Federal
Support for Economic Development and Management Reforms in the District
Federal Payment to the
District of Columbia Courts
District
of Columbia Offender Supervision, Defender, and Court Services Agency
Payment
to the District of Columbia Corrections Trustee Operations
Federal
Payment to the District of Columbia Judicial Retirement and Supervisors Annuity Fund
Division of Expenses
Government Direction and Support
Economic Development and Regulation
Public Safety and Justice
Public Education System
Human Support Services
Public Works
Financing and Other UsesEnterprise and Other Uses
Water and Sewer
Authority and the Washington Aqueduct
Lottery and Charitable Games
Control Board
Starplex Fund
D.C. General Hospital
D.C. Retirement Board
Correctional Industries Fund
Washington Convention Center
Enterprise Fund
District
of Columbia Financial Responsibility and Management Assistance Authority
Capital Outlay
Linda W. Cropp at the request of the Mayor
A Bill
To approve the request of the District of Columbia government for the fiscal year
ending September 30, 1999, and for other purposes.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as
the "Fiscal Year 1999 Budget Request Act".
Sec. 2. The Council of the District of Columbia
approves the following expenditure levels and appropriation language for the government of
the District of Columbia for the fiscal year ending September 30, 1999.
Federal
Support for Economic Development and Management Reforms in the District.
To capitalize the District of Columbia National Capital Revitalization
Corporation, subject to authorizing legislation to be enacted by the District Council,
$50,000,000 to remain available until expended for economic development planning, project
development, capital investments, loans, grants, administrative expenses and other
purposes included in the District Council’s authorizing legislation: Provided, That
no funds are available unless the Secretary of the Treasury, in consultation with the
Director of the Office of Management and Budget, determines that the Corporation advances
the purposes of the National Capital Revitalization and Self-Government Improvement Act of
1997: Provided further, That the Secretary, after apportionment pursuant to 31
U.S.C. 1512, may provide for the disbursement of the funds in stages.
For the Washington Metropolitan Area Transit Authority, $25,000,000 for
transportation improvements related to the Washington Convention Center project.
For payment to the District of Columbia, $25,000,000, which shall be
deposited into an escrow account of the District of Columbia Financial Responsibility and
Management Assistance Authority, and shall be disbursed from such escrow account by the
Authority only for management reforms to improve the District of Columbia’s economic
development infrastructure pursuant to sections 11101-11106 of the District of Columbia
Management Reform Act of 1997 (Public Law 105-33).
Federal
Payment to the District of Columbia Courts
Notwithstanding any other provision of law, $142,000.000 for payment to
the Joint Committee on Judicial Administration in the District of Columbia; of which not
to exceed $121,000,000 shall be for District of Columbia Courts operation, and not to
exceed $21,000,000, to remain available until September 30, 2001, shall be for capital
improvements for District of Columbia courthouse facilities: Provided, That said
sums shall be paid quarterly by the Treasury of the United States based on quarterly
apportionments approved by the Office of Management and Budget, with payroll and financial
services to be provided on a contractual basis with the General Services Administration,
said services to include the preparation and submission of monthly financial reports to
the President and the Committee on Appropriations of the Senate and House of
Representatives, the Committee on Government Affairs of the Senate, and the Committee on
Government Reform and Oversight of the House of Representatives.
District
of Columbia Offender Supervision, Defender, and Court Services Agency
For payment to the District of Columbia Offender Supervision, Defender,
and Court Services Agency, $59,400,000, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997, Public Law 105-33; of which
$33,802,000 shall be for necessary expenses of Parole Revocation, Adult Probation and
Offender Supervision; $14,486,000 shall be available to the Public Defender Service; and
$11,112,000 shall be available to the Pretrial Services Agency.
Payment to the
District of Columbia Corrections Trustee Operations
For payment to the District of Columbia Corrections Trustee, $
184,800,000 for the administration and operation of correctional facilities and for the
administrative operating costs of the Office of the Corrections Trustee, as authorized by
section 11202 of the National Capital Revitalization and Self-Government Improvement Act
of 1997, Public Law 105-33.
Federal
Payment to the District of Columbia Judicial Retirement and Survivors Annuity Fund
For payment to the District of Columbia Judicial Retirement and
Survivors Annuity Fund, $6,000,000, to finance judges’ retirement pay, annuities and the
administration of the Fund, as authorized by section 11251 of the National Capital
Revitalization and Self-Government Improvement Act of 1997 (Public Law 105-33)
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, $138,978,000 (including
$120,411,000 from local funds, $11,240,000 from Federal funds, and $7,327,000 from other
funds): 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 Chief Management Officer
shall be available from this appropriation 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
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, $152,320,000 (including
$36.043.000 from local funds, $80,365,000 from Federal funds, and $35,912,000 from other
funds), including $12,000,000 collected in the form of BID tax revenue collected by the
District of Columbia on behalf of business improvement districts pursuant to the Business
Improvement Districts Act of 1996, effective May 29, 1996 (D.C. Law 11-134; D.C. Code,
sec. 1-2271 et seq.) and the Business Improvement Districts Temporary Amendment Act of
1997 (D.C. Law 12-23).
Public safety and justice, including purchase or lease of 135
passenger-carrying vehicles for replacement only, including 130 for police-type use and
five for fire-type use, without regard to the general purchase price limitation for the
current fiscal year, $565,386,000 (including $497,694,000 from local funds, $53,378,000
from Federal funds, and $14,314,000 from other funds): Provided, That the
Metropolitan Police Department is authorized to replace not to exceed 25
passenger-carrying vehicles and the Department of Fire and Emergency Medical Services of
the District of Columbia is authorized to replace not to exceed five passenger-carrying
vehicles annually 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 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: Provided further, That
the Metropolitan Police Department is authorized to maintain 3,800 sworn officers, with
leave for a 50 officer attrition: Provided further, That $100,000 shall be
available for inmates released on medical and geriatric parole: Provided further, That
commencing on December 31, 1997, the Metropolitan Police Department shall provide to the
Committees on Appropriations of the Senate and House of Representatives, the Committee on
Governmental Affairs of the Senate, and the Committee on Government Reform and Oversight
of the House of Representatives, quarterly reports on the status of crime reduction in
each of the 83 police service areas established throughout the District of Columbia: Provided
further, That funds appropriated for expenses under the District of Columbia Criminal
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, 1999, 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, 1999, shall be
available for obligations incurred under the Act in each fiscal year since inception in
the fiscal year 1985: Provided further, That funds appropriated for expenses under
the District of Columbia Guardianship, Protective Proceedings, and Durable Power of
Attorney Act of 1986, effective February 27, 1987 (D.C. Law 6-204; D.C. Code. sec.
21-2060), for the fiscal year ending September 30, 1999, shall be available for
obligations incurred under the Act in each fiscal year since inception in fiscal year
1989.
Public education system, including the development of national defense
education programs, $676,291,000 (including $540,263,000 from local funds, $ 112,314,000
from Federal funds, and $23,714,000 from other funds), to be allocated as follows:
$564,130,000 (including $460,143.000 from local funds, $98,491,000 from Federal funds, and
$5,496,000 from other funds), for the public schools of the District of Columbia;
$18,600,000 from local funds for the District of Columbia Teachers’ Retirement Fund;
$1,235,000 from local funds for public charter schools; $63,378,000 (including $37,791.000
from local funds, $12,776,000 from Federal funds, and $17,811,000 from other funds) for
the University of the District of Columbia; $21,760,000 (including $20,667,000 from local
funds, $686,000 from Federal funds and $407,000 other funds) for the Public Library;
$2,188,000 (including $1,827,000 from local funds and $361,000 from Federal funds) for the
Commission on the Arts and Humanities: Provided further, That the public schools of
the District of Columbia are authorized to accept not to exceed 31 motor vehicles for
exclusive use in the driver education program: Provided further, That not to exceed
$2,500 for the Superintendent of Schools, $2,500 for the President of the University of
the District of Columbia, and $2,000 for the Public Librarian shall be available from this
appropriation for official purposes: Provided further, That not less than
$1,200,000 shall be available for local school allotments in a restricted line item: Provided
further, That not less than $4,500,000 shall be available to support kindergarten
aides in a restricted line item: Provided further, That not less than $2,800,000
shall be available to support substitute teachers in a restricted line item: Provided
further, That not less than $1,788,000 shall be available in a restricted line item
for school counselors: 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, 1999, a tuition
rate schedule that will establish the tuition rate for nonresident students at a level no
lower than the nonresident tuition rate charged at comparable public institutions of
higher education in the metropolitan area.
Human support services, $1,796,769,000 (including $770,775.000 from
local funds, $984,235,000 from Federal funds, and $41,759,000 from other funds): Provided,
That $21,089,000 of this appropriation, to remain available until expended, shall be
available solely for District of Columbia employees’ disability compensation: Provided
further, That a peer review committee shall be established to review medical payments
and the type of service received by a disability compensation claimant: Provided
further, That the District of Columbia 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, 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 leasing of passenger- carrying vehicles, $246,725,000 (including $236,769,000 from
local funds, $3,502,000 from Federal funds, and $6,454,000 from other funds): Provided,
That this appropriation shall not be available for collecting ashes or miscellaneous
refuse from hotels and places of business.
Financing and other uses, $462.111,000 (including for payment to the
Washington Convention Center Enterprise Fund, $5,400,000 from local funds; 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 I 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 Home Rule 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,
$399,332,000 from local funds; for the purpose of eliminating the $331,589,000 general
fund accumulated deficit as of September 30, 1990, $38,453,000 from local funds. as
authorized by section 461(a) of the District of Columbia Home Rule Act, approved December
24. 1973. as amended (105 Stat. 540; Public Law 102-106; D.C. Code, sec. 47-321(a)(1));
for payment of interest on short-term borrowing, $11,000,000 from local funds; for lease
payments in accordance with the Certificates of Participation involving the land site
underlying the building located at One Judiciary Square. $7.926.000 from local funds.
Enterprise and other uses, $16.386 000 (including 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.).
$2,467.000 (including $2.135.000 from local funds and $332,000 from other funds); for the
Public Service Commission $4,971 000 (including $4,575,000 from local funds, $197,000 from
Federal funds, and $199 000 from other funds); for the Office of People’s Counsel,
$2,501,000 from local funds; for the Office of Banking and Financial Institutions,
$615,000 (including $100,000 from local funds and $515,000 from other funds); for the
Department of Insurance and Securities Regulation, $5,832,000 from other funds.
Water
and Sewer Authority and the Washington Aqueduct
For the Water and Sewer Authority and the Washington Aqueduct,
$273,314,000 from other funds (including $239,493,000 for the Water and Sewer Authority
and $33,821,000 for the Washington Aqueduct) of which $39,933.000 shall be apportioned and
payable to the District’s debt service fund for repayment of loans and interest incurred
for capital improvement projects.
Lottery and
Charitable Games Control Board
For the Lottery and Charitable Games Control Board, established by the
District of Columbia 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, sees. 2-2501 et seq. and 22-1516 et seq.), $225,200,000: Provided,
That the District of Columbia shall identify the source of funding for this
appropriation title from the District’s own locally generated revenues: Provided
further, That no revenues from Federal sources shall be used to support the operations
or activities of the Lottery and Charitable Games Control Board.
For the Starplex Fund, $5,936,000 from other funds for expenses
incurred by the Armory Board in the exercise of its powers granted by An Act To Establish
A District of Columbia Armory Board, and for other purposes, 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 Home
Rule Act, approved December 24, 1973 (87 Stat. 824; Public Law 93-198; D.C. Code, sec.
47-301(b)).
For the District of Columbia General Hospital, established by
Reorganization Order No. 57 of the Board of Commissioners, effective August 15, 1953,
$111,099,000 of which $44,335,000 shall be derived by transfer from the general fund, and
$66,764,000 shall be derived from other funds.
For the D.C. Retirement Board, established by section 121 of the
District of Columbia Retirement Reform Act of 1979, approved November 17, 1979 (93 Stat.
866; D.C. Code, sec. 1-711), $18,202,000 from the earnings of the applicable retirement
funds to pay legal, management, investment, and other fees and administrative expenses of
the District of Columbia Retirement Board: Provided, 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 itemized
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.
For the Correctional Industries Fund, established by the District of
Columbia Correctional Industries Establishment Act, approved October 3, 1964 (78 Stat.
1000; Public Law 88-622), $3,332,000 from other funds.
Washington
Convention Center Enterprise Fund
For the Washington Convention Center Enterprise Fund, $46,400,000 of
which $5,400,000 shall be derived by transfer from the general fund.
District
of Columbia Financial Responsibility and Management Assistance Authority
For the District of Columbia Financial Responsibility and Management Assistance
Authority, established by section 101(a) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat.
97; Public Law 104-8), $3,220,000.
For construction projects, a net increase of $1,447,071,010 (including
a rescission of $154,358,427 of which $142.878,427 is from local funds and $11,480,000 is
from Federal funds appropriated under this heading in prior fiscal years and an additional
$1,601,429,437 of which $672.495,663 is from local funds, $144,471,000 is from the highway
trust fund, and $784,462,774 is from Federal funds), to remain available until expended: Provided,
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, 2000, except authorizations for
projects as to which funds have been obligated in whole or in part prior to September 30,
2000: Provided further, That upon expiration of any such project authorization the
funds provided herein for the project shall lapse.
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 I I (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. 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 Subcommittee on the
District of Columbia of the House Committee on Government Reform and Oversight, the
Subcommittee on Oversight of Government Management, Restructuring and the District of
Columbia of the Senate Committee on Governmental Affairs, and the Council of the District
of Columbia, or their duly authorized representative.
Sec. 111. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making payments authorized by the
District of Columbia Revenue Recovery Act of 1977, effective September 23, 1977 (D.C. Law
2-20; D.C. Code, sec. 47-421 et seq.).
Sec. 112. No part of this appropriation shall be used for publicity or
propaganda purposes or implementation of any policy including boycott designed to support
or defeat legislation pending before Congress or any State legislature.
Sec. 113. At the start of the fiscal year, the Mayor shall develop an
annual plan, by quarter and by project, for capital outlay borrowings: Provided, That
within a 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. 114. 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. 115. The Mayor shall not expend any moneys borrowed for capital
projects for the operating expenses of the District of Columbia government.
Sec. 116. None of the funds appropriated by this Act may be obligated
or expended by reprogramming except pursuant to advance approval of the reprogramming
granted according to the procedure set forth in the Joint Explanatory Statement of the
Committee of Conference (House Report No. 96-443), which accompanied the 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.): Provided, That for the fiscal year ending September 30, 1999 the above
shall apply except as modified by Public Law 104-8.
Sec. 117. None of the Federal funds provided in this Act shall be
obligated or expended to provide a personal cook, chauffeur, or other personal servants to
any officer or employee of the District of Columbia.
Sec. 118. None of the Federal funds provided in this Act shall be
obligated or expended to procure passenger automobiles as defined in the Automobile Fuel
Efficiency Act of 1980, approved October 10, 1980 (94 Stat. 1824; Public Law 96-425; 15
U.S.C. 2001(2)), with an 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. 119. (a) Notwithstanding section 422(7) of the District of
Columbia Home Rule 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 1998 shall be deemed to be the rate of pay
payable for that position for September 30, 1998.
(c) Notwithstanding section 4(a) of the District of Columbia
Redevelopment Act of 1945, approved August 2, 1946 (60 Stat. 793; Public Law 79-592; D.C.
Code, sec. 5-803(a)), the Board of Directors of the District of Columbia Redevelopment
Land Agency shall be paid, during any fiscal year, per diem compensation at a rate
established by the Mayor.
Sec. 120. 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. I -601.1 et seq.), enacted
pursuant to section 422(3) of the District of Columbia Home Rule 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, United States Code.
Sec. 121. 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),
based upon a determination by the Director, that by reason of circumstances set forth in
such determination, the payment of these rents and the execution of this work, without
reference to the limitations of section 322, is advantageous to the District in terms of
economy, efficiency, and the District’s best interest.
Sec. 122. No later than 30 days after the end of the first quarter of
the fiscal year ending September 30, 1999, the Chief Financial Officer, on behalf of the
Mayor of the District of Columbia shall submit to the Council of the District of Columbia
the new fiscal year 1999 revenue estimates as of the end of the first quarter of fiscal
year 1999. These estimates shall be used in the budget request for the fiscal year ending
September 30, 2000. The officially revised estimates at midyear shall be used for the
midyear report.
Sec. 123. No sole source contract with the District of Columbia
government or any agency thereof may be 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 government or any agency thereof may
renew or extend sole source contracts for which competition is not feasible or practical: Provided,
That the determination as to whether to invoke the competitive bidding process has
been made in accordance with duly promulgated rules and procedures and said determination
has been reviewed and approved by the District of Columbia Financial Responsibility and
Management Assistance Authority.
Sec. 124. For purposes of the Balanced Budget and Emergency Deficit
Control Act of ] 985. 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. 125. In the event a sequestration order is issued pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985, approved December 12, 1985 (99
Stat. 1037: Public Law 99-177), as amended, after the amounts appropriated to the District
of Columbia for the fiscal year involved have been paid to the District of 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. 126. (a) An entity of the District of Columbia government may
accept and use a gift or donation during fiscal year 1999 if
(1) the Mayor approves the acceptance and use of the gift or donation: 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. 127. None of the Federal funds provided in this Act may be used by
the District of Columbia to provide for salaries, expenses, or other costs associated with
the offices of United States Senator or United States Representative 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. I-113(d)).
Sec. 128. The University of the District of Columbia shall submit to
the Congress, the Mayor. the District of Columbia Financial Responsibility and Management
Assistance Authority. and the Council of the District of Columbia no later than fifteen
(15) calendar days after the end of each month a report that sets forth
(1) current month expenditures and obligations, year-to-date
expenditures and obligations, and total fiscal year expenditure projections versus budget
broken out on the basis of control center, responsibility center, and object class, and
for all funds, non-appropriated funds, and capital financing;(2) a list of each account for which spending is frozen and the amount
of funds frozen, broken out by control center, responsibility center. detailed object, and
for all funding sources;(3) a list of all active contracts in excess of $10.000 annually, which
contains the name of each contractor; the budget to which the contract is charged, broken
out on the basis of control center and responsibility center, and contract identifying
codes used by the University of the District of Columbia; payments made in the last month
and year-to-date, the total amount of the contract and total payments made for the
contract and any modifications, extensions, renewals; and specific modifications made to
each contract in the last month;
(4) all reprogramming requests and reports that have been made by the
University of the District of Columbia within the last month in compliance with applicable
law; and(5) changes made in the last month to the organizational structure of
the University of the District of Columbia, displaying previous and current control
centers and responsibility centers. the names of the organizational entities that have
been changed, the name of the staff member supervising each entity affected, and the
reasons for the structural change.
Sec. 129. Funds authorized or previously appropriated to the government
of the District of Columbia by this or any other Act to procure the necessary hardware and
installation of new software, conversion, testing, and training to improve or replace its
financial management system are also available for the acquisition of accounting and
financial management services and the leasing of necessary hardware, software or any other
related goods or services. as determined by the District of Columbia Financial
Responsibility and Management Assistance Authority.
Sec. 130. The Emergency Transitional Education Board of Trustees shall
submit to the Congress, the Mayor, the District of Columbia Financial Responsibility and
Management Assistance Authority, and the Council of the District of Columbia no later than
fifteen ( 15) calendar days after the end of each month a report that sets forth
(1) current month expenditures and obligations, year-to-date
expenditures and obligations, and total fiscal year expenditure projections versus budget
broken out on the basis of control center, responsibility center, agency reporting code.
and object class, and for all funds, including capital financing;(2) a list of each account for which spending is frozen and the amount
of funds frozen, broken out by control center. responsibility center. detailed object, and
agency reporting code, and for all funding sources;(3) a list of all active contracts in excess of $10,000 annually, which
contains the name of each contractor; the budget to which the contract is charged broken,
out on the basis of control center, responsibility center. and agency reporting code; and
contract identifying codes used by the D.C. Public Schools; payments made in the last
month and year-to-date, the total amount of the contract and total payments made for the
contract and any modifications, extensions, renewals; and specific modifications made to
each contract in the last month;(4) all reprogramming requests and reports that are required to be, and
have been, submitted to the Board of Education; and(5) changes made in the last month to the organizational structure of
the D.C. Public Schools, displaying previous and current control centers and
responsibility centers, the names of the organizational entities that have been changed.
the name of the staff member supervising each entity affected, and the reasons for the
structural change.
Sec. 131. (a) In General – The Emergency Transitional Education
Board of Trustees of the District of Columbia and the University of the District of
Columbia shall annually compile an accurate and verifiable report on the positions and
employees in the public school system and the university. respectively. The annual report
shall set forth
(1) the number of validated schedule A positions in the District of
Columbia public schools and the University of the District of Columbia for fiscal year
1998, fiscal year 1999, and thereafter on full-time equivalent basis, including a
compilation of all positions by control center, responsibility center, funding source,
position type, position title, pay plan, grade. and annual salary; and(2) a compilation of all employees in the District of Columbia public schools and the
University of the District of Columbia as of the preceding December 31, verified as to its
accuracy in accordance with the functions that each employee actually performs, by control
center, responsibility center, agency reporting code, program (including funding source),
activity, location for accounting purposes, job title, grade and classification, annual
salary, and position control number.
(b) Submission. – The annual report required by subsection (a) of this section
shall be submitted to the Congress, the Mayor, the District of Columbia Council, the
Consensus Commission, and the Authority, not later than February 15 of each year.
Sec. 132. (a) No later than October 1, 1998, or within 15 calendar days
after the date of the enactment of the District of Columbia Appropriations Act, 1999,
which ever occurs later, and each succeeding year, the Emergency Transitional Education
Board of Trustees and the University of the District of Columbia shall submit to the
appropriate congressional committees, the Mayor, the District of Columbia Council, the
Consensus Commission, and the District of Columbia Financial Responsibility and Management
Assistance Authority, a revised appropriated funds operating budget for the public school
system and the University of the District of Columbia for such fiscal year that is in the
total amount of the approved appropriation and that realigns budgeted data for personal
services and other-than-personal services. respectively, with anticipated actual
expenditures.
(b) The revised budget required by subsection (a) of this section shall
be submitted in the format of the budget that the Emergency Transition Education Board of
Trustees and the University of the District of Columbia submit to the Mayor of the
District of Columbia for inclusion in the Mayor’s budget submission to the Council of the
District of Columbia pursuant to section 442 of the District of Columbia Home Rule Act,
Public Law 93-198, as amended (D.C. Code, sec. 47-301).
Sec. 133. The Emergency Transitional Education Board of Trustees, the
Board of Trustees of the University of the District of Columbia, the Board of Library
Trustees, and the Board of Governors of the University of the District of Columbia School
of Law shall vote on and approve their respective annual or revised budgets before
submission to the Mayor of the District of Columbia for inclusion in the Mayor’s budget
submission to the Council of the District of Columbia in accordance with section 442 of
the District of Columbia Home Rule Act, Public Law 93-198, as amended (D.C. Code, sec.
47-301), or before submitting their respective budgets directly to the Council.
Sec. 134. (a) Ceiling on Total Operating Expenses.–
(1) In General. – Notwithstanding any other provision of law, the
total amount appropriated in this Act for operating expenses for the District of Columbia
for fiscal year 1999 under the caption "Division of Expenses" shall not exceed
the lesser of –
(A) the sum of the total revenues of the District of Columbia for such
fiscal year; or(B) $4,826,489,000 (of which $134,555,000 shall be from intra-District
funds), which amount may be increased by the following:(i) proceeds of one-time transactions, which are expended for emergency
or unanticipated operating or capital needs approved by the District of Columbia Financial
Responsibility and Management Assistance Authority; or(ii) additional expenditures which the Chief Financial Officer of the
District of Columbia certifies will produce additional revenues during such fiscal year at
least equal to 200 percent of such additional expenditures, and which are approved by the
District of Columbia Financial Responsibility and Management Assistance Authority.(C) to the extent that the sum of the total revenues of the District of
Columbia for such fiscal year exceed the total amount provided for in subparagraph (B)
above, the Chief Financial Officer of the District of Columbia, with the approval of the
District of Columbia Financial Responsibility and Management Assistance Authority, may
credit up to ten percent (10%) of the amount of such difference, not to exceed $3,300,000,
to a reserve fund which may be expended for operating purposes in future fiscal years, in
accordance with the financial plans and budgets for such years.
(2) Enforcement. – The Chief Financial Officer of the District of
Columbia and the District of Columbia Financial Responsibility and Management Assistance
Authority (hereafter in this section referred to as "Authority") shall take such
steps as are necessary to assure that the District of Columbia meets the requirements of
this section, including the apportioning by the Chief Financial Officer of the
appropriations and funds made available to the District during fiscal year 1999, except
that the Chief Financial Officer may not reprogram for operating expenses any funds
derived from bonds. notes, or other obligations issued for capital projects.
(b) Acceptance and Use of Grants Not Included in Ceiling. –
(1) In General. – Notwithstanding subsection (a), the Mayor in consultation with
the Chief Financial Officer of the District of Columbia during a control year, as defined
in section 305(4) of Public Law 104-8, as amended, 109 Stat. 152 may accept, obligate, and
expend Federal, private, and other grants received by the District government that are not
reflected in the amounts appropriated in this Act.(2) Requirement of Chief Financial Officer Report and Financial Responsibility and
Management Assistance Authority Approval. – No such Federal, private, or other grant
may be accepted, obligated, or expended pursuant to paragraph (1) until –(A) the Chief Financial Officer of the District submits to the Authority a report
setting forth detailed information regarding such grant; and(B) the Authority has reviewed and approved the acceptance, obligation, and expenditure
of such grant in accordance with review and approval procedures consistent with the
provisions of the District of Columbia Financial Responsibility and Management Assistance
Act of 1995.
(3) Prohibition on Spending in Anticipation of Approval or Receipt.
– No amount may be obligated or expended from the general fund or other funds of the
District government in anticipation of the approval or receipt of a grant under paragraph
(2)(B) or in anticipation of the approval or receipt of a Federal, private, or other grant
not subject to such paragraph.
(4) Monthly Reports. – The Chief Financial Officer of the District
of Columbia shall prepare a monthly report setting forth detailed information regarding
all Federal, private, and other grants subject to this subsection. Each such report shall
be submitted to the Council of the District of Columbia, and to the Committees on
Appropriations of the House of Representatives and the Senate, not later than 15 days
after the end of the month covered by the report.
(c) Report on Expenditures by Financial Responsibility and Management
Assistance Authority. – Not later than 20 calendar days after the end of each fiscal
quarter starting October 1, 1997, the District of Columbia Financial Responsibility and
Management Assistance Authority shall submit a report to the Committees on Appropriations
of the House of Representatives and the Senate, the Committee on Government Reform and
Oversight of the House, and the Committee on Governmental Affairs of the Senate providing
an itemized accounting of all non-appropriated funds obligated or expended by the
Authority for the quarter. The report shall include information on the date, amount,
purpose, and vendor name, and a description of the services or goods provided with respect
to the expenditures of such funds.
Sec.135. The District of Columbia Emergency Transitional Education Board of Trustees
shall. subject to the contract approval provisions of Public Law 104-8 –
(A) develop a comprehensive plan to identify and accomplish energy conservation
measures to achieve maximum cost-effective energy and water savings;(B) enter into innovate financing and contractual mechanisms including, but not limited
to, utility demand-side management programs and energy savings performance contracts and
water conservation performance contracts: Provided, That the terms of such
contracts do not exceed 25 years; and(C) permit and encourage each department or agency and other instrumentality of the
District of Columbia to participate in programs conducted by any gas, electric or water
utility of the management of electricity or gas demand or for energy or water
conservation.
Sec. 136. (a) Notwithstanding any other provision of law, rule, or regulation, an
employee of the District of Columbia public schools shall be –
(1) classified as an Educational Service employee;
(2) placed under the personnel authority of the Board of Education; and
(3) subject to all Board of Education rules.
(b) School-based personnel shall constitute a separate competitive area from
nonschool-based personnel who shall not compete with school-based personnel for retention
purposes.
Sec. 137. Requiring Placement of Inspector General Hotline on Permit
and License Application Forms.–
(1) In General.– Each District of Columbia permit or license
application form printed after the expiration of the 30-day period which begins on the
date of the enactment of this Act shall include the telephone number established by the
Inspector General of the District of Columbia for reporting instances of waste, fraud, and
abuse, together with a brief description of the uses and purposes of such number.
(2) Quarterly Reports on use of Number.–Not later than 10 days
after the end of such calendar quarter of each fiscal year (beginning with fiscal year
1998), the Inspector General of the District of Columbia shall submit a report to Congress
on the number and nature of the calls received through the telephone number described in
paragraph (1) during the quarter and on the waste, fraud, and abuse detected as a result
of such calls.
Sec. 138. Notwithstanding any provision of any federally granted
charter or any other provision of law, the real property of the National Education
Association located in the District of Columbia shall be subject to taxation by the
District of Columbia in the same manner as any similar organization.
Sec. 139. Nothing in this Act shall be construed to authorize any
office, agency or entity to expend funds for programs or functions for which a
reorganization plan is required but has not been approved by the District of Columbia
Financial Responsibility and Management Assistance Authority (hereafter in this section
referred to as "Authority"). Appropriations made by this Act for such programs
or functions are conditioned only on the approval by the Authority of the required
reorganization plans.
Sec. 140. Notwithstanding any other provision of law, rule, or
regulation, the evaluation process and instruments for evaluating District of Columbia
public schools employees shall be a non-negotiable item for collective bargaining
purposes.
Sec. 3. This act shall take
effect as provided in section 446 of the District of Columbia Home Rule Act, approved
December 24, 1973 (87 Stat. 801; D.C. Code 47-304) and section 208 of the District of
Columbia Financial Responsibility and Management Assistance Act of 1995.