[House Report 105-315]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    105-315
_______________________________________________________________________


 
PROVIDING FOR THE CONSIDERATION OF H.R. 2607, THE DISTRICT OF COLUMBIA 
                       APPROPRIATIONS BILL, 1998

                                _______
                                

  October 8, 1997.--Referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________


    Mr. Dreier, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 264]

    The Committee on Rules, having had under consideration 
House Resolution 264, by a non-record vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

               brief summary of provisions of resolution

    The resolution provides for the consideration of H.R. 2607, 
the ``District of Columbia Appropriations Bill, 1998'' under a 
modified closed rule. The rule provides one hour of general 
debate divided equally between the chairman and ranking 
minority member of the Committee on Appropriations.
    The rule waives all points of order against consideration 
of the bill. The rule provides that the amendment printed in 
part 1 of this report shall be considered as adopted.
    The rule waives points of order against provisions in the 
bill, as amended, for failure to comply with clause 2 
(prohibiting unauthorized appropriations and legislative 
provisions in an appropriations bill) and clause 6 (prohibiting 
reappropriations in an appropriations bill) of rule XXI.
    The rule provides for consideration of only those 
amendments printed in part 2 of this report, which may only be 
offered by the member designated in the report, shall be 
considered as read, shall be debatable for the time specified 
and shall not be subject to amendment except as specified in 
this report, and shall not be subject to a demand for a 
division of the question. The rule waives all points of order 
against amendments printed in this report.
    The rule also allows the chairman of the Committee of the 
Whole to postpone recorded votes and to reduce to five minutes 
the voting time on any postponed question, provided voting time 
on the first in any series of questions is not less than 15 
minutes.
    Finally, the rule provides for one motion to recommit, with 
or without instructions.

  summary of amendments made in order by the rule for h.r. 2607--the 
             district of columbia appropriations bill, 1998

         (Listed in the order they will appear in this report)

Part I (Amendment considered as adopted)

    1. Taylor/Moran: Clarifies certain legislative provisions 
relating primarily to the independence of the Inspector General 
and Chief Financial Officer and their functions; reductions-in-
force procedures for the District government; and long term 
borrowings.

Part II

    1. Sabo--10 minutes: Strikes the waiver of Davis-Bacon for 
school construction and repair.
    2. Moran--90 minutes: Substitute. Senate version plus 
retains the increased federal funding for police officer and 
firefighter pay raises.

                                 PART I

    Amendment considered as adopted by the rule:
  Page 16, line 16, strike ``for teachers of the District of 
Columbia Public Schools'' and insert the following: ``for 
principals and assistant principals of the District of Columbia 
Public Schools, and for teachers of the Schools''.
  Page 48, line 6, insert after ``authority'' the following: 
``(other than a personnel authority of an agency which is 
subject to a management reform plan under subtitle B of title 
XI of the Balanced Budget Act of 1997)''.
  Page 50, line 12, strike ``The Mayor'' and insert ``With 
respect to agencies which are not subject to a management 
reform plan under subtitle B of title XI of the Balanced Budget 
Act of 1997, the Mayor''.
  Page 50, line 23, strike the closing quotation mark and the 
second period.
  Page 50, add after line 23 the following:
  ``(m) In the case of an agency which is subject to a 
management reform plan under subtitle B of title XI of the 
Balanced Budget Act of 1997, the authority provided by this 
section shall be exercised to carry out the agency's management 
reform plan, and this section shall otherwise be implemented 
solely in a manner consistent with such plan.''.
  Page 56, strike line 21 and all that follows through page 57, 
line 10 and insert the following:
  (c) Prohibiting Use of Non-Appropriated Funds by Certain 
Entities.--
          (1) In general.--Notwithstanding any other provision 
        of law, the District of Columbia Financial 
        Responsibility and Management Assistance Authority and 
        the District of Columbia Water and Sewer Authority may 
        not obligate or expend any funds during fiscal year 
        1998 or any succeeding fiscal year without approval by 
        Act of Congress.
          (2) Report on expenditures by financial 
        responsibility and management assistance authority.--
        Not later than November 15, 1997, the District of 
        Columbia Financial Responsibility and Management 
        Assistance Authority shall submit a report to the 
        Committees on Appropriations of the House of 
        Representatives and the Senate, the Committee on 
        Government Reform and Oversight of the House, and the 
        Committee on Governmental Affairs of the Senate 
        providing an itemized accounting of all non-
        appropriated funds obligated or expended by the 
        Authority at any time prior to October 1, 1997. The 
        report shall include information on the date, amount, 
        purpose, and vendor name, and a description of the 
        services or goods provided with respect to the 
        expenditures of such funds.
  Page 57, strike lines 22 through 25.
  Page 59, line 19, strike ``The District'' and insert ``During 
a control year, the District''.
  Page 61, strike line 15 and all that follows through page 62, 
line 2 (and redesignate the succeeding subsections 
accordingly).
  Page 62, strike lines 3 through 14 (and redesignate the 
succeeding subsections accordingly).
  Page 64, beginning line 2, strike ``subparagraphs'' and 
insert ``subparagraph''.
  Page 64, strike lines 4 through 25 and insert the following:
                  ``(C) Consultation with congress.--The 
                Authority or the Mayor (whichever is 
                applicable) may not remove the Chief Financial 
                Officer under this paragraph unless the 
                Authority or the Mayor (as the case may be) has 
                consulted with Congress prior to the removal. 
                Such consultation shall include at a minimum 
                the submission of a written statement to the 
                Committees on Appropriations of the Senate and 
                the House of Representatives, the Committee on 
                Government Reform and Oversight of the House of 
                Representatives, and the Committee on 
                Governmental Affairs of the Senate, explaining 
                the factual circumstances involved.''.
  Page 65, strike lines 1 through 12.
  Page 67, beginning line 20, strike section 143 and insert the 
following:

     budgets of departments or agencies subject to court-appointed 
                             administrator

  Sec. 143. If a department or agency of the government of the 
District of Columbia is under the administration of a court-
appointed receiver or other court-appointed official during 
fiscal year 1998 or any succeeding fiscal year, the receiver or 
official shall prepare and submit to the Mayor, for inclusion 
in the annual budget of the District of Columbia for the year, 
annual estimates of the expenditures and appropriations 
necessary for the maintenance and operation of the department 
or agency. All such estimates shall be forwarded by the Mayor 
to the Council, for its action pursuant to sections 446 and 
603(c) of the District of Columbia Home Rule Act, without 
revision but subject to the Mayor's recommendations. 
Notwithstanding any provision of the District of Columbia Home 
Rule Act, the Council may comment or make recommendations 
concerning such annual estimates but shall have no authority 
under such Act to revise such estimates.
  Page 71, line 6, strike ``pay raise for'' and insert 
``premium pay for certain''.
  Page 71, strike line 23 through page 72, line 13 and insert 
the following:
  Sec. 149. (a) In General.--The Council of the District of 
Columbia shall have no authority to enact any act, resolution, 
or rule during a fiscal year which increases the amount of 
payment which may be for any individual under the Temporary 
Assistance for Needy Families Program to an amount greater than 
the amount provided under such program under the District of 
Columbia Public Assistance Act of 1982, as in effect on the day 
after the effective date of the Public Assistance Temporary 
Amendment Act of 1997.
  (b) Effective Date.--Subsection shall apply with respect to 
fiscal year 1998 and each succeeding fiscal year.
  Page 72, line 23, strike ``property'' and insert ``commercial 
property''.
  Page 72, line 24, strike ``past due,'' and insert ``past due 
in an aggregate amount equal to or greater than $3,000,''.
  Page 72, line 25, strike ``60'' and insert ``120''.
  Page 73, line 4, strike ``imposed for the collection of 
amounts owed to the Authority'' and insert ``described in 
subsection (a)''.
  Page 73, strike line 8 and all that follows through page 74, 
line 9 and insert the following:

               deemed approval of contracts by authority

  Sec. 152. Section 203(b) of the District of Columbia 
Financial Responsibility and Management Assistance Act of 1995 
(D.C. Code, sec. 47-392.3(b)), as amended by section 5203(d) of 
the Omnibus Consolidated Appropriations Act, 1997 (Public Law 
104-208; 110 Stat. 3009-1456), is amended--
  Page 74, strike lines 14 through 24 and insert the following:
          ``(5) Deemed approval.--
                  ``(A) In general.--If the Authority does not 
                notify the Mayor (or the appropriate officer or 
                agent of the District government) that it has 
                determined that a contract or lease submitted 
                under this subsection is consistent with the 
                financial plan and budget or is not consistent 
                with the financial plan and budget during the 
                30-day period (or, if the Authority meets the 
                requirements of subparagraph (B), such 
                alternative period as the Authority may elect, 
                not to exceed 60 days) which begins on the 
                first day after the Authority receives the 
                contract or lease, the Authority shall be 
                deemed to have determined that the contract or 
                lease is consistent with the financial plan and 
                budget.
                  ``(B) Election of longer period by 
                authority.--The Authority meets the 
                requirements of this subparagraph if, prior to 
                the expiration of the 30-day period described 
                in subparagraph (A), the Authority provides a 
                notice to the Mayor (or the appropriate officer 
                or agent of the District government) and 
                Congress which describes the period elected by 
                the Authority, together with an explanation of 
                the Authority's decision to elect an 
                alternative period.''.
  Page 75, strike line 24 through page 76, line 2 and insert 
the following:
          (1) A qualified vendor, in accordance with Office of 
        Management and Budget standards, shall update the 
        District of Columbia government's financial management 
        system in use as of October 1, 1996.
  Page 79, strike line 25 and all that follows through page 80, 
line 9 (and redesignate the succeeding subsection accordingly).
  Page 80, line 14, strike ``subparagraphs'' and insert 
``subparagraph''.
  Page 80, strike line 15 and all that follows through page 81, 
line 8 and insert the following:
  ``(G) The Authority or the Mayor (whichever is applicable) 
may not remove the Inspector General under this paragraph 
unless the Authority or the Mayor (as the case may be) has 
consulted with Congress prior to the removal. Such consultation 
shall include at a minimum the submission of a written 
statement to the Committees on Appropriations of the Senate and 
the House of Representatives, the Committee on Government 
Reform and Oversight of the House of Representatives, and the 
Committee on Governmental Affairs of the Senate, explaining the 
factual circumstances involved.''.
  Page 82, line 12, strike ``during fiscal year 1998 or any 
succeeding fiscal year'' and insert ``after the expiration of 
the 45-day period which begins on the date of the enactment of 
this Act''.
  Page 103, strike line 1 and all that follows through page 
104, line 9 and insert the following:

                       restrictions on borrowing

  Sec. 158. (a) Prohibiting Use of Borrowing to Finance or 
Refund Accumulated General Fund Deficit.--None of the funds 
made available in this Act or in any other Act may be used by 
the District of Columbia (including the District of Columbia 
Financial Responsibility and Management Assistance Authority) 
at any time before, on, or after the date of the enactment of 
this Act to obtain borrowing to finance or refund the 
accumulated general fund deficit of the District of Columbia 
existing as of September 30, 1997.
  Page 104, beginning line 10, strike subsection (b) and insert 
the following:
  (b) Restrictions on Use of Funds for Debt Restructuring.--
None of the funds made available in this Act or in any other 
Act may be used by the District of Columbia (including the 
District of Columbia Financial Responsibility and Management 
Assistance Authority) during fiscal year 1998 or any succeeding 
fiscal year to obtain borrowing (including borrowing through 
the issuance of any bonds, notes, or other obligations) to 
repay any other borrowing of funds or issuance of bonds, notes, 
or other obligations unless--
          (1) the aggregate cost to the District of the new 
        borrowing or issuance does not exceed the aggregate 
        cost of the original borrowing or issuance; and
          (2) the date provided for the final repayment of the 
        new borrowing or issuance is not later than the date 
        provided for the final repayment of the original 
        borrowing or issuance.
  Page 105, strike lines 7 through 18 and insert the following:
  (c) Prohibiting Use of Funds for Private Bond Sales.--None of 
the funds made available in this Act or in any other Act may be 
used by the District of Columbia (including the District of 
Columbia Financial Responsibility and Management Assistance 
Authority) during fiscal year 1998 or any succeeding fiscal 
year to sell any bonds at a private sale.
  Page 105, add after line 23 the following new section (and 
redesignate the succeeding section accordingly):

 independence in contracting for chief financial officer and inspector 
                                general

  Sec. 160. (a) In General.--Notwithstanding any other 
provision of law, neither the Mayor of the District of Columbia 
or the District of Columbia Financial Responsibility and 
Management Assistance Authority may enter into any contract 
with respect to any authority or activity under the 
jurisdiction of the Chief Financial Officer or Inspector 
General of the District of Columbia without the consent and 
approval of the Chief Financial Officer or Inspector General 
(as the case may be).
  (b) Effect on Other Powers and Duties of Authority.--Nothing 
in this section may be construed--
          (1) to affect the ability of the District of Columbia 
        Financial Responsibility and Management Assistance 
        Authority to remove the Chief Financial Officer or 
        Inspector General of the District of Columbia from 
        office during a control year (as defined in section 
        305(4) of the District of Columbia Financial 
        Responsibility and Management Assistance Act of 1995); 
        or
          (2) to exempt any contracts entered into by the Chief 
        Financial Officer or Inspector General from review by 
        the Authority under section 203(b) of such Act.
  Page 112, insert after line 7 the following:
  (h) Repeal of Prior Notice Requirement for Federal Activities 
Affecting Real Property in District of Columbia.--Effective 
October 1, 1997, the Balanced Budget Act of 1997 (Public Law 
105-33) is amended by striking section 11715.
  Page 174, line 1, strike ``any requirements contained in the 
document'' and insert ``any statutory requirements referred to 
under the headings `Davis-Bacon Act' and `Copeland Act' in the 
document''.
  Page 177, line 3, strike ``as of January 31, 1998,'' and 
insert ``at its midyear meeting in February 1998,''.

                                PART II

    The amendments made in order by the rule are as follows:

1. An Amendment To Be Offered by Representative Sabo of Minnesota, or a 
                   Designee, Debatable for 10 Minutes

    Page 173, strike line 21 and all that follows through page 
174, line 9 (and redesignate the succeeding sections 
accordingly).
                              ----------                              


2. An Amendment To Be Offered by Representative Moran of Virginia, or a 
                   Designee, Debatable for 90 Minutes

  Strike all after the enacting clause and insert the 
following:
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, 1998, and for 
other purposes, namely:

                             FEDERAL FUNDS

                 Federal Payment for Management Reform

  For payment to the District of Columbia, as authorized by 
section 11103(c) of the National Capital Revitalization and 
Self-Government Improvement Act of 1997, Public Law 105-33, 
$8,000,000, to remain available until September 30, 1999, which 
shall be deposited into an escrow account of the District of 
Columbia Financial Responsibility and Management Assistance 
Authority, pursuant to section 205 of Public Law 104-8 (109 
Stat. 131), and shall be disbursed from such escrow account 
pursuant to the instructions of the Authority only for a 
program of management reform pursuant to sections 11101-11106 
of the District of Columbia Management Reform Act of 1997, 
Public Law 105-33.

     Federal Contribution to the Operations of the Nation's Capital

  For a Federal contribution to the District of Columbia toward 
the costs of the operation of the government of the District of 
Columbia, $190,000,000: Provided, That these funds may be used 
by the District of Columbia for the costs of advances to the 
District government as authorized by section 11402 of the 
National Capital Revitalization and Self-Government Improvement 
Act of 1997, Public Law 105-33: Provided further, That not less 
than $30,000,000 shall be used by the District of Columbia to 
repay the accumulated general fund deficit.

                     Metropolitan Police Department

  For the Metropolitan Police Department, $5,400,000, for a 5 
percent pay increase for sworn officers who perform primarily 
nonadministrative public safety services and are certified by 
the Chief of Police as having met the minimum ``Basic 
Certificate'' standards transmitted by the District of Columbia 
Financial Responsibility and Management Assistance Authority to 
Congress by letter dated May 19, 1997, or (if applicable) the 
minimum standards under any physical fitness and performance 
standards developed by the Department in consultation with the 
Authority.

             Fire and Emergency Medical Services Department

  For the Fire and Emergency Medical Services Department, 
$2,600,000, for a 5 percent pay increase for uniformed fire 
fighters.

    Federal Payment to the District of Columbia Corrections Trustee 
                               Operations

  For payment to the District of Columbia Corrections Trustee, 
$169,000,000 for the administration and operation of 
correctional facilities, as authorized by section 11202 of the 
National Capital Revitalization and Self-Government Improvement 
Act of 1997, Public Law 105-33.

  Federal Payment to the District of Columbia Corrections Trustee for 
            Correctional Facilities, Construction and Repair

  For payment to the District of Columbia Corrections Trustee 
for Correctional Facilities, $302,000,000, to remain available 
until expended, of which not less than $294,900,000 is 
available for transfer to the Federal Prison System, as 
authorized by section 11202 of the National Capital 
Revitalization and Self-Government Improvement Act of 1997, 
Public Law 105-33.

           Federal Payment to the District of Columbia Courts

  Notwithstanding any other provision of law, $116,000,000, for 
the Administrative Office of the United States Courts, to be 
available only for obligation by the Joint Committee on 
Judicial Administration in the District of Columbia for 
operation of the District of Columbia Courts, of which not to 
exceed $750,000 shall be available for establishment and 
operations of the District of Columbia Truth in Sentencing 
Commission as authorized by section 11211 of the National 
Capital Revitalization and Self-Government Improvement Act of 
1997, Public Law 105-33.
  Notwithstanding any other provision of law, for an additional 
amount, $30,000,000, for the Administrative Office of the 
United States Courts, to be available only for obligation by 
the Offender Supervision Trustee, for Pretrial Services, 
Defense Services, Parole, Adult Probation, and administrative 
operating costs of the Office of the Offender Supervision 
Trustee, of which not to exceed $800,000 shall be transferred 
to the United States Parole Commission to implement section 
11231 of the National Capital Revitalization and Self-
Government Improvement Act of 1997.

                       DISTRICT OF COLUMBIA FUNDS

                           OPERATING EXPENSES

                          Division of Expenses

  The following amounts are appropriated for the District of 
Columbia for the current fiscal year out of the general fund of 
the District of Columbia, except as otherwise specifically 
provided.

                   Governmental Direction and Support

  Governmental direction and support, $105,177,000 (including 
$84,316,000, from local funds, $14,013,000 from Federal funds, 
and $6,848,000 from other funds): Provided, That not to exceed 
$2,500 for the Mayor, $2,500 for the Chairman of the Council of 
the District of Columbia, and $2,500 for the City Administrator 
shall be available from this appropriation for official 
purposes: Provided further, That any program fees collected 
from the issuance of debt shall be available for the payment of 
expenses of the debt management program of the District of 
Columbia: Provided further, That no revenues from Federal 
sources shall be used to support the operations or activities 
of the Statehood Commission and Statehood Compact Commission: 
Provided further, That the District of Columbia shall identify 
the sources of funding for Admission to Statehood from its own 
locally-generated revenues: Provided further, That $240,000 
shall be available for citywide special elections: Provided 
further, That all employees permanently assigned to work in the 
Office of the Mayor shall be paid from funds allocated to the 
Office of the Mayor.

                  Economic Development and Regulation

  Economic development and regulation, $120,072,000 (including 
$40,377,000 from local funds, $42,065,000 from Federal funds, 
and $37,630,000 from other funds), together with $12,000,000 
collected in the form of BID tax revenue collected by the 
District of Columbia on behalf of business improvement 
districts pursuant to the Business Improvement Districts Act of 
1996, effective May 29, 1996 (D.C. Law 11-134; D.C. Code, sec. 
1-2271 et seq.), and the Business Improvement Districts 
Temporary Amendment Act of 1997 (Bill 12-230).

                       Public Safety and Justice

  Public safety and justice, including purchase or lease of 135 
passenger-carrying vehicles for replacement only, including 130 
for police-type use and five for fire-type use, without regard 
to the general purchase price limitation for the current fiscal 
year, $529,739,000 (including $510,326,000 from local funds, 
$13,519,000 from Federal funds, and $5,894,000 from other 
funds): Provided, That the Metropolitan Police Department is 
authorized to replace not to exceed 25 passenger-carrying 
vehicles and the Department of Fire and Emergency Medical 
Services of the District of Columbia is authorized to replace 
not to exceed five passenger-carrying vehicles annually 
whenever the cost of repair to any damaged vehicle exceeds 
three-fourths of the cost of the replacement: Provided further, 
That not to exceed $500,000 shall be available from this 
appropriation for the Chief of Police for the prevention and 
detection of crime: Provided further, That the Metropolitan 
Police Department shall provide quarterly reports to the 
Committees on Appropriations of the House and Senate on efforts 
to increase efficiency and improve the professionalism in the 
department: Provided further, That notwithstanding any other 
provision of law, or Mayor's Order 86-45, issued March 18, 
1986, the Metropolitan Police Department's delegated small 
purchase authority shall be $500,000: Provided further, That 
the District of Columbia government may not require the 
Metropolitan Police Department to submit to any other 
procurement review process, or to obtain the approval of or be 
restricted in any manner by any official or employee of the 
District of Columbia government, for purchases that do not 
exceed $500,000: Provided further, That the Mayor shall 
reimburse the District of Columbia National Guard for expenses 
incurred in connection with services that are performed in 
emergencies by the National Guard in a militia status and are 
requested by the Mayor, in amounts that shall be jointly 
determined and certified as due and payable for these services 
by the Mayor and the Commanding General of the District of 
Columbia National Guard: Provided further, That such sums as 
may be necessary for reimbursement to the District of Columbia 
National Guard under the preceding proviso shall be available 
from this appropriation, and the availability of the sums shall 
be deemed as constituting payment in advance for emergency 
services involved: Provided further, That the Metropolitan 
Police Department is authorized to maintain 3,800 sworn 
officers, with leave for a 50 officer attrition: Provided 
further, That no more than 15 members of the Metropolitan 
Police Department shall be detailed or assigned to the 
Executive Protection Unit, until the Chief of Police submits a 
recommendation to the Council for its review: Provided further, 
That $100,000 shall be available for inmates released on 
medical and geriatric parole: Provided further, That not less 
than $2,254,754 shall be available to support a pay raise for 
uniformed firefighters, when authorized by the District of 
Columbia Council and the District of Columbia Financial 
Responsibility and Management Assistance Authority, which 
funding will be made available as savings achieved through 
actions within the appropriated budget: Provided further, That, 
commencingon December 31, 1997, the Metropolitan Police 
Department shall provide to the Committees on Appropriations of the 
Senate and House of Representatives, the Committee on Government Reform 
and Oversight of the House of Representatives, the Committee on 
Governmental Affairs of the Senate, and quarterly reports on the status 
of crime reduction in each of the 83 police service areas established 
throughout the District of Columbia.

                        Public Education System

  Public education system, including the development of 
national defense education programs, $672,444,000 (including 
$530,197,000 from local funds, $112,806,000 from Federal funds, 
and $29,441,000 from other funds), to be allocated as follows: 
$564,129,000 (including $460,143,000 from local funds, 
$98,491,000 from Federal funds, and $5,495,000 from other 
funds), for the public schools of the District of Columbia; 
$1,235,000 from local funds for public charter schools: 
Provided, That if the entirety of this allocation has not been 
provided as payments to one or more public charter schools by 
May 1, 1998, and remains unallocated, the funds will revert to 
the general fund of the District of Columbia in accordance with 
section 2403(a)(2)(D) of the District of Columbia School Reform 
Act of 1995 (Public Law 104-134); $74,087,000 (including 
$37,791,000 from local funds, $12,804,000 from Federal funds, 
and $23,492,000 from other funds) for the University of the 
District of Columbia; $22,036,000 (including $20,424,000 from 
local funds, $1,158,000 from Federal funds, and $454,000 from 
other funds) for the Public Library; $2,057,000 (including 
$1,704,000 from local funds and $353,000 from Federal funds) 
for the Commission on the Arts and Humanities: Provided 
further, That the public schools of the District of Columbia 
are authorized to accept not to exceed 31 motor vehicles for 
exclusive use in the driver education program: Provided 
further, That not to exceed $2,500 for the Superintendent of 
Schools, $2,500 for the President of the University of the 
District of Columbia, and $2,000 for the Public Librarian shall 
be available from this appropriation for official purposes: 
Provided further, That not less than $1,200,000 shall be 
available for local school allotments in a restricted line 
item: Provided further, That not less than $4,500,000 shall be 
available to support kindergarten aides in a restricted line 
item: Provided further, That not less than $2,800,000 shall be 
available to support substitute teachers in a restricted line 
item: Provided further, That not less than $1,788,000 shall be 
available in a restricted line item for school counselors: 
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, 1998, a tuition rate schedule that will establish 
the tuition rate for nonresident students at a level no lower 
than the nonresident tuition rate charged at comparable public 
institutions of higher education in the metropolitan area.

                         Human Support Services

  Human support services, $1,718,939,000 (including 
$789,350,000 from local funds, $886,702,000 from Federal funds, 
and $42,887,000 from other funds): Provided, That $21,089,000 
of this appropriation, to remain available until expended, 
shall be available solely for District of Columbia employees' 
disability compensation: Provided further, That a peer review 
committee shall be established to review medical payments and 
the type of service received by a disability compensation 
claimant: Provided further, That the District of Columbia shall 
not provide free government services such as water, sewer, 
solid waste disposal or collection, utilities, maintenance, 
repairs, or similar services to any legally constituted private 
nonprofit organization (as defined in section 411(5) of Public 
Law 100-77, approved July 22, 1987) providing emergency shelter 
services in the District, if the District would not be 
qualified to receive reimbursement pursuant to the Stewart B. 
McKinney Homeless Assistance Act, approved July 22, 1987 (101 
Stat. 485; Public Law 100-77; 42 U.S.C. 11301 et seq.).

                              Public Works

  Public works, including rental of one passenger-carrying 
vehicle for use by the Mayor and three passenger-carrying 
vehicles for use by the Council of the District of Columbia and 
leasing of passenger-carrying vehicles $241,934,000 (including 
$227,983,000 from local funds, $3,350,000 from Federal funds, 
and $10,601,000 from other funds): Provided, That this 
appropriation shall not be available for collecting ashes or 
miscellaneous refuse from hotels and places of business: 
Provided further, That $3,000,000 shall be available for the 
lease financing, operation, and maintenance of two mechanical 
street sweepers, one flusher truck, five packer trucks, one 
front-end loader, and various public litter containers: 
Provided further, That $2,400,000 shall be available for 
recycling activities.

                        Financing and Other Uses

  Financing and other uses, $454,773,000 (including for payment 
to the Washington Convention Center, $5,400,000 from local 
funds; reimbursement to the United States of funds loaned in 
compliance with An Act to provide for the establishment of a 
modern, adequate, and efficient hospital center in the District 
of Columbia, approved August 7, 1946 (60 Stat. 896; Public Law 
79-648), section 1 of An Act to authorize the Commissioners of 
the District of Columbia to borrow funds for capital 
improvement programs and to amend provisions of law relating to 
Federal Government participation in meeting costs of 
maintaining the Nation's Capital City, approved June 6, 1958 
(72 Stat. 183; Public Law 85-451; D.C. Code, sec. 9-219), 
section 4 of An Act to authorize the Commissioners of the 
District of Columbia to plan, construct, operate, and maintain 
a sanitary sewer to connect the Dulles International Airport 
with the District of Columbia system, approved June 12, 1960 
(74 Stat. 211; Public Law 86-515), and sections 723 and 743(f) 
of the District of Columbia 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, 
$384,430,000 from local funds; for the purpose of eliminating 
the $331,589,000 general fund accumulated deficit as of 
September 30, 1990, $39,020,000 from local funds, 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)(1); for payment of interest on short-term borrowing, 
$12,000,000 from local funds; for lease payments in accordance with the 
Certificates of Participation involving the land site underlying the 
building located at One Judiciary Square, $7,923,000 from local funds; 
for human resources development, including costs of increased employee 
training, administrative reforms, and an executive compensation system, 
$6,000,000 from local funds); for equipment leases, the Mayor may 
finance $13,127,000 of equipment cost, plus cost of issuance not to 
exceed two percent of the par amount being financed on a lease purchase 
basis with a maturity not to exceed five years: Provided, That $75,000 
is allocated to the Department of Corrections, $8,000,000 for the 
Public Schools, $50,000 for the Public Library, $260,000 for the 
Department of Human Services, $244,000 for the Department of Recreation 
and Parks, and $4,498,000 for the Department of Public Works.

                            ENTERPRISE FUNDS

                       Enterprise and Other Uses

  Enterprises and other uses, $15,725,000 (including 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.), 
$2,467,000 (including $2,135,000 from local funds and $332,000 
from other funds); for the Public Service Commission, 
$4,547,000 (including $4,250,000 from local funds, $117,000 
from Federal funds, and $180,000 from other funds), for the 
Office of the People's Counsel, $2,428,000 from local funds; 
for the Office of Banking and Financial Institutions, $600,000 
(including $100,000 from local funds and $500,000 from other 
funds); for the Department of Insurance and Securities 
Regulation, $5,683,000 from other funds.

         Water and Sewer Authority and the Washington Aqueduct

  For the Water and Sewer Authority and the Washington 
Aqueduct, $297,310,000 from other funds (including $263,425,000 
for the Water and Sewer Authority and $33,885,000 for the 
Washington Aqueduct) of which $41,423,000 shall be apportioned 
and payable to the District's debt service fund for repayment 
of loans and interest incurred for capital improvement 
projects.

               Lottery and Charitable Games Control Board

  For the Lottery and Charitable Games Control Board, 
established by the District of Columbia Appropriation Act for 
the fiscal year ending September 30, 1982, approved December 4, 
1981 (95 Stat. 1174, 1175; Public Law 97-91), as amended, for 
the purpose of implementing the Law to Legalize Lotteries, 
Daily Numbers Games, and Bingo and Raffles for Charitable 
Purposes in the District of Columbia, effective March 10, 1981 
(D.C. Law 3-172; D.C. Code, secs. 2-2501 et seq. and 22-1516 et 
seq.), $213,500,000: Provided, That the District of Columbia 
shall identify the source of funding for this appropriation 
title from the District's own locally-generated revenues: 
Provided further, That no revenues from Federal sources shall 
be used to support the operations or activities of the Lottery 
and Charitable Games Control Board.

                             Starplex Fund

  For the Starplex Fund, $5,936,000 from other funds for 
expenses incurred by the Armory Board in the exercise of its 
powers granted by An Act To Establish A District of Columbia 
Armory Board, and for other purposes, approved June 4, 1948 (62 
Stat. 339; D.C. Code, sec. 2-301 et seq.) and the District of 
Columbia Stadium Act of 1957, approved September 7, 1957 (71 
Stat. 619; Public Law 85-300; D.C. Code, sec. 2-321 et seq.): 
Provided, That the Mayor shall submit a budget for the Armory 
Board for the forthcoming fiscal year as required by section 
442(b) of the District of Columbia Self-Government and 
Governmental Reorganization Act, approved December 24, 1973 (87 
Stat. 824; Public Law 93-198; D.C. Code, sec. 47-301(b)).

                         D.C. General Hospital

  For the District of Columbia General Hospital, established by 
Reorganization Order No. 57 of the Board of Commissioners, 
effective August 15, 1953, $97,019,000, of which $44,335,000 
shall be derived by transfer from the general fund and 
$52,684,000 shall be derived from other funds.

                         D.C. Retirement Board

  For the D.C. Retirement Board, established by section 121 of 
the District of Columbia Retirement Reform Act of 1979, 
approved November 17, 1979 (93 Stat. 866; D.C. Code, sec. 1-
711), $16,762,000 from the earnings of the applicable 
retirement funds to pay legal, management, investment, and 
other fees and administrative expenses of the District of 
Columbia Retirement Board: Provided, That the District of 
Columbia Retirement Board shall provide to the Congress and to 
the Council of the District of Columbia a quarterly report of 
the allocations of charges by fund and of expenditures of all 
funds: Provided further, That the District of Columbia 
Retirement Board shall provide the Mayor, for transmittal to 
the Council of the District of Columbia, an itemized accounting 
of the planned use of appropriated funds in time for each 
annual budget submission and the actual use of such funds in 
time for each annual audited financial report.

              Washington Convention Center Enterprise Fund

  For the Washington Convention Center Enterprise Fund, 
$46,400,000, of which $5,400,000 shall be derived by transfer 
from the general fund.

DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY AND MANAGEMENT ASSISTANCE 
                               AUTHORITY

  For the District of Columbia Financial Responsibility and 
Management Assistance Authority, established by section 101(a) 
of the District of Columbia Financial Responsibility and 
Management Assistance Act of 1995, approved April 17, 1995 (109 
Stat. 97; Public Law 104-8), $3,220,000.

                             CAPITAL OUTLAY

  For construction projects, $269,330,000 (including 
$31,100,000 for the highway trust fund, $105,485,000 from local 
funds, and $132,745,000 in Federal funds), to remain available 
until expended: Provided, That funds for use of each capital 
project implementing agency shall be managed and controlled in 
accordance with all procedures and limitations established 
under the Financial Management System: Provided further, That 
all funds provided by this appropriation title shall be 
available only for the specific projects and purposes intended: 
Provided further, That notwithstanding the foregoing, all 
authorizations for capital outlay projects, except those 
projects covered by the first sentence of section 23(a) of the 
Federal-Aid Highway Act of 1968, approved August 23, 1968 (82 
Stat. 827; Public Law 90-495; D.C. Code, sec. 7-134, note), for 
which funds are provided by this appropriation title, shall 
expire on September 30, 1999, except authorizations for 
projects as to which funds have been obligated in whole or in 
part prior to September 30, 1999: Provided further, That upon 
expiration of any such project authorization the funds provided 
herein for the project shall lapse.

                  DEFICIT REDUCTION AND REVITALIZATION

  For deficit reduction and revitalization, $201,090,000, to be 
deposited into an escrow account held by the District of 
Columbia Financial Responsibility and Management Assistance 
Authority (Authority), which shall allocate the funds to the 
Mayor, or such other District official as the Authority may 
deem appropriate, at such intervals and in accordance with such 
terms and conditions as the Authority considers appropriate: 
Provided, That these funds shall only be used for reduction of 
the accumulated general fund deficit; capital expenditures, 
including debt service; and management and productivity 
improvements, as allocated by the Authority: Provided further, 
That no funds may be obligated until a plan for their use is 
approved by the Authority: Provided further, That the Authority 
shall inform the Committees on Appropriations of the Senate and 
House of Representatives, the Committee on Governmental Affairs 
of the Senate, and the Committee on Government Reform and 
Oversight of the House of Representatives of the approved 
plans.

                           GENERAL PROVISIONS

  Section 101. The expenditure of any appropriation under this 
Act for any consulting service through procurement contract, 
pursuant to 5 U.S.C. 3109, shall be limited to those contracts 
where such expenditures are a matter of public record and 
available for public inspection, except where otherwise 
provided under existing law, or under existing Executive order 
issued pursuant to existing law.
  Sec. 102. Except as otherwise provided in this Act, all 
vouchers covering expenditures of appropriations contained in 
this Act shall be audited before payment by the designated 
certifying official and the vouchers as approved shall be paid 
by checks issued by the designated disbursing official.
  Sec. 103. Whenever in this Act, an amount is specified within 
an appropriation for particular purposes or objects of 
expenditure, such amount, unless otherwise specified, shall be 
considered as the maximum amount that may be expended for said 
purpose or object rather than an amount set apart exclusively 
therefor.
  Sec. 104. Appropriations in this Act shall be available, when 
authorized by the Mayor, for allowances for privately-owned 
automobiles and motorcycles used for the performance of 
official duties at rates established by the Mayor: Provided, 
That such rates shall not exceed the maximum prevailing rates 
for such vehicles as prescribed in the Federal Property 
Management Regulations 101-7 (Federal Travel Regulations).
  Sec. 105. Appropriations in this Act shall be available for 
expenses of travel and for the payment of dues of organizations 
concerned with the work of the District of Columbia government, 
when authorized by the Mayor: Provided, That 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. None of the funds appropriated in this Act shall be 
made available to pay the salary of any employee of the 
District of Columbia government whose name, title, grade, 
salary, past work experience, and salary history are not 
available for inspection by the House and Senate Committees on 
Appropriations, the Subcommittee on the District of Columbia of 
the House Committee on Government Reform and Oversight, the 
Subcommittee on Oversight of Government Management and the 
District of Columbia of the Senate Committee on Governmental 
Affairs, and the Council of the District of Columbia, or their 
duly authorized representative.
  Sec. 111. There are appropriated from the applicable funds of 
the District of Columbia such sums as may be necessary for 
making payments authorized by the District of Columbia Revenue 
Recovery Act of 1977, effective September 23, 1977 (D.C. Law 2-
20; D.C. Code, sec. 47-421 et seq.).
  Sec. 112. No part of this appropriation shall be used for 
publicity or propaganda purposes or implementation of any 
policy including boycott designed to support or defeat 
legislation pending before Congress or any State legislature.
  Sec. 113. At the start of the fiscal year, the Mayor shall 
develop an annual plan, by quarter and by project, for capital 
outlay borrowings: Provided, That within a reasonable time 
after the close of each quarter, the Mayor shall report to the 
Council of the District of Columbia and the Congress the actual 
borrowings and spending progress compared with projections.
  Sec. 114. The Mayor shall not borrow any funds for capital 
projects unless the Mayor has obtained prior approval from the 
Council of the District of Columbia, by resolution, identifying 
the projects and amounts to be financed with such borrowings.
  Sec. 115. The Mayor shall not expend any moneys borrowed for 
capital projects for the operating expenses of the District of 
Columbia government.
  Sec. 116. None of the funds appropriated by this Act may be 
obligated or expended by reprogramming except pursuant to 
advance approval of the reprogramming granted according to the 
procedure set forth in the Joint Explanatory Statement of the 
Committee of Conference (House Report No. 96-443), which 
accompanied the District of Columbia Appropriation Act, 1980, 
approved October 30, 1979 (93 Stat. 713; Public Law 96-93), as 
modified in House Report No. 98-265, and in accordance with the 
Reprogramming Policy Act of 1980, effective September 16, 1980 
(D.C. Law 3-100; D.C. Code, sec. 47-361 et seq.): Provided, 
That for the fiscal year ending September 30, 1998 the above 
shall apply except as modified by Public Law 104-8.
  Sec. 117. None of the Federal funds provided in this Act 
shall be obligated or expended to provide a personal cook, 
chauffeur, or other personal servants to any officer or 
employee of the District of Columbia.
  Sec. 118. None of the Federal funds provided in this Act 
shall be obligated or expended to procure passenger automobiles 
as defined in the Automobile Fuel Efficiency Act of 1980, 
approved October 10, 1980 (94 Stat. 1824; Public Law 96-425; 15 
U.S.C. 2001(2)), with an Environmental Protection Agency 
estimated miles per gallon average of less than 22 miles per 
gallon: Provided, That this section shall not apply to 
security, emergency rescue, or armored vehicles.
  Sec. 119. (a) Notwithstanding section 422(7) of the District 
of Columbia 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 1997 shall be 
deemed to be the rate of pay payable for that position for 
September 30, 1997.
  (c) Notwithstanding section 4(a) of the District of Columbia 
Redevelopment Act of 1945, approved August 2, 1946 (60 Stat. 
793; Public Law 79-592; D.C. Code, sec. 5-803(a)), the Board of 
Directors of the District of Columbia Redevelopment Land Agency 
shall be paid, during any fiscal year, per diem compensation at 
a rate established by the Mayor.
  Sec. 120. Notwithstanding any other provisions of law, the 
provisions of the District of Columbia Government Comprehensive 
Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 
2-139; D.C. Code, sec. 1-601.1 et seq.), enacted pursuant to 
section 422(3) of the District of Columbia 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, United 
States Code.
  Sec. 121. The Director of the Department of Administrative 
Services may pay rentals and repair, alter, andimprove rented 
premises, without regard to the provisions of section 322 of the 
Economy Act of 1932 (Public Law 72-212; 40 U.S.C. 278a), based upon a 
determination by the Director, that by reason of circumstances set 
forth in such determination, the payment of these rents and the 
execution of this work, without reference to the limitations of section 
322, is advantageous to the District in terms of economy, efficiency, 
and the District's best interest.
  Sec. 122. No later than 30 days after the end of the first 
quarter of the fiscal year ending September 30, 1998, the Mayor 
of the District of Columbia shall submit to the Council of the 
District of Columbia the new fiscal year 1998 revenue estimates 
as of the end of the first quarter of fiscal year 1998. These 
estimates shall be used in the budget request for the fiscal 
year ending September 30, 1999. The officially revised 
estimates at midyear shall be used for the midyear report.
  Sec. 123. No sole source contract with the District of 
Columbia government or any agency thereof may be renewed or 
extended without opening that contract to the competitive 
bidding process as set forth in section 303 of the District of 
Columbia Procurement Practices Act of 1985, effective February 
21, 1986 (D.C. Law 6-85; D.C. Code, sec. 1-1183.3), except that 
the District of Columbia government or any agency thereof may 
renew or extend sole source contracts for which competition is 
not feasible or practical: Provided, That the determination as 
to whether to invoke the competitive bidding process has been 
made in accordance with duly promulgated rules and procedures 
and said determination has been reviewed and approved by the 
District of Columbia Financial Responsibility and Management 
Assistance Authority.
  Sec. 124. For purposes of the Balanced Budget and Emergency 
Deficit Control Act of 1985, approved December 12, 1985 (99 
Stat. 1037; Public Law 99-177), as amended, the term ``program, 
project, and activity'' shall be synonymous with and refer 
specifically to each account appropriating Federal funds in 
this Act, and any sequestration order shall be applied to each 
of the accounts rather than to the aggregate total of those 
accounts: Provided, That sequestration orders shall not be 
applied to any account that is specifically exempted from 
sequestration by the Balanced Budget and Emergency Deficit 
Control Act of 1985, approved December 12, 1985 (99 Stat. 1037; 
Public Law 99-177), as amended.
  Sec. 125. In the event a sequestration order is issued 
pursuant to the Balanced Budget and Emergency Deficit Control 
Act of 1985, approved December 12, 1985 (99 Stat. 1037; Public 
Law 99-177), as amended, after the amounts appropriated to the 
District of Columbia for the fiscal year involved have been 
paid to the District of Columbia, the Mayor of the District of 
Columbia shall pay to the Secretary of the Treasury, within 15 
days after receipt of a request therefor from the Secretary of 
the Treasury, such amounts as are sequestered by the order: 
Provided, That the sequestration percentage specified in the 
order shall be applied proportionately to each of the Federal 
appropriation accounts in this Act that are not specifically 
exempted from sequestration by the Balanced Budget and 
Emergency Deficit Control Act of 1985, approved December 12, 
1985 (99 Stat. 1037; Public Law 99-177), as amended.
  Sec. 126. 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 of the required reorganization plans.
  Sec. 127. (a) An entity of the District of Columbia 
government may accept and use a gift or donation during fiscal 
year 1998 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. 128. None of the Federal funds provided in this Act may 
be used by the District of Columbia to provide for salaries, 
expenses, or other costs associated with the offices of United 
States Senator or United States Representative under section 
4(d) of the District of Columbia Statehood Constitutional 
Convention Initiatives of 1979, effective March 10, 1981 (D.C. 
Law 3-171; D.C. Code, sec. 1-113(d)).
  Sec. 129. The University of the District of Columbia shall 
submit to the Congress, the Mayor, the District of Columbia 
Financial Responsibility and Management Assistance Authority, 
and the Council of the District of Columbia no later than 
fifteen (15) calendar days after the end of each month a report 
that sets forth--
          (1) current month expenditures and obligations, year-
        to-date expenditures and obligations, and total fiscal 
        year expenditure projections versus budget broken out 
        on the basis of control center, responsibility center, 
        and object class, and for all funds, non-appropriated 
        funds, and capital financing;
          (2) a breakdown of FTE positions and all employees 
        for the most current pay period broken out on the basis 
        of control center and responsibility center, for all 
        funds, including capital funds;
          (3) a list of each account for which spending is 
        frozen and the amount of funds frozen, broken out by 
        control center, responsibility center, detailed object, 
        and for all funding sources;
          (4) a list of all active contracts in excess of 
        $10,000 annually, which contains the name of each 
        contractor; the budget to which the contract is charged 
        broken out on the basis of control center and 
        responsibility center, and contract identifying codes 
        used by the University of the District of Columbia; 
        payments made in the last month and year-to-date, the 
        total amount of the contract and total payments made 
        for the contract and any modifications, extensions, 
        renewals; and specific modifications made to each 
        contract in the last month;
          (5) all reprogramming requests and reports that have 
        been made by the University of the District of Columbia 
        within the last month in compliance with applicable 
        law; and
          (6) changes made in the last month to the 
        organizational structure of the University of the 
        District of Columbia, displaying previous and current 
        control centers and responsibility centers, the names 
        of the organizational entities that have been changed, 
        the name of the staff member supervising each entity 
        affected, and the reasons for the structural change.
  Sec. 130. Notwithstanding any other provision of law, rule, 
or regulation, the evaluation process and instruments for 
evaluating District of Columbia Public Schools employees shall 
be a non-negotiable item for collective bargaining purposes.
  Sec. 131. Funds authorized or appropriated to the government 
of the District of Columbia by this or any other act to procure 
the necessary hardware and installation of new software, 
conversion, testing, and training to improve or replace its 
financial management system are also available for the 
acquisition of accounting and financial management services and 
the leasing of necessary hardware, software or any other 
related goods or services, as determined by the District of 
Columbia Financial Responsibility and Management Assistance 
Authority.
  Sec. 132. Section 456 of the District of Columbia Self-
Government and Governmental Reorganization Act (secs. 47-231 et 
seq., D.C. Code) is amended--
          (1) in subsection (a)(1), by--
                  (A) striking ``1995'' and inserting ``1998'';
                  (B) striking ``Mayor'' and inserting 
                ``District of Columbia Financial Management and 
                Assistance Authority''; and
                  (C) striking ``Committee on the District of 
                Columbia'' and inserting ``Committee on 
                Government Reform and Oversight'';
          (2) in subsection (b)(1), by--
                  (A) striking ``1997'' and inserting ``1999'';
                  (B) striking ``Mayor'' and inserting 
                ``Authority''; and
                  (C) striking ``Committee on the District of 
                Columbia'' and inserting ``Committee on 
                Government Reform and Oversight'';
          (3) in subsection (b)(3), by striking ``Committee on 
        the District of Columbia'' and inserting ``Committee on 
        Government Reform and Oversight'';
          (4) in subsection (c)(1), by--
                  (A) striking ``1995'' and inserting ``1997'';
                  (B) striking ``Mayor'' and inserting ``Chief 
                Financial Officer''; and
                  (C) striking ``Committee on the District of 
                Columbia'' and inserting ``Committee on 
                Government Reform and Oversight'';
          (5) in subsection (c)(2)(A), by--
                  (A) striking ``1997'' and inserting ``1999'';
                  (B) striking ``Mayor'' and inserting ``Chief 
                Financial Officer''; and
                  (C) striking ``Committee on the District of 
                Columbia'' and inserting ``Committee on 
                Government Reform and Oversight'';
          (6) in subsection (c)(2)(B), by striking ``Committee 
        on the District of Columbia'' and inserting ``Committee 
        on Government Reform and Oversight''; and
          (7) in subsection (d)(1), by--
                  (A) striking ``1994'' and inserting ``1997'';
                  (B) striking ``Mayor'' and inserting ``Chief 
                Financial Officer''; and
                  (C) striking ``Committee on the District of 
                Columbia'' and inserting ``Committee on 
                Government Reform and Oversight''.
  Sec. 133. For purposes of the appointment of the head of a 
department of the government of the District of Columbia under 
section 11105(a) of the National Capital Revitalization and 
Self-Improvement Act of 1997, Public Law 105-33, the following 
rules shall apply:
          (1) After the Mayor notifies the Council under 
        paragraph (1)(A)(ii) of such section of the nomination 
        of an individual for appointment, the Council shall 
        meet to determine whether to confirm or reject the 
        nomination.
          (2) If the Council fails to confirm or reject the 
        nomination during the 7-day period described in 
        paragraph (1)(A)(iii) of such section, the Council 
        shall be deemed to have confirmed the nomination.
          (3) For purposes of paragraph (1)(B) of such section, 
        if the Council does not confirm a nomination(or is not 
deemed to have confirmed a nomination) during the 30-day period 
described in such paragraph, the Mayor shall be deemed to have failed 
to nominate an individual during such period to fill the vacancy in the 
position of the head of the department.
  Sec. 134. None of the funds appropriated under this Act shall 
be expended for any abortion except where the life of the 
mother would be endangered if the fetus were carried to term or 
where the pregnancy is the result of an act of rape or incest.
  Sec. 135. 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. 136. The Emergency Transitional Education Board of 
Trustees shall submit to the Congress, the Mayor, the District 
of Columbia Financial Responsibility and Management Assistance 
Authority, and the Council of the District of Columbia no later 
than fifteen (15) calendar days after the end of each month a 
report that sets forth--
          (1) current month expenditures and obligations, year-
        to-date expenditures and obligations, and total fiscal 
        year expenditure projections versus budget broken out 
        on the basis of control center, responsibility center, 
        agency reporting code, and object class, and for all 
        funds, including capital financing;
          (2) a breakdown of FTE positions and staff for the 
        most current pay period broken out on the basis of 
        control center, responsibility center, and agency 
        reporting code within each responsibility center, for 
        all funds, including capital funds;
          (3) a list of each account for which spending is 
        frozen and the amount of funds frozen, broken out by 
        control center, responsibility center, detailed object, 
        and agency reporting code, and for all funding sources;
          (4) a list of all active contracts in excess of 
        $10,000 annually, which contains the name of each 
        contractor; the budget to which the contract is charged 
        broken out on the basis of control center, 
        responsibility center, and agency reporting code; and 
        contract identifying codes used by the D.C. Public 
        Schools; payments made in the last month and year-to-
        date, the total amount of the contract and total 
        payments made for the contract and any modifications, 
        extensions, renewals; and specific modifications made 
        to each contract in the last month;
          (5) all reprogramming requests and reports that are 
        required to be, and have been, submitted to the Board 
        of Education; and
          (6) changes made in the last month to the 
        organizational structure of the D.C. Public Schools, 
        displaying previous and current control centers and 
        responsibility centers, the names of the organizational 
        entities that have been changed, the name of the staff 
        member supervising each entity affected, and the 
        reasons for the structural change.
  Sec. 137. (a) In General.--The Emergency Transitional 
Education Board of Trustees of the District of Columbia and the 
University of the District of Columbia shall annually compile 
an accurate and verifiable report on the positions and 
employees in the public school system and the university, 
respectively. The annual report shall set forth--
          (1) the number of validated schedule A positions in 
        the District of Columbia Public Schools and the 
        University of the District of Columbia for fiscal year 
        1996, fiscal year 1997, and thereafter 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 District of 
        Columbia Public Schools and the University of the 
        District of Columbia as of the preceding December 31, 
        verified as to its accuracy in accordance with the 
        functions that each employee actually performs, by 
        control center, responsibility center, agency reporting 
        code, program (including funding source), activity, 
        location for accounting purposes, job title, grade and 
        classification, annual salary, and position control 
        number.
  (b) Submission.--The annual report required by subsection (a) 
of this section shall be submitted to the Congress, the Mayor, 
the District of Columbia Council, the Consensus Commission, and 
the Authority, not later than February 15 of each year.
  Sec. 138. (a) No later than October 1, 1997, or within 15 
calendar days after the date of the enactment of the District 
of Columbia Appropriations Act, 1998, whichever occurs later, 
and each succeeding year, the Emergency Transitional Education 
Board of Trustees and the University of the District of 
Columbia shall submit to the appropriate congressional 
committees, the Mayor, the District of Columbia Council, the 
Consensus Commission, and the District of Columbia Financial 
Responsibility and Management Assistance Authority, a revised 
appropriated funds operating budget for the public school 
system and the University of the District of Columbia for such 
fiscal year that is in the total amount of the approved 
appropriation and that realigns budgeted data for personal 
services and other-than-personal services, respectively, with 
anticipated actual expenditures.
  (b) The revised budget required by subsection (a) of this 
section shall be submitted in the format of the budget that the 
Emergency Transitional Education Board of Trustees and the 
University of the District of Columbia submit to the Mayor of 
the District of Columbia for inclusion in the Mayor's budget 
submission to the Council of the District of Columbia pursuant 
to section 442 of the District of Columbia Self-Government and 
Governmental Reorganization Act, Public Law 93-198, as amended 
(D.C. Code, sec. 47-301).
  Sec. 139. The Emergency Transitional Education Board of 
Trustees, the Board of Trustees of the University of the 
District of Columbia, the Board of Library Trustees, and the 
Board of Governors of the D.C. School of Law shall vote on and 
approve their respective annual or revised budgets before 
submission to the Mayor of the District of Columbia for 
inclusion in the Mayor's budget submission to the Council of 
the District of Columbia in accordance with section 442 of the 
District of Columbia Self-Government and Governmental 
Reorganization Act, Public Law 93-198, as amended (D.C. Code, 
sec. 47-301), or before submitting their respective budgets 
directly to the Council.
  Sec. 140. (a) Ceiling on Total Operating Expenses.--
          (1) In general.--Notwithstanding any other provision 
        of law, the total amount appropriated in this Act for 
        operating expenses for the District of Columbia for 
        fiscal year 1998 under the caption ``Division of 
        Expenses'' shall not exceed the lesser of--
                  (A) the sum of the total revenues of the 
                District of Columbia for such fiscal year; or
                  (B) $5,166,304,000 (of which $129,946,000 
                shall be from intra-District funds), which 
                amount may be increased by the following:
                          (i) proceeds of one-time 
                        transactions, which are expended for 
                        emergency or unanticipated operating or 
                        capital needs approved by the District 
                        of Columbia Financial Responsibility 
                        and Management Assistance Authority; 
                        and
                          (ii) additional expenditures which 
                        the Chief Financial Officer of the 
                        District of Columbia certifies will 
                        produce additional revenues during such 
                        fiscal year at least equal to 200 
                        percent of such additional 
                        expenditures, and which are approved by 
                        the District of Columbia Financial 
                        Responsibility and Management 
                        Assistance.
                  (C) to the extent that the sum of the total 
                revenues of the District of Columbia for such 
                fiscal year exceed the total amount provided 
                for in subsection (B) above, the Chief 
                Financial Officer of the District of Columbia, 
                with the approval of the District of Columbia 
                Financial Responsibility and Management 
                Assistance Authority, may credit up to ten 
                percent (10%) of the amount of such difference, 
                not to exceed $3,300,000, to a reserve fund 
                which may be expended for operating purposes in 
                future fiscal years, in accordance with the 
                financial plans and budgets for such years.
          (2) Enforcement.--The Chief Financial Officer of the 
        District of Columbia and the District of Columbia 
        Financial Responsibility and Management Assistance 
        Authority shall take such steps as are necessary to 
        assure that the District of Columbia meets the 
        requirements of this section, including the 
        apportioning by the Chief Financial Officer of the 
        appropriations and funds made available to the District 
        during fiscal year 1998.
  (b) Acceptance and Use of Grants Not Included in Ceiling.--
          (1) In general.--Notwithstanding subsection (a), the 
        Mayor in consultation with the Chief Financial Officer 
        of the District of Columbia during a control year, as 
        defined in section 305(4) of Public Law 104-8, as 
        amended, 109 Stat. 152, may accept, obligate, and 
        expend Federal, private, and other grants received by 
        the District government that are not reflected in the 
        amounts appropriated in this Act.
          (2) Requirement of chief financial officer report and 
        financial responsibility and management assistance 
        authority approval.--No such Federal, private, or other 
        grant may be accepted, obligated, or expended pursuant 
        to paragraph (1) until--
                  (A) the Chief Financial Officer of the 
                District submits to the District of Columbia 
                Financial Responsibility and Management 
                Assistance Authority established by Public Law 
                104-8 (109 Stat. 97) a report setting forth 
                detailed information regarding such grant; and
                  (B) the District of Columbia Financial 
                Responsibility and Management Assistance 
                Authority has reviewed and approved the 
                acceptance, obligation, and expenditure of such 
                grant in accordance with review and approval 
                procedures consistent with the provisions of 
                Public Law 104-8, as amended, the District of 
                Columbia Financial Responsibility and 
                Management Assistance Act of 1995.
          (3) Prohibition on spending in anticipation of 
        approval or receipt.--No amount may be obligated or 
        expended from the general fund or other funds of the 
        District government in anticipation of the approval or 
        receipt of a grant under paragraph (2)(B) or in 
        anticipation of the approvalor receipt of a Federal, 
private, or other grant not subject to such paragraph.
          (4) Monthly reports.--The Chief Financial Officer of 
        the District shall prepare a monthly report setting 
        forth detailed information regarding all Federal, 
        private, and other grants subject to this subsection. 
        Each such report shall be submitted to the Council of 
        the District of Columbia, and to the Committees on 
        Appropriations of the House of Representatives and the 
        Senate, not later than 15 days after the end of the 
        month covered by the report.
  Sec. 141. Section 145(a)(2) of the District of Columbia 
Retirement Reform Act, approved November 17, 1979 (93 Stat. 
882; D.C. Code 1-725(a)(2)) is amended by adding subsections 
(a)(2)(A) and (a)(2)(B) to read as follows:
  ``(A) Up to 50 police officers and up to 50 Fire and 
Emergency Medical Services members who were hired before 
February 14, 1980, and who retire on disability before the end 
of calendar year 1998 shall be excluded from the computation of 
the rate of disability retirements under subsection 145(a) of 
the District of Columbia Retirement Reform Act of 1979 (93 
Stat. 882; D.C. Code, sec. 1-725(a)), for purposes of reducing 
the authorized Federal payment to the District of Columbia 
Police Officers and Fire Fighters' Retirement Fund pursuant to 
subsection 145(c) of the District of Columbia Retirement Reform 
Act of 1979.
  ``(B) The Mayor, within 30 days after the enactment of this 
provision, shall engage an enrolled actuary, to be paid by the 
District of Columbia Retirement Board, and shall comply with 
the requirements of section 142(d) and section 144(d) of the 
District of Columbia Retirement Reform Act of 1979 (Public Law 
96-122, approved November 17, 1979; D.C. Code, secs. 1-722(d) 
and 1-724(d)).''.
  Sec. 142. The District of Columbia Emergency Transitional 
Education Board of Trustees shall, subject to the contract 
approval provisions of Public Law 104-8--
          (A) develop a comprehensive plan to identify and 
        accomplish energy conservation measures to achieve 
        maximum cost-effective energy and water savings;
          (B) enter into innovative financing and contractual 
        mechanisms including, but not limited to, utility 
        demand-side management programs and energy savings 
        performance contracts and water conservation 
        performance contracts: Provided, That the terms of such 
        contracts do not exceed twenty-five years; and
          (C) permit and encourage each department or agency 
        and other instrumentality of the District of Columbia 
        to participate in programs conducted by any gas, 
        electric or water utility of the management of 
        electricity or gas demand or for energy or water 
        conservation.
  Sec. 143. The District of Columbia Self-Government and 
Governmental Reorganization Act, approved December 24, 1973 (87 
Stat. 774; D.C. Code, sec. 1-201 et seq.), is amended by adding 
a new section 445a to read as follows:

``SEC. 445A. SPECIAL MASTERS' BUDGETS.

  ``All Special Masters appointed by the District of Columbia 
Superior Court or the United States District Court for the 
District of Columbia Circuit to any agency of the District of 
Columbia government shall prepare and annually submit to the 
District of Columbia Financial Responsibility and Management 
Assistance Authority, for inclusion in the annual budget, 
annual estimates of expenditures and appropriations. Such 
annual estimates shall be approved by the District of Columbia 
Financial Responsibility and Management Assistance Authority 
and the Council of the District of Columbia pursuant to section 
202 of the District of Columbia Financial Responsibility and 
Management Assistance Act of 1995, approved April 17, 1995 (109 
Stat. 109; D.C. Code, sec. 47-392.2).''
  Sec. 144. (a) Notwithstanding the provisions of section 12 of 
the Presidential Protection Assistance Act of 1976 (18 U.S.C. 
3056, note) in carrying out the protection of the President and 
Vice President of the United States, pursuant to section 
3056(a) of Title 18 of the United States Code, the Secretary of 
the Treasury is authorized to reimburse the District of 
Columbia government for the utilization of law enforcement 
services, personnel, equipment, and facilities of the District 
of Columbia in furtherance of such protection. All claims for 
such reimbursement by the District of Columbia government will 
be submitted to the Secretary of the Treasury on a quarterly 
basis.
  (b) Section 1537 of Title 31 of the United States Code is 
repealed.
  Sec. 145. In addition to amounts appropriated or otherwise 
made available, $5,000,000 is hereby appropriated to the 
National Park Service and shall be available only for the 
United States Park Police operations in the District of 
Columbia.
  Sec. 146. The District government shall maintain for fiscal 
year 1998 the same funding levels as provided in fiscal year 
1997 for homeless services in the District of Columbia.
  Sec. 147. The District of Columbia Financial Responsibility 
and Management Assistance Authority and the Chief Executive 
Officer of the District of Columbia public schools are hereby 
directed to report to the Appropriations Committees of the 
Senate and the House of Representatives, the Senate Committee 
on Governmental Affairs and the Committee on Government Reform 
and Oversight of the House of Representatives not later than 
April 1, 1998, on all measures necessary and steps to be taken 
to ensure that the District's public schools open on time to 
begin the 1998-99 academic year.
  This Act may be cited as the ``District of Columbia 
Appropriations Act, 1998''.

                                
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