Union Calendar No. 312
103D CONGRESS
2D SESSION
H. R. 4649
[Report No. 103–558]
A BILL
Making appropriations for the government of the
District of Columbia and other activities charge-
able in whole or in part against the revenues of
said District for the fiscal year ending September
30, 1995, and for other purposes.
JUNE 24, 1994
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
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District of Columbia for the fiscal year ending September
30, 1995, and for other purposes, namely:
TITLE I
FISCAL YEAR 1995 APPROPRIATIONS
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA
For payment to the District of Columbia for the fiscal
year ending September 30, 1995, $667,930,000, as au-
thorized by section 502(a) of the District of Columbia
Self-Government and Governmental Reorganization Act,
Public Law 93–198, as amended (D.C. Code, sec. 47–
3406.1).
FEDERAL CONTRIBUTION TO RETIREMENT FUNDS
For the Federal contribution to the Police Officers
and Fire Fighters’, Teachers’, and Judges’ Retirement
Funds, as authorized by the District of Columbia Retire-
ment Reform Act, approved November 17, 1979 (93 Stat.
866; Public Law 96–122), $52,070,000.
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, $81,159,000:
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 City Administrator shall
be available from this appropriation for expenditures for
official purposes: Provided further, That any program fees
collected from the issuance of debt shall be available for
the payment of expenses of the debt management program
of the District of Columbia: Provided further, That not-
withstanding any other provision of law, there is hereby
appropriated from the earnings of the applicable retire-
ment funds $12,432,000 to pay legal, management, in-
vestment, and other fees and administrative expenses of
the District of Columbia Retirement Board: Provided fur-
ther, That the District of Columbia Retirement Board
shall provide to the Congress and to the Council of the
District of Columbia a quarterly report of the allocations
of charges by fund and of expenditures of all funds: Pro-
vided further, That the District of Columbia Retirement
Board shall provide the Mayor, for transmittal to the
Council of the District of Columbia, an item accounting
of the planned use of appropriated funds in time for each
annual budget submission and the actual use of such
funds in time for each annual audited financial report:
Provided further, That no revenues from Federal sources
shall be used to support the operations or activities of the
Statehood Commission and Statehood Compact Commis-
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sion: Provided further, That the District of Columbia shall
identify the sources of funding for Admission to Statehood
from its own locally generated revenues.
ECONOMIC DEVELOPMENT AND REGULATION
Economic development and regulation, $56,343,000:
Provided, That the District of Columbia Housing Finance
Agency, established by section 201 of the District of Co-
lumbia Housing Finance Agency Act, effective March 3,
1979 (D.C. Law 2–135; D.C. Code, sec. 45–2111), based
upon its capability of repayments as determined each year
by the Council of the District of Columbia from the Hous-
ing Finance Agency’s annual audited financial statements
to the Council of the District of Columbia, shall repay to
the general fund an amount equal to the appropriated ad-
ministrative costs plus interest at a rate of four percent
per annum for a term of 15 years, with a deferral of pay-
ments for the first three years: Provided further, That not-
withstanding the foregoing provision, the obligation to
repay all or part of the amounts due shall be subject to
the rights of the owners of any bonds or notes issued by
the Housing Finance Agency and shall be repaid to the
District of Columbia government only from available oper-
ating revenues of the Housing Finance Agency that are
in excess of the amounts required for debt service, reserve
funds, and operating expenses: Provided further, That
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upon commencement of the debt service payments, such
payments shall be deposited into the general fund of the
District of Columbia.
HUMAN RESOURCES DEVELOPMENT
Human resources development, $41,046,000.
PUBLIC SAFETY AND JUSTICE
Public safety and justice, including purchase of 135
passenger-carrying vehicles for replacement only, includ-
ing 130 for police-type use and five for fire-type use, with-
out regard to the general purchase price limitation for the
current fiscal year, $884,926,000: Provided, That the
Metropolitan Police Department is authorized to replace
not to exceed 25 passenger-carrying vehicles and the Fire
Department of the District of Columbia is authorized to
replace not to exceed five passenger-carrying vehicles an-
nually whenever the cost of repair to any damaged vehicle
exceeds three-fourths of the cost of the replacement: Pro-
vided further, That not to exceed $500,000 shall be avail-
able from this appropriation for the Chief of Police for
the prevention and detection of crime: Provided further,
That the Metropolitan Police Department shall provide
quarterly reports to the Committees on Appropriations of
the House and Senate on efforts to increase efficiency and
improve the professionalism in the department: Provided
further, That notwithstanding any other provision of law,
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or Mayor’s Order 86–45, issued March 18, 1986, the Met-
ropolitan Police Department’s delegated small purchase
authority shall be $500,000: Provided further, That the
District of Columbia government may not require the Met-
ropolitan Police Department to submit to any other pro-
curement review process, or to obtain the approval of or
be restricted in any manner by any official or employee
of the District of Columbia government, for purchases
that do not exceed $500,000: Provided further, That funds
appropriated for expenses under the District of Columbia
Criminal Justice Act, approved September 3, 1974 (88
Stat. 1090; Public Law 93–412; D.C. Code, sec. 11–2601
et seq.), for the fiscal year ending September 30, 1995,
shall be available for obligations incurred under the Act
in each fiscal year since inception in the fiscal year 1975:
Provided further, That funds appropriated for expenses
under the District of Columbia Neglect Representation
Equity Act of 1984, effective March 13, 1985 (D.C. Law
5–129; D.C. Code, sec. 16–2304), for the fiscal year end-
ing September 30, 1995, shall be available for obligations
incurred under the Act in each fiscal year since inception
in the fiscal year 1985: Provided further, That funds ap-
propriated for expenses under the District of Columbia
Guardianship, Protective Proceedings, and Durable Power
of Attorney Act of 1986, effective February 27, 1987
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(D.C. Law 6–204; D.C. Code, sec. 21–2060), for the fiscal
year ending September 30, 1995, shall be available for ob-
ligations incurred under the Act in each fiscal year since
inception in fiscal year 1989: Provided further, That not
to exceed $1,500 for the Chief Judge of the District of
Columbia Court of Appeals, $1,500 for the Chief Judge
of the Superior Court of the District of Columbia, and
$1,500 for the Executive Officer of the District of Colum-
bia Courts shall be available from this appropriation for
official purposes: Provided further, That the District of
Columbia shall operate and maintain a free, 24-hour tele-
phone information service whereby residents of the area
surrounding Lorton prison in Fairfax County, Virginia,
can promptly obtain information from District of Colum-
bia government officials on all disturbances at the prison,
including escapes, fires, riots, and similar incidents: Pro-
vided further, That the District of Columbia government
shall also take steps to publicize the availability of the 24-
hour telephone information service among the residents of
the area surrounding the Lorton prison: Provided further,
That not to exceed $100,000 of this appropriation shall
be used to reimburse Fairfax County, Virginia, and Prince
William County, Virginia, for expenses incurred by the
counties during the fiscal year ending September 30,
1995, in relation to the Lorton prison complex: Provided
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further, That such reimbursements shall be paid in all in-
stances in which the District requests the counties to pro-
vide police, fire, rescue, and related services to help deal
with escapes, fires, riots, and similar disturbances involv-
ing the prison: Provided further, That the Mayor shall re-
imburse 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.
PUBLIC EDUCATION SYSTEM
Public education system, including the development
of national defense education programs, $720,258,000, to
be allocated as follows: $542,682,000 for the public
schools of the District of Columbia; $87,100,000 shall be
allocated for the District of Columbia Teachers’ Retire-
ment Fund; $60,348,000 for the University of the District
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of Columbia; $21,260,000 for the Public Library, of which
$200,000 shall be transferred to the Children’s Museum;
$3,301,000 for the Commission on the Arts and Human-
ities; and $5,567,000 for the District of Columbia School
of Law: Provided, That the public schools of the District
of Columbia are authorized to accept not to exceed 31
motor vehicles for exclusive use in the driver education
program: Provided further, That not to exceed $2,500 for
the 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 expenditures for official purposes: Provided
further, 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 Dis-
trict of Columbia adopts, for the fiscal year ending Sep-
tember 30, 1995, 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 com-
parable public institutions of higher education in the met-
ropolitan area.
HUMAN SUPPORT SERVICES
Human support services, $898,034,000: Provided,
That $20,800,000 of this appropriation, to remain avail-
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able until expended, shall be available solely for District
of Columbia employees’ disability compensation: Provided
further, That the District shall not provide free govern-
ment services such as water, sewer, solid waste disposal
or collection, utilities, maintenance, repairs, or similar
services to any legally constituted private nonprofit organi-
zation (as defined in section 411(5) of Public Law 100–
77, approved July 22, 1987) providing emergency shelter
services in the District, if the District would not be quali-
fied to receive reimbursement pursuant to the Stewart B.
McKinney Homeless Assistance Act, approved July 22,
1987 (101 Stat. 485; Public Law 100–77; 42 U.S.C.
11301 et seq.).
PUBLIC WORKS
Public works, including rental of one passenger-car-
rying vehicle for use by the Mayor and three passenger-
carrying vehicles for use by the Council of the District of
Columbia and purchase of passenger-carrying vehicles for
replacement only, $195,002,000: Provided, That this ap-
propriation shall not be available for collecting ashes or
miscellaneous refuse from hotels and places of business.
WASHINGTON CONVENTION CENTER FUND
For the Washington Convention Center Fund,
$12,850,000.
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REPAYMENT OF LOANS AND INTEREST
For reimbursement to the United States of funds
loaned in compliance with An Act to provide for the estab-
lishment of a modern, adequate, and efficient hospital cen-
ter in the District of Columbia, approved August 7, 1946
(60 Stat. 896; Public Law 79–648); section 1 of An Act
to authorize the Commissioners of the District of Colum-
bia to borrow funds for capital improvement programs and
to amend provisions of law relating to Federal Govern-
ment participation in meeting costs of maintaining the
Nation’s Capital City, approved June 6, 1958 (72 Stat.
183; Public Law 85–451; D.C. Code, sec. 9–219); section
4 of An Act to authorize the Commissioners of the District
of Columbia to plan, construct, operate, and maintain a
sanitary sewer to connect the Dulles International Airport
with the District of Columbia system, approved June 12,
1960 (74 Stat. 211; Public Law 86–515); sections 723
and 743(f) of the District of Columbia Self-Government
and Governmental Reorganization Act of 1973, approved
December 24, 1973, as amended (87 Stat. 821; Public
Law 93–198; D.C. Code, sec. 47–321, note; 91 Stat.
1156; Public Law 95–131; D.C. Code, sec. 9–219, note),
including interest as required thereby, $306,768,000.
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REPAYMENT OF GENERAL FUND RECOVERY DEBT
For the purpose of eliminating the $331,589,000
general fund accumulated deficit as of September 30,
1990, $38,678,000, as authorized by section 461(a) of the
District of Columbia Self-Government and Governmental
Reorganization Act, approved December 24, 1973, as
amended (105 Stat. 540; Public Law 102–106; D.C. Code,
sec. 47–321(a)).
SHORT-TERM BORROWING
For short-term borrowing, $5,000,000.
OPTICAL AND DENTAL BENEFITS
For optical and dental costs for nonunion employees,
$3,312,000.
PAY ADJUSTMENT
For pay increases and related costs, to be transferred
by the Mayor of the District of Columbia within the var-
ious appropriation headings in this Act for fiscal year
1995 from which employees are properly payable,
$106,095,000.
D.C. GENERAL HOSPITAL DEFICIT PAYMENT
For the purpose of reimbursing the General Fund for
costs incurred for the operation of the D.C. General Hos-
pital pursuant to D.C. Law 1–134, the D.C. General Hos-
pital Commission Act of 1977, $10,000,000.
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RAINY DAY FUND
For mandatory unavoidable expenditures within one
or several of the various appropriation headings of this
Act, to be allocated to the budgets for personal services
and nonpersonal services as requested by the Mayor and
approved by the Council pursuant to the procedures in sec-
tion 4 of the Reprogramming Policy Act of 1980, effective
September 16, 1980 (D.C. Law 3–100; D.C. Code, sec.
47–363), $22,508,000.
JOB-PRODUCING ECONOMIC DEVELOPMENT INCENTIVES
For tax incentive programs to be enacted by the
Council targeted specifically to stimulating job-producing
economic development in the District, $22,600,000.
CASH RESERVE FUND
For the purpose of a cash reserve fund to replenish
the consolidated cash balances of the District of Columbia,
$3,957,000.
PERSONAL AND NONPERSONAL SERVICES ADJUSTMENTS
The Mayor shall reduce appropriations and expendi-
tures for personal and nonpersonal services in the amount
of $5,702,000, within one or several of the various appro-
priation headings in this Act.
CAPITAL OUTLAY
For construction projects, $5,600,000, as authorized
by An Act authorizing the laying of water mains and serv-
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ice sewers in the District of Columbia, the levying of as-
sessments therefor, and for other purposes, approved April
22, 1904 (33 Stat. 244; Public Law 58–140; D.C. Code,
secs. 43–1512 through 43–1519); the District of Columbia
Public Works Act of 1954, approved May 18, 1954 (68
Stat. 101; Public Law 83–364); An Act to authorize the
Commissioners of the District of Columbia to borrow
funds for capital improvement programs and to amend
provisions of law relating to Federal Government partici-
pation in meeting costs of maintaining the Nation’s Cap-
ital City, approved June 6, 1958 (72 Stat. 183; Public
Law 85–451; including acquisition of sites, preparation of
plans and specifications, conducting preliminary surveys,
erection of structures, including building improvement and
alteration and treatment of grounds, to remain available
until expended: Provided, That $140,000 shall be available
for project management and $110,000 for design by the
Director of the Department of Public Works or by con-
tract for architectural engineering services, as may be de-
termined by the Mayor: Provided further, That funds for
use of each capital project implementing agency shall be
managed and controlled in accordance with all procedures
and limitations established under the Financial Manage-
ment System: Provided further, That all funds provided
by this appropriation title shall be available only for the
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specific projects and purposes intended: Provided further,
That notwithstanding the foregoing, all authorizations for
capital outlay projects, except those projects covered by
the first sentence of section 23(a) of the Federal-Aid
Highway Act of 1968, approved August 23, 1968 (82
Stat. 827; Public Law 90–495; D.C. Code, sec. 7–134,
note), for which funds are provided by this appropriation
title, shall expire on September 30, 1996, except author-
izations for projects as to which funds have been obligated
in whole or in part prior to September 30, 1996: Provided
further, That upon expiration of any such project author-
ization the funds provided herein for the project shall
lapse.
WATER AND SEWER ENTERPRISE FUND
For the Water and Sewer Enterprise Fund,
$265,653,000, of which $40,160,000 shall be apportioned
and payable to the debt service fund for repayment of
loans and interest incurred for capital improvement
projects: Provided, That of the amounts appropriated
under this heading in prior fiscal years for construction
projects from the water and sewer enterprise fund for the
Washington Aqueduct, $21,365 are rescinded.
In addition, for the Water and Sewer Enterprise
Fund, such amounts as are necessary for reimbursement
to the United States of funds loaned to the Secretary of
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the Army by the Secretary of the Treasury, including in-
terest as required thereby, for the Washington Aqueduct
Capital Improvement program.
Subject to approval of authorizing legislation, during
fiscal year 1995, new notes and other obligations shall be
issued by the Secretary of the Army to the Secretary of
the Treasury for the Washington Aqueduct Capital Im-
provement program in an aggregate principal amount of
$10,000,000.
LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND
For the Lottery and Charitable Games Enterprise
Fund, established by the District of Columbia Appropria-
tion Act for the fiscal year ending September 30, 1982,
approved December 4, 1981 (95 Stat. 1174, 1175; Public
Law 97–91), as amended, for the purpose of implementing
the Law to Legalize Lotteries, Daily Numbers Games, and
Bingo and Raffles for Charitable Purposes in the District
of Columbia, effective March 10, 1981 (D.C. Law 3–172;
D.C. Code, secs. 2–2501 et seq. and 22–1516 et seq.),
$8,318,000, to be derived from non-Federal District of
Columbia revenues: Provided, That the District of Colum-
bia shall identify the source of funding for this appropria-
tion title from the District’s own locally-generated reve-
nues: Provided further, That no revenues from Federal
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sources shall be used to support the operations or activi-
ties of the Lottery and Charitable Games Control Board.
CABLE TELEVISION ENTERPRISE FUND
For the Cable Television Enterprise Fund, estab-
lished by the Cable Television Communications Act of
1981, effective October 22, 1983 (D.C. Law 5–36; D.C.
Code, sec. 43–1801 et seq.), $2,353,000, of which
$140,000 shall be transferred to the general fund of the
District of Columbia.
STARPLEX FUND
For the Starplex Fund, an amount necessary for the
expenses incurred by the Armory Board in the exercise
of its powers granted by An Act to Establish a District
of Columbia Armory Board, and for other purposes, ap-
proved June 4, 1948 (62 Stat. 339; D.C. Code, sec. 2–
301 et seq.) and the District of Columbia Stadium Act
of 1957, approved September 7, 1957 (71 Stat. 619; Pub-
lic Law 85–300; D.C. Code, sec. 2–321 et seq.): 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 Self-Government
and Governmental Reorganization Act, approved Decem-
ber 24, 1973 (87 Stat. 824; Public Law 93–198; D.C.
Code, sec. 47–301(b)).
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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
existing 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
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
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maximum prevailing rates for such vehicles as prescribed
in the Federal Property Management Regulations 101–7
(Federal Travel Regulations).
SEC. 105. Appropriations in this Act shall be avail-
able for expenses of travel and for the payment of dues
of organizations concerned with the work of the District
of Columbia government, when authorized by the Mayor:
Provided, That the Council of the District of Columbia
and the District of Columbia Courts may expend such
funds without authorization by the Mayor.
SEC. 106. There are appropriated from the applicable
funds of the District of Columbia such sums as may be
necessary for making refunds and for the payment of
judgments that have been entered against the District of
Columbia government: Provided, That nothing contained
in this section shall be construed as modifying or affecting
the provisions of section 11(c)(3) of title XII of the Dis-
trict of Columbia Income and Franchise Tax Act of 1947,
approved March 31, 1956 (70 Stat. 78; Public Law 84–
460; D.C. Code, sec. 47–1812.11(c)(3)).
SEC. 107. Appropriations in this Act shall be avail-
able for the payment of public assistance without reference
to the requirement of section 544 of the District of Colum-
bia Public Assistance Act of 1982, effective April 6, 1982
(D.C. Law 4–101; D.C. Code, sec. 3–205.44), and for the
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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
not available for inspection by the House and Senate Com-
mittees on Appropriations, the House Committee on the
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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-
sonable time after the close of each quarter, the Mayor
shall report to the Council of the District of Columbia and
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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-
sition for any period during the last quarter of calendar
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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
improve rented premises, without regard to the provisions
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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-
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
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.
SEC. 127. In the event a sequestration order is issued
pursuant to the Balanced Budget and Emergency Deficit
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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
quarterly payments to the United States that are made
more than 60 days from the date of receipt of an itemized
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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
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. 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
implement this title, which may include, but shall not be
limited to, procedures for identifying essential and non-
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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
later than 6 months after the date of the enactment of
this Act regarding the appropriateness and adequacy of
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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—
(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
Appropriations of the House of Representatives and the
Senate on the findings and recommendations.
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(d) EXPENDITURE
OF FUNDS.—The Retire-
ment Board shall spend not less than $250,000 from
investment earnings to carry out this section. No ad-
ditional 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.
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
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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
(4) The effect of these changes, actual and pro-
jected, on the total cash balance of the remaining
months and for the fiscal year.
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This title may be cited as the ‘‘District of Columbia
Appropriations Act, 1995’’.
TITLE II
FISCAL YEAR 1994 SUPPLEMENTAL
DISTRICT OF COLUMBIA FUNDS
GOVERNMENTAL DIRECTION AND SUPPORT
(INCLUDING RESCISSION)
For an additional amount for ‘‘Governmental direc-
tion and support’’ $164,000: Provided, That of the funds
appropriated under this heading for the fiscal year ending
September 30, 1994 in the District of Columbia Appro-
priations Act, 1994, approved October 29, 1993 (Public
Law 103–127; 107 Stat. 1337), $18,797,000 are re-
scinded for a net decrease of $18,633,000.
ECONOMIC DEVELOPMENT AND REGULATION
(INCLUDING RESCISSION)
For an additional amount for ‘‘Economic develop-
ment and regulation’’, $1,311,000: Provided, That of the
funds appropriated under this heading for the fiscal year
ending September 30, 1994 in the District of Columbia
Appropriations Act, 1994, approved October 29, 1993
(Public Law 103–127; 107 Stat. 1337), $31,697,000 are
rescinded for a net decrease of $30,386,000.
HUMAN RESOURCES DEVELOPMENT
Human resources development, $42,801,000.
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PUBLIC SAFETY AND JUSTICE
(INCLUDING RESCISSION)
For an additional amount for ‘‘Public safety and jus-
tice’’, $16,398,000: Provided, That of the funds appro-
priated under this heading for the fiscal year ending Sep-
tember 30, 1994 in the District of Columbia Appropria-
tions Act, 1994, approved October 29, 1993 (Public Law
103–127; 107 Stat. 1338), $4,742,000 are rescinded for
a net increase of $11,656,000.
PUBLIC EDUCATION SYSTEM
(INCLUDING RESCISSION)
For an additional amount for ‘‘Public education sys-
tem’’, $17,243,000 for public schools of the District of Co-
lumbia and $735,000 for the University of the District
of Columbia: Provided, That of the funds appropriated
under this heading for the fiscal year ending September
30, 1994 in the District of Columbia Appropriations Act,
1994, approved October 29, 1993 (Public Law 103–127;
107 Stat. 1339), $487,000 for the Education Licensure
Commission, $91,000 for the Commission on the Arts and
Humanities, $30,000 for the District of Columbia Law
School and $245,000 for the District of Columbia Public
Library are rescinded for a net increase of $17,125,000.