Home > 105th Congressional Bills > H.R. 4381 (ih) To amend the Internal Revenue Code of 1986 to provide for a nonrefundable tax credit for law enforcement officers who purchase armor vests, and for other purposes. ...H.R. 4381 (ih) To amend the Internal Revenue Code of 1986 to provide for a nonrefundable tax credit for law enforcement officers who purchase armor vests, and for other purposes. ...
to the Congress, the Mayor, the District of Columbia Financial
Responsibility and Management Assistance Authority, and the Council of
the District of Columbia no later than fifteen (15) calendar days after
the end of each month a report that sets forth--
(1) current month expenditures and obligations, year-to-
date expenditures and obligations, and total fiscal year
expenditure projections versus budget broken out on the basis
of control center, responsibility center, and object class, and
for all funds, non-appropriated funds, and capital financing;
(2) a 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.
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. (a) 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 brought against the District of Columbia Public
Schools under the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.) if--
(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.
(b) 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 administrative proceeding under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.).
Sec. 131. None of the funds contained in this Act may be available
for the operations of any department, agency, or entity (other than the
District of Columbia Water and Sewer Authority, the Washington
Convention Center Authority, or any operations for borrowing activities
under part E of title IV of the District of Columbia Home Rule Act)
unless appropriated by Congress in an annual appropriations Act.
Sec. 132. 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. 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 fifteen (15) calendar
days after the end of each month a report that sets forth--
(1) current month expenditures and obligations, year-to-
date expenditures and obligations, and total fiscal year
expenditure projections versus budget broken out on the basis
of control center, responsibility center, agency reporting
code, and object class, and for all funds, including capital
financing;
(2) a 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 D.C.
Public Schools; payments made in the last month and year-to-
date, the total amount of the contract and total payments made
for the contract and any modifications, extensions, renewals;
and specific modifications made to each contract in the last
month;
(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 15 calendar
days after the date of the enactment of this Act, which ever occurs
later, and each succeeding year, the Emergency Transitional Education
Board of Trustees and the University of the District of Columbia shall
submit to the appropriate congressional committees, the Mayor, the
District of Columbia Council, the Consensus Commission, and the
District of Columbia Financial Responsibility and Management Assistance
Authority, a revised appropriated funds operating budget for the public
school system and the University of the District of Columbia for such
fiscal year that is in the total amount of the approved appropriation
and that realigns budgeted data for personal services and other-than-
personal services, respectively, with anticipated actual expenditures.
(b) The revised budget required by subsection (a) of this section
shall be submitted in the format of the budget that the Emergency
Transition Education Board of Trustees and the University of the
District of Columbia submit to the Mayor of the District of Columbia
for inclusion in the Mayor's budget submission to the Council of the
District of Columbia pursuant to section 442 of the District of
Columbia 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) $5,216,689,000 (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) Reserve fund.--To the extent that the sum of the total
revenues of the District of Columbia for such fiscal year
exceed the total amount provided for in paragraph (2)(B), the
Chief Financial Officer of the District of Columbia, with the
approval of the Authority, may credit up to ten percent (10%)
of the amount of such difference, not to exceed $3,300,000, to
a reserve fund which may be expended for operating purposes in
future fiscal years, in accordance with the financial plans and
budgets for such years.
(3) 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.
(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. The District of Columbia Emergency Transitional Education
Board of Trustees shall, subject to the contract approval provisions of
the District of Columbia Financial Responsibility and Management
Assistance Act of 1995 (Public Law 104-8)--
(1) develop a comprehensive plan to identify and accomplish
energy conservation measures to achieve maximum cost-effective
energy and water savings;
(2) enter into innovate financing and contractual
mechanisms including, but not limited to, utility demand-side
management programs, and energy savings performance contracts
and water conservation performance contracts so long as the
terms of such contracts do not exceed 25 years; and
(3) permit and encourage each department or agency and
other instrumentality of the District of Columbia to
participate in programs conducted by any gas, electric or water
utility of the management of electricity or gas demand or for
energy or water conservation.
Sec. 140. (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. 141. (a) Restrictions on Use of Official Vehicles.--(1) 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 a police officer who resides in the
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