[[Page 112 STAT. 2681-113]]
Sec. 611. None of the funds made available in this Act shall be used
to provide the following amenities or personal comforts in the Federal
prison system--
(1) in-cell television viewing except for prisoners who are
segregated from the general prison population for their own
safety;
(2) the viewing of R, X, and NC-17 rated movies, through
whatever medium presented;
(3) any instruction (live or through broadcasts) or training
equipment for boxing, wrestling, judo, karate, or other martial
art, or any bodybuilding or weightlifting equipment of any sort;
(4) possession of in-cell coffee pots, hot plates or heating
elements; or
(5) the use or possession of any electric or electronic
musical instrument.
Sec. 612. None of the funds made available in title II for the
National Oceanic and Atmospheric Administration (NOAA) under the
headings ``Operations, Research, and Facilities'' and ``Procurement,
Acquisition and Construction'' may be used to implement sections 603,
604, and 605 of Public Law 102-567: Provided, That NOAA may develop a
modernization plan for its fisheries research vessels that takes fully
into account opportunities for contracting for fisheries surveys.
Sec. 613. Any costs incurred by a department or agency funded under
this Act resulting from personnel actions taken in response to funding
reductions included in this Act shall be absorbed within the total
budgetary resources available to such department or agency: Provided,
That the authority to transfer funds between appropriations accounts as
may be necessary to carry out this section is provided in addition to
authorities included elsewhere in this Act: Provided further, That use
of funds to carry out this section shall be treated as a reprogramming
of funds under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set
forth in that section.
Sec. 614. None of the funds made available in this Act to the
Federal Bureau of Prisons may be used to distribute or make available
any commercially published information or material to a prisoner when it
is made known to the Federal official having authority to obligate or
expend such funds that such information or material is sexually explicit
or features nudity.
Sec. 615. Of the funds appropriated in this Act under the heading
``Office of Justice Programs--State and Local Law Enforcement
Assistance'', not more than 90 percent of the amount to be awarded to an
entity under the Local Law Enforcement Block Grant shall be made
available to such an entity when it is made known to the Federal
official having authority to obligate or expend such funds that the
entity that employs a public safety officer (as such term is defined in
section 1204 of title I of the Omnibus Crime Control and Safe Streets
Act of 1968) does not provide such a public safety officer who retires
or is separated from service due to injury suffered as the direct and
proximate result of a personal injury sustained in the line of duty
while responding to an emergency situation or a hot pursuit (as such
terms are defined by State law) with the same or better level of health
[[Page 112 STAT. 2681-114]]
insurance benefits at the time of retirement or separation as they
received while on duty.
Sec. 616. (a) None of the funds appropriated or otherwise made
available in this Act shall be used to issue visas to any person who--
(1) has been credibly alleged to have ordered, carried out,
or materially assisted in the extrajudicial and political
killings of Antoine Izmery, Guy Malary, Father Jean-Marie
Vincent, Pastor Antoine Leroy, Jacques Fleurival, Mireille
Durocher Bertin, Eugene Baillergeau, Michelange Hermann, Max
Mayard, Romulus Dumarsais, Claude Yves Marie, Mario Beaubrun,
Leslie Grimar, Joseph Chilove, Michel Gonzalez, and Jean-Hubert
Feuille;
(2) has been included in the list presented to former
President Jean-Bertrand Aristide by former National Security
Council Advisor Anthony Lake in December 1995, and acted upon by
President Rene Preval;
(3) was sought for an interview by the Federal Bureau of
Investigation as part of its inquiry into the March 28, 1995,
murder of Mireille Durocher Bertin and Eugene Baillergeau, Jr.,
and was credibly alleged to have ordered, carried out, or
materially assisted in those murders, per a June 28, 1995,
letter to the then Minister of Justice of the Government of
Haiti, Jean-Joseph Exume;
(4) was a member of the Haitian High Command during the
period 1991 through 1994, and has been credibly alleged to have
planned, ordered, or participated with members of the Haitian
Armed Forces in--
(A) the September 1991 coup against any person who
was a duly elected government official of Haiti (or a
member of the family of such official), or
(B) the murders of thousands of Haitians during the
period 1991 through 1994; or
(5) has been credibly alleged to have been a member of the
paramilitary organization known as FRAPH who planned, ordered,
or participated in acts of violence against the Haitian people.
(b) Exemption.--Subsection (a) shall not apply if the Secretary of
State finds, on a case-by-case basis, that the entry into the United
States of a person who would otherwise be excluded under this section is
necessary for medical reasons or such person has cooperated fully with
the investigation of these political murders. If the Secretary of State
exempts any such person, the Secretary shall notify the appropriate
congressional committees in writing.
(c) Reporting Requirement.--(1) The United States chief of mission
in Haiti shall provide the Secretary of State a list of those who have
been credibly alleged to have ordered or carried out the extrajudicial
and political killings mentioned in paragraph (1) of subsection (a).
(2) The Secretary of State shall submit the list provided under
paragraph (1) to the appropriate congressional committees not later than
3 months after the date of enactment of this Act.
(3) The Secretary of State shall submit to the appropriate
congressional committees a list of aliens denied visas, and the Attorney
General shall submit to the appropriate congressional committees a list
of aliens refused entry to the United States as a result of this
provision.
[[Page 112 STAT. 2681-115]]
(4) The Secretary of State shall submit a report under this
subsection not later than 6 months after the date of enactment of this
Act and not later than March 1 of each year thereafter as long as the
Government of Haiti has not completed the investigation of the
extrajudicial and political killings and has not prosecuted those
implicated for the killings specified in paragraph (1) of subsection
(a).
(d) Definition.--In this section, the term ``appropriate
congressional committees'' means the Committee on International
Relations and the Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations and the Committee
on Appropriations of the Senate.
Sec. 617. (a) None of the funds made available in this Act may be
used to issue or renew a fishing permit or authorization for any fishing
vessel of the United States greater than 165 feet in registered length
or of more than 750 gross registered tons, and that has an engine or
engines capable of producing a total of more than 3,000 shaft
horsepower--
(1) as specified in the permit application required under
part 648.4(a)(5) of title 50, Code of Federal Regulations, part
648.12 of title 50, Code of Federal Regulations, and the
authorization required under part 648.80(d)(2) of title 50, Code
of Federal Regulations, to engage in fishing for Atlantic
mackerel or herring (or both) under the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.); or
(2) that would allow such a vessel to engage in the
catching, taking, or harvesting of fish in any other fishery
within the exclusive economic zone of the United States (except
territories), unless a certificate of documentation had been
issued for the vessel and endorsed with a fishery endorsement
that
was effective on September 25, 1997, and such fishery endorsement was
not surrendered at any time thereafter.
(b) Any fishing permit or authorization issued or renewed prior to
the date of the enactment of this Act for a fishing vessel to which the
prohibition in subsection (a)(1) applies that would allow such vessel to
engage in fishing for Atlantic mackerel or herring (or both) during
fiscal year 1999 shall be null and void, and none of the funds made
available in this Act may be used to issue a fishing permit or
authorization that would allow a vessel whose permit or authorization
was made null and void pursuant to this subsection to engage in the
catching, taking, or harvesting of fish in any other fishery within the
exclusive economic zone of the United States.
Sec. 618. None of the funds provided by this Act shall be available
to promote the sale or export of tobacco or tobacco products, or to seek
the reduction or removal by any foreign country of restrictions on the
marketing of tobacco or tobacco products, except for restrictions which
are not applied equally to all tobacco or tobacco products of the same
type.
Sec. 619. None of the funds made available in this Act may be used
to pay the expenses of an election officer appointed by a court to
oversee an election of any officer or trustee for the International
Brotherhood of Teamsters.
Sec. 620. Section 1303 of the International Security and Development
Corporation Act of 1985 (16 U.S.C. 469j) is amended in subsection (e),
by striking ``three'' and inserting ``six''.
[[Page 112 STAT. 2681-116]]
Sec. 621. None of the funds appropriated pursuant to this Act or any
other provision of law may be used for (1) the implementation of any tax
or fee in connection with the implementation of 18 U.S.C. 922(t); (2)
any system to implement 18 U.S.C. 922(t) that does not require and
result in the destruction of any identifying information submitted by or
on behalf of any person who has been determined not to be prohibited
from owning a firearm.
Sec. 622. Not later than 60 days after the date of enactment of this
Act, the United States Trade Representative (in this section referred to
as the ``Trade Representative'') shall report to Congress on the Trade
Representative's analysis regarding--
(1) whether the Korean Government provided subsidies to
Hanbo Steel;
(2) whether such subsidies had an adverse effect on United
States companies;
(3) the status of the Trade Representative's contacts with
the Korean Government with respect to industry concerns
regarding Hanbo Steel and efforts to eliminate subsidies; and
(4) the status of the Trade Representative's contacts with
other Asian trading partners regarding the adverse effect of
Korean steel subsidies on such trading partners.
(b) The report described in subsection (a) shall also include
information on the status of any investigations initiated as a result of
press reports that the Korean Government ordered Pohang Iron and Steel
Company, in which the Government owns a controlling interest, to sell
steel in Korea at a price that is 30 percent lower than the
international market prices.
Sec. 623. None of the funds made available in this or any other Act
may be used to implement, administer, or enforce Executive Order No.
13083 (titled ``Federalism'' and dated May 14, 1998).
Sec. 624. (a) Section 118 of title 28, United States Code, is
amended--
(1) in subsection (a) by striking ``Philadelphia, and
Schuylkill'' and inserting ``and Philadelphia''; and
(2) in subsection (b) by inserting ``Schuylkill,'' after
``Potter,''.
<<NOTE: Effective date. 28 USC 118 note.>> (b)(1) This section and
the amendments made by this section shall take effect 180 days after the
date of the enactment of this Act.
(2) This section and the amendments made by this section shall not
affect any action commenced before the effective date of this section
and pending on such date in the United States District Court for the
Eastern District of Pennsylvania.
(3) This section and the amendments made by this section shall not
affect the composition, or preclude the service, of any grand or petit
jury summoned, impaneled, or actually serving on the effective date of
this section.
Sec. 625. Beginning 60 days from the date of enactment of this Act,
none of the funds appropriated or otherwise made available by this Act
may be made available for the participation by delegates of the United
States to the Standing Consultative Commission unless the President
certifies and so reports to the Committees on Appropriations that the
United States Government is not implementing the Memorandum of
Understanding Relating to the Treaty Between the United States of
America and the Union of Soviet Socialist Republics on the limitation of
Anti-Ballistic Missile
[[Page 112 STAT. 2681-117]]
Systems of May 26, 1972, entered into in New York on September 26, 1997,
by the United States, Russia, Kazakhstan, Belarus, and Ukraine, or until
the Senate provides its advice and consent to the Memorandum of
Understanding.
Sec. 626. (a) Notwithstanding any other provisions of this Act,
appropriations and funds made available and authority granted pursuant
to this Act (the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1999) shall cease to
be available after June 15, 1999.
(b) Appropriations and funds made available by or authority granted
pursuant to the Act referenced in subsection (a) shall be apportioned
under section 1513 of title 31, United States Code, in the manner
established for funds provided by a joint resolution making continuing
appropriations.
(c) Appropriations made and authority granted pursuant to the Act
referenced in subsection (a) shall cover all obligations or expenditures
incurred for any program, project or activity during the period for
which funds or authority for such project or activity are available
under such Act.
(d) Expenditures made during the period for which funds or authority
are available under such Act shall be charged to the full-year amount
provided for the applicable appropriation, fund, or authorization.
TITLE VII--RESCISSIONS
DEPARTMENT OF JUSTICE
General Administration
working capital fund
Of the unobligated balances available under this heading on
September 30, 1998, $99,000,000 are rescinded.
Legal Activities
Of the unobligated balances available under this heading, $2,000,000
are rescinded.
Federal Bureau of Investigation
Of the funds provided in previous Acts, the following funds are
hereby rescinded from the following accounts in the specified amounts:
``Construction, 1998'', $4,000,000;
``Salaries and Expenses, no year'', $6,400,000;
``Violent Crime Reduction Program, 1996'', $2,000,000; and
[[Page 112 STAT. 2681-118]]
``Violent Crime Reduction Program, 1997'', $300,000.
Immigration and Naturalization Service
Of the unobligated balances available under this heading, $5,000,000
are rescinded.
DEPARTMENT OF COMMERCE
Of the funds provided in previous Acts, the following funds are
hereby rescinded from the following accounts in the specified amounts:
``United States Travel and Tourism Administration, no
year'', $915,000; and
``Endowment for Children's Educational TV, no year'',
$1,175,000.
National Institute of Standards and Technology
Of the unobligated balances available under this heading for the
Advanced Technology Program, $6,000,000 are rescinded.
DEPARTMENT OF TRANSPORTATION
Maritime Administration
Of the unobligated balances available under this heading,
$17,000,000 are rescinded.
TITLE VIII
SEC. 801. ETHICAL STANDARDS FOR FEDERAL PROSECUTORS.
(a) In General.--Chapter 31 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 530B. Ethical standards for attorneys for the Government
``(a) An attorney for the Government shall be subject to State laws
and rules, and local Federal court rules, governing attorneys in each
State where such attorney engages in that attorney's duties, to the same
extent and in the same manner as other attorneys in that State.
``(b) The Attorney General shall make and amend rules of the
Department of Justice to assure compliance with this section.
``(c) As used in this section, the term `attorney for the
Government' includes any attorney described in section 77.2(a) of part
[[Page 112 STAT. 2681-119]]
77 of title 28 of the Code of Federal Regulations and also includes any
independent counsel, or employee of such a counsel, appointed under
chapter 40.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 31 of title 28, United States Code, is amended by adding at the
end the following new item:
``530B. Ethical standards for attorneys for the Government.''.
<<NOTE: 28 USC 530B note.>> (c) Effective Date.--The amendments
made by this section shall take effect 180 days after the date of the
enactment of this Act and shall apply during that portion of fiscal year
1999 that follows that taking effect, and in each succeeding fiscal
year.
<<NOTE: National Whale Conservation Fund Act of 1998. 16 USC 3701
note. 16 USC 3703 note.>> TITLE IX NATIONAL WHALE CONSERVATION FUND ACT
Sec. 901. Short Title. This title may be cited as the ``National
Whale Conservation Fund Act of 1998''.
Sec. 902. Findings. Congress finds that--
(1) the populations of whales that occur in waters of the
United States are resources of substantial ecological,
scientific, socioeconomic, and esthetic value;
(2) whale populations--
(A) form a significant component of marine
ecosystems;
(B) are the subject of intense research;
(C) provide for a multimillion dollar whale watching
tourist industry that provides the public an opportunity
to enjoy and learn about great whales and the ecosystems
of which the whales are a part; and
(D) are of importance to Native Americans for
cultural and subsistence purposes;
(3) whale populations are in various stages of recovery, and
some whale populations, such as the northern right whale
(Eubaleana glacialis) remain perilously close to extinction;
(4) the interactions that occur between ship traffic,
commercial fishing, whale watching vessels, and other
recreational vessels and whale populations may affect whale
populations adversely;
(5) the exploration and development of oil, gas, and hard
mineral resources, marine debris, chemical pollutants, noise,
and other anthropogenic sources of change in the habitat of
whales may affect whale populations adversely;
(6) the conservation of whale populations is subject to
difficult challenges related to--
(A) the migration of whale populations across
international boundaries;
(B) the size of individual whales, as that size
precludes certain conservation research procedures that
may be used for other animal species, such as captive
research and breeding;
(C) the low reproductive rates of whales that
require long-term conservation programs to ensure
recovery of whale populations; and
(D) the occurrence of whale populations in offshore
waters where undertaking research, monitoring, and
conservation measures is difficult and costly;
(7)(A) the Secretary of Commerce, through the Administrator
of the National Oceanic and Atmospheric Administration,
[[Page 112 STAT. 2681-120]]
has research and regulatory responsibility for the conservation
of whales under the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.); and
(B) the heads of other Federal agencies and the Marine
Mammal Commission established under section 201 of the Marine
Mammal Protection Act of 1972 (16 U.S.C. 1401) have related
research and management activities under the Marine Mammal
Protection Act of 1972 or the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(8) the funding available for the activities described in
paragraph (8) is insufficient to support all necessary whale
conservation and recovery activities; and
(9) there is a need to facilitate the use of funds from non-
Federal sources to carry out the conservation of whales.
Sec. 903. National Whale Conservation Fund. Section 4 of the
National Fish and Wildlife Establishment Act (16 U.S.C. 3703) is amended
by adding at the end the following:
``(f)(1) In carrying out the purposes under section 2(b), the
Foundation may establish a national whale conservation endowment fund,
to be used by the Foundation to support research, management activities,
or educational programs that contribute to the protection, conservation,
or recovery of whale populations in waters of the United States.
``(2)(A) In a manner consistent with subsection (c)(1), the
Foundation may--
``(i) accept, receive, solicit, hold, administer, and use
any gift, devise, or bequest made to the Foundation for the
express purpose of supporting whale conservation; and
``(ii) deposit in the endowment fund under paragraph (1) any
funds made available to the Foundation under this subparagraph,
including any income or interest earned from a gift, devise, or
bequest received by the Foundation under this subparagraph.
``(B) To raise funds to be deposited in the endowment fund under
paragraph (1), the Foundation may enter into appropriate arrangements to
provide for the design, copyright, production, marketing, or licensing,
of logos, seals, decals, stamps, or any other item that the Foundation
determines to be appropriate.
``(C)(i) The Secretary of Commerce may transfer to the Foundation
for deposit in the endowment fund under paragraph (1) any amount (or
portion thereof) received by the Secretary under section 105(a)(1) of
the Marine Mammal Protection Act of 1972 (16 U.S.C. 1375(a)(1)) as a
civil penalty assessed by the Secretary under that section.
``(ii) The Directors of the Board shall ensure that any amounts
transferred to the Foundation under clause (i)
for the endowment fund under paragraph (1) are deposited in that fund in
accordance with this subparagraph.
``(3) It is the intent of Congress that in making expenditures from
the endowment fund under paragraph (1) to carry out activities specified
in that paragraph, the Foundation should give priority to funding
projects that address the conservation of populations of whales that the
Foundation determines--
``(A) are the most endangered (including the northern right
whale (Eubaleana glacialis)); or
[[Page 112 STAT. 2681-121]]
``(B) most warrant, and are most likely to benefit from,
research management, or educational activities that may be
funded with amounts made available from the fund.
``(g) In carrying out any action on the part of the Foundation under
subsection (f), the Directors of the Board shall consult with the
Administrator of the National Oceanic and Atmospheric Administration and
the Marine Mammal Commission.''.
This Act may be cited as the ``Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act, 1999''.
(c) For programs, projects or activities in the District of Columbia
Appropriations Act, 1999, provided as follows, to be effective as if it
had been enacted into law as the regular appropriations Act:
FEDERAL FUNDS
Metrorail Improvements and Expansion
For a Federal contribution to the Washington Metropolitan Area
Transit Authority for improvements and expansion of the Mount Vernon
Square Metrorail station located at the site of the proposed Washington
Convention Center project, $25,000,000, to remain available until
expended.
Federal Payment for Management Reform
For payment to the District of Columbia, $25,000,000, to remain
available until September 30, 1999, which shall be deposited into an
escrow account of the District of Columbia Financial Responsibility and
Management Assistance Authority and shall be disbursed from such escrow
account by the Authority pursuant to the instructions of the Authority
only for a program of management reform pursuant to sections 11101-11106
of the District of Columbia Management Reform Act of 1997, Public Law
105-33.
Federal Payment for Boys Town U.S.A. Operations in the District of
Columbia
For a Federal contribution of $7,100,000 to be paid to the Board of
Trustees of Boys Town U.S.A. for expansion of the operations of Boys
Town of Washington, located at 4801 Sargent Road, Northeast, said funds
to be allocated as follows: $4,700,000 in capital costs for the
construction of one emergency short-term residential center and four
long-term residential homes in the District of Columbia; and $2,400,000
in first-year operating expenses for said facilities: Provided, That
said Board of Trustees shall provide quarterly financial reports during
fiscal year 1999 on the expenditure of said funds to the Committees on
Appropriations of the Senate and House of Representatives, the Committee
on Governmental Affairs of the Senate, and the Committee on Government
Reform and Oversight of the House of Representatives.
[[Page 112 STAT. 2681-122]]
Nation's Capital Infrastructure Fund
For a Federal contribution to the District of Columbia towards the
costs of infrastructure needs, which shall be deposited into an escrow
account of the District of Columbia Financial Responsibility and
Management Assistance Authority and disbursed by the Authority from such
account for the repair and maintenance of public safety facilities in
the District of Columbia, $18,778,000, to remain available until
expended.
Environmental Study and Related Activities at Lorton Correctional
Complex
For a Federal contribution for an environmental study and related
activities at the property on which the Lorton Correctional Complex is
located, to be transferred to the Federal agency with authority over the
Complex, $7,000,000, to remain available until expended.
Federal Payment to the District of Columbia Corrections Trustee
Operations
For payment to the District of Columbia Corrections Trustee,
$184,800,000 for the administration and operation of correctional
facilities and for the administrative operating costs of the Office of
the Corrections Trustee, as authorized by section 11202 of the National
Capital Revitalization and Self-Government Improvement Act of 1997,
Public Law 105-33; of which $177,385,000 shall be available for expenses
incurred in connection with the housing, in both private, District of
Columbia and Federal facilities, of the sentenced adult felon population
of the District of Columbia; $4,225,000 shall be available for personnel
initiatives in the District of Columbia Department of Corrections;
$750,000 shall be available for a system of internal controls and audits
within the Department of Corrections; and $2,440,000 shall be available
for administrative expenses: Provided, That, notwithstanding any other
provision of law, and consistent with regulations and guidance governing
the use of Federal funds by grantees, funds appropriated in this Act for
the District of Columbia Corrections Trustee shall be transferred by the
Secretary of the Treasury to said Trustee only as funds are needed to
pay properly incurred obligations.
Federal Payment to the District of Columbia Courts
Notwithstanding any other provision of law, $128,000,000 for payment
to the Joint Committee on Judicial Administration in the District of
Columbia; of which not to exceed $121,000,000 shall be for District of
Columbia Courts operation, to be allocated as follows: for the District
of Columbia Court of Appeals, $7,839,000 and 96 full-time equivalent
(FTE) positions; for the District of Columbia Superior Court,
$72,419,000 and 1,017 FTE's; for the District of Columbia court system,
$40,742,000 and 120 FTE's; and $7,000,000 shall be for capital
improvements for District of Columbia courthouse facilities: Provided,
That of amounts available for District of Columbia Courts operation, not
to exceed $6,900,000 shall be for the Counsel for Child Abuse and
Neglect program pursuant to section 1101 of title 11, D.C. Code, and
section 2304 of title 16, D.C. Code, and of which not to exceed
$25,036,000
[[Page 112 STAT. 2681-123]]
shall be to carry out sections 2602 and 2604 of title 11, D.C. Code,
relating to representation of indigents in criminal cases under the
Criminal Justice Act, in total, $31,936,000: Provided further, That
subject to normal reprogramming requirements contained in section 116 of
this Act, this $31,936,000 may be used for other purposes under this
heading: Provided further, That all amounts under this heading shall be
paid quarterly by the Treasury of the United States based on quarterly
apportionments approved by the Office of Management and Budget, with
payroll and financial services to be provided on a contractual basis
with the General Services Administration [GSA], said services to include
the preparation of monthly financial reports, copies of which shall be
submitted directly by GSA to the President and to the Committees on
Appropriations of the Senate and House of Representatives, the Committee
on Governmental Affairs of the Senate, and the Committee on Government
Reform and Oversight of the House of Representatives.
Federal Payment to the District of Columbia Offender Supervision,
Defender, and Court Services Agency
For payment to the District of Columbia Offender Supervision,
Defender, and Court Services Agency, $59,400,000, as authorized by the
National Capital Revitalization and Self-Government Improvement Act of
1997, Public Law 105-33; of which $33,802,000 shall be for necessary
expenses of Parole Revocation, Adult Probation and Offender Supervision,
to include expenses relating to supervision of adults subject to
protection orders or provision of services for or related to such
persons; $14,486,000 shall be available to the Public Defender Service;
and $11,112,000 shall be available to the Pretrial Services Agency:
Provided, That, notwithstanding any other provision of law, and
consistent with regulations and guidance governing the use of Federal
funds by grantees, funds appropriated in this Act for the District of
Columbia Offender Trustee shall be transferred by the Secretary of the
Treasury to said Trustee only as funds are needed to pay properly
incurred obligations.
Federal Payment for Metropolitan Police Department
For payment to the Metropolitan Police Department, $1,200,000, for
the administration and operating costs of the Citizen Complaint Review
Office.
Federal Payment for Fire Department
For payment to the Fire Department, $3,240,000, for a 5.5 percent
pay increase to be effective and paid to firefighters beginning October
1, 1998.
Federal Payment to the Georgetown Waterfront Park Fund
For payment to the Georgetown Waterfront Park Fund, $1,000,000 for
the construction and landscaping of Georgetown Waterfront Park, property
described on the District of Columbia Surveyor's Plat Number S.O. 84-
230: Provided, That the Georgetown Waterfront Park Fund provide an
amount equal to one dollar
[[Page 112 STAT. 2681-124]]
for every dollar expended, in cash or in kind, to carry out the
activities supported by the grant.
Federal Payment to Historical Society for City Museum
For a Federal payment to the Historical Society of Washington, D.C.,
for the establishment and operation of a Museum of the City of
Washington, D.C. at the Carnegie Library at Mount Vernon Square,
$2,000,000, to remain available until expended, to be deposited in a
separate account of the Society used exclusively for the establishment
and operation of such Museum: Provided, That the Secretary of the
Treasury shall make such payment in quarterly installments, and the
amount of the installment for a quarter shall be equal to the amount of
matching funds that the Society has deposited into such account for the
quarter (as certified by the Inspector General of the District of
Columbia): Provided further, That notwithstanding any other provision of
law, not later than January 1, 1999, the District of Columbia shall
enter into an agreement with the Society under which the District of
Columbia shall lease the Carnegie Library at Mount Vernon Square to the
Society beginning on such date for 99 years at a rent of $1 per year for
use as a city museum.
Federal Payment for a National Museum of American Music and for Downtown
Revitalization
For a Federal contribution to the District of Columbia to establish
a National Museum of American Music and for downtown revitalization,
$700,000 which shall be deposited into an escrow account held by the
District of Columbia Financial Responsibility and Management Assistance
Authority, to remain available until expended: Provided, That $300,000
shall be available from this appropriation for the Federal City Council
to conduct a needs and design study for a National Museum of American
Music: Provided further, That $300,000 shall be available from this
appropriation for the Washington Center Alliance to further and promote
the objectives of the Interactive Downtown Task Force: Provided further,
That $100,000 shall be paid to Save New York Avenue, Inc., for the
further improvement of that portion of New York Avenue designated as the
Capital Gateway Corridor.
United States Park Police
For a Federal payment to the United States Park Police, $8,500,000,
to acquire, modify and operate a helicopter and to make necessary
capital expenditures to the Park Police aviation unit base: Provided,
That the Chief of the United States Park Police shall provide quarterly
financial reports during fiscal year 1999 on the expenditure of said
funds to the Committees on Appropriations of the Senate and House of
Representatives, the Committee on Governmental Affairs of the Senate,
and the Committee on Government Reform and Oversight of the House of
Representatives.
Federal Payment for Waterfront Improvements
For a Federal payment to the District of Columbia Department of
Housing and Community Development for a study in consultation
[[Page 112 STAT. 2681-125]]
with the United States Army Corps of Engineers of necessary improvements
to the Southwest Waterfront in the District of Columbia (including
upgrading marina dock pilings and paving and restoring walkways in the
marina and fish market areas) for the portions of Federal property in
the Southwest quadrant of the District of Columbia within Lots 847 and
848, a portion of Lot 846, and the unassessed Federal real property
adjacent to Lot 848 in Square 473, and for carrying out the improvements
recommended by the study, $3,000,000: Provided, That no portion of such
funds shall be available to the District of Columbia unless the District
of Columbia executes a 30-year lease with the existing lessees, or with
their successors in interest, of such portions of property not later
than 30 days after the existing lessees or their successors in interest
have submitted to the District of Columbia acceptable plans for
improvements and private financing: Provided further, That the District
of Columbia shall report its progress on this project on a quarterly
basis to the Committees on Appropriations of the House of
Representatives and the Senate.
Federal Payment for Mentoring Services
For a Federal payment to the International Youth Service and
Development Corps, Inc. for a mentoring program for at-risk children in
the District of Columbia, $200,000: Provided, That the International
Youth Service and Development Corps, Inc. shall submit to the Committees
on Appropriations of the House of Representatives and the Senate an
annual report due November 30, 1999, on the activities carried out with
such funds.
Federal Payment for Hotline Services
For a Federal payment to the International Youth Service and
Development Corps, Inc. for the operation of a resource hotline for low-
income individuals in the District of Columbia, $50,000: Provided, That
the International Youth Service and Development Corps, Inc. shall submit
to the Committees on Appropriations of the House of Representatives and
the Senate an annual report due November 30, 1999, on the activities
carried out with such funds.
Federal Payment for Public Education
For a Federal contribution to the public education system for public
charter schools, $15,622,000.
Federal Payment for Medicare Coordinated Care Demonstration Project in
the District of Columbia
For payment to the District of Columbia Financial Responsibility and
Management Assistance Authority, $3,000,000 for the continued funding of
a Medicare Coordinated Care Demonstration Project in the District of
Columbia as specified in section 4016(b)(2)(C) of the Balanced Budget
Act of 1997.
Federal Payment for Children's National Medical Center
For a Federal contribution to the Children's National Medical Center
in the District of Columbia, $1,000,000 for construction,
[[Page 112 STAT. 2681-126]]
renovation, and information technology infrastructure costs associated
with establishing community pediatric health clinics for high risk
children in medically underserved areas of the District of Columbia.
DISTRICT OF COLUMBIA FUNDS
OPERATING EXPENSES
Division of Expenses
The following amounts are appropriated for the District of Columbia
for the current fiscal year out of the general fund of the District of
Columbia, except as otherwise specifically provided.
Governmental Direction and Support
Governmental direction and support, $164,144,000 (including
$136,485,000 from local funds, $13,955,000 from Federal funds, and
$13,704,000 from other funds): Provided, That not to exceed $2,500 for
the Mayor, $2,500 for the Chairman of the Council of the District of
Columbia, and $2,500 for the Chief Management Officer shall be available
from this appropriation for official purposes: Provided further, That
any program fees collected from the issuance of debt shall be available
for the payment of expenses of the debt management program of the
District of Columbia: Provided further, That no revenues from Federal
sources shall be used to support the operations or activities of the
Statehood Commission and Statehood Compact Commission: Provided further,
That the District of Columbia shall identify the sources of funding for
Admission to Statehood from its own locally-generated revenues: 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, $159,039,000 (including
$45,162,000 from local funds, $83,365,000 from Federal funds, and
$30,512,000 from other funds), of which $12,000,000 collected by the
District of Columbia in the form of BID tax revenue shall be paid to the
respective BIDs pursuant to the Business Improvement Districts Act of
1996 (D.C. Law 11-134; D.C. Code, sec. 1-2271 et seq.), and the Business
Improvement Districts Temporary Amendment Act of 1997 (D.C. Law 12-23):
Provided, That such funds are available for acquiring services provided
by the General Services Administration: Provided further, That Business
Improvement Districts shall be exempt from taxes levied by the District
of Columbia.
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,
$755,786,000 (including $530,945,000 from local funds, $30,327,000 from
Federal funds, and $194,514,000 from other funds): Provided,
[[Page 112 STAT. 2681-127]]
That the Metropolitan Police Department is authorized to replace not to
exceed 25 passenger-carrying vehicles and the Department of Fire and
Emergency Medical Services of the District of Columbia is authorized to
replace not to exceed five passenger-carrying vehicles annually whenever
the cost of repair to any damaged vehicle exceeds
three-fourths of the cost of the replacement: Provided further, That not
to exceed $500,000 shall be available from this appropriation for the
Chief of Police for the prevention and detection of crime: Provided
further, That the Metropolitan Police Department shall provide quarterly
reports to the Committees on Appropriations of the House and Senate on
efforts to increase efficiency and improve the professionalism in the
department: Provided further, That notwithstanding any other provision
of law, or Mayor's Order 86-45, issued March 18, 1986, the Metropolitan
Police Department's delegated small purchase authority shall be
$500,000: Provided further, That the District of Columbia government may
not require the Metropolitan Police Department to submit to any other
procurement review process, or to obtain the approval of or be
restricted in any manner by any official or employee of the District of
Columbia government, for purchases that do not exceed $500,000: Provided
further, That the Mayor shall reimburse the District of Columbia
National Guard for expenses incurred in connection with services that
are performed in emergencies by the National Guard in a militia status
and are requested by the Mayor, in amounts that shall be jointly
determined and certified as due and payable for these services by the
Mayor and the Commanding General of the District of Columbia National
Guard: Provided further, That such sums as may be necessary for
reimbursement to the District of Columbia National Guard under the
preceding proviso shall be available from this appropriation, and the
availability of the sums shall be deemed as constituting payment in
advance for emergency services involved: Provided further, That the
Metropolitan Police Department is authorized to maintain 3,800 sworn
officers, with leave for a 50 officer attrition: Provided further, That
no more than 15 members of the Metropolitan Police Department shall be
detailed or assigned to the Executive Protection Unit, until the Chief
of Police submits a recommendation to the Council for its review:
Provided further, That $100,000 shall be available for inmates released
on medical and geriatric parole: Provided further, That commencing on
December 31, 1998, the Metropolitan Police Department shall provide to
the Committees on Appropriations of the Senate and House of
Representatives, the Committee on Governmental Affairs of the Senate,
and the Committee on Government Reform and Oversight of the House of
Representatives, quarterly reports on the status of crime reduction in
each of the 83 police service areas established throughout the District
of Columbia: Provided further, That funds appropriated for expenses
under the District of Columbia Criminal Justice Act, approved September
3, 1974 (88 Stat. 1090; Public Law 93-412; D.C. Code, sec. 11-2601 et
seq.), for the fiscal year ending September 30, 1999, shall be available
for obligations incurred under the Act in each fiscal year since
inception in the fiscal year 1975: Provided further, That funds
appropriated for expenses under the District of Columbia Neglect
Representation Equity Act of 1984, effective March 13, 1985 (D.C. Law 5-
129; D.C. Code, sec. 16-2304), for the fiscal year ending September 30,
1999, shall be available for obligations incurred under the Act in each
fiscal year
[[Page 112 STAT. 2681-128]]
since inception in the fiscal year 1985: Provided further, That funds
appropriated for expenses under the District of Columbia Guardianship,
Protective Proceedings, and Durable Power of Attorney Act of 1986,
effective February 27, 1987 (D.C. Law 6-204; D.C. Code, sec. 21-2060),
for the fiscal year ending September 30, 1999, shall be available for
obligations incurred under the Act in each fiscal year since inception
in fiscal year 1989.
Public Education System
Public education system, including the development of national
defense education programs, $788,956,000 (including $640,135,000 from
local funds, $125,869,000 from Federal funds, and $22,952,000 from other
funds), to be allocated as follows: $644,805,000 (including $545,000,000
from local funds, $95,121,000 from Federal
funds, and $4,684,000 from other funds), for the public schools of the
District of Columbia; $18,600,000 from local funds for the District of
Columbia Teachers' Retirement Fund; $27,857,000 (including $12,235,000
from local funds and $15,622,000 from Federal funds not including funds
already made available for District of Columbia public schools) for
public charter schools: Provided, That if the entirety of this
allocation has not been provided as payments to any public charter
schools currently in operation through the per pupil funding formula,
the funds shall be available for new public charter schools on a per
pupil basis: Provided further, That $480,000 of this amount shall be
available to the District of Columbia Public Charter School Board for
administrative costs: Provided further, That the Emergency Transitional
Education Board of Trustees shall report to Congress not later than
February 1, 1999, on the implementation of their policy to give
preference to newly created District of Columbia public charter schools
for surplus public school property; $72,088,000 (including $40,148,000
from local funds, $14,079,000 from Federal funds, and $17,861,000 from
other funds) for the University of the District of Columbia; $23,419,000
(including $22,326,000 from local funds, $686,000 from Federal funds,
and $407,000 from other funds) for the Public Library; $2,187,000
(including $1,826,000 from local funds and $361,000 from Federal funds)
for the Commission on the Arts and Humanities: Provided further, That
the public schools of the District of Columbia are authorized to accept
not to exceed 31 motor vehicles for exclusive use in the driver
education program: Provided further, That not to exceed $2,500 for the
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 $244,078 shall be used to reimburse the National Capital
Area Council of the Boy Scouts of America for services provided on
behalf of 12,600 students at 39 public schools in the District of
Columbia during fiscal year 1998 (including staff, curriculum, and
support materials): Provided further, That the Inspector General of the
District of Columbia shall certify not later than 30 days after the date
of the enactment of this Act whether or not the services were so
provided: Provided further, That the reimbursement shall be made not
later than 15 days after the Inspector General certifies that the
services were provided: Provided further, That none of the funds
contained in this Act may be made available to pay the salaries of any
District of Columbia Public School teacher, principal,
[[Page 112 STAT. 2681-129]]
administrator, official, or employee who knowingly provides false
enrollment or attendance information under article II, section 5 of the
Act entitled ``An Act to provide for compulsory school attendance, for
the taking of a school census in the District of Columbia, and for other
purposes'', approved February 4, 1925 (D.C. Code, sec. 31-401 et seq.):
Provided further, That this appropriation shall not be available to
subsidize the education of any nonresident of the District of Columbia
at any District of Columbia public elementary or secondary school during
fiscal year 1999 unless the nonresident pays tuition to the District of
Columbia at a rate that covers 100 percent of the costs incurred by the
District of Columbia which are attributable to the education of the
nonresident (as established by the Superintendent of the District of
Columbia Public Schools): Provided further, That this appropriation
shall not be available to subsidize the education of nonresidents of the
District of Columbia at the University of the District of Columbia,
unless the Board of Trustees of the University of the District of
Columbia adopts, for the fiscal year ending September 30, 1999, a
tuition rate schedule that will establish the tuition rate for
nonresident students at a level no lower than the nonresident tuition
rate charged at comparable public institutions of higher education in
the metropolitan area.
Human Support Services
Human support services, $1,514,751,000 (including $614,679,000 from
local funds, $886,682,000 from Federal funds, and $13,390,000 from other
funds): Provided, That $21,089,000 of this appropriation, to remain
available until expended, shall be available solely for District of
Columbia employees' disability compensation: Provided further, That a
peer review committee shall be established to review medical payments
and the type of service received by a disability compensation claimant:
Provided further, That the District of Columbia shall not provide free
government services such as water, sewer, solid waste disposal or
collection, utilities, maintenance, repairs, or similar services to any
legally constituted private nonprofit organization, as defined in
section 411(5) of the Stewart B. McKinney Homeless Assistance Act (101
Stat. 485; Public Law 100-77; 42 U.S.C. 11371), providing emergency
shelter services in the District, if the District would not be qualified
to receive reimbursement pursuant to such Act (101 Stat. 485; Public Law
100-77; 42 U.S.C. 11301 et seq.).
Public Works
Public works, including rental of one passenger-carrying vehicle for
use by the Mayor and three passenger-carrying vehicles for use by the
Council of the District of Columbia and leasing of passenger-carrying
vehicles, $266,912,000 (including $257,242,000 from local funds,
$3,216,000 from Federal funds, and $6,454,000 from other funds):
Provided, That this appropriation shall not be available for collecting
ashes or miscellaneous refuse from hotels and places of business.
Washington Convention Center Fund Transfer Payment
For payment to the Washington Convention Center Enterprise Fund,
$5,400,000 from local funds.
[[Page 112 STAT. 2681-130]]
Repayment of Loans and Interest
For reimbursement to the United States of funds loaned in compliance
with the Act entitled ``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 the Act entitled ``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 the Act entitled ``An Act to authorize
the Commissioners of the District of Columbia to plan, construct,
operate, and maintain a sanitary sewer to connect the Dulles
International Airport with the District of Columbia system'', approved
June 12, 1960 (74 Stat. 211; Public Law 86-515); sections 723 and 743(f)
of the District of Columbia Home Rule Act, approved December 24, 1973,
as amended (87 Stat. 821; Public Law 93-198; D.C. Code, sec. 47-321,
note; 91 Stat. 1156; Public Law 95-131; D.C. Code, sec. 9-219, note),
including interest as required thereby, $382,170,000 from local funds.
Repayment of General Fund Recovery Debt
For the purpose of eliminating the $331,589,000 general fund
accumulated deficit as of September 30, 1990, $38,453,000 from local
funds, as authorized by section 461(a) of the District of Columbia Home
Rule Act, approved December 24, 1973, as amended (105 Stat. 540; Public
Law 102-106; D.C. Code, sec. 47-321(a)(1)).
Payment of Interest on Short-Term Borrowing
For payment of interest on short-term borrowing, $11,000,000 from
local funds.
Certificates of Participation
For lease payments in accordance with the Certificates of
Participation involving the land site underlying the building located at
One Judiciary Square, $7,926,000 from local funds.
Human Resources Development
For human resources development, including costs of increased
employee training, administrative reforms, and an executive compensation
system, $6,674,000 from local funds.
Productivity Savings
The Chief Financial Officer of the District of Columbia shall, under
the direction of the District of Columbia Financial Responsibility and
Management Assistance Authority, make reductions of $10,000,000 in local
funds to one or more of the appropriation headings in this Act for
productivity savings.
[[Page 112 STAT. 2681-131]]
Receivership Programs
For all agencies of the District of Columbia government under court
ordered receivership, $318,979,000 (including $189,154,000 from local
funds, $96,691,000 from Federal funds, and $33,134,000 from other
funds): Provided, That, of the sums made available to the Commission on
Mental Health Services, $5,000,000 shall be available to a 501(c)(3)
nonprofit organization formed in 1991 and located in the District of
Columbia to finance capital improvements to community-based housing
facilities dedicated for use only by seriously and chronically mentally
ill individuals in the District of Columbia.
District of Columbia Financial Responsibility and Management Assistance
Authority
For the District of Columbia Financial Responsibility and Management
Assistance Authority, established by section 101(a) of the District of
Columbia Financial Responsibility and Management Assistance Act of 1995,
approved April 17, 1995 (109 Stat. 97; Public Law 104-8), $7,840,000:
Provided, That none of the funds contained in this Act may be used to
pay any compensation of the Executive Director or General Counsel of the
Authority at a rate in excess of the maximum rate of compensation which
may be paid to such individual during fiscal year 1999 under section 102
of such Act, as determined by the Comptroller General (as described in
GAO letter report B-279095.2).
ENTERPRISE FUNDS
Water and Sewer Authority and the Washington Aqueduct
For the Water and Sewer Authority and the Washington Aqueduct,
$273,314,000 from other funds (including $239,493,000 for the Water and
Sewer Authority and $33,821,000 for the Washington Aqueduct) of which
$39,933,000 shall be apportioned and payable to the District's debt
service fund for repayment of loans and interest incurred for capital
improvement projects.
Lottery and Charitable Games Enterprise Fund
For the Lottery and Charitable Games Enterprise Fund, established by
the District of Columbia Appropriation Act for the fiscal year ending
September 30, 1982, approved December 4, 1981 (95 Stat. 1174, 1175;
Public Law 97-91), as amended, for the purpose of implementing the Law
to Legalize Lotteries, Daily Numbers Games, and Bingo and Raffles for
Charitable Purposes in the District of Columbia, effective March 10,
1981 (D.C. Law 3-172; D.C. Code, secs. 2-2501 et seq. and 22-1516 et
seq.), $225,200,000: Provided, That the District of Columbia shall
identify the source of funding for this appropriation title from the
District's own locally-generated revenues: Provided further, That no
revenues from Federal sources shall be used to support the operations or
activities of the Lottery and Charitable Games Control Board.
[[Page 112 STAT. 2681-132]]
Cable Television Enterprise Fund
For the Cable Television Enterprise Fund, established by the Cable
Television Communications Act of 1981, effective October 22, 1983 (D.C.
Law 5-36; D.C. Code, sec. 43-1801 et seq.), $2,108,000 from local funds.
Public Service Commission
For the Public Service Commission, $5,026,000 (including $252,000
from Federal funds and $4,774,000 from other funds).
Office of the People's Counsel
For the Office of the People's Counsel, $2,501,000 from other funds.
Department of Insurance and Securities Regulation
For the Department of Insurance and Securities Regulation,
$7,001,000 from other funds.
Office of Banking and Financial Institutions
For the Office of Banking and Financial Institutions, $640,000
(including $390,000 from local funds and $250,000 from other funds).
Starplex Fund
For the Starplex Fund, $8,751,000 from other funds for expenses
incurred by the Armory Board in the exercise of its powers granted by
the Act entitled ``An Act To Establish A District of Columbia Armory
Board, and for other purposes'', approved June 4, 1948 (62 Stat. 339;
D.C. Code, sec. 2-301 et seq.) and the District of Columbia Stadium Act
of 1957, approved September 7, 1957 (71 Stat. 619; Public Law 85-300;
D.C. Code, sec. 2-321 et seq.): Provided, That the Mayor shall submit a
budget for the Armory Board for the forthcoming fiscal year as required
by section 442(b) of the District of Columbia Home Rule Act, approved
December 24, 1973 (87 Stat. 824; Public Law 93-198; D.C. Code, sec. 47-
301(b)).
D.C. General Hospital
For the District of Columbia General Hospital, established by
Reorganization Order No. 57 of the Board of Commissioners, effective
August 15, 1953, $113,599,000 of which $46,835,000 shall be derived by
transfer from the general fund and $66,764,000 shall be derived from
other funds.
D.C. Retirement Board
For the D.C. Retirement Board, established by section 121 of the
District of Columbia Retirement Reform Act of 1979, approved November
17, 1979 (93 Stat. 866; D.C. Code, sec. 1-711), $18,202,000 from the
earnings of the applicable retirement funds to pay legal, management,
investment, and other fees and administrative expenses of the District
of Columbia Retirement Board:
[[Page 112 STAT. 2681-133]]
Provided, That the District of Columbia Retirement Board shall provide
to the Congress and to the Council of the District of Columbia a
quarterly report of the allocations of charges by fund and of
expenditures of all funds: Provided further, That the District of
Columbia Retirement Board shall provide the Mayor, for transmittal to
the Council of the District of Columbia, an itemized accounting of the
planned use of appropriated funds in time for each annual budget
submission and the actual use of such funds in time for each annual
audited financial report.
Correctional Industries Fund
For the Correctional Industries Fund, established by the District of
Columbia Correctional Industries Establishment Act, approved October 3,
1964 (78 Stat. 1000; Public Law 88-622), $3,332,000 from other funds.
Washington Convention Center Enterprise Fund
For the Washington Convention Center Enterprise Fund, $53,539,000,
of which $5,400,000 shall be derived by transfer from the general fund.
PERSONNEL
The government of the District of Columbia shall employ no more than
32,900 FTE positions, exclusive of intra-District FTE positions, during
fiscal year 1999.
Capital Outlay
For construction projects, a net increase of $1,711,160,737
(including a rescission of $114,430,742 of which $24,437,811 is from
local funds and $89,992,931 is from highway trust funds appropriated
under this heading in prior fiscal years, and an additional
$1,825,591,479 of which $718,234,161 is from local funds, $24,452,538 is
from the highway trust fund, and $1,082,904,780 is from Federal funds),
to remain available until expended:
Provided, That funds for use of each capital project implementing agency
shall be managed and controlled in accordance with all procedures and
limitations established under the Financial Management System: Provided
further, That all funds provided by this appropriation title shall be
available only for the specific projects and purposes intended: Provided
further, That notwithstanding the foregoing, all authorizations for
capital outlay projects, except those projects covered by the first
sentence of section 23(a) of the Federal-Aid Highway Act of 1968,
approved August 23, 1968 (82 Stat. 827; Public Law 90-495; D.C. Code,
sec. 7-134, note), for which funds are provided by this appropriation
title, shall expire on September 30, 2000, except authorizations for
projects for which funds have been obligated in whole or in part prior
to September 30, 2000: Provided further, That upon expiration of any
such project authorization the funds provided herein for the project
shall lapse.
[[Page 112 STAT. 2681-134]]
General Provisions
Sec. 101. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such expenditures
are a matter of public record and available for public inspection,
except where otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 102. Except as otherwise provided in this Act, all vouchers
covering expenditures of appropriations contained in this Act shall be
audited before payment by the designated certifying official, and the
vouchers as approved shall be paid by checks issued by the designated
disbursing official.
Sec. 103. Whenever in this Act, an amount is specified within an
appropriation for particular purposes or objects of expenditure, such
amount, unless otherwise specified, shall be considered as the maximum
amount that may be expended for said purpose or object rather than an
amount set apart exclusively therefor.
Sec. 104. Appropriations in this Act shall be available, when
authorized by the Mayor, for allowances for privately owned automobiles
and motorcycles used for the performance of official duties at rates
established by the Mayor: Provided, That such rates shall not exceed the
maximum prevailing rates for such vehicles as prescribed in the Federal
Property Management Regulations 101-7 (Federal Travel Regulations).
Sec. 105. Appropriations in this Act shall be available for expenses
of travel and for the payment of dues of organizations concerned with
the work of the District of Columbia government, when authorized by the
Mayor: Provided, That, in the case of the Council of the District of
Columbia, funds may be expended with the authorization of the chair of
the Council.
Sec. 106. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of judgments that have been entered against the
District of Columbia government: Provided, That nothing contained in
this section shall be construed as modifying or affecting the provisions
of section 11(c)(3) of title XII of the District of Columbia Income and
Franchise Tax Act of 1947, approved March 31, 1956 (70 Stat. 78; Public
Law 84-460; D.C. Code, sec. 47-1812.11(c)(3)).
Sec. 107. Appropriations in this Act shall be available for the
payment of public assistance without reference to the requirement of
section 544 of the District of Columbia Public Assistance Act of 1982,
effective April 6, 1982 (D.C. Law 4-101; D.C. Code, sec. 3-205.44), and
for payment of the non-Federal share of funds necessary to qualify for
grants under subtitle A of title II of the Violent Crime Control and Law
Enforcement Act of 1994.
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
[[Page 112 STAT. 2681-135]]
the availability of school buildings for the use of any community or
partisan political group during non-school hours.
Sec. 110. None of the funds appropriated in this Act shall be made
available to pay the salary of any employee of the District of Columbia
government whose name, title, grade, salary, past work experience, and
salary history are not available for inspection by the House and Senate
Committees on Appropriations, the Subcommittee on the District of
Columbia of the House Committee on Government Reform and Oversight, the
Subcommittee on Oversight of Government Management, Restructuring and
the District of Columbia of the Senate Committee on Governmental
Affairs, and the Council of the District of Columbia, or their duly
authorized representative.
Sec. 111. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making payments
authorized by the District of Columbia Revenue Recovery Act of 1977,
effective September 23, 1977 (D.C. Law 2-20; D.C. Code, sec. 47-421 et
seq.).
Sec. 112. No part of this appropriation shall be used for publicity
or propaganda purposes or implementation of any policy including boycott
designed to support or defeat legislation pending before Congress or any
State legislature.
Sec. 113. At the start of the fiscal year, the Mayor shall develop
an annual plan, by quarter and by project, for capital outlay
borrowings: Provided, That within a reasonable time after the close of
each quarter, the Mayor shall report to the Council of the District of
Columbia and the Congress the actual borrowings and spending progress
compared with projections.
Sec. 114. The Mayor shall not borrow any funds for capital projects
unless the Mayor has obtained prior approval from the Council of the
District of Columbia, by resolution, identifying the projects and
amounts to be financed with such borrowings.
Sec. 115. The Mayor shall not expend any moneys borrowed for capital
projects for the operating expenses of the District of Columbia
government.
Sec. 116. None of the funds provided under this Act to the agencies
funded by this Act, both Federal and District government agencies, that
remain available for obligation or expenditure in fiscal year 1999, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure for an agency through a
reprogramming of funds which: (1) creates new programs; (2) eliminates a
program, project, or activity; (3) establishes or changes allocations
specifically denied, limited or increased by Congress in the Act; (4)
increases funds or personnel by any means for any project or activity
for which funds have been denied or restricted; (5) reestablishes
through reprogramming any program or project previously deferred through
reprogramming; (6) augments existing programs, projects, or activities
through a reprogramming of funds in excess of $1,000,000 or 10 percent,
whichever is less; or (7) increases by 20 percent or more personnel
assigned to a specific program, project or activity; unless the
Appropriations Committees of both the Senate and House of
Representatives are notified in writing thirty days in advance of any
reprogramming as set forth in this section.
Sec. 117. None of the Federal funds provided in this Act shall be
obligated or expended to provide a personal cook, chauffeur,
[[Page 112 STAT. 2681-136]]
or other personal servants to any officer or employee of the District of
Columbia.
Sec. 118. None of the Federal funds provided in this Act shall be
obligated or expended to procure passenger automobiles as defined in the
Automobile Fuel Efficiency Act of 1980, approved October 10, 1980 (94
Stat. 1824; Public Law 96-425; 15 U.S.C. 2001(2)), with an Environmental
Protection Agency estimated miles per gallon average of less than 22
miles per gallon: Provided, That this section shall not apply to
security, emergency rescue, or armored vehicles.
Sec. 119. (a) Notwithstanding section 422(7) of the District of
Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 790; Public
Law 93-198; D.C. Code, sec. 1-242(7)), the City Administrator shall be
paid, during any fiscal year, a salary at a rate established by the
Mayor, not to exceed the rate established for Level IV of the Executive
Schedule under 5 U.S.C. 5315.
(b) For purposes of applying any provision of law limiting the
availability of funds for payment of salary or pay in any fiscal year,
the highest rate of pay established by the Mayor under subsection (a) of
this section for any position for any period during the last quarter of
calendar year 1998 shall be deemed to be the rate of pay payable for
that position for September 30, 1998.
(c) Notwithstanding section 4(a) of the District of Columbia
Redevelopment Act of 1945, approved August 2, 1946 (60 Stat. 793; Public
Law 79-592; D.C. Code, sec. 5-803(a)), the Board of Directors of the
District of Columbia Redevelopment Land Agency shall be paid, during any
fiscal year, per diem compensation at a rate established by the Mayor.
Sec. 120. Notwithstanding any other provisions of law, the
provisions of the District of Columbia Government Comprehensive Merit
Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C.
Code, sec. 1-601.1 et seq.), enacted pursuant to section 422(3) of the
District of Columbia Home Rule Act, 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 Office of Property Management may pay
rentals and repair, alter, and improve rented premises, without regard
to the provisions of section 322 of the Economy Act of 1932 (Public Law
72-212; 40 U.S.C. 278a), based upon a determination by the 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, 1999, the Mayor of the District
of Columbia shall submit to the Council of the District of Columbia the
new fiscal year 1999 revenue estimates as of the end of the first
quarter of fiscal year 1999. These estimates shall be used in the budget
request for the fiscal year ending September 30, 2000. The officially
revised estimates at midyear shall be used for the midyear report.
Sec. 123. No sole source contract with the District of Columbia
government or any agency thereof may be renewed or extended
[[Page 112 STAT. 2681-137]]
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.
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.
Sec. 126. (a) An entity of the District of Columbia government may
accept and use a gift or donation during fiscal year 1999 if--
(1) the Mayor approves the acceptance and use of the gift or
donation: Provided, That the Council of the District of Columbia
may accept and use gifts without prior approval by the Mayor;
and
(2) the entity uses the gift or donation to carry out its
authorized functions or duties.
(b) Each entity of the District of Columbia government shall keep
accurate and detailed records of the acceptance and use of any gift or
donation under subsection (a) of this section, and shall make such
records available for audit and public inspection.
(c) For the purposes of this section, the term ``entity of the
District of Columbia government'' includes an independent agency of the
District of Columbia.
(d) This section shall not apply to the District of Columbia Board
of Education, which may, pursuant to the laws and regulations of the
District of Columbia, accept and use gifts to the public schools without
prior approval by the Mayor.
Sec. 127. None of the Federal funds provided in this Act may be used
by the District of Columbia to provide for salaries, expenses, or other
costs associated with the offices of United States Senator
[[Page 112 STAT. 2681-138]]
or United States Representative under section 4(d) of the District of
Columbia Statehood Constitutional Convention Initiatives of 1979,
effective March 10, 1981 (D.C. Law 3-171; D.C. Code, sec. 1-113(d)).
Sec. 128. (a) The University of the District of Columbia shall
submit to the Mayor, the District of Columbia Financial Responsibility
and Management Assistance Authority (hereafter in this section referred
to as ``Authority''), and the Council of the District of Columbia
(hereafter in this section referred to as ``Council'') no later than 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 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;
(3) 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;
(4) 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
(5) 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.
(b) The Mayor, the Authority, and the Council shall provide the
Congress by February 1, 2000, a summary, analysis, and recommendations
on the information provided in the monthly reports.
Sec. 129. Funds authorized or previously appropriated to the
government of the District of Columbia by this or any other Act to
procure the necessary hardware and installation of new software,
conversion, testing, and training to improve or replace its financial
management system are also available for the acquisition of accounting
and financial management services and the leasing of necessary hardware,
software or any other related goods or services, as determined by the
District of Columbia Financial Responsibility and Management Assistance
Authority.
Sec. 130. None of the funds contained in this Act may be made
available to pay the fees of an attorney who represents a party who
prevails in an action, including an administrative proceeding, brought
against the District of Columbia Public Schools under the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.) if--
[[Page 112 STAT. 2681-139]]
(1) the hourly rate of compensation of the attorney exceeds
the hourly rate of compensation under section 11-2604(a),
District of Columbia Code; or
(2) the maximum amount of compensation of the attorney
exceeds the maximum amount of compensation under section 11-
2604(b)(1), District of Columbia Code, except that compensation
and reimbursement in excess of such maximum may be approved for
extended or complex representation in accordance with section
11-2604(c), District of Columbia Code.
Sec. 131. <<NOTE: Abortion.>> 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. 132. U.S. Army Corps of Engineers Services to District of
Columbia Public Schools. In using funds made available under this Act or
any other Act for the repair and improvement of the District of
Columbia's public school facilities, any entity of the District of
Columbia government, including the District of Columbia Financial
Responsibility and Management Assistance Authority, or its designee, may
place orders for engineering and construction and related services with
the Chief of Engineers of the U.S. Army Corps of Engineers. The
Chief of Engineers may accept such orders on a reimbursable basis and
may provide any part of such services by contract. In providing such
services, the Chief of Engineers shall follow the Federal Acquisition
Regulations and the implementing Department of Defense regulations. This
section shall apply to fiscal year 1999 and each fiscal year thereafter.
Sec. 133. None of the funds made available in this Act may be used
to implement or enforce the Health Care Benefits Expansion Act of 1992
(D.C. Law 9-114; D.C. Code, sec. 36-1401 et seq.) or to otherwise
implement or enforce any system of registration of unmarried, cohabiting
couples (whether homosexual, heterosexual, or lesbian), including but
not limited to registration for the purpose of extending employment,
health, or governmental benefits to such couples on the same basis that
such benefits are extended to legally married couples.
Sec. 134. 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 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 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;
(3) 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 District
[[Page 112 STAT. 2681-140]]
of Columbia 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;
(4) all reprogramming requests and reports that are required
to be, and have been, submitted to the Board of Education; and
(5) 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. 135. (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 1998, fiscal year 1999, and
thereafter on 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. 136. (a) No later than October 1, 1998, or within 30 calendar
days after the date of the enactment of this Act, whichever occurs
later, and each succeeding year, the Superintendent of the District of
Columbia Public Schools and the University of the District of Columbia
shall submit to the appropriate congressional committees, the Mayor, the
District of Columbia Council, the Consensus Commission, and the District
of Columbia Financial Responsibility and Management Assistance
Authority, a revised appropriated funds operating budget for the public
school system and the University of the District of Columbia for such
fiscal year that is in the total amount of the approved appropriation
and that realigns budgeted data for personal services and other-than-
personal services, respectively, with anticipated actual expenditures.
(b) The revised budget required by subsection (a) of this section
shall be submitted in the format of the budget that the Superintendent
of the District of Columbia Public Schools and the University of the
District of Columbia submit to the Mayor of the District
[[Page 112 STAT. 2681-141]]
of Columbia for inclusion in the Mayor's budget submission to the
Council of the District of Columbia pursuant to section 442 of the
District of Columbia Home Rule Act, Public Law 93-198, as amended (D.C.
Code, sec. 47-301).
Sec. 137. The Emergency Transitional Education Board of Trustees,
the Board of Trustees of the University of the District of Columbia, the
Board of Library Trustees, and the Board of Governors of the University
of the District of Columbia School of Law shall vote on and approve
their respective annual or revised budgets before submission to the
Mayor of the District of Columbia for inclusion in the Mayor's budget
submission to the Council of the District of Columbia in accordance with
section 442 of the District of Columbia Home Rule Act, Public Law 93-
198, as amended (D.C. Code, sec. 47-301), or before submitting their
respective budgets directly to the Council.
Sec. 138. (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 1999 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) $5,211,920,000 (of which $132,912,000 shall be
from intra-District funds and $2,865,763,000 shall be
from local 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; or
(ii) after notification to the Council,
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 that are approved by
the Authority.
(2) Enforcement.--The Chief Financial Officer of the
District of Columbia and the Authority shall take such steps as
are necessary to assure that the District of Columbia meets the
requirements of this section, including the apportioning by the
Chief Financial Officer of the appropriations and funds made
available to the District during fiscal year 1999, except that
the Chief Financial Officer may not reprogram for operating
expenses any funds derived from bonds, notes, or other
obligations issued for capital projects.
(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, during a
control year, as defined in section 305(4) of the District of
Columbia Financial Responsibility and Management Assistance Act
of 1995, approved April 17, 1995 (Public Law 104-8; 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.
[[Page 112 STAT. 2681-142]]
(2) Requirement of chief financial officer report and
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 of
Columbia submits to the Authority a report setting forth
detailed information regarding such grant; and
(B) the 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 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) of this subsection or in anticipation of the
approval or receipt of a Federal, private, or other grant not
subject to such paragraph.
(4) Monthly reports.--The Chief Financial Officer of the
District of Columbia 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.
(c) Report on Expenditures by Financial Responsibility and
Management Assistance Authority.--Not later than 20 calendar days after
the end of each fiscal quarter starting October 1, 1998, the Authority
shall submit a report to the Committees on Appropriations of the 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 for the quarter. The report
shall include information on the date, amount, purpose, and vendor name,
and a description of the services or goods provided with respect to the
expenditures of such funds.
(d) Application of Excess Revenues.--Local revenues collected in
excess of amounts required to support appropriations in this Act for
operating expenses for the District of Columbia for fiscal year 1999
under the caption ``Division of Expenses'' shall be applied first to the
elimination of the general fund accumulated deficit; second to a reserve
account not to exceed $250,000,000 to be used to finance seasonal cash
needs (in lieu of short term borrowings); third to accelerate repayment
of cash borrowed from the Water and Sewer Fund; and fourth to reduce the
outstanding long-term debt.
Sec. 139. University of the District of Columbia Investment
Authority. Section 108(b) of the District of Columbia Public Education
Act (D.C. Code, sec. 31-1408) is amended by striking the period at the
end of the sentence and adding the phrase ``, except that the funds
appropriated in this section also may be invested in equity-based
securities if approved by the Chief Financial Officer of the District of
Columbia.''.
[[Page 112 STAT. 2681-143]]
Sec. 140. If a department or agency of the government of the
District of Columbia is under the administration of a court-appointed
receiver or other court-appointed official during fiscal year 1999 or
any succeeding fiscal year, the receiver or official shall prepare and
submit to the Mayor, for inclusion in the annual budget of the District
of Columbia for the year, annual estimates of the expenditures and
appropriations necessary for the maintenance and operation of the
department or agency. All such estimates shall be forwarded by the Mayor
to the Council, for its action pursuant to sections 446 and 603(c) of
the District of Columbia Home Rule Act, without revision but subject to
the Mayor's recommendations. Notwithstanding any provision of the
District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat.
790; Public Law 93-198; D.C. Code sec. 1-101 et seq.) the Council may
comment or make recommendations concerning such annual estimates but
shall have no authority under such Act to revise such estimates.
Sec. 141. The District of Columbia Financial Responsibility and
Management Assistance Authority and the Superintendent of the District
of Columbia Public Schools are hereby directed to report to the
Appropriations Committees of the Senate and the House of
Representatives, the Committee on Governmental Affairs of the Senate,
and the Committee on Government Reform and Oversight of the House of
Representatives not later than April 1, 1999, on all measures necessary
and steps to be taken to ensure that the District's Public Schools open
on time to begin the 1999-2000 academic year.
Sec. 142. (a) Notwithstanding any other provision of law, rule, or
regulation, an employee of the District of Columbia public schools shall
be--
(1) classified as an Educational Service employee;
(2) placed under the personnel authority of the Board of
Education; and
(3) subject to all Board of Education rules.
(b) School-based personnel shall constitute a separate competitive
area from nonschool-based personnel who shall not compete with school-
based personnel for retention purposes.
Sec. 143. (a) Restrictions on Use of Official Vehicles.--(1) Except
as otherwise provided in this section, none of the funds made available
by this Act or by any other Act may be used to provide any officer or
employee of the District of Columbia with an official vehicle unless the
officer or employee uses the vehicle only in the performance of the
officer's or employee's official duties. For purposes of this paragraph,
the term ``official duties'' does not include travel between the
officer's or employee's residence and workplace (except in the case of
an officer or employee of the Metropolitan Police Department who resides
in the District of Columbia or is otherwise designated by the Chief of
the Department).
(2) Paragraph (1) shall not apply with respect to any vehicle
provided to the officer of the Metropolitan Police Department who was
wounded in the line of duty and who is referred to in the letter of July
15, 1998, from the Chief of the Department to the Chair of the
Subcommittee on the District of Columbia of the Committee on
Appropriations of the House of Representatives. Notwithstanding any
other provision of law, the Chief may donate the vehicle to such officer
as a gift on behalf of the District of
[[Page 112 STAT. 2681-144]]
Columbia, and the donation shall not be subject to any Federal, State,
or local income or gift tax.
(3) The Chief Financial Officer of the District of Columbia shall
submit, by November 15, 1998, an inventory, as of September 30, 1998, of
all vehicles owned, leased or operated by the District of Columbia
government. The inventory shall include, but not be limited to, the
department to which the vehicle is assigned; the year and make of the
vehicle; the acquisition date and cost; the general condition of the
vehicle; annual operating and maintenance costs; current mileage; and
whether the vehicle is allowed to be taken home by a District officer or
employee and if so, the officer or employee's title and resident
location.
Sec. 144. (a) Source of Payment for Employees Detailed Within
Government.--For purposes of determining the amount of funds expended by
any entity within the District of Columbia government during fiscal year
1999 and each succeeding fiscal year, any expenditures of the District
government attributable to any officer or employee of the District
government who provides services which are within the authority and
jurisdiction of the entity (including any portion of the compensation
paid to the officer or employee attributable to the time spent in
providing such services) shall be treated as expenditures made from the
entity's budget, without regard to whether the officer or employee is
assigned to the entity or otherwise treated as an officer or employee of
the entity.
(b) Modification of Reduction in Force Procedures.--The District of
Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C.
Code, sec. 1-601.1 et seq.), as amended, is further amended in section
2408(a) by deleting ``1998'' and inserting, ``1999''; in subsection (b),
by deleting ``1998'' and inserting, ``1999''; in subsection (i), by
deleting ``1998'' and inserting, ``1999''; and in subsection (k), by
deleting ``1998'' and inserting, ``1999''.
Sec. 145. Assessment and Placement of Special Education Students.
Notwithstanding any other provision of law, not later than 120 days
after the date that a District of Columbia Public Schools [DCPS] student
is referred for evaluation or assessment--
(1) the District of Columbia Board of Education (referred to
in this section as the ``Board''),
or its successor and DCPS shall assess or evaluate a student who may
have a disability and who may require special education services; and
(2) if a student is classified as having a disability, as
defined in section 101(a)(1) of the Individuals with
Disabilities Education Act (84 Stat. 175; 20 U.S.C. 1401(a)(1))
or in section 7(8) of the Rehabilitation Act of 1973 (87 Stat.
359; 29 U.S.C. 706(8)), the Board and DCPS shall place that
student in an appropriate program of special education services.
Sec. 146. (a) Compliance With Buy American Act.--None of the funds
made available in this Act may be expended by an entity unless the
entity agrees that in expending the funds the entity will comply with
the Buy American Act (41 U.S.C. 10a-10c).
(b) Sense of the Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In
the case of any equipment or product that may be authorized to
be purchased with financial assistance provided using funds made
available in this Act, it is the sense
[[Page 112 STAT. 2681-145]]
of the Congress that entities receiving the assistance should,
in expending the assistance, purchase only American-made
equipment and products to the greatest extent practicable.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act, the
head of each agency of the Federal or District of Columbia
government shall provide to each recipient of the assistance a
notice describing the statement made in paragraph (1) by the
Congress.
Tuesday, April 2, 2013
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