[Congressional Record Volume 140, Number 95 (Wednesday, July 20, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: July 20, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
  DISTRICT OF COLUMBIA SUPPLEMENTAL APPROPRIATIONS AND RESCISSIONS ACT

  Mr. MITCHELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar Order No. 522, H.R. 4649, the 
District of Columbia appropriations bill.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The bill clerk read as follows:

       A bill (H. R. 4649) 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, 1995 and 
     for other purposes.

  The Senate proceeded to consider the bill.
  (The parts of the bill intended to be stricken are shown in boldface 
brackets, and the parts of the bill intended to be inserted are shown 
in italic.)

                               H.R. 4649

       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, 1995, and 
     for other purposes, namely:

                                TITLE I

                    FISCAL YEAR 1995 APPROPRIATIONS

              Federal Payment to the District of Columbia

       For payment to the District of Columbia for the fiscal year 
     ending September 30, 1995, [$667,930,000] $647,930,000, as 
     authorized by section 502(a) of the District of Columbia 
     Self-Government and Governmental Reorganization Act, Public 
     Law 93-198, as amended (D.C. Code, sec. 47-3406.1).

                Federal Contribution to Retirement Funds

       For the Federal contribution to the Police Officers and 
     Fire Fighters', Teachers', and Judges' Retirement Funds, as 
     authorized by the District of Columbia Retirement Reform Act, 
     approved November 17, 1979 (93 Stat. 866; Public Law 96-122), 
     $52,070,000.

                          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, $81,159,000: Provided, 
     That not to exceed $2,500 for the Mayor, $2,500 for the 
     Chairman of the Council of the District of Columbia, and 
     $2,500 for the City Administrator shall be available from 
     this appropriation for expenditures for official purposes: 
     Provided further, That any program fees collected from the 
     issuance of debt shall be available for the payment of 
     expenses of the debt management program of the District of 
     Columbia: Provided further, That notwithstanding any other 
     provision of law, there is hereby appropriated from the 
     earnings of the applicable retirement funds $12,432,000 to 
     pay legal, management, investment, and other fees and 
     administrative expenses of the District of Columbia 
     Retirement Board: Provided further, That the District of 
     Columbia Retirement Board shall provide to the Congress and 
     to the Council of the District of Columbia a quarterly report 
     of the allocations of charges by fund and of expenditures of 
     all funds: Provided further, That the District of Columbia 
     Retirement Board shall provide the Mayor, for transmittal to 
     the Council of the District of Columbia, an item accounting 
     of the planned use of appropriated funds in time for each 
     annual budget submission and the actual use of such funds in 
     time for each annual audited financial report: Provided 
     further, That no revenues from Federal sources shall be used 
     to support the operations or activities of the Statehood 
     Commission and Statehood Compact Commission: Provided 
     further, That the District of Columbia shall identify the 
     sources of funding for Admission to Statehood from its own 
     locally generated revenues.

                  Economic Development and Regulation

       Economic development and regulation, $56,343,000: Provided, 
     That the District of Columbia Housing Finance Agency, 
     established by section 201 of the District of Columbia 
     Housing Finance Agency Act, effective March 3, 1979 (D.C. Law 
     2-135; D.C. Code, sec. 45-2111), based upon its capability of 
     repayments as determined each year by the Council of the 
     District of Columbia from the Housing Finance Agency's annual 
     audited financial statements to the Council of the District 
     of Columbia, shall repay to the general fund an amount equal 
     to the appropriated administrative costs plus interest at a 
     rate of four percent per annum for a term of 15 years, with a 
     deferral of payments for the first three years: Provided 
     further, That notwithstanding the foregoing provision, the 
     obligation to repay all or part of the amounts due shall be 
     subject to the rights of the owners of any bonds or notes 
     issued by the Housing Finance Agency and shall be repaid to 
     the District of Columbia government only from available 
     operating revenues of the Housing Finance Agency that are in 
     excess of the amounts required for debt service, reserve 
     funds, and operating expenses: Provided further, That upon 
     commencement of the debt service payments, such payments 
     shall be deposited into the general fund of the District of 
     Columbia.

                      Human Resources Development

       Human resources development, $41,046,000.

                       Public Safety and Justice

       Public safety and justice, including purchase of 135 
     passenger-carrying vehicles for replacement only, including 
     130 for police-type use and five for fire-type use, without 
     regard to the general purchase price limitation for the 
     current fiscal year, $884,926,000: Provided, That the 
     Metropolitan Police Department is authorized to replace not 
     to exceed 25 passenger-carrying vehicles and the Fire 
     Department of the District of Columbia is authorized to 
     replace not to exceed five passenger-carrying vehicles 
     annually whenever the cost of repair to any damaged vehicle 
     exceeds three-fourths of the cost of the replacement: 
     Provided further, That not to exceed $500,000 shall be 
     available from this appropriation for the Chief of Police for 
     the prevention and detection of crime: Provided further, That 
     the Metropolitan Police Department shall provide quarterly 
     reports to the Committees on Appropriations of the House and 
     Senate on efforts to increase efficiency and improve the 
     professionalism in the department: Provided further, That 
     notwithstanding any other provision of law, or Mayor's Order 
     86-45, issued March 18, 1986, the Metropolitan Police 
     Department's delegated small purchase authority shall be 
     $500,000: Provided further, That the District of Columbia 
     government may not require the Metropolitan Police Department 
     to submit to any other procurement review process, or to 
     obtain the approval of or be restricted in any manner by any 
     official or employee of the District of Columbia government, 
     for purchases that do not exceed $500,000: Provided further, 
     That funds appropriated for expenses under the District of 
     Columbia Criminal Justice Act, approved September 3, 1974 (88 
     Stat. 1090; Public Law 93-412; D.C. Code, sec. 11-2601 et 
     seq.), for the fiscal year ending September 30, 1995, shall 
     be available for obligations incurred under the Act in each 
     fiscal year since inception in the fiscal year 1975: Provided 
     further, That funds appropriated for expenses under the 
     District of Columbia Neglect Representation Equity Act of 
     1984, effective March 13, 1985 (D.C. Law 5-129; D.C. Code, 
     sec. 16-2304), for the fiscal year ending September 30, 1995, 
     shall be available for obligations incurred under the Act in 
     each fiscal year since inception in the fiscal year 1985: 
     Provided further, That funds appropriated for expenses under 
     the District of Columbia Guardianship, Protective 
     Proceedings, and Durable Power of Attorney Act of 1986, 
     effective February 27, 1987 (D.C. Law 6-204; D.C. Code, sec. 
     21-2060), for the fiscal year ending September 30, 1995, 
     shall be available for obligations incurred under the Act in 
     each fiscal year since inception in fiscal year 1989: 
     Provided further, That not to exceed $1,500 for the Chief 
     Judge of the District of Columbia Court of Appeals, $1,500 
     for the Chief Judge of the Superior Court of the District of 
     Columbia, and $1,500 for the Executive Officer of the 
     District of Columbia Courts shall be available from this 
     appropriation for official purposes: Provided further, That 
     the District of Columbia shall operate and maintain a free, 
     24-hour telephone information service whereby residents of 
     the area surrounding Lorton prison in Fairfax County, 
     Virginia, can promptly obtain information from District of 
     Columbia government officials on all disturbances at the 
     prison, including escapes, fires, riots, and similar 
     incidents: Provided further, That the District of Columbia 
     government shall also take steps to publicize the 
     availability of the 24-hour telephone information service 
     among the residents of the area surrounding the Lorton 
     prison: Provided further, That not to exceed $100,000 of this 
     appropriation shall be used to reimburse Fairfax County, 
     Virginia, and Prince William County, Virginia, for expenses 
     incurred by the counties during the fiscal year ending 
     September 30, 1995, in relation to the Lorton prison complex: 
     Provided further, That such reimbursements shall be paid in 
     all instances in which the District requests the counties to 
     provide police, fire, rescue, and related services to help 
     deal with escapes, fires, riots, and similar disturbances 
     involving the prison: 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.

                        Public Education System

       Public education system, including the development of 
     national defense education programs, [$720,258,000] 
     $715,330,000, to be allocated as follows: $542,682,000, of 
     which $1,500,000 shall be used to provide additional support 
     to title I (chapter I) of the Elementary and Secondary 
     Education Act (20 U.S.C. 2701 et seq.), for the public 
     schools of the District of Columbia; $87,100,000 shall be 
     allocated for the District of Columbia Teachers' Retirement 
     Fund; $60,348,000 for the University of the District of 
     Columbia; $21,260,000 for the Public Library, of which 
     $200,000 shall be transferred to the Children's Museum; 
     $3,301,000 for the Commission on the Arts and Humanities; and 
     [$5,567,000 for the District of Columbia School of Law] 
     $639,000 for the D.C. Law Student Clinical Program/Tuition 
     Assistance Program: Provided, That the public schools of the 
     District of Columbia are authorized to accept not to exceed 
     31 motor vehicles for exclusive use in the driver education 
     program: Provided further, That not to exceed $2,500 for the 
     Superintendent of Schools, $2,500 for the President of the 
     University of the District of Columbia, and $2,000 for the 
     Public Librarian shall be available from this appropriation 
     for expenditures for official purposes: Provided further, 
     That 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, 1995, 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, $898,034,000: Provided, That 
     $20,800,000 of this appropriation, to remain available until 
     expended, shall be available solely for District of Columbia 
     employees' disability compensation: Provided further, That 
     the District shall not provide free government services such 
     as water, sewer, solid waste disposal or collection, 
     utilities, maintenance, repairs, or similar services to any 
     legally constituted private nonprofit organization (as 
     defined in section 411(5) of Public Law 100-77, approved July 
     22, 1987) providing emergency shelter services in the 
     District, if the District would not be qualified to receive 
     reimbursement pursuant to the Stewart B. McKinney Homeless 
     Assistance Act, approved July 22, 1987 (101 Stat. 485; Public 
     Law 100-77; 42 U.S.C. 11301 et seq.).

                              Public Works

       Public works, including rental of one passenger-carrying 
     vehicle for use by the Mayor and three passenger-carrying 
     vehicles for use by the Council of the District of Columbia 
     and purchase of passenger-carrying vehicles for replacement 
     only, $195,002,000: Provided, That this appropriation shall 
     not be available for collecting ashes or miscellaneous refuse 
     from hotels and places of business.

                   Washington Convention Center Fund

       For the Washington Convention Center Fund, $12,850,000.

                    Repayment of Loans and Interest

       For reimbursement to the United States of funds loaned in 
     compliance with An Act to provide for the establishment of a 
     modern, adequate, and efficient hospital center in the 
     District of Columbia, approved August 7, 1946 (60 Stat. 896; 
     Public Law 79-648); section 1 of An Act to authorize the 
     Commissioners of the District of Columbia to borrow funds for 
     capital improvement programs and to amend provisions of law 
     relating to Federal Government participation in meeting costs 
     of maintaining the Nation's Capital City, approved June 6, 
     1958 (72 Stat. 183; Public Law 85-451; D.C. Code, sec. 9-
     219); section 4 of An Act to authorize the Commissioners of 
     the District of Columbia to plan, construct, operate, and 
     maintain a sanitary sewer to connect the Dulles International 
     Airport with the District of Columbia system, approved June 
     12, 1960 (74 Stat. 211; Public Law 86-515); sections 723 and 
     743(f) of the District of Columbia Self-Government and 
     Governmental Reorganization Act of 1973, approved December 
     24, 1973, as amended (87 Stat. 821; Public Law 93-198; D.C. 
     Code, sec. 47-321, note; 91 Stat. 1156; Public Law 95-131; 
     D.C. Code, sec. 9-219, note), including interest as required 
     thereby, $306,768,000.

                Repayment of General Fund Recovery Debt

       For the purpose of eliminating the $331,589,000 general 
     fund accumulated deficit as of September 30, 1990, 
     $38,678,000, as authorized by section 461(a) of the District 
     of Columbia Self-Government and Governmental Reorganization 
     Act, approved December 24, 1973, as amended (105 Stat. 540; 
     Public Law 102-106; D.C. Code, sec. 47-321(a)).

                          Short-Term Borrowing

       For short-term borrowing, $5,000,000.

                      Optical and Dental Benefits

       For optical and dental costs for nonunion employees, 
     $3,312,000.

                             Pay Adjustment

       For pay increases and related costs, to be transferred by 
     the Mayor of the District of Columbia within the various 
     appropriation headings in this Act for fiscal year 1995 from 
     which employees are properly payable, $106,095,000.

                 D.C. General Hospital Deficit Payment

       For the purpose of reimbursing the General Fund for costs 
     incurred for the operation of the D.C. General Hospital 
     pursuant to D.C. Law 1-134, the D.C. General Hospital 
     Commission Act of 1977, $10,000,000.

                             Rainy Day Fund

       For mandatory unavoidable expenditures within one or 
     several of the various appropriation headings of this Act, to 
     be allocated to the budgets for personal services and 
     nonpersonal services as requested by the Mayor and approved 
     by the Council pursuant to the procedures in section 4 of the 
     Reprogramming Policy Act of 1980, effective September 16, 
     1980 (D.C. Law 3-100; D.C. Code, sec. 47-363), $22,508,000.

             Job-Producing Economic Development Incentives

       For tax incentive programs to be enacted by the Council 
     targeted specifically to stimulating job-producing economic 
     development in the District, $22,600,000.

                           Cash Reserve Fund

       For the purpose of a cash reserve fund to replenish the 
     consolidated cash balances of the District of Columbia, 
     $3,957,000.

             Personal and Nonpersonal Services Adjustments

       The Mayor shall reduce appropriations and expenditures for 
     personal and nonpersonal services in the amount of 
     [$5,702,000] $20,774,000, within one or several of the 
     various appropriation headings in this Act: Provided, That no 
     reduction shall be taken in the following departments and 
     agencies: Department of Finance and Revenue, Department of 
     Housing and Community Development, Department of Public and 
     Assisted Housing, Metropolitan Police Department, Fire and 
     Emergency Medical Services Department, Police and Fire 
     Retirement, Judge's Retirement, D.C. Courts (Court of 
     Appeals; Superior Court; court system), Corporation Counsel, 
     Public Defender Service, Department of Corrections, Board of 
     Education (Public Schools), Teacher's Retirement and Annuity 
     Fund, Department of Human Services, D.C. General Hospital 
     Payment, Department of Public Works, and all accounts listed 
     under the ``Finance and Other Uses'' appropriations account.

                             Capital Outlay

       For construction projects, $5,600,000, as authorized by An 
     Act authorizing the laying of water mains and service sewers 
     in the District of Columbia, the levying of assessments 
     therefor, and for other purposes, approved April 22, 1904 (33 
     Stat. 244; Public Law 58-140; D.C. Code, secs. 43-1512 
     through 43-1519); the District of Columbia Public Works Act 
     of 1954, approved May 18, 1954 (68 Stat. 101; Public Law 83-
     364); An Act to authorize the Commissioners of the District 
     of Columbia to borrow funds for capital improvement programs 
     and to amend provisions of law relating to Federal Government 
     participation in meeting costs of maintaining the Nation's 
     Capital City, approved June 6, 1958 (72 Stat. 183; Public Law 
     85-451; including acquisition of sites, preparation of plans 
     and specifications, conducting preliminary surveys, erection 
     of structures, including building improvement and alteration 
     and treatment of grounds, to remain available until expended: 
     Provided, That $140,000 shall be available for project 
     management and $110,000 for design by the Director of the 
     Department of Public Works or by contract for architectural 
     engineering services, as may be determined by the Mayor: 
     Provided further, That funds for use of each capital project 
     implementing agency shall be managed and controlled in 
     accordance with all procedures and limitations established 
     under the Financial Management System: Provided further, That 
     all funds provided by this appropriation title shall be 
     available only for the specific projects and purposes 
     intended: Provided further, That notwithstanding the 
     foregoing, all authorizations for capital outlay projects, 
     except those projects covered by the first sentence of 
     section 23(a) of the Federal-Aid Highway Act of 1968, 
     approved August 23, 1968 (82 Stat. 827; Public Law 90-495; 
     D.C. Code, sec. 7-134, note), for which funds are provided by 
     this appropriation title, shall expire on September 30, 1996, 
     except authorizations for projects as to which funds have 
     been obligated in whole or in part prior to September 30, 
     1996: Provided further, That upon expiration of any such 
     project authorization the funds provided herein for the 
     project shall lapse.

                    Water and Sewer Enterprise Fund

       For the Water and Sewer Enterprise Fund, $265,653,000, of 
     which $40,160,000 shall be apportioned and payable to the 
     debt service fund for repayment of loans and interest 
     incurred for capital improvement projects: Provided, That of 
     the amounts appropriated under this heading in prior fiscal 
     years for construction projects from the water and sewer 
     enterprise fund for the Washington Aqueduct, $21,365 are 
     rescinded.

              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.), $8,318,000, to be derived from 
     non-Federal District of Columbia revenues: Provided, That the 
     District of Columbia shall identify the source of funding for 
     this appropriation title from the District's own locally-
     generated revenues: Provided further, That no revenues from 
     Federal sources shall be used to support the operations or 
     activities of the Lottery and Charitable Games Control Board.

                    Cable Television Enterprise Fund

       For the Cable Television Enterprise Fund, established by 
     the Cable Television Communications Act of 1981, effective 
     October 22, 1983 (D.C. Law 5-36; D.C. Code, sec. 43-1801 et 
     seq.), $2,353,000, of which $140,000 shall be transferred to 
     the general fund of the District of Columbia.

                             Starplex Fund

       For the Starplex Fund, an amount necessary for the 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 Self-Government and 
     Governmental Reorganization Act, approved December 24, 1973 
     (87 Stat. 824; Public Law 93-198; D.C. Code, sec. 47-301(b)).

                           General Provisions

       Sec. 101. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive order issued pursuant to existing law.
       Sec. 102. Except as otherwise provided in this Act, all 
     vouchers covering expenditures of appropriations contained in 
     this Act shall be audited before payment by the designated 
     certifying official and the vouchers as approved shall be 
     paid by checks issued by the designated disbursing official.
       Sec. 103. Whenever in this Act, an amount is specified 
     within an appropriation for particular purposes or objects of 
     expenditure, such amount, unless otherwise specified, shall 
     be considered as the maximum amount that may be expended for 
     said purpose or object rather than an amount set apart 
     exclusively therefor.
       Sec. 104. Appropriations in this Act shall be available, 
     when authorized by the Mayor, for allowances for privately 
     owned automobiles and motorcycles used for the performance of 
     official duties at rates established by the Mayor: Provided, 
     That such rates shall not exceed the maximum prevailing rates 
     for such vehicles as prescribed in the Federal Property 
     Management Regulations 101-7 (Federal Travel Regulations).
       Sec. 105. Appropriations in this Act shall be available for 
     expenses of travel and for the payment of dues of 
     organizations concerned with the work of the District of 
     Columbia government, when authorized by the Mayor: Provided, 
     That the Council of the District of Columbia and the District 
     of Columbia Courts may expend such funds without 
     authorization by the Mayor.
       Sec. 106. There are appropriated from the applicable funds 
     of the District of Columbia such sums as may be necessary for 
     making refunds and for the payment of judgments that have 
     been entered against the District of Columbia government: 
     Provided, That nothing contained in this section shall be 
     construed as modifying or affecting the provisions of section 
     11(c)(3) of title XII of the District of Columbia Income and 
     Franchise Tax Act of 1947, approved March 31, 1956 (70 Stat. 
     78; Public Law 84-460; D.C. Code, sec. 47-1812.11(c)(3)).
       Sec. 107. Appropriations in this Act shall be available for 
     the payment of public assistance without reference to the 
     requirement of section 544 of the District of Columbia Public 
     Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-
     101; D.C. Code, sec. 3-205.44), and for the non-Federal share 
     of funds necessary to qualify for Federal assistance under 
     the Juvenile Delinquency Prevention and Control Act of 1968, 
     approved July 31, 1968 (82 Stat. 462; Public Law 90-445; 42 
     U.S.C. 3801 et seq.).
       Sec. 108. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 109. No funds appropriated in this Act for the 
     District of Columbia government for the operation of 
     educational institutions, the compensation of personnel, or 
     for other educational purposes may be used to permit, 
     encourage, facilitate, or further partisan political 
     activities. Nothing herein is intended to prohibit the 
     availability of school buildings for the use of any community 
     or partisan political group during non-school hours.
       Sec. 110. The annual budget for the District of Columbia 
     government for the fiscal year ending September 30, 1996, 
     shall be transmitted to the Congress no later than April 15, 
     1995.
       Sec. 111. None of the funds appropriated in this Act shall 
     be made available to pay the salary of any employee of the 
     District of Columbia government whose name, title, grade, 
     salary, past work experience, and salary history are not 
     available for inspection by the House and Senate Committees 
     on Appropriations, the House Committee on the District of 
     Columbia, the Subcommittee on General Services, Federalism, 
     and the District of Columbia, of the Senate Committee on 
     Governmental Affairs, and the Council of the District of 
     Columbia, or their duly authorized representative: Provided, 
     That none of the funds contained in this Act shall be made 
     available to pay the salary of any employee of the District 
     of Columbia government whose name and salary are not 
     available for public inspection.
       Sec. 112. There are appropriated from the applicable funds 
     of the District of Columbia such sums as may be necessary for 
     making payments authorized by the District of Columbia 
     Revenue Recovery Act of 1977, effective September 23, 1977 
     (D.C. Law 2-20; D.C. Code, sec. 47-421 et seq.).
       Sec. 113. No part of this appropriation shall be used for 
     publicity or propaganda purposes or implementation of any 
     policy including boycott designed to support or defeat 
     legislation pending before Congress or any State legislature.
       Sec. 114. At the start of the fiscal year, the Mayor shall 
     develop an annual plan, by quarter and by project, for 
     capital outlay borrowings: Provided, That within a reasonable 
     time after the close of each quarter, the Mayor shall report 
     to the Council of the District of Columbia and the Congress 
     the actual borrowings and spending progress compared with 
     projections.
       Sec. 115. The Mayor shall not borrow any funds for capital 
     projects unless the Mayor has obtained prior approval from 
     the Council of the District of Columbia, by resolution, 
     identifying the projects and amounts to be financed with such 
     borrowings.
       Sec. 116. The Mayor shall not expend any moneys borrowed 
     for capital projects for the operating expenses of the 
     District of Columbia government.
       Sec. 117. None of the funds appropriated by this Act may be 
     obligated or expended by reprogramming except pursuant to 
     advance approval of the reprogramming granted according to 
     the procedure set forth in the Joint Explanatory Statement of 
     the Committee of Conference (House Report No. 96-443), which 
     accompanied the District of Columbia Appropriation Act, 1980, 
     approved October 30, 1979 (93 Stat. 713; Public Law 96-93), 
     as modified in House Report No. 98-265, and in accordance 
     with the Reprogramming Policy Act of 1980, effective 
     September 16, 1980 (D.C. Law 3-100; D.C. Code, sec. 47-361 et 
     seq.).
       Sec. 118. None of the Federal funds provided in this Act 
     shall be obligated or expended to provide a personal cook, 
     chauffeur, or other personal servants to any officer or 
     employee of the District of Columbia.
       Sec. 119. None of the Federal funds provided in this Act 
     shall be obligated or expended to procure passenger 
     automobiles as defined in the Automobile Fuel Efficiency Act 
     of 1980, approved October 10, 1980 (94 Stat. 1824; Public Law 
     96-425; 15 U.S.C. 2001(2)), with an Environmental Protection 
     Agency estimated miles per gallon average of less than 22 
     miles per gallon: Provided, That this section shall not apply 
     to security, emergency rescue, or armored vehicles.
       Sec. 120. (a) Notwithstanding section 422(7) of the 
     District of Columbia Self-Government and Governmental 
     Reorganization Act of 1973, approved December 24, 1973 (87 
     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 1994 shall be 
     deemed to be the rate of pay payable for that position for 
     September 30, 1994.
       (c) Notwithstanding section 4(a) of the District of 
     Columbia Redevelopment Act of 1945, approved August 2, 1946 
     (60 Stat. 793; Public Law 79-592; D.C. Code, sec. 5-803(a)), 
     the Board of Directors of the District of Columbia 
     Redevelopment Land Agency shall be paid, during any fiscal 
     year, per diem compensation at a rate established by the 
     Mayor.
       Sec. 121. Notwithstanding any other provisions of law, the 
     provisions of the District of Columbia Government 
     Comprehensive Merit Personnel Act of 1978, effective March 3, 
     1979 (D.C. Law 2-139; D.C. Code, sec. 1-601.1 et seq.), 
     enacted pursuant to section 422(3) of the District of 
     Columbia Self-Government and Governmental Reorganization Act 
     of 1973, approved December 24, 1973 (87 Stat. 790; Public Law 
     93-198; D.C. Code, sec. 1-242(3)), shall apply with respect 
     to the compensation of District of Columbia employees: 
     Provided, That for pay purposes, employees of the District of 
     Columbia government shall not be subject to the provisions of 
     title 5 of the United States Code.
       Sec. 122. The Director of the Department of Administrative 
     Services may pay rentals and repair, alter, and improve 
     rented premises, without regard to the provisions of section 
     322 of the Economy Act of 1932 (Public Law 72-212; 40 U.S.C. 
     278a), upon a determination by the Director, that by reason 
     of circumstances set forth in such determination, the payment 
     of these rents and the execution of this work, without 
     reference to the limitations of section 322, is advantageous 
     to the District in terms of economy, efficiency, and the 
     District's best interest.
       Sec. 123. No later than 30 days after the end of the first 
     quarter of the fiscal year ending September 30, 1995, the 
     Mayor of the District of Columbia shall submit to the Council 
     of the District of Columbia the new fiscal year 1995 revenue 
     estimates as of the end of the first quarter of fiscal year 
     1995. These estimates shall be used in the budget request for 
     the fiscal year ending September 30, 1996. The officially 
     revised estimates at midyear shall be used for the midyear 
     report.
       Sec. 124. Section 466(b) of the District of Columbia Self-
     Government and Governmental Reorganization Act of 1973, 
     approved December 24, 1973 (87 Stat. 806; Public Law 93-198; 
     D.C. Code, sec. 47-326), as amended, is amended by striking 
     ``sold before October 1, 1994'' and inserting ``sold before 
     October 1, 1995''.
       Sec. 125. No sole source contract with the District of 
     Columbia government or any agency thereof may be renewed or 
     extended without opening that contract to the competitive 
     bidding process as set forth in section 303 of the District 
     of Columbia Procurement Practices Act of 1985, effective 
     February 21, 1986 (D.C. Law 6-85; D.C. Code, sec. 1-1183.3), 
     except that the District of Columbia Public Schools may renew 
     or extend sole source contracts for which competition is not 
     feasible or practical, provided that the determination as to 
     whether to invoke the competitive bidding process has been 
     made in accordance with duly promulgated Board of Education 
     rules and procedures.
       Sec. 126. For purposes of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, approved December 12, 1985 (99 
     Stat. 1037; Public Law 99-177), as amended, the term 
     ``program, project, and activity'' shall be synonymous with 
     and refer specifically to each account appropriating Federal 
     funds in this Act, and any sequestration order shall be 
     applied to each of the accounts rather than to the aggregate 
     total of those accounts: Provided, That sequestration orders 
     shall not be applied to any account that is specifically 
     exempted from sequestration by the Balanced Budget and 
     Emergency Deficit Control Act of 1985, approved December 12, 
     1985 (99 Stat. 1037; Public Law 99-177), as amended.
       Sec. 127. In the event a sequestration order is issued 
     pursuant to the Balanced Budget and Emergency Deficit Control 
     Act of 1985, approved December 12, 1985 (99 Stat. 1037: 
     Public Law 99-177), as amended, after the amounts 
     appropriated to the District of Columbia for the fiscal year 
     involved have been paid to the District of Columbia, the 
     Mayor of the District of Columbia shall pay to the Secretary 
     of the Treasury, within 15 days after receipt of a request 
     therefor from the Secretary of the Treasury, such amounts as 
     are sequestered by the order: Provided, That the 
     sequestration percentage specified in the order shall be 
     applied proportionately to each of the Federal appropriation 
     accounts in this Act that are not specifically exempted from 
     sequestration by the Balanced Budget and Emergency Deficit 
     Control Act of 1985, approved December 12, 1985 (99 Stat. 
     1037; Public Law 99-177), as amended.
       Sec. 128. Effective as if included in the enactment of the 
     District of Columbia Appropriations Act, 1990, section 133(e) 
     of such Act is amended by striking ``shall take effect'' and 
     all that follows and inserting ``shall apply with respect to 
     water and sanitary sewer services furnished on or after 
     January 1, 1990.''.
       Sec. 129. For the fiscal year ending September 30, 1995, 
     the District of Columbia shall pay interest on its quarterly 
     payments to the United States that are made more than 60 days 
     from the date of receipt of an itemized statement from the 
     Federal Bureau of Prisons of amounts due for housing District 
     of Columbia convicts in Federal penitentiaries for the 
     preceding quarter.
       Sec. 130. Nothing in this Act shall be construed to 
     authorize any office, agency or entity to expend funds for 
     programs or functions for which a reorganization plan is 
     required but has not been approved by the Council pursuant to 
     section 422(12) of the District of Columbia Self-Government 
     and Governmental Reorganization Act of 1973, approved 
     December 24, 1973 (87 Stat. 790; Public Law 93-198; D.C. 
     Code, sec. 1-242(12)) and the Governmental Reorganization 
     Procedures Act of 1981, effective October 17, 1981 (D.C. Law 
     4-42; D.C. Code, secs. 1-299.1 to 1-299.7). Appropriations 
     made by this Act for such programs or functions are 
     conditioned on the approval by the Council, prior to October 
     1, 1994, of the required reorganization plans.
       Sec. 131. (a) An entity of the District of Columbia 
     government may accept and use a gift or donation during 
     fiscal year 1995 if--
       (1) the Mayor approves the acceptance and use of the gift 
     or donation: Provided, That the Council of the District of 
     Columbia may accept and use gifts without prior approval by 
     the Mayor; and
       (2) the entity uses the gift or donation to carry out its 
     authorized functions or duties.
       (b) Each entity of the District of Columbia government 
     shall keep accurate and detailed records of the acceptance 
     and use of any gift or donation under subsection (a) of this 
     section, and shall make such records available for audit and 
     public inspection.
       (c) For the purposes of this section, the term ``entity of 
     the District of Columbia government'' includes an independent 
     agency of the District of Columbia.
       (d) This section shall not apply to the District of 
     Columbia Board of Education, which may, pursuant to the laws 
     and regulations of the District of Columbia, accept and use 
     gifts to the public schools without prior approval by the 
     Mayor.
       Sec. 132. Notwithstanding any other provision of law, each 
     agency, office, and instrumentality of the District shall 
     implement a hiring freeze and shall fill only vacancies in 
     essential positions, and to the extent practicable, shall 
     fill essential positions from among employees holding non-
     essential positions. A non-essential position that becomes 
     vacant, other than by termination for cause, shall not be 
     filled. The Council shall enact legislation to implement this 
     title, which may include, but shall not be limited to, 
     procedures for identifying essential and non-essential 
     positions, for filling vacant essential positions from among 
     employees holding non-essential positions, and for reporting 
     on implementation of the hiring freeze required by this 
     section.
       Sec. 133. None of the Federal funds provided in this Act 
     may be used by the District of Columbia to provide for 
     salaries, expenses, or other costs associated with the 
     offices of United States Senator or United States 
     Representatives under section 4(d) of the District of 
     Columbia Statehood Constitutional Convention Initiatives of 
     1979, effective March 10, 1981 (D.C. Law 3-171; D.C. Code, 
     sec. 1-113(d)).
       Sec. 134. None of the Federal funds appropriated under this 
     Act shall be expended for any abortion except when it is made 
     known to the entity or official to which funds are 
     appropriated under this Act that such procedure is necessary 
     to save the life of the mother or that the pregnancy is the 
     result of an act of rape or incest.


                 independent audit of retirement board

       Sec. 135. (a) In General.--The District of Columbia 
     Retirement Board shall enter into an agreement with an 
     independent firm meeting the qualifications described in 
     subsection (b) to prepare and submit to the Retirement Board 
     a written set of findings and recommendations not later than 
     6 months after the date of the enactment of this Act 
     regarding the appropriateness and adequacy of the Retirement 
     Board's fiduciary, management, and investment practices and 
     procedures.
       (b) Qualifications for Firm.--A firm meets the 
     qualifications described in this subsection if the firm has a 
     demonstrated expertise in the areas of investment and 
     investment consulting, [particularly with respect to] 
     including but not limited to--
       (1) the review and analysis of the investment portfolios of 
     large public pension funds;
       (2) the investment practices of the managers of such funds;
       (3) the relationship of such practices to the fiduciary 
     responsibilities of the managers of such funds; and
       (4) the analysis of the investment returns achieved by such 
     funds on both an absolute and risk-adjusted basis.
       (c) Report to Congress.--Not later than 30 days after 
     receiving the findings and recommendations provided under 
     subsection (a), the Retirement Board shall submit a report to 
     the Committee on the District of Columbia of the House of 
     Representatives, the Committee on Governmental Affairs of the 
     Senate, and the Committees on Appropriations of the House of 
     Representatives and the Senate on the findings and 
     recommendations.
       (d) Expenditure of Funds.--The Retirement Board shall spend 
     not less than to exceed $250,000 from investment earnings to 
     carry out this section. No additional funds may be provided 
     by the Mayor of the District of Columbia to the Retirement 
     Board to carry out this section.


                          municipal fish wharf

       Sec. 136. None of the funds appropriated in this Act shall 
     be obligated or expended on any proposed change in either the 
     use or configuration of, or on any proposed improvement to, 
     the Municipal Fish Wharf until such proposed change or 
     improvement has been reviewed and approved by Federal and 
     local authorities including, but not limited to, the National 
     Capital Planning Commission, the Commission of Fine Arts, and 
     the Council of the District of Columbia, in compliance with 
     applicable local and Federal laws which require public 
     hearings, compliance with applicable environmental 
     regulations including, but not limited to, any amendments to 
     the Washington, D.C. urban renewal plan which must be 
     approved by both the Council of the District of Columbia and 
     the National Capital Planning Commission.


                          financial reporting

       Sec. 137. (a) Submission of Quarterly Financial Reports.--
     Not later than fifteen days after the end of every calendar 
     quarter (beginning October 1, 1994), the Mayor shall submit 
     to the Committee on the District of Columbia of the House of 
     Representatives, the Committee on Governmental Affairs of the 
     Senate, and the Subcommittees on District of Columbia 
     Appropriations of the House of Representatives and the Senate 
     a report on the financial and budgetary status of the 
     government of the District of Columbia for the previous 
     quarter.
       (b) Contents of Report.--Each report submitted under 
     subsection (a) with respect to a quarter shall include the 
     following information:
       (1) A comparison of actual to forecasted cash receipts and 
     disbursements for each month of that quarter, as presented in 
     the District's fiscal year consolidated cash forecast;
       (2) A projection of the remaining months' cash forecast for 
     that fiscal year;
       (3) Explanations of (a) the differences between actual and 
     forecasted cash amounts for each of the months in the 
     quarter, and (b) the changes in the remaining months' 
     forecast as compared to the original forecast for those 
     months of that fiscal year; and
       (4) The effect of these changes, actual and projected, on 
     the total cash balance of the remaining months and for the 
     fiscal year; and
       (5) Explanation of the impact on meeting the budget; how 
     the results may be reflected in a supplemental budget 
     request, or how other policy decisions may be necessary which 
     may require the agencies to reduce expenditures in other 
     areas.


                          spending reductions

       Sec. 138. (a) Reduction in Fiscal Year 1995 Expenses.--
       (1) In general.--In addition to any other reduction 
     required by this Act, the total amount appropriated in this 
     title for the District of Columbia for fiscal year 1995 under 
     the caption ``Division of Expenses'' is hereby reduced by 
     [$150,000,000] $75,000,000. The reduction shall be allocated 
     by the Mayor of the District among the various appropriation 
     headings under such caption (excluding the ``Rainy Day 
     Fund'') and shall be taken only from expenses for personal 
     and nonpersonal services.
       (2) Reporting requirements.--
       (A) Implementation plan.--Not later than 30 days after the 
     date of the enactment of this Act, the Mayor of the District 
     of Columbia shall submit to the Congress a report setting 
     forth a detailed plan for the implementation of the reduction 
     made by paragraph (1).
       (B) Plan revisions.--The Mayor may at any time revise the 
     implementation plan submitted under subparagraph (A). Not 
     later than 30 days after making any such revision, the Mayor 
     shall submit to the Congress a report setting forth a 
     detailed description and justification of such revision.
       (C) Revised cash flow statements.--Each report required by 
     subparagraph (A) or (B) shall include a revised consolidated 
     cash flow statement for the government of the District of 
     Columbia that incorporates the reduction made by paragraph 
     (1) and the allocation of the reduction under the plan or 
     plan revisions submitted under this paragraph. Each report 
     shall include such revised cash flow statements of the 
     various funds, including but not limited to, the general 
     fund, enterprise funds, trust and agency funds, and component 
     unit funds, as may be affected by the revision.
       (D) Supplemental budget submission.--Any supplemental 
     budget request for fiscal year 1995 submitted by the District 
     to the Congress shall incorporate the reduction made by 
     paragraph (1) and the allocation of the reduction under the 
     plan or plan revisions submitted under this paragraph.
       (b) Annual Limitation on Outlays.--
       (1) Aggregate limitation.--The total outlays of the 
     government of the District of Columbia during fiscal year 
     1995 shall not exceed the total receipts collected by the 
     government during such fiscal year.
       (2) Individual fund limitations.--The total outlays of the 
     government of the District of Columbia from the general fund, 
     or from any special fund, of the District during fiscal year 
     1995 shall not exceed the total receipts collected by the 
     government and paid into such fund during such fiscal year.
       [(c) Enforcement.--
       [(1) Timing of annual federal payment.--The annual Federal 
     payment to the District of Columbia authorized by section 
     502(a) of the District of Columbia Self-Government and 
     Governmental Reorganization Act for fiscal year 1996 shall 
     not be made until the Secretary of the Treasury has received 
     from the Mayor of the District a certification of the total 
     outlays of, and total receipts collected by, the government 
     of the District during the preceding fiscal year.
       [(2) Reduction of annual federal payment.--The amount of 
     any annual Federal payment subject to paragraph (1) shall be 
     reduced by the amount (if any) by which the outlays described 
     in such paragraph exceed the receipts described in such 
     paragraph.
       [(d)] (c) Applicability.--The provisions of this section 
     shall apply hereafter, notwithstanding any other provision of 
     law to the contrary.


            purchase of american-made equipment and products

       Sec. 139. Sense of Congress.--It is the sense of the 
     Congress that, to the greatest extent practicable, all 
     equipment and products purchased with funds made available in 
     this Act should be American-made.
       (b) Notice Requirement.--In providing financial assistance 
     to, or entering into any contract with, any entity using 
     funds made available in this Act, the head of each agency of 
     the Federal or District of Columbia government, to the 
     greatest extent practicable, shall provide to such entity a 
     notice describing the statement made in subsection (a) by the 
     Congress.
       Sec. 140. No funds made available pursuant to any provision 
     of this Act shall be used to implement or enforce any system 
     of registration of unmarried, cohabiting couples whether they 
     are homosexual, lesbian, or heterosexual, including but not 
     limited to registration for the purpose of extending 
     employment, health, or governmental benefits to such couples 
     on the same basis that such benefits are extended to legally 
     married couples; nor shall any funds made available pursuant 
     to any provision of this Act otherwise be used to implement 
     or enforce D.C. Act 9-188, signed by the Mayor of the 
     District of Columbia on April 15, 1992.
       Sec. 141. Section 6(e)(1)(A) of Public Law 101-590 is 
     amended by striking ``1995'' and inserting ``2000''.
       This title may be cited as the ``District of Columbia 
     Appropriations Act, 1995''.

                                TITLE II

                     FISCAL YEAR 1994 SUPPLEMENTAL

                       DISTRICT OF COLUMBIA FUNDS

                   Governmental Direction and Support


                         (Including Rescission)

       For an additional amount for ``Governmental direction and 
     support'' $164,000: Provided, That of the funds appropriated 
     under this heading for the fiscal year ending September 30, 
     1994 in the District of Columbia Appropriations Act, 1994, 
     approved October 29, 1993 (Public Law 103-127; 107 Stat. 
     1337), $18,797,000 are rescinded for a net decrease of 
     $18,633,000.

                  Economic Development and Regulation


                         (Including Rescission)

       For an additional amount for ``Economic development and 
     regulation'', $1,311,000: Provided, That of the funds 
     appropriated under this heading for the fiscal year ending 
     September 30, 1994 in the District of Columbia Appropriations 
     Act, 1994, approved October 29, 1993 (Public Law 103-127; 107 
     Stat. 1337), $31,697,000 are rescinded for a net decrease of 
     $30,386,000.

                      Human Resources Development

       Human resources development, $42,801,000.

                       Public Safety and Justice


                         (Including Rescission)

       For an additional amount for ``Public safety and justice'', 
     $16,398,000: Provided, That of the funds appropriated under 
     this heading for the fiscal year ending September 30, 1994 in 
     the District of Columbia Appropriations Act, 1994, approved 
     October 29, 1993 (Public Law 103-127; 107 Stat. 1338), 
     $4,742,000 are rescinded for a net increase of $11,656,000.

                        Public Education System


                         (Including Rescission)

       For an additional amount for ``Public education system'', 
     $17,243,000 for public schools of the District of Columbia 
     and $735,000 for the University of the District of Columbia: 
     Provided, That of the funds appropriated under this heading 
     for the fiscal year ending September 30, 1994 in the District 
     of Columbia Appropriations Act, 1994, approved October 29, 
     1993 (Public Law 103-127; 107 Stat. 1339), $487,000 for the 
     Education Licensure Commission, $91,000 for the Commission on 
     the Arts and Humanities, $30,000 for the District of Columbia 
     Law School and $245,000 for the District of Columbia Public 
     Library are rescinded for a net increase of $17,125,000.

                         Human Support Services


                         (Including Rescission)

       For an additional amount for ``Human support services'', 
     [$32,461,000] $38,961,000: Provided, That $4,657,000 of this 
     appropriation, to remain available until expended, shall be 
     available solely for District of Columbia employees' 
     disability compensation: Provided further,  That of the funds 
     appropriated under this heading for the fiscal year ending 
     September 30, 1994 in the District of Columbia Appropriations 
     Act, 1994, approved October 29, 1993 (Public Law 103-127; 107 
     Stat. 1340), $831,000 are rescinded for a net increase of 
     [$31,630,000] $38,130,000.

                              Public Works


                              (Rescission)

       Of the funds appropriated under this heading for the fiscal 
     year ending September 30, 1994 in the District of Columbia 
     Appropriations Act, 1994, approved October 29, 1993 (Public 
     Law 103-127; 107 Stat. 1340), [$9,092,000] $6,592,000 are 
     rescinded.

                   Washington Convention Center Fund


                              (Rescission)

       Of the funds appropriated under this heading for the fiscal 
     year ending September 30, 1994 in the District of Columbia 
     Appropriations Act, 1994, approved October 29, 1993 (Public 
     Law 103-127, 107 Stat. 1340), $338,000 are rescinded.

                    Repayment of Loans and Interest


                              (Rescission)

       Of the funds appropriated under this heading for the fiscal 
     year ending September 30, 1994 in the District of Columbia 
     Appropriations Act, 1994, approved October 29, 1993 (Public 
     Law 103-127; 107 Stat. 1340 and 1341), $15,161,000 are 
     rescinded.

                Repayment of General Fund Recovery Debt

       For an additional amount for ``Repayment of General Fund 
     Recovery Debt'', $312,000.

                      Optical and Dental Benefits


                              (Rescission)

       Of the funds appropriated under this heading for the fiscal 
     year ending September 30, 1994 in the District of Columbia 
     Appropriations Act, 1994, approved October 29, 1993 (Public 
     Law 103-127; 107 Stat. 1341), $11,000 are rescinded.

                             Severance Pay

       For an additional amount for ``Severance pay'', $6,000,000.

                 D.C. General Hospital Deficit Payment


                              (Rescission)

       Of the funds appropriated under this heading for the fiscal 
     year ending September 30, 1994 in the District of Columbia 
     Appropriations Act, 1994, approved October 29, 1993 (Public 
     Law 103-127; 107 Stat. 1341), $5,500,000 are rescinded.

                           Cash Reserve Fund


                              (Rescission)

       Of the funds appropriated under this heading for the fiscal 
     year ending September 30, 1994 in the District of Columbia 
     Appropriations Act, 1994, approved October 29, 1993 (Public 
     Law 103-127; 107 Stat. 1341), $3,957,000 are rescinded.

                          Short-Term Borrowing

       For ``Short-term borrowing'', $3,500,000.

                    Water and Sewer Enterprise Fund


                              (Rescission)

       Of the funds appropriated under this heading for the fiscal 
     year ending September 30, 1994 in the District of Columbia 
     Appropriations Act, 1994, approved October 29, 1993 (Public 
     Law 103-127; 107 Stat. 1343), $9,411,000 are rescinded: 
     Provided, That $37,436,000 of the amounts available for 
     fiscal year 1994 shall be apportioned and payable to the debt 
     service fund for repayment of loans and interest incurred for 
     capital improvement projects instead of $40,438,000 as 
     provided under this heading in the District of Columbia 
     Appropriations Act, 1994, approved October 29, 1993 (Public 
     Law 103-127; 107 Stat. 1343).

              Lottery and Charitable Games Enterprise Fund

       For an additional amount for ``Lottery and Charitable Games 
     Enterprise Fund'', $1,235,000.

                    Cable Television Enterprise Fund

       The paragraph under the heading ``Cable Television 
     Enterprise Fund'' in the District of Columbia Appropriations 
     Act, 1994, approved October 29, 1993, is amended by inserting 
     after the figure ``$2,353,000'' the following: ``of which 
     $140,000 shall be transferred to the General Fund of the 
     District of Columbia.''.

                             Starplex Fund

       The paragraph under the heading ``Starplex Fund'' in the 
     District of Columbia Appropriations Act, 1994, approved 
     October 29, 1993, is amended by inserting after the phrase 
     ``Television'' the following: ``and an additional $1,400,000 
     shall be transferred to the General Fund of the District of 
     Columbia.''.

                           General Provisions

       Sec. 201. Notwithstanding any other provision of law, 
     appropriations made and authority granted pursuant to this 
     title shall be deemed to be available for the fiscal year 
     ending September 30, 1994.
       This title may be cited as the ``District of Columbia 
     Supplemental Appropriations and Rescissions Act, 1994''.

  Mr. KOHL. Mr. President, I am pleased today to have the opportunity 
to present the D.C. appropriations bill for fiscal year 1995 to the 
Senate.
  The committee is recommending a bill that freezes the appropriated 
Federal funds for the city in fiscal year 1995 at the 1994 level. That 
includes the Federal payment of $647,930,000, which is $22 million 
below the President's request. It is also $20 million below the House-
passed level and our subcommittee allocation. This reduction in revenue 
for the city requires the reduction in the D.C. budget of $25.7 
million.
  We have given the Mayor flexibility in where to make the reductions 
but note in our report that the reduction can be made up by eliminating 
652 full-time equivalent positions from D.C.'s 45,000-plus people on 
the payroll.
  Mr. President, many governments at all levels, including the Federal 
Government, are reducing total staffing. The District government has 
made some effort in this direction. But we believe that it can, and 
that it should, increase its efforts to reduce government staffing.
  It must be understood that this recommendation is not an attack on 
home rule. Freezing the Federal payment to reach the D.C. payment is 
exactly as we are treating all other Federal discretionary spending. 
When appropriated funds are declining, equal treatment means equal 
scrutiny and equal austerity.
  Our recommendation provides that certain agencies that are crucial to 
the public safety, health, and education, as well as revenue-raising 
agencies, be exempt from these reductions.
  Mr. President, the committee is also recommending that the D.C. 
School of Law be eliminated. We have left money in the budget to make 
sure that some D.C. students at the school can be supported at other 
local law schools.
  So in closing, Mr. President, I want to thank the chairman of the 
Appropriations Committee, Senator Byrd, for his insight and assistance 
in reporting this bill out of the committee, and also to Senator 
Hatfield for his support and his guidance through the full committee.
  I also want to thank each of the subcommittee members, Senator 
Feinstein, Senator Murray, and Senator Mack for their support and 
suggestions during our hearings and markup.
  Finally, of course, my ranking member, Senator Burns, has not only 
shown an interest in this bill but he has offered many suggestions that 
have helped make this a better bill. He has worked as hard as anyone 
else to get this bill to the floor. The Senate owes him a debt of 
thanks.
  That concludes my formal presentation, Mr. President. I would be 
happy to field any questions or any amendments, but most certainly to 
yield the floor to my ranking member, Senator Burns.
  Mr. BURNS addressed the Chair.
  The PRESIDING OFFICER. The Senator from Montana.
  Mr. BURNS. Mr. President, I thank my chairman.
  Mr. President, this is not an easy appropriations as it works its way 
through the Appropriation Committee on through the process. We 
understand that this city has very distinct problems that maybe other 
municipalities do not have. When you start looking at budgets you look 
at it from the standpoint of my previous life, which was in county 
government. So I appreciate the work that Chairman Kohl has done on 
this, his good staff, and of course the Appropriations Committee.
  This bill contains $700 million as the Federal payment to the 
District and approves the expenditure of almost $3.6 billion from 
locally raised revenues. This Federal payment reflects a freeze at the 
1994 level of $700 million, and it is $22 million below the level 
requested by the administration and $20 million below the House-
approved level.
  The GAO has stated that the District's budget submission is based on 
inaccurate and unrealistic figures and that the District will be $200 
million to $300 million short of money needed to operate next year. 
While the proposal to cut $20 million from the Federal payment helps 
rein in spending, I am not sure the loss in revenue will attack the 
root of the problem .
  I prefer the action taken by the House to cut spending by $150 
million and our action to cut $75 million in District spending. That is 
the problem here in the District, they spend too much money.
  Nevertheless, I look forward to this bill moving forward in the 
process, and I look forward to working with the chairman and the other 
body in conference.
  Mr. President, the $700 million in Federal payment contained in this 
bill represents only part of the Federal Government's contribution to 
this city.
  We have a responsibility to our constituents to protect the integrity 
of these and other Federal investments by exercising our constitutional 
right in overseeing the District of Columbia.
  It says a house well furnished will be unstable without an adequate 
foundation upon which to sit. Looking at today and down the road, the 
Capital City is indeed resting on a cracking foundation.
  Not only does the District government have too many employees to pay, 
it was clear in our hearings this year that they actually cost more by 
entangling the District bureaucracy.
  When Congress has provided increases in funding in the past for the 
District, most recently in 1991, to the tune of $100 million, promises 
that have been made to the Congress and the District taxpayers have 
gone unmet. Because more money has clearly not solved the problem, I 
believe less money might be the solution.
  The bill also retains the House-passed prohibition on implementing 
the D.C. Domestic Partnership Act. This provision was passed here in 
the form of a Lott amendment last year, and it is continued in this 
act.
  The committee also has included the Hyde language on federally funded 
abortions. All in all, I think it is a good bill, with significant 
cuts, and it deserves the Senate's support.
  Again, I want to thank my chairman for his work on this and for the 
cooperation and kindness he has shown on our side of the aisle. I ask 
at this time anyone who wants to present amendments on this bill to 
come forward. We would like to wrap this bill up as quickly as possible 
tonight, if at all possible.
  I yield the floor.
  Mr. KOHL. Mr. President, I ask unanimous consent that the committee 
amendments be agreed to, en bloc, except for the amendment on page 34, 
line 16 and 17; and that the bill as thus amended be regarded for the 
purposes of further amendment as original text, provided that no points 
of order shall have been considered to have been waived if the request 
is agreed to.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Mr. SASSER. Mr. President, the Senate Budget Committee has examined 
H.R. 4649. the District of Columbia appropriations bill and has found 
that the Bill is under its 602(b) budget authority allocation by $20 
million and under its 602(b) outlay allocation by $20 million.
  I compliment the distinguished manager of the bill, Senator Kohl, and 
the distinguished ranking member of the District of Columbia 
subcommittee, Senator Burns on all of their hard work.
  Mr. President, I have a table prepared by the Budget Committee which 
shows the official scoring of the legislative branch appropriations 
bill and I ask unanimous consent that it be inserted in the Record at 
the appropriate point.
  There being no objection, the table was ordered to be printed in the 
Record, as follows:

 SENATE BUDGET COMMITTEE SCORING OF H.R. 4649; FISCAL YEAR 1995 DISTRICT
            OF COLUMBIA APPROPRIATIONS--SENATE REPORTED BILL            
                        [In millions of dollars]                        
------------------------------------------------------------------------
                     Bill summary                         BA     Outlays
------------------------------------------------------------------------
Discretionary totals:                                       700      700
    New Spending in bill..............................      700      700
    Outlays from prior years appropriations...........  .......        2
    Permanent/advance appropriations..................        0        0
    Supplementals.....................................        0        0
                                                       -----------------
       Subtotal, discretionary spending...............      700      702
                                                       =================
Mandatory total.......................................        0        0
Bill total............................................      700      702
Senate 602(b) allocation..............................      720      722
                                                       -----------------
      Difference......................................      -20      -22
Discretionary totals above (+) or below (-):                            
    President's request...............................      -22      -22
    House-passed bill.................................      -20      -20
    Senate-reported bill..............................  .......  .......
    Senate-passed bill................................  .......  .......
    Defense...........................................        0        0
    International Affairs.............................        0        0
    Domestic Discretionary............................      700      702
------------------------------------------------------------------------

  Mr. KOHL. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. KOHL. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. KOHL. Mr. President, I ask unanimous consent that the committee 
amendments be set aside to consider three cleared amendments.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 2327

 (Purpose: To reduce District of Columbia government employment by the 
   same percentage as the reduction in Federal Government employment 
      mandated by the Federal Workforce Restructuring Act of 1994)


                           Amendment No. 2328

   (Purpose: To require the District of Columbia to provide that the 
lights at parks and playgrounds equipped with lights be lit at a level 
   sufficient to deter crime from the time beginning one hour before 
                  sunset until one hour after sunrise)


                           Amendment No. 2329

  Mr. KOHL. Mr. President, I now send three amendments to the desk and 
ask that they be considered en bloc.
  The PRESIDING OFFICER. The clerk will report the amendments.
  The bill clerk read as follows:

       The Senator from Wisconsin [Mr. Kohl] proposes amendments 
     numbered 2327, 2328, and 2329, en bloc.

  Mr. KOHL. Mr. President, I ask unanimous consent that the reading of 
the amendments be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments are as follows:
       At the appropriate place in the bill, insert the following:
       Sec.   . (a) Limitations on Full-Time Equivalent 
     Positions.--
       (1) Purpose.--The purpose of this section is to reduce the 
     employment level of the District of Columbia government by an 
     amount proportional to the reduction of 252,000 Federal 
     employees proposed by the Vice President's Reinventing 
     Government Initiative.
       (2) Reduction.--The total number of full-time equivalent 
     positions financed from District of Columbia appropriated 
     funds shall not exceed--
       (1) 34,875 during fiscal year 1995;
       (2) 34,163 during fiscal year 1996;
       (3) 33,451 during fiscal year 1997;
       (4) 32,739 during fiscal year 1998; and
       (5) 32,028 during fiscal year 1999.
       (b) Monitoring and Notification.--The Mayor of the District 
     of Columbia shall--
       (1) regularly monitor the total number of full-time 
     equivalent positions financed from District of Columbia 
     appropriated funds and make a determination on the first date 
     of each quarter of each applicable fiscal year of whether the 
     requirements under subsection (a) are met; and
       (2) notify the appropriate committees of the Congress on 
     the first date of each quarter of each applicable fiscal year 
     of the determinations made under paragraph (1).
                                  ____



                           AMENDMENT NO. 2328

       On page 10, line 16, before the period insert ``: Provided 
     further, That the District of Columbia shall provide that the 
     lights at parks and playgrounds equipped with lights be lit 
     at a level sufficient to deter crime from the time beginning 
     one hour before sunset until one hour after sunrise''.
                                  ____



                           AMENDMENT NO. 2329

       At the appropriate place, insert the following:


               loans to modernize the washington aqueduct

       To the extent subsequently authorized, for loans to 
     jurisdictions served by the Washington Aqueduct, such amount 
     of direct loan authority in any of fiscal years 1995 through 
     2004 as may be necessary to modernize that aqueduct: 
     Provided, That the Secretary of the Treasury sets terms and 
     conditions on those loans that will result in an estimated 
     cost to the government of zero.


                Modernization of the Washington Aqueduct

       To the extent subsequently authorized, the Corps of 
     Engineers may receive payments in any of fiscal years 1995 
     through 2004 from jurisdictions served by the Washington 
     aqueduct in amounts necessary to fund its modernization and 
     amounts so received are appropriated for that purpose, to 
     remain available until expended.

  Mr. KOHL. Mr. President, by way of explanation these are 
noncontroversial amendments from Senators Warner, Gramm, and Murkowski.
  Mr. BURNS. There is no objection from our side.
  Mr. WARNER. Mr. President, I rise to offer an amendment that 
complements an amendment I offered to S. 2019, the Safe Drinking Water 
Act Amendments of 1994, which has passed the Senate to resolve the 
long-term financial constraints facing the Washington aqueduct.
  I am grateful that Chairman Kohl and Senator Burns, the ranking 
member of the subcommittee, have favorably reviewed this amendment. The 
subcommittee has carefully examined the aqueduct's financing 
limitations and I am pleased that they are willing to assist in 
correcting this problem.
  As many of my colleagues are now aware because of the recent news 
reports on the water quality problems plaguing this system, the 
Washington aqueduct is that public water system for the Metropolitan 
Washington area.
  While the Washington aqueduct provides a local service to the 
District of Columbia and northern Virginia jurisdictions, this system 
is owned by the Federal Government. Since 1853, all activities relating 
to the maintenance and operation of the system are administered by the 
U.S. Army Corps of Engineers.
  The Federal ownership of the aqueduct makes this situation unique 
from other public or investor-owned water systems.
  Mr. President, for 3 days beginning on December 8, 1993, this region 
was nearly crippled by the Environmental Protection Agency's order to 
boil tap water prior to consumption. Area residents were fearful that 
their water supply was contaminated. It was an enormous undertaking for 
local governments to notify everyone of this potentially life-
threatening situation, particularly non-English-speaking residents.
  In reports conducted by the Environmental Protection Agency and 
independent authorities, it has been concluded that equipment failure 
followed by human error in responding to the situation affected the 
results of the water quality testing. While we are thankful that the 
water was not contaminated by the suspected parasite, cryptosporidium, 
it was a loud wake-up call for the region.
  In discussions with the affected local Virginia jurisdictions of 
Arlington and Falls Church, the Corps of Engineers and the 
Environmental Protection Agency following the December situation, I 
learned that extensive capital improvements of the system are critical 
to ensuring that metropolitan Washington area residents have safe 
drinking water.
  While fees collected from the system's users are deposited into the 
District of Columbia Water and Sewer Enterprise Fund and provide the 
resources necessary to cover the system's annual operating costs, there 
are no means available to the corps to finance expensive capital 
improvements. The enterprise fund receives approximately $6 million per 
year directly from the sale of water to citizens in the affected 
jurisdictions of Virginia. Revenue from this fund, however, is used for 
the annual operations and maintenance of the system. Any capital 
improvements must also be financed by the fund and must be paid for in 
advance of the work. The inability of the corps to provide long-term 
financing for capital projects will cause the water users to be subject 
to extremely higher water bills in the coming years.
  The amendment I offered to S. 2019, the Safe Drinking Water Act and 
today on the District of Columbia appropriations bill will address this 
problem by granting the corps access to money from the Federal 
Financing Bank to underwrite the cost of these improvements to the 
Washington aqueduct. The Federal Financing Bank has become the vehicle 
through which many Federal agencies finance programs involving 
construction projects.
  Unlike municipal water system, the Corps of Engineer has no access to 
borrowing to finance needed capital projects for this system. Other 
publicly or privately owned facilities are able to issue bonds or 
borrow from other sources in order to amortize the capital improvement 
costs over the useful life of the project. This normal means of 
financing is not available to the corps. As such, area residents are 
faced with two unacceptable options: Possibly unsafe drinking water or 
exorbitant water rates. Customers which rely on the Washington aqueduct 
system for safe, reliable drinking water must be provided the same 
amortization options available to other public and private utilities. 
My amendment will provide that equity.
  Mr. President, I want to also be very clear that this amendment does 
not modify any of the provisions of my earlier amendment concerning the 
responsibilities of the local water users. The customers of the 
Washington aqueduct will bear all of the costs of these improvements 
through higher water rates that will be used to repay the loans from 
the Federal Financing Bank over a reasonable period of time.
  Again, I thank my colleagues and the staff of the subcommittee for 
working to resolve this problem in a manner that serves the needs of 
this region.
  The PRESIDING OFFICER. If there is no further debate, the question is 
on agreeing to the amendments en bloc.
  The amendments (Nos. 2327, 2328, and 2329) were agreed to en bloc.
  Mr. KOHL. Mr. President, I move to reconsider the vote by which the 
amendments were agreed to en bloc.
  Mr. BURNS. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. KOHL. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. BURNS. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 2330

              (Purpose: To amend Title I; Rainy Day Fund)

  Mr. BURNS. Mr. President, I send an amendment to the desk for Senator 
McConnell of Kentucky and ask for its immediate consideration.
  The PRESIDING OFFICER. Without objection, the committee amendment is 
set aside. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Montana [Mr. Burns], for Mr. McConnell, 
     proposes an amendment numbered 2330.

  Mr. BURNS. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       At the appropriate place in the bill, insert the following: 
     ``The District of Columbia shall report to the Congress how 
     monies provided under this fund are expended and a full 
     accounting shall be made to Congress by March 15, 1995.''
  Mr. BURNS. Mr. President, I think this has been cleared by both 
sides. It merely asks the District to make an accounting to Congress, a 
full accounting, of the moneys expended from the fund called the Rainy 
Day Fund. That is discretionary funds put in there and used at the 
discretion of the mayor of this city. That accounting should be made.
  I thank the Senator from Kentucky for his amendment. I thank my 
chairman for accepting it.
  Mr. KOHL. We have no objection.
  The PRESIDING OFFICER. If there be no further debate, the question is 
on agreeing to the amendment.
  The amendment (No. 2330) was agreed to.
  Mr. BURNS. Mr. President, I move to reconsider the vote.
  Mr. KOHL. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. BYRD. Mr. President, I congratulate my colleagues, Mr. Kohl, 
chairman of the District of Columbia Subcommittee, and Mr. Burns, 
ranking member, on the deft and expeditious handling of the District of 
Columbia appropriation bill. They have constructed the bill to be below 
their 602(b) allocation. Both Senators Kohl and Burns are to be 
commended for their hard work on this legislation. Their expertise 
enabled them to work within the constraints they faced and still get 
the bill to the full committee 1 day after passage by the House.
  I urge my colleagues to support this bill.
  The PRESIDING OFFICER. If there be no further amendment to be 
proposed, the question is on agreeing to the committee amendment on 
page 34.
  The amendment was agreed to.
  The PRESIDING OFFICER. The question is on the engrossment of the 
committee amendment and third reading of the bill.
  The amendment was ordered to be engrossed, and the bill to be read a 
third time.
  The bill was read a third time.
  Mr. KOHL. Mr. President, I ask unanimous consent that the vote on 
passage of H.R. 4649, the District of Columbia appropriations bill, 
occur at 9:30 a.m., Thursday, July 21; that upon disposition of the 
bill, the Senate insist on its amendments, request a conference with 
the House on the disagreeing votes of the two Houses, and that the 
Chair be authorized to appoint conferees; with the above occurring 
without intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. KOHL. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. KOHL. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Wofford). Without objection, it is so 
ordered.

                          ____________________