IB

Union Calendar No. 153

104TH CONGRESS

1ST SESSION H. R. 2546

[Report No. 104–294]

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, 1996, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 26, 1995

Mr. WALSH, from the Committee on Appropriations, reported the following

bill; which was committed to the Committee of the Whole House on the

State of the Union and ordered to be printed

A BILL

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, 1996, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the
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1 District of Columbia for the fiscal year ending September

2 30, 1996, and for other purposes, namely:

3 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

4 For payment to the District of Columbia for the fiscal

5 year ending September 30, 1996, $660,000,000, as au6 thorized by section 502(a) of the District of Columbia

7 Self-Government and Governmental Reorganization Act,

8 Public Law 93–198, as amended (D.C. Code, sec. 47–

9 3406.1).

10 FEDERAL CONTRIBUTION TO RETIREMENT FUNDS

11 For the Federal contribution to the Police Officers

12 and Fire Fighters’, Teachers’, and Judges’ Retirement

13 Funds, as authorized by the District of Columbia Retire14 ment Reform Act, approved November 17, 1979 (93 Stat.

15 866; Public Law 96–122), $52,000,000.

16 DIVISION OF EXPENSES

17 The following amounts are appropriated for the Dis18 trict of Columbia for the current fiscal year out of the

19 general fund of the District of Columbia, except as other20 wise specifically provided.

21 GOVERNMENTAL DIRECTION AND SUPPORT

22 Governmental direction and support, $149,793,000

23 and 1,465 full-time equivalent positions (end of year) (in24 cluding $118,167,000 and 1,125 full-time equivalent posi25 tions from local funds, $2,464,000 and 5 full-time equiva-
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1 lent positions from Federal funds, $4,474,000 and 71 full2 time equivalent positions from other funds, and

3 $24,688,000 and 264 full-time equivalent positions from

4 intra-District funds): Provided, That not to exceed $2,500

5 for the Mayor, $2,500 for the Chairman of the Council

6 of the District of Columbia, and $2,500 for the City Ad7 ministrator shall be available from this appropriation for

8 expenditures for official purposes: Provided further, That

9 any program fees collected from the issuance of debt shall

10 be available for the payment of expenses of the debt man11 agement program of the District of Columbia: Provided

12 further, That $29,500,000 is used for pay-as-you-go cap13 ital projects of which $1,500,000 shall be used for a cap14 ital needs assessment study, and $28,000,000 shall be

15 used for a new financial management system of which

16 $2,000,000 shall be used to develop a needs analysis and

17 assessment of the existing financial management environ18 ment, and the remaining $26,000,000 shall be used to

19 procure the necessary hardware and installation of new

20 software, conversion, testing and training: Provided fur21 ther, That the $26,000,000 shall not be obligated or ex22 pended until: (1) the District of Columbia Financial Re23 sponsibility and Management Assistance Authority sub24 mits a report to the General Accounting Office within 90

25 days after the date of enactment of this Act reporting the
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1 results of the needs analysis and assessment of the exist2 ing financial management environment, specifying the de3 ficiencies in, and recommending necessary improvements

4 to or replacement of the District’s financial management

5 system including a detailed explanation of each rec6 ommendation and its estimated cost; (2) the General Ac7 counting Office reviews the Authority’s report and for8 wards it along with such comments or recommendations

9 as deemed appropriate on any matter contained therein

10 to the Committees on Appropriations of the House and

11 the Senate, the Committee on Governmental Reform and

12 Oversight of the House, and the Committee on Govern13 mental Affairs of the Senate within 60 days from receipt

14 of the report; and (3) 30 days lapse after receipt by Con15 gress of the General Accounting Office’s comments or rec16 ommendations.

17 ECONOMIC DEVELOPMENT AND REGULATION

18 Economic development and regulation, $139,285,000

19 and 1,692 full-time equivalent positions (end-of-year) (in20 cluding $66,505,000 and 696 full-time equivalent posi21 tions from local funds, $38,792,000 and 509 full-time

22 equivalent positions from Federal funds, $17,658,000 and

23 260 full-time equivalent positions from other funds, and

24 $16,330,000 and 227 full-time equivalent positions from

25 intra-District funds): Provided, That the District of Co-
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1 lumbia Housing Finance Agency, established by section

2 201 of the District of Columbia Housing Finance Agency

3 Act, effective March 3, 1979 (D.C. Law 2–135; D.C.

4 Code, sec. 45–2111), based upon its capability of repay5 ments as determined each year by the Council of the Dis6 trict of Columbia from the Housing Finance Agency’s an7 nual audited financial statements to the Council of the

8 District of Columbia, shall repay to the general fund an

9 amount equal to the appropriated administrative costs

10 plus interest at a rate of four percent per annum for a

11 term of 15 years, with a deferral of payments for the first

12 three years: Provided further, That notwithstanding the

13 foregoing provision, the obligation to repay all or part of

14 the amounts due shall be subject to the rights of the own15 ers of any bonds or notes issued by the Housing Finance

16 Agency and shall be repaid to the District of Columbia

17 government only from available operating revenues of the

18 Housing Finance Agency that are in excess of the amounts

19 required for debt service, reserve funds, and operating ex20 penses: Provided further, That upon commencement of the

21 debt service payments, such payments shall be deposited

22 into the general fund of the District of Columbia.

23 PUBLIC SAFETY AND JUSTICE

24 Public safety and justice, including purchase of 135

25 passenger-carrying vehicles for replacement only, includ-
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1 ing 130 for police-type use and five for fire-type use, with2 out regard to the general purchase price limitation for the

3 current fiscal year, $954,106,000 and 11,544 full-time

4 equivalent positions (end-of-year) (including $930,889,000

5 and 11,365 full-time equivalent positions from local funds,

6 $8,942,000 and 70 full-time equivalent positions from

7 Federal funds, $5,160,000 and 4 full-time equivalent posi8 tions from other funds, and $9,115,000 and 105 full-time

9 equivalent positions from intra-District funds): Provided,

10 That the Metropolitan Police Department is authorized to

11 replace not to exceed 25 passenger-carrying vehicles and

12 the Fire Department of the District of Columbia is au13 thorized to replace not to exceed five passenger-carrying

14 vehicles annually whenever the cost of repair to any dam15 aged vehicle exceeds three-fourths of the cost of the re16 placement: Provided further, That not to exceed $500,000

17 shall be available from this appropriation for the Chief of

18 Police for the prevention and detection of crime: Provided

19 further, That the Metropolitan Police Department shall

20 provide quarterly reports to the Committees on Appropria21 tions of the House and Senate on efforts to increase effi22 ciency and improve the professionalism in the department:

23 Provided further, That notwithstanding any other provi24 sion of law, or Mayor’s Order 86–45, issued March 18,

25 1986, the Metropolitan Police Department’s delegated
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1 small purchase authority shall be $500,000: Provided fur2 ther, That the District of Columbia government may not

3 require the Metropolitan Police Department to submit to

4 any other procurement review process, or to obtain the ap5 proval of or be restricted in any manner by any official

6 or employee of the District of Columbia government, for

7 purchases that do not exceed $500,000: Provided further,

8 That the Metropolitan Police Department shall employ an

9 authorized level of sworn officers not to be less than 3,800

10 sworn officers for the fiscal year ending September 30,

11 1996: Provided further, That funds appropriated for ex12 penses under the District of Columbia Criminal Justice

13 Act, approved September 3, 1974 (88 Stat. 1090; Public

14 Law 93–412; D.C. Code, sec. 11–2601 et seq.), for the

15 fiscal year ending September 30, 1996, shall be available

16 for obligations incurred under the Act in each fiscal year

17 since inception in the fiscal year 1975: Provided further,

18 That funds appropriated for expenses under the District

19 of Columbia Neglect Representation Equity Act of 1984,

20 effective March 13, 1985 (D.C. Law 5–129; D.C. Code,

21 sec. 16–2304), for the fiscal year ending September 30,

22 1996, shall be available for obligations incurred under the

23 Act in each fiscal year since inception in the fiscal year

24 1985: Provided further, That funds appropriated for ex25 penses under the District of Columbia Guardianship, Pro-
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1 tective Proceedings, and Durable Power of Attorney Act

2 of 1986, effective February 27, 1987 (D.C. Law 6–204;

3 D.C. Code, sec. 21–2060), for the fiscal year ending Sep4 tember 30, 1996, shall be available for obligations in5 curred under the Act in each fiscal year since inception

6 in fiscal year 1989: Provided further, That not to exceed

7 $1,500 for the Chief Judge of the District of Columbia

8 Court of Appeals, $1,500 for the Chief Judge of the Supe9 rior Court of the District of Columbia, and $1,500 for the

10 Executive Officer of the District of Columbia Courts shall

11 be available from this appropriation for official purposes:

12 Provided further, That the District of Columbia shall oper13 ate and maintain a free, 24-hour telephone information

14 service whereby residents of the area surrounding Lorton

15 prison in Fairfax County, Virginia, can promptly obtain

16 information from District of Columbia government offi17 cials on all disturbances at the prison, including escapes,

18 riots, and similar incidents: Provided further, That the

19 District of Columbia government shall also take steps to

20 publicize the availability of the 24-hour telephone informa21 tion service among the residents of the area surrounding

22 the Lorton prison: Provided further, That not to exceed

23 $100,000 of this appropriation shall be used to reimburse

24 Fairfax County, Virginia, and Prince William County, Vir25 ginia, for expenses incurred by the counties during the fis-
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1 cal year ending September 30, 1996, in relation to the

2 Lorton prison complex: Provided further, That such reim3 bursements shall be paid in all instances in which the Dis4 trict requests the counties to provide police, fire, rescue,

5 and related services to help deal with escapes, fires, riots,

6 and similar disturbances involving the prison: Provided

7 further, That the Mayor shall reimburse the District of

8 Columbia National Guard for expenses incurred in connec9 tion with services that are performed in emergencies by

10 the National Guard in a militia status and are requested

11 by the Mayor, in amounts that shall be jointly determined

12 and certified as due and payable for these services by the

13 Mayor and the Commanding General of the District of Co14 lumbia National Guard: Provided further, That such sums

15 as may be necessary for reimbursement to the District of

16 Columbia National Guard under the preceding proviso

17 shall be available from this appropriation, and the avail18 ability of the sums shall be deemed as constituting pay19 ment in advance for emergency services involved.

20 PUBLIC EDUCATION SYSTEM

21 Public education system, including the development

22 of national defense education programs, $788,983,000

23 and 11,670 full-time equivalent positions (end-of-year)

24 (including $670,833,000 and 9,996 full-time equivalent

25 positions from local funds, $87,385,000 and 1,227 full-
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1 time equivalent positions from Federal funds,

2 $21,719,000 and 234 full-time equivalent positions from

3 other funds, and $9,046,000 and 213 full-time equivalent

4 positions from intra-District funds), to be allocated as fol5 lows: $577,242,000 and 10,167 full-time equivalent posi6 tions (including $494,556,000 and 9,014 full-time equiva7 lent positions from local funds, $75,786,000 and 1,058

8 full-time equivalent positions from Federal funds,

9 $4,343,000 and 44 full-time equivalent positions from

10 other funds, and $2,557,000 and 51 full-time equivalent

11 positions from intra-District funds), for the public schools

12 of the District of Columbia; $109,175,000 from local

13 funds shall be allocated for the District of Columbia

14 Teachers’ Retirement Fund; $79,269,000 and 1,079 full15 time equivalent positions (including $45,250,000 and 572

16 full-time equivalent positions from local funds,

17 $10,611,000 and 156 full-time equivalent positions from

18 Federal funds, $16,922,000 and 189 full-time equivalent

19 positions from other funds, and $6,486,000 and 162 full20 time equivalent positions from intra-District funds) for the

21 University of the District of Columbia; $21,062,000 and

22 415 full-time equivalent positions (including $20,159,000

23 and 408 full-time equivalent positions from local funds,

24 $446,000 and 6 full-time equivalent positions from Fed25 eral funds, $454,000 and 1 full-time equivalent position
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1 from other funds, and $3,000 from intra-District funds)

2 for the Public Library; $2,267,000 and 9 full-time equiva3 lent positions (including $1,725,000 and 2 full-time equiv4 alent positions from local funds and $542,000 and 7 full5 time equivalent positions from Federal funds) for the

6 Commission on the Arts and Humanities; $64,000 from

7 local funds for the District of Columbia School of Law

8 and a reduction of $96,000 for the Education Licensure

9 Commission: Provided, That the public schools of the Dis10 trict of Columbia are authorized to accept not to exceed

11 31 motor vehicles for exclusive use in the driver education

12 program: Provided further, That not to exceed $2,500 for

13 the Superintendent of Schools, $2,500 for the President

14 of the University of the District of Columbia, and $2,000

15 for the Public Librarian shall be available from this appro16 priation for expenditures for official purposes: Provided

17 further, That this appropriation shall not be available to

18 subsidize the education of nonresidents of the District of

19 Columbia at the University of the District of Columbia,

20 unless the Board of Trustees of the University of the Dis21 trict of Columbia adopts, for the fiscal year ending Sep22 tember 30, 1996, a tuition rate schedule that will establish

23 the tuition rate for nonresident students at a level no

24 lower than the nonresident tuition rate charged at com-
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1 parable public institutions of higher education in the met2 ropolitan area.

3 HUMAN SUPPORT SERVICES

4 Human support services, $1,845,638,000 and 6,469

5 full-time equivalent positions (end-of-year) (including

6 $1,067,516,000 and 3,650 full-time equivalent positions

7 from local funds, $726,685,000 and 2,639 full-time equiv8 alent positions from Federal funds, $46,763,000 and 66

9 full-time equivalent positions from other funds, and

10 $4,674,000 and 114 full-time equivalent positions from

11 intra-District funds): Provided, That $26,000,000 of this

12 appropriation, to remain available until expended, shall be

13 available solely for District of Columbia employees’ dis14 ability compensation: Provided further, That the District

15 shall not provide free government services such as water,

16 sewer, solid waste disposal or collection, utilities, mainte17 nance, repairs, or similar services to any legally con18 stituted private nonprofit organization (as defined in sec19 tion 411(5) of Public Law 100–77, approved July 22,

20 1987) providing emergency shelter services in the District,

21 if the District would not be qualified to receive reimburse22 ment pursuant to the Stewart B. McKinney Homeless As23 sistance Act, approved July 22, 1987 (101 Stat. 485; Pub24 lic Law 100–77; 42 U.S.C. 11301 et seq.).
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1 PUBLIC WORKS

2 Public works, including rental of one passenger-car3 rying vehicle for use by the Mayor and three passenger4 carrying vehicles for use by the Council of the District of

5 Columbia and purchase of passenger-carrying vehicles for

6 replacement only, $297,326,000 and 1,914 full-time equiv7 alent positions (end-of-year) (including $225,673,000 and

8 1,158 full-time equivalent positions from local funds,

9 $2,682,000 and 32 full-time equivalent positions from

10 Federal funds, $18,342,000 and 68 full-time equivalent

11 positions from other funds, and $50,629,000 and 656 full12 time equivalent positions from intra-District funds): Pro13 vided, That this appropriation shall not be available for

14 collecting ashes or miscellaneous refuse from hotels and

15 places of business.

16 WASHINGTON CONVENTION CENTER FUND

17 For payment to the Washington Convention Center

18 Fund, $5,400,000 from local funds.

19 REPAYMENT OF LOANS AND INTEREST

20 For reimbursement to the United States of funds

21 loaned in compliance with An Act to provide for the estab22 lishment of a modern, adequate, and efficient hospital cen23 ter in the District of Columbia, approved August 7, 1946

24 (60 Stat. 896; Public Law 79–648); section 1 of An Act

25 to authorize the Commissioners of the District of Colum-
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1 bia to borrow funds for capital improvement programs and

2 to amend provisions of law relating to Federal Govern3 ment participation in meeting costs of maintaining the

4 Nation’s Capital City, approved June 6, 1958 (72 Stat.

5 183; Public Law 85–451; D.C. Code, sec. 9–219); section

6 4 of An Act to authorize the Commissioners of the District

7 of Columbia to plan, construct, operate, and maintain a

8 sanitary sewer to connect the Dulles International Airport

9 with the District of Columbia system, approved June 12,

10 1960 (74 Stat. 211; Public Law 86–515); sections 723

11 and 743(f) of the District of Columbia Self-Government

12 and Governmental Reorganization Act of 1973, approved

13 December 24, 1973, as amended (87 Stat. 821; Public

14 Law 93–198; D.C. Code, sec. 47–321, note; 91 Stat.

15 1156; Public Law 95–131; D.C. Code, sec. 9–219, note),

16 including interest as required thereby, $327,787,000 from

17 local funds.

18 REPAYMENT OF GENERAL FUND RECOVERY DEBT

19 For the purpose of eliminating the $331,589,000

20 general fund accumulated deficit as of September 30,

21 1990, $38,678,000 from local funds, as authorized by sec22 tion 461(a) of the District of Columbia Self-Government

23 and Governmental Reorganization Act, approved Decem24 ber 24, 1973, as amended (105 Stat. 540; Public Law

25 102–106; D.C. Code, sec. 47–321(a)).
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1 SHORT-TERM BORROWING

2 For short-term borrowing, $9,698,000 from local

3 funds.

4 PAY RENEGOTIATION OR REDUCTION

5 IN COMPENSATION

6 The Mayor shall reduce appropriations and expendi7 tures for personal services in the amount of $46,409,000,

8 by decreasing rates of compensation for District govern9 ment employees; such decreased rates are to be realized

10 for employees who are subject to collective bargaining

11 agreements to the extent possible through the renegoti12 ation of existing collective bargaining agreements: Pro13 vided, That, if a sufficient reduction from employees who

14 are subject to collective bargaining agreements is not real15 ized through renegotiating existing agreements, the Mayor

16 shall decrease rates of compensation for such employees,

17 notwithstanding the provisions of any collective bargaining

18 agreements.

19 RAINY DAY FUND

20 For mandatory unavoidable expenditures within one

21 or several of the various appropriation headings of this

22 Act, to be allocated to the budgets for personal services

23 and nonpersonal services as requested by the Mayor and

24 approved by the Council pursuant to the procedures in sec25 tion 4 of the Reprogramming Policy Act of 1980, effective
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1 September 16, 1980 (D.C. Law 3–100; D.C. Code, sec.

2 47–363), $4,563,000 from local funds: Provided, That the

3 District of Columbia shall provide to the Committees on

4 Appropriations of the House of Representatives and the

5 Senate quarterly reports by the 15th day of the month

6 following the end of the quarter showing how monies pro7 vided under this fund are expended with a final report pro8 viding a full accounting of the fund due October 15, 1996

9 or not later than 15 days after the last amount remaining

10 in the fund is disbursed.

11 INCENTIVE BUYOUT PROGRAM

12 For the purpose of funding costs associated with the

13 incentive buyout program, to be apportioned by the Mayor

14 of the District of Columbia within the various appropria15 tion headings in this Act from which costs are properly

16 payable, $19,000,000.

17 OUTPLACEMENT SERVICES

18 For the purpose of funding outplacement services for

19 employees who leave the District of Columbia government

20 involuntarily, $1,500,000.

21 BOARDS AND COMMISSIONS

22 The Mayor shall reduce appropriations and expendi23 tures for boards and commissions under the various head24 ings in this Act in the amount of $500,000.
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1 GOVERNMENT RE-ENGINEERING PROGRAM

2 The Mayor shall reduce appropriations and expendi3 tures for personal and nonpersonal services in the amount

4 of $16,000,000 within one or several of the various appro5 priation headings in this Act.

6 PERSONAL AND NONPERSONAL SERVICES

7 ADJUSTMENTS

8 Notwithstanding any other provision of law, the

9 Mayor shall adjust appropriations and expenditures for

10 personal and nonpersonal services, together with the relat11 ed full-time equivalent positions, in accordance with the

12 direction of the District of Columbia Financial Respon13 sibility and Management Assistance Authority such that

14 there is a net reduction of $148,411,000, within or among

15 one or several of the various appropriation headings in this

16 Act, pursuant to section 208 of Public Law 104–8, ap17 proved April 17, 1995 (109 Stat. 134).

18 CAPITAL OUTLAY

19 (INCLUDING RESCISSIONS)

20 For construction projects, $168,222,000, as author21 ized by An Act authorizing the laying of water mains and

22 service sewers in the District of Columbia, the levying of

23 assessments therefor, and for other purposes, approved

24 April 22, 1904 (33 Stat. 244; Public Law 58–140; D.C.

25 Code, secs. 43–1512 through 43–1519); the District of
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1 Columbia Public Works Act of 1954, approved May 18,

2 1954 (68 Stat. 101; Public Law 83–364); An Act to au3 thorize the Commissioners of the District of Columbia to

4 borrow funds for capital improvement programs and to

5 amend provisions of law relating to Federal Government

6 participation in meeting costs of maintaining the Nation’s

7 Capital City, approved June 6, 1958 (72 Stat. 183; Public

8 Law 85–451; including acquisition of sites, preparation of

9 plans and specifications, conducting preliminary surveys,

10 erection of structures, including building improvement and

11 alteration and treatment of grounds, to remain available

12 until expended: Provided, That $105,660,000 appro13 priated under this heading in prior fiscal years is re14 scinded: Provided further, That funds for use of each cap15 ital project implementing agency shall be managed and

16 controlled in accordance with all procedures and limita17 tions established under the Financial Management Sys18 tem: Provided further, That all funds provided by this ap19 propriation title shall be available only for the specific

20 projects and purposes intended: Provided further, That

21 notwithstanding the foregoing, all authorizations for cap22 ital outlay projects, except those projects covered by the

23 first sentence of section 23(a) of the Federal-Aid Highway

24 Act of 1968, approved August 23, 1968 (82 Stat. 827;

25 Public Law 90–495; D.C. Code, sec. 7–134, note), for
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1 which funds are provided by this appropriation title, shall

2 expire on September 30, 1997, except authorizations for

3 projects as to which funds have been obligated in whole

4 or in part prior to September 30, 1997: Provided further,

5 That upon expiration of any such project authorization the

6 funds provided herein for the project shall lapse.

7 WATER AND SEWER ENTERPRISE FUND

8 For the Water and Sewer Enterprise Fund,

9 $193,398,000 and 1,024 full-time equivalent positions

10 (end-of-year) (including $188,221,000 and 924 full-time

11 equivalent positions from local funds, $433,000 from other

12 funds, and $4,744,000 and 100 full-time equivalent posi13 tions from intra-District funds), of which $41,036,000

14 shall be apportioned and payable to the debt service fund

15 for repayment of loans and interest incurred for capital

16 improvement projects.

17 For construction projects, $39,477,000, as author18 ized by An Act authorizing the laying of water mains and

19 service sewers in the District of Columbia, the levying of

20 assessments therefor, and for other purposes, approved

21 April 22, 1904 (33 Stat. 244; Public Law 58–140; D.C.

22 Code, sec. 43–1512 et seq.): Provided, That the require23 ments and restrictions that are applicable to general fund

24 capital improvement projects and set forth in this Act
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1 under the Capital Outlay appropriation title shall apply

2 to projects approved under this appropriation title.

3 LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

4 For the Lottery and Charitable Games Enterprise

5 Fund, established by the District of Columbia Appropria6 tion Act for the fiscal year ending September 30, 1982,

7 approved December 4, 1981 (95 Stat. 1174, 1175; Public

8 Law 97–91), as amended, for the purpose of implementing

9 the Law to Legalize Lotteries, Daily Numbers Games, and

10 Bingo and Raffles for Charitable Purposes in the District

11 of Columbia, effective March 10, 1981 (D.C. Law 3–172;

12 D.C. Code, secs. 2–2501 et seq. and 22–1516 et seq.),

13 $229,907,000 and 88 full-time equivalent positions (end14 of-year) (including $8,099,000 and 88 full-time equivalent

15 positions for administrative expenses and $221,808,000

16 for non-administrative expenses from revenue generated

17 by the Lottery Board), to be derived from non-Federal

18 District of Columbia revenues: Provided, That the District

19 of Columbia shall identify the source of funding for this

20 appropriation title from the District’s own locally-gen21 erated revenues: Provided further, That no revenues from

22 Federal sources shall be used to support the operations

23 or activities of the Lottery and Charitable Games Control

24 Board.
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1 CABLE TELEVISION ENTERPRISE FUND

2 For the Cable Television Enterprise Fund, estab3 lished by the Cable Television Communications Act of

4 1981, effective October 22, 1983 (D.C. Law 5–36; D.C.

5 Code, sec. 43–1801 et seq.), $2,469,000 and 8 full-time

6 equivalent positions (end-of-year) (including $2,137,000

7 and 8 full-time equivalent positions from local funds and

8 $332,000 from other funds), of which $690,000 shall be

9 transferred to the general fund of the District of Colum10 bia.

11 STARPLEX FUND

12 For the Starplex Fund, $8,637,000 from other funds

13 for the expenses incurred by the Armory Board in the ex14 ercise of its powers granted by An Act To Establish a Dis15 trict of Columbia Armory Board, and for other purposes,

16 approved June 4, 1948 (62 Stat. 339; D.C. Code, sec. 2–

17 301 et seq.) and the District of Columbia Stadium Act

18 of 1957, approved September 7, 1957 (71 Stat. 619; Pub19 lic Law 85–300; D.C. Code, sec. 2–321 et seq.): Provided,

20 That the Mayor shall submit a budget for the Armory

21 Board for the forthcoming fiscal year as required by sec22 tion 442(b) of the District of Columbia Self-Government

23 and Governmental Reorganization Act, approved Decem24 ber 24, 1973 (87 Stat. 824; Public Law 93–198; D.C.

25 Code, sec. 47–301(b)).
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1 D.C. GENERAL HOSPITAL

2 For the District of Columbia General Hospital, estab3 lished by Reorganization Order No. 57 of the Board of

4 Commissioners, effective August 15, 1953, a reduction of

5 $2,487,000 and a reduction of 180 full-time equivalent po6 sitions in intra-District funds.

7 D.C. RETIREMENT BOARD

8 For the D.C. Retirement Board, established by sec9 tion 121 of the District of Columbia Comprehensive Re10 tirement Reform Act of 1989, approved November 17,

11 1989 (93 Stat. 866; D.C. Code, sec. 1–711), $13,417,000

12 and 11 full-time equivalent positions (end-of-year) from

13 the earnings of the applicable retirement funds to pay

14 legal, management, investment, and other fees and admin15 istrative expenses of the District of Columbia Retirement

16 Board: Provided, That the District of Columbia Retire17 ment Board shall provide to the Congress and to the

18 Council of the District of Columbia a quarterly report of

19 the allocations of charges by fund and of expenditures of

20 all funds: Provided further, That the District of Columbia

21 Retirement Board shall provide the Mayor, for transmittal

22 to the Council of the District of Columbia, an item ac23 counting of the planned use of appropriated funds in time

24 for each annual budget submission and the actual use of
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1 such funds in time for each annual audited financial re2 port.

3 CORRECTIONAL INDUSTRIES FUND

4 For the Correctional Industries Fund, established by

5 the District of Columbia Correctional Industries Estab6 lishment Act, approved October 3, 1964 (78 Stat. 1000;

7 Public Law 88–622), $10,048,000 and 66 full-time equiv8 alent positions (end-of-year) (including $3,415,000 and 22

9 full-time equivalent positions from other funds and

10 $6,633,000 and 44 full-time equivalent positions from

11 intra-District funds).

12 WASHINGTON CONVENTION CENTER ENTERPRISE FUND

13 For the Washington Convention Center Enterprise

14 Fund, $37,957,000, of which $5,400,000 shall be derived

15 by transfer from the general fund.

16 DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY

17 AND MANAGEMENT ASSISTANCE AUTHORITY

18 For the District of Columbia Financial Responsibility

19 and Management Assistance Authority, established by sec20 tion 101(a) of the District of Columbia Financial Respon21 sibility and Management Assistance Act of 1995, approved

22 April 17, 1995 (109 Stat. 97; Public Law 104–8),

23 $3,500,000.
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1 GENERAL PROVISIONS

2 SEC. 101. The expenditure of any appropriation

3 under this Act for any consulting service through procure4 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

5 to those contracts where such expenditures are a matter

6 of public record and available for public inspection, except

7 where otherwise provided under existing law, or under

8 existing Executive order issued pursuant to existing law.

9 SEC. 102. Except as otherwise provided in this Act,

10 all vouchers covering expenditures of appropriations con11 tained in this Act shall be audited before payment by the

12 designated certifying official and the vouchers as approved

13 shall be paid by checks issued by the designated disbursing

14 official.

15 SEC. 103. Whenever in this Act, an amount is speci16 fied within an appropriation for particular purposes or ob17 jects of expenditure, such amount, unless otherwise speci18 fied, shall be considered as the maximum amount that

19 may be expended for said purpose or object rather than

20 an amount set apart exclusively therefor.

21 SEC. 104. Appropriations in this Act shall be avail22 able, when authorized by the Mayor, for allowances for

23 privately owned automobiles and motorcycles used for the

24 performance of official duties at rates established by the

25 Mayor: Provided, That such rates shall not exceed the
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1 maximum prevailing rates for such vehicles as prescribed

2 in the Federal Property Management Regulations 101–7

3 (Federal Travel Regulations).

4 SEC. 105. Appropriations in this Act shall be avail5 able for expenses of travel and for the payment of dues

6 of organizations concerned with the work of the District

7 of Columbia government, when authorized by the Mayor:

8 Provided, That the Council of the District of Columbia

9 and the District of Columbia Courts may expend such

10 funds without authorization by the Mayor.

11 SEC. 106. There are appropriated from the applicable

12 funds of the District of Columbia such sums as may be

13 necessary for making refunds and for the payment of

14 judgments that have been entered against the District of

15 Columbia government: Provided, That nothing contained

16 in this section shall be construed as modifying or affecting

17 the provisions of section 11(c)(3) of title XII of the Dis18 trict of Columbia Income and Franchise Tax Act of 1947,

19 approved March 31, 1956 (70 Stat. 78; Public Law 84–

20 460; D.C. Code, sec. 47–1812.11(c)(3)).

21 SEC. 107. Appropriations in this Act shall be avail22 able for the payment of public assistance without reference

23 to the requirement of section 544 of the District of Colum24 bia Public Assistance Act of 1982, effective April 6, 1982

25 (D.C. Law 4–101; D.C. Code, sec. 3–205.44), and for the
26

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1 non-Federal share of funds necessary to qualify for Fed2 eral assistance under the Juvenile Delinquency Prevention

3 and Control Act of 1968, approved July 31, 1968 (82

4 Stat. 462; Public Law 90–445; 42 U.S.C. 3801 et seq.).

5 SEC. 108. No part of any appropriation contained in

6 this Act shall remain available for obligation beyond the

7 current fiscal year unless expressly so provided herein.

8 SEC. 109. No funds appropriated in this Act for the

9 District of Columbia government for the operation of edu10 cational institutions, the compensation of personnel, or for

11 other educational purposes may be used to permit, encour12 age, facilitate, or further partisan political activities.

13 Nothing herein is intended to prohibit the availability of

14 school buildings for the use of any community or partisan

15 political group during non-school hours.

16 SEC. 110. The annual budget for the District of Co17 lumbia government for the fiscal year ending September

18 30, 1997, shall be transmitted to the Congress no later

19 than April 15, 1996.

20 SEC. 111. None of the funds appropriated in this Act

21 shall be made available to pay the salary of any employee

22 of the District of Columbia government whose name, title,

23 grade, salary, past work experience, and salary history are

24 not available for inspection by the House and Senate Com25 mittees on Appropriations, the House Committee on Gov-
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1 ernment Reform and Oversight, District of Columbia Sub2 committee, the Subcommittee on General Services, Fed3 eralism, and the District of Columbia, of the Senate Com4 mittee on Governmental Affairs, and the Council of the

5 District of Columbia, or their duly authorized representa6 tive: Provided, That none of the funds contained in this

7 Act shall be made available to pay the salary of any em8 ployee of the District of Columbia government whose name

9 and salary are not available for public inspection.

10 SEC. 112. There are appropriated from the applicable

11 funds of the District of Columbia such sums as may be

12 necessary for making payments authorized by the District

13 of Columbia Revenue Recovery Act of 1977, effective Sep14 tember 23, 1977 (D.C. Law 2–20; D.C. Code, sec. 47–

15 421 et seq.).

16 SEC. 113. No part of this appropriation shall be used

17 for publicity or propaganda purposes or implementation

18 of any policy including boycott designed to support or de19 feat legislation pending before Congress or any State legis20 lature.

21 SEC. 114. At the start of the fiscal year, the Mayor

22 shall develop an annual plan, by quarter and by project,

23 for capital outlay borrowings: Provided, That within a rea24 sonable time after the close of each quarter, the Mayor

25 shall report to the Council of the District of Columbia and
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1 the Congress the actual borrowings and spending progress

2 compared with projections.

3 SEC. 115. The Mayor shall not borrow any funds for

4 capital projects unless the Mayor has obtained prior ap5 proval from the Council of the District of Columbia, by

6 resolution, identifying the projects and amounts to be fi7 nanced with such borrowings.

8 SEC. 116. The Mayor shall not expend any moneys

9 borrowed for capital projects for the operating expenses

10 of the District of Columbia government.

11 SEC. 117. None of the funds appropriated by this Act

12 may be obligated or expended by reprogramming except

13 pursuant to advance approval of the reprogramming

14 granted according to the procedure set forth in the Joint

15 Explanatory Statement of the Committee of Conference

16 (House Report No. 96–443), which accompanied the Dis17 trict of Columbia Appropriation Act, 1980, approved Octo18 ber 30, 1979 (93 Stat. 713; Public Law 96–93), as modi19 fied in House Report No. 98–265, and in accordance with

20 the Reprogramming Policy Act of 1980, effective Septem21 ber 16, 1980 (D.C. Law 3–100; D.C. Code, sec. 47–361

22 et seq.).

23 SEC. 118. None of the Federal funds provided in this

24 Act shall be obligated or expended to provide a personal
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1 cook, chauffeur, or other personal servants to any officer

2 or employee of the District of Columbia.

3 SEC. 119. None of the Federal funds provided in this

4 Act shall be obligated or expended to procure passenger

5 automobiles as defined in the Automobile Fuel Efficiency

6 Act of 1980, approved October 10, 1980 (94 Stat. 1824;

7 Public Law 96–425; 15 U.S.C. 2001(2)), with an Environ8 mental Protection Agency estimated miles per gallon aver9 age of less than 22 miles per gallon: Provided, That this

10 section shall not apply to security, emergency rescue, or

11 armored vehicles.

12 SEC. 120. (a) Notwithstanding section 422(7) of the

13 District of Columbia Self-Government and Governmental

14 Reorganization Act of 1973, approved December 24, 1973

15 (87 Stat. 790; Public Law 93–198; D.C. Code, sec. 1–

16 242(7)), the City Administrator shall be paid, during any

17 fiscal year, a salary at a rate established by the Mayor,

18 not to exceed the rate established for level IV of the Exec19 utive Schedule under 5 U.S.C. 5315.

20 (b) For purposes of applying any provision of law lim21 iting the availability of funds for payment of salary or pay

22 in any fiscal year, the highest rate of pay established by

23 the Mayor under subsection (a) of this section for any po24 sition for any period during the last quarter of calendar
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1 year 1995 shall be deemed to be the rate of pay payable

2 for that position for September 30, 1995.

3 (c) Notwithstanding section 4(a) of the District of

4 Columbia Redevelopment Act of 1945, approved August

5 2, 1946 (60 Stat. 793; Public Law 79–592; D.C. Code,

6 sec. 5–803(a)), the Board of Directors of the District of

7 Columbia Redevelopment Land Agency shall be paid, dur8 ing any fiscal year, per diem compensation at a rate estab9 lished by the Mayor.

10 SEC. 121. Notwithstanding any other provisions of

11 law, the provisions of the District of Columbia Govern12 ment Comprehensive Merit Personnel Act of 1978, effec13 tive March 3, 1979 (D.C. Law 2–139; D.C. Code, sec. 1–

14 601.1 et seq.), enacted pursuant to section 422(3) of the

15 District of Columbia Self-Government and Governmental

16 Reorganization Act of 1973, approved December 24, 1973

17 (87 Stat. 790; Public Law 93–198; D.C. Code, sec. 1–

18 242(3)), shall apply with respect to the compensation of

19 District of Columbia employees: Provided, That for pay

20 purposes, employees of the District of Columbia govern21 ment shall not be subject to the provisions of title 5 of

22 the United States Code.

23 SEC. 122. The Director of the Department of Admin24 istrative Services may pay rentals and repair, alter, and

25 improve rented premises, without regard to the provisions
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1 of section 322 of the Economy Act of 1932 (Public Law

2 72–212; 40 U.S.C. 278a), upon a determination by the

3 Director, that by reason of circumstances set forth in such

4 determination, the payment of these rents and the execu5 tion of this work, without reference to the limitations of

6 section 322, is advantageous to the District in terms of

7 economy, efficiency, and the District’s best interest.

8 SEC. 123. No later than 30 days after the end of the

9 first quarter of the fiscal year ending September 30, 1996,

10 the Mayor of the District of Columbia shall submit to the

11 Council of the District of Columbia the new fiscal year

12 1996 revenue estimates as of the end of the first quarter

13 of fiscal year 1996. These estimates shall be used in the

14 budget request for the fiscal year ending September 30,

15 1997. The officially revised estimates at midyear shall be

16 used for the midyear report.

17 SEC. 124. No sole source contract with the District

18 of Columbia government or any agency thereof may be re19 newed or extended without opening that contract to the

20 competitive bidding process as set forth in section 303 of

21 the District of Columbia Procurement Practices Act of

22 1985, effective February 21, 1986 (D.C. Law 6–85; D.C.

23 Code, sec. 1–1183.3), except that the District of Columbia

24 Public Schools may renew or extend sole source contracts

25 for which competition is not feasible or practical, provided
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1 that the determination as to whether to invoke the com2 petitive bidding process has been made in accordance with

3 duly promulgated Board of Education rules and proce4 dures.

5 SEC. 125. For purposes of the Balanced Budget and

6 Emergency Deficit Control Act of 1985, approved Decem7 ber 12, 1985 (99 Stat. 1037; Public Law 99–177), as

8 amended, the term ‘‘program, project, and activity’’ shall

9 be synonymous with and refer specifically to each account

10 appropriating Federal funds in this Act, and any seques11 tration order shall be applied to each of the accounts rath12 er than to the aggregate total of those accounts: Provided,

13 That sequestration orders shall not be applied to any ac14 count that is specifically exempted from sequestration by

15 the Balanced Budget and Emergency Deficit Control Act

16 of 1985, approved December 12, 1985 (99 Stat. 1037;

17 Public Law 99–177), as amended.

18 SEC. 126. In the event a sequestration order is issued

19 pursuant to the Balanced Budget and Emergency Deficit

20 Control Act of 1985, approved December 12, 1985 (99

21 Stat. 1037: Public Law 99–177), as amended, after the

22 amounts appropriated to the District of Columbia for the

23 fiscal year involved have been paid to the District of Co24 lumbia, the Mayor of the District of Columbia shall pay

25 to the Secretary of the Treasury, within 15 days after re-
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1 ceipt of a request therefor from the Secretary of the

2 Treasury, such amounts as are sequestered by the order:

3 Provided, That the sequestration percentage specified in

4 the order shall be applied proportionately to each of the

5 Federal appropriation accounts in this Act that are not

6 specifically exempted from sequestration by the Balanced

7 Budget and Emergency Deficit Control Act of 1985, ap8 proved December 12, 1985 (99 Stat. 1037; Public Law

9 99–177), as amended.

10 SEC. 127. For the fiscal year ending September 30,

11 1996, the District of Columbia shall pay interest on its

12 quarterly payments to the United States that are made

13 more than 60 days from the date of receipt of an itemized

14 statement from the Federal Bureau of Prisons of amounts

15 due for housing District of Columbia convicts in Federal

16 penitentiaries for the preceding quarter.

17 SEC. 128. Nothing in this Act shall be construed to

18 authorize any office, agency or entity to expend funds for

19 programs or functions for which a reorganization plan is

20 required but has not been approved by the Council pursu21 ant to section 422(12) of the District of Columbia Self22 Government and Governmental Reorganization Act of

23 1973, approved December 24, 1973 (87 Stat. 790; Public

24 Law 93–198; D.C. Code, sec. 1–242(12)) and the Govern25 mental Reorganization Procedures Act of 1981, effective
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1 October 17, 1981 (D.C. Law 4–42; D.C. Code, secs. 1–

2 299.1 to 1–299.7). Appropriations made by this Act for

3 such programs or functions are conditioned on the ap4 proval by the Council, prior to October 1, 1995, of the

5 required reorganization plans.

6 SEC. 129. (a) An entity of the District of Columbia

7 government may accept and use a gift or donation during

8 fiscal year 1996 if—

9 (1) the Mayor approves the acceptance and use

10 of the gift or donation: Provided, That the Council

11 of the District of Columbia may accept and use gifts

12 without prior approval by the Mayor; and

13 (2) the entity uses the gift or donation to carry

14 out its authorized functions or duties.

15 (b) Each entity of the District of Columbia govern16 ment shall keep accurate and detailed records of the ac17 ceptance and use of any gift or donation under subsection

18 (a) of this section, and shall make such records available

19 for audit and public inspection.

20 (c) For the purposes of this section, the term ‘‘entity

21 of the District of Columbia government’’ includes an inde22 pendent agency of the District of Columbia.

23 (d) This section shall not apply to the District of Co24 lumbia Board of Education, which may, pursuant to the

25 laws and regulations of the District of Columbia, accept
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1 and use gifts to the public schools without prior approval

2 by the Mayor.

3 SEC. 130. None of the Federal funds provided in this

4 Act may be used by the District of Columbia to provide

5 for salaries, expenses, or other costs associated with the

6 offices of United States Senator or United States Rep7 resentatives under section 4(d) of the District of Columbia

8 Statehood Constitutional Convention Initiatives of 1979,

9 effective March 10, 1981 (D.C. Law 3–171; D.C. Code,

10 sec. 1–113(d)).

11 PROHIBITION AGAINST USE OF FUNDS FOR ABORTIONS

12 SEC. 131. (a) IN GENERAL.—Section 602(a) of the

13 District of Columbia Self-Government and Governmental

14 Reorganization Act (sec. 1–233(a), D.C. Code), as amend15 ed by section 108(b)(2) of the District of Columbia Finan16 cial Responsibility and Management Assistance Act of

17 1995, is amended—

18 (1) by striking ‘‘or’’ at the end of paragraph

19 (9);

20 (2) by striking the period at the end of para21 graph (10) and inserting ‘‘; or’’; and

22 (3) by adding at the end the following new

23 paragraph:

24 ‘‘(11) enact any act, resolution, or rule which

25 obligates or expends funds of the District of Colum26 bia (without regard to the source of such funds) for
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1 any abortion, or which appropriates funds to any fa2 cility owned or operated by the District of Columbia

3 in which any abortion is performed, except where the

4 life of the mother would be endangered if the fetus

5 were carried to term, or in cases of forcible rape re6 ported within 30 days to a law enforcement agency,

7 or cases of incest reported to a law enforcement

8 agency or child abuse agency prior to the perform9 ance of the abortion.’’.

10 (b) EFFECTIVE DATE.—The amendment made by

11 subsection (a) shall apply to acts, resolutions, or rules of

12 the Council of the District of Columbia which take effect

13 in fiscal years beginning with fiscal year 1996.

14 SEC. 132. None of the funds appropriated in this Act

15 shall be obligated or expended on any proposed change in

16 either the use or configuration of, or on any proposed im17 provement to, the Municipal Fish Wharf until such pro18 posed change or improvement has been reviewed and ap19 proved by Federal and local authorities including, but not

20 limited to, the National Capital Planning Commission, the

21 Commission of Fine Arts, and the Council of the District

22 of Columbia, in compliance with applicable local and Fed23 eral laws which require public hearings, compliance with

24 applicable environmental regulations including, but not

25 limited to, any amendments to the Washington, D.C.
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1 urban renewal plan which must be approved by both the

2 Council of the District of Columbia and the National Cap3 ital Planning Commission.

4 SEC. 133. (a) SENSE OF CONGRESS.—It is the sense

5 of the Congress that, to the greatest extent practicable,

6 all equipment and products purchased with funds made

7 available in this Act should be American-made.

8 (b) NOTICE REQUIREMENT.—In providing financial

9 assistance to, or entering into any contract with, any en10 tity using funds made available in this Act, the head of

11 each agency of the Federal or District of Columbia govern12 ment, to the greatest extent practicable, shall provide to

13 such entity a notice describing the statement made in sub14 section (a) by the Congress.

15 SEC. 134. No funds made available pursuant to any

16 provision of this Act shall be used to implement or enforce

17 any system of registration of unmarried, cohabiting cou18 ples whether they are homosexual, lesbian, or hetero19 sexual, including but not limited to registration for the

20 purpose of extending employment, health, or governmental

21 benefits to such couples on the same basis such benefits

22 are extended to legally married couples; nor shall any

23 funds made available pursuant to any provision of this Act

24 otherwise be used to implement or enforce D.C. Act 9–
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1 188, signed by the Mayor of the District of Columbia on

2 April 15, 1992.

3 SEC. 135. Sections 431(f) and 433(b)(5) of the Dis4 trict of Columbia Self-Government and Governmental Re5 organization Act, approved December 24, 1973 (87 Stat.

6 813; Public Law 93–198; D.C. Code, secs. 11–1524 and

7 title 11, App. 433), are amended to read as follows:

8 (a) Section 431(f) (D.C. Code, sec. 11–1524) is

9 amended to read as follows:

10 ‘‘(f) Members of the Tenure Commission shall serve

11 without compensation for services rendered in connection

12 with their official duties on the Commission.’’.

13 (b) Section 433(b)(5) (title 11, App. 433) is

14 amended to read as follows:

15 ‘‘(5) Members of the Commission shall serve

16 without compensation for services rendered in con17 nection with their official duties on the Commis18 sion.’’.

19 SEC. 136. Section 451 of the District of Columbia

20 Self-Government and Governmental Reorganization Act of

21 1973, approved December 24, 1973 (87 Stat. 803; Public

22 Law 93–198; D.C. Code, sec. 1–1130), is amended by

23 adding a new subsection (c) to read as follows:

24 ‘‘(c)(1) The District may enter into multiyear con25 tracts to obtain goods and services for which funds would
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1 otherwise be available for obligation only within the fiscal

2 year for which appropriated.

3 ‘‘(2) If the funds are not made available for the con4 tinuation of such a contract into a subsequent fiscal year,

5 the contract shall be cancelled or terminated, and the cost

6 of cancellation or termination may be paid from—

7 ‘‘(A) appropriations originally available for the

8 performance of the contract concerned;

9 ‘‘(B) appropriations currently available for pro10 curement of the type of acquisition covered by the

11 contract, and not otherwise obligated; or

12 ‘‘(C) funds appropriated for those payments.

13 ‘‘(3) No contract entered into under this section shall

14 be valid unless the Mayor submits the contract to the

15 Council for its approval and the Council approves the con16 tract (in accordance with criteria established by act of the

17 Council). The Council shall be required to take affirmative

18 action to approve the contract within 45 days. If no action

19 is taken to approve the contract within 45 calendar days,

20 the contract shall be deemed disapproved.’’.

21 SEC. 137. The District of Columbia Real Property

22 Tax Revision Act of 1974, approved September 3, 1974

23 (88 Stat. 1051; D.C. Code, sec. 47–801 et seq.), is amend24 ed as follows:
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1 (1) Section 412 (D.C. Code, sec. 47–812) is

2 amended as follows:

3 (A) Subsection (a) is amended by striking

4 the third and fourth sentences and inserting the

5 following sentences in their place: ‘‘If the Coun6 cil does extend the time for establishing the

7 rates of taxation on real property, it must es8 tablish those rates for the tax year by perma9 nent legislation. If the Council does not estab10 lish the rates of taxation of real property by Oc11 tober 15, and does not extend the time for es12 tablishing rates, the rates of taxation applied

13 for the prior year shall be the rates of taxation

14 applied during the tax year.’’.

15 (B) A new subsection (a–2) is added to

16 read as follows:

17 ‘‘(a–2) Notwithstanding the provisions of subsection

18 (a) of this section, the real property tax rates for taxable

19 real property in the District of Columbia for the tax year

20 beginning October 1, 1995, and ending September 30,

21 1996, shall be the same rates in effect for the tax year

22 beginning October 1, 1993, and ending September 30,

23 1994.’’.

24 (2) Section 413(c) (D.C. Code, sec. 47–815(c))

25 is repealed.
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1 SEC. 138. Title 18 U.S.C. 1761(b) is amended by

2 striking the period at the end and inserting the phrase

3 ‘‘or not-for-profit organizations.’’ in its place.

4 SEC. 139. Within 120 days of the effective date of

5 this Act, the Mayor shall submit to the Congress and the

6 Council a report delineating the actions taken by the exec7 utive to effect the directives of the Council in this Act,

8 including—

9 (1) negotiations with representatives of collec10 tive bargaining units to reduce employee compensa11 tion;

12 (2) actions to restructure existing long-term

13 city debt;

14 (3) actions to apportion the spending reductions

15 anticipated by the directives of this Act to the execu16 tive for unallocated reductions; and

17 (4) a list of any position that is backfilled in18 cluding description, title, and salary of the position.

19 SEC. 140. The Board of Education shall submit to

20 the Congress, Mayor, and Council of the District of Co21 lumbia no later than fifteen (15) calendar days after the

22 end of each month a report that sets forth—

23 (1) current month expenditures and obligations,

24 year-to-date expenditures and obligations, and total

25 fiscal year expenditure projections vs. budget broken
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1 out on the basis of control center, responsibility cen2 ter, agency reporting code, and object class, and for

3 all funds, including capital financing;

4 (2) a breakdown of FTE positions and staff for

5 the most current pay period broken out on the basis

6 of control center, responsibility center, and agency

7 reporting code within each responsibility center, for

8 all funds, including capital funds;

9 (3) a list of each account for which spending is

10 frozen and the amount of funds frozen, broken out

11 by control center, responsibility center, detailed ob12 ject, and agency reporting code, and for all funding

13 sources;

14 (4) a list of all active contracts in excess of

15 $10,000 annually, which contains; the name of each

16 contractor; the budget to which the contract is

17 charged broken out on the basis of control center,

18 responsibility center, and agency reporting code; and

19 contract identifying codes used by the D.C. Public

20 Schools; payments made in the last month and year21 to-date, the total amount of the contract and total

22 payments made for the contract and any modifica23 tions, extensions, renewals; and specific modifica24 tions made to each contract in the last month;
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1 (5) all reprogramming requests and reports

2 that are required to be, and have been, submitted to

3 the Board of Education; and

4 (6) changes made in the last month to the orga5 nizational structure of the D.C. Public Schools, dis6 playing previous and current control centers and re7 sponsibility centers, the names of the organizational

8 entities that have been changed, the name of the

9 staff member supervising each entity affected, and

10 the reasons for the structural change.

11 SEC. 141. The University of the District of Columbia

12 shall submit to the Congress, Mayor, and Council of the

13 District of Columbia no later than fifteen (15) calendar

14 days after the end of each month a report that sets

15 forth—

16 (1) current month expenditures and obligations,

17 year-to-date expenditures and obligations, and total

18 fiscal year expenditure projections vs. budget broken

19 out on the basis of control center, responsibility cen20 ter, and object class, and for all funds, including

21 capital financing;

22 (2) a breakdown of FTE positions and all em23 ployees for the most current pay period broken out

24 on the basis of control center and responsibility cen25 ter, for all funds, including capital funds.
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1 (3) a list of each account for which spending is

2 frozen and the amount of funds frozen, broken out

3 by control center, responsibility center, detailed ob4 ject, and for all funding sources;

5 (4) a list of all active contracts in excess of

6 $10,000 annually, which contains: the name of each

7 contractor; the budget to which the contract is

8 charged broken out on the basis of control center

9 and responsibility center, and contract identifying

10 codes used by the University of the District of Co11 lumbia; payments made in the last month and year12 to-date, the total amount of the contract and total

13 payments made for the contract and any modifica14 tions, extensions, renewals; and specific modifica15 tions made to each contract in the last month;

16 (5) all reprogramming requests and reports

17 that have been made by the University of the Dis18 trict of Columbia within the last month in compli19 ance with applicable law; and

20 (6) changes made in the last month to the orga21 nizational structure of the University of the District

22 of Columbia, displaying previous and current control

23 centers and responsibility centers, the names of the

24 organizational entities that have been changed, the
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1 name of the staff member supervising each entity af2 fected, and the reasons for the structural change.

3 SEC. 142. (a) The Board of Education of the District

4 of Columbia and the University of the District of Colum5 bia shall annually compile an accurate and verifiable re6 port on the positions and employees in the public school

7 system and the university, respectively. The annual report

8 shall set forth—

9 (1) the number of validated schedule A posi10 tions in the District of Columbia Public Schools and

11 the University of the District of Columbia for fiscal

12 year 1995, fiscal year 1996, and thereafter on full13 time equivalent basis, including a compilation of all

14 positions by control center, responsibility center,

15 funding source, position type, position title, pay

16 plan, grade, and annual salary; and

17 (2) a compilation of all employees in the Dis18 trict of Columbia Public Schools and the University

19 of the District of Columbia as of the preceding De20 cember 31, verified as to its accuracy in accordance

21 with the functions that each employee actually per22 forms, by control center, responsibility center, agen23 cy reporting code, program (including funding

24 source), activity, location for accounting purposes,
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1 job title, grade and classification, annual salary, and

2 position control number.

3 (b) The annual report required by subsection (a) of

4 this section shall be submitted to the Congress, the Mayor

5 and Council of the District of Columbia, by not later than

6 February 8 of each year.

7 SEC. 143. (a) Not later than October 1, 1995, or

8 within 15 calendar days after the date of the enactment

9 of the District of Columbia Appropriations Act, 1996,

10 whichever occurs later, and each succeeding year, the

11 Board of Education and the University of the District of

12 Columbia shall submit to the Congress, the Mayor, and

13 Council of the District of Columbia, a revised appropriated

14 funds operating budget for the public school system and

15 the University of the District of Columbia for such fiscal

16 year that is in the total amount of the approved appropria17 tion and that realigns budgeted data for personal services

18 and other-than-personal services, respectively, with antici19 pated actual expenditures.

20 (b) The revised budget required by subsection (a) of

21 this section shall be submitted in the format of the budget

22 that the Board of Education and the University of the

23 District of Columbia submit to the Mayor of the District

24 of Columbia for inclusion in the Mayor’s budget submis25 sion to the Council of the District of Columbia pursuant
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1 to section 442 of the District of Columbia Self-Govern2 ment and Governmental Reorganization Act, Public Law

3 93–198, as amended (D.C. Code, sec. 47–301).

4 SEC. 144. The Board of Education, the Board of

5 Trustees of the University of the District of Columbia, the

6 Board of Library Trustees, and the Board of Governors

7 of the D.C. School of Law shall vote on and approve their

8 respective annual or revised budgets before submission to

9 the Mayor of the District of Columbia for inclusion in the

10 Mayor’s budget submission to the Council of the District

11 of Columbia in accordance with section 442 of the District

12 of Columbia Self-Government and Governmental Reorga13 nization Act, Public Law 93–198, as amended (D.C. Code,

14 sec. 47–301), or before submitting their respective budgets

15 directly to the Council.

16 SEC. 145. Notwithstanding any other provision of

17 law, rule, or regulation, the evaluation process and instru18 ments for evaluating District of Columbia Public Schools

19 employees shall be a non-negotiable item for collective bar20 gaining purposes.

21 SEC. 146. (a) No agency, including an independent

22 agency, shall fill a position wholly funded by appropria23 tions authorized by this Act, which is vacant on October

24 1, 1995, or becomes vacant between October 1, 1995, and

25 September 30, 1996, unless the Mayor or independent
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1 agency submits a proposed resolution of intent to fill the

2 vacant position to the Council. The Council shall be re3 quired to take affirmative action on the Mayor’s resolution

4 within 30 legislative days. If the Council does not affirma5 tively approve the resolution within 30 legislative days, the

6 resolution shall be deemed disapproved.

7 (b) No reduction in the number of full-time equiva8 lent positions or reduction-in-force due to privatization or

9 contracting out shall occur if the District of Columbia Fi10 nancial Responsibility and Management Assistance Au11 thority, established by section 101(a) of the District of Co12 lumbia Financial Responsibility and Management Assist13 ance Act of 1995, approved April 17, 1995 (109 Stat. 97;

14 Public Law 104–8), disallows the full-time equivalent posi15 tion reduction provided in this act in meeting the maxi16 mum ceiling of 35,771 for the fiscal year ending Septem17 ber 30, 1996.

18 (c) This section shall not prohibit the appropriate

19 personnel authority from filling a vacant position with a

20 District government employee currently occupying a posi21 tion that is funded with appropriated funds.

22 (d) This section shall not apply to local school-based

23 teachers, school-based officers, or school-based teachers’

24 aides; or court personnel covered by title 11 of the D.C

25 Code, except chapter 23.
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1 SEC. 147. (a) Not later than 15 days after the end

2 of every fiscal quarter (beginning October 1, 1995), the

3 Mayor shall submit to the Council a report with respect

4 to the employees on the capital project budget for the pre5 vious quarter.

6 (b) Each report submitted pursuant to subsection (a)

7 of this section shall include the following information—

8 (1) a list of all employees by position, title,

9 grade and step;

10 (2) a job description, including the capital

11 project for which each employee is working;

12 (3) the date that each employee began working

13 on the capital project and the ending date that each

14 employee completed or is projected to complete work

15 on the capital project; and

16 (4) a detailed explanation justifying why each

17 employee is being paid with capital funds.

18 SEC. 148. The District of Columbia Government

19 Comprehensive Merit Personnel Act of 1978, effective

20 March 3, 1979 (D.C. Law 2–139; D.C. Code, sec. 1–601.1

21 et seq.), is amended as follows:

22 (a) Section 301 (D.C. Code, sec. 1–603.1) is

23 amended as follows:

24 (1) A new paragraph (13A) is added to

25 read as follows:
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1 ‘‘(13A) ‘Nonschool-based personnel’ means any

2 employee of the District of Columbia Public Schools

3 who is not based at a local school or who does not

4 provide direct services to individual students.’’.

5 (2) A new paragraph (15A) is added to

6 read as follows:

7 ‘‘(15A) ‘School administrators’ means prin8 cipals, assistant principals, school program directors,

9 coordinators, instructional supervisors, and support

10 personnel of the District of Columbia Public

11 Schools.’’.

12 (b) Section 801A(b)(2) (D.C. Code, sec. 1–

13 609.1(b)(2)) is amended by adding a new subpara14 graph (L–i) to read as follows:

15 ‘‘(L–i) Notwithstanding any other provi16 sion of law, the Board of Education shall not

17 issue rules that require or permit nonschool18 based personnel or school administrators to be

19 assigned or reassigned to the same competitive

20 level as classroom teachers;’’

21 (c) Section 2402 (D.C. Code, sec. 1–625.2) is

22 amended by adding a new subsection (f) to read as

23 follows:

24 ‘‘(f) Notwithstanding any other provision of law, the

25 Board of Education shall not require or permit nonschool-
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1 based personnel or school administrators to be assigned

2 or reassigned to the same competitive level as classroom

3 teachers.’’.

4 SEC. 149. (a) Notwithstanding any other provision

5 of law, rule, or regulation, an employee of the District of

6 Columbia Public Schools shall be—

7 (1) classified as an Educational Service em8 ployee’

9 (2) placed under the personnel authority of the

10 Board of Education; and

11 (3) subject to all Board of Education rules.

12 (b) School-based personnel shall constitute a separate

13 competitive area from nonschool-based personnel who shall

14 not compete with school-based personnel for retention pur15 poses.

16 SEC. 150. The District of Columbia Government

17 Comprehensive Merit Personnel Act of 1978, effective

18 March 3, 1979 (D.C. Law 2–139; D.C. Code, sec. 1–601.1

19 et seq.), is amended as follows:

20 (a) Section 2401 (D.C. Code, sec. 1–625.1) is

21 amended by amending the third sentence to read as

22 follows: ‘‘A personnel authority may establish lesser

23 competitive areas within an agency on the basis of

24 all or a clearly identifiable segment of an agency’s
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1 mission or a division or major subdivision of an

2 agency.’’.

3 (b) A new section 2406 is added to read as fol4 lows:

5 ‘‘SEC. 2406. Abolishment of positions for Fiscal Year

6 1996.

7 ‘‘(a) Notwithstanding any other provision of law, reg8 ulation, or collective bargaining agreement either in effect

9 or to be negotiated while this legislation is in effect for

10 the fiscal year ending September 30, 1996, each agency

11 head is authorized, within the agency head’s discretion,

12 to identify positions for abolishment.

13 ‘‘(b) Prior to February 1, 1996, each personnel au14 thority shall make a final determination that a position

15 within the personnel authority is to be abolished.

16 ‘‘(c) Notwithstanding any rights or procedures estab17 lished by any other provision of this title, any District gov18 ernment employee, regardless of date of hire, who encum19 bers a position identified for abolishment shall be sepa20 rated without competition or assignment rights, except as

21 provided in this section.

22 ‘‘(d) An employee effected by the abolishment of a

23 position pursuant to this section who, but for this section

24 would be entitled to compete for retention, shall be entitled

25 to 1 round of lateral competition pursuant to Chapter 24
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1 of the District of Columbia Personnel Manual, which shall

2 be limited to positions in the employee’s competitive level.

3 ‘‘(e) Each employee who is a bona fide resident of

4 the District of Columbia shall have added 5 years to his

5 or her creditable service for reduction-in-force purposes.

6 For purposes of this subsection only, a nonresident Dis7 trict employee who was hired by the District government

8 prior to January 1, 1980, and has not had a break in

9 service since that date, or a former employee of the U.S.

10 Department of Health and Human Services at Saint Eliz11 abeths Hospital who accepted employment with the Dis12 trict government on October 1, 1987, and has not had

13 a break in service since that date, shall be considered a

14 District resident.

15 ‘‘(f) Each employee selected for separation pursuant

16 to this section shall be given written notice of at least 30

17 days before the effective date of his or her separation.

18 ‘‘(g) Neither the establishment of a competitive area

19 smaller than an agency, nor the determination that a spe20 cific position is to be abolished, nor separation pursuant

21 to this section shall be subject to review except as fol22 lows—

23 ‘‘(1) an employee may file a complaint contest24 ing a determination or a separation pursuant to title

25 XV of this Act or section 303 of the Human Rights
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1 Act of 1977, effective December 13, 1977 (D.C.

2 Law 2–38; D.C. Code, sec. 1–2543); and

3 ‘‘(2) an employee may file with the Office of

4 Employee Appeals an appeal contesting that the sep5 aration procedures of subsections (d) and (f) of this

6 section were not properly applied.

7 ‘‘(h) An employee separated pursuant to this section

8 shall be entitled to severance pay in accordance with title

9 XI of this Act, except that the following shall be included

10 in computing creditable service for severance pay for em11 ployees separated pursuant to this section—

12 ‘‘(1) four years for an employee who qualified

13 for veteran’s preference under this act, and

14 ‘‘(2) three years for an employee who qualified

15 for residency preference under this act.

16 ‘‘(i) Separation pursuant to this section shall not af17 fect an employee’s rights under either the Agency Reem18 ployment Priority Program or the Displaced Employee

19 Program established pursuant to Chapter 24 of the Dis20 trict Personnel Manual.

21 ‘‘(j) The Mayor shall submit to the Council a listing

22 of all positions to be abolished by agency and responsibility

23 center by March 1, 1996, or upon the delivery of termi24 nation notices to individual employees.
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1 ‘‘(k) Notwithstanding the provisions of section 1708

2 or section 2402(d), the provisions of this act shall not be

3 deemed negotiable.

4 ‘‘(l) A personnel authority shall cause a 30-day termi5 nation notice to be served, no later than September 1,

6 1996, on any incumbent employee remaining in any posi7 tion identified to be abolished pursuant to subsection (b)

8 of this section’’.

9 SEC. 151. Notwithstanding any other provision of

10 law, the total amount appropriated in this Act for operat11 ing expenses for the District of Columbia for fiscal year

12 1996 under the caption ‘‘Division of Expenses’’ shall not

13 exceed $4,867,283,000.

14 REQUIRING DEVELOPMENT OF PLAN TO CLOSE LORTON

15 CORRECTIONAL COMPLEX

16 SEC. 152. (a) DEVELOPMENT OF PLAN.—

17 (1) IN GENERAL.—Not later than February 15,

18 1996, the District of Columbia shall develop a plan

19 for closing the Lorton Correctional Complex over a

20 transition period not to exceed 5 years in length.

21 (2) REQUIREMENTS OF PLAN.—The plan devel22 oped by the District of Columbia under paragraph

23 (1) shall meet the following requirements:

24 (A) Under the plan, the Lorton Correc25 tional Complex will be closed by the expiration

26 of the transition period.
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1 (B) Under the plan, the District of Colum2 bia may not operate any correctional facilities

3 on the Federal property known as the Lorton

4 Complex located in Fairfax County, Virginia,

5 after the expiration of the transition period.

6 (C) The plan shall include provisions speci7 fying how and to what extent the District will

8 utilize alternative management, including the

9 private sector, for the operation of correctional

10 facilities for the District, and shall include pro11 visions describing the treatment under such al12 ternative management (including under con13 tracts) of site selection, design, financing, con14 struction, and operation of correctional facilities

15 for the District.

16 (D) The plan shall include an implementa17 tion schedule, together with specific perform18 ance measures and timelines to determine the

19 extent to which the District is meeting the

20 schedule during the transition period.

21 (E) Under the plan, the Mayor of the Dis22 trict of Columbia shall submit a semi-annual re23 port to the President, Congress, and the Dis24 trict of Columbia Financial Responsibility and

25 Management Assistance Authority describing
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1 the actions taken by the District under the

2 plan, and in addition shall regularly report to

3 the President, Congress, and the District of Co4 lumbia Financial Responsibility and Manage5 ment Assistance Authority on all significant

6 measures taken under the plan as soon as such

7 measures are taken.

8 (b) CONSISTENCY WITH FINANCIAL PLAN AND

9 BUDGET.—In developing the plan under subsection (a),

10 the District of Columbia shall ensure that for each of the

11 years during which the plan is in effect, the plan shall

12 be consistent with the financial plan and budget for the

13 District of Columbia for the year under subtitle A of title

14 II of the District of Columbia Financial Responsibility and

15 Management Assistance Act of 1995.

16 (c) SUBMISSION OF PLAN.—Upon completing the de17 velopment of the plan under subsection (a), the District

18 of Columbia shall submit the plan to the President, Con19 gress, and the District of Columbia Financial Responsibil20 ity and Management Assistance Authority.

21 PROHIBITION AGAINST ADOPTION BY UNMARRIED

22 COUPLES

23 SEC. 153. Section 16–302, D.C. Code, is amended—

24 (1) by striking ‘‘Any person’’ and inserting ‘‘(a)

25 Subject to subsection (b), any person’’; and
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1 (2) by adding at the end the following sub2 section:

3 ‘‘(b) No person may join in a petition under this sec4 tion unless the person is the spouse of the petitioner.’’.

5 This Act may be cited as the ‘‘District of Columbia

6 Appropriations Act, 1996’’.

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Union Calendar No. 153

104TH CONGRESS

1ST SESSION H. R. 2546

[Report No. 104–294]

A BILL

Making appropriations for the government of the

30, 1996, and for other purposes.said District for the fiscal year ending Septemberable in whole or in part against the revenues ofDistrict of Columbia and other activities chargeOCTOBER 26, 1995

Committed to the Committee of the Whole House on

the State of the Union and ordered to be printed