[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2333 Placed on Calendar Senate (PCS)]
Calendar No. 481
105th CONGRESS
2d Session
S. 2333
[Report No. 105-254]
Making appropriations for the government of the District of Columbia
and other activities chargeable in whole or in part against the
revenues of said District for the fiscal year ending September 30,
1999, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 21, 1998
Mr. Faircloth, from the Committee on Appropriations, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
Making appropriations for the government of the District of Columbia
and other activities chargeable in whole or in part against the
revenues of said District for the fiscal year ending September 30,
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:
FISCAL YEAR 1999 APPROPRIATIONS
FEDERAL FUNDS
Federal Payment for Management Reform
For payment to the District of Columbia, $25,000,000, to remain
available until September 30, 1999, which shall be deposited into an
escrow account of the District of Columbia Financial Responsibility and
Management Assistance Authority and shall be disbursed from such escrow
account by the Authority pursuant to the instructions of the Authority
only for a program of management reform pursuant to sections 11101-
11106 of the District of Columbia Management Reform Act of 1997, Public
Law 105-33.
Federal Support for Economic Development in the District of Columbia
For payment to the District of Columbia Financial Responsibility
and Management Assistance Authority, $500,000 to conduct a study and
prepare a report on the feasibility of an economic development
corporation for the District of Columbia, said report to be submitted
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, not later than May 1, 1999: Provided, That no funds
made available pursuant to any provision of this Act or any other act
now or hereafter enacted shall be used to capitalize the National
Capital Revitalization Act of 1998 (D.C. Act 12-355) or for the purpose
of implementing any of the provisions of the National Capital
Revitalization Act of 1998.
Federal Payment for Boys Town U.S.A. Operations in the District of
Columbia
For a Federal contribution of $7,100,000 to be paid 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, said funds
to be allocated as follows: $4,700,000 in capital costs for the
construction of one emergency short-term residential center and four
long-term residential homes in the District of Columbia; and $2,400,000
in first-year operating expenses for said facilities: Provided, That
said Board of Trustees shall provide quarterly financial reports during
fiscal year 1999 on the expenditure of said funds 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.
Federal Payment to the District of Columbia for the Nation's Capital
Infrastructure Fund
For a Federal contribution to the District of Columbia toward the
cost of infrastructure needs, $75,000,000, which shall be deposited
into an escrow account of the District of Columbia Financial
Responsibility and Management Assistance Authority and shall be
disbursed from such escrow account by the Authority pursuant to the
instructions of the Authority, said funds to be used for the repair and
maintenance of roads, highways, bridges, and transit in the District of
Columbia: Provided, That of said sums, not more than $25,000,000 may be
made available by the District of Columbia Financial Responsibility and
Management Assistance Authority 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, such funds to remain available until
expended.
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; of which $178,300,000 shall be available for
expenses incurred in connection with the housing, in both private,
District of Columbia and federal facilities, of the sentenced adult
felon population of the District of Columbia; $4,225,000 shall be
available for personnel initiatives in the District of Columbia
Department of Corrections; $750,000 shall be available for a system of
internal controls and audits within the Department of Corrections; and
$1,525,000 shall be available for administrative expenses.
Federal Payment to the District of Columbia Courts
Notwithstanding any other provision of law, $128,000,000 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, to be allocated as follows: for
the District of Columbia Court of Appeals, $7,839,000 and 96 full-time
equivalent (FTE) positions; for the District of Columbia Superior
Court, $72,419,000 and 1,017 FTE's; for the District of Columbia court
system, $40,742,000 and 120 FTE's; and $7,000,000 shall be for capital
improvements for District of Columbia courthouse facilities: Provided,
That of amounts available for District of Columbia Courts operation,
not to exceed $6,900,000 shall be for the Counsel for Child Abuse and
Neglect program pursuant to section 13 of title 11.0l, D.C. Code, and
section 23.94 of title 16, D.C. Code, and of which not to exceed
$25,036,000 shall be to carry out sections 26.02 and 26.04 of title 11,
D.C. Code, relating to representation of neglected children under the
Criminal Justice Act, in total, $31,936,000: Provided further, That
subject to normal reprogramming requirements contained in section 155
of this Act, this $31,936,000 may be used for other purposes under this
heading: Provided further, That all amounts under this heading 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 United States Department of Agriculture's National Finance
Center [NFC], said services to include the preparation of monthly
financial reports, copies of which shall be submitted directly by NFC
to the President and 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.
Federal Payment to the 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, to include expenses relating to supervision of adults
subject to protection orders or provision of services for or related to
such persons; $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 to the Georgetown Waterfront Park Fund
For payment to the Georgetown Waterfront Park Fund, $1,000,000 for
the construction and landscaping of Georgetown Waterfront Park,
property described on the District of Columbia Surveyor's Plat Number
S.O. 84-230: Provided, That the Georgetown Waterfront Park Fund provide
an amount equal to one dollar for every dollar expended, in cash or in
kind, to carry out the activities supported by the grant.
Federal Payment for a National Museum of American Music and a City
Museum
For a Federal contribution to the District of Columbia to establish
a National Museum of American Music and a City Museum and Visitors
Center, $1,000,000 which shall be deposited into an escrow account held
by the District of Columbia Financial Responsibility and Management
Assistance Authority, to remain available until expended: Provided,
That $500,000 shall be available from this appropriation for the
Historical Society of Washington, D.C. for a needs and design study for
a City Museum and Visitors Center: Provided further, That $500,000
shall be available from this appropriation for the Federal City Council
to conduct a needs and design study for a National Museum of American
Music.
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, $164,717,000 (including
$137,058,000 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.
Economic Development and Regulation
Economic development and regulation, $156,039,000 (including
$45,162,000 from local funds; $80,365,000 from Federal funds; and
$30,512,000 from other funds, including $12,000,000 collected in the
form of BID tax revenue collected by the District of Columbia on behalf
of business improvement districts pursuant to the Business Improvement
Districts Act of 1996, effective May 29, 1996 (D.C. Law 11-134; D.C.
Code, sec. 1-2271 et seq.), and the Business Improvement Districts
Temporary Amendment Act of 1997 (Bill 12-230)).
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,
$751,346,000 (including $513,160,000 from local funds, $25,887,000 from
Federal funds, and $212,299,000 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, semi-annual reports on the status of crime reduction
in each of the 83 police service areas established throughout the
District of Columbia, said reports to be delivered to Congress by June
30 and December 31, 1999: 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 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 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, $773,334,000 (including $640,135,000 from
local funds, $110,247,000 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; $12,235,000 from local funds for public
charter schools; $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 Chief
Executive Officer/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 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 Public Law 100-77, approved July 22, 1987) providing
emergency shelter services in the District, if the District would not
be qualified to receive reimbursement pursuant to the Stewart B.
McKinney Homeless Assistance Act, approved July 22, 1987 (101 Stat.
485; Public Law 100-77; 42 U.S.C. 11301 et seq.).
Public Works
Public works, including rental of one passenger-carrying vehicle
for use by the Mayor and three passenger-carrying vehicles for use by
the Council of the District of Columbia and 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.
Financing and Other Uses
Financing and other uses, $451,623,000 (including for payment to
the Washington Convention Center Enterprise Fund, $5,400,000 from local
funds; reimbursement to the United States of funds loaned in compliance
with An Act to provide for the establishment of a modern, adequate, and
efficient hospital center in the District of Columbia, approved August
7, 1946 (60 Stat. 896; Public Law 79-648); section 1 of An Act to
authorize the Commissioners of the District of Columbia to borrow funds
for capital improvement programs and to amend provisions of law
relating to Federal Government participation in meeting costs of
maintaining the Nation's Capital City, approved June 6, 1958 (72 Stat.
183; Public Law 85-451; D.C. Code, sec. 9-219); section 4 of An Act to
authorize the Commissioners of the District of Columbia to plan,
construct, operate, and maintain a sanitary sewer to connect the Dulles
International Airport with the District of Columbia system, approved
June 12, 1960 (74 Stat. 211; Public Law 86-515); and sections 723 and
743(f) of the District of Columbia Home Rule Act of 1973, approved
December 24, 1973, as amended (87 Stat. 821; Public Law 93-198; D.C.
Code, sec. 47-321, note; 91 Stat. 1156; Public Law 95-131; D.C. Code,
sec. 9-219, note), including interest as required thereby, $382,170,000
from local funds; for the purpose of eliminating the $331,589,000
general fund accumulated deficit as of September 30, 1990, $38,453,000
from local funds, as authorized by section 461(a) of the District of
Columbia Home Rule Act, approved December 24, 1973, as amended (105
Stat. 540; Public Law 102-106; D.C. Code, sec. 47-321(a)(1); for
payment of interest on short-term borrowing, $11,000,000 from local
funds; for lease payments in accordance with the Certificates of
Participation involving the land site underlying the building located
at One Judiciary Square, $7,926,000 from local funds; for human
resources development, including costs of increased employee training,
administrative reforms, and an executive compensation system,
$6,674,000 from local funds).
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 appropriation headings in
this Act for productivity savings.
Receivership Programs
For all agencies of the District 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):
Provided, That, of the sums made available to the Commission on Mental
Health Services, $5,000,000 shall be available to a 501(c)(3) nonprofit
organization formed in 1991 and located in the District of Columbia to
finance capital improvements to community-based housing facilities
dedicated for use only by seriously and chronically mentally ill
individuals in the District of Columbia.
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.
ENTERPRISE FUNDS
Water and Sewer Authority and the Washington Aqueduct
For the Water and Sewer Authority and the Washington Aqueduct,
$273,314,000 from other funds (including $239,493,000 for the Water and
Sewer Authority and $33,821,000 for the Washington Aqueduct) of which
$28,104,000 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 Enterprise Fund
For the Lottery and Charitable Games Enterprise Fund, established
by the District of Columbia Appropriation Act for the fiscal year
ending September 30, 1982, approved December 4, 1981 (95 Stat. 1174,
1175; Public Law 97-91), as amended, for the purpose of implementing
the Law to Legalize Lotteries, Daily Numbers Games, and Bingo and
Raffles for Charitable Purposes in the District of Columbia, effective
March 10, 1981 (D.C. Law 3-172; D.C. Code, secs. 2-2501 et seq. and 22-
1516 et seq.), $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 local
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.
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).
Department of Insurance and Securities Regulation
For the Department of Insurance and Securities Regulation,
$7,001,000 from other funds.
D.C. General Hospital
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.
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
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. 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.
PERSONNEL
The government of the District of Columbia shall employ no more
than 32,900 FTE positions, exclusive of intra-district FTE positions,
during fiscal year 1999.
CAPITAL OUTLAY
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
Section 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, in the case of the Council of
the District of Columbia, funds may be expended with the authorization
of the chair of the Council.
Sec. 106. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of judgments that have been entered against the
District of Columbia government: Provided, That nothing contained in
this section shall be construed as modifying or affecting the
provisions of section 11(c)(3) of title XII of the District of Columbia
Income and Franchise Tax Act of 1947, approved March 31, 1956 (70 Stat.
78; Public Law 84-460; D.C. Code, sec. 47-1812.11(c)(3)).
Sec. 107. Appropriations in this Act shall be available for the
payment of public assistance without reference to the requirement of
section 544 of the District of Columbia Public Assistance Act of 1982,
effective April 6, 1982 (D.C. Law 4-101; D.C. Code, sec. 3-205.44), and
for the non-Federal share of funds necessary to qualify for Federal
assistance under the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5781 et seq.); the Victims of Crime Act of 1984 (42
U.S.C. 1061); and the provisions of the Violent Crime Control and Law
Enforcement Act of 1994, authorizing the violent offender incarceration
and truth-in-sentencing grant programs (42 U.S.C. 13702).
Sec. 108. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 109. No funds appropriated in this Act for the District of
Columbia government for the operation of educational institutions, the
compensation of personnel, or for other educational purposes may be
used to permit, encourage, facilitate, or further partisan political
activities. Nothing herein is intended to prohibit the availability of
school buildings for the use of any community or partisan political
group during non-school hours.
Sec. 110. None of the funds appropriated in this Act shall be made
available to pay the salary of any employee of the District of Columbia
government whose name, title, grade, salary, past work experience, and
salary history are not available for inspection by the House and Senate
Committees on Appropriations, the Subcommittee on the District of
Columbia of the House Committee on Government Reform and Oversight, the
Subcommittee on Oversight of Government Management, Restructuring and
the District of Columbia of the Senate Committee on Governmental
Affairs, and the Council of the District of Columbia, or their duly
authorized representative.
Sec. 111. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making payments
authorized by the District of Columbia Revenue Recovery Act of 1977,
effective September 23, 1977 (D.C. Law 2-20; D.C. Code, sec. 47-421 et
seq.).
Sec. 112. No part of this appropriation shall be used for publicity
or propaganda purposes or implementation of any policy including
boycott designed to support or defeat legislation pending before
Congress or any State legislature.
Sec. 113. At the start of the fiscal year, the Mayor shall develop
an annual plan, by quarter and by project, for capital outlay
borrowings: Provided, That within a reasonable time after the close of
each quarter, the Mayor shall report to the Council of the District of
Columbia and the Congress the actual borrowings and spending progress
compared with projections.
Sec. 114. The Mayor shall not borrow any funds for capital projects
unless the Mayor has obtained prior approval from the Council of the
District of Columbia, by resolution, identifying the projects and
amounts to be financed with such borrowings.
Sec. 115. The Mayor shall not expend any moneys borrowed for
capital projects for the operating expenses of the District of Columbia
government.
Sec. 116. None of the funds appropriated by this Act may be
obligated or expended by reprogramming except pursuant to advance
approval of the reprogramming granted according to the procedure set
forth in the Joint Explanatory Statement of the Committee of Conference
(House Report No. 96-443), which accompanied the District of Columbia
Appropriation Act, 1980, approved October 30, 1979 (93 Stat. 713;
Public Law 96-93), as modified in House Report No. 98-265, and in
accordance with the Reprogramming Policy Act of 1980, effective
September 16, 1980 (D.C. Law 3-100; D.C. Code, sec. 47-361 et seq.):
Provided, That for the fiscal year ending September 30, 1999 the above
shall apply except as modified by Public Law 104-8.
Sec. 117. None of the Federal funds provided in this Act shall be
obligated or expended to provide a personal cook, chauffeur, or other
personal servants to any officer or employee of the District of
Columbia.
Sec. 118. None of the Federal funds provided in this Act shall be
obligated or expended to procure passenger automobiles as defined in
the Automobile Fuel Efficiency Act of 1980, approved October 10, 1980
(94 Stat. 1824; Public Law 96-425; 15 U.S.C. 2001(2)), with an
Environmental Protection Agency estimated miles per gallon average of
less than 22 miles per gallon: Provided, That this section shall not
apply to security, emergency rescue, or armored vehicles.
Sec. 119. (a) Notwithstanding section 422(7) of the District of
Columbia Home Rule Act of 1973, approved December 24, 1973 (87 Stat.
790; Public Law 93-198; D.C. Code, sec. 1-242(7)), the City
Administrator shall be paid, during any fiscal year, a salary at a rate
established by the Mayor, not to exceed the rate established for Level
IV of the Executive Schedule under 5 U.S.C. 5315.
(b) For purposes of applying any provision of law limiting the
availability of funds for payment of salary or pay in any fiscal year,
the highest rate of pay established by the Mayor under subsection (a)
of this section for any position for any period during the last quarter
of calendar year 1998 shall be deemed to be the rate of pay payable for
that position for September 30, 1998.
(c) Notwithstanding section 4(a) of the District of Columbia
Redevelopment Act of 1945, approved August 2, 1946 (60 Stat. 793;
Public Law 79-592; D.C. Code, sec. 5-803(a)), the Board of Directors of
the District of Columbia Redevelopment Land Agency shall be paid,
during any fiscal year, per diem compensation at a rate established by
the Mayor.
Sec. 120. Notwithstanding any other provisions of law, the
provisions of the District of Columbia Government Comprehensive Merit
Personnel Act of 1978, as amended 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 of 1973, approved
December 24, 1973 (87 Stat. 790; Public Law 93-198; D.C. Code, sec. 1-
242(3)), shall apply with respect to the compensation of District of
Columbia employees: Provided, That for pay purposes, employees of the
District of Columbia government shall not be subject to the provisions
of title 5, United States Code.
Sec. 121. The Chief Financial Officer of the District of Columbia
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
Chief Financial Officer 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 (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.
Sec. 125. In the event a sequestration order is issued pursuant to
the Balanced Budget and Emergency Deficit Control Act, 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.
Sec. 126. (a) An entity of the District of Columbia government may
accept and use a gift or donation during fiscal year 1999 if--
(1) the Mayor approves the acceptance and use of the gift
or donation: Provided, That the Council of the District of
Columbia may accept and use gifts without prior approval by the
Mayor; and
(2) the entity uses the gift or donation to carry out its
authorized functions or duties.
(b) Each entity of the District of Columbia government shall keep
accurate and detailed records of the acceptance and use of any gift or
donation under subsection (a) of this section, and shall make such
records available for audit and public inspection.
(c) For the purposes of this section, the term ``entity of the
District of Columbia government'' includes an independent agency of the
District of Columbia.
(d) This section shall not apply to the District of Columbia Board
of Education, which may, pursuant to the laws and regulations of the
District of Columbia, accept and use gifts to the public schools
without prior approval by the Mayor.
Sec. 127. None of the Federal funds provided in this Act may be
used by the District of Columbia to provide for salaries, expenses, or
other costs associated with the offices of United States Senator or
United States Representative under section 4(d) of the District of
Columbia Statehood Constitutional Convention Initiatives of 1979,
effective March 10, 1981 (D.C. Law 3-171; D.C. Code, sec. 1-113(d)).
Sec. 128. 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. 129. 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. 130. U.S. Army Corps of Engineers Services to District of
Columbia Public Schools. In using the funds for repair and improvement
of the District of Columbia's public school facilities made available
under this Act or any other Act, any entity of the District of Columbia
government, including 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 Chief of
Engineers of the U.S. Army Corps of Engineers. The Chief of Engineers
may accept such orders on a reimbursable basis and may provide any part
of such services by contract. In providing such services, the Chief of
Engineers shall follow the Federal Acquisition Regulations and the
implementing Department of Defense regulations. This section shall
apply to fiscal year 1999 and each fiscal year thereafter.
Sec. 131. 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 as such benefits are extended to legally married couples.
Sec. 132. (a) No later than October 1, 1998, or within 30 calendar
days after the date of the enactment of the District of Columbia
Appropriations Act, 1999, whichever occurs later, and each succeeding
year, the Chief Executive Officer/Superintendent of the District of
Columbia Public Schools 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 Chief Executive
Officer/Superintendent of the District of Columbia Public Schools and
the University of the District of Columbia submit to the Mayor of the
District of Columbia for inclusion in the Mayor's budget submission to
the Council of the District of Columbia pursuant to section 442 of the
District of Columbia Home Rule Act, Public Law 93-198, as amended (D.C.
Code, sec. 47-301).
Sec. 133. The Emergency Transitional Education Board of Trustees,
the Board of Trustees of the University of the District of Columbia,
the Board of Library Trustees, and the Board of Governors of the
University of the District of Columbia School of Law shall vote on and
approve their respective annual or revised budgets before submission to
the Mayor of the District of Columbia for inclusion in the Mayor's
budget submission to the Council of the District of Columbia in
accordance with section 442 of the District of Columbia Home Rule Act,
Public Law 93-198, as amended (D.C. Code, sec. 47-301), or before
submitting their respective budgets directly to the Council.
Sec. 134. (a) Ceiling on Total Operating Expenses. 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 sum of the total revenues of the
District of Columbia for such fiscal year, unless additional
expenditures which the Chief Financial Officer of the District of
Columbia certifies will produce additional revenues during such fiscal
year are at least equal to 200 percent of such additional expenditures,
and are approved by the District of Columbia Financial Responsibility
and Management Assistance Authority (hereinafter in this section
referred to as ``Authority'').
(b) Enforcement.--The Chief Financial Officer 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.
(c) Report on Expenditures by Authority.--Not later than 30
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 Senate and the House of Representatives, the
Committee on Governmental Affairs of the Senate, and the Committee on
Government Reform and Oversight of the House of Representatives,
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) Reports.--The Chief Financial Officer shall include in the
quarterly financial report required by Section 456(d), as amended, of
the Home Rule Act information on all Federal, private, and other grants
subject to this subsection.
Sec. 135. University of the District of Columbia Investment
Authority. Section 108(b) of the District of Columbia Public Education
Act (D.C. Code, sec. 31-1408) is amended by striking the period at the
end of the sentence and adding the phrase ``, except that the funds
appropriated in this section also may be invested in equity-based
securities if approved by the Chief Financial Officer of the District
of Columbia.''.
Sec. 136. If a department or agency of the government of the
District of Columbia is under the administration of a court-appointed
receiver or other court-appointed official during fiscal year 1999 or
any succeeding fiscal year, the receiver or official shall prepare and
submit to the Mayor, for inclusion in the annual budget of the District
of Columbia for the year, annual estimates of the expenditures and
appropriations necessary for the maintenance and operation of the
department or agency. All such estimates shall be forwarded by the
Mayor to the Council, for its action pursuant to sections 446 and
603(c) of the District of Columbia Home Rule Act, without revision but
subject to the Mayor's recommendations. Notwithstanding any provision
of the District of Columbia Home Rule Act, the Council may comment or
make recommendations concerning such annual estimates but shall have no
authority under such Act to revise such estimates.
Sec. 137. The District of Columbia Financial Responsibility and
Management Assistance Authority and the Chief Executive Officer/
Superintendent of the District of Columbia Public Schools are hereby
directed to report to the Appropriations Committees of the Senate and
the House of Representatives, the Committee on Governmental Affairs of
the Senate, and the Committee on Government Reform and Oversight of the
House of Representatives not later than April 1, 1999, on all measures
necessary and steps to be taken to ensure that the District's Public
Schools open on time to begin the 1999-2000 academic year.
Sec. 138. (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. 139. (a) 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.
(b) Modification of Reduction in Force Procedures.--The District of
Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C.
Code, sec. 1-601.1 et seq.), as amended, is further amended in section
2408(a) by deleting ``1998'' and inserting, ``1999''; in subsection
(b), by deleting ``1998'' and inserting, ``1999''; in subsection (i),
by deleting ``1998'' and inserting, ``1999''; and in subsection (k), by
deleting ``1998'' and inserting, ``1999''.
Sec. 140. Assessment and Placement of Special Education Students.
Notwithstanding any other provision of law, not later than 120 days
after the date that a District of Columbia Public Schools [DCPS]
student is referred for evaluation or assessment--
(1) the District of Columbia Board of Education (referred
to in this section as the ``Board''), or its successor and DCPS
shall assess or evaluate a student who may have a disability
and who may require special education services; and
(2) if a student is classified as having a disability, as
defined in section 101(a)(1) of the Individuals with
Disabilities Education Act (84 Stat. 175; 20 U.S.C. 1401(a)(1))
or in section 7(8) of the Rehabilitation Act of 1973 (87 Stat.
359; 29 U.S.C. 706(8)), the Board and DCPS shall place that
student in an appropriate program of special education
services.
Sec. 141. Notwithstanding any provision of any Federally-granted
charter or any other provision of law, beginning with fiscal year 1999
and for each fiscal year hereafter, 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. 142. 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. 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. 143. 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. 144. The District of Columbia Financial Responsibility and
Management Assistance Authority (hereinafter in this section referred
to as ``the Authority'') shall report to the Appropriations Committees
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 by February 15,
1999, on the status of all partnerships or agreements entered into from
January 1, 1994 through September 30, 1998, between the District of
Columbia government and any nonprofit organization that provides
medical care, substance abuse treatment, low income housing, food and
shelter services, abstinance programs, or educational services to
children, adults and families residing in the District. For those
partnerships or agreements that have been terminated, the Authority
shall report to Congress on the plans by the District government for
reinitiating the partnerships or agreements with the respective
nonprofit organization.
Sec. 145. Repeal of Residency Requirement Reinstatement Amendment
Act of 1998. The Residency Requirement Reinstatement Amendment Act of
1998 (D.C. Act 12-340) is hereby repealed.
Sec. 146. Reserve.--The District of Columbia Financial
Responsibility and Management Assistance Act of 1995, Public Law 104-8
(Approved April 17, 1995), Sec. 202 is amended to include the
following:
``(i) Reserve.--Beginning with the Fiscal Year 2000 fiscal plan or
budget submitted pursuant to this Act, said Act shall contain
$150,000,000 for a Reserve to be established by the Chief Financial
Officer for the District of Columbia and the District of Columbia
Financial Responsibility and Management Assistance Authority: Provided,
That the reserve shall only be expended according to criteria
established by the Chief Financial Officer and approved by the District
of Columbia Financial Responsibility and Management Assistance
Authority.''.
Sec. 147. Revenue Accumulated by Unappropriated Fees.--Funds
accumulated during fiscal year 1999 through fees that are otherwise
non-appropriated funds to the District of Columbia may be expended
during fiscal year 1999 by the Chief Financial Officer up to the amount
certified by the Chief Financial Officer with the prior written
approval of the District of Columbia Financial Responsibility and
Management Assistance Authority.
Sec. 148. Library Fundraising Authority.--D.C. Code Section 37-105
is amended by striking the word ``and'' after section (11) and striking
the period after section (12) and adding the following phrase:
``, (13) Notwithstanding any other provision of law, the Board of
Trustees of the District of Columbia Public Library is authorized to
hire a fundraiser and to raise funds from private sources and expend
those funds for the benefit of the District of Columbia Public Library,
with the prior review and approval of the Chief Financial Officer for
the District of Columbia and the District of Columbia Financial
Responsibility and Management Assistance Authority.''.
Sec. 149. District of Columbia Adoption Improvement Act of 1998.
(a) Short Title.--This section may be cited as the ``District of
Columbia Adoption Improvement Act of 1998''.
(b) Report and Database.--
(1) Report.--Not later than 30 days after the date of
enactment of this Act, the District of Columbia Child and
Family Services (referred to in this section as ``Family
Services'') shall report to Congress the number of children in
the custody of the District of Columbia that are legally free
for adoption.
(2) Database.--Not later than 90 days after the date of
enactment of this Act, Family Services shall establish a
database listing and tracking any child who is in the custody
of the District of Columbia with the goal of adoption or
legally free for adoption.
(c) Transfer of Some Functions to Private Service Providers.--
(1) In general.--
(A) Private contracts.--Not later than September
30, 1999, Family Services shall enter into contracts
with private service providers to perform some of the
adoption recruitment and placement functions of Family
Services including recruitment, homestudy, and
placements.
(B) Competitive bidding.--Any contract entered into
pursuant to subparagraph (A) shall be subject to the
competitive bidding process and an outcomes based out-
sourcing.
(C) Performance-based compensation.--
(i) In general.--Any contract entered into
pursuant to subparagraph (A) shall compensate
the winning bidder pursuant to subparagraph (B)
solely upon completion of a service.
(ii) Completion.--For purposes of clause
(i), completion occurs when--
(I) in the case of recruitment,
Family Services receives a completed
homestudy for the adoptive family,
which recommends licensure for the
adoptive family;
(II) in the case of homestudies, a
homestudy is delivered to Family
Services by the contractor in a form
specified in advance by Family
Services; or
(III) in the case of placements,
the adoption is finalized.
(D) Removal of barriers to adoption.--Family
Services shall meet regularly with all private service
providers awarded contracts under this subsection, and
shall make its best efforts to eliminate all
administrative and judicial barriers to adoption
identified by the private service providers.
(E) No embargoes.--No child may be exclusively
assigned to a specific private service provider or
otherwise embargoed, but shall be available for
recruitment and placement by any service provider
awarded a contract for recruitment or placement
services pursuant to this subsection.
(2) Custody and responsibility.--Family Services shall
retain the custody of any child on whose behalf a private
service provider performs recruitment and placement functions
pursuant to a contract entered into under this subsection.
Sec. 150. Clarification of Responsibility for Adult Offender
Supervision in the District of Columbia. (a) Section 11233(b)(2) of the
National Capital Revitalization and Self-Government Improvement Act of
1997 (Public Law 105-33) is amended by--
(1) striking ``; and'' in subparagraph (F) and inserting
``;'';
(2) striking ``Columbia.'' in subparagraph (G) and
inserting ``Columbia; and''; and
(3) inserting after subparagraph (G) the following:
``(H) carry out all functions which have heretofore
been carried out by the Social Services Division of the
Superior Court relating to supervision of adults
subject to protection orders or provision of services
for or related to such persons.''.
(b) Section 11-1722 of the District of Columbia Code is amended--
(1) in subsection (a)--
(A) by inserting ``juvenile'' after ``all'' in the
first sentence; and
(B) by amending the second sentence to read as
follows: ``The Director shall have no jurisdiction over
any adult under supervision.'';
(2) in subsection (b), inserting ``including the agency
established by section 11233(a) of the National Capital
Revitalization and Self-Government Improvement Act of 1997,''
after ``Columbia,''; and
(3) in subsection (c), by inserting ``juvenile'' after
``of''.
Sec. 151. Public Law 104-8 is amended by adding new Section 109 as
follows:
``SEC. 109. CHIEF MANAGEMENT OFFICER.
``(a) The Authority may employ a Chief Management Officer of the
District of Columbia, who shall be appointed by the Chair with the
consent of the Authority. The Chief Management Officer shall assist the
Authority in the fulfillment of its responsibilities under the District
of Columbia Management Reform Act of 1997, Subtitle B of the National
Capital Revitalization and Self-Government Improvement Act of 1997,
Title XI of Public Law 105-33, to improve the effectiveness and
efficiency of the District of Columbia Government. The Authority may
delegate to the Chief Management Officer responsibility for oversight
and supervision of the departments and functions of the District of
Columbia Government as the Authority may determine. The Chief
Management Officer shall report directly to the Authority, through the
Chair of the Authority, and shall be directed in his or her performance
by a majority of the Authority. The Chief Management Officer shall be
paid at an annual rate determined by the Authority sufficient in the
judgment of the Authority to obtain the services of an individual with
the skills and experience required to discharge the duties of the
office.
``(b) Staff.--With the approval of the Chair, the Chief Management
Officer may appoint and fix the pay of additional personnel as the
Chief Management Officer considers appropriate.
``(c) Employment Contract.--Notwithstanding any other provision of
law, the employment agreement entered into as of January 15, 1998,
between the Chief Management Officer and the District of Columbia
Financial Responsibility and Management Assistance Authority shall be
valid in all respects.''.
Sec. 152. Section 47-317.2(c) of the D.C. Code is amended to read
as follows--
``Salary.--The Chief Financial Officer shall be paid at an annual
rate determined by the Authority sufficient in the judgment of the
Authority to obtain the services of an individual with the skills and
experience required to discharge the duties of the office.''.
Sec. 153. Section 1-1182.8(a)(1)(E) of the D.C. Code is amended to
read as follows--
``The Inspector General shall be paid at an annual rate determined
by the Authority sufficient in the judgment of the Authority to obtain
the services of an individual with the skills and experience required
to discharge the duties of the office.''.
Sec. 154. Section 1-1182.8(a)(4)(A) of the D.C. Code is amended to
read as follows--
``(A) Audit the financial statement and report described in
paragraph (3)(H) for a fiscal year, except that the financial statement
and report may not be audited by the same auditor (or an auditor
employed by or affiliated with the same auditor) for more than 5
consecutive fiscal years; and''.
Sec. 155. None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this Act,
both Federal and District government agencies, that remain available
for obligation or expenditure in fiscal year 1999, or provided from any
accounts in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be
available for obligation or expenditure for an agency through a
reprogramming of funds which: (1) creates new programs; (2) eliminates
a program, project, or activity; (3) establishes or changes allocations
specifically denied, limited or increased by Congress in the Act; (4)
increases funds or personnel by any means for any project or activity
for which funds have been denied or restricted; (5) reestablishes
through reprogramming any program or project previously deferred
through reprogramming; (6) augments existing programs, projects, or
activities through a reprogramming of funds in excess of $1,000,000 or
20 percent, whichever is more; or (7) increases by 20 percent or more
personnel assigned to a specific program, project or activity, unless
the Appropriations Committees of both the Senate and House of
Representatives are notified in writing fifteen days in advance of such
reprogramming of funds.
Sec. 156. Deficit Reduction and Revitalization.--Notwithstanding
any other provision of law or this Act, funds allocated to management
reform by the District of Columbia Financial Responsibility and
Management Assistance Authority under this heading in Public Law 105-
100 (111 Stat. 2159), as contained in the Authority's notification of
June 24, 1998, shall remain available for management reform until
September 30, 1999.
Sec. 157. Section 47-391.2(a) of the District of Columbia Code is
amended to read as follows:
``(a) Executive Director.--The Authority shall have an Executive
Director who shall be appointed by the Chair with the consent of the
Authority. The Executive Director shall be paid at an annual rate
determined by the Authority sufficient in the judgement of the
Authority to obtain the services of an individual with the skills and
experience required to discharge the duties of the office.''.
This Act may be cited as the ``District of Columbia Appropriations
Act, 1999''.
Calendar No. 481
105th CONGRESS
2d Session
S. 2333
[Report No. 105-254]
_______________________________________________________________________
A BILL
Making appropriations for the government of the District of Columbia
and other activities chargeable in whole or in part against the
revenues of said District for the fiscal year ending September 30,
1999, and for other purposes.
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July 21, 1998
Read twice and placed on the calendar