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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
30, 1996, shall be transmitted to the Congress no later
than April 15, 1995.
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
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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
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-
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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 borrowings 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-
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.).
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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,
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-
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sition for any period during the last quarter of calendar
year 1994 shall be deemed to be the rate of pay payable
for that position for September 30, 1994.
(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
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
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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, 1995,
the Mayor of the District of Columbia shall submit to the
Council of the District of Columbia the new fiscal year
1995 revenue estimates as of the end of the first quarter
of fiscal year 1995. These estimates shall be used in the
budget request for the fiscal year ending September 30,
1996. The officially revised estimates at midyear shall be
used for the midyear report.
SEC. 124. Section 466(b) of the District of Columbia
Self-Government and Governmental Reorganization Act of
1973, approved December 24, 1973 (87 Stat. 806; Public
Law 93–198; D.C. Code, sec. 47–326), as amended, is
amended by striking ‘‘sold before October 1, 1994’’ and
inserting ‘‘sold before October 1, 1995’’.
SEC. 125. No sole source contract with the District
of Columbia government or any agency thereof may be re-
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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,
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.
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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. Effective as if included in the enactment
of the District of Columbia Appropriations Act, 1990, sec-
tion 133(e) of such Act is amended by striking ‘‘shall take
effect’’ and all that follows and inserting ‘‘shall apply with
respect to water and sanitary sewer services furnished on
or after January 1, 1990.’’.
SEC. 129. For the fiscal year ending September 30,
1995, the District of Columbia shall pay interest on its
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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, 1994, of the
required reorganization plans.
SEC. 131. (a) An entity of the District of Columbia
government may accept and use a gift or donation during
fiscal year 1995 if—
(1) the Mayor approves the acceptance and use
of the gift or donation: Provided, That the Council
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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. Notwithstanding any other provision of
law, each agency, office, and instrumentality of the Dis-
trict shall implement a hiring freeze and shall fill only va-
cancies in essential positions, and to the extent prac-
ticable, shall fill essential positions from among employees
holding non-essential positions. A non-essential position
that becomes vacant, other than by termination for cause,
shall not be filled. The Council shall enact legislation to
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implement this title, which may include, but shall not be
limited to, procedures for identifying essential and non-
essential positions, for filling vacant essential positions
from among employees holding non-essential positions,
and for reporting on implementation of the hiring freeze
required by this section.
SEC. 133. 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-
resentatives 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. 134. None of the Federal funds appropriated
under this Act shall be expended for any abortion except
when it is made known to the entity or official to which
funds are appropriated under this Act that such procedure
is necessary to save the life of the mother or that the preg-
nancy is the result of an act of rape or incest.
INDEPENDENT AUDIT OF RETIREMENT BOARD
SEC. 135. (a) IN GENERAL.—The District of Colum-
bia Retirement Board shall enter into an agreement with
an independent firm meeting the qualifications described
in subsection (b) to prepare and submit to the Retirement
Board a written set of findings and recommendations not
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later than 6 months after the date of the enactment of
this Act regarding the appropriateness and adequacy of
the Retirement Board’s fiduciary, management, and in-
vestment practices and procedures.
(b) QUALIFICATIONS FOR FIRM.—A firm meets the
qualifications described in this subsection if the firm has
a demonstrated expertise in the areas of investment and
investment consulting, particularly with respect to includ-
ing but not limited to—
(1) the review and analysis of the investment
portfolios of large public pension funds;
(2) the investment practices of the managers of
such funds;
(3) the relationship of such practices to the fi-
duciary responsibilities of the managers of such
funds; and
(4) the analysis of the investment returns
achieved by such funds on both an absolute and
risk-adjusted basis.
(c) REPORT TO CONGRESS.—Not later than 30 days
after receiving the findings and recommendations provided
under subsection (a), the Retirement Board shall submit
a report to the Committee on the District of Columbia
of the House of Representatives, the Committee on Gov-
ernmental Affairs of the Senate, and the Committees on
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Appropriations of the House of Representatives and the
Senate on the findings and recommendations.
(d) EXPENDITURE
OF
FUNDS.—The Retirement
Board shall spend not less than to exceed $250,000 from
investment earnings to carry out this section. No addi-
tional funds may be provided by the Mayor of the District
of Columbia to the Retirement Board to carry out this
section.
MUNICIPAL FISH WHARF
SEC. 136. None of the funds appropriated in this Act
shall be obligated or expended on any proposed change in
either the use or configuration of, or on any proposed im-
provement to, the Municipal Fish Wharf until such pro-
posed change or improvement has been reviewed and ap-
proved by Federal and local authorities including, but not
limited to, the National Capital Planning Commission, the
Commission of Fine Arts, and the Council of the District
of Columbia, in compliance with applicable local and Fed-
eral laws which require public hearings, compliance with
applicable environmental regulations including, but not
limited to, any amendments to the Washington, D.C.
urban renewal plan which must be approved by both the
Council of the District of Columbia and the National Cap-
ital Planning Commission.
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FINANCIAL REPORTING
SEC. 137. (a) SUBMISSION OF QUARTERLY FINAN-
CIAL REPORTS.—Not later than fifteen days after the end
of every calendar quarter (beginning October 1, 1994), the
Mayor shall submit to the Committee on the District of
Columbia of the House of Representatives, the Committee
on Governmental Affairs of the Senate, and the Sub-
committees on District of Columbia Appropriations of the
House of Representatives and the Senate a report on the
financial and budgetary status of the government of the
District of Columbia for the previous quarter.
(b) CONTENTS OF REPORT.—Each report submitted
under subsection (a) with respect to a quarter shall in-
clude the following information:
(1) A comparison of actual to forecasted cash
receipts and disbursements for each month of that
quarter, as presented in the District’s fiscal year
consolidated cash forecast;
(2) A projection of the remaining months’ cash
forecast for that fiscal year;
(3) Explanations of (a) the differences between
actual and forecasted cash amounts for each of the
months in the quarter, and (b) the changes in the
remaining months’ forecast as compared to the origi-
nal forecast for those months of that fiscal year; and
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(4) The effect of these changes, actual and pro-
jected, on the total cash balance of the remaining
months and for the fiscal year; and
(5) Explanation of the impact on meeting the
budget; how the results may be reflected in a supple-
mental budget request, or how other policy decisions
may be necessary which may require the agencies to
reduce expenditures in other areas.
SPENDING REDUCTIONS
SEC. 138. (a) REDUCTION IN FISCAL YEAR 1995 EX-
PENSES.—
(1) IN GENERAL.—In addition to any other re-
duction required by this Act, the total amount ap-
propriated in this title for the District of Columbia
for fiscal year 1995 under the caption ‘‘Division of
Expenses’’ is hereby reduced by $150,000,000
$75,000,000. The reduction shall be allocated by the
Mayor of the District among the various appropria-
tion headings under such caption (excluding the
‘‘Rainy Day Fund’’) and shall be taken only from
expenses for personal and nonpersonal services.
(2) REPORTING REQUIREMENTS.—
(A) IMPLEMENTATION
PLAN.—Not later
than 30 days after the date of the enactment of
this Act, the Mayor of the District of Columbia
shall submit to the Congress a report setting
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forth a detailed plan for the implementation of
the reduction made by paragraph (1).
(B) PLAN REVISIONS.—The Mayor may at
any time revise the implementation plan sub-
mitted under subparagraph (A). Not later than
30 days after making any such revision, the
Mayor shall submit to the Congress a report
setting forth a detailed description and jus-
tification of such revision.
(C) REVISED CASH FLOW STATEMENTS.—
Each report required by subparagraph (A) or
(B) shall include a revised consolidated cash
flow statement for the government of the Dis-
trict of Columbia that incorporates the reduc-
tion made by paragraph (1) and the allocation
of the reduction under the plan or plan revi-
sions submitted under this paragraph. Each re-
port shall include such revised cash flow state-
ments of the various funds, including but not
limited to, the general fund, enterprise funds,
trust and agency funds, and component unit
funds, as may be affected by the revision.
(D) SUPPLEMENTAL
BUDGET
SUBMIS-
SION.—Any supplemental budget request for
fiscal year 1995 submitted by the District to
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the Congress shall incorporate the reduction
made by paragraph (1) and the allocation of
the reduction under the plan or plan revisions
submitted under this paragraph.
(b) ANNUAL LIMITATION ON OUTLAYS.—
(1) AGGREGATE
LIMITATION.—The total out-
lays of the government of the District of Columbia
during fiscal year 1995 shall not exceed the total re-
ceipts collected by the government during such fiscal
year.
(2) INDIVIDUAL FUND LIMITATIONS.—The total
outlays of the government of the District of Colum-
bia from the general fund, or from any special fund,
of the District during fiscal year 1995 shall not ex-
ceed the total receipts collected by the government
and paid into such fund during such fiscal year.
(c) ENFORCEMENT.—
(1) TIMING OF ANNUAL FEDERAL PAYMENT.—
The annual Federal payment to the District of Co-
lumbia authorized by section 502(a) of the District
of Columbia Self-Government and Governmental Re-
organization Act for fiscal year 1996 shall not be
made until the Secretary of the Treasury has re-
ceived from the Mayor of the District a certification
of the total outlays of, and total receipts collected
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by, the government of the District during the pre-
ceding fiscal year.
(2) REDUCTION
OF
ANNUAL
FEDERAL
PAY-
MENT.—The amount of any annual Federal payment
subject to paragraph (1) shall be reduced by the
amount (if any) by which the outlays described in
such paragraph exceed the receipts described in such
paragraph.
(d) (c) APPLICABILITY.—The provisions of this sec-
tion shall apply hereafter, notwithstanding any other pro-
vision of law to the contrary.
PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS
SEC. 139. SENSE OF CONGRESS.—It is the sense of
the Congress that, to the greatest extent practicable, all
equipment and products purchased with funds made avail-
able in this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any en-
tity using funds made available in this Act, the head of
each agency of the Federal or District of Columbia govern-
ment, to the greatest extent practicable, shall provide to
such entity a notice describing the statement made in sub-
section (a) by the Congress.
SEC. 140. No funds made available pursuant to any
provision of this Act shall be used to implement or enforce