District of Columbia FY99 Appropriations bill

District of Columbia Appropriations Act, 1999 - Makes appropriations for the District of Columbia for FY 1999, including amounts for: (1) the Federal payment for management reform; (2) Federal support for economic development in the District; (3) the Federal payment for Boys Town U.S.A. operations in the District; (4) the Federal payment to the District for the Nation's Capital Infrastructure Fund; (5) the Federal payment to the District's Corrections Trustee for operations; (6) the Federal payment to the District courts; (7) the Federal payment to the District's Offender Supervision, Defender, and Court Services Agency; (8) the Federal payment to the Georgetown Waterfront Park Fund; and (9) a Federal contribution to the District to establish a National Museum of American Music and a City Museum and Visitors Center.

Appropriates specified sums out of the District's general fund (and other funds, in some cases) for the current FY for: (1) governmental direction and support; (2) economic development and regulation; (3) public safety and justice; (4) the public education system; (5) human support services; (6) public works; (7) financing and other uses; (8) receivership programs; (9) the District of Columbia Financial Responsibility and Management Assistance Authority (Authority); (10) the Water and Sewer Authority and the Washington Aqueduct; (11) the Lottery and Charitable Games Enterprise Fund; (12) the Cable Television Enterprise Fund; (13) the Public Service Commission; (14) the Office of the People's Counsel; (15) the Office of Banking and Financial Institutions; (16) the Department of Insurance and Securities Regulation; (17) D.C. General Hospital; (18) the Starplex Fund; (19) the D.C. Retirement Board; (20) the Correctional Industries Fund; (21) the Washington Convention Center Enterprise Fund; and (22) capital outlays.

Prohibits the District government from employing more than 32,900 full time employee (FTE) positions, exclusive of intra-district FTE positions, during FY 1999.

Sets forth authorized uses of, and limitations on, such funds.

Bars the use of revenues from Federal sources to support the operations of the D.C. Statehood and Statehood Compact Commissions. Requires the District to identify the sources of funding for Admission to Statehood from its own locally-generated revenues.

(Sec. 110) Prohibits funds appropriated in this Act from being available to pay the salary of any District government employee whose name, title, grade, salary, work experience, and salary history are not available for inspection by specified congressional committees and subcommittees and the District Council.

(Sec. 114) Bars the D.C. Mayor from borrowing any funds for capital projects without prior approval of the District Council.

(Sec. 124) Applies any sequestration orders under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to each account appropriating Federal funds in this Act rather than to the aggregate total of such accounts. Requires the Mayor, in the event such an order is issued after amounts appropriated to the District have been paid, to pay sequestered amounts to the Secretary of the Treasury (Secretary).

(Sec. 127) Bars the use of Federal funds provided in this Act to provide for salaries or other expenses associated with the offices of U.S. Senator or Representative under the District of Columbia Statehood Constitutional Convention Initiatives of 1979.

(Sec. 129) Prohibits the expenditure of funds appropriated under this Act for abortions except where the mother's life would be endangered if the fetus were carried to term or in cases of rape or incest.

(Sec. 130) Permits any entity of the D.C. government, including the Authority, in using the funds for repair and improvement of D.C. public school facilities made available under this Act or any other Act, to place orders for engineering and construction and related services with the Chief of Engineers of the U.S. Army Corps of Engineers. Allows the Chief to accept such orders on a reimbursable basis and to provide any part of such services by contract.

(Sec. 131) Bars the use of funds made available by this Act to implement any system of registration of unmarried, cohabitating couples for purposes of extending benefits to such couples on the same basis as such benefits are extended to married couples or to implement the District Domestic Partner Act (also known as the District of Columbia Health Care Benefits Expansion Act of 1992).

(Sec. 132) Requires by FY 1999, or within 30 calendar days after the enactment of this Act, whichever occurs later, and each succeeding year, the Chief Executive Officer, Superintendent of the D.C. Public Schools, and the University of the District of Columbia (University) to submit to the appropriate congressional committees, the Mayor, the District Council, the Consensus Commission, and the Authority, a revised appropriated funds operating budget for the public school system and the University 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.

(Sec. 133) Requires the Emergency Transitional Education Board of Trustees, the Board of Trustees of the University, the Board of Library Trustees, and the Board of Governors of the University of the District of Columbia School of Law to vote on and approve their respective annual or revised budgets before submission to the Mayor for inclusion in the Mayor's budget submission to the District Council or before submitting their respective budgets directly to the Council.

(Sec. 134) Establishes a ceiling on total operating expenses for the District for FY 1999. Permits increases of such amount for additional approved expenditures which the Chief Financial Officer certifies will produce additional revenues during such fiscal year at least equal to 200 percent of such expenditures.

Requires the Authority, within 30 calendar days after the end of each fiscal quarter starting FY 1999, to report to specified congressional committees on an itemized accounting of all non-appropriated funds obligated or expended by the Authority for the quarter.

(Sec. 135) Amends the District of Columbia Public Education Act to allow amounts appropriated to the District by the Federal Government (in lieu of donation of public lands for the endowment and maintenance of colleges for the benefit of agriculture and the mechanic arts) to be invested in equity-based securities if approved by the Chief Financial Officer.

(Sec. 136) Requires, if a District government department or agency is under the administration of a court-appointed receiver or other court-appointed official during FY 1999 or any succeeding fiscal year, the receiver or official to prepare and submit to the Mayor, for inclusion in the District's annual budget for the year and to be forwarded by the Mayor to the District Council without revision but subject to the Mayor's recommendations, annual estimates of the expenditures and appropriations necessary for the maintenance and operation of the department or agency. Allows the Council to comment or make recommendations concerning such annual estimates but bars the Council from revising the estimates.

(Sec. 137) Directs the Authority, the Chief Executive Officer, and the Superintendent of the District public schools to report to specified congressional committees on measures to be taken to ensure that the District's public schools open on time to begin the 1999-2000 academic year.

(Sec. 138) Requires an employee of the District public schools to 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 rules.

Mandates that 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. 139) Provides that, for purposes of determining the amount of funds expended by any entity within the District government during FY 1999 and each succeeding fiscal year, any expenditures of the District government attributable to any District government officers or employees who provide services which are within the authority and jurisdiction of the entity (including any portion of the compensation paid to the officer or employee attributable to the time spent in providing such services) shall be treated as expenditures made from the entity's budget, without regard to whether the officers or employees are assigned to the entity or otherwise treated as the entity's officers or employees.

Amends the District of Columbia Government Comprehensive Merit Personnel Act of 1978 to modify reduction in force procedures.

(Sec. 140) Requires the D.C. Board of Education and the D.C. Public Schools (DCPS), within 120 days after a DCPS student is referred for evaluation or assessment to: (1) assess or evaluate such student who may have a disability and who may require special education services; and (2) if the student is classified as having a disability as defined in provisions of the Individuals with Disabilities Education Act or the Rehabilitative Act of 1973, place that student in an appropriate program of special education services.

(Sec. 141) Provides that, notwithstanding any provision of any federally-granted charter or any other provision of law, beginning in FY 1999 and each fiscal year thereafter, the real property of the National Education Association located in the District shall be subject to taxation by the District in the same manner as any similar organization.

(Sec. 142) Conditions expenditure of appropriations made by this Act for programs or functions for which a reorganization plan is required only on the approval by the Authority of the required reorganization plan.

(Sec. 143) Makes the evaluation process and instruments for evaluating District public school employees a non-negotiable item for collective bargaining purposes.

(Sec. 144) Requires the Authority to report to: (1) specified congressional committees on the status of all partnerships or agreements entered into from January 1, 1994, through September 30, 1998, between the District government and any nonprofit organization that provides medical care, substance abuse treatment, low income housing, food and shelter services, abstinence programs, or educational services to children, adults and families residing in the District; and (2) the Congress on the plans by the District government for reinitiating the partnerships or agreements that have been terminated with the respective nonprofit organization.

(Sec. 145) Repeals the Residency Requirement Reinstatement Amendment Act of 1998.

(Sec. 146) Amends the District of Columbia Financial Responsibility and Management Assistance Act of 1995 to require that beginning with the FY 2000 fiscal plan or budget submitted pursuant to this Act, such Act shall contain $150 million for a Reserve to be established by the Chief Financial Officer and the Authority to be expended only according to criteria established by the Chief Financial Officer and approved by the Authority.

(Sec. 147) Allows funds accumulated during FY 1999 through fees that are otherwise non-appropriated funds to the District to be expended during FY 1999 by the Chief Financial Officer up to the amount certified by the Chief Financial Officer with the prior written approval of the Authority.

(Sec. 148) Authorizes the Board of Trustees of the District of Columbia Public Library to hire a fund raiser and to raise funds from private sources and expend those funds for the benefit of the Library, with the prior review and approval of the Chief Financial Officer and the Authority.

(Sec. 149) District of Columbia Adoption Improvement Act of 1998 - Requires the District of Columbia Child and Family Services (Family Services) to: (1) report to the Congress the number of children in the custody of the District who are legally free for adoption; (2) establish a database listing and tracking any child who is in the custody of the District with the goal of adoption or legally free for adoption; and (3) enter into contracts with private service providers to perform some of the adoption recruitment and placement functions of Family Services including recruitment, homestudy, and placements. Subjects the contracts to the competitive bidding process and an outcomes based out-sourcing and requires the contracts to compensate the winning bidder solely upon completion of a service. Outlines criteria for completion of a service.

Sets forth provisions regarding: (1) removal of barriers to such adoptions; and (2) prohibition against a child being exclusively assigned to a specific private service provider or otherwise embargoed.

Provides that Family Services shall retain the custody of any child on whose behalf a private service provider performs recruitment and placement functions pursuant to this Act.

(Sec. 150) Amends the Revitalization and Self-Government Improvement Act of 1997 to revise the duties of the Director of the District of Columbia Offender, Supervision, Defender, and Courts Services Agency to include carrying out all functions which have been carried out by the Social Services Division of the Superior Court relating to supervision of adults subject to protection orders or provision of services for or related to such persons.

Amends the District of Columbia Code to: (1) give the Director of Social Services in the Superior Court charge over all juvenile social services for the Court; (2) bar the Director from jurisdiction over any adult under supervision; (3) coordinate with and utilize, to the maximum extent feasible, the services of the Agency; and (4) conduct studies and make reports, as directed by the Executive Officer of the Superior Court, relating to the utilization of juvenile social services as an adjunct to such Court.

(Sec. 151) Permits the Authority to employ a Chief Management Officer (CMO) of the District to be appointed by the Chair with the consent of the Authority. Requires the CMO to assist the Authority in the fulfillment of the Authority's responsibilities under the District of Columbia Management Reform Act of 1997 to improve the effectiveness and efficiency of the District government.

Validates the employment agreement entered into as of January 15, 1998, between the CMO and the Authority.

(Sec. 152) Requires the salaries of the Chief Financial Officer and the Inspector General of the District to be paid at an annual rate determined by the Authority (currently, the Mayor) sufficient in the judgment of the Authority to obtain the services of the individuals with the skills and experience required to discharge the duties of such offices.

(Sec. 154) Increases from three to five the number of consecutive fiscal years in which the Inspector General is allowed to enter into a contract with the same auditor who is not an officer or employee of the Inspector's Office to audit the complete financial statement and report on the activities of the District government for a fiscal year.

(Sec. 155) Prohibits funds provided under this Act or provided under previous appropriations Acts to the agencies funded by this Act, both Federal and District government agencies, that remain available for obligation or expenditure in FY 1999, or provided from Treasury accounts derived by the collection of fees available to the agencies funded by this Act, from being available for obligation or expenditure for an agency through a reprogramming of funds which: (1) creates new programs; (2) eliminates a program project or activity; (3) establishes or changes allocations specifically denied, limited, or increased by the Congress in the Act; (4) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (5) reestablishes through reprogramming any program or project previously deferred through reprogramming; (6) augments existing programs, projects, or activities through a reprogramming of funds in excess of $1 million or 20 percent, whichever is more; or (7) increases by 20 percent or more personnel assigned to a specific program, project, or activity, unless the Appropriations Committees of both the Senate and the House of Representatives are notified in writing 15 days in advance of such reprogramming of funds.

(Sec. 156) Requires funds allocated to management reform by the Authority in the District of Columbia Appropriations Act, 1998 under deficit reduction and revitalization (contained in the Authority's notification of June 24, 1998) to remain available for management reform until September 30, 1999.

(Sec. 157) Requires the Authority's Executive Director to be paid at an annual rate determined by the Authority sufficient in the judgment of the Authority to obtain the services of an individual with the skills and experience required to discharge the duties of the office.