[Congressional Record Volume 140, Number 106 (Thursday, August 4, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 4, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                       CONFERENCE REPORT ON 4649

  Mr. DIXON submitted the following conference report and statement on 
the 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:

                  Conference Report (H. Rept. 103-671)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendments of the Senate to the 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,'' having met, after full and free conference, have 
     agreed to recommend and do recommend to their respective 
     Houses as follows:
       That the Senate recede from its amendments numbered 2, 4, 
     5, 8, 9, 17, 19, and 22.
       That the House recede from its disagreement to the 
     amendments of the Senate numbered 10, 13, 14, 24, 25, and 26; 
     and agree to the same.
       Amendment numbered 1:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 1, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert 
     $660,000,000; and the Senate agree to the same.
       Amendment numbered 7:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 7, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert 
     $13,632,000; and the Senate agree to the same.
       Amendment numbered 16:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 16, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert 
     $140,000,000; and the Senate agree to the same.
       The committee of conference report in disagreement 
     amendments numbered 3, 6, 11, 12, 15, 18, 20, 21, and 23.
     Julian C. Dixon,
     Louis Stokes,
     Richard J. Durbin,
     Marcy Kaptur,
     David E. Skaggs,
     Nancy Pelosi,
     David R. Obey,
     James T. Walsh,
     Ernest J. Istook, Jr.,
     Henry Bonilla,
     Joseph M. McDade,
                                Managers on the Part of the House.

     Herb Kohl,
     Patty Murray,
     Dianne Feinstein,
     Robert C. Byrd,
     Conrad Burns,
     Connie Mack,
     Mark O. Hatfield,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendments of the Senate to the 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, submit the 
     following joint statement of the House and the Senate in 
     explanation of the effect of the actions agreed upon by the 
     managers and recommended in the accompanying conference 
     report.

                    Cooperation of Mayor and Council

       The District government faces many tough choices ahead and 
     it is imperative that the task be taken up immediately. The 
     Mayor has promptly submitted a plan that estimates savings 
     that meet part of the mandated reductions. The City Council 
     has now received the necessary legislation and it too has 
     immediately scheduled hearings. We urge the Mayor and the 
     City Council to continue to work cooperatively together. 
     Delays will serve only to make savings more difficult to 
     realize.
       All available avenues for savings need to be objectively 
     explored, including buyouts, reorganizations and 
     consolidations, using realistic and practical criteria, 
     elimination of entire programs, early settlement of lawsuits, 
     elimination of most sole-source contracting, and similar cost 
     saving measures. Both the Mayor and members of the City 
     Council also may find the National Performance Review now 
     being used by the Federal Government to be useful in devising 
     ways to make necessary savings.

                                TITLE I

                    FISCAL YEAR 1995 APPROPRIATIONS

              Federal Payment to the District of Columbia

       Amendment No. 1: Appropriates $660,000,000 instead of 
     $667,930,000 as proposed by the House and $647,930,000 as 
     proposed by the Senate.

                        Public Education System

       Amendment No. 2: Appropriates $720,258,000 as proposed by 
     the House instead of $715,330,000 as proposed by the Senate. 
     The conference action reflects a net increase of $4,928,000 
     above the Senate recommendation to restore funds for the 
     operation of the D.C. School of Law.
       Amendment No. 3: Reported in technical disagreement. The 
     managers on the part of the House will offer a motion to 
     recede and concur in the amendment of the Senate with an 
     amendment as follows:
       In lieu of the matter proposed in said amendment, insert: , 
     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.) and $910,000 
     shall be available for the National Learning Center, Options 
     School ($750,000) and Model Early Learning Center ($160,000),
       The managers on the part of the Senate will move to concur 
     in the amendment of the House to the amendment of the Senate.
       The conference action allocates $1,500,000 of the public 
     schools appropriation as proposed by the Senate for 
     additional support to title I (chapter I) of the Elementary 
     and Secondary Education Act.
       National Learning Center.--The conferees have also included 
     language in the bill which delineates the amounts contained 
     in the Board of Education's budget for the Options School 
     ($750,000) for junior high students likely to drop out of 
     school, and the Model Early Learning Center ($160,000), which 
     was named one of the ten best preschools in the United 
     States.
       These programs are both located at the National Learning 
     Center and are the types of innovative and effective programs 
     that educators and lay persons alike seek to create in 
     abundance. The president of the Center has told the conferees 
     that the ``Staff of both schools are extraordinary. Enabling 
     students to overcome trauma and to take charge of their lives 
     is truly work for saints, which our teachers are.''
       The District's Superintendent of Schools has written that 
     ``We have come to rely on Options School to turn around some 
     of our most challenging students. Eighty-five percent of 
     Options School graduates attend school regularly after a 
     single year in the Options Program. These results are 
     phenomenal for a one-year program.'' In addition the Model 
     Early Learning Center and its teachers are used by the 
     District's public school system to train teachers from pre-K 
     through third grade.
       The conferees note that the Options School has not had an 
     increase in program costs since the 1992/1993 school year, 
     and then only to allow for summer operations. The amount 
     allocated by the Board and Superintendent for the Model Early 
     Learning Center for school year 1994/1995 represents a 
     reduction of $20,000 below the previous school year.
       The conferees ask the District's Board of Education as well 
     as the Superintendent to give great weight to the 
     accomplishments of the two schools in considering an increase 
     of $70,000 above the amount allocated for the 1993/1994 
     school year for the combined programs at the National 
     Learning Center. The cost pressure of providing quality 
     programs at these two schools has been no less than those in 
     the District's public school system and the Center's schools 
     are no less deserving of an increase for operating and salary 
     expenses than other public school operations.
       Amendment No. 4: Restores allocation of $5,567,000 for the 
     District of Columbia School of Law proposed by the House and 
     stricken by the Senate and deletes allocation of $639,000 for 
     the D.C. Law Student Clinical Program/Tuition Assistance 
     Program.
       The conferees have restored funds for the D.C. School of 
     Law. However, the conferees note that the Mayor has proposed 
     that the law school be closed and believe that this decision 
     should be debated and finally resolved at the local level. 
     Closing of the law school has been proposed by mayors in the 
     past, but the conferees do not believe that it has been 
     seriously and objectively considered by the Council.
       The conferees recognize the accomplishments and reasons 
     cited for the city government to sponsor a public school of 
     law. It is argued that the law school is unique in that it 
     trains lawyers in the practice of public interest law. 
     Students at the D.C. School of Law are required to take 
     clinical courses which provide legal assistance to the poor. 
     The conferees note that while the law school may be one of 
     only a few schools that offer this type of education 
     exclusively, most other law schools offer clinical courses. 
     In fact the March 21, 1994 issue of U.S. News and World 
     Report on the ``Best Graduate Schools'' reporting on the best 
     law schools asked faculty experts which law schools were tops 
     in various legal specialities, including clinical training. 
     These experts listed five schools as providing the best in 
     clinical training. Two of the schools are in the District of 
     Columbia (Georgetown University and American University), one 
     is in Maryland (University of Maryland at Baltimore), and two 
     are in New York (New York University and CUNY Queens 
     College). In short, all of these schools are on the East 
     Coast and, but for tuition costs, within physical reach of 
     D.C. students. The argument that the City of Washington must 
     support a public law school because another school in D.C. 
     for this type of education does not exist is spurious.
       Perhaps the most important reason, in addition to the level 
     of the annual subsidy for operations, is the further 
     investment that will be required to achieve full 
     accreditation from the American Bar Association (ABA). The 
     city government is at the precipice of this decision. Delay 
     in fully considering the short- and long-term issues 
     presented will make it even more difficult to close the 
     school in the future, if necessary. Perhaps the case is made 
     best by the law school's own representation as presented in 
     the D.C. Council's Committee on Education and Libraries 
     report dated March 11, 1994 to members of the Council:
       ``The Law School stated in written response to Committee 
     questions that: `In order for the Law School to acquire full 
     accreditation, it must; (1) add basic materials to the law 
     library collection which will cost $750,000; (2) maintain the 
     then-updated collection by purchasing updates and new 
     materials on an annual basis; (3) increase faculty salaries 
     by at least 25 percent; (4) increase the number of staff 
     supporting administrative, student services, and library 
     functions; and (5) acquire and operate out of a permanent 
     facility of at least 125,000 square feet'.''
       The Council Committee's report later states: ``According to 
     the Law school, a lease-purchase approach to acquiring a 
     permanent facility would `add approximately $1.25 million 
     annually to the Law School's current operating budget for 
     (the next thirty years.' A `modest balloon payment at the end 
     of the thirty year period' would also have to be made.'' That 
     means a commitment of approximately $40 million over the next 
     30 years in operating costs in addition to the subsidy.
       The Council Committee's report also states that ``ABA 
     standards require a minimal expenditure of $1.0 million for 
     the law library.'' Given just these two items--annual law 
     library expenditures of $1 million and annual lease-purchase 
     costs of $1.25 million--the D.C. government could provide 
     full tuition at an average school of law in the District for 
     155 D.C.-resident students, slightly more than the estimated 
     number of District residents enrolled at the D.C. School of 
     Law as reflected in the fiscal year 1995 budget.
       In addition, the conferees are aware of current D.C. law 
     that authorizes grants to clinical law school programs at law 
     schools in the District of Columbia (D.C. Code, Title 31, 
     Chapter 19, Section 1901 et. seq.) and are informed that the 
     city has awarded a total of $60,000 to the program in fiscal 
     year 1994 for the various law schools located in the 
     District.
       The Dean of the D.C. School of Law has stated that the law 
     school is not a very good symbol of what is wrong with the 
     city. He is correct, of course, but his statement does not go 
     far enough. As described above, it is not the most efficient 
     or effective way of providing a legal education to those in 
     the city who want a legal education. It is also said that the 
     D.C. School of Law accepts students who could not qualify for 
     one of the other law schools in the city. The conferees 
     believe that the best way to ensure that a legal education is 
     available to all D.C. citizens who are so inclined is not to 
     sponsor a public school of law but to ensure that every 
     youngster attends elementary and secondary schools and 
     receives an education that qualifies them academically for 
     any undergraduate or graduate school in the Nation. It is to 
     that principle that the conferees, and indeed probably every 
     U.S. citizen, is committed. The argument that the City of 
     Washington, D.C. must train public service lawyers or there 
     will be a serious void in the legal profession is 
     demonstrably wrong.

                         Human Support Services

       Amendment No. 5: Deletes proviso proposed by the Senate 
     that would have required the District government to turn on 
     lights at parks and playgrounds from one hour before sunset 
     to one hour after sunrise to deter crime. The conferees are 
     concerned about the level of lighting in many of the 
     District-operated parks and playgrounds. The conferees 
     encourage the city to work with neighborhood groups to ensure 
     adequate lighting in the city's parks and playgrounds to 
     deter crime.

                             Rainy Day Fund

       Amendment No. 6: Reported in technical disagreement. The 
     managers on the part of the House will offer a motion to 
     recede and concur in the amendment of the Senate with an 
     amendment as follows:
       In lieu of the matter proposed by said amendment, insert: : 
     Provided, That the District of Columbia shall provide to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate quarterly reports by the 15th day of the month 
     following the end of the quarter showing how monies provided 
     under this fund are expended with a final report providing a 
     full accounting of the fund due October 15, 1995 or not later 
     than 15 days after the last amount remaining in the fund is 
     disbursed.

                                 , and

     on page 13 line 9 of the House engrossed bill, H.R. 4649, 
     strike the period at the end of the line.
       The managers on the part of the Senate will move to concur 
     in the amendment of the House to the amendment of the Senate.
       The conference action requires the District government to 
     submit quarterly reports by the 15th day of the month 
     following the end of the quarter to the House and Senate 
     Committees on Appropriations showing how the appropriation of 
     $22,508,000 in the ``Rainy Day Fund'' is expended. The 
     conferees request a full accounting of the funds by October 
     15, 1995 or 15 days after the last amount remaining in the 
     fund is disbursed.

             Personal and Nonpersonal Services Adjustments

       Amendment No. 7: Requires reductions in appropriations and 
     expenditures of $13,632,000 instead of $5,702,000 as proposed 
     by the House and $20,774,000 as proposed by the Senate. The 
     increase of $7,930,000 above the House amount reflects the 
     adjustment required by the reduction in the Federal payment 
     of $7,930,000 below the House amount in amendment number 1.
       Amendment No. 8: Deletes proviso proposed by the Senate 
     which would have exempted 16 agencies under public safety, 
     health, and education as well as items under ``Financing and 
     other uses'', ``pay adjustments'' and ``enterprise funds'' 
     from the reductions required under this paragraph.

                    Water and Sewer Enterprise Fund

       Amendment No. 9: Deletes language proposed by the Senate 
     that would have provided loans from the Federal Treasury, to 
     the extent subsequently authorized, to jurisdictions served 
     by the Washington Aqueduct to modernize the Aqueduct. The 
     language also would have provided for the repayment of the 
     modernization loans over a 10-year period by the 
     jurisdictions served by the Aqueduct. The proposed language 
     was not acceptable to all of the jurisdictions.
       The conferees have agreed to language supported by the 
     Office of Management and Budget in a new section 142 which 
     requires the Secretary of the Army to conduct a study of the 
     Washington Aqueduct.

                           General Provisions


                 independent audit of retirement board

       Amendment No. 10: Delete phrase ``particularly with respect 
     to'' proposed by the House and stricken by the Senate and 
     inserts phrase ``including but not limited to'' proposed by 
     the Senate concerning the criteria that firms must meet to 
     qualify for consideration to perform an audit of the District 
     of Columbia Retirement Board.
       Amendment No. 11: Reported in technical disagreement. The 
     managers on the part of the House will offer a motion to 
     recede and concur in the amendment of the Senate which 
     deletes the phrase ``less than'' proposed by the House and 
     stricken by the Senate and inserts the phrase ``to exceed'' 
     proposed by the Senate concerning the amount to be spent for 
     an independent audit of the District of Columbia Retirement 
     Board.


                          financial reporting

       Amendment No. 12: Reported in technical disagreement. The 
     managers on the part of the House will offer a motion to 
     recede and concur in the amendment of the Senate with an 
     amendment as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert: forecast which shall be supported and 
     accompanied by cash forecasts for the general fund and each 
     of the District government's other funds other than the 
     capital projects fund and trust and agency funds;
       The managers on the part of the Senate will move to concur 
     in the amendment of the House to the amendment of the Senate.
       The conference action clarifies the consolidated cash 
     forecast reporting requirements by requiring the submission 
     of cash forecasts for the general fund and each of the 
     District government's other funds other than the capital 
     projects fund and trust and agency funds.
       Amendment Nos. 13 and 14: Technical amendments to replace a 
     period with a semicolon.
       Amendment No. 15: Reported in technical disagreement. The 
     managers on the part of the House will offer a motion to 
     recede and concur in the amendment of the Senate with an 
     amendment as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert:
     ; (5) Explanations 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; and
       (6) An aging of the outstanding receivables and payables, 
     with an explanation of how they are reflected in the forecast 
     of cash receipts and disbursements.
       (c) Reporting on Nonappropriated Funds.--Not later than the 
     date on which the Mayor issues the Comprehensive Annual 
     Financial Report of the District of Columbia for the fiscal 
     year ended September 30, 1994, the Mayor shall submit to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate, the Committee on the District of Columbia of 
     the House of Representatives, and the Committee on 
     Governmental Affairs of the Senate a report on all revenues 
     and expenditures of the general fund of the District that are 
     characterized as nonappropriated in the Comprehensive Annual 
     Financial Report. The report required by this subsection 
     shall include the following information for each category of 
     nonappropriated funds:
       (1) The source of revenues;
       (2) The object of the expenditures;
       (3) An aging of outstanding accounts receivable and 
     accounts payable;
       (4) The statutory or other legal authority under which such 
     category of funds may be expended without having been 
     appropriated as part of the District's annual budget and 
     appropriations process;
       (5) The date when such category of funds was first expended 
     on a nonappropriated basis;
       (6) The policy or rationale for why the revenues and 
     expenditures of such funds should not be part of the 
     District's annual budget and appropriations process; and
       (7) A reconciliation of the amounts reported under this 
     subsection with the amounts characterized as nonappropriated 
     in the Comprehensive Annual Financial Report
       The managers on the part of the Senate will move to concur 
     in the amendment of the House to the amendment of the Senate.
       The conference agreement adds two categories of information 
     to be included in the contents of the financial reports. The 
     first new category (item 5) requires an explanation of the 
     impact on meeting the budget, how the results may be 
     reflected in a supplemental budget request, and what other 
     policy decisions may be necessary to reduce expenditures in 
     other areas. The second new category (item 6) requires an 
     aging of outstanding accounts receivable and accounts 
     payable.
       Nonappropriated funds.--The conference agreement includes a 
     new subsection (c) that requires the District government to 
     submit reports on nonappropriated accounts. The District's 
     present budget procedures exclude from the budget submitted 
     to Congress certain revenues and expenditures which the 
     District characterizes as nonappropriated funds in its 
     Comprehensive Annual Financial Report. Some of the activities 
     that generate or are supported by such nonappropriated funds 
     appear to be similar to activities that generate or are 
     supported by appropriated funds. These activities include, 
     but are not limited to, food sales at the District's public 
     schools for children who do not qualify for free lunches, 
     sales of vital records such as birth certificates, rents from 
     District properties, sales of correctional institution 
     products such as license plates, recycling surcharge fees 
     billed to solid waste haulers, and sales of District 
     properties.
       For each activity that generates or is supported by 
     nonappropriated funds, subsection (c) of section 137 requires 
     District officials to report to the Congress the source, use 
     and amount of nonappropriated funds no later than the date on 
     which the Mayor issues the Comprehensive Annual Financial 
     Report for the fiscal year ending September 30, 1994. The 
     report is to include the statutory or other legal authority 
     which authorizes the District to expend each category of 
     funds without having been appropriated as part of the 
     District's annual budget and appropriations process. The 
     nonappropriated revenues and expenditures are to be reported 
     on both a cash and an accrual basis, and the District agency 
     responsible for administering each category of revenues and 
     expenditures is to be identified.
       The conferees are concerned that the exclusion of these 
     nonappropriated amounts from the budget and appropriations 
     process has contributed to inadequate fiscal control over the 
     District's finances. The conferees believe that the 
     District's budget should reflect all activities, including 
     those that generate or are supported by what the District 
     characterizes as nonappropriated funds. Although the District 
     categorizes certain activities and funds that generate 
     receipts and require expenditures as nonappropriated, those 
     receipts and expenditures relate to the District government's 
     operations and therefore are encompassed by sections 137 and 
     138 of this Act.


                          spending reductions

       Amendment No. 16: Reduces the District government's 
     appropriated budget by $140,000,000 instead of $150,000,000 
     as proposed by the House and $75,000,000 as proposed by the 
     Senate.
       Amendment No. 17: Deletes the word ``consolidated'' 
     proposed by the Senate.
       Amendment No. 18: Reported in technical disagreement. The 
     managers on the part of the House will offer a motion to 
     recede and concur in the amendment of the Senate with an 
     amendment as follows:
       Delete the matter inserted by said amendment, and
     on page 34, line 7 of the House engrossed bill, H.R. 4649, 
     after the word ``Mayor'' insert ``of the District of 
     Columbia'', andon page 34, line 14 of the House engrossed 
     bill, H.R. 4649, strike ``Flow Statements'' and insert in 
     lieu thereof ``Forecasts'', and
     on page 34, line 16 of the House engrossed bill, H.R. 4649, 
     strike all after ``include'' down through and including 
     ``the'' on line 18 and insert in lieu thereof ``revisions to 
     the forecasts reported in accordance with subsection (b) of 
     section 137 of this Act that incorporate the''

                                 , and

     on page 34, line 4 of the House engrossed bill, H.R. 4649, 
     strike ``Congress'' and insert in lieu thereof ``Committees 
     on Appropriations of the House of Representatives and the 
     Senate, the Committee on the District of Columbia of the 
     House of Represenatatives, and the Committee on Governmental 
     Affairs of the Senate''

                                 , and

     on page 34, line 11 of the House engrossed bill, H.R. 4649, 
     strike ``Congress'' and insert in lieu thereof ``Committees 
     on Appropriations of the House of Representatives and the 
     Senate, the Committee on the District of Columbia of the 
     House of Represenatatives, and the Committee on Governmental 
     Affairs of the Senate''
       The managers on the part of the Senate will move to concur 
     in the amendment of the House to the amendment of the Senate.
       The conference action makes technical clarifications 
     relative to reporting requirements under section 138.
       Amendment No. 19: Deletes language proposed by the Senate 
     concerning the submission of detailed cash flow statements. 
     These statements are covered under amendment number 20.
       Amendment No. 20: Reported in technical disagreement. The 
     managers on the part of the House will offer a motion to 
     recede and concur in the amendment of the Senate with an 
     amendment as follows:
       Restore the matter stricken by said amendment

                                 , and

     on page 35 of the House engrossed bill, H.R. 4649, strike all 
     after line 3 through and including line 24

                                 , and

     on page 36 of the House engrossed bill, H.R. 4649, strike 
     lines 1 through 8 and insert in lieu thereof the following:
       (b) Annual Limitation on Disbursements.--
         (1) Aggregate limitation.--The total disbursements and 
     net payables of the government of the District of Columbia 
     from the funds covered by paragraph (2) during fiscal year 
     1995 shall not exceed the total receipts collected by the 
     government and available for such funds during fiscal year 
     1995.
         (2) Individual fund limitations.--The disbursements and 
     net payables of the government of the District of Columbia 
     from the general fund and from each of the government's other 
     funds not covered by paragraph (3) during fiscal year 1995 
     shall not exceed the receipts collected by the government and 
     available for the general fund and for each such fund during 
     fiscal year 1995.
         (3) Capital projects, trust and agency funds 
     limitations.--The disbursements and net payables of the 
     government of the District of Columbia from each of the 
     government's capital projects, trust and agency funds during 
     fiscal year 1995 shall not exceed the total of the cash 
     available to each such fund at the beginning of fiscal year 
     1995 plus the receipts of each such fund during fiscal year 
     1995.
       (c) Enforcement.--
         (1) Placement in escrow of portion of annual federal 
     payment.--Upon receipt of the annual Federal payment for 
     fiscal year 1996 authorized by sections 502(a) or 503 of the 
     District of Columbia Self-Government and Governmental 
     Reorganization Act or made pursuant to any other provision of 
     law authorizing a Federal payment to the general fund of the 
     District of Columbia for fiscal year 1996, the Mayor of the 
     District of Columbia shall place in escrow--
       (A) 10 percent of the Federal payment, for purposes of 
     enforcement of subsection (a); and
       (B) an additional 10 percent of the Federal payment, for 
     purposes of enforcement of subsection (b)(1).
       (2) Availability of escrowed amounts.--No portion of the 
     funds placed in escrow under paragraph (1) of this subsection 
     shall be available for use by the government of the District 
     of Columbia until the mayor submits to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate, the Committee on the District of Columbia of the 
     House of Representatives, and the Committee on Governmental 
     Affairs of the Senate two reports, each certified by an 
     independent public accountant, on (A) the spending reductions 
     required by subsection (a) of this section, and (B) the 
     disbursements, net payables, and receipts covered by 
     paragraph (1) of subsection (b) of this section. In no event 
     shall the report required by this paragraph be submitted 
     later than the date on which the mayor issues the 
     Comprehensive Annual Financial Report of the District of 
     Columbia for the fiscal year ended September 30, 1995.
       (3) Amount of escrowed funds available.--Fifteen days after 
     submitting the reports required by paragraph (2), the funds 
     placed in escrow under paragraph (1) shall be available for 
     use by the government of the District of Columbia only if--
       (A) the Mayor pays to the Treasury of the United States the 
     sum of--
       (i) the amount (if any) by which the actual reduction 
     implemented under subsection (a) fails to achieve the 
     reduction made by paragraph (1) of such subsection; and
       (ii) the amount (if any) by which the disbursements and net 
     payables described in subsection (b)(1) exceed the receipts 
     described in such subsection; and
       (B) such payment is made by the Mayor within such fifteen-
     day period from the escrowed funds or, if such escrowed funds 
     are insufficient, from other funds available to the 
     government of the District.
       (d) Violation Reports.--Not later than the date on which 
     the Mayor issues the Comprehensive Annual Financial Report of 
     the District of Columbia for the fiscal year ended September 
     30, 1995, the Mayor, Deputy Mayor Financial Management, and 
     Controller shall jointly submit to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate, the committee on the District of Columbia of the 
     House of Representatives and the Committee on Governmental 
     Affairs of the Senate a separate report on each fund 
     described in paragraphs (2) and (3) of subsection (b) of this 
     section that violated the limitation applicable to the fund. 
     Each report shall contain, but not be limited to--
       (1) the amount of the violation;
       (2) an analysis of the difference between the budgeted and 
     actual disbursements, payables and receipts for fiscal year 
     1995;
       (3) an explanation of policies, events, or other factors 
     that caused or contributed to the violation;
       (4) actions taken or to be taken against government 
     officials or employees for causing or contributing to the 
     violation; and
       (5) actions taken or to be taken to prevent recurrence of 
     the violation in fiscal year 1996.
       (e) Definitions.--For purposes of this section--
       (1) the term ``net payables'' means the difference in the 
     amount of payables for a fund at the beginning of a fiscal 
     year and the amount of such payables for such fund at the end 
     of the fiscal year;
       (2) the term ``payables'' means accounts payables and 
     compensation payables; and
       (3) the terms ``disbursements'', ``accounts payables'', 
     ``compensation payables'', ``receipts'', ``capital projects 
     fund'', ``trust funds' and ``agency funds'' shall have the 
     same meaning as such terms had for purposes of the 
     Comprehensive Annual Financial Report of the District of 
     Columbia for the fiscal year ended September 30, 1993.
       The managers on the part of the Senate will move to concur 
     in the amendment of the House to the amendment of the Senate.
       The conference action replaces subsection (b) ``Annual 
     Limitation on Outlays'' and subsection (c) ``Enforcement'' 
     under section 138 concerning the spending reductions included 
     in the bill and adds a new subsection (d) ``Violation 
     Reports'' and subsection (e) ``Definitions''.
       Subsection (a) of section 138 reduces the District's 
     appropriated budget by $140,000,000 as discussed under 
     amendment number 16 and requires the District to submit a 
     report not later than 30 days after the date of enactment of 
     this Act setting forth a detailed plan for the implementation 
     of the reduction. Subsection (a) also requires the submission 
     of revised plans as well as cash forecasts and statements. 
     Subsection (b) limits disbursements and net payables to 
     receipts collected. Subsection (c) requires the escrowing of 
     20 percent of the fiscal year 1996 Federal payment to 
     encourage District officials to respond responsibly in making 
     the fiscal year 1995 spending reductions mandated in 
     subsection (a) and restricting the fiscal year 1995 
     disbursements and net accounts payable to receipts collected 
     in fiscal year 1995. The escrowed funds will not be available 
     for use by the District until fifteen days after two reports 
     are submitted to Congress by an independent public accountant 
     certifying that the reductions have been made and that 
     overspending did not occur. The Mayor is required to pay the 
     Treasury of the United States the amount by which the 
     reductions are not made and the amount by which overspending 
     occurs. The payments are to be made from the escrowed funds. 
     If the amounts owed by the District government exceed the 
     amount escrowed, the Mayor is required to pay the shortfall 
     within the fifteen day period from other funds available to 
     the District government.
       Subsection (d) requires the Mayor, the Deputy Mayor for 
     Financial Management and the Controller of the District of 
     Columbia to submit reports to the Congress for violations of 
     the limitations imposed under section 138. Subsection (e) 
     includes specific definitions of terms.
       Amendment No. 21: Reported in technical disagreement. The 
     managers on the part of the House will offer a motion to 
     recede and concur in the amendment of the Senate with an 
     amendment as follows:
       Restore the matter stricken by said amendment and delete 
     the matter inserted by said amendment

                                 , and

     on page 36 of the House engrossed bill, H.R. 4649, strike 
     lines 9 through 11.
       The managers on the part of the Senate will move to concur 
     in the amendment of the House to the amendment of the Senate.
       The conference action deletes subsection (d) of section 138 
     of the House-passed bill concerning the applicability of 
     section 138.
       Amendment No. 22: Deletes section 141 proposed by the 
     Senate which would have extended the authorization in Public 
     Law 101-590 for the renovation of the George Washington 
     University Medical Center for an additional five years. The 
     current authorization expires at the end of fiscal year 1995.
       The conference report (H. Rept. 103-303) on District of 
     Columbia Appropriations for fiscal year 1994 (Public Law 103-
     127), requested that the District develop a ``plan providing 
     for the financing of the capital rehabilitation and 
     revitalization of the medical infrastructure within'' the 
     city generally, with specific recommendations on the 
     authorized George Washington University Medical Center 
     project as part of the overall plan. The plan was to be 
     submitted by April 15, 1994. The report notes that 
     historically the Federal government has played a significant 
     role in financing the construction, renovation, and expansion 
     of medical care facilities in the District. The enactment of 
     Home Rule in 1973 changed the relationship between the 
     District and Federal governments. That change necessitates a 
     review of the funding mechanism for District hospitals' 
     capital projects, therefore resulting in the conference 
     committee's request for a plan.
       On May 18, 1994 the Preliminary Health Facilities Plan was 
     submitted by the District government. The transmittal letter 
     notes that ``The Plan is the product of the first phase of a 
     development process which includes an assessment of the 
     future capital expenditure needs of the 17 local hospitals * 
     * *. It is estimated that the development of a comprehensive 
     health facilities plan * * * requires at least 24 months.'' 
     The conferees understand that this is an important matter 
     that requires the District to consider all aspects and 
     alternatives for financing future capital needs because of 
     the long-term implications of such a plan and the current 
     state of District government finances. In addition the 
     current debate over health care reform makes financial 
     considerations uncertain. Therefore, the conferees have no 
     objection to the need to take two years to prepare a health 
     facilities plan for the Nation's Capital and will await its 
     submission by October 18, 1995.
       The conferees, however, are concerned about the recent 
     submission of information by the Director of the Department 
     of Human Services received on August 3, 1994, in which the 
     time frame and tasks to be completed list items in years one 
     through three. This appears to contemplate a longer period 
     than started in the Mayor's May 18, 1994 letter. The 
     conferees expect the District to adhere to the Mayor's 
     original schedule.
       In its response to the conferee's original request the 
     District government has embarked on an ambitious, and 
     necessary, project to develop a database on information 
     relating to hospital operations as well as capital needs in 
     the District of Columbia. This project should not lose sight 
     of the conferees primary concern that the District submit 
     proposed legislation, either to the Council, the Congress, or 
     both, that addresses the current lack of a funding mechanism 
     for District hospital capital projects.
       The conferees expect that the appropriate authorizing 
     committees will hold hearings on the current and future 
     capital needs of hospitals and health facilities with a view 
     toward developing legislation necessary to permit the 
     District government to discharge this responsibility to its 
     citizens.
       Amendment No. 23: Reported in technical disagreement. The 
     managers on the part of the House will offer a motion to 
     recede and concur in the amendment of the Senate with an 
     amendment as follows:
       In lieu of matter proposed in said amendment, insert:


              LIMITATION ON FULL-TIME EQUIVALENT POSITIONS

       Sec. 141. (a) Reduction.--The total number of full-time 
     equivalent positions financed from District of Columbia 
     appropriated funds shall not exceed 33,588.
       (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 the fiscal year of whether the 
     requirements under subsection (a) are met; and
       (2) notify the Committees on Appropriations of the House of 
     Representatives and the Senate, the Committee on the District 
     of Columbia of the House of Representatives and the Committee 
     on Governmental Affairs of the Senate on the first day of 
     each quarter of the fiscal year of the determinations made 
     under paragraph (1).
       Sec. 142. (a) In General.--The Secretary of the Army, 
     acting through the Chief of Engineers, shall conduct a study 
     of the Washington Aqueduct. The study shall be conducted in 
     consultation with the Environmental Protection Agency, the 
     Office of Management and Budget, and the non-Federal public 
     water supply customers of the Washington Aqueduct.
       (b) Study Contents.--The study required by subsection (a) 
     shall include analyses of--
       (1) the current condition of the Washington Aqueduct;
       (2) the operation and maintenance activities and capital 
     improvements required at the Washington Aqueduct facility to 
     ensure the availability of an uninterruptible supply of 
     potable drinking water sufficient to meet the current and 
     future needs of the District of Columbia and its environs;
       (3) alternative methods of financing such operation and 
     maintenance activities and capital improvements; and
       (4) alternative arrangements for ownership of the 
     Washington Aqueduct facility, including the operation of 
     establishing a non-Federal regional water authority and 
     transferring ownership and operating responsibility from the 
     Department of the Army to such regional authority or to 
     another appropriate non-Federal entity.
       (c) Report.--Not later than February 1, 1995, the Secretary 
     of the Army, acting through the Chief of Engineers, shall 
     submit to the Congress a report setting forth the findings of 
     the study required by subsection (a) and any recommendations 
     as a result of the findings. The report shall include a 
     recommendation on the advisability of establishing a non-
     Federal regional water authority and transferring ownership 
     of and operating responsibility for the Washington Aqueduct 
     facility from the Department of the Army to such regional 
     authority.
       (d) Definition.--For purposes of this section, the term 
     ``non-Federal public water supply customers of the Washington 
     Aqueduct'' means the District of Columbia, Arlington County, 
     Virginia, and the City of Falls Church, Virginia.


          annual board of education report and budget revision

       Sec. 143. (a) Annual Report on Positions and Employees.--
     Hereafter, the Board of Education of the District of Columbia 
     shall annually compile an accurate and verifiable report on 
     the positions and employees in the public school system of 
     the District. The first such annual report shall be verified 
     by independent auditors.
       (b) Required Contents of Annual Report.--The annual report 
     required by subsection (a) shall set forth--
       (1) the number of validated schedule A positions in the 
     public school system of the District of Columbia for the 
     following fiscal year on a full-time equivalent basis, 
     including a compilation of all positions by control center, 
     responsibility center, funding source, position type, 
     position title, pay plan, grade, and annual salary; and
       (2) a compilation of all employees in the public school 
     system of the District of Columbia as of the preceding 
     December 31, verified as to its accuracy in accordance with 
     the functions that each employee is actually performing, by 
     control center, responsibility center, agency reporting code, 
     program (including funding source), activity, location for 
     accounting purposes, job title, grade and classification, 
     annual salary, and position control number.
       (c) Submission of Annual Report.--
       (1) First report.--The first annual report required by 
     subsection (a) shall include the information required by 
     subsection (b)(1) for each of the fiscal years 1993, 1994, 
     and 1995, and shall be submitted to the Congress, and to the 
     Mayor and Council of the District of Columbia, by not later 
     than October 1, 1994.
       (2) Subsequent reports.--Except as provided in paragraph 
     (1), the annual report required by subsection (a) shall be 
     submitted to the Congress, and to the Mayor and Council of 
     the District of Columbia, by not later than April 15 of each 
     year.
       (d) Annual Budget Revision.--
       (1) In general.--Not later than October 1, 1994 and each 
     succeeding year or within 15 calendar days after the date of 
     the enactment of the District of Columbia Appropriations Act 
     for the fiscal year beginning on such October 1 (whichever 
     occurs first), the Board of Education of the District of 
     Columbia shall submit to the Congress, and to the Mayor and 
     Council of the District, a revised appropriated funds 
     operating budget for the public school system of the District 
     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.
       (2) Required format.--The revised budget required by 
     paragraph (1) shall be submitted in the format of the budget 
     that the Board of Education of the District of Columbia 
     submits to the Mayor of the District for inclusion in the 
     Mayor's budget submission to the Council of the District 
     pursuant to section 442 of the District of Columbia Self-
     Government and Governmental Reorganization Act (Public Law 
     93-198; D.C. Code, sec. 47-301).
       The managers on the part of the Senate will move to concur 
     in the amendment of the House to the amendment of the Senate.
       The conference action includes language under section 141 
     that requires the reduction of 2,000 full-time equivalent 
     positions in fiscal year 1995 instead of 3,559 over five 
     years as proposed by the Senate.
       The Mayor has proposed incentive retirement programs that 
     the District expects will attract the participation of 2,500 
     employees. The conferees support the Mayor in this effort and 
     believe this will permit the District government to achieve 
     the reduction required by the conference agreement without 
     undue dislocation of any city employee or any reduction in 
     the quality of services.
       The conference action includes language under section 142 
     directing the Secretary of the Army, acting through the Chief 
     of Engineers, to conduct a study in consultation with the 
     Environmental Protection Agency, the Office of Management and 
     Budget, and the non-Federal public water supply customers of 
     the Washington Aqueduct to analyze the long-term capital 
     improvements and operation and maintenance requirements of 
     the Washington Aqueduct facility, as well as alternative 
     methods of financing capital improvements, alternative 
     facility ownership arrangements, and such other analyses as 
     may be necessary to ensure the availability of an adequate, 
     uninterruptible supply of potable drinking water from the 
     Washington Aqueduct to meet the current and future needs of 
     the District of Columbia, Arlington County, and the City of 
     Falls Church. A report on the results of the study shall be 
     submitted to the appropriate congressional committees no 
     later than February 1, 1995.
       The conference action includes language under section 143 
     concerning the D.C. Board of Education. The conferees note 
     with concern that the Schedule A's submitted on behalf of the 
     Board of Education this year fail to reflect the positions 
     actually existing in the public school system. The total 
     number of positions authorized has decreased by 1,247 between 
     fiscal year 1993 and fiscal year 1995, yet the numbers, 
     titles, and all other descriptors of every specific position 
     are completely unchanged over this three-year period, and add 
     up to 1,243 positions in excess of the authorized ceiling for 
     fiscal year 1995. In view of the effective failure to submit 
     the required schedules and of other indicators that the Board 
     of Education cannot or will not fully and accurately account 
     for the locations and functions of all of its positions and 
     actual employees, the conferees have included language in 
     section 143 requiring the Board of Education annually to 
     compile and submit accurate and verifiable inventories of 
     both positions and employees. The first report setting forth 
     the number of validated Schedule A positions for fiscal years 
     1993, 1994, and 1995 and the compilation of all employees in 
     the public school system as of December 31, 1993, is required 
     by October 1, 1994. The next report and each subsequent 
     report is due April 15 as part of the District government's 
     annual budget submission. In addition, the language requires 
     that the inventories in the first report be verified by 
     independent auditors.
       The conferees are equally concerned that every year for the 
     past several years the Board of Education has oversight its 
     appropriation for personal services by millions of dollars 
     while underspending its appropriation for other-than-
     personal-services by an equal amount. The chronic recurrence 
     of such an imbalance suggests that the Board of Education 
     habitually submits budgets to the Congress that the Board 
     knows to be unrealistic and that the Board intends to 
     disregard. Section 143, therefore, requires the Board of 
     Education annually to realign its budget before the beginning 
     of the fiscal year accurately to reflect anticipated actual 
     expenditures. This annual budget revision is to follow in 
     full the format used by the Board of Education during budget 
     appropriation proceedings of the Mayor and the Council of the 
     District of Columbia.

                                TITLE II

                     FISCAL YEAR 1994 SUPPLEMENTAL

                       DISTRICT OF COLUMBIA FUNDS

                         Human Support Services


                         (including rescission)

       Amendment Nos. 24 and 25: Appropriate $38,961,000 for a net 
     increase of $38,130,000 as proposed by the Senate instead of 
     $32,461,000 for a net increase of $31,630,000 as proposed by 
     the House. The increase of $6,500,000 above the House was 
     requested by the Mayor and Council Chairman in a letter dated 
     June 15, 1994 to meet court orders for the foster care 
     program and for youth services.

                              Public Works


                              (rescission)

       Amendment No. 26: Rescinds $6,592,000 as proposed by the 
     Senate instead of $9,092,000 as proposed by the House. The 
     reduction of $2,500,000 below the House was requested by the 
     Mayor and Council Chairman in a letter dated June 15, 1994 to 
     partially restore the reduction made by District officials in 
     the Metrobus subsidy.

                   Conference Total--With Comparisons

       The total new budget (obligational) authority for the 
     fiscal year 1995 recommended by the Conference, with 
     comparisons to the fiscal year 1994 amount, the 1995 budget 
     estimates, and the House and Senate bills for 1995 follow:

                             federal funds

New budget (obligational) authority, fiscal year 1994......$700,000,000
Budget estimates of new (obligational) authority fiscal year722,000,000
House bill, fiscal year 1995................................720,000,000
Senate bill, fiscal year 1995...............................700,000,000
Conference agreement, fiscal year 1995......................712,070,000
Conference agreement compared with:
  New budget (obligational) authority, fiscal year 1994.....+12,070,000
  Budget estimates of new (obligational) authority, fiscal ye-9,930,000
  House bill, fiscal year 1995...............................-7,930,000
  Senate bill, fiscal year 1995..............................12,070,000

                       district of columbia funds

New budget (obligational) authority, fiscal year 1994....$3,740,382,000
Budget estimates of new (obligational) authority fiscal ye3,690,438,635
House bill, fiscal year 1995..............................3,534,736,635
Senate bill, fiscal year 1995.............................3,589,736,635
Conference agreement, fiscal year 1995....................3,536,806,635
conference agreement compared with:....................................
  New budget (obligational) authority, fiscal year 1994....-203,575,365
  Budget estimates of new (obligational) authority, fiscal -153,632,000
  House bill, fiscal year 1995...............................+2,070,000
  Senate bill, fiscal year 1995.............................-52,930,000

     Julian C. Dixon,
     Louis Stokes,
     Richard J. Durbin,
     Marcy Kaptur,
     David E. Skaggs,
     Nancy Pelosi,
     David R. Obey,
     James T. Walsh,
     Ernest J. Istook, Jr.,
     Henry Bonilla,
     Joseph M. McDade,
                                Managers on the Part of the House.
     Herb Kohl,
     Patty Murray,
     Dianne Feinstein,
     Robert C. Byrd,
     Conrad Burns,
     Connie Mack,
     Mark O. Hatfield,
     Managers on the Part of the Senate.

                          ____________________