[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4649 Reported in Senate (RS)]
Calendar No. 522
103d CONGRESS
2d Session
H. R. 4649
[Report No. 103-313]
_______________________________________________________________________
AN ACT
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,
1995, and for other purposes.
_______________________________________________________________________
July 14 (legislative day, July 11), 1994
Received; read twice and referred to the Committee on Appropriations
July 14 (legislative day, July 11), 1994
Reported with amendments
Calendar No. 522
103d CONGRESS
2d Session
H. R. 4649
[Report No. 103-313]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 14 (legislative day, July 11), 1994
Received; read twice and referred to the Committee on Appropriations
July 14 (legislative day, July 11), 1994
Reported by Mr. Kohl, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
AN ACT
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,
1995, 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, 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, -$-6-6-7-,-9-3-0-,-0-0-0 $647,930,000, 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.
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, $81,159,000: 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 $12,432,000 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: 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 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.
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, 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, $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 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, 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 ending 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
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, 1995, 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 $100,000 of this appropriation shall be used to
reimburse Fairfax County, Virginia, and Prince William County,
Virginia, for expenses incurred by the counties during the fiscal year
ending September 30, 1995, in relation to the Lorton prison complex:
Provided further, That such reimbursements shall be paid in all
instances in which the District requests the counties to provide
police, fire, rescue, and related services to help deal with escapes,
fires, riots, and similar disturbances involving the prison: Provided
further, That the Mayor shall reimburse the District of Columbia
National Guard for expenses incurred in connection with services that
are performed in emergencies by the National Guard in a militia status
and are requested by the Mayor, in amounts that shall be jointly
determined and certified as due and payable for these services by the
Mayor and the Commanding General of the District of Columbia National
Guard: Provided further, That such sums as may be necessary for
reimbursement to the District of Columbia National Guard under the
preceding proviso shall be available from this appropriation, and the
availability of the sums shall be deemed as constituting payment in
advance for emergency services involved.
Public Education System
Public education system, including the development of national
defense education programs, -$-7-2-0-,-2-5-8-,-0-0-0 $715,330,000, to
be allocated as follows: $542,682,000, of which $1,500,000 shall be
used to provide additional support to title I (chapter I) of the
Elementary and Secondary Education Act (20 U.S.C. 2701 et seq.), for
the public schools of the District of Columbia; $87,100,000 shall be
allocated for the District of Columbia Teachers' Retirement Fund;
$60,348,000 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; $3,301,000 for the Commission on the Arts and
Humanities; and -$-5-,-5-6-7-,-0-0-0 -f-o-r -t-h-e -D-i-s-t-r-i-c-t
-o-f -C-o-l-u-m-b-i-a -S-c-h-o-o-l -o-f -L-a-w $639,000 for the D.C.
Law Student Clinical Program/Tuition Assistance Program: 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 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, 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 comparable
public institutions of higher education in the metropolitan area.
Human Support Services
Human support services, $898,034,000: Provided, That $20,800,000 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 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-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, $195,002,000: 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, $306,768,000.
Repayment of General Fund Recovery Debt
For the purpose of eliminating the $331,589,000 general fund
accumulated deficit as of September 30, 1990, $38,678,000, 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 various 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 Hospital pursuant to D.C. Law 1-
134, the D.C. General Hospital Commission Act of 1977, $10,000,000.
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
section 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, $3,957,000.
Personal and Nonpersonal Services Adjustments
The Mayor shall reduce appropriations and expenditures for personal
and nonpersonal services in the amount of -$-5-,-7-0-2-,-0-0-0
$20,774,000, within one or several of the various appropriation
headings in this Act: Provided, That no reduction shall be taken in the
following departments and agencies: Department of Finance and Revenue,
Department of Housing and Community Development, Department of Public
and Assisted Housing, Metropolitan Police Department, Fire and
Emergency Medical Services Department, Police and Fire Retirement,
Judge's Retirement, D.C. Courts (Court of Appeals; Superior Court;
court system), Corporation Counsel, Public Defender Service, Department
of Corrections, Board of Education (Public Schools), Teacher's
Retirement and Annuity Fund, Department of Human Services, D.C. General
Hospital Payment, Department of Public Works, and all accounts listed
under the ``Finance and Other Uses'' appropriations account.
Capital Outlay
For construction projects, $5,600,000, 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; 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 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, 1996, except
authorizations 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 authorization 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.
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.), $8,318,000, 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, 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, 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.): 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, 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
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 borrowings and spending progress
compared with projections.
Sec. 115. The Mayor shall not borrow any funds for capital projects
unless the Mayor has obtained prior 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 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,
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, 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 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. Effective as if included in the enactment of the District
of Columbia Appropriations Act, 1990, section 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 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, 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
(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. Notwithstanding any other provision of law, each agency,
office, and instrumentality of the District shall implement a hiring
freeze and shall fill only vacancies in essential positions, and to the
extent practicable, 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-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 Representatives 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
pregnancy is the result of an act of rape or incest.
independent audit of retirement board
Sec. 135. (a) In General.--The District of Columbia 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 the Retirement Board's
fiduciary, management, and investment 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,
-p-a-r-t-i-c-u-l-a-r-l-y -w-i-t-h -r-e-s-p-e-c-t -t-o including but not
limited to--
(1) the review and analysis of the investment portfolios of
large public pension funds;
(2) the investment practices of the managers of such funds;
(3) the relationship of such practices to the fiduciary
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
Governmental Affairs of the Senate, and the Committees on
Appropriations of the House of Representatives and the Senate on the
findings and recommendations.
(d) Expenditure of Funds.--The Retirement Board shall spend not
-l-e-s-s -t-h-a-n to exceed $250,000 from investment earnings to carry
out this section. No additional 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 improvement to, the Municipal Fish
Wharf until such proposed change or improvement has been reviewed and
approved 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 Federal 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 Capital Planning Commission.
financial reporting
Sec. 137. (a) Submission of Quarterly Financial Reports.--Not later
than fifteen days after the end of every calendar quarter (beginning
October 1, 1994), the Mayor shall submit to the Committee on the
District of Columbia of the House of Representatives, the Committee on
Governmental Affairs of the Senate, and the Subcommittees 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 include 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 original forecast for those months of that
fiscal year; -a-n-d
(4) The effect of these changes, actual and projected, on
the total cash balance of the remaining months and for the
fiscal year; and
(5) Explanation of the impact on meeting the budget; how
the results may be reflected in a supplemental budget request,
or how other policy decisions may be necessary which may
require the agencies to reduce expenditures in other areas.
spending reductions
Sec. 138. (a) Reduction in Fiscal Year 1995 Expenses.--
(1) In general.--In addition to any other reduction
required by this Act, the total amount appropriated in this
title for the District of Columbia for fiscal year 1995 under
the caption ``Division of Expenses'' is hereby reduced by
-$-1-5-0-,-0-0-0-,-0-0-0 $75,000,000. The reduction shall be
allocated by the Mayor of the District among the various
appropriation headings under such caption (excluding the
``Rainy Day Fund'') and shall be taken only from expenses for
personal and nonpersonal services.
(2) Reporting requirements.--
(A) Implementation plan.--Not later than 30 days
after the date of the enactment of this Act, the Mayor
of the District of Columbia shall submit to the
Congress a report setting forth a detailed plan for the
implementation of the reduction made by paragraph (1).
(B) Plan revisions.--The Mayor may at any time
revise the implementation plan submitted under
subparagraph (A). Not later than 30 days after making
any such revision, the Mayor shall submit to the
Congress a report setting forth a detailed description
and justification of such revision.
(C) Revised cash flow statements.--Each report
required by subparagraph (A) or (B) shall include a
revised consolidated cash flow statement for the
government of the District of Columbia that
incorporates the reduction made by paragraph (1) and
the allocation of the reduction under the plan or plan
revisions submitted under this paragraph. Each report
shall include such revised cash flow statements of the
various funds, including but not limited to, the
general fund, enterprise funds, trust and agency funds,
and component unit funds, as may be affected by the
revision.
(D) Supplemental budget submission.--Any
supplemental budget request for fiscal year 1995
submitted by the District to the Congress shall
incorporate the reduction made by paragraph (1) and the
allocation of the reduction under the plan or plan
revisions submitted under this paragraph.
(b) Annual Limitation on Outlays.--
(1) Aggregate limitation.--The total outlays of the
government of the District of Columbia during fiscal year 1995
shall not exceed the total receipts collected by the government
during such fiscal year.
(2) Individual fund limitations.--The total outlays of the
government of the District of Columbia from the general fund,
or from any special fund, of the District during fiscal year
1995 shall not exceed the total receipts collected by the
government and paid into such fund during such fiscal year.
-(-c-) -E-n-f-o-r-c-e-m-e-n-t-.---
-(-1-) -T-i-m-i-n-g -o-f -a-n-n-u-a-l -f-e-d-e-r-a-l
-p-a-y-m-e-n-t-.----T-h-e -a-n-n-u-a-l -F-e-d-e-r-a-l
-p-a-y-m-e-n-t -t-o -t-h-e -D-i-s-t-r-i-c-t -o-f
-C-o-l-u-m-b-i-a -a-u-t-h-o-r-i-z-e-d -b-y -s-e-c-t-i-o-n
-5-0-2-(-a-) -o-f -t-h-e -D-i-s-t-r-i-c-t -o-f -C-o-l-u-m-b-i-a
-S-e-l-f---G-o-v-e-r-n-m-e-n-t -a-n-d -G-o-v-e-r-n-m-e-n-t-a-l
-R-e-o-r-g-a-n-i-z-a-t-i-o-n -A-c-t -f-o-r -f-i-s-c-a-l
-y-e-a-r -1-9-9-6 -s-h-a-l-l -n-o-t -b-e -m-a-d-e -u-n-t-i-l
-t-h-e -S-e-c-r-e-t-a-r-y -o-f -t-h-e -T-r-e-a-s-u-r-y -h-a-s
-r-e-c-e-i-v-e-d -f-r-o-m -t-h-e -M-a-y-o-r -o-f -t-h-e
-D-i-s-t-r-i-c-t -a -c-e-r-t-i-f-i-c-a-t-i-o-n -o-f -t-h-e
-t-o-t-a-l -o-u-t-l-a-y-s -o-f-, -a-n-d -t-o-t-a-l
-r-e-c-e-i-p-t-s -c-o-l-l-e-c-t-e-d -b-y-, -t-h-e
-g-o-v-e-r-n-m-e-n-t -o-f -t-h-e -D-i-s-t-r-i-c-t -d-u-r-i-n-g
-t-h-e -p-r-e-c-e-d-i-n-g -f-i-s-c-a-l -y-e-a-r-.
-(-2-) -R-e-d-u-c-t-i-o-n -o-f -a-n-n-u-a-l -f-e-d-e-r-a-l
-p-a-y-m-e-n-t-.----T-h-e -a-m-o-u-n-t -o-f -a-n-y -a-n-n-u-a-l
-F-e-d-e-r-a-l -p-a-y-m-e-n-t -s-u-b-j-e-c-t -t-o
-p-a-r-a-g-r-a-p-h -(-1-) -s-h-a-l-l -b-e -r-e-d-u-c-e-d -b-y
-t-h-e -a-m-o-u-n-t -(-i-f -a-n-y-) -b-y -w-h-i-c-h -t-h-e
-o-u-t-l-a-y-s -d-e-s-c-r-i-b-e-d -i-n -s-u-c-h
-p-a-r-a-g-r-a-p-h -e-x-c-e-e-d -t-h-e -r-e-c-e-i-p-t-s
-d-e-s-c-r-i-b-e-d -i-n -s-u-c-h -p-a-r-a-g-r-a-p-h-.
-(-d-) (c) Applicability.--The provisions of this section shall
apply hereafter, notwithstanding any other provision of law to the
contrary.
purchase of american-made equipment and products
Sec. 139. Sense of Congress.--It is the sense of the Congress that,
to the greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be American-
made.
(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
in this Act, the head of each agency of the Federal or District of
Columbia government, to the greatest extent practicable, shall provide
to such entity a notice describing the statement made in subsection (a)
by the Congress.
Sec. 140. No funds made available pursuant to any provision of this
Act shall be used to implement or enforce any system of registration of
unmarried, cohabiting couples whether they are homosexual, lesbian, or
heterosexual, including but not limited to registration for the purpose
of extending employment, health, or governmental benefits to such
couples on the same basis that such benefits are extended to legally
married couples; nor shall any funds made available pursuant to any
provision of this Act otherwise be used to implement or enforce D.C.
Act 9-188, signed by the Mayor of the District of Columbia on April 15,
1992.
Sec. 141. Section 6(e)(1)(A) of Public Law 101-590 is amended by
striking ``1995'' and inserting ``2000''.
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 direction 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 Appropriations Act, 1994, approved October 29, 1993 (Public
Law 103-127; 107 Stat. 1337), $18,797,000 are rescinded for a net
decrease of $18,633,000.
Economic Development and Regulation
(including rescission)
For an additional amount for ``Economic development 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.
Public Safety and Justice
(including rescission)
For an additional amount for ``Public safety and justice'',
$16,398,000: 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. 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 system'',
$17,243,000 for public schools of the District of Columbia 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 $17,125,000.
Human Support Services
(including rescission)
For an additional amount for ``Human support services'',
-$-3-2-,-4-6-1-,-0-0-0 $38,961,000: Provided, That $4,657,000 of this
appropriation, to remain available until expended, shall be available
solely for District of Columbia employees' disability compensation:
Provided further, 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. 1340), $831,000 are rescinded for a net increase
of -$-3-1-,-6-3-0-,-0-0-0 $38,130,000.
Public Works
(rescission)
Of the funds appropriated under this heading for the fiscal year
ending September 30, 1994 in the District of Columbia Appropriations
Act, 1994, approved October 29, 1993 (Public Law 103-127; 107 Stat.
1340), -$-9-,-0-9-2-,-0-0-0 $6,592,000 are rescinded.
Washington Convention Center Fund
(rescission)
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.
1340), $338,000 are rescinded.
Repayment of Loans and Interest
(rescission)
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.
1340 and 1341), $15,161,000 are rescinded.
Repayment of General Fund Recovery Debt
For an additional amount for ``Repayment of General Fund Recovery
Debt'', $312,000.
Optical and Dental Benefits
(rescission)
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.
1341), $11,000 are rescinded.
Severance Pay
For an additional amount for ``Severance pay'', $6,000,000.
D.C. General Hospital Deficit Payment
(rescission)
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.
1341), $5,500,000 are rescinded.
Cash Reserve Fund
(rescission)
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.
1341), $3,957,000 are rescinded.
Short-Term Borrowing
For ``Short-term borrowing'', $3,500,000.
Water and Sewer Enterprise Fund
(rescission)
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.
1343), $9,411,000 are rescinded: Provided, That $37,436,000 of the
amounts available for fiscal year 1994 shall be apportioned and payable
to the debt service fund for repayment of loans and interest incurred
for capital improvement projects instead of $40,438,000 as provided
under this heading in the District of Columbia Appropriations Act,
1994, approved October 29, 1993 (Public Law 103-127; 107 Stat. 1343).
Lottery and Charitable Games Enterprise Fund
For an additional amount for ``Lottery and Charitable Games
Enterprise Fund'', $1,235,000.
Cable Television Enterprise Fund
The paragraph under the heading ``Cable Television Enterprise
Fund'' in the District of Columbia Appropriations Act, 1994, approved
October 29, 1993, is amended by inserting after the figure
``$2,353,000'' the following: ``of which $140,000 shall be transferred
to the General Fund of the District of Columbia.''.
Starplex Fund
The paragraph under the heading ``Starplex Fund'' in the District
of Columbia Appropriations Act, 1994, approved October 29, 1993, is
amended by inserting after the phrase ``Television'' the following:
``and an additional $1,400,000 shall be transferred to the General Fund
of the District of Columbia.''.
General Provisions
Sec. 201. Notwithstanding any other provision of law,
appropriations made and authority granted pursuant to this title shall
be deemed to be available for the fiscal year ending September 30,
1994.
This title may be cited as the ``District of Columbia Supplemental
Appropriations and Rescissions Act, 1994''.
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