[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2492 Reported in House (RH)]
Union Calendar No. 84
103d CONGRESS
1st Session
H. R. 2492
[Report No. 103-152]
_______________________________________________________________________
A BILL
Making appropriations for the government of the District of Columbia
and other activities chargeable in whole or in part against the
revenues of said District for the fiscal year ending September 30,
1994, and for other purposes.
_______________________________________________________________________
June 23, 1993
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
Union Calendar No. 84
103d CONGRESS
1st Session
H. R. 2492
[Report No. 103-152]
Making appropriations for the government of the District of Columbia
and other activities chargeable in whole or in part against the
revenues of said District for the fiscal year ending September 30,
1994, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 23, 1993
Mr. Dixon, from the Committee on Appropriations, reported the following
bill; which was committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
Making appropriations for the government of the District of Columbia
and other activities chargeable in whole or in part against the
revenues of said District for the fiscal year ending September 30,
1994, and for other purposes.
Be it enacted by the Senate and House of Representatives 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 District of Columbia for the fiscal year ending
September 30, 1994, and for other purposes, namely:
TITLE I
FISCAL YEAR 1994 APPROPRIATIONS
Federal Payment to the District of Columbia
For payment to the District of Columbia for the fiscal year ending
September 30, 1994, $630,603,000, as authorized 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 Retirement Reform Act, approved November 17,
1979 (93 Stat. 866; Public Law 96-122), $52,070,000, of which
$2,000,000 shall not be available for obligation until September 30,
1994 and shall not be expended prior to October 1, 1994.
Federal Contribution for Crime and Youth Initiatives
For a Federal contribution for crime and youth initiatives in
the District of Columbia, $17,327,000.
Division of Expenses
The following amounts are appropriated for the District of Columbia
for the current fiscal year out of the general fund of the District of
Columbia, except as otherwise specifically provided.
Governmental Direction and Support
Governmental direction and support, $118,543,000: Provided, That
not to exceed $2,500 for the Mayor, $2,500 for the Chairman of the
Council of the District of Columbia, and $2,500 for the City
Administrator shall be available from this appropriation for
expenditures for official purposes: Provided further, That any program
fees collected from the issuance of debt shall be available for the
payment of expenses of the debt management program of the District of
Columbia: Provided further, That notwithstanding any other provision of
law, there is hereby appropriated from the earnings of the applicable
retirement funds $10,801,000 to pay legal, management, investment, and
other fees and administrative expenses of the District of Columbia
Retirement Board: Provided further, 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: Provided 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
Commission.
Economic Development and Regulation
Economic development and regulation, $85,348,000: Provided, That
the District of Columbia Housing Finance Agency, established by section
201 of the District of Columbia 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 Housing 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
administrative costs plus interest at a rate of four percent per annum
for a term of 15 years, with a deferral of payments for the first three
years: Provided further, That notwithstanding 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 operating revenues of the Housing
Finance Agency that are in excess of the amounts required for debt
service, reserve funds, and operating expenses: Provided further, That
upon commencement of the debt service payments, such payments shall be
deposited into the general fund of the District of Columbia.
Public Safety and Justice
Public safety and justice, including purchase of 135 passenger-
carrying vehicles for replacement only, 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, $907,966,000: Provided,
That the Metropolitan Police Department is authorized to replace not to
exceed 25 passenger-carrying vehicles and the Fire Department of the
District of Columbia is authorized to replace not to exceed five
passenger-carrying vehicles annually whenever the cost of repair to any
damaged vehicle exceeds three-fourths of the cost of the replacement:
Provided further, That not to exceed $500,000 shall be available 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, or Mayor's
Order 86-45, issued March 18, 1986, the Metropolitan Police
Department's delegated small purchase authority 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 review process, or to obtain the approval of or be
restricted in any manner by any official or employee of the District of
Columbia government, for purchases that do not exceed $500,000:
Provided further, That funds appropriated for expenses under the
District of Columbia Criminal Justice Act, approved September 3, 1974
(88 Stat. 1090; Public Law 93-412; D.C. Code, sec. 11-2601 et seq.),
for the fiscal year ending September 30, 1994, shall be available for
obligations incurred under the Act in each fiscal year since inception
in fiscal year 1975: 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 ending September 30, 1994, shall be
available for obligations incurred under the Act in each fiscal year
since inception in 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, 1994, shall be available for
obligations 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 Columbia 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 telephone information service whereby
residents of the area surrounding Lorton prison in Fairfax County,
Virginia, can promptly obtain information from District of Columbia
government officials on all disturbances at the prison, including
escapes, fires, riots, and similar incidents: Provided 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, 1994, in relation to the Lorton prison complex:
Provided further, That such reimbursements shall be paid in all
instances in which the District requests the counties to provide
police, fire, rescue, and related services to help deal with escapes,
riots, and similar disturbances involving the prison: Provided further,
That the Firefighting Division of the District of Columbia Fire and
Emergency Medical Services Department shall be maintained with the
current staffing level of 269 fire fighters per 24-hour period:
Provided further, That none of the funds provided in this Act may be
used to implement any staffing plan for the District of Columbia Fire
Department that includes the elimination of any positions for
Administrative Assistants to the Battalion Fire Chiefs of the Fire
Fighting Division of the Department: Provided further, That the Mayor
shall reimburse the District of Columbia National Guard for expenses
incurred in connection with services that are performed 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 payable for these services by the Mayor and the Commanding General
of the District of Columbia National Guard: Provided further, That such
sums as may be necessary for reimbursement to the District of Columbia
National Guard under the preceding proviso shall be available from this
appropriation, and the availability of the sums shall be deemed as
constituting payment in advance for the emergency services involved:
Provided further, That the Mayor shall promulgate all necessary rules
and regulations to provide that no police officer, firefighter, or
correctional officer shall be permitted to work for more than ten (10)
hours of overtime excluding court time in any one pay period, without
the written approval of the Chief of Police, Chief of the Fire
Department, or Director of the Department of Corrections: Provided
further, That such approval shall clearly state specific reasons as to
why such overtime was necessary.
Public Education System
Public education system, including the development of national
defense education programs, $711,813,000, to be allocated as follows:
$517,682,000 for the public schools of the District of Columbia;
$98,600,000 shall be allocated for the District of Columbia Teachers'
Retirement Fund; $65,739,000 for the University of the District of
Columbia; $21,260,000 for the Public Library, of which $200,000 shall
be transferred to the Children's Museum; $3,540,000 for the Commission
on the Arts and Humanities; $4,500,000 for the District of Columbia
School of Law; and $492,000 for the Education Licensure Commission:
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 appropriation for expenditures
for official purposes: Provided further, That no later than December
31, 1993, the Board of Trustees of the University of the District of
Columbia shall implement resident and nonresident tuition rate
increases of not less than 20 percent of the rates in effect on April
1, 1993: 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 District of Columbia adopts,
for the fiscal year ending September 30, 1994, a tuition rate schedule
that will establish the tuition rate for nonresident students at a
level no lower than the nonresident tuition rate charged at comparable
public institutions of higher education in the metropolitan area.
Human Support Services
Human support services, $914,830,000: Provided, That $17,905,000 of
this appropriation, to remain available until expended, shall be
available solely for District of Columbia employees' disability
compensation: Provided further, That the District shall not provide
free government services such as water, sewer, solid waste disposal or
collection, utilities, maintenance, repairs, or similar services to any
legally constituted private nonprofit organization (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 qualified to receive reimbursement pursuant to the Stewart B.
McKinney Homeless Act, approved July 22, 1987 (101 Stat. 485; Public
Law 100-77; 42 U.S.C. 11301 et seq.).
Public Works
Public works, including rental of one passenger-carrying vehicle
for use by the Mayor and three passenger-carrying vehicles for use by
the Council of the District of Columbia and purchase of passenger-
carrying vehicles for replacement only, $215,749,000: Provided, That
this appropriation 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.
Repayment of Loans and Interest
For reimbursement to the United States of funds loaned in
compliance with An Act to provide for the establishment of a modern,
adequate, and efficient hospital center 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 Columbia to
borrow funds for capital improvement programs and to amend provisions
of law relating to Federal Government participation in meeting costs of
maintaining the Nation's Capital City, approved June 6, 1958 (72 Stat.
183; Public Law 85-451; D.C. Code, 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, $312,948,000.
Repayment of General Fund Recovery Debt
For the purpose of eliminating the $331,589,000 general fund
accumulated deficit as of September 30, 1990, $38,337,000, as
authorized by section 461(a) of the District of Columbia Self-
Government and Governmental Reorganization Act, approved December 24,
1973, as amended (105 Stat. 540; Public Law 102-106; D.C. Code, sec.
47-321(a)).
Optical and Dental Benefits
For optical and dental costs for nonunion employees, $3,423,000.
Pay Adjustment
For pay increases and related costs, to be transferred by the Mayor
of the District of Columbia within the various appropriation headings
in this Act for fiscal year 1994 from which employees are properly
payable, $70,680,000.
Personal and Nonpersonal Services Adjustments
The Mayor shall reduce appropriations and expenditures for personal
and nonpersonal services in the amount of $27,062,000, within one or
several of the various appropriation headings in this Act.
Capital Outlay
For construction projects, $108,743,000, as authorized by An Act
authorizing the laying of water mains and service sewers in the
District of Columbia, the levying of assessments therefor, and for
other purposes, approved April 22, 1904 (33 Stat. 244; Public Law 58-
140; D.C. Code, secs. 43-1512 through 43-1519); the District of
Columbia Public Works Act of 1954, approved May 18, 1954 (68 Stat. 101;
Public Law 83-364); An Act to 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
participation in meeting costs of maintaining the Nation's Capital
City, approved June 6, 1958 (72 Stat. 183; Public Law 85-451; D.C.
Code, secs. 9-219 and 47-3402); section 3(g) of the District of
Columbia Motor Vehicle Parking Facility Act of 1942, approved August
20, 1958 (72 Stat. 686; Public Law 85-692; D.C. Code, sec. 40-805(7));
and the National Capital Transportation Act of 1969, approved December
9, 1969 (83 Stat. 320; Public Law 91-143; D.C. Code, secs. 1-2451, 1-
2452, 1-2454, 1-2456, and 1-2457); including acquisition of sites,
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 $10,577,883 shall be reduced from the
cumulative amount available for project management and $4,463,301 shall
be available for design by the Director of the Department of Public
Works or by contract for architectural engineering services, as may be
determined by the Mayor: Provided further, That funds for use of each
capital project implementing agency shall be managed and controlled in
accordance with all procedures and limitations established under the
Financial Management System: Provided further, That all funds provided
by this appropriation title shall be available only for the 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,
1995, except authorizations for projects as to which funds have been
obligated in whole or in part prior to September 30, 1995: Provided
further, That upon expiration of any such project authorization the
funds provided herein for the project shall lapse.
Water and Sewer Enterprise Fund
For the Water and Sewer Enterprise Fund, $240,929,000, of which
$40,438,000 shall be apportioned and payable to the debt service fund
for repayment of loans and interest incurred for capital improvement
projects.
For construction projects, $29,087,000, as authorized by An Act
authorizing the laying of water mains and service sewers in the
District of Columbia, the levying of assessments therefor, and for
other purposes, approved April 22, 1904 (33 Stat. 244; Public Law 58-
140; D.C. Code, sec. 43-1512 et seq.): Provided, That the requirements
and restrictions that are applicable to general fund capital
improvement projects and set forth in this Act under the Capital Outlay
appropriation title shall apply to projects approved under this
appropriation title.
Lottery and Charitable Games Enterprise Fund
For the Lottery and Charitable Games Enterprise Fund, established
by the District of Columbia Appropriation 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.), $7,168,000, to be derived from non-Federal District of
Columbia revenues: 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, established by the Cable
Television Communications Act of 1981, effective October 22, 1983 (D.C.
Law 5-36; D.C. Code, sec. 43-1801 et seq.), $2,353,000.
Starplex Fund
For the Starplex Fund, an amount necessary for the expenses
incurred by the Armory Board in the exercise of its powers granted by
An Act To Establish a District of Columbia Armory Board, and for other
purposes, approved 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; Public Law 85-300; D.C. Code, sec. 2-
321 et seq.) of which $1,742,000 shall be transferred to the general
fund for the District of Columbia Courts and $35,000 shall be
transferred to the Office of Cable Television: Provided, That the Mayor
shall submit a budget for the Armory Board for the forthcoming fiscal
year as required by section 442(b) of the District of Columbia Self-
Government and Governmental Reorganization Act, approved December 24,
1973 (87 Stat. 824; Public Law 93-198; D.C. Code, sec. 47-301(b)).
General Provisions
Sec. 101. The expenditure of any appropriation under this Act for
any consulting service through procurement 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 contained 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 specified within an
appropriation for particular purposes or objects of expenditure, such
amount, unless otherwise specified, 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 available, 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 available 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 District 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 available for the
payment of public assistance without reference to the requirement of
section 544 of the District of Columbia 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 Federal
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 educational institutions, the
compensation of personnel, or for other educational purposes may be
used to permit, encourage, 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 Columbia government
for the fiscal year ending September 30, 1995, shall be transmitted to
the Congress no later than April 15, 1994.
Sec. 111. None of the funds appropriated in this Act shall be made
available to pay the salary of any employee of the District of Columbia
government whose name, title, grade, salary, past work experience, and
salary history are not available for inspection by the House and Senate
Committees on Appropriations, the House Committee on the District of
Columbia, the Subcommittee on General Services, Federalism, 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: 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 inspection.
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 September 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 defeat legislation pending before
Congress or any State legislature.
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 reasonable time after the close of
each quarter, the Mayor shall report to the Council of the District of
Columbia and the Congress the actual borrowing and spending progress
compared with projections.
Sec. 115. The Mayor shall not borrow any funds for capital projects
unless the Mayor has obtained prior approval from the Council of the
District of Columbia, by resolution, identifying the projects and
amounts to be financed with such borrowings.
Sec. 116. The Mayor shall not expend any moneys borrowed for
capital projects for the operating expenses of the District of Columbia
government.
Sec. 117. None of the funds appropriated by this Act may be
obligated or expended by reprogramming except pursuant to advance
approval of the reprogramming granted according to the procedure set
forth in the Joint Explanatory Statement of the Committee of Conference
(House Report No. 96-443), which accompanied the District of Columbia
Appropriation Act, 1980, approved October 30, 1979 (93 Stat. 713;
Public Law 96-93), as modified in House Report No. 98-265, and in
accordance with the Reprogramming Policy Act of 1980, effective
September 16, 1980 (D.C. Law 3-100; D.C. Code, sec. 47-361 et seq.).
Sec. 118. None of the Federal funds provided in this Act shall be
obligated or expended to provide a personal cook, chauffeur, or other
personal servants to any officer or employee of the District of
Columbia.
Sec. 119. None of the Federal funds provided in this Act shall be
obligated or expended to procure passenger automobiles as defined in
the Automobile Fuel Efficiency Act of 1980, approved October 10, 1980
(94 Stat. 1824; Public Law 96-425; 15 U.S.C. 2001(2)), with an
Environmental Protection Agency estimated miles per gallon average of
less than 22 miles per gallon: Provided, That this section shall not
apply to security, emergency rescue, or armored vehicles.
Sec. 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 Executive Schedule under 5 U.S.C.
5315.
(b) For purposes of applying any provision of law limiting the
availability of funds for payment of salary or pay in any fiscal year,
the highest rate of pay established by the Mayor under subsection (a)
of this section for any position for any period during the last quarter
of calendar year 1993 shall be deemed to be the rate of pay payable for
that position for September 30, 1993.
(c) Notwithstanding section 4(a) of the District of Columbia
Redevelopment Act of 1945, approved August 2, 1946 (60 Stat. 793;
Public Law 79-592; D.C. Code, sec. 5-803(a)), the Board of Directors of
the District of Columbia Redevelopment Land Agency shall be paid,
during any fiscal year, per diem compensation at a rate established by
the Mayor.
Sec. 121. Notwithstanding any other provisions of law, the
provisions of the District of Columbia Government Comprehensive Merit
Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C.
Code, sec. 1-601.1 et seq.), enacted pursuant to section 422(3) of the
District of Columbia 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 government shall not be
subject to the provisions of title 5 of the United States Code.
Sec. 122. The Director of the Department of Administrative Services
may pay rentals and repair, alter, and improve rented premises, without
regard to the provisions of section 322 of the Economy Act of 1932
(Public Law 72-212; 40 U.S.C. 278a), 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. 123. No later than 30 days after the end of the first quarter
of the fiscal year ending September 30, 1994, the Mayor of the District
of Columbia shall submit to the Council of the District of Columbia the
new fiscal year 1994 revenue estimates as of the end of the first
quarter of fiscal year 1994. These estimates shall be used in the
budget request for the fiscal year ending September 30, 1995. The
officially revised estimates at midyear shall be used for the midyear
report.
Sec. 124. Section 466(b) of the District of Columbia Self-
Government and Governmental Reorganization Act of 1973, approved
December 24, 1973 (87 Stat. 806; Public Law 93-198; D.C. Code, sec. 47-
326), as amended, is amended by striking ``sold before October 1,
1993'' and inserting ``sold before October 1, 1994''.
Sec. 125. No sole source contract with the District of Columbia
government or any agency thereof may be renewed or extended without
opening that contract to the competitive bidding process as set forth
in section 303 of the District of Columbia Procurement Practices Act of
1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Code, sec. 1-
1183.3), except that the District of Columbia 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 competitive bidding process has been made in accordance with duly
promulgated Board of Education rules and procedures.
Sec. 126. For purposes of the Balanced Budget and Emergency Deficit
Control Act of 1985, approved December 12, 1985 (99 Stat. 1037; Public
Law 99-177), as amended, the term ``program, project, and activity''
shall be synonymous with and refer specifically to each account
appropriating Federal funds in this Act, and any sequestration order
shall be applied to each of the accounts rather than to the aggregate
total of those accounts: Provided, That sequestration orders shall not
be applied to any account that is specifically exempted from
sequestration by the Balanced Budget and Emergency Deficit Control Act
of 1985, approved December 12, 1985 (99 Stat. 1037; Public Law 99-177),
as amended.
Sec. 127. In the event a sequestration order is issued pursuant to
the Balanced Budget and Emergency Deficit Control Act of 1985, approved
December 12, 1985 (99 Stat. 1037; Public Law 99-177), as amended, after
the amounts appropriated to the District of Columbia for the fiscal
year involved have been paid to the District of Columbia, the Mayor of
the District of Columbia shall pay to the Secretary of the Treasury,
within 15 days after receipt of a request therefor from the Secretary
of the Treasury, such amounts as are sequestered by the order:
Provided, That the 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, approved December 12, 1985 (99 Stat. 1037; Public Law 99-177),
as amended.
Sec. 128. Sec. 133(e) of the District of Columbia Appropriations
Act, 1990, as amended, is amended by striking ``December 31, 1993'' and
inserting ``December 31, 1994''.
Sec. 129. For the fiscal year ending September 30, 1994, the
District of Columbia shall pay interest on its quarterly payments to
the United States that are made more than 60 days from the date of
receipt of an itemized statement from the Federal Bureau of Prisons of
amounts due for housing District of Columbia convicts in Federal
penitentiaries for the preceding quarter.
Sec. 130. Nothing in this Act shall be construed to authorize any
office, agency or entity to expend funds for programs or functions for
which a reorganization plan is required but has not been approved by
the Council pursuant 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 Governmental 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 approval by the Council, prior to
October 1, 1993, 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 1994 if--
(1) the Mayor approves the acceptance and use of the gift
or donation: Provided, That the Council of the District of
Columbia may accept and use gifts without prior approval by the
Mayor; and
(2) the entity uses the gift or donation to carry out its
authorized functions or duties.
(b) Each entity of the District of Columbia government shall keep
accurate and detailed records of the acceptance and use of any gift or
donation under subsection (a) of this section, and shall make such
records available for audit and public inspection.
(c) For the purposes of this section, the term ``entity of the
District of Columbia government'' includes an independent agency of the
District of Columbia.
(d) This section shall not apply to the District of Columbia Board
of Education, which may, pursuant to the laws and regulations of the
District of Columbia, accept and use gifts to the public schools
without prior approval by the Mayor.
Sec. 132. (a) Up to 50 fire fighters or members of the Fire and
Emergency Medical Services Department who were hired before February
14, 1980, and who retire on disability before the end of calendar year
1993 shall be excluded from the computation of the rate of disability
retirement under subsection 145(a) of the District of Columbia
Retirement Reform Act of 1979, as amended, approved September 30, 1983
(97 Stat. 727; D.C. Code, sec. 1-725(a)), for purposes of reducing the
authorized Federal payment to the District of Columbia Police Officers
and Fire Fighters' Retirement Fund pursuant to subsection 145(c) of the
District of Columbia Retirement Reform Act of 1979.
(b) The Mayor, within 30 days after the enactment of this Act,
shall engage an enrolled actuary, to be paid by the District of
Columbia Retirement Board, and shall comply with the requirements of
section 142(d) and section 144(d) of the District of Columbia
Retirement Reform Act of 1979 (Public Law 96-122, D.C. Code, secs. 1-
722(d) and 1-724(d)).
Sec. 133. At the end of fiscal year 1994, the number of FTE's shall
not exceed the number of FTE's in the approved fiscal year 1994 budget,
less a 1 percent attrition rate and the actual corresponding dollar
savings.
Sec. 134. (a) The Mayor shall establish a program to offer
incentives for employees to accept early-out retirement. The Mayor
shall report to the Council for approval of the early-out retirement
program by mid-fiscal year 1994 with an actuarial study to show the
District's liability for the early-out program.
(b) Notwithstanding any other provision of law, no early-out
program established pursuant to this section shall be exempt from the
requirements of section 142(d) and section 144(d) of the District of
Columbia Retirement Reform Act of 1979 (Public Law 96-122, D.C. Code,
secs. 1-722(d) and 1-724(d)).
Sec. 135. (a) None of the funds provided in this Act or any other
funds available to the District of Columbia shall be used for any
contract to provide goods or services to or on behalf of the District
of Columbia which currently are provided by employees, departments, or
agencies of the District of Columbia until the Mayor submits to the
Council and the Council approves revised contracting policies and
procedures.
(b) The revised contracting policies and procedures required by
subsection (a) of this section shall provide that:
(1) A cost analysis comparing the in-house costs of
providing the service with the costs associated with
contracting for the service shall be completed for each
contract proposed pursuant to this section; and
(2) Contracting out will provide savings over the duration
of the contract of at least 10 percent.
Sec. 136. (a) The Mayor shall not award the following types of
contracts until after the Council has approved the proposed contract
award as provided in this section:
(1) Any contract for goods or services worth over
$1,000,000 and any contract for any sum which, when added to
other contracts awarded to the same contractor for the same or
similar purposes within a fiscal year, exceeds $1,000,000 in
contracts with the same contractor, except: (A) contracts
awarded under the ``competitive sealed bidding'' provisions
pursuant to section 303 of the District of Columbia Procurement
Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-
85; D.C. Code, 1-1183.3); or (B) contracts to implement a
Federal program where Federal law governs contracting
procedures as a condition for the receipt of Federal
assistance; and
(2) Any contract to provide goods or services, to or on
behalf of the District of Columbia, which currently are or
traditionally have been provided by employees, departments, or
agencies of the District of Columbia.
(b) Prior to the award of a contract covered by this section, the
Mayor shall submit a proposed contract award to the Council. The
proposed contract award shall be deemed approved 7 calendar days,
excluding days of Council recess, after the proposal has been
officially introduced in the Council according to its rules, unless
during that time, an objection to the proposed award, by at least 3
members of the Council, is filed in the Office of the Secretary to the
Council.
(c) If an objection to the proposed contract award is filed, the
proposed award shall be deemed approved 21 calendar days, excluding
days of Council recess, after the proposed award was officially
introduced in the Council, unless during that time, the Council adopts
a resolution disapproving the proposed award.
(d) The Council may approve or disapprove a proposed contract award
by resolution prior to the expiration of the time periods provided in
this section.
(e) The approval required by this section shall be a condition
precedent to the existence of a District of Columbia contract described
in subsection (a) of this section. No contractor may undertake any
work, and no District officer or employee may obligate or expend funds,
with respect to the performance of a proposed contract prior to Council
approval under this section.
This title may be cited as the ``District of Columbia
Appropriations Act, 1994''.
TITLE II
FISCAL YEAR 1993 SUPPLEMENTAL
FEDERAL FUNDS
Federal Contribution to Retirement Funds
The second paragraph under this heading for the fiscal year ending
September 30, 1993, in the District of Columbia Appropriations Act,
1993, approved October 5, 1992 (Public Law 102-382; 106 Stat. 1422) is
repealed.
DISTRICT OF COLUMBIA FUNDS
Governmental Direction and Support
(including rescission)
For an additional amount for ``Governmental direction and
support'', $15,133,000: Provided, That of the funds appropriated under
this heading for the fiscal year ending September 30, 1993 in the
District of Columbia Appropriations Act, 1993, approved October 5, 1992
(Public Law 102-382; 106 Stat. 1423), $4,760,000 are rescinded for a
net increase of $10,373,000.
The following provision under this heading for the fiscal year
ending September 30, 1993 in the District of Columbia Appropriations
Act, 1993, approved October 5, 1992 (Public Law 102-382; 106 Stat. 1423
is repealed: ``Provided further, That $10,200,000 of the revenues
realized from the ``Water and Sewer Utility Payment in Lieu of Taxes
Act of 1992'' shall be available for the Mayor's youth and crime
initiative, but shall not be obligated or expended until the Mayor
submits to the Council a plan for the allocation and use of the
funds:''.
Economic Development and Regulation
(including rescission)
For an additional amount for ``Economic development and
regulation'', $1,047,000: Provided, That of the funds appropriated
under this heading for the fiscal year ending September 30, 1993 in the
District of Columbia Appropriations Act, 1993, approved October 5, 1992
(Public Law 102-382; 106 Stat. 1423), $10,587,000 are rescinded for a
net decrease of $9,540,000.
Public Safety and Justice
(including rescission)
For an additional amount for ``Public safety and justice'',
$6,230,000: Provided, That of the funds appropriated under this heading
for the fiscal year ending September 30, 1993 in the District of
Columbia Appropriations Act, 1993, approved October 5, 1992 (Public Law
102-382; 106 Stat. 1424), $18,921,000 are rescinded for a net decrease
of $12,691,000: Provided further, That any unspent funds remaining in
the nonpersonal services budget of the Metropolitan Police Department
at the end of fiscal year 1993 shall remain available for the exclusive
use of the Metropolitan Policy Department for the purchase of equipment
in fiscal year 1994.
Public Education System
(including rescission)
For an additional amount for ``Public education system'', $246,000,
for the Education Licensure Commission: Provided, That of the funds
appropriated under this heading for the fiscal year ending September
30, 1993 in the District of Columbia Appropriations Act, 1993, approved
October 5, 1992 (Public Law 102-382; 106 Stat. 1426), $2,270,000 for
the Public Schools of the District of Columbia, $4,199,000 for the
University of the District of Columbia, $964,000 for the Public
Library, and $70,000 for the Commission on the Arts and Humanities are
rescinded for a net decrease of $7,257,000.
The following provision under this heading for the fiscal year
ending September 30, 1993 in the District of Columbia Appropriations
Act, 1993, approved October 5, 1992 (Public Law 102-382, 106 Stat.
1426) is repealed: ``of which $2,000,000 shall be derived from revenues
realized from the ``Water and Sewer Utility Payment in Lieu of Taxes
Act of 1992'';''.
Human Support Services
(including rescission)
For an additional amount for ``Human support services'',
$70,772,000: Provided, That of the funds appropriated under this
heading for the fiscal year ending September 30, 1993 in the District
of Columbia Appropriations Act, 1993, approved October 5, 1992 (Public
Law 102-382; 106 Stat. 1426), $2,221,000 are rescinded for a net
increase of $68,551,000.
Public Works
(rescission)
Of the funds appropriated under this heading for the fiscal year
ending September 30, 1993 in the District of Columbia Appropriations
Act, 1993, approved October 5, 1992 (Public Law 102-382; 106 Stat.
1427), $3,271,000 are rescinded.
Repayment of Loans and Interest
For an additional amount for ``Repayment of loans and interest'',
$19,051,000.
Repayment of General Fund Recovery Debt
(rescission)
Of the funds appropriated under this heading for the fiscal year
ending September 30, 1993 in the District of Columbia Appropriations
Act, 1993, approved October 5, 1992 (Public Law 102-382; 106 Stat.
1427), $5,000 are rescinded.
Resizing
For the purpose of funding costs associated with the Temporary
Appeals Panel pursuant to D.C. Law 9-47, the District of Columbia
Government Merit Personnel Act of 1978 Temporary Amendment Act of 1991,
$225,000.
Severance Pay
For severance pay to employees who are involuntarily separated from
service as a result of reductions-in-force or reorganizations,
$10,410,000.
Pay Adjustment
For pay increases and related costs to be transferred by the Mayor
of the District of Columbia within the various appropriation headings
in this Act from which costs are properly payable, $7,880,000.
Facilities Rent/Leases
The paragraph under the heading ``Facilities Rent/Leases'' in the
District of Columbia Appropriations Act, 1993, approved October 5, 1992
(Public Law 102-382; 106 Stat. 1428), is repealed: Provided, That the
appropriation of $16,682,000 provided by that paragraph is distributed
within the appropriation titles above.
Furlough Adjustment
Each agency, office, and instrumentality of the District, except
the District of Columbia Courts, shall furlough each employee of the
respective agency, office, or instrumentality for one day in each month
of the fiscal year ending September 30, 1993, or a proportionate number
of hours for part-time employees. The personal services spending
authority for each agency, office, and instrumentality subject to this
section is reduced in an amount equal to the savings resulting from the
employee furloughs required by this section, for a total reduction of
$36,000,000, which is distributed within the appropriation titles
above. The Council shall enact legislation to implement this section
which may include but shall not be limited to procedures to ensure that
public health and safety functions are carried out.
Within-Grade Salary Adjustments
Notwithstanding any other provision of law, no employee of any
agency, office, or instrumentality of the District shall receive
within-grade salary increases during the fiscal year ending September
30, 1993, and no time during the fiscal year ending September 30, 1993
shall accrue toward the waiting period for advancement to the following
rate within the grade. The spending authority for each agency, office,
and instrumentality is reduced in an amount equal to the savings
resulting from the adjustments required by this section, for a total
reduction of $13,000,000, which is distributed within the appropriation
titles above.
Personal and Nonpersonal Services Adjustments
The paragraph under the heading ``Personal and Nonpersonal Services
Adjustments'', in the District of Columbia Appropriations Act, 1993,
approved October 5, 1992 (Public Law 102-382; 106 Stat. 1428), is
repealed: Provided, That the reduction of $30,798,600 required by that
paragraph is distributed within the appropriation titles above:
Provided further, That the Mayor shall reduce appropriations and
expenditures for personal and nonpersonal services in the amount of
$29,730,000, within one or several of the various appropriation
headings in this Act.
Capital Outlay
For an additional amount for ``Capital outlay'', $200,000, to
remain available until expended.
Water and Sewer Enterprise Fund
(including rescission)
For an additional amount for ``Water and Sewer Enterprise Fund'',
$12,717,000: Provided, That of the funds appropriated under this
heading in the District of Columbia Appropriations Act, 1993, approved
October 5, 1992 (Public Law 102-382; 106 Stat. 1429), $41,482,000 are
rescinded for a net decrease of $28,765,000.
The following provision under this heading for the fiscal year
ending September 30, 1993 in the District of Columbia Appropriations
Act, 1993, approved October 5, 1992 (Public Law 102-382; 106 Stat.
1429) is repealed: ``, and $12,200,000 collected as payment in lieu of
taxes pursuant to the ``Water and Sewer Utility Payment in Lieu of
Taxes Act of 1992'' shall be transferred to the general fund to provide
$10,200,000 for the Mayor's youth and crime initiative, and $2,000,000
for the University of the District of Columbia''.
The following provision under this heading for the fiscal year
ending September 30, 1993 in the District of Columbia Appropriations
Act, 1993, approved October 5, 1992 (Public Law 102-382; 106 Stat.
1430) is repealed: ``Provided further, That not to exceed $22,705,000
in water and sewer enterprise fund operating revenues shall be
available for pay-as-you-go capital projects''.
Lottery and Charitable Games Enterprise Fund
(rescission)
Of the funds appropriated under this heading for the Lottery and
Charitable Games Enterprise Fund for the fiscal year ending September
30, 1993 in the District of Columbia Appropriations Act, 1993, approved
October 5, 1992 (Public Law 102-382; 106 Stat. 1430), $270,000 are
rescinded.
Cable Television Enterprise Fund
(including rescission)
For an additional amount for ``Cable Television Enterprise Fund'',
$35,000: Provided, That of the funds appropriated under this heading
for the Cable Television Enterprise Fund for the fiscal year ending
September 30, 1993 in the District of Columbia Appropriations Act,
1993, approved October 5, 1992 (Public Law 102-382; 106 Stat. 1430),
$300,000 are rescinded and transferred to the general fund for a net
decrease of $265,000.
Starplex Fund
The paragraph under the heading ``Starplex Fund'' in the District
of Columbia Appropriations Act, 1993, approved October 5, 1992 (Public
Law 102-382; 106 Stat. 1430), is amended by inserting after the phrase
``shall be transferred to the general fund'' the following: ``and an
additional $200,000 shall be transferred to the University of the
District of Columbia''.
General Provisions
Sec. 201. Section 114 of the District of Columbia Appropriations
Act, 1993, approved October 5, 1992 (106 Stat. 1432) is repealed.
Sec. 202. Section 132 of the District of Columbia Appropriations
Act, 1993, approved October 5, 1992 (106 Stat. 1434) is repealed.
Sec. 203. Section 134(a)(1) of the District of Columbia
Appropriations Act, 1993, approved October 5, 1992 (106 Stat. 1435) is
amended by inserting the following after the word ``donation'': ``:
Provided, That the Council of the District of Columbia may accept and
use gifts without prior approval by the Mayor''.
This title may be cited as the ``District of Columbia Supplemental
Appropriations and Rescissions Act, 1993''.
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