Public Law 98–125

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, 1984, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Federal Payment to the District of Columbia For payment to the District of Columbia for the fiscal year ending September 30, 1984, $386,000,000, as authorized by the District of Columbia Self-Government and Governmental Reorganization Act, Public Law 93–198, as amended (D.C. Code 47–3406): Provided, That none of these funds shall be made available to the District of Columbia until the number of full-time uniformed officers in permanent positions in the Metropolitan Police Department is at least 3,880, excluding any such officer appointed after August 19, 1982, under qualification standards other than those in effect on such date. For payment to the District of Columbia for the fiscal year ending September 30, 1984, in lieu of reimbursements for charges for water and water services and sanitary sewer services furnished to facilities of the United States Government, $16,520,000, as authorized by the Act of May 18, 1954, as amended (D.C. Code 43–1552 and 43–1612). 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.

Criminal Justice Emergency Initiative For a Federal contribution to the District of Columbia, $25,171,600 of which $11,735,400 shall remain available until expended: Provided, That $2,841,300 for the Superior Court of the District of Columbia shall be made available only upon enactment into law of authorizing legislation.

Education Initiative For a Federal contribution to the District of Columbia, $350,000.

Saint Elizabeths Hospital For a Federal contribution to the District of Columbia, $5,700,000.

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, $115,000,000, which shall remain available until expended and be advanced upon request of the Mayor.

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, $44,251,400: 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 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 not less than $320,000 shall be used by the Office of Personnel exclusively for the administration of programs for the training of District of Columbia government employees: Provided further, That notwithstanding any other provision of law, there is hereby appropriated $2,603,700 to pay legal, management, investment, and other fees and administrative expenses of the District of Columbia Retirement Board, of which $500,000 shall be derived from the general fund and not to exceed $2,103,700 (including $200,000 for obligations incurred in fiscal year 1983) 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 and 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 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, $56,603,000: Provided, That the District of Columbia Housing Finance Agency, established by section 201 of the District of Columbia Housing Finance Agency Act, effective March 3, 1979 (D.C. Law 2–135; D.C. Code 45–2111), based upon its capability of repayments 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 to the general fund an amount equal to appropriations plus interest at a 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 amounts due 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 of Columbia 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 upon commencement of the debt service payments, such payments shall be deposited into the general fund of the District of Columbia.

Public Safety and Justice Public safety and justice, including purchase of not to exceed 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), $487,068,100 (including $2,841,300 for the Superior Court of the District of Columbia which shall be made available only upon enactment into law of authorizing legislation), of which $6,231,900 shall be payable from the revenue sharing trust fund: Provided, That the Metropolitan 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 not to exceed $300,000 shall be available from this appropriation for the Chief of Police for the prevention and detection of crime: Provided further, That funds appropriated for expenses under the District of Columbia Criminal Justice Act, Public Law 93–412, approved September 3, 1974 (88 Stat. 1090; D.C. Code 11–2601 et seq.) for the fiscal year ending September 30, 1984, shall be available for obligations incurred under that Act in each fiscal year since inception in fiscal year 1975: Provided further, That $50,000 of any appropriation 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, $483,532,900, of which $6,000,000 shall be payable from the revenue sharing trust fund, to be allocated as follows: $326,350,000 for the public schools of the District of Columbia; $78,560,800 for the District of Columbia Teachers’ Retirement Fund; $60,842,400 for the University of the District of Columbia; $12,436,100 for the Public Library; $916,400 for the Commission on the Arts and Humanities; $196,200 for the Educational Institution Licensure Commission; and $4,231,000 for the School Transit Subsidy: Provided, That $515,000 of the funds provided for the public schools of the District of Columbia from the Driver Education Program Fund shall be used exclusively for the operation of the driver education program: Provided further, That the public schools of the District of Columbia are authorized to accept not to exceed thirty-one motor vehicles for exclusive use in the driver education program: Provided further, That not less than $7,257,800 of this appropriation shall be used exclusively for maintenance of the public schools of the District of Columbia: 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 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 the fiscal year ending September 30, 1984, 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.

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, $503,236,600, of which $2,233,000 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. 168(a)): Provided further, That total funds paid by the District of Columbia as reimbursements for operating costs of Saint Elizabeths Hospital, including any District of Columbia payments (but excluding the Federal matching share of payments) associated with title XIX of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. 1396 et seq.), shall not exceed $5,700,000 and an additional $29,448,700: Provided further, That $11,558,000 of this appropriation, to remain available until expended, shall be available solely for District of Columbia employees’ disability compensation.

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 purchase of passenger-carrying vehicles for replacement only, $190,562,100, 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: Provided further, 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.

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); the Departments of Labor, and Health, Education, and Welfare Appropriation Act of 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 9–219); 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); and section 723 of the District of Columbia Self-Government and Governmental Reorganization Act, approved December 24, 1973 (87 Stat. 821; D.C. Code 47–321, note); section 743(f) of the District of Columbia Self-Government and Governmental Reorganization Act, approved October 13, 1977 (91 Stat. 1156; D.C. Code 9–219, note), including interest as required thereby, $158,735,600.

Repayment of General Fund Deficit For the purpose of eliminating the cash portion of the $296,449,000 general fund accumulated deficit as of September 30, 1982, $15,000,000, of which not less than $10,000,000 shall be funded and apportioned by the Mayor from amounts otherwise available to the District of Columbia government (including amounts appropriated by this Act or revenues otherwise available, or both).

Short-Term Borrowings For the purpose of funding interest related to borrowing funds for short-term cash needs, $3,750,000.

Adjustments The Mayor shall reduce authorized appropriations and expenditures within object class 30A (energy) in the amount of $3,871,300, and within object class 13 (additional gross pay) in the amount of $361,800, within one or several of the various appropriation headings in this Act.

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 43–1512–1519); the District of Columbia Public Works Act of 1954, approved May 18, 1954 (68 Stat. 101); 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 9–219 and 47–3402); section 3(g) of the District of Columbia Motor Vehicle Parking Facility Act of 1942, approved August 20, 1958 (72 Stat. 686; D.C. Code 40–805(7)); and the National Capital Transportation Act of 1969, approved December 9, 1969 (83 Stat. 320; D.C. Code 1–2451, 1–2452, 1–2454, 1–2456, and 1–2457); 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, $111,587,400: Provided, That $4,101,600 shall be available for project management and $5,160,900 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 Expiration date, 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 90495, approved August 23, 1968 (82 Stat. 827; D.C. Code 7–134, note), for which funds are provided by this paragraph, shall expire on September 30, 1985, except authorizations for projects as to which funds have been obligated in whole or in part prior to September 30, 1985: Provided further, That upon expiration of any such project authorization the funds provided herein for such project shall lapse: Provided further, That the Mayor 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, $114,383,100, of which $22,190,900 shall be apportioned and payable to the debt service fund for repayment of loans and interest incurred for capital improvement projects. 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 therefore, and for other purposes, approved April 22, 1904 (33 Stat. 244; D.C. Code 43–1512 et seq.), $11,220,000: Provided, That the requirements and restrictions which are applicable to general fund capital improvement projects and which are set forth in this Act under the heading Capital Outlay shall apply to projects approved under this heading.

Washington Convention Center Enterprise Fund For the Washington Convention Center Enterprise Fund, $9,617,000: Provided, That the Convention Center Board of Directors, 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.

Lottery and Charitable Games Enterprise Fund For the Lottery and Charitable Games Enterprise Fund established by Public Law 97–91 (95 Stat. 1174, 1175), 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 22–1516 et seq.), $2,772,500, to be derived from non-Federal District of Columbia revenues: Provided, That the District of Columbia shall identify the sources of funding for this appropriation from its 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.

Approved October 13, 1983.