Public Law 95–373

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, 1979, and for other purposes, namely:

TITLE I— TEMPORARY COMMISION ON FINANCIAL OVERSIGHT OF THE DISTRICT OF COLUMBIA

Salaries and Expenses For salaries and expenses necessary to carry out the provisions of the Act creating the Temporary Commission on Financial Oversight of the District of Columbia (Public Law 94–399), $3,000,000, which shall be available until extended: Provided, That the Temporary Commission on Financial Oversight of the District of Columbia shall have the power to appoint, fix the compensation of and remove an Executive Director and additional staff members without regard to chapter 51, subchapters III and VI of chapter 53, and chapter 75 of title 5, United States Code, and those provisions of such title relating to the appointment in the competitive service. For purposes of pay (other than pay of the Executive Director) and employment benefits, rights, and privileges, all personnel of the Commission shall be treated as Congressional employees. The Executive Director may be paid compensation at a rate not to exceed the rate prescribed for level IV of the Federal Executive Salary Schedule.

TITLE II— DISTRICT OF COLUMBIA

Federal Payment to the District of Columbia For payment to the District of Columbia for the fiscal year ending September 30, 1979, $285,000,000, as authorized by the District of Columbia Self-Government and Governmental Reorganization Act, Public Law 93–198, as amended (D.C. Code 47–2501d); and $10,300,000 in lieu of reimbursements for charges for water and water services and sanitary sewer services furnished to facilities of the United States Government as authorized by the Act of May 18, 1954, as amended (D.C. Code 43–1541 and 1611): Provided, That there is hereby appropriated out of any money in the Treasury not otherwise appropriated, $9,900,000, without fiscal year limitation, for the purposes of the sinking fund established by section 6(a) of the District of Columbia Stadium Act of 1957, as amended.

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: General Operating Expenses General operating expenses, $93,765,300, of which $799,300 shall be payable from the revenue sharing trust fund: Provided, That not to exceed $2,500 for the Mayor and $2,500 for the Chairman of the Council of the District of Columbia shall be available from this appropriation for expenditures for official purposes: Provided further, That, for the purpose of assessing and reassessing real property in tile District of Columbia, $5,000 of this appropriation shall be available for services as authorized by 5 U.S.C. 3109, but at rates for individuals not in excess of $100 per diem: Provided further, That not to exceed $7,500 of this appropriation shall be available for test borings and soil investigations: Provided further, That $5,835,500 of this appropriation, to remain available until expended, shall be available solely for District of Columbia employees’ disability compensation: Provided further, That not to exceed $325,000 of this appropriations shall be available for settlement of property damage claims not in excess of $1,500 each and personal injury claims not in excess of $5,000 each: Provided further, That not to exceed $50,000 of any appropriations available to the District of Columbia may be used to match financial contributions from the Department of Defense to the District of Columbia Office of Emergency Preparedness for the purchase of civil defense equipment and supplies approved by the Department of Defense, when authorized by the Mayor: Provided further, That $3,000,000 of this appropriation, to remain available until expended, shall be for the District of Columbia’s contribution toward the expenses of the Temporary Commission on Financial Oversight of the District of Columbia, as authorized by Public Law 94–399, approved September 4, 1976. For an additional amount for “General Operating expenses”, fiscal year 1978, $2,719,400, including payments made pursuant to the Water and Sewer Repair and Compensation Act of 1976, D.C. Law 1–98, effective March 29, 1977. Public Safety Public safety, including purchase of one hundred and thirty-two passenger motor vehicles for replacement only (including one hundred and thirty for police-type use and two for fire-type use without regard to the general purchase price limitation for the current fiscal year); $265, 190,200, of which $5,863,400 shall be payable from the revenue sharing trust fund, and $2,591,000 shall be payable from funds to be received under title II. Public Works Employment Act (Public Law 94–369), as amended: Provided, That the Police Department is authorized to replace not to exceed twenty-five passenger carrying vehicles, and the Fire Department not to exceed five such vehicles annually whenever the cost of repair to any damaged vehicle exceeds three-fourths the cost of the replacement: Provided further, That funds appropriated for expenses under the Criminal Justice Act of 1974 (Public Law 93–412) for fiscal year 1979 shall be available for obligations incurred under that Act in fiscal year 1975, fiscal year 1976, fiscal year 1977, and fiscal year 1978: Provided further, That not to exceed $200,000 shall be available from this appropriation for the Chief of Police for the prevention and detection of crime. For an additional amount for “Public safety”, fiscal year 1978, $889,700. Education Education, including the development of national defense education programs, $283,605,400, of which $7,664,800 shall be payable from the revenue sharing trust fund, and $2,591,000 shall be payable from funds to be received under title II, Public Works Employment Act (Public Law 94–369), as amended, to be allocated as follows: $218,242,800 for the District of Columbia Public Schools, $21,705,000 for the Teachers’ Retirement Fund, and $48,657,600 for the University of the District of Columbia: Provided, That the District of Columbia Public Schools are authorized to accept not to exceed thirty-one motor vehicles for exclusive use in the driver education program: Provided further, That not to exceed $1,000 for the Superintendent of Schools and $2,000 for the President of the University of the District of Columbia shall be available from this appropriation for expenditures for official purposes: Provided further, That the $21,705,000 of this appropriation allocated for the Teachers’ Retirement Fund shall be transferred to the Teachers’ Retirement Fund, in accordance with the provisions of section 7 of the Act of August 7, 1946 (60 Stat. 879, as amended; D.C. Code, sec. 31–727): Provided further, That not less than $7,257,800 of this appropriation shall be used exclusively for maintenance of the public schools. Recreation Recreation, $18,392,700, of which $208,200 shall be payable from the revenue sharing trust fund. For an additional amount for “Recreation”, fiscal year 1978, $58,000. Human Resources Human resources, including care and treatment of indigent patients in institutions under contracts to be made by the Director of the Department of Human Resources, $283,321,300, of which $6,520,000 shall be payable from the revenue sharing trust fund: Provided, That the inpatient rate under such contracts shall not exceed $76 per diem and the outpatient rate shall not exceed $12 per visit except for services provided to patients who are eligible for such services under the District of Columbia plan for medical assistance under title XIX of the Social Security Act, and the inpatient rate (excluding the proportionate share for repairs and construction) for services rendered by Saint Elizabeths Hospital for patient care shall be at the per diem rate established pursuant to 24 U.S.C. 168a: Provided further, That total reimbursements to Saint Elizabeths Hospital, including funds from title XIX of the Social Security Act, shall not exceed $20,919,500: Provided further, That $15,504,700 of this appropriation shall be available for care and treatment of the mentally retarded at Forest Haven. For an additional amount for “Human resources”, fiscal year 1978, $8,086,000. Transportation Transportation, including rental of one passenger-carrying vehicle for use by the Mayor and purchase of forty-four passenger-carrying vehicles, of which two shall be for replacement only, $78,735,200, of which $6;262,300 shall be payable from the revenue sharing trust fund: Provided, That this appropriation shall not be available for the purchase of driver-training vehicles: Provided further, That $1,263,400 of this appropriation shall be available for the fiscal year 1977 Metrobus operating subsidy. For an additional amount for “Transportation”, fiscal year 1978, $1,082,200: Provided further, That authorization is hereby provided to the government of the District of Columbia to fund the additional cost of snow and ice removal out of funds heretofore appropriated to such government for fiscal year 1978 for Washington Metropolitan Area Transit Authority but not to exceed $1,254,700. Environmental Services Environmental services, $72,069,800, of which $1,500,000 shall be payable from the revenue sharing trust fund: Provided, That this appropriation shall not be available for collecting ashes or miscellaneous refuse from hotels and places of business or from apartment houses with four or more apartments, or from any building or connected group of buildings operating as a rooming or boarding house as defi11ed in the housing regulations of the District of Columbia. For an additional amount for “Environmental services”, fiscal year 1978, $1,030,400. Personal Services For pay increases and related costs, to be transferred by the Mayor of the District of Columbia to the appropriations for the fiscal year 1979 from which employees are properly payable, $69,300,000. For an additional amount for “Personal services”, fiscal year 1978, $7,000,000. Settlement of Claims and Suits For payment of property damage claims in excess of $1,500 and of personal injury claims in excess of $5,000, approved by the Mayor in accordance with the provisions of the Act of February 11, 1929, as amended (45 Stat. 1160; 46 Stat. 500; 65 Stat. 131) and for payment to Robert J. Pierce, not to exceed $250,000, pursuant to provisions of District of Columbia Law, $322,800. Repayment of Loans and Interest For reimbursement to the United States of funds loaned in compliance with sections 108, 217, and 402 of the Act of May 18, 1954 (68 Stat. 103, 109, and 110), as amended; section 9 of the Act of September 7, 1957 (71 Stat. 619), as amended; section 1 of the Act of June 6, 1958 (72 Stat. 183), as amended; section 4 of the Act of June 12, 1960 (74 Stat. 211), as amended; and section 723 of the District of Columbia. Self-Government and Governmental Reorganization Act (Public Law 93–198), as amended, including interest as required thereby, $120,400,000. For an additional amount for “Repayment of loans and interest”, for fiscal year 1978, $475,800. Capital Outlay For reimbursement to the United States of funds loaned in compliance with the Act of August 7, 1916 (60 Stat. 896), as amended, construction projects as authorized by the Acts of April 22, 1904 (33 Stat. 244), May 18, 1954 (68 Stat. 105, 110), July 2, 1954 (68 Stat. 443), June 6, 1958 (72 Stat. 183), August 20, 1958 (72 Stat. 686, and the Act of December 9, 1969 (83 Stat. 321); including acquisition of sites; preparation of plans and specifications; conducting preliminary surveys; erection of structures, including building improvement and alteration and treatment of grounds; to remain available until expended, $77,215,000: Provided, That no funds in this Act shall be used for any purpose in connection with the Washington Civic Center until there is full compliance with the provisions of the plan mandated by the District of Columbia Appropriation Act, 1978, Public Law 95–288, approved June 5, 1978: Provided further, That $2,855,400 shall be available for construction services by the Director of the Department of General Services or by contract for architectural engineering services, as may be determined by the Mayor, and the funds for the use of the Director of the Department of General Services shall be advanced to the appropriation account “Construction Services, Department of General Services”: Provided further, That the amount appropriated to the Construction Services Fund, Department of General Services, be limited, during the current fiscal year, to ten per centum of appropriations for all construction projects, except for Project Numbered 24–99, Permanent Improvements, for which construction services shall be limited to twenty per centum of the appropriation: Provided further, 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 (Public Law 90–495, approved August 23, 1968), for which funds are provided by this paragraph, shall expire on September 30, 1980, except authorizations for projects as to which funds have been obligated in whole or in part prior to such date. Upon expiration of any such project antl1onzntion the funds provided herein for such project shall lapse.

GENERAL PROVISIONS—DISTRICT OF COLUMBIA Sec. 201. Except as otherwise provided in this title, all vouchers covering expenditures of appropriations contained in this title 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. 202. Whenever in this title an amount is specified, within an appropriation for particular purposes or object of expenditure, such amount, unless otherwise specified, shall be considered as the maximum amount which may be expended for said purpose or object rather than an amount set apart exclusively therefor. Sec. 203. Appropriations in this title shall be available, when authorized or approved by the Mayor, for allowances for privately-owned conveyances used for the performance of official duties at 13 cents per mile but not to exceed $45 a month for each automobile and at 8 cents per mile but not to exceed $30 a month for each motorcycle, unless otherwise therein specifically provided, except that one hundred and thirteen (eighteen for venereal disease investigators in the Department of Human Resources) such automobile allowances at not more than $715 each per annum may be authorized or approved by the Mayor. Sec. 204. Appropriations in this title 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. Sec. 205. Appropriations in this title shall not be used for or in connection with the preparation, issuance, publication, or enforcement of any regulation or order of the Public Service Commission requiring the installation of meters in taxicabs, or for or in connection with the licensing of any vehicle to be operated as a taxicab except for operation in accordance with such system of uniform zones and rates and regulations applicable thereto as shall have been prescribed by the Public Service Commission. Sec. 206. Appropriations in this title shall not be available for the payment of rates for electric current for street lighting in excess of two cents per kilowatt-hour for current consumed. Sec. 207. There are hereby 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 which have been entered against the government of the District of Columbia: Provided, That no part of any funds so appropriated shall be used for the payment of any judgment entered by any court against the government of the District of Columbia requiring the payment for electric current for street lighting at a rate in excess of two cents per kilowatt-hour for current consumed: Provided further, That nothing contained in this section shall be construed as modifying or affecting the provisions of paragraph 3, subsection (c) of section 11 of title XII of the District of Columbia Income and Franchise Tax Act of 1947, as amended. Sec. 208. Appropriations in this title shall be available for the payment of public assistance without reference to the requirement of subsection (b) of section 5 of the District of Columbia Public Assistance Act of 1062 and for the non-Federal share of funds necessary to qualify for Federal assistance under the Act of July 31, 1908 (Public Law 90–445). Sec. 209. No part of any appropriation contained in this title shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 210. No part of any funds appropriated by this title shall be used to pay, the compensation (whether by contract or otherwise) of any individual for performing services as a chauffeur or driver for any designated officer or employee of the District of Columbia government (other than the Mayor, Chief of Police and Fire Chief), or for performing services as a chauffeur or driver of a motor vehicle assigned for the personal or individual use of any such officer or employee (other than the Mayor, Chief of Police, and Fire Chief). No part of any funds appropriated by this title, in excess of $1,000 per month in the aggregate ($12,000 per annum) shall be used to pay the compensation (whether by contract or otherwise) of individuals for performing services as a chauffeur or driver for the Mayor, or for performing services as a chauffeur or driver of a motor vehicle assigned for the personal or individual use of the Mayor. Sec. 211. Not to exceed 4½ per centum of the total of all funds appropriated by this title for personal compensation may be used to pay the cost of overtime or temporary positions. Sec. 212. The total expenditure of funds appropriated by this title for authorized travel and per diem costs outside the District of Columbia, Maryland, and Virginia shall not exceed $225,000. Sec. 213. Appropriations in this title shall not be available, during the fiscal year ending September 30, 1979, for the compensation of any person a pointed— (1) as a full-time employee to a permanent, authorized position in the government of the District of Columbia during any month when the number of such employees is greater than 37,161: Provided, That— (A) positions within this city employment limitation shall be set aside as the maximum number of permanent, authorized employees as follows: Public Schools, 9,703; reimbursable positions, 406; capital outlay positions, 821; District of Columbia General Hospital 2,275; and (B) the District of Columbia Public Schools and the District of Columbia General Hospital shall not exceed their respective employment limitations and are hereby required to report monthly to the Mayor, for the purpose of maintaining controls on city-wide employment, regarding the total number of current employees and the total number of separations and filling of positions within their respective employment limitations; or (2) as a temporary or part-time employee in the government of the District of Columbia during any month in which the number of such employees exceeds the number of such employees for the same month of the preceding fiscal year. Sec. 214. No funds appropriated in this title, for the government of the District of Columbia for the operation of educational institutions, the compensation of personnel, or for other educational purposes may be used to permit, encourage, facilitate, or further partisan political activities. Nothing herein is intended to prohibit the availability of school buildings for the use of any community group during non-school hours. Sec. 215. Appropriations in this title shall be available for services as authorized by 5 U.S.C. 3109, at rates to be fixed by the Mayor. Sec. 216. The annual budget for the District of Columbia government for fiscal year 1980 shall be transmitted to the Congress by not later than February 1, 1979. Sec. 217. There are hereby 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, D.C. Law 2–20, approved September 23, 1977. Sec. 218. None of the funds contained in this Act shall be made available to pay the salary of any employee of the government of the District of Columbia whose name and salary are not available for public inspection. Sec. 219. 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. 220. (a) No funds appropriated by this Act shall be available to pay any part of the salary of any employee of the government of the District of Columbia, or any department, agency, office, or other entity thereof, if any part of such employee’s salary is paid from funds appropriated pursuant to the authority of the Comprehensive Employment and Training Act of 1973 (or successor statute), and the annual salary of such employee is in excess of that paid for the position of GS–9, step 1, under the General Schedule, under section 5332 of title 5, United States Code. (b) Subsection (a) of this section shall take effect upon the expiration of the ninety-day period following t1ie date of the enactment of this Act. Sec. 221. (a) No funds appropriated by this Act shall be available to pay any part of the salary of an employee of the government of the District of Columbia, or any department, agency, office, or other entity thereof, if any part of such employee’s salary is paid from funds appropriated pursuant to the authority of the Comprehensive Employment and Training Act of 1973 (or successor statute), and has been so paid for an aggregate period of at least twenty-four calendar months. (b) Subsection (a) of this section shall take effect upon the expiration of the ninety-day period following the date of the enactment of this Act. Sec. 222. (a) No funds appropriated by this Act shall be available to pay any part of the salary of any employee of the Council of the District of Columbia, or committee or subcommittee thereof, or any employee of any elected official of the government of the District of Columbia, if any part of the salary of any such employee is paid from funds appropriated pursuant to the authority of the Comprehensive Employment and Training Act of 1973 (or successor statute). (b) Subsection (a) of this section shall take effect upon the expiration of the ninety-day period following the date of the enactment of this Act. Sec. 223. No funds appropriated by this Act shall be available to pay any part of the salary of any individual hereafter employed by any department, agency, office, or other entity of the government of the District of Columbia, having ten or more employees, if, at the time of such employment, any part of the salary of more than ten per centum of the employees of such department, agency, office, or entity is paid partly from funds appropriated pursuant to the authority of the Comprehensive Employment and Training Act of 1973 (or successor statute), and partly from funds of the District of Columbia. Sec. 224. Notwithstanding any other provision of this Act, the provisions of sections 220, 221, 222, and 223 of this Act shall be deemed repealed upon the date of the enactment of the Act entitled “An Act to amend the Comprehensive Employment and Training Act of 1973, to provide improved employment and training services, to extend the authorization, and for other purposes”, or similar legislation. This Act may be cited as the “District of Columbia Appropriation Act, 1979”.