[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4380 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 537

105th CONGRESS

  2d Session

                               H. R. 4380

_______________________________________________________________________

                                 AN ACT

 Making appropriations for the government of the District of Columbia 
and other activities chargeable in whole or in part against revenues of 
 said District for the fiscal year ending September 30, 1999, and for 
                            other purposes.

_______________________________________________________________________

                            August 31, 1998

            Received; read twice and placed on the calendar
                                                       Calendar No. 537
105th CONGRESS
  2d Session
                                H. R. 4380


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            August 31, 1998

            Received; read twice and placed in the calendar

_______________________________________________________________________

                                 AN ACT


 
 Making appropriations for the government of the District of Columbia 
and other activities chargeable in whole or in part against revenues of 
 said District for the fiscal year ending September 30, 1999, 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, 1999, and for other purposes, 
namely:

                        TITLE I--APPROPRIATIONS

                             FEDERAL FUNDS

                  Metrorail Improvements and Expansion

    For a Federal contribution to the Washington Metropolitan Area 
Transit Authority for improvements and expansion of the Mount Vernon 
Square Metrorail station located at the site of the proposed Washington 
Convention Center project, $25,000,000, to remain available until 
expended.

                  Nation's Capital Infrastructure Fund

    For a Federal contribution to the District of Columbia towards the 
costs of infrastructure needs, which shall be deposited into an escrow 
account of the District of Columbia Financial Responsibility and 
Management Assistance Authority and disbursed by the Authority from 
such account for the repair and maintenance of roads, highways, 
bridges, and transit in the District of Columbia, $21,000,000, to 
remain available until expended.

   Environmental Study and Related Activities at Lorton Correctional 
                                Complex

    For a Federal contribution for an environmental study and related 
activities at the property on which the Lorton Correctional Complex is 
located, to be transferred to the Federal agency with authority over 
the Complex, $7,000,000, to remain available until expended.

       Offender Supervision, Defender, and Court Services Agency

    For a Federal contribution for the District of Columbia Offender 
Supervision, Defender, and Court Services Agency for establishment of a 
residential sanctions center and drug testing, intervention, and 
treatment, to be used to ensure adequate response to persons who 
violate conditions of supervision and to implement recommendations of 
the District of Columbia Truth-in-Sentencing Commission, $4,000,000.

    Federal 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 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 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.

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.

           Federal Payment for Metropolitan Police Department

    For payment to the Metropolitan Police Department, $1,200,000, for 
the administration and operating costs of the Citizen Complaint Review 
Office.

                  Federal Payment for Fire Department

    For payment to the Fire Department, $3,240,000, for a 5.5 percent 
pay increase to be effective and paid to firefighters beginning October 
1, 1998.

                  Federal Payment for Boys Town U.S.A.

    For a Federal contribution to the Board of Trustees of Boys Town 
U.S.A. for expansion of the operations of Boys Town of Washington, 
located at 4801 Sargent Road, Northeast, $4,000,000, to remain 
available until expended, to be paid upon certification by the 
Inspector General of the District of Columbia that $3,100,000 in 
matching funds from private contributions have been collected by Boys 
Town of Washington.

         Federal Payment to Historical Society for City Museum

    For a Federal payment to the Historical Society of Washington, 
D.C., for the establishment and operation of a Museum of the City of 
Washington, D.C. at the Carnegie Library at Mount Vernon Square, 
$2,000,000, to remain available until expended, to be deposited in a 
separate account of the Society used exclusively for the establishment 
and operation of such Museum: Provided, That the Secretary of the 
Treasury shall make such payment in quarterly installments, and the 
amount of the installment for a quarter shall be equal to the amount of 
matching funds that the Society has deposited into such account for the 
quarter (as certified by the Inspector General of the District of 
Columbia): Provided further, That notwithstanding any other provision 
of law, not later than January 1, 1999, the District of Columbia shall 
enter into an agreement with the Society under which the District of 
Columbia shall lease the Carnegie Library at Mount Vernon Square to the 
Society beginning on such date for 99 years at a rent of $1 per year 
for use as a city museum.

                       United States Park Police

    For a Federal payment to the United States Park Police, $8,500,000, 
to acquire, modify and operate a helicopter and to make necessary 
capital expenditures to the Park Police aviation unit base.

              Federal Payment for Waterfront Improvements

    For a Federal payment to the District of Columbia Department of 
Housing and Community Development for a study by the U.S. Army Corps of 
Engineers of necessary improvements to the Southwest Waterfront in the 
District of Columbia (including upgrading marina dock pilings and 
paving and restoring walkways in the marina and fish market areas) for 
the portions of Federal property in the Southwest quadrant of the 
District of Columbia that consist of Lots 847 and 848, a portion of Lot 
846, and the unassessed Federal real property adjacent to Lot 848 in 
Square 473, and for carrying out the improvements recommended by the 
study, $3,000,000: Provided, That no portion of such funds shall be 
available to the District of Columbia for carrying out such 
improvements unless the District of Columbia executes a 30-year lease 
with the existing lessees, or with their successors in interest, of 
such portions of property not later than 90 days after the date of 
enactment of this Act.

                 Federal Payment for Mentoring Services

    For a Federal payment to the International Youth Service and 
Development Corps, Inc. for a mentoring program for at-risk children in 
the District of Columbia, $200,000: Provided, That the International 
Youth Service and Development Corps, Inc. shall submit to the 
Committees on Appropriations of the House of Representatives and the 
Senate an annual report on the activities carried out with such funds 
due November 30 of each year.

                  Federal Payment for Hotline Services

    For a Federal payment to the International Youth Service and 
Development Corps, Inc. for the operation of a resource hotline for 
low-income individuals in the District of Columbia, $50,000: Provided, 
That the International Youth Service and Development Corps, Inc. shall 
submit to the Committees on Appropriations of the House of 
Representatives and the Senate an annual report on the activities 
carried out with such funds due November 30 of each year.

                  Federal Payment for Public Education

    For a Federal contribution to the public education system for 
public charter schools, $20,391,000.

                       DISTRICT OF COLUMBIA FUNDS

                           OPERATING EXPENSES

                          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, $164,144,000 (including 
$136,485,000 from local funds, $13,955,000 from Federal funds, and 
$13,704,000 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: Provided further, That all employees 
permanently assigned to work in the Office of the Mayor shall be paid 
from funds allocated to the Office of the Mayor.

                  Economic Development and Regulation

    Economic development and regulation, $159,039,000 (including 
$45,162,000 from local funds, $83,365,000 from Federal funds, and 
$30,512,000 from other funds), of which $12,000,000 collected by the 
District of Columbia in the form of BID tax revenue shall be paid to 
the respective BIDS pursuant to the Business Improvement Districts Act 
of 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): Provided, That such funds are available for acquiring 
services provided by the Federal General Services Administration: 
Provided further, That Business Improvement Districts shall be exempt 
from taxes levied by the District of Columbia.

                       Public Safety and Justice

    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, 
$755,786,000 (including $531,660,000 from local funds, $30,327,000 from 
Federal funds, and $193,799,000 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 
no more than 15 members of the Metropolitan Police Department shall be 
detailed or assigned to the Executive Protection Unit, until the Chief 
of Police submits a recommendation to the Council for its review: 
Provided further, That $100,000 shall be available for inmates released 
on medical and geriatric parole: Provided further, That commencing on 
December 31, 1998, 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

    Public education system, including the development of national 
defense education programs, $793,725,000 (including $640,135,000 from 
local funds, $130,638,000 from Federal funds, and $22,952,000 from 
other funds), to be allocated as follows: $644,805,000 (including 
$545,000,000 from local funds, $95,121,000 from Federal funds, and 
$4,684,000 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, $32,626,000 (including $12,235,000 from 
local funds and $20,391,000 from Federal funds not including funds 
already made available for District of Columbia public schools) for 
public charter schools: Provided, That if the entirety of this 
allocation has not been provided as payments to any public charter 
schools currently in operation through the per pupil funding formula, 
the funds shall be available for new public charter schools on a per 
pupil basis: Provided further, That $485,000 be available to the 
District of Columbia Public Charter School Board for administrative 
costs: Provided further, That if the entirety of this allocation has 
not been provided as payment to one or more public charter schools by 
May 1, 1999, and remains unallocated, the funds shall be deposited into 
a special revolving loan fund described in section 172 of Public Law 
95-100 (111 Stat. 2191), to be used solely to assist existing or new 
public charter schools in meeting startup and operating costs: Provided 
further, That the Emergency Transitional Education Board of Trustees of 
the District of Columbia shall report to Congress not later than 120 
days after the date of enactment of this Act on the capital needs of 
each public charter school and whether the current per pupil funding 
formula should reflect these needs: Provided further, That until the 
Emergency Transitional Education Board of Trustees reports to Congress 
as provided in the preceding proviso, the Emergency Transitional 
Education Board of Trustees shall take appropriate steps to provide 
public charter schools with assistance to meet capital expenses in a 
manner that is equitable with respect to assistance provided to other 
District of Columbia public schools: Provided further, That the 
Emergency Transitional Education Board of Trustees shall report to 
Congress not later than November 1, 1998, on the implementation of 
their policy to give preference to newly created District of Columbia 
public charter schools for surplus public school property, $72,088,000 
(including $40,148,000 from local funds, $14,079,000 from Federal 
funds, and $17,861,000 from other funds) for the University of the 
District of Columbia, $23,419,000 (including $22,326,000 from local 
funds, $686,000 from Federal funds and $407,000 from other funds) for 
the Public Library, $2,187,000 (including $1,826,000 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 in using funds for repair and 
improvement of the District of Columbia's public school facilities made 
available under this or any other Act, the District of Columbia 
Financial Responsibility and Management Assistance Authority (or its 
designee) may place orders for engineering and construction and related 
services with the U.S. Army Corps of Engineers: Provided further, That 
the U.S. Army Corps of Engineers may accept such orders on a 
reimbursable basis and may provide any part of the services under such 
orders by contract. In providing such services, the U.S. Army Corps of 
Engineers shall follow the Federal Acquisitions Regulation and the 
implementing regulations of the Department of Defense: Provided 
further, That $244,078 shall be used to reimburse the National Capital 
Area Council of the Boy Scouts of America for services provided on 
behalf of 12,600 students at 39 public schools in the District of 
Columbia during fiscal year 1998 (including staff, curriculum, and 
support materials): Provided further, That the Inspector General of the 
District of Columbia shall certify not later than 30 days after the 
date of the enactment of this Act whether or not the services were so 
provided: Provided further, That the reimbursement shall be made not 
later than 15 days after the Inspector General certifies that the 
services were provided: Provided further, That up to $500,000 shall be 
available for services provided by the National Capital Area Council of 
the Boy Scouts of America for services provided at 78 schools in the 
District of Columbia during fiscal year 1999 (including staff, 
curriculum, and support materials): Provided further, That none of the 
funds contained in this Act may be made available to pay the salaries 
of any District of Columbia Public School teacher, principal, 
administrator, official, or employee who provides false enrollment or 
attendance information under article II, section 5 of the Act entitled 
``An Act to provide for compulsory school attendance, for the taking of 
a school census in the District of Columbia, and for other purposes'', 
approved February 4, 1925 (D.C. Code, sec. 31-401 et seq.): Provided 
further, That funds in this Act shall not be available for pay raises 
to teachers in the District of Columbia Public Schools who have not 
passed competency tests in literacy, communications, and subject matter 
skills: Provided further, That this appropriation shall not be 
available to subsidize the education of any nonresident of the District 
of Columbia at any District of Columbia public elementary or secondary 
school during fiscal year 1999 unless the nonresident pays tuition to 
the District of Columbia at a rate that covers 100 percent of the costs 
incurred by the District of Columbia which are attributable to the 
education of the nonresident (as established by the Superintendent of 
the District of Columbia Public Schools): 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

    Human support services, $1,514,751,000 (including $614,679,000 from 
local funds, $886,682,000 from Federal funds, and $13,390,000 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 the Stewart B. McKinney Homeless Assistance Act 
(Public Law 100-77; 42 U.S.C. 11371), providing emergency shelter 
services in the District, if the District would not be qualified to 
receive reimbursement pursuant to such Act (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 leasing of passenger-
carrying vehicles, $266,912,000 (including $257,242,000 from local 
funds, $3,216,000 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.

           Washington Convention Center Fund Transfer Payment

    For payment to the Washington Convention Center, $5,400,000 from 
local funds.

                    Repayment of Loans and Interest

    For reimbursement to the United States of funds loaned in 
compliance with the Act entitled ``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 the Act entitled ``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 the Act entitled ``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, 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, $382,170,000 from local 
funds.

                Repayment of General Fund Recovery Debt

    For the purpose of eliminating the $331,589,000 general fund 
accumulated deficit as of September 30, 1990, $38,453,000 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)).

              Payment of Interest on Short-Term Borrowing

    For payment of interest on short-term borrowing, $11,000,000.

                     Certificates of Participation

    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.

                      Human Resources Development

    For human resources development, $6,674,000.

                          Productivity Savings

    The Chief Financial Officer of the District of Columbia shall, 
under the direction of the District of Columbia Financial 
Responsibility and Management Assistance Authority, make reductions of 
$10,000,000 in local funds to one or more of the appropriation headings 
in this Act for productivity savings.

                         Receivership Programs

    For agencies of the District of Columbia government under court 
ordered receivership, $318,979,000 (including $188,439,000 from local 
funds, $96,691,000 from Federal funds, and $33,849,000 from other 
funds).

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), 
$7,840,000: Provided, That none of the funds contained in this Act may 
be used to pay the compensation of the Executive Director or General 
Counsel of the Authority during any period after April 1, 1999, for 
which such individual has not repaid the Treasury of the District of 
Columbia for compensation paid during any fiscal year which is 
determined by the Comptroller General (as described in GAO letter 
report B-279095.2) to have been paid in excess of the maximum rate of 
compensation which may be paid to such individual during such year 
under section 102 of such Act: Provided further, That none of the funds 
contained in this Act may be used to pay any compensation of the 
Executive Director or General Counsel of the Authority at a rate in 
excess of the maximum rate of compensation which may be paid to such 
individual during fiscal year 1999 under section 102 of such Act, as 
determined by the Comptroller General (as described in GAO letter 
report B-279095.2): Provided further, That not later than 5 calendar 
days after the end of each month (beginning with September 1998), the 
Authority shall provide to the Chief Financial Officer of the District 
of Columbia a statement of the balance of each account held by the 
Authority as of the end of the month, together with a description of 
the activities within each such account during the month: Provided 
further, That none of the funds contained in this or any other Act may 
be used to pay the salary or expenses of any officer or employee of the 
Authority who is required to provide information under the preceding 
proviso and who fails to provide such information in accordance with 
such proviso.

         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, secs. 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.

                    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.), $2,108,000 from other 
funds.

                       Public Service Commission

    For the Public Service Commission, $5,026,000 (including $252,000 
from Federal funds and $4,774,000 from other funds).

                     Office of the People's Counsel

    For the Office of the People's Counsel, $2,501,000 from other 
funds.

           Department of Insurance and Securities Regulation

    For the Department of Insurance and Securities Regulation, 
$7,001,000 from other funds.

              Office of Banking and Financial Institutions

    For the Office of Banking and Financial Institutions, $640,000 
(including $390,000 from local funds and $250,000 from other funds).

                             Starplex Fund

    For the Starplex Fund, $8,751,000 from other funds for expenses 
incurred by the Armory Board in the exercise of its powers granted by 
the Act entitled ``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)).

           D.C. General Hospital (Public Benefit Corporation)

    For the District of Columbia General Hospital, established by 
Reorganization Order No. 57 of the Board of Commissioners, effective 
August 15, 1953, $113,599,000 of which $46,835,000 shall be derived by 
transfer from the general fund, and $66,764,000 shall be derived from 
other funds.

                         D.C. Retirement Board

    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.

                      Correctional Industries Fund

    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, $53,539,000, 
of which $5,400,000 shall be derived by transfer from the general fund.

                             Capital Outlay

                        (including rescissions)

    For construction projects, a net increase of $1,711,160,737 
(including a rescission of $114,430,742 of which $24,437,811 is from 
local funds and $89,992,931 is from highway trust funds appropriated 
under this heading in prior fiscal years, and an additional 
$1,825,591,479 of which $718,234,161 is from local funds, $24,452,538 
is from the highway trust fund, and $1,082,904,780 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.

                           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 of such appropriations, 
the District of Columbia is directed to refund by September 30, 1999, 
up to $17,800,000 of overpayments collected by the District of Columbia 
Department of Public Works for parking ticket violations as reported by 
the District of Columbia Auditor in a report dated March 19, 1998: 
Provided further, 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. 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, 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 section 5315 of title 5, United States Code.
    (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. 1-601.1 et seq.), enacted pursuant to section 422(3) of the 
District of Columbia Home Rule Act, 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 Office of Property Management 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 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 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. 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, except 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. 1-113(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 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. (a) None of the funds contained in this Act may be made 
available to pay the fees of an attorney who represents a party who 
prevails in an action brought against the District of Columbia Public 
Schools under the Individuals with Disabilities Education Act (20 
U.S.C. 1400 et seq.) if--
            (1) the hourly rate of compensation of the attorney exceeds 
        the hourly rate of compensation under section 11-2604(a), 
        District of Columbia Code; or
            (2) the maximum amount of compensation of the attorney 
        exceeds the maximum amount of compensation under section 11-
        2604(b)(1), District of Columbia Code, except that compensation 
        and reimbursement in excess of such maximum may be approved for 
        extended or complex representation in accordance with section 
        11-2604(c), District of Columbia Code.
    (b) None of the funds contained in this Act may be made available 
to pay the fees of an attorney who represents a party who prevails in 
an administrative proceeding under the Individuals with Disabilities 
Education Act (20 U.S.C. 1400 et seq.).
    Sec. 131. None of the funds appropriated under this Act shall be 
expended for any abortion except where the life of the mother would be 
endangered if the fetus were carried to term or where the pregnancy is 
the result of an act of rape or incest.
    Sec. 132. None of the funds made available in this Act may be used 
to implement or enforce the Health Care Benefits Expansion Act of 1992 
(D.C. Law 9-114; D.C. Code, sec. 36-1401 et seq.) or to otherwise 
implement or enforce any system of registration of unmarried, 
cohabiting couples (whether homosexual, heterosexual, or lesbian), 
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.
    Sec. 133. 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 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. 134. (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. 135. (a) No later than October 1, 1998, or within 15 calendar 
days after the date of the enactment of this Act, 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. 136. 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. 137. (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) $5,216,689,000 (of which $132,912,000 shall be 
                from intra-District funds and $2,865,763,000 shall be 
                from local 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) after notification to the Council, 
                        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 
                        that are approved by the Authority.
            (2) Reserve fund.--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 paragraph (2)(B), the 
        Chief Financial Officer of the District of Columbia, with the 
        approval of the Authority, may credit up to 10 percent 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.
            (3) Enforcement.--The Chief Financial Officer of the 
        District of Columbia and the 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, during a 
        control year, as defined in section 305(4) of the District of 
        Columbia Financial Responsibility and Management Assistance Act 
        of 1995, approved April 17, 1995 (Public Law 104-8; 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 
        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 of 
                Columbia 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) of this subsection 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, 1998, the 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.
    (d) Application of Excess Revenues.--Local revenues collected in 
excess of amounts required to support appropriations in this Act for 
operating expenses for the District of Columbia for fiscal year 1999 
under the caption ``Division of Expenses'' shall be applied first to 
the elimination of the general fund accumulated deficit; second to a 
reserve account not to exceed $250,000,000 to be used to finance 
seasonal cash needs (in lieu of short term borrowings); third to 
accelerate repayment of cash borrowed from the Water and Sewer Fund; 
and fourth to reduce the outstanding long-term debt.
    Sec. 138. The District of Columbia Emergency Transitional Education 
Board of Trustees shall, subject to the contract approval provisions of 
the District of Columbia Financial Responsibility and Management 
Assistance Act of 1995 (Public Law 104-8)--
            (1) develop a comprehensive plan to identify and accomplish 
        energy conservation measures to achieve maximum cost-effective 
        energy and water savings;
            (2) 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 so long as the 
        terms of such contracts do not exceed 25 years; and
            (3) 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. 139. (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. 140. (a) Restrictions on Use of Official Vehicles.--(1) None 
of the funds made available by this Act or by any other Act may be used 
to provide any officer or employee of the District of Columbia with an 
official vehicle unless the officer or employee uses the vehicle only 
in the performance of the officer's or employee's official duties. For 
purposes of this paragraph, the term ``official duties'' does not 
include travel between the officer's or employee's residence and 
workplace (except in the case of a police officer who resides in the 
District of Columbia).
    (2) The Chief Financial Officer of the District of Columbia shall 
submit, by November 15, 1998, an inventory, as of September 30, 1998, 
of all vehicles owned, leased or operated by the District of Columbia 
government. The inventory shall include, but not be limited to, the 
department to which the vehicle is assigned; the year and make of the 
vehicle; the acquisition date and cost; the general condition of the 
vehicle; annual operating and maintenance costs; current mileage; and 
whether the vehicle is allowed to be taken home by a District officer 
or employee and if so, the officer or employee's title and resident 
location.
    (b) Source of Payment for Employees Detailed Within Government.--
For purposes of determining the amount of funds expended by any entity 
within the District of Columbia government during fiscal year 1999 and 
each succeeding fiscal year, any expenditures of the District 
government attributable to any officer or employee of the District 
government who provides services which are within the authority and 
jurisdiction of the entity (including any portion of the compensation 
paid to the officer or employee attributable to the time spent in 
providing such services) shall be treated as expenditures made from the 
entity's budget, without regard to whether the officer or employee is 
assigned to the entity or otherwise treated as an officer or employee 
of the entity.
    Sec. 141. (a) Compliance With Buy American Act.--None of the funds 
made available in this Act may be expended by an entity unless the 
entity agrees that in expending the funds the entity will comply with 
the Buy American Act (41 U.S.C. 10a-10c).
    (b) Sense of the Congress; Requirement Regarding Notice.--
            (1) Purchase of american-made equipment and products.--In 
        the case of any equipment or product that may be authorized to 
        be purchased with financial assistance provided using funds 
        made available in this Act, it is the sense of the Congress 
        that entities receiving the assistance should, in expending the 
        assistance, purchase only American-made equipment and products 
        to the greatest extent practicable.
            (2) Notice to recipients of assistance.--In providing 
        financial assistance using funds made available in this Act, 
        the head of each agency of the Federal or District of Columbia 
        government shall provide to each recipient of the assistance a 
        notice describing the statement made in paragraph (1) by the 
        Congress.
    (c) Prohibition of Contracts With Persons Falsely Labeling Products 
as Made in America.--If it has been finally determined by a court or 
Federal agency that any person intentionally affixed a label bearing a 
``Made in America'' inscription, or any inscription with the same 
meaning, to any product sold in or shipped to the United States that is 
not made in the United States, the person shall be ineligible to 
receive any contract or subcontract made with funds made available in 
this Act, pursuant to the debarment, suspension, and ineligibility 
procedures described in sections 9.400 through 9.409 of title 48, Code 
of Federal Regulations.
    Sec. 142. 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. 143. None of the funds contained in this or any other Act may 
be used to pay the salary or expenses of any officer or employee of any 
department or agency of the District of Columbia government or of any 
entity within the District of Columbia government who fails to provide 
information requested by the Chief Financial Officer of the District of 
Columbia.
    Sec. 144. None of the funds contained in this Act may be used for 
purposes of the annual independent audit of the District of Columbia 
government (including the District of Columbia Financial Responsibility 
and Management Assistance Authority) for fiscal year 1999 unless--
            (1) the audit is conducted (either directly or by contract) 
        by the Inspector General of the District of Columbia; and
            (2) the audit includes a comparison of audited actual year-
        end results with the revenues submitted in the budget document 
        for such year and the appropriations enacted into law for such 
        year.
    Sec. 145. 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. 146. 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. 147. None of the funds contained in this Act may be used by 
the District of Columbia Corporation Counsel or any other officer or 
entity of the District government to provide assistance for any 
petition drive or civil action which seeks to require Congress to 
provide for voting representation in Congress for the District of 
Columbia.
    Sec. 148. The Residency Requirement Reinstatement Amendment Act of 
1998 (D.C. Act 12-340) is hereby repealed.
    Sec. 149. Notwithstanding any other provision of this Act, no 
Federal funds appropriated under this Act shall be used to carry out 
any program of distributing sterile needles or syringes for the 
hypodermic injection of any illegal drug.
    Sec. 150. None of the funds contained in this Act may be used to 
transfer or confine inmates classified above the medium security level, 
as defined by the Federal Bureau of Prisons classification instrument, 
to the Northeast Ohio Correctional Center located in Youngstown, Ohio.
    Sec. 151. None of the funds contained in this Act may be used to 
conduct any ballot initiative which seeks to legalize or otherwise 
reduce penalties associated with the possession, use, or distribution 
of any schedule I substance under the Controlled Substances Act (21 
U.S.C. 802) or any tetrahydrocannabinols derivative.
    Sec. 152. None of the funds contained in this Act may be used for 
any program of distributing sterile needles or syringes for the 
hypodermic injection of any illegal drug, or for any payment to any 
individual or entity who carries out any such program.
    Sec. 153. None of the funds contained in this Act may be used to 
carry out any joint adoption of a child between individuals who are not 
related by blood or marriage.

            banning possession of tobacco products by minors

    Sec. 154. (a) In General.--It shall be unlawful for any individual 
under 18 years of age to possess any cigarette or other tobacco product 
in the District of Columbia.
    (b) Exception for Possession in Course of Employment.--Subsection 
(a) shall not apply with respect to an individual making a delivery of 
cigarettes or tobacco products in pursuance of employment.
    (c) Penalties.--Any individual who violates subsection (a) shall be 
subject to the following penalties:
            (1) For any violation, the individual may be required to 
        perform community service or attend a tobacco cessation 
        program.
            (2) Upon the first violation, the individual shall be 
        subject to a civil penalty not to exceed $50.
            (3) Upon the second and each subsequent violation, the 
        individual shall be subject to a civil penalty not to exceed 
        $100.
            (4) Upon the third and each subsequent violation, the 
        individual may have his or her driving privileges in the 
        District of Columbia suspended for a period of 90 consecutive 
        days.

    TITLE II--DISTRICT OF COLUMBIA STUDENT OPPORTUNITY SCHOLARSHIPS

SEC. 201. DEFINITIONS.

    As used in this title--
            (1) the term ``Board'' means the Board of Directors of the 
        Corporation established under section 202(b)(1);
            (2) the term ``Corporation'' means the District of Columbia 
        Scholarship Corporation established under section 202(a);
            (3) the term ``eligible institution''--
                    (A) in the case of an eligible institution serving 
                a student who receives a tuition scholarship under 
                section 203(c)(1), means a public, private, or 
                independent elementary or secondary school; and
                    (B) in the case of an eligible institution serving 
                a student who receives an enhanced achievement 
                scholarship under section 203(c)(2), means an 
                elementary or secondary school, or an entity that 
                provides services to a student enrolled in an 
                elementary or secondary school to enhance such 
                student's achievement through instruction described in 
                section 203(c)(2);
            (4) the term ``parent'' includes a legal guardian or other 
        person standing in loco parentis; and
            (5) the term ``poverty line'' means the income official 
        poverty line (as defined by the Office of Management and 
        Budget, and revised annually in accordance with section 673(2) 
        of the Community Services Block Grant Act (42 U.S.C. 9902(2)) 
        applicable to a family of the size involved.

SEC. 202. DISTRICT OF COLUMBIA SCHOLARSHIP CORPORATION.

    (a) General Requirements.--
            (1) In general.--There is authorized to be established a 
        private, nonprofit corporation, to be known as the ``District 
        of Columbia Scholarship Corporation'', which is neither an 
        agency nor establishment of the United States Government or the 
        District of Columbia Government.
            (2) Duties.--The Corporation shall have the responsibility 
        and authority to administer, publicize, and evaluate the 
        scholarship program in accordance with this title, and to 
        determine student and school eligibility for participation in 
        such program.
            (3) Consultation.--The Corporation shall exercise its 
        authority--
                    (A) in a manner consistent with maximizing 
                educational opportunities for the maximum number of 
                interested families; and
                    (B) in consultation with the District of Columbia 
                Board of Education or entity exercising administrative 
                jurisdiction over the District of Columbia Public 
                Schools, the Superintendent of the District of Columbia 
                Public Schools, and other school scholarship programs 
                in the District of Columbia.
            (4) Application of provisions.--The Corporation shall be 
        subject to the provisions of this title, and, to the extent 
        consistent with this title, to the District of Columbia 
        Nonprofit Corporation Act (D.C. Code, sec. 29-501 et seq.).
            (5) Residence.--The Corporation shall have its place of 
        business in the District of Columbia and shall be considered, 
        for purposes of venue in civil actions, to be a resident of the 
        District of Columbia.
            (6) Fund.--There is established in the Treasury a fund that 
        shall be known as the District of Columbia Scholarship Fund, to 
        be administered by the Secretary of the Treasury.
            (7) Disbursement.--The Secretary of the Treasury shall make 
        available and disburse to the Corporation, before October 15 of 
        each fiscal year or not later than 15 days after the date of 
        enactment of an Act making appropriations for the District of 
        Columbia for such year, whichever occurs later, such funds as 
        have been appropriated to the District of Columbia Scholarship 
        Fund for the fiscal year in which such disbursement is made.
            (8) Availability.--Funds authorized to be appropriated 
        under this title shall remain available until expended.
            (9) Uses.--Funds authorized to be appropriated under this 
        title shall be used by the Corporation in a prudent and 
        financially responsible manner, solely for scholarships, 
        contracts, and administrative costs.
            (10) Authorization.--
                    (A) In general.--There are authorized to be 
                appropriated to the District of Columbia Scholarship 
                Fund--
                            (i) $7,000,000 for fiscal year 1999;
                            (ii) $8,000,000 for fiscal year 2000; and
                            (iii) $10,000,000 for each of fiscal years 
                        2001 through 2003.
                    (B) Limitation.--Not more than 7.5 percent of the 
                amount appropriated to carry out this title for any 
                fiscal year may be used by the Corporation for salaries 
                and administrative costs.
    (b) Organization and Management; Board of Directors.--
            (1) Board of directors; membership.--
                    (A) In general.--The Corporation shall have a Board 
                of Directors (referred to in this title as the 
                ``Board''), comprised of seven members with six members 
                of the Board appointed by the President not later than 
                30 days after receipt of nominations from the Speaker 
                of the House of Representatives and the Majority Leader 
                of the Senate.
                    (B) House nominations.--The President shall appoint 
                three of the members from a list of nine individuals 
                nominated by the Speaker of the House of 
                Representatives in consultation with the Minority 
                Leader of the House of Representatives.
                    (C) Senate nominations.--The President shall 
                appoint three members from a list of nine individuals 
                nominated by the Majority Leader of the Senate in 
                consultation with the Minority Leader of the Senate.
                    (D) Deadline.--The Speaker of the House of 
                Representatives and Majority Leader of the Senate shall 
                submit their nominations to the President not later 
                than 30 days after the date of the enactment of this 
                Act.
                    (E) Appointee of mayor.--The Mayor shall appoint 
                one member of the Board not later than 60 days after 
                the date of the enactment of this Act.
                    (F) Possible interim members.--If the President 
                does not appoint the six members of the Board in the 
                30-day period described in subparagraph (A), then the 
                Speaker of the House of Representatives and the 
                Majority Leader of the Senate shall each appoint two 
                members of the Board, and the Minority Leader of the 
                House of Representatives and the Minority Leader of the 
                Senate shall each appoint one member of the Board, from 
                among the individuals nominated pursuant to 
                subparagraphs (A) and (B), as the case may be. The 
                appointees under the preceding sentence together with 
                the appointee of the Mayor, shall serve as an interim 
                Board with all the powers and other duties of the Board 
                described in this title, until the President makes the 
                appointments as described in this subsection.
            (2) Powers.--All powers of the Corporation shall vest in 
        and be exercised under the authority of the Board.
            (3) Elections.--Members of the Board annually shall elect 
        one of the members of the Board to be the Chairperson of the 
        Board.
            (4) Residency.--All members appointed to the Board shall be 
        residents of the District of Columbia at the time of 
        appointment and while serving on the Board.
            (5) Nonemployee.--No member of the Board may be an employee 
        of the United States Government or the District of Columbia 
        Government when appointed to or during tenure on the Board, 
        unless the individual is on a leave of absence from such a 
        position while serving on the Board.
            (6) Incorporation.--The members of the initial Board shall 
        serve as incorporators and shall take whatever steps are 
        necessary to establish the Corporation under the District of 
        Columbia Nonprofit Corporation Act (D.C. Code, sec. 29-501 et 
        seq.).
            (7) General term.--The term of office of each member of the 
        Board shall be 5 years, except that any member appointed to 
        fill a vacancy occurring prior to the expiration of the term 
        for which the predecessor was appointed shall be appointed for 
        the remainder of such term.
            (8) Consecutive term.--No member of the Board shall be 
        eligible to serve in excess of 2 consecutive terms of 5 years 
        each. A partial term shall be considered as 1 full term. Any 
        vacancy on the Board shall not affect the Board's power, but 
        shall be filled in a manner consistent with this title.
            (9) No benefit.--No part of the income or assets of the 
        Corporation shall inure to the benefit of any Director, 
        officer, or employee of the Corporation, except as salary or 
        reasonable compensation for services.
            (10) Political activity.--The Corporation may not 
        contribute to or otherwise support any political party or 
        candidate for elective public office.
            (11) No officers or employees.--The members of the Board 
        shall not, by reason of such membership, be considered to be 
        officers or employees of the United States Government or of the 
        District of Columbia Government.
            (12) Stipends.--The members of the Board, while attending 
        meetings of the Board or while engaged in duties related to 
        such meetings or other activities of the Board pursuant to this 
        title, shall be provided a stipend. Such stipend shall be at 
        the rate of $150 per day for which the member of the Board is 
        officially recorded as having worked, except that no member may 
        be paid a total stipend amount in any calendar year in excess 
        of $5,000.
    (c) Officers and Staff.--
            (1) Executive director.--The Corporation shall have an 
        Executive Director, and such other staff, as may be appointed 
        by the Board for terms and at rates of compensation, not to 
        exceed level EG-16 of the Educational Service of the District 
        of Columbia, to be fixed by the Board.
            (2) Staff.--With the approval of the Board, the Executive 
        Director may appoint and fix the salary of such additional 
        personnel as the Executive Director considers appropriate.
            (3) Annual rate.--No staff of the Corporation may be 
        compensated by the Corporation at an annual rate of pay greater 
        than the annual rate of pay of the Executive Director.
            (4) Service.--All officers and employees of the Corporation 
        shall serve at the pleasure of the Board.
            (5) Qualification.--No political test or qualification may 
        be used in selecting, appointing, promoting, or taking other 
        personnel actions with respect to officers, agents, or 
        employees of the Corporation.
    (d) Powers of the Corporation.--
            (1) Generally.--The Corporation is authorized to obtain 
        grants from, and make contracts with, individuals and with 
        private, State, and Federal agencies, organizations, and 
        institutions.
            (2) Hiring authority.--The Corporation may hire, or accept 
        the voluntary services of, consultants, experts, advisory 
        boards, and panels to aid the Corporation in carrying out this 
        title.
    (e) Financial Management and Records.--
            (1) Audits.--The financial statements of the Corporation 
        shall be--
                    (A) maintained in accordance with generally 
                accepted accounting principles for nonprofit 
                corporations; and
                    (B) audited annually by independent certified 
                public accountants.
            (2) Report.--The report for each such audit shall be 
        included in the annual report to Congress required by section 
        210(c).
    (f) Administrative Responsibilities.--
            (1) Scholarship application schedule and procedures.--Not 
        later than 30 days after the initial Board is appointed and the 
        first Executive Director of the Corporation is hired under this 
        title, the Corporation shall implement a schedule and 
        procedures for processing applications for, and awarding, 
        student scholarships under this title. The schedule and 
        procedures shall include establishing a list of certified 
        eligible institutions, distributing scholarship information to 
        parents and the general public (including through a newspaper 
        of general circulation), and establishing deadlines for steps 
        in the scholarship application and award process.
            (2) Institutional applications and eligibility.--
                    (A) In general.--An eligible institution that 
                desires to participate in the scholarship program under 
                this title shall file an application with the 
                Corporation for certification for participation in the 
                scholarship program under this that title shall--
                            (i) demonstrate that the eligible 
                        institution has operated with not less than 25 
                        students during the 3 years preceding the year 
                        for which the determination is made unless the 
                        eligible institution is applying for 
                        certification as a new eligible institution 
                        under subparagraph (C);
                            (ii) contain an assurance that the eligible 
                        institution will comply with all applicable 
                        requirements of this title;
                            (iii) contain an annual statement of the 
                        eligible institution's budget; and
                            (iv) describe the eligible institution's 
                        proposed program, including personnel 
                        qualifications and fees.
                    (B) Certification.--
                            (i) In general.--Except as provided in 
                        subparagraph (C), not later than 60 days after 
                        receipt of an application in accordance with 
                        subparagraph (A), the Corporation shall certify 
                        an eligible institution to participate in the 
                        scholarship program under this title.
                            (ii) Continuation.--An eligible 
                        institution's certification to participate in 
                        the scholarship program shall continue unless 
                        such eligible institution's certification is 
                        revoked in accordance with subparagraph (D).
                    (C) New eligible institution.--
                            (i) In general.--An eligible institution 
                        that did not operate with at least 25 students 
                        in the 3 years preceding the year for which the 
                        determination is made may apply for a 1-year 
                        provisional certification to participate in the 
                        scholarship program under this title for a 
                        single year by providing to the Corporation not 
                        later than July 1 of the year preceding the 
                        year for which the determination is made--
                                    (I) a list of the eligible 
                                institution's board of directors;
                                    (II) letters of support from not 
                                less than 10 members of the community 
                                served by such eligible institution;
                                    (III) a business plan;
                                    (IV) an intended course of study;
                                    (V) assurances that the eligible 
                                institution will begin operations with 
                                not less than 25 students;
                                    (VI) assurances that the eligible 
                                institution will comply with all 
                                applicable requirements of this title; 
                                and
                                    (VII) a statement that satisfies 
                                the requirements of clauses (ii) and 
                                (iv) of subparagraph (A).
                            (ii) Certification.--Not later than 60 days 
                        after the date of receipt of an application 
                        described in clause (i), the Corporation shall 
                        certify in writing the eligible institution's 
                        provisional certification to participate in the 
                        scholarship program under this title unless the 
                        Corporation determines that good cause exists 
                        to deny certification.
                            (iii) Renewal of provisional 
                        certification.--After receipt of an application 
                        under clause (i) from an eligible institution 
                        that includes a statement of the eligible 
                        institution's budget completed not earlier than 
                        12 months before the date such application is 
                        filed, the Corporation shall renew an eligible 
                        institution's provisional certification for the 
                        second and third years of the school's 
                        participation in the scholarship program under 
                        this title unless the Corporation finds--
                                    (I) good cause to deny the renewal, 
                                including a finding of a pattern of 
                                violation of requirements described in 
                                paragraph (3)(A); or
                                    (II) consistent failure of 25 
                                percent or more of the students 
                                receiving scholarships under this title 
                                and attending such school to make 
                                appropriate progress (as determined by 
                                the Corporation) in academic 
                                achievement.
                            (iv) Denial of certification.--If 
                        provisional certification or renewal of 
                        provisional certification under this subsection 
                        is denied, then the Corporation shall provide a 
                        written explanation to the eligible institution 
                        of the reasons for such denial.
                    (D) Revocation of eligibility.--
                            (i) In general.--The Corporation, after 
                        notice and hearing, may revoke an eligible 
                        institution's certification to participate in 
                        the scholarship program under this title for a 
                        year succeeding the year for which the 
                        determination is made for--
                                    (I) good cause, including a finding 
                                of a pattern of violation of program 
                                requirements described in paragraph 
                                (3)(A); or
                                    (II) consistent failure of 25 
                                percent or more of the students 
                                receiving scholarships under this title 
                                and attending such school to make 
                                appropriate progress (as determined by 
                                the Corporation) in academic 
                                achievement.
                            (ii) Explanation.--If the certification of 
                        an eligible institution is revoked, the 
                        Corporation shall provide a written explanation 
                        of the Corporation's decision to such eligible 
                        institution and require a pro rata refund of 
                        the proceeds of the scholarship funds received 
                        under this title.
            (3) Participation requirements for eligible institutions.--
                    (A) Requirements.--Each eligible institution 
                participating in the scholarship program under this 
                title shall--
                            (i) provide to the Corporation not later 
                        than June 30 of each year the most recent 
                        annual statement of the eligible institution's 
                        budget; and
                            (ii) charge a student that receives a 
                        scholarship under this title not more than the 
                        cost of tuition and mandatory fees for, and 
                        transportation to attend, such eligible 
                        institution as other students who are residents 
                        of the District of Columbia and enrolled in 
                        such eligible institution.
                    (B) Compliance.--The Corporation may require 
                documentation of compliance with the requirements of 
                subparagraph (A), but neither the Corporation nor any 
                governmental entity may impose requirements upon an 
                eligible institution as a condition for participation 
                in the scholarship program under this title, other than 
                requirements established under this title.

SEC. 203. SCHOLARSHIPS AUTHORIZED.

    (a) Eligible Students.--The Corporation is authorized to award 
tuition scholarships under subsection (c)(1) and enhanced achievement 
scholarships under subsection (c)(2) to students in kindergarten 
through grade 12--
            (1) who are residents of the District of Columbia; and
            (2) whose family income does not exceed 185 percent of the 
        poverty line.
    (b) Scholarship Priority.--
            (1) First.--The Corporation first shall award scholarships 
        to students described in subsection (a) who--
                    (A) are enrolled in a District of Columbia public 
                school or preparing to enter a District of Columbia 
                public kindergarten, except that this subparagraph 
                shall apply only for academic years 1998-1999, 1999-
                2000, and 2000-2001; or
                    (B) have received a scholarship from the 
                Corporation for the academic year preceding the 
                academic year for which the scholarship is awarded.
            (2) Second.--If funds remain for a fiscal year for awarding 
        scholarships after awarding scholarships under paragraph (1), 
        the Corporation shall award scholarships to students who are 
        described in subsection (a), not described in paragraph (1), 
        and otherwise eligible for a scholarship under this title.
            (3) Lottery selection.--The Corporation shall award 
        scholarships to students under this subsection using a lottery 
        selection process whenever the amount made available to carry 
        out this title for a fiscal year is insufficient to award a 
        scholarship to each student who is eligible to receive a 
        scholarship under this title for the fiscal year.
    (c) Use of Scholarship.--
            (1) Tuition scholarships.--A tuition scholarship may be 
        used for the payment of the cost of the tuition and mandatory 
        fees for, and transportation to attend, an eligible institution 
        located within the geographic boundaries of the District of 
        Columbia; Montgomery County, Maryland; Prince Georges County, 
        Maryland; Arlington County, Virginia; Alexandria City, 
        Virginia; Falls Church City, Virginia; Fairfax City, Virginia; 
        or Fairfax County, Virginia.
            (2) Enhanced achievement scholarship.--An enhanced 
        achievement scholarship may be used only for the payment of the 
        costs of tuition and mandatory fees for, and transportation to 
        attend, a program of instruction provided by an eligible 
        institution which enhances student achievement of the core 
        curriculum and is operated outside of regular school hours to 
        supplement the regular school program.
    (e) Not School Aid.--A scholarship under this title shall be 
considered assistance to the student and shall not be considered 
assistance to an eligible institution.

SEC. 204. SCHOLARSHIP AWARDS.

    (a) Awards.--From the funds made available under this title, the 
Corporation shall award a scholarship to a student and make scholarship 
payments in accordance with section 205.
    (b) Notification.--Each eligible institution that receives the 
proceeds of a scholarship payment under subsection (a) shall notify the 
Corporation not later than 10 days after--
            (1) the date that a student receiving a scholarship under 
        this title is enrolled, of the name, address, and grade level 
        of such student;
            (2) the date of the withdrawal or expulsion of any student 
        receiving a scholarship under this title, of the withdrawal or 
        expulsion; and
            (3) the date that a student receiving a scholarship under 
        this title is refused admission, of the reasons for such a 
        refusal.
    (c) Tuition Scholarship.--
            (1) Equal to or below poverty line.--For a student whose 
        family income is equal to or below the poverty line, a tuition 
        scholarship may not exceed the lesser of--
                    (A) the cost of tuition and mandatory fees for, and 
                transportation to attend, an eligible institution; or
                    (B) $3,200 for fiscal year 1999, with such amount 
                adjusted in proportion to changes in the Consumer Price 
                Index for all urban consumers published by the 
                Department of Labor for each of fiscal years 2000 
                through 2003.
            (2) Above poverty line.--For a student whose family income 
        is greater than the poverty line, but not more than 185 percent 
        of the poverty line, a tuition scholarship may not exceed the 
        lesser of--
                    (A) 75 percent of the cost of tuition and mandatory 
                fees for, and transportation to attend, an eligible 
                institution; or
                    (B) $2,400 for fiscal year 1999, with such amount 
                adjusted in proportion to changes in the Consumer Price 
                Index for all urban consumers published by the 
                Department of Labor for each of fiscal years 2000 
                through 2003.
    (d) Enhanced Achievement Scholarship.--An enhanced achievement 
scholarship may not exceed the lesser of--
            (1) the costs of tuition and mandatory fees for, and 
        transportation to attend, a program of instruction at an 
        eligible institution; or
            (2) $500 for 1999, with such amount adjusted in proportion 
        to changes in the Consumer Price Index for all urban consumers 
        published by the Department of Labor for each of fiscal years 
        2000 through 2003.

SEC. 205. SCHOLARSHIP PAYMENTS.

    (a) Payments.--The Corporation shall make scholarship payments to 
the parent of a student awarded a scholarship under this title.
    (b) Distribution of Scholarship Funds.--Scholarship funds may be 
distributed by check, or another form of disbursement, issued by the 
Corporation and made payable directly to a parent of a student awarded 
a scholarship under this title. The parent may use the scholarship 
funds only for payment of tuition, mandatory fees, and transportation 
costs as described in this title.
    (c) Pro Rata Amounts for Student Withdrawal.--If a student 
receiving a scholarship under this title withdraws or is expelled from 
an eligible institution after the proceeds of a scholarship is paid to 
the eligible institution, then the eligible institution shall refund to 
the Corporation on a pro rata basis the proportion of any such proceeds 
received for the remaining days of the school year. Such refund shall 
occur not later than 30 days after the date of the withdrawal or 
expulsion of the student.

SEC. 206. CIVIL RIGHTS.

    (a) In General.--An eligible institution participating in the 
scholarship program under this title shall not discriminate on the 
basis of race, color, national origin, or sex in carrying out the 
provisions of this title.
    (b) Applicability and Construction with respect to Discrimination 
on the Basis of Sex.--
            (1) Applicability.--With respect to discrimination on the 
        basis of sex, subsection (a) shall not apply to an eligible 
        institution that is controlled by a religious organization if 
        the application of subsection (a) is inconsistent with the 
        religious tenets of the eligible institution.
            (2) Construction.--With respect to discrimination on the 
        basis of sex, nothing in subsection (a) shall be construed to 
        require any person, or public or private entity to provide or 
        pay, or to prohibit any such person or entity from providing or 
        paying, for any benefit or service, including the use of 
        facilities, related to an abortion. Nothing in the preceding 
        sentence shall be construed to permit a penalty to be imposed 
        on any person or individual because such person or individual 
        is seeking or has received any benefit or service related to a 
        legal abortion.
            (3) Single-sex schools, classes, or activities.--With 
        respect to discrimination on the basis of sex, nothing in 
        subsection (a) shall be construed to prevent a parent from 
        choosing, or an eligible institution from offering, a single-
        sex school, class, or activity.
    (c) Revocation.--Notwithstanding section 202(f)(2)(D), if the 
Corporation determines that an eligible institution participating in 
the scholarship program under this title is in violation of subsection 
(a), then the Corporation shall revoke such eligible institution's 
certification to participate in the program.

SEC. 207. CHILDREN WITH DISABILITIES.

    Nothing in this title shall affect the rights of students, or the 
obligations of the District of Columbia public schools, under the 
Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).

SEC. 208. RULE OF CONSTRUCTION.

    (a) In General.--Nothing in this title shall be construed to 
prevent any eligible institution which is operated by, supervised by, 
controlled by, or connected to, a religious organization from 
employing, admitting, or giving preference to, persons of the same 
religion to the extent determined by such institution to promote the 
religious purpose for which the eligible institution is established or 
maintained.
    (b) Sectarian Purposes.--Nothing in this title shall be construed 
to prohibit the use of funds made available under this title for 
sectarian educational purposes, or to require an eligible institution 
to remove religious art, icons, scripture, or other symbols.

SEC. 209. REPORTING REQUIREMENTS.

    (a) In General.--An eligible institution participating in the 
scholarship program under this title shall report to the Corporation 
not later than July 30 of each year in a manner prescribed by the 
Corporation, the following data:
            (1) Student achievement in the eligible institution's 
        programs.
            (2) Grade advancement for scholarship students.
            (3) Disciplinary actions taken with respect to scholarship 
        students.
            (4) Graduation, college admission test scores, and college 
        admission rates, if applicable for scholarship students.
            (5) Types and amounts of parental involvement required for 
        all families of scholarship students.
            (6) Student attendance for scholarship and nonscholarship 
        students.
            (7) General information on curriculum, programs, 
        facilities, credentials of personnel, and disciplinary rules at 
        the eligible institution.
            (8) Number of scholarship students enrolled.
            (9) Such other information as may be required by the 
        Corporation for program appraisal.
    (b) Confidentiality.--No personal identifiers may be used in such 
report, except that the Corporation may request such personal 
identifiers solely for the purpose of verification.

SEC. 210. PROGRAM APPRAISAL.

    (a) Study.--Not later than 4 years after the date of enactment of 
this Act, the Comptroller General shall enter into a contract, with an 
evaluating agency that has demonstrated experience in conducting 
evaluations, for an independent evaluation of the scholarship program 
under this title, including--
            (1) a comparison of test scores between scholarship 
        students and District of Columbia public school students of 
        similar backgrounds, taking into account the students' academic 
        achievement at the time of the award of their scholarships and 
        the students' family income level;
            (2) a comparison of graduation rates between scholarship 
        students and District of Columbia public school students of 
        similar backgrounds, taking into account the students' academic 
        achievement at the time of the award of their scholarships and 
        the students' family income level;
            (3) the satisfaction of parents of scholarship students 
        with the scholarship program; and
            (4) the impact of the scholarship program on the District 
        of Columbia public schools, including changes in the public 
        school enrollment, and any improvement in the academic 
        performance of the public schools.
    (b) Public Review of Data.--All data gathered in the course of the 
study described in subsection (a) shall be made available to the public 
upon request except that no personal identifiers shall be made public.
    (c) Report to Congress.--Not later than September 1 of each year, 
the Corporation shall submit a progress report on the scholarship 
program to the appropriate committees of Congress. Such report shall 
include a review of how scholarship funds were expended, including the 
initial academic achievement levels of students who have participated 
in the scholarship program.
    (d) Authorization.--There are authorized to be appropriated for the 
study described in subsection (a), $250,000, which shall remain 
available until expended.

SEC. 211. JUDICIAL REVIEW.

    (a) Jurisdiction.--
            (1) In General.--The United States District Court for the 
        District of Columbia shall have jurisdiction in any action 
        challenging the constitutionality of the scholarship program 
        under this title and shall provide expedited review.
            (2) Standing.--The parent of any student eligible to 
        receive a scholarship under this title shall have standing in 
        an action challenging the constitutionality of the scholarship 
        program under this title.
    (b) Appeal to Supreme Court.--Notwithstanding any other provision 
of law, any order of the United States District Court for the District 
of Columbia which is issued pursuant to an action brought under 
subsection (a) shall be reviewable by appeal directly to the Supreme 
Court of the United States.

SEC. 212. EFFECTIVE DATE.

    This title shall be effective for each of the fiscal years 1999 
through 2003.

SEC. 213. APPROPRIATION OF INITIAL FEDERAL CONTRIBUTION TO FUND.

    There are hereby appropriated, out of any money in the Treasury not 
otherwise appropriated, $5,400,000 for the District of Columbia 
Scholarship Fund.
    This Act may be cited as the ``District of Columbia Appropriations 
Act, 1999''.

            Passed the House of Representatives August 7 (legislative 
      day, August 6), 1998.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.