Pub.L. 105-101 To amend chapter 91 of title 18, United States Code, to provide criminal penalties for theft and willful vandalism at national cemeteries. <> ...

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          DISTRICT OF COLUMBIA APPROPRIATIONS, FISCAL YEAR 1998

[[Page 111 STAT. 2160]]

Public Law 105-100
105th Congress

                                 An Act


 
Making appropriations for the government of the District of Columbia and 
other activities chargeable in whole or in part against the revenues of 
  said District for the fiscal year ending September 30, 1998, and for 
         other purposes. <<NOTE: Nov. 19, 1997 -  [H.R. 2607]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the District of Columbia for the fiscal year ending 
September 30, 1998, and for other purposes, namely:

 TITLE I--FISCAL YEAR 1998 APPROPRIATIONS <<NOTE: District of Columbia 
Appropriations Act, 1998.>> 

                              FEDERAL FUNDS

                  Federal Payment for Management Reform

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

     Federal Contribution to the Operations of the Nation's Capital

    For a Federal contribution to the District of Columbia toward the 
costs of the operation of the government of the District of Columbia, 
$190,000,000, which shall be deposited into an escrow account held by 
the District of Columbia Financial Responsibility and Management 
Assistance Authority, which shall allocate the funds to the Mayor at 
such intervals and in accordance with such terms and conditions as it 
considers appropriate to implement the financial plan for the year: 
Provided, That these funds may be used by the District of Columbia for 
the costs of advances to the District government as authorized by 
section 11402 of the National Capital Revitalization and Self-Government 
Improvement Act of 1997, Public Law 105-33: Provided further, That not 
less than $30,000,000 shall be used by the District of Columbia to repay 
the accumulated general fund deficit.

[[Page 111 STAT. 2161]]

    Federal Payment to the District of Columbia Corrections Trustee 
                               Operations

    For payment to the District of Columbia Corrections Trustee, 
$169,000,000 for the administration and operation of correctional 
facilities 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.

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

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

               Federal Payment to the District of Columbia

                         criminal justice system

                      (including transfer of funds)

    Notwithstanding any other provision of law, $108,000,000 for payment 
to the Joint Committee on Judicial Administration in the District of 
Columbia for operation of the District of Columbia Courts, including 
pension costs: Provided, That said sums 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, said services to include the preparation and submission 
of monthly financial reports 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; of which not to 
exceed $750,000 shall be available for establishment and operations of 
the District of Columbia Truth in Sentencing Commission as authorized by 
section 11211 of the National Capital Revitalization and Self-Government 
Improvement Act of 1997, Public Law 105-33.
    Notwithstanding any other provision of law, for an additional 
amount, $43,000,000, for payment to the Offender Supervision Trustee to 
be available only for obligation by the Offender Supervision Trustee; of 
which $26,855,000 shall be available for Parole, Adult Probation and 
Offender Supervision; of which $9,000,000 shall be available to the 
Public Defender Service; of which $6,345,000 shall be available to the 
Pretrial Services Agency; and of which not to exceed $800,000 shall be 
transferred to the United States Parole Commission to implement section 
11231 of the National Capital Revitalization and Self-Government 
Improvement Act of 1997, Public Law 105-33.

[[Page 111 STAT. 2162]]

                       DISTRICT OF COLUMBIA FUNDS

                           OPERATING EXPENSES

                          Division of Expenses

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

                   Governmental Direction and Support

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

                   Economic Development and Regulation

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

                        Public Safety and Justice

    Public safety and justice, including purchase or lease of 135 
passenger-carrying vehicles for replacement only, including 130 for 
police-type use and five for fire-type use, without regard to the 
general purchase price limitation for the current fiscal year, 
$529,739,000 (including $510,326,000 from local funds, $13,519,000 from 
Federal funds, and $5,894,000 from other funds): Provided, That the 
Metropolitan Police Department is authorized to replace not to exceed 25 
passenger-carrying vehicles and the Department of Fire and Emergency 
Medical Services of the District of Columbia is authorized to replace 
not to exceed five passenger-carrying vehicles annually whenever the 
cost of repair to any damaged vehicle exceeds three-fourths of the cost 
of the replacement: Provided further, That not to exceed $500,000 shall 
be available from

[[Page 111 STAT. 2163]]

this appropriation for the Chief of Police for the prevention and 
detection of crime: Provided further, <<NOTE: Reports.>>  That the 
Metropolitan Police Department shall provide quarterly reports to the 
Committees on Appropriations of the House and Senate on efforts to 
increase efficiency and improve the professionalism in the department: 
Provided further, That notwithstanding any other provision of law, or 
Mayor's Order 86-45, issued March 18, 1986, the Metropolitan Police 
Department's delegated small purchase authority shall be $500,000: 
Provided further, That the District of Columbia government may not 
require the Metropolitan Police Department to submit to any other 
procurement review process, or to obtain the approval of or be 
restricted in any manner by any official or employee of the District of 
Columbia government, for purchases that do not exceed $500,000: Provided 
further, That the Mayor shall reimburse the District of Columbia 
National Guard for expenses incurred in connection with services that 
are performed in emergencies by the National Guard in a militia status 
and are requested by the Mayor, in amounts that shall be jointly 
determined and certified as due and payable for these services by the 
Mayor and the Commanding General of the District of Columbia National 
Guard: Provided further, That such sums as may be necessary for 
reimbursement to the District of Columbia National Guard under the 
preceding proviso shall be available from this appropriation, and the 
availability of the sums shall be deemed as constituting payment in 
advance for emergency services involved: Provided further, That the 
Metropolitan Police Department is authorized to maintain 3,800 sworn 
officers, with leave for a 50 officer attrition: Provided further, That 
no more than 15 members of the Metropolitan Police Department shall be 
detailed or assigned to the Executive Protection Unit, until the Chief 
of Police submits a recommendation to the Council for its review: 
Provided further, That $100,000 shall be available for inmates released 
on medical and geriatric parole: Provided further, That not less than 
$2,254,754 shall be available to support a pay raise for uniformed 
firefighters, when authorized by the District of Columbia Council and 
the District of Columbia Financial Responsibility and Management 
Assistance Authority, which funding will be made available as savings 
achieved through actions within the appropriated budget: Provided 
further, <<NOTE: Reports.>>  That, commencing on December 31, 1997, 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, 1998, shall be available for obligations incurred under 
the Act in each fiscal year since inception in 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, 1998, shall be available for 
obligations incurred under the Act in each fiscal year since inception 
in fiscal year 1985: Provided further, That funds appropriated for 
expenses under

[[Page 111 STAT. 2164]]

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, 1998, 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, $672,444,000 (including $530,197,000 from 
local funds, $112,806,000 from Federal funds, and $29,441,000 from other 
funds), to be allocated as follows: $564,129,000 (including $460,143,000 
from local funds, $98,491,000 from Federal funds, and $5,495,000 from 
other funds), for the public schools of the District of Columbia; 
$8,900,000 from local funds for the District of Columbia Teachers' 
Retirement Fund; $3,376,000 from local 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 $400,000 be available to the 
District of Columbia Public Charter School Board for administrative 
costs: Provided further, That if the entirety of this allocation has not 
been provided as payment to one or more public charter schools by May 1, 
1998, and remains unallocated, the funds shall be deposited into a 
special revolving loan fund described in section 172 of this Act to be 
used solely to assist existing or new public charter schools in meeting 
startup and operating costs: Provided further, <<NOTE: Reports.>>  That 
the Emergency Transitional Education Board of Trustees of the District 
of Columbia shall report to Congress not later than 120 days after the 
date of enactment of this Act on the capital needs of each public 
charter school and whether the current per pupil funding formula should 
reflect these needs: Provided further, That until the Emergency 
Transitional Education Board of Trustees reports to Congress as provided 
in the preceding proviso, the Emergency Transitional Education Board of 
Trustees shall take appropriate steps to provide public charter schools 
with assistance to meet capital expenses in a manner that is equitable 
with respect to assistance provided to other District of Columbia public 
schools: Provided further, <<NOTE: Reports.>>  That the Emergency 
Transitional Education Board of Trustees shall report to Congress not 
later than November 1, 1998, on the implementation of their policy to 
give preference to newly created District of Columbia public charter 
schools for surplus public school property; $74,087,000 (including 
$37,791,000 from local funds, $12,804,000 from Federal funds, and 
$23,492,000 from other funds) for the University of the District of 
Columbia; $22,036,000 (including $20,424,000 from local funds, 
$1,158,000 from Federal funds, and $454,000 from other funds) for the 
Public Library; $2,057,000 (including $1,704,000 from local funds and 
$353,000 from Federal funds) for the Commission on the Arts and 
Humanities: Provided further, That the public schools of the District of 
Columbia are authorized to accept not to exceed 31 motor vehicles for 
exclusive use in the driver education program: Provided further, That 
not to exceed $2,500 for the Superintendent of Schools, $2,500 for

[[Page 111 STAT. 2165]]

the President of the University of the District of Columbia, and $2,000 
for the Public Librarian shall be available from this appropriation for 
official purposes: Provided further, That not less than $1,200,000 shall 
be available for local school allotments in a restricted line item: 
Provided further, That not less than $4,500,000 shall be available to 
support kindergarten aides in a restricted line item: Provided further, 
That not less than $2,800,000 shall be available to support substitute 

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