IB
Union Calendar No. 378
105TH CONGRESS
2D SESSION
H. R. 4380
[Report No. 105–670]
Making appropriations for the government of the District of Columbia and
other activities chargeable in whole or in part against revenues of said
District for the fiscal year ending September 30, 1999, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 3, 1998
Mr. TAYLOR, 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 revenues of said District for the fiscal
year ending September 30, 1999, 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, 1999, and for other purposes, namely:
FEDERAL FUNDS
METRORAIL IMPROVEMENTS AND EXPANSION
For a Federal contribution to the Washington Metro-
politan Area Transit Authority for improvements and ex-
pansion of the Mount Vernon Square Metrorail station lo-
cated at the site of the proposed Washington Convention
Center project, $25,000,000, to remain available until ex-
pended.
NATION’S CAPITAL INFRASTRUCTURE FUND
For a Federal contribution to the District of Colum-
bia towards the costs of infrastructure needs, which shall
be deposited into an escrow account of the District of Co-
lumbia Financial Responsibility and Management Assist-
ance Authority and disbursed by the Authority from such
account for the repair and maintenance of roads, high-
ways, bridges, and transit in the District of Columbia,
$21,000,000, to remain available until expended.
ENVIRONMENTAL STUDY AND RELATED ACTIVITIES AT
LORTON CORRECTIONAL COMPLEX
For a Federal contribution for an environmental
study and related activities at the Lorton Correctional
Complex, to be transferred to the Federal agency with au-
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thority over the Complex, $7,000,000, to remain available
until expended.
OFFENDER SUPERVISION, DEFENDER, AND COURT
SERVICES AGENCY
For a Federal contribution for the District of Colum-
bia Offender Supervision, Defender, and Court Services
Agency for establishment of a residential sanctions center
and drug testing, intervention, and treatment, to be used
to ensure adequate response to persons who violate condi-
tions of supervision and to implement recommendations
of the District of Columbia Truth-in-Sentencing Commis-
sion, $4,000,000.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA
CORRECTIONS TRUSTEE OPERATIONS
For payment to the District of Columbia Corrections
Trustee, $184,800,000 for the administration and oper-
ation of correctional facilities and for the administrative
operating costs of the Office of the Corrections Trustee,
as authorized by section 11202 of the National Capital
Revitalization and Self-Government Improvement Act of
1997, Public Law 105–33.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA
COURTS
Notwithstanding 
any 
other 
provision 
of 
law,
$142,000,000 for payment to the Joint Committee on Ju-
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dicial Administration in the District of Columbia; of which
not to exceed $121,000,000 shall be for District of Colum-
bia Courts operation, and not to exceed $21,000,000, to
remain available until September 30, 2001, shall be for
capital improvements for District of Columbia courthouse
facilities: Provided, That said sums shall be paid quarterly
by the Treasury of the United States based on quarterly
apportionments approved by the Office of Management
and Budget, with payroll and financial services to be pro-
vided on a contractual basis with the General Services Ad-
ministration, said services to include the preparation and
submission of monthly financial reports to the President
and the Committees on Appropriations of the Senate and
House of Representatives, the Committee on Govern-
mental Affairs of the Senate, and the Committee on Gov-
ernment Reform and Oversight of the House of Represent-
atives.
DISTRICT OF COLUMBIA OFFENDER SUPERVISION,
DEFENDER, AND COURT SERVICES AGENCY
For payment to the District of Columbia Offender
Supervision, Defender, and Court Services Agency,
$59,400,000, as authorized by the National Capital Revi-
talization and Self-Government Improvement Act of 1997,
Public Law 105–33; of which $33,802,000 shall be for
necessary expenses of Parole Revocation, Adult Probation
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and Offender Supervision; $14,486,000 shall be available
to the Public Defender Service; and $11,112,000 shall be
available to the Pretrial Services Agency.
FEDERAL PAYMENT FOR METROPOLITAN POLICE
DEPARTMENT
For payment to the Metropolitan Police Department,
$1,200,000, for the administration and operating costs of
the Citizen Complaint Review Office.
FEDERAL PAYMENT FOR FIRE DEPARTMENT
For payment to the Fire Department, $3,240,000,
for a 5.5 percent pay increase to be effective and paid to
firefighters beginning October 1, 1998.
FEDERAL PAYMENT FOR BOYS TOWN U.S.A.
For a Federal contribution to the Board of Trustees
of Boys Town U.S.A. for expansion of the operations of
Boys Town of Washington, located at 4801 Sargent Road,
Northeast, $4,000,000, to remain available until ex-
pended, to be paid upon certification by the Inspector Gen-
eral of the District of Columbia that $3,100,000 in match-
ing funds from private contributions have been collected
by Boys Town of Washington.
FEDERAL PAYMENT TO HISTORICAL SOCIETY FOR CITY
MUSEUM
For a Federal payment to the Historical Society of
Washington, D.C., for the establishment and operation of
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a Museum of the City of Washington, D.C. at the Carne-
gie Library at Mount Vernon Square, $2,000,000, to re-
main available until expended, to be deposited in a sepa-
rate account of the Society used exclusively for the estab-
lishment and operation of such Museum: Provided, That
the Secretary of the Treasury shall make such payment
in quarterly installments, and the amount of the install-
ment for a quarter shall be equal to the amount of match-
ing funds that the Society has deposited into such account
for the quarter (as certified by the Inspector General of
the District of Columbia): Provided further, That notwith-
standing any other provision of law, not later than Janu-
ary 1, 1999, the District of Columbia shall enter into an
agreement with the Society under which the District of
Columbia shall lease the Carnegie Library at Mount Ver-
non Square to the Society beginning on such date for 99
years at a rent of $1 per year for use as a city museum.
UNITED STATES PARK POLICE
For a Federal payment to the United States Park
Police, $8,500,000, to acquire, modify and operate a heli-
copter and to make necessary capital expenditures to the
Park Police aviation unit base.
FEDERAL PAYMENT FOR WATERFRONT IMPROVEMENTS
For a Federal payment to the District of Columbia
Department of Housing and Community Development for
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a study by the U.S. Army Corps of Engineers of necessary
improvements to the Southwest Waterfront in the District
of Columbia (including upgrading marina dock pilings and
paving and restoring walkways in the marina and fish
market areas) for the portions of Federal property in the
Southwest quadrant of the District of Columbia that con-
sist of Lots 847 and 848, a portion of Lot 846, and the
unassessed Federal real property adjacent to Lot 848 in
Square 473, and for carrying out the improvements rec-
ommended by the study, $3,000,000: Provided, That no
portion of such funds shall be available to the District of
Columbia for carrying out such improvements unless the
District of Columbia executes a 30-year lease with the ex-
isting lessees, or with their successors in interest, of such
portions of property not later than 90 days after the date
of enactment of this Act.
FEDERAL PAYMENT FOR MENTORING SERVICES
For a Federal payment to the International Youth
Service and Development Corps, Inc. for a mentoring pro-
gram for at-risk children in the District of Columbia,
$200,000: Provided, That the International Youth Service
and Development Corps, Inc. shall submit to the Commit-
tees on Appropriations of the House of Representatives
and the Senate an annual report on the activities carried
out with such funds due November 30 of each year.
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FEDERAL PAYMENT FOR HOTLINE SERVICES
For a Federal payment to the International Youth
Service and Development Corps, Inc. for the operation of
a resource hotline for low-income individuals in the Dis-
trict of Columbia, $50,000: Provided, That the Inter-
national Youth Service and Development Corps, Inc. shall
submit to the Committees on Appropriations of the House
of Representatives and the Senate an annual report on
the activities carried out with such funds due November
30 of each year.
FEDERAL PAYMENT FOR PUBLIC EDUCATION
For a Federal contribution to the public education
system for public charter schools, $20,391,000.
DISTRICT OF COLUMBIA FUNDS
OPERATING EXPENSES
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, $164,144,000
(including $136,485,000 from local funds, $13,955,000
from Federal funds, and $13,704,000 from other funds):
Provided, That not to exceed $2,500 for the Mayor,
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$2,500 for the Chairman of the Council of the District
of Columbia, and $2,500 for the Chief Management Offi-
cer shall be available from this appropriation for official
purposes: Provided further, That any program fees col-
lected 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 no reve-
nues from Federal sources shall be used to support the
operations or activities of the Statehood Commission and
Statehood Compact Commission: Provided further, That
the District of Columbia shall identify the sources of fund-
ing for Admission to Statehood from its own locally-gen-
erated revenues: Provided further, That all employees per-
manently assigned to work in the Office of the Mayor shall
be paid from funds allocated to the Office of the Mayor.
ECONOMIC DEVELOPMENT AND REGULATION
Economic development and regulation, $159,039,000
(including $45,162,000 from local funds, $83,365,000
from Federal funds, and $30,512,000 from other funds),
of which $12,000,000 collected by the District of Colum-
bia in the form of BID tax revenue shall be paid to the
respective BIDS pursuant to the Business Improvement
Districts Act of 1996 (D.C. Law 11–134; D.C. Code, sec.
1–2271 et seq.), and the Business Improvement Districts
Temporary Amendment Act of 1997 (D.C. Law 12–23):
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Provided, That such funds are available for acquiring serv-
ices provided by the Federal General Services Administra-
tion: Provided further, That Business Improvement Dis-
tricts shall be exempt from taxes levied by the District
of Columbia.
PUBLIC SAFETY AND JUSTICE
Public safety and justice, including purchase or lease
of 135 passenger-carrying vehicles for replacement only,
including 130 for police-type use and five for fire-type use,
without regard to the general purchase price limitation for
the 
current 
fiscal 
year, 
$755,786,000 
(including
$531,660,000 from local funds, $30,327,000 from Federal
funds, and $193,799,000 from other funds): Provided,
That the Metropolitan Police Department is authorized to
replace not to exceed 25 passenger-carrying vehicles and
the Department of Fire and Emergency Medical Services
of the District of Columbia is authorized to replace not
to exceed five passenger-carrying vehicles annually when-
ever the cost of repair to any damaged vehicle exceeds
three-fourths of the cost of the replacement: Provided fur-
ther, That not to exceed $500,000 shall be available from
this appropriation for the Chief of Police for the preven-
tion and detection of crime: Provided further, That the
Metropolitan Police Department shall provide quarterly
reports to the Committees on Appropriations of the House
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and Senate on efforts to increase efficiency and improve
the professionalism in the department: Provided further,
That notwithstanding any other provision of law, or May-
or’s Order 86–45, issued March 18, 1986, the Metropoli-
tan Police Department’s delegated small purchase author-
ity shall be $500,000: Provided further, That the District
of Columbia government may not require the Metropolitan
Police Department to submit to any other procurement re-
view 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 the Mayor shall reim-
burse 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-
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 emer-
gency services involved: Provided further, That the Metro-
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politan Police Department is authorized to maintain 3,800
sworn officers, with leave for a 50 officer attrition: Pro-
vided further, That no more than 15 members of the Met-
ropolitan Police Department shall be detailed or assigned
to the Executive Protection Unit, until the Chief of Police
submits a recommendation to the Council for its review:
Provided further, That $100,000 shall be available for in-
mates released on medical and geriatric parole: Provided
further, That commencing on December 31, 1998, the
Metropolitan Police Department shall provide to the Com-
mittees on Appropriations of the Senate and House of
Representatives, the Committee on Governmental Affairs
of the Senate, and the Committee on Government Reform
and Oversight of the House of Representatives, quarterly
reports on the status of crime reduction in each of the
83 police service areas established throughout the District
of Columbia: Provided further, That funds appropriated
for expenses under the District of Columbia Criminal Jus-
tice 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, 1999, shall be avail-
able for obligations incurred under the Act in each fiscal
year since inception in the fiscal year 1975: Provided fur-
ther, That funds appropriated for expenses under the Dis-
trict of Columbia Neglect Representation Equity Act of
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1984, effective March 13, 1985 (D.C. Law 5–129; D.C.
Code, sec. 16–2304), for the fiscal year ending September
30, 1999, shall be available for obligations incurred under
the Act in each fiscal year since inception in the fiscal
year 1985: Provided further, That funds appropriated 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, 1999, shall be available for obligations in-
curred under the Act in each fiscal year since inception
in fiscal year 1989.
PUBLIC EDUCATION SYSTEM
Public education system, including the development
of national defense education programs, $793,725,000 (in-
cluding $640,135,000 from local funds, $130,638,000
from Federal funds, and $22,952,000 from other funds),
to be allocated as follows: $644,805,000 (including
$545,000,000 from local funds, $95,121,000 from Federal
funds, and $4,684,000 from other funds), for the public
schools of the District of Columbia; $18,600,000 from
local funds for the District of Columbia Teachers’ Retire-
ment Fund; $32,626,000 (including $12,235,000 from
local funds and $20,391,000 from Federal funds not in-
cluding funds already made available for District of Co-
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lumbia public schools) for public charter schools: Provided,
That if the entirety of this allocation has not been pro-
vided as payments to any public charter schools currently
in operation through the per pupil funding formula, the
funds shall be available for new public charter schools on
a per pupil basis: Provided further, That $485,000 be
available to the District of Columbia Public Charter
School Board for administrative costs: Provided further,
That if the entirety of this allocation has not been pro-
vided as payment to one or more public charter schools
by May 1, 1999, and remains unallocated, the funds shall
be deposited into a special revolving loan fund described
in section 172 of Public Law 95–100 (111 Stat. 2191),
to be used solely to assist existing or new public charter
schools in meeting startup and operating costs: Provided
further, That the Emergency Transitional Education
Board of Trustees of the District of Columbia shall report
to Congress not later than 120 days after the date of en-
actment of this Act on the capital needs of each public
charter school and whether the current per pupil funding
formula should reflect these needs: Provided further, That
until the Emergency Transitional Education Board of
Trustees reports to Congress as provided in the preceding
proviso, the Emergency Transitional Education Board of
Trustees shall take appropriate steps to provide public
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charter schools with assistance to meet capital expenses
in a manner that is equitable with respect to assistance
provided to other District of Columbia public schools: Pro-
vided further, That the Emergency Transitional Education
Board of Trustees shall report to Congress not later than
November 1, 1998, on the implementation of their policy
to give preference to newly created District of Columbia
public charter schools for surplus public school property;
$72,088,000 (including $40,148,000 from local funds,
$14,079,000 from Federal funds, and $17,861,000 from
other funds) for the University of the District of Colum-
bia; $23,419,000 (including $22,326,000 from local funds,
$686,000 from Federal funds and $407,000 from other
funds) for the Public Library; $2,187,000 (including
$1,826,000 from local funds and $361,000 from Federal
funds) for the Commission on the Arts and Humanities:
Provided further, 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 Superintendent of Schools, $2,500 for the President
of the University of the District of Columbia, and $2,000
for the Public Librarian shall be available from this appro-
priation for official purposes: Provided further, That in
using funds for repair and improvement of the District
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of Columbia’s public school facilities made available under
this or any other Act, the District of Columbia Financial
Responsibility and Management Assistance Authority (or
its designee) may place orders for engineering and con-
struction and related services with the U.S. Army Corps
of Engineers: Provided further, That the U.S. Army Corps
of Engineers may accept such orders on a reimbursable
basis and may provide any part of the services under such
orders by contract. In providing such services, the U.S.
Army Corps of Engineers shall follow the Federal Acquisi-
tions Regulation and the implementing regulations of the
Department of Defense: Provided further, That $244,078
shall be used to reimburse the National Capital Area
Council of the Boy Scouts of America for services provided
on behalf of 12,600 students at 39 public schools in the
District of Columbia during fiscal year 1998 (including
staff, curriculum, and support materials): Provided fur-
ther, That the Inspector General of the District of Colum-
bia shall certify not later than 30 days after the date of
the enactment of this Act whether or not the services were
so provided: Provided further, That the reimbursement
shall be made not later than 15 days after the Inspector
General certifies that the services were provided: Provided
further, That up to $500,000 shall be available for services
provided by the National Capital Area Council of the Boy
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Scouts of America for services provided at 78 schools in
the District of Columbia during fiscal year 1999 (includ-
ing staff, curriculum, and support materials): Provided
further, That none of the funds contained in this Act may
be made available to pay the salaries of any District of
Columbia Public School teacher, principal, administrator,
official, or employee who provides false enrollment or at-
tendance information under article II, section 5 of the Act
entitled ‘‘An Act to provide for compulsory school attend-
ance, for the taking of a school census in the District of
Columbia, and for other purposes’’, approved February 4,
1925 (DC Code, sec. 31–401 et seq.): Provided further,
That funds in this Act shall not be available for pay raises
to teachers in the District of Columbia Public Schools who
have not passed competency tests in literacy, communica-
tions, and subject matter skills: Provided further, That
this appropriation shall not be available to subsidize the
education of any nonresident of the District of Columbia
at any District of Columbia public elementary or second-
ary school during fiscal year 1999 unless the nonresident
pays tuition to the District of Columbia at a rate that
covers 100 percent of the costs incurred by the District
of Columbia which are attributable to the education of the
nonresident (as established by the Superintendent of the
District of Columbia Public Schools): Provided further,
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That this appropriation 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 Co-
lumbia adopts, for the fiscal year ending September 30,
1999, 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 in-
stitutions of higher education in the metropolitan area.
HUMAN SUPPORT SERVICES
Human support services, $1,514,751,000 (including
$614,679,000 from local funds, $886,682,000 from Fed-
eral funds, and $13,390,000 from other funds): Provided,
That $21,089,000 of this appropriation, to remain avail-
able until expended, shall be available solely for District
of Columbia employees’ disability compensation: Provided
further, That a peer review committee shall be established
to review medical payments and the type of service re-
ceived by a disability compensation claimant: Provided fur-
ther, That the District of Columbia shall not provide free
government services such as water, sewer, solid waste dis-
posal or collection, utilities, maintenance, repairs, or simi-
lar services to any legally constituted private nonprofit or-
ganization, as defined in section 411(5) of the Stewart B.
McKinney Homeless Assistance Act (Public Law 100–77;
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42 U.S.C. 11371), providing emergency shelter services in
the District, if the District would not be qualified to re-
ceive reimbursement pursuant to such Act (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 leasing of passenger-carrying vehicles,
$266,912,000 (including $257,242,000 from local funds,
$3,216,000 from Federal funds, and $6,454,000 from
other funds): Provided, That this appropriation shall not
be available for collecting ashes or miscellaneous refuse
from hotels and places of business.
WASHINGTON CONVENTION CENTER FUND TRANSFER
PAYMENT
For payment to the Washington Convention Center,
$5,400,000 from local funds.
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-
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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 Home Rule Act,
approved December 24, 1973, as amended (87 Stat. 821;
Public Law 93–198; D.C. Code, sec. 47–321, note; 91
Stat. 1156; Public Law 95–131; D.C. Code, sec. 9–219,
note), 
including 
interest 
as 
required 
thereby,
$382,170,000 from local funds.
REPAYMENT OF GENERAL FUND RECOVERY DEBT
For the purpose of eliminating the $331,589,000
general fund accumulated deficit as of September 30,
1990, $38,453,000 from local funds, as authorized by sec-
tion 461(a) of the District of Columbia Home Rule Act,
approved December 24, 1973, as amended (105 Stat. 540;
Public Law 102–106; D.C. Code, sec. 47–321(a)(1)).
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PAYMENT OF INTEREST ON SHORT-TERM BORROWING
For payment of interest on short-term borrowing,
$11,000,000.
CERTIFICATES OF PARTICIPATION
For lease payments in accordance with the Certifi-
cates of Participation involving the land site underlying
the building located at One Judiciary Square, $7,926,000.
HUMAN RESOURCES DEVELOPMENT
For human resources development, $6,674,000.
PRODUCTIVITY SAVINGS
The Chief Financial Officer of the District of Colum-
bia shall, under the direction of the District of Columbia
Financial Responsibility and Management Assistance Au-
thority, make reductions of $10,000,000 in local funds to
one or more of the appropriation headings in this Act for
productivity savings.
RECEIVERSHIP PROGRAMS
For agencies of the District of Columbia government
under court ordered receivership, $318,979,000 (including
$188,439,000 from local funds, $96,691,000 from Federal
funds, and $33,849,000 from other funds).
DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY
AND MANAGEMENT ASSISTANCE AUTHORITY
For the District of Columbia Financial Responsibility
and Management Assistance Authority, established by sec-
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tion 101(a) of the District of Columbia Financial Respon-
sibility and Management Assistance Act of 1995, approved
April 17, 1995 (109 Stat. 97; Public Law 104–8),
$7,840,000: Provided, That none of the funds contained
in this Act may be used to pay the compensation of the
Executive Director or General Counsel of the Authority
during any period after April 1, 1999, for which such indi-
vidual has not repaid the Treasury of the District of Co-
lumbia for compensation paid during any fiscal year which
is determined by the Comptroller General (as described
in GAO letter report B–279095.2) to have been paid in
excess of the maximum rate of compensation which may
be paid to such individual during such year under section
102 of such Act: Provided further, That none of the funds
contained in this Act may be used to pay any compensa-
tion of the Executive Director or General Counsel of the
Authority at a rate in excess of the maximum rate of com-
pensation which may be paid to such individual during fis-
cal year 1999 under section 102 of such Act, as deter-
mined by the Comptroller General (as described in GAO
letter report B–279095.2): Provided further, That not
later than 5 calendar days after the end of each month
(beginning with September 1998), the Authority shall pro-
vide to the Chief Financial Officer of the District of Co-
lumbia a statement of the balance of each account held
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by the Authority as of the end of the month, together with
a description of the activities within each such account
during the month: Provided further, That none of the
funds contained in this or any other Act may be used to
pay the salary or expenses of any officer or employee of
the Authority who is required to provide information
under the preceding proviso and who fails to provide such
information in accordance with such proviso.
WATER AND SEWER AUTHORITY AND THE WASHINGTON
AQUEDUCT
For the Water and Sewer Authority and the Wash-
ington Aqueduct, $273,314,000 from other funds (includ-
ing $239,493,000 for the Water and Sewer Authority and
$33,821,000 for the Washington Aqueduct) of which
$39,933,000 shall be apportioned and payable to the Dis-
trict’s debt service fund for repayment of loans and inter-
est incurred for capital improvement projects.
LOTTERY AND CHARITABLE GAMES CONTROL BOARD
For the Lottery and Charitable Games Control
Board, 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
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of Columbia, effective March 10, 1981 (D.C. Law 3–172;
D.C. Code, secs. 2–2501 et seq. and 22–1516 et seq.),
$225,200,000: Provided, That the District of Columbia
shall identify the source of funding for this appropriation
title from the District’s own locally generated revenues:
Provided further, That no revenues from Federal sources
shall be used to support the operations or activities 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.), $2,108,000 from other funds.
PUBLIC SERVICE COMMISSION
For the Public Service Commission, $5,026,000 (in-
cluding $252,000 from Federal funds and $4,774,000
from other funds).
OFFICE OF THE PEOPLE’S COUNSEL
For the Office of the People’s Counsel, $2,501,000
from other funds.
DEPARTMENT OF INSURANCE AND SECURITIES
REGULATION
For the Department of Insurance and Securities Reg-
ulation, $7,001,000 from other funds.
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OFFICE OF BANKING AND FINANCIAL INSTITUTIONS
For the Office of Banking and Financial Institutions,
$640,000 (including $390,000 from local funds and
$250,000 from other funds).
STARPLEX FUND
For the Starplex Fund, $8,751,000 from other funds
for 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.): Provided,
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 Home Rule Act,
approved December 24, 1973 (87 Stat. 824; Public Law
93–198; D.C. Code, sec. 47–301(b)).
D.C. GENERAL HOSPITAL (PUBLIC BENEFIT
CORPORATION)
For the District of Columbia General Hospital, estab-
lished by Reorganization Order No. 57 of the Board of
Commissioners, effective August 15, 1953, $113,599,000
of which $46,835,000 shall be derived by transfer from
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the general fund, and $66,764,000 shall be derived from
other funds.
D.C. RETIREMENT BOARD
For the D.C. Retirement Board, established by sec-
tion 121 of the District of Columbia Retirement Reform
Act of 1979, approved November 17, 1979 (93 Stat. 866;
D.C. Code, sec. 1–711), $18,202,000 from the earnings
of the applicable retirement funds to pay legal, manage-
ment, investment, and other fees and administrative ex-
penses of the District of Columbia Retirement Board: Pro-
vided, 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
Board shall provide the Mayor, for transmittal to the
Council of the District of Columbia, an itemized account-
ing 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.
CORRECTIONAL INDUSTRIES FUND
For the Correctional Industries Fund, established by
the District of Columbia Correctional Industries Estab-
lishment Act, approved October 3, 1964 (78 Stat. 1000;
Public Law 88–622), $3,332,000 from other funds.
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WASHINGTON CONVENTION CENTER ENTERPRISE FUND
For the Washington Convention Center Enterprise
Fund, $53,539,000, of which $5,400,000 shall be derived
by transfer from the general fund.
CAPITAL OUTLAY
(INCLUDING RESCISSIONS)
For construction projects, a net increase of
$1,711,160,737 (including a rescission of $114,430,742 of
which $24,437,811 is from local funds and $89,992,931
is from highway trust funds appropriated under this head-
ing in prior fiscal years, and an additional $1,825,591,479
of which $718,234,161 is from local funds, $24,452,538
is from the highway trust fund, and $1,082,904,780 is
from Federal funds), to remain available until expended:
Provided, That funds for use of each capital project imple-
menting agency shall be managed and controlled in ac-
cordance with all procedures and limitations established
under the Financial Management System: Provided fur-
ther, That all funds provided by this appropriation title
shall be available only for the specific projects and pur-
poses intended: Provided further, That notwithstanding
the foregoing, all authorizations for capital outlay
projects, except those projects covered by the first sen-
tence of section 23(a) of the Federal-Aid Highway Act of
1968, approved August 23, 1968 (82 Stat. 827; Public
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Law 90–495; D.C. Code, sec. 7–134, note), for which
funds are provided by this appropriation title, shall expire
on September 30, 2000, except authorizations for projects
as to which funds have been obligated in whole or in part
prior to September 30, 2000: Provided further, That upon
expiration of any such project authorization the funds pro-
vided herein for the project shall lapse.
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 of such appropria-
tions, the District of Columbia is directed to refund by
September 30, 1999, up to $17,800,000 of overpayments
collected by the District of Columbia Department of Pub-
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lic Works for parking ticket violations as reported by the
District of Columbia Auditor in a report dated March 19,
1998: Provided further, 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 District
of Columbia Income and Franchise Tax Act of 1947, ap-
proved 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.
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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. 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 Subcommittee on the Dis-
trict of Columbia of the House Committee on Government
Reform and Oversight, the Subcommittee on Oversight of
Government Management, Restructuring and the District
of Columbia of the Senate Committee on Governmental
Affairs, and the Council of the District of Columbia, or
their duly authorized representative.
SEC. 111. 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. 112. 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-
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feat legislation pending before Congress or any State legis-
lature.
SEC. 113. 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 borrowings and spending progress
compared with projections.
SEC. 114. 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. 115. The Mayor shall not expend any moneys
borrowed for capital projects for the operating expenses
of the District of Columbia government.
SEC. 116. 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-
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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.): Provided, That for the fiscal year ending Septem-
ber 30, 1999 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 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. 119. (a) Notwithstanding section 422(7) of the
District of Columbia Home Rule Act, approved December
24, 1973 (87 Stat. 790; Public Law 93–198; D.C. Code,
sec. 1–242(7)), the City Administrator shall be paid, dur-
ing any fiscal year, a salary at a rate established by the
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Mayor, not to exceed the rate established for level IV of
the Executive 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 1998 shall be deemed to be the rate of pay payable
for that position for September 30, 1998.
(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. 120. 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 Home Rule Act, approved December
24, 1973 (87 Stat. 790; Public Law 93–198; D.C. Code,
sec. 1–242(3)), shall apply with respect to the compensa-
tion of District of Columbia employees: Provided, That for
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pay purposes, employees of the District of Columbia gov-
ernment shall not be subject to the provisions of title 5,
United States Code.
SEC. 121. The Director of the Office of Property
Management may pay rentals and repair, alter, and im-
prove 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 circumstances 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, 1999,
the Mayor of the District of Columbia shall submit to the
Council of the District of Columbia the new fiscal year
1999 revenue estimates as of the end of the first quarter
of fiscal year 1999. These estimates shall be used in the
budget request for the fiscal year ending September 30,
2000. 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 re-
newed or extended without opening that contract to the
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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 Respon-
sibility and Management Assistance Authority.
SEC. 124. 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. 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 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. 126. (a) An entity of the District of Columbia
government may accept and use a gift or donation during
fiscal year 1999 if—
(1) the Mayor approves the acceptance and use
of the gift or donation, except that the Council of
the District of Columbia may accept and use gifts
without prior approval by the Mayor; and
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(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. 127. None of the Federal funds provided in this
Act may be used by the District of Columbia to provide
for salaries, expenses, or other costs associated with the
offices of United States Senator or United States Rep-
resentative under section 4(d) of the District of Columbia
Statehood Constitutional Convention Initiatives of 1979,
effective March 10, 1981 (D.C. Law 3–171; D.C. Code,
sec. 1–113(d)).
SEC. 128. The University of the District of Columbia
shall submit to the Congress, the Mayor, the District of
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Columbia Financial Responsibility and Management As-
sistance Authority, and the Council of the District of Co-
lumbia 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 expenditure projections versus budget
broken out on the basis of control center, respon-
sibility center, and object class, and for all funds,
non-appropriated funds, and capital financing;
(2) a list of each account for which spending is
frozen and the amount of funds frozen, broken out
by control center, responsibility center, detailed ob-
ject, and for all funding sources;
(3) a list of all active contracts in excess of
$10,000 annually, which contains the name of each
contractor; the budget to which the contract is
charged, broken out on the basis of control center
and responsibility center, and contract identifying
codes used by the University of the District of Co-
lumbia; payments made in the last month and year-
to-date, the total amount of the contract and total
payments made for the contract and any modifica-
tions, extensions, renewals; and specific modifica-
tions made to each contract in the last month;
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(4) all reprogramming requests and reports
that have been made by the University of the Dis-
trict of Columbia within the last month in compli-
ance with applicable law; and
(5) changes made in the last month to the orga-
nizational structure of the University of the District
of Columbia, displaying previous and current control
centers and responsibility centers, the names of the
organizational entities that have been changed, the
name of the staff member supervising each entity af-
fected, and the reasons for the structural change.
SEC. 129. Funds authorized or previously appro-
priated to the government of the District of Columbia by
this or any other Act to procure the necessary hardware
and installation of new software, conversion, testing, and
training to improve or replace its financial management
system are also available for the acquisition of accounting
and financial management services and the leasing of nec-
essary hardware, software or any other related goods or
services, as determined by the District of Columbia Finan-
cial Responsibility and Management Assistance Authority.
SEC. 130. (a) None of the funds contained in this
Act may be made available to pay the fees of an attorney
who represents a party who prevails in an action brought
against the District of Columbia Public Schools under the
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Home Rule Act) unless appropriated by Congress in an
annual appropriations Act.
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, cohabit-
ing couples (whether homosexual, heterosexual, or les-
bian), including but not limited to registration for the pur-
pose of extending employment, health, or governmental
benefits to such couples on the same basis that such bene-
fits are extended to legally married couples.
SEC. 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) cal-
endar days after the end of each month a report that sets
forth—
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(1) current month expenditures and obligations,
year-to-date expenditures and obligations, and total
fiscal year expenditure projections versus budget
broken out on the basis of control center, respon-
sibility center, agency reporting code, and object
class, and for all funds, including capital financing;
(2) a list of each account for which spending is
frozen and the amount of funds frozen, broken out
by control center, responsibility center, detailed ob-
ject, and agency reporting code, and for all funding
sources;
(3) a list of all active contracts in excess of
$10,000 annually, which contains the name of each
contractor; the budget to which the contract is
charged broken, out on the basis of control center,
responsibility center, and agency reporting code; and
contract identifying codes used by the D.C. Public
Schools; payments made in the last month and year-
to-date, the total amount of the contract and total
payments made for the contract and any modifica-
tions, extensions, renewals; and specific modifica-
tions made to each contract in the last month;
(4) all reprogramming requests and reports
that are required to be, and have been, submitted to
the Board of Education; and
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(5) changes made in the last month to the orga-
nizational structure of the D.C. Public Schools, dis-
playing previous and current control centers and re-
sponsibility centers, the names of the organizational
entities that have been changed, the name of the
staff member supervising each entity affected, and
the reasons for the structural change.
SEC. 135. (a) IN GENERAL.—The Emergency Tran-
sitional Education Board of Trustees of the District of
Columbia and the University of the District of Columbia
shall annually compile an accurate and verifiable report
on the positions and employees in the public school system
and the university, respectively. The annual report shall
set forth—
(1) the number of validated schedule A posi-
tions in the District of Columbia public schools and
the University of the District of Columbia for fiscal
year 1998, fiscal year 1999, and thereafter on full-
time equivalent basis, including a compilation of all
positions by control center, responsibility center,
funding source, position type, position title, pay
plan, grade, and annual salary; and
(2) a compilation of all employees in the Dis-
trict of Columbia public schools and the University
of the District of Columbia as of the preceding De-
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cember 31, verified as to its accuracy in accordance
with the functions that each employee actually per-
forms, by control center, responsibility center, agen-
cy reporting code, program (including funding
source), activity, location for accounting purposes,
job title, grade and classification, annual salary, and
position control number.
(b) SUBMISSION.—The annual report required by
subsection (a) of this section shall be submitted to the
Congress, the Mayor, the District of Columbia Council,
the Consensus Commission, and the Authority, not later
than February 15 of each year.
SEC. 136. (a) No later than October 1, 1998, or with-
in 15 calendar days after the date of the enactment of
this Act, which ever occurs later, and each succeeding
year, the Emergency Transitional Education Board of
Trustees and the University of the District of Columbia
shall submit to the appropriate congressional committees,
the Mayor, the District of Columbia Council, the Consen-
sus Commission, and the District of Columbia Financial
Responsibility and Management Assistance Authority, a
revised appropriated funds operating budget for the public
school system and the University of the District of Colum-
bia for such fiscal year that is in the total amount of the
approved appropriation and that realigns budgeted data
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for personal services and other-than-personal services, re-
spectively, with anticipated actual expenditures.
(b) The revised budget required by subsection (a) of
this section shall be submitted in the format of the budget
that the Emergency Transition Education Board of Trust-
ees and the University of the District of Columbia submit
to the Mayor of the District of Columbia for inclusion in
the Mayor’s budget submission to the Council of the Dis-
trict of Columbia pursuant to section 442 of the District
of Columbia Home Rule Act, Public Law 93–198, as
amended (D.C. Code, sec. 47–301).
SEC. 137. The Emergency Transitional Education
Board of Trustees, the Board of Trustees of the Univer-
sity of the District of Columbia, the Board of Library
Trustees, and the Board of Governors of the University
of the District of Columbia School of Law shall vote on
and approve their respective annual or revised budgets be-
fore submission to the Mayor of the District of Columbia
for inclusion in the Mayor’s budget submission to the
Council of the District of Columbia in accordance with sec-
tion 442 of the District of Columbia Home Rule Act, Pub-
lic Law 93–198, as amended (D.C. Code, sec. 47–301),
or before submitting their respective budgets directly to
the Council.
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SEC. 138. (a) CEILING ON TOTAL OPERATING EX-
PENSES.—
(1) IN GENERAL.—Notwithstanding any other
provision of law, the total amount appropriated in
this Act for operating expenses for the District of
Columbia for fiscal year 1999 under the caption
‘‘Division of Expenses’’ shall not exceed the lesser
of—
(A) the sum of the total revenues of the
District of Columbia for such fiscal year; or
(B) 
$5,216,689,000 
(of 
which
$132,912,000 shall be from intra-District funds
and $2,865,763,000 shall be from local funds),
which amount may be increased by the follow-
ing:
(i) proceeds of one-time transactions,
which are expended for emergency or un-
anticipated operating or capital needs ap-
proved by the District of Columbia Finan-
cial Responsibility and Management As-
sistance Authority; or
(ii) after notification to the Council,
additional expenditures which the Chief Fi-
nancial Officer of the District of Columbia
certifies will produce additional revenues
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during such fiscal year at least equal to
200 percent of such additional expendi-
tures, and that are approved by the Au-
thority.
(2) RESERVE FUND.—To the extent that the
sum of the total revenues of the District of Colum-
bia for such fiscal year exceed the total amount pro-
vided for in paragraph (2)(B), the Chief Financial
Officer of the District of Columbia, with the ap-
proval of the Authority, may credit up to ten percent
(10%) of the amount of such difference, not to ex-
ceed $3,300,000, to a reserve fund which may be ex-
pended for operating purposes in future fiscal years,
in accordance with the financial plans and budgets
for such years.
(3) ENFORCEMENT.—The Chief Financial Offi-
cer of the District of Columbia and the Authority
shall take such steps as are necessary to assure that
the District of Columbia meets the requirements of
this section, including the apportioning by the Chief
Financial Officer of the appropriations and funds
made available to the District during fiscal year
1999, except that the Chief Financial Officer may
not reprogram for operating expenses any funds de-
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rived from bonds, notes, or other obligations issued
for capital projects.
(b) ACCEPTANCE AND USE OF GRANTS NOT IN-
CLUDED IN CEILING.—
(1) IN GENERAL.—Notwithstanding subsection
(a), the Mayor, in consultation with the Chief Finan-
cial Officer, during a control year, as defined in sec-
tion 305(4) of the District of Columbia Financial
Responsibility and Management Assistance Act of
1995, approved April 17, 1995 (Public Law 104–8;
109 Stat. 152), may accept, obligate, and expend
Federal, private, and other grants received by the
District government that are not reflected in the
amounts appropriated in this Act.
(2) REQUIREMENT OF CHIEF FINANCIAL OFFI-
CER REPORT AND AUTHORITY APPROVAL.—No such
Federal, private, or other grant may be accepted, ob-
ligated, or expended pursuant to paragraph (1)
until—
(A) the Chief Financial Officer of the Dis-
trict of Columbia submits to the Authority a re-
port setting forth detailed information regard-
ing such grant; and
(B) the Authority has reviewed and ap-
proved the acceptance, obligation, and expendi-
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ture of such grant in accordance with review
and approval procedures consistent with the
provisions of the District of Columbia Financial
Responsibility and Management Assistance Act
of 1995.
(3) PROHIBITION ON SPENDING IN ANTICIPA-
TION OF APPROVAL OR RECEIPT.—No amount may
be obligated or expended from the general fund or
other funds of the District government in anticipa-
tion of the approval or receipt of a grant under
paragraph (2)(B) of this subsection or in anticipa-
tion of the approval or receipt of a Federal, private,
or other grant not subject to such paragraph.
(4) MONTHLY REPORTS.—The Chief Financial
Officer of the District of Columbia shall prepare a
monthly report setting forth detailed information re-
garding all Federal, private, and other grants sub-
ject to this subsection. Each such report shall be
submitted to the Council of the District of Columbia,
and to the Committees on Appropriations of the
House of Representatives and the Senate, not later
than 15 days after the end of the month covered by
the report.
(c) REPORT ON EXPENDITURES BY FINANCIAL RE-
SPONSIBILITY AND MANAGEMENT ASSISTANCE AUTHOR-
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ITY.—Not later than 20 calendar days after the end of
each fiscal quarter starting October 1, 1998, the Authority
shall submit a report to the Committees on Appropriations
of the House of Representatives and the Senate, the Com-
mittee on Government Reform and Oversight of the
House, and the Committee on Governmental Affairs of the
Senate providing an itemized accounting of all non-appro-
priated funds obligated or expended by the Authority for
the quarter. The report shall include information on the
date, amount, purpose, and vendor name, and a descrip-
tion of the services or goods provided with respect to the
expenditures of such funds.
(d) APPLICATION
OF EXCESS REVENUES.—Local
revenues collected in excess of amounts required to sup-
port appropriations in this Act for operating expenses for
the District of Columbia for fiscal year 1999 under the
caption ‘‘Division of Expenses’’ shall be applied first to
the elimination of the general fund accumulated deficit;
second to a reserve account not to exceed $250,000,000
to be used to finance seasonal cash needs (in lieu of short
term borrowings); third to accelerate repayment of cash
borrowed from the Water and Sewer Fund; and fourth to
reduce the outstanding long term debt.
SEC. 139. The District of Columbia Emergency
Transitional Education Board of Trustees shall, subject
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to the contract approval provisions of the District of Co-
lumbia Financial Responsibility and Management Assist-
ance Act of 1995 (Public Law 104–8)—
(1) develop a comprehensive plan to identify
and accomplish energy conservation measures to
achieve maximum cost-effective energy and water
savings;
(2) enter into innovate financing and contrac-
tual mechanisms including, but not limited to, utility
demand-side management programs, and energy sav-
ings performance contracts and water conservation
performance contracts so long as the terms of such
contracts do not exceed 25 years; and
(3) permit and encourage each department or
agency and other instrumentality of the District of
Columbia to participate in programs conducted by
any gas, electric or water utility of the management
of electricity or gas demand or for energy or water
conservation.
SEC. 140. (a) Notwithstanding any other provision
of law, rule, or regulation, an employee of the District of
Columbia public schools shall be—
(1) classified as an Educational Service em-
ployee;
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(2) placed under the personnel authority of the
Board of Education; and
(3) subject to all Board of Education rules.
(b) School-based personnel shall constitute a separate
competitive area from nonschool-based personnel who shall
not compete with school-based personnel for retention pur-
poses.
SEC. 141. (a) RESTRICTIONS ON USE OF OFFICIAL
VEHICLES.—(1) None of the funds made available by this
Act or by any other Act may be used to provide any officer
or employee of the District of Columbia with an official
vehicle unless the officer or employee uses the vehicle only
in the performance of the officer’s or employee’s official
duties. For purposes of this paragraph, the term ‘‘official
duties’’ does not include travel between the officer’s or em-
ployee’s residence and workplace (except in the case of a
police officer who resides in the District of Columbia).
(2) The Chief Financial Officer of the District of Co-
lumbia shall submit, by November 15, 1998, an inventory,
as of September 30, 1998, of all vehicles owned, leased
or operated by the District of Columbia government. The
inventory shall include, but not be limited to, the depart-
ment to which the vehicle is assigned; the year and make
of the vehicle; the acquisition date and cost; the general
condition of the vehicle; annual operating and mainte-
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nance costs; current mileage; and whether the vehicle is
allowed to be taken home by a District officer or employee
and if so, the officer or employee’s title and resident loca-
tion.
(b) SOURCE
OF PAYMENT
FOR EMPLOYEES DE-
TAILED WITHIN GOVERNMENT.—For purposes of deter-
mining the amount of funds expended by any entity within
the District of Columbia government during fiscal year
1999 and each succeeding fiscal year, any expenditures
of the District government attributable to any officer or
employee of the District government who provides services
which are within the authority and jurisdiction of the en-
tity (including any portion of the compensation paid to
the officer or employee attributable to the time spent in
providing such services) shall be treated as expenditures
made from the entity’s budget, without regard to whether
the officer or employee is assigned to the entity or other-
wise treated as an officer or employee of the entity.
SEC. 142. (a) COMPLIANCE WITH BUY AMERICAN
ACT.—None of the funds made available in this Act may
be expended by an entity unless the entity agrees that in
expending the funds the entity will comply with the Buy
American Act (41 U.S.C. 10a–10c).
(b) SENSE OF CONGRESS; REQUIREMENT REGARD-
ING NOTICE.—
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(1) PURCHASE OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—In the case of any equipment or
product that may be authorized to be purchased
with financial assistance provided using funds made
available in this Act, it is the sense of the Congress
that entities receiving the assistance should, in ex-
pending the assistance, purchase only American-
made equipment and products to the greatest extent
practicable.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—
In providing financial assistance using funds made
available in this Act, the head of each agency of the
Federal or District of Columbia government shall
provide to each recipient of the assistance a notice
describing the statement made in paragraph (1) by
the Congress.
(c) PROHIBITION
OF CONTRACTS WITH PERSONS
FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bear-
ing a ‘‘Made in America’’ inscription, or any inscription
with the same meaning, to any product sold in or shipped
to the United States that is not made in the United
States, the person shall be ineligible to receive any con-
tract or subcontract made with funds made available in
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this Act, pursuant to the debarment, suspension, and ineli-
gibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
SEC. 143. Notwithstanding any provision of any fed-
erally granted charter or any other provision of law, the
real property of the National Education Association lo-
cated in the District of Columbia shall be subject to tax-
ation by the District of Columbia in the same manner as
any similar organization.
SEC. 144. None of the funds contained in this or any
other Act may be used to pay the salary or expenses of
any officer or employee of any department or agency of
the District of Columbia government or of any entity with-
in the District of Columbia government who fails to pro-
vide information requested by the Chief Financial Officer
of the District of Columbia.
SEC. 145. None of the funds contained in this Act
may be used for purposes of the annual independent audit
of the District of Columbia government (including the Dis-
trict of Columbia Financial Responsibility and Manage-
ment Assistance Authority) for fiscal year 1999 unless—
(1) the audit is conducted (either directly or by
contract) by the Inspector General of the District of
Columbia; and
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(2) the audit includes a comparison of audited
actual year-end results with the revenues submitted
in the budget document for such year and the appro-
priations enacted into law for such year.
SEC. 146. 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 District of Co-
lumbia Financial Responsibility and Management Assist-
ance Authority (hereafter in this section referred to as
‘‘Authority’’). Appropriations made by this Act for such
programs or functions are conditioned only on the ap-
proval by the Authority of the required reorganization
plans.
SEC. 147. Notwithstanding any other provision of
law, rule, or regulation, the evaluation process and instru-
ments for evaluating District of Columbia public schools
employees shall be a non-negotiable item for collective bar-
gaining purposes.
SEC. 148. None of the funds contained in this Act
may be used by the District of Columbia Corporation
Counsel or any other officer or entity of the District gov-
ernment to provide assistance for any petition drive or civil
action which seeks to require Congress to provide for vot-
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ing representation in Congress for the District of Colum-
bia.
SEC. 149. The Residency Requirement Reinstatement
Amendment Act of 1998 (D.C. Act 12–340) is hereby re-
pealed.
SEC. 150. Notwithstanding any other provision of
this Act, no Federal funds appropriated under this Act
shall be used to carry out any program of distributing
sterile needles or syringes for the hypodermic injection of
any illegal drug.
This Act may be cited as the ‘‘District of Columbia
Appropriations Act, 1999’’.
Union Calendar No. 378
105TH CONGRESS
2D SESSION
H. R. 4380
[Report No. 105–670]
A BILL
Making appropriations for the government of the
District of Columbia and other activities charge-
able in whole or in part against revenues of said
District for the fiscal year ending September 30,
1999, and for other purposes.
AUGUST 3, 1998
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed