Public Law 97–91

That the following

District of Appropriation Act, 1982.

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, 1982, and for other purposes, namely:

Federal Payment to the District of Columbia For payment to the District of Columbia for the fiscal year ending September 30, 1982, $336,600,000, 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 $13,500,000 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). For the Federal contribution to the Police Officers and Fire Fighters’, Teachers’ and Judges’ Retirement Funds as authorized by the District of Columbia Retirement Reform Act, Public Law 96–122, approved November 17, 1979 (93 Stat. 866), $52,070,000.

Loans to the District of Columbia for Capital Outlay For loans to the District of Columbia, as authorized by the District of Columbia Self-Government and Governmental Reorganization Act, Public Law 93–198, as amended, $155,000,000, which together with balances of previous appropriations for this purpose, shall remain available until expended and be advanced upon request of the Mayor: Provided, That during fiscal year 1982 and within the resources and authority available, gross obligations for the principal amount of direct loans shall not exceed $145,000,000.

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, $85,234,300: 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 expenditures for official purposes: Provided further, That not to exceed $7,500 of this appropriation shall be available for test borings and soil investigations: Provided further, That $3,366,300 of this appropriation shall be available solely for the settlement of claims and suits as provided for by an Act authorizing the Commissioners of the District of Columbia to settle claims and suits against the District of Columbia, approved February 11, 1929 (45 Stat. 1160; D.C. Code 1–902): Provided further, That none of the funds appropriated for the Office of Financial Management shall be apportioned and payable for debt service for short-term borrowing on the bond market: 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 notwithstanding any other provision of law, there is hereby appropriated $1,348,300 to pay legal, management, investment and other fees and expenses of the District of Columbia Retirement Board of which $312,700 shall be derived from the general fund and not to exceed $1,035,600 shall be derived from the earnings of the applicable retirement funds: Provided further, That the District of Columbia Retirement Board shall provide to the Congress 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 item 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.

Economic Development and Regulation Economic development and regulation, $29,096,100: Provided, That the District of Columbia Housing Finance Agency, based upon its capability of repayment as determined each year by the Council of the District of Columbia from the Agency’s annual audited financial statements to the Council of the District of Columbia, shall repay $2,000,000 to the Department of Housing and Community Development at an interest rate of 4 percent per annum for a term of fifteen years, with a deferral of payments for the first three years: Provided further, That notwithstanding the foregoing provision, the obligation to repay all or a part of the $2,000,000 shall be subject to the rights of the holders of any bonds or notes issued by the Agency and shall be repaid to the District only from available operating revenues of the Agency which are in excess of the amounts required for debt service, reserve funds, and operating expenses: Provided further, That the annual debt service of not to exceed $178,000 shall be designated by the Council of the District of Columbia prior to the commencement of annual payments: Provided further, That the District of Columbia will establish a special fund to assure that any moneys available to the Lottery and Charitable Games Control Board shall be derived from non-Federal District of Columbia revenues.

Lottery and Charitable Games Enterprise Fund For establishment of the Lottery and Charitable Games Enterprise Fund for the purpose of implementing D.C. Law 3–172 and for the budgeting and accounting of all revenues and expenses of the Lottery and Charitable Games Control Board, $628,000, to be derived from non-Federal District of Columbia revenues: Provided, That the District of Columbia will identify the source of funding for this appropriation from its own locally generated revenues when the Enterprise Fund is established and that no revenues from Federal sources shall be used to support the operations of the Lottery and Charitable Gaines Control Board: Provided further, That the level of administrative expenses to be incurred by the Board shall be appropriated in the District’s general fund budget as a transfer from locally generated revenues; administrative expenses being defined as all anticipated expenses of the Board for the coming fiscal year excluding moneys necessary for the payments of prizes to the winners of the games specified in D.C. Law 3–172: Provided further, That the Board shall have the authority to expend, from revenues generated by its operations, funds necessary for the payments of prizes: Provided further, That the annual expenses for prizes and administration of the Board shall not exceed resources available to the Board from appropriated authority or revenues generated by the operations of the Board: Provided further, That all revenues received by the Board in excess of the funds used by the Board for prize money in a given month shall be transferred to the general fund from the Lottery and Charitable Games Enterprise ‘Fund through a general operating transfer, promptly after the first of the month for the preceding month: Provided further, That the Board may establish a reserve not to exceed 2 percent of projected annual prize payments to provide for prizes awarded in any month which may exceed the revenue generated during that month: Provided further, That the Mayor may approve a change in the reserve limit, as necessary, upon the request of the Board: Provided further, That the financial operations of the Board with respect to the amount appropriated for administrative expenses shall be in accordance with all laws, regulations, and policies of the District of Columbia government regarding appropriated funds: Provided further, That for the fiscal year ending September 30, 1982, and for each fiscal year thereafter, the District of Columbia Auditor shall conduct a comprehensive audit on the financial status of the Fund, including but not limited to all appropriations, revenues, and transfers to the Fund, and provide such report to the Mayor, Chairman of the District of Columbia Council, and to the Subcommittees on District of Columbia Appropriations of the House of Representatives and the Senate: Provided further, That in addition to current restrictions, advertising on public transportation and at stations and stops is prohibited: Provided further, That the advertising, sale, operation, or playing of the lotteries, raffles, bingos, or other games authorized by D.C. Law 3–172 is prohibited on the Federal enclave, and in adjacent public buildings and land controlled by the Shipstead-Luce Act as amended by 53 Stat. 1144, as well as in the Old Georgetown Historic District: Provided further, That the Board shall make an annual report to the Subcommittees on District of Columbia Appropriations of the House of Representatives and the Senate at the end of each year detailing the receipts and disbursements of the Board and summarizing measures of regulation and enforcement enacted as well as other information and recommendations deemed of value or which may be requested.

Public Safety and Justice Public safety and justice, including purchase of one hundred and thirty-five passenger motor vehicles for replacement only (including one hundred and thirty for police-type use and five for fire-type use without regard to the general purchase price limitation for the current fiscal year), $366,396,200, of which $5,539,000 shall be payable from the revenue sharing trust fund: Provided, That the Police Department is authorized to replace not to exceed twenty-five passenger carrying vehicles, and the Fire Department is authorized to replace not to exceed five such vehicles annually whenever the cost of repair to any damaged vehicle exceeds three-fourths of the cost of the replacement: Provided further, That funds appropriated for expenses under the District of Columbia Criminal Justice Act, Public Law 93–412, approved September 3, 1974 (D.C. Code 11–2601 et seq.) for fiscal year 1982 shall be available for obligations incurred under that Act in each fiscal year since inception in fiscal year 1975: 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: Provided further, That $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 not to exceed $2,500 for the Joint Committee on Judicial Administration shall be available from this appropriation for official purposes.

Public Education System Public education system, including the development of national defense education programs, $377,921,300, of which $6,000,000 shall be payable from the revenue sharing trust fund, to be allocated as follows: $253,794,400 for the District of Columbia Public Schools; $60,220,900 for the District of Columbia Teachers’ Retirement Fund; $48,937,100 for the University of the District of Columbia; $9,979,300 for the Public Library; $784,100 for the Commission on the Arts and Humanities; $90,500 for the Educational Institution Licensure Commission; and $4,115,000 for the School Transit Subsidy: 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 $2,500 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 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 fiscal year 1982 a tuition rate schedule which 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: Provided further, That the $60,220,900 of this appropriation allocated for the District of Columbia Teachers’ Retirement Fund shall be transferred to the Teachers’ Retirement Fund, in accordance with the provisions of section 142(c)(2) of the District of Columbia Retirement Reform Act, approved November 17, 1979 (93 Stat. 880; D.C. Code 1–1822(c)(2)): Provided further, That not less than $7,257,800 of this appropriation shall be used exclusively for maintenance of the public schools.

Human Support Services Human support services, including care and treatment of indigent patients in institutions under contracts to be made by the Director of the Department of Human Services, $397,313,100, of which $5,200,000 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, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. 1396 et seq.) 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 section 2 of An Act to authorize certain expenditures from the appropriation of Saint Elizabeths Hospital, and for other purposes, approved August 4, 1947 (61 Stat. 751; 24 U.S.C. 168a): Provided further, That total reimbursements in operating funds to Saint Elizabeths Hospital, including funds from title XIX of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. 1396 et seq.) shall not exceed $22,948,700: Provided further, That $11,374,600 of this appropriation, to remain available until expended, shall be available solely for District of Columbia employees’ disability compensation: Provided further, That none of the funds appropriated for the summer youth jobs program shall be obligated until the Subcommittees on District of Columbia Appropriations of the House of Representatives and the Senate have approved a plan submitted by the Mayor and the Council of the District of Columbia detailing proposed expenditures.

Transportation Services and Assistance Transportation services and assistance, 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 purchase of passenger-carrying vehicles for replacement only, $123,681,600, of which $2,500,000 shall be payable from the revenue sharing trust fund: Provided, That this appropriation shall not be available for the purchase of driver-training vehicles.

Environmental Services and Supply Environmental services and supply, $31,287,300: 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 defined in the housing regulations of the District of Columbia: Provided further, That $550,000 of this appropriation shall be transferred to the Water and Sewer Enterprise Fund as a miscellaneous revenue.

Personal Services For pay increases and related costs, to be transferred by the Mayor of the District of Columbia to the appropriations for fiscal year 1982 from which employees are properly payable, $36,279,100.

Repayment of Loans and Interest For reimbursement to the United States of funds loaned in compliance with An Act to provide for the establishment of a modern, adequate, and efficient hospital center in the District of Columbia, approved August 7, 1946 (60 Stat. 896); section 743(f) of the District of Columbia Self-Government and Governmental Reorganization Act, approved October 13, 1977 (91 Stat. 1156; D.C. Code 9–220, note); the Departments of Labor, and Health, Education and Welfare Appropriation Act, 1955, approved July 2, 1954 (68 Stat. 443); section 1 of An Act to authorize the Commissioners of the District of Columbia to borrow funds for capital improvement programs and to amend provisions of law relating to Federal Government participation in meeting costs of maintaining the Nation’s Capital City, approved June 6, 1958 (72 Stat. 183; D.C. Code 9–220); section 4 of An Act to authorize the Commissioners of the District of Columbia to plan, construct, operate, and maintain a sanitary sewer to connect the Dulles International Airport with the District of Columbia system, approved June 12, 1960 (74 Stat. 211; D.C. Code 43–163); and section 723 of the District of Columbia Self-Government and Governmental Reorganization Act, approved December 24, 1973 (87 Stat. 821; D.C. Code 47–241, note), including interest as required thereby, $126,060,600.

Repayment of General Fund Deficit For the purpose of eliminating the general fund accumulated deficit, $10,000,000.

Contingent Services Fund For establishment of the contingent services fund, $2,400,000: Provided, That these funds shall be made available to the Board of Education in whole or in part pursuant to an agreement duly executed by the Mayor and the Board of Education for the use of school space in lieu of rental space for the Department of Human Services: Provided further, That upon the execution of the agreement a reprogramming request detailing the disposition of applicable funds for the Board of Education or for the Department of Human Services for space rental will be forwarded by the Mayor to the Council of the District of Columbia in accordance with the Reprogramming Policy Act of 1980, effective September 16, 1980 (D.C. Law 3–100).

Capital Outlay For construction projects as authorized by An Act Authorizing the laying of water mains and service sewers in the District of Columbia, the levying of assessments therefor, and for other purposes, approved April 22, 1904 (33 Stat. 244; D.C. Code 43–1510 et seq.); the District of Columbia Public Works Act of 1954, approved May 18, 1954 (68 Stat. 101; D.C. Code 43–1521a–1521d); 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; D.C. Code 9–220); An Act to amend the District of Columbia Motor Vehicle Parking Facility Act of 1942, as amended, approved August 20, 1958 (72 Stat. 686); and the National Capital Transportation Act of 1969, approved December 9, 1969 (83 Stat. 321; D.C. Code 1–1443 and 9–220(b)(3)); 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, $211,521,100: Provided, That $3,019,700 shall be available for project management and $4,172,100 for design by the Director of the Department of General Services or by contract for architectural engineering services, as may be determined by the Mayor, and that the 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 such funds 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, Public Law 90–495, approved August 23, 1968 (82 Stat. 827, D.C. Code 7–135, note), for which funds are provided by this paragraph, shall expire on September 30, 1983, 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 authorization the funds provided herein for such project shall lapse: Provided further, That the Mayor of the District of Columbia shall not request the advance of any moneys for new general fund capital improvement projects without the approval by resolution of the Council of the District of Columbia.

Water and Sewer Enterprise Fund For the Water and Sewer Enterprise Fund, $106,208,200: Provided, That $24,552,000 of the funds appropriated to the Water and Sewer Enterprise Fund shall be apportioned and payable to the debt service fund for repayment of loans and interest incurred for capital improvement projects.

Washington Convention Center Enterprise Fund For the Washington Convention Center Enterprise Fund, $1,231,300: Provided, That the Convention Center Board, established by section 3 of the Washington Convention Center Management Act of 1979, effective November 3, 1979 (D.C. Law 3–36; D.C. Code 9–602) shall reimburse the Auditor of the District of Columbia for all reasonable costs for performance of the annual convention center audit.

GENERAL PROVISIONS