2000
H.R.2492
One Hundred Third Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, one thousand nine hundred and ninety-three
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, 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, $115,888,000: 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: 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, $87,293,000: 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
(including transfer of funds)
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, $892,156,000: 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 i
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nception 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 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 in addition to the $892,156,000 appropriated
under this heading, an additional $1,025,000 and 11 full-time equivalent
positions shall be transferred from the Department of Administrative
Services to the District of Columbia Court System for janitorial
services, pest control, window washing, trash collection and removal,
and landscaping: 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, $711,742,000, 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; $3,474,000 for the Commission on
the Arts and Humanities; $4,500,000 for the District of Columbia School
of Law; and $487,000 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, $882,359,000: Provided, That $20,905,000 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 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, $206,191,000: 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,
$306,264,000.
Repayment of General Fund Recovery Debt
For the purpose of eliminating th
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e $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 Decem- ber 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, $3,323,000.
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,
$81,680,000.
Severance Pay
For severance pay to employees who are involuntarily separated from
service as a result of reductions-in-force or reorganizations,
$2,202,000.
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.
Energy Adjustments
The Mayor shall reduce appropriations and expenditures for energy
costs in the amount of $482,000 within one or several of the various
appropriation headings in this Act.
Communications Adjustments
The Mayor shall reduce appropriations and expenditures for
communications costs in the amount of $158,000 within one or several of
the various appropriation headings in this Act.
Contractual Services Adjustments
The Mayor shall reduce contractual services appropriations and
expenditures within object class 40 in the amount of $1,500,000 within
one or several of the various appropriation headings in this Act:
Provided, That no reductions shall be made to agencies not under the
direct control of the Mayor or to the Department of Human Services.
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.
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 Septem- ber 30,
1995: Provided further, That upon expiration of any such project
authorization the funds provided herein for the project shall lapse:
Provided further, That the District of Columbia government shall
transmit to the House and Senate Committees on Appropriations, the House
Committee on the District of Columbia, and the Senate Committee on
Governmental Affairs, no later than April 15, 1994, a proposed plan
providing for the financing of the capital rehabilitation and
revitalization of the medical infrastructure within the District of
Columbia: Provided further, That this plan shall include how the capital
needs of all hospitals will be addressed: Provided further, That this
plan shall specifically address the currently authorized George
Washington University project as part of the overall plan: Provided
further, That once the Fish and Wildlife Service study on the fishway at
Little Falls Dam is complete the Washington Aqueduct may use up to
$500,000 of funds provided to it under this heading to initiate
construction of modifications to the Little Falls Dam facility for the
purpose of environmental restoration and improvements by providing
passage for anadromous fish on the Potomac River.
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 expen
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ses 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 S
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tat. 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 1994
shall be excluded from the computation of the rate of disability
retirement under subsection 145(a) of the District of Columbia
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etirement 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. 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. 136. 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. 137. The Mayor of the District of Columbia shall report back to
the Congress within 90 days on the status of construction of a new
Federal prison in the District of Columbia as previously authorized by
Congress.
amendments to charter for group hospitalization and medical services
Sec. 138. (a) Legal Domicile.--The first section of the Act entitled
``An Act providing for the incorporation of certain persons as Group
Hospitalization, Inc.'', approved August 11, 1939 (hereafter referred to
as ``the Act''), is amended by adding at the end thereof the following:
``The District of Columbia shall be the legal domicile of the
corporation.''.
(b) Regulatory Authority.--
(1) In general.--Section 5 of the Act is amended to read as
follows:
``Sec. 5. The corporation shall be licensed and regulated by the
District of Columbia in accordance with the laws and regulations of the
District of Columbia.''.
(2) Repeal.--The Act is amended by striking section 7.
(c) Reimbursement of Regulatory Costs by the Corporation.--The Act
(as amended by subsection (b) of this section) is amended by inserting
after section 6 the following new section:
``Sec. 7. The corporation shall reimburse the District of Columbia
for the costs of insurance regulation (including financial and market
conduct examinations) of the corporation and its affiliates and
subsidiaries by the District of Columbia.''.
(d) Effective Date.--The amendments made by this section shall take
effect October 1, 1993.
Sec. 139. (a) Title IV of the District of Columbia Omnibus Budget
Support Act of 1992 (D.C. Law 9-145) is hereby repealed, and any
provision of the District of Columbia Retirement Reform Act amended by
such title is restored as if such title had not been enacted into law.
(b) Subsection (a) shall apply beginning September 10, 1992.
Sec. 140. Section 422(3) of the District of Columbia Self-Government
and Governmental Reorganization Act of 1973, approved December 24, 1973
(87 Stat. 790; D.C. Code, sec. 1-242(3)), is amended by striking the
period at the end of the fourth sentence and inserting the following:
``, and except that nothing in this section shall prohibit the
District from paying an employee overtime pay in accordance with section
7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207).''.
Sec. 141. Effective October 1, 1993, there is hereby established
pursuant to the District of Columbia Fund Accounting Act of 1980,
effective June 14, 1980 (D.C. Law 3-70; D.C. Code, sec. 47-371 et seq.),
a Cash Reserve Fund to replenish the consolidated cash balances of the
District of Columbia.
Sec. 142. 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.
This title may be cited as the ``District of Columbia Appropriations
Act, 1994''.
TITLE II
FISCAL YEAR 1993 SUPPLEMENTAL
DISTRICT OF COLUMBIA FUNDS
Governmental Direction and Support
(including rescission)
For an additional amount for ``Governmental direction and support'',
$14,231,000: 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), $6,342,000 are rescinded for a net increase of
$7,889,000.
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'', $5,202,000: 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), $10,242,000 are rescinded for a
net decrease of $5,040,000.
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), $20,578,000 are rescinded for a net decrease
of $14,348,000: Provided further, That any unspent funds remaining in
the personal and 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 Police Department for the purchase of
equipment in fiscal year 1994.
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ic Education System
(including rescission)
For an additional amount for ``Public education system'', $4,000,000
for the public schools of the District of Columbia and $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 $3,257,000.
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'',
$81,772,000: Provided, That $7,000,000 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, 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 $79,551,000.
Public Works
(including rescission)
For an additional amount for ``Public works'', $23,447,000:
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. 1427), $3,271,000 are rescinded for a net increase of
$20,176,000.
Repayment of Loans and Interest
For an additional amount for ``Repayment of loans and interest'',
$11,059,000.
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.
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
5d5
$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 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''.
Sec. 203. 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, 1993.
This title may be cited as the ``District of Columbia Supplemental
Appropriations and Rescissions Act, 1993''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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