[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]

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                                 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.

_______________________________________________________________________

                             July 21, 1998

                 Read twice and placed on the calendar