000 are rescinded for
a net increase of $68,551,000.
PUBLIC WORKS
(RESCISSION)
Of the funds appropriated under this heading for the
fiscal year ending September 30, 1993 in the District of
Columbia Appropriations Act, 1993, approved October 5,
1992 (Public Law 102–382; 106 Stat. 1427), $3,271,000
are rescinded.
REPAYMENT OF LOANS AND INTEREST
For an additional amount for ‘‘Repayment of loans
and interest’’, $19,051,000.
REPAYMENT OF GENERAL FUND RECOVERY DEBT
(RESCISSION)
Of the funds appropriated under this heading for the
fiscal year ending September 30, 1993 in the District of
Columbia Appropriations Act, 1993, approved October 5,
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1992 (Public Law 102–382; 106 Stat. 1427), $5,000 are
rescinded.
RESIZING
For the purpose of funding costs associated with the
Temporary Appeals Panel pursuant to D.C. Law 9–47,
the District of Columbia Government Merit Personnel Act
of 1978 Temporary Amendment Act of 1991, $225,000.
SEVERANCE PAY
For severance pay to employees who are involuntarily
separated from service as a result of reductions-in-force
or reorganizations, $10,410,000.
PAY ADJUSTMENT
For pay increases and related costs to be transferred
by the Mayor of the District of Columbia within the var-
ious appropriation headings in this Act from which costs
are properly payable, $7,880,000.
FACILITIES RENT/LEASES
The paragraph under the heading ‘‘Facilities Rent/
Leases’’ in the District of Columbia Appropriations Act,
1993, approved October 5, 1992 (Public Law 102–382;
106 Stat. 1428), is repealed: Provided, That the appro-
priation of $16,682,000 provided by that paragraph is dis-
tributed within the appropriation titles above.
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FURLOUGH ADJUSTMENT
Each agency, office, and instrumentality of the Dis-
trict, except the District of Columbia Courts, shall fur-
lough each employee of the respective agency, office, or
instrumentality for one day in each month of the fiscal
year ending September 30, 1993, or a proportionate num-
ber of hours for part-time employees. The personal serv-
ices spending authority for each agency, office, and instru-
mentality subject to this section is reduced in an amount
equal to the savings resulting from the employee furloughs
required by this section, for a total reduction of
$36,000,000, which is distributed within the appropriation
titles above. The Council shall enact legislation to imple-
ment this section which may include but shall not be lim-
ited to procedures to ensure that public health and safety
functions are carried out.
WITHIN-GRADE SALARY ADJUSTMENTS
Notwithstanding any other provision of law, no em-
ployee of any agency, office, or instrumentality of the Dis-
trict shall receive within-grade salary increases during the
fiscal year ending September 30, 1993, and no time dur-
ing the fiscal year ending September 30, 1993 shall accrue
toward the waiting period for advancement to the follow-
ing rate within the grade. The spending authority for each
agency, office, and instrumentality is reduced in an
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amount equal to the savings resulting from the adjust-
ments required by this section, for a total reduction of
$13,000,000, which is distributed within the appropriation
titles above.
PERSONAL AND NONPERSONAL SERVICES ADJUSTMENTS
The paragraph under the heading ‘‘Personal and
Nonpersonal Services Adjustments’’, in the District of Co-
lumbia Appropriations Act, 1993, approved October 5,
1992 (Public Law 102–382; 106 Stat. 1428), is repealed:
Provided, That the reduction of $30,798,600 required by
that paragraph is distributed within the appropriation ti-
tles above: Provided further, That the Mayor shall reduce
appropriations and expenditures for personal and
nonpersonal services in the amount of $29,730,000, within
one or several of the various appropriation headings in this
Act.
CAPITAL OUTLAY
For an additional amount for ‘‘Capital outlay’’,
$200,000, to remain available until expended.
WATER AND SEWER ENTERPRISE FUND
(INCLUDING RESCISSION)
For an additional amount for ‘‘Water and Sewer En-
terprise Fund’’, $12,717,000: Provided, That of the funds
appropriated under this heading in the District of Colum-
bia Appropriations Act, 1993, approved October 5, 1992
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(Public Law 102–382; 106 Stat. 1429), $41,482,000 are
rescinded for a net decrease of $28,765,000.
The following provision under this heading for the fis-
cal year ending September 30, 1993 in the District of Co-
lumbia Appropriations Act, 1993, approved October 5,
1992 (Public Law 102–382; 106 Stat. 1429) is repealed:
‘‘, and $12,200,000 collected as payment in lieu of taxes
pursuant to the ‘‘Water and Sewer Utility Payment in
Lieu of Taxes Act of 1992’’ shall be transferred to the
general fund to provide $10,200,000 for the Mayor’s
youth and crime initiative, and $2,000,000 for the Univer-
sity of the District of Columbia’’.
The following provision under this heading for the fis-
cal year ending September 30, 1993 in the District of Co-
lumbia Appropriations Act, 1993, approved October 5,
1992 (Public Law 102–382; 106 Stat. 1430) is repealed:
‘‘Provided further, That not to exceed $22,705,000 in
water and sewer enterprise fund operating revenues shall
be available for pay-as-you-go capital projects’’.
LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND
(RESCISSION)
Of the funds appropriated under this heading for the
Lottery and Charitable Games Enterprise Fund for the
fiscal year ending September 30, 1993 in the District of
Columbia Appropriations Act, 1993, approved October 5,
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1992 (Public Law 102–382; 106 Stat. 1430), $270,000
are rescinded.
CABLE TELEVISION ENTERPRISE FUND
(INCLUDING RESCISSION)
For an additional amount for ‘‘Cable Television En-
terprise Fund’’, $35,000: Provided, That of the funds ap-
propriated under this heading for the Cable Television En-
terprise Fund for the fiscal year ending September 30,
1993 in the District of Columbia Appropriations Act,
1993, approved October 5, 1992 (Public Law 102–382;
106 Stat. 1430), $300,000 are rescinded and transferred
to the general fund for a net decrease of $265,000.
STARPLEX FUND
The paragraph under the heading ‘‘Starplex Fund’’
in the District of Columbia Appropriations Act, 1993, ap-
proved October 5, 1992 (Public Law 102–382; 106 Stat.
1430), is amended by inserting after the phrase ‘‘shall be
transferred to the general fund’’ the following: ‘‘and an
additional $200,000 shall be transferred to the University
of the District of Columbia’’.
GENERAL PROVISIONS
SEC. 201. Section 114 of the District of Columbia
Appropriations Act, 1993, approved October 5, 1992 (106
Stat. 1432) is repealed.