PUBLIC LAW 104–194—SEPT. 9, 1996

DISTRICT OF COLUMBIA APPROPRIATIONS

ACT, 1997
110 STAT. 2356 PUBLIC LAW 104–194—SEPT. 9, 1996

Public Law 104–194

104th Congress

An Act

Making appropriations for the government of the District of Columbia and other

activities chargeable in whole or in part against the revenues of said District

for the fiscal year ending September 30, 1997, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That the

following sums are appropriated, out of any money in the Treasury

not otherwise appropriated, for the District of Columbia for the

fiscal year ending September 30, 1997, and for other purposes,

namely:

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

For payment to the District of Columbia for the fiscal year

ending September 30, 1997, $660,000,000, as authorized by section

502(a) of the District of Columbia Self-Government and Governmental Reorganization Act, Public Law 93–198, as amended (D.C.

Code, sec. 47–3406.1).

FEDERAL CONTRIBUTION TO RETIREMENT FUNDS

For the Federal contribution to the Police Officers and Fire

Fighters’, Teachers’, and Judges’ Retirement Funds, as authorized

by the District of Columbia Retirement Reform Act, approved

November 17, 1979 (93 Stat. 866; Public Law 96–122), $52,070,000.

PRESIDENTIAL INAUGURATION

For payment to the District of Columbia in lieu of reimbursement for expenses incurred in connection with Presidential inauguration activities, $5,702,000, as authorized by section 737(b) of

the District of Columbia Self-Government and Governmental

Reorganization Act, Public Law 93–198, as amended (D.C. Code,

sec. 1–1803), which shall be apportioned by the Chief Financial

Officer within the various appropriation headings in this Act.

FEDERAL CONTRIBUTION FOR REPAIR OF DRINKING WATER SYSTEM

For a Federal contribution to the District of Columbia Financial

Responsibility and Management Assistance Authority for contracting with a private entity (or entities) to carry out a program

to inspect, flush, and repair the drinking water distribution system

of the District of Columbia, $1,000,000.

District of

Columbia

Appropriations

Act, 1997.

Sept. 9, 1996

[H.R. 3845]
PUBLIC LAW 104–194—SEPT. 9, 1996 110 STAT. 2357

DIVISION OF EXPENSES

The following amounts are appropriated for the District of

Columbia for the current fiscal year out of the general fund of

the District of Columbia, except as otherwise specifically provided.

GOVERNMENTAL DIRECTION AND SUPPORT

Governmental direction and support, $115,663,000 and 1,440 full-time equivalent positions (including $98,691,000 and 1,371 fulltime equivalent positions from local funds, $12,192,000 and 8 fulltime equivalent positions from Federal funds, and $4,780,000 and

61 full-time equivalent positions from other funds): Provided, That

funds expended for the Office of the Mayor are not to exceed

$2,109,000, of which $632,000 is from intra-District funds: Provided

further, That $327,000 of the funds for the Office of the Mayor

shall be transferred to the Department of Administrative Services

as reimbursement for occupancy costs, including costs for telephone,

electricity and other services: Provided further, That not to exceed

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

of the District of Columbia, and $2,500 for the City Administrator

shall be available from this appropriation for official purposes:

Provided further, That any program fees collected from the issuance

of debt shall be available for the payment of expenses of the debt

management program of the District of Columbia: Provided further, That no revenues from Federal sources shall be used to support

the operations or activities of the Statehood Commission and Statehood Compact Commission: Provided further, That the District of

Columbia shall identify the sources of funding for Admission to

Statehood from its own locally-generated revenues.

ECONOMIC DEVELOPMENT AND REGULATION

Economic development and regulation, $135,704,000 and 1,501

full-time equivalent positions (including $67,196,000 and 720 fulltime equivalent positions from local funds, $45,708,000 and 524

full-time equivalent positions from Federal funds, and $22,800,000

and 257 full-time equivalent positions from other funds).

PUBLIC SAFETY AND JUSTICE

Public safety and justice, including purchase of 135 passengercarrying vehicles for replacement only, including 130 for policetype use and five for fire-type use, without regard to the general

purchase price limitation for the current fiscal year, $1,041,281,000

and 11,842 full-time equivalent positions (including $1,012,112,000

and 11,726 full-time equivalent positions from local funds,

$19,310,000 and 112 full-time equivalent positions from Federal

funds, and $9,859,000 and 4 full-time equivalent positions from

other funds): Provided, That the Metropolitan Police Department

is authorized to replace not to exceed 25 passenger-carrying vehicles

and the Fire Department of the District of Columbia is authorized

to replace not to exceed five passenger-carrying vehicles annually

whenever the cost of repair to any damaged vehicle exceeds threefourths of the cost of the replacement: Provided further, That not

to exceed $500,000 shall be available from this appropriation for

the Chief of Police for the prevention and detection of crime: Provided further, That the Metropolitan Police Department shall pro- Reports.
110 STAT. 2358 PUBLIC LAW 104–194—SEPT. 9, 1996

vide quarterly reports to the Committees on Appropriations of the

House and Senate on efforts to increase efficiency and improve

the professionalism in the department: Provided further, That notwithstanding any other provision of law, or Mayor’s Order 86–

45, issued March 18, 1986, the Metropolitan Police Department’s

delegated small purchase authority shall be $500,000: Provided

further, That the District of Columbia government may not require

the Metropolitan Police Department to submit to any other procurement review process, or to obtain the approval of or be restricted

in any manner by any official or employee of the District of Columbia government, for purchases that do not exceed $500,000: Provided

further, That funds appropriated for expenses under the District

of Columbia Criminal Justice Act, approved September 3, 1974

(88 Stat. 1090; Public Law 93–412; D.C. Code, sec. 11–2601 et

seq.), for the fiscal year ending September 30, 1997, shall be available for obligations incurred under the Act in each fiscal year

since inception in fiscal year 1975: Provided further, That funds

appropriated for expenses under the District of Columbia Neglect

Representation Equity Act of 1984, effective March 13, 1985 (D.C.

Law 5–129; D.C. Code, sec. 16–2304), for the fiscal year ending

September 30, 1997, shall be available for obligations incurred

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

1985: Provided further, That funds appropriated for expenses under

the District of Columbia Guardianship, Protective Proceedings, and

Durable Power of Attorney Act of 1986, effective February 27,

1987 (D.C. Law 6–204; D.C. Code, sec. 21–2060), for the fiscal

year ending September 30, 1997, shall be available for obligations

incurred under the Act in each fiscal year since inception in fiscal

year 1989: Provided further, That not to exceed $1,500 for the

Chief Judge of the District of Columbia Court of Appeals, $1,500

for the Chief Judge of the Superior Court of the District of Columbia,

and $1,500 for the Executive Officer of the District of Columbia

Courts shall be available from this appropriation for official purposes: Provided further, That the District of Columbia shall operate

and maintain a free, 24-hour telephone information service whereby

residents of the area surrounding Lorton prison in Fairfax County,

Virginia, can promptly obtain information from District of Columbia

government officials on all disturbances at the prison, including

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

District of Columbia government shall also take steps to publicize

the availability of the 24-hour telephone information service among

the residents of the area surrounding the Lorton prison: Provided

further, That not to exceed $100,000 of this appropriation shall

be used to reimburse Fairfax County, Virginia, and Prince William

County, Virginia, for expenses incurred by the counties during

the fiscal year ending September 30, 1997, in relation to the Lorton

prison complex: Provided further, That such reimbursements shall

be paid in all instances in which the District requests the counties

to provide police, fire, rescue, and related services to help deal

with escapes, fires, riots, and similar disturbances involving the

prison: Provided further, That the Mayor shall reimburse the District of Columbia National Guard for expenses incurred in connection with services that are performed in emergencies by the National

Guard in a militia status and are requested by the Mayor, in

amounts that shall be jointly determined and certified as due and

payable for these services by the Mayor and the Commanding

General of the District of Columbia National Guard: Provided furCommunications.

Prisons.

Virginia.
PUBLIC LAW 104–194—SEPT. 9, 1996 110 STAT. 2359

ther, That such sums as may be necessary for reimbursement

to the District of Columbia National Guard under the preceding

proviso shall be available from this appropriation, and the availability of the sums shall be deemed as constituting payment in advance

for emergency services involved.

PUBLIC EDUCATION SYSTEM

Public education system, including the development of national

defense education programs, $758,815,000 and 11,276 full-time

equivalent positions (including $632,379,000 and 10,045 full-time

equivalent positions from local funds, $98,479,000 and 1,009 fulltime equivalent positions from Federal funds, and $27,957,000 and

222 full-time equivalent positions from other funds), to be allocated

as follows: $573,430,000 and 9,935 full-time equivalent positions

(including $479,679,000 and 9,063 full-time equivalent positions

from local funds, $85,823,000 and 840 full-time equivalent positions

from Federal funds, and $7,928,000 and 32 full-time equivalent

positions from other funds), for the public schools of the District

of Columbia; $2,835,000 from local funds for public charter schools:

Provided, That if the entirety of this allocation has not been provided as payments to one or more public charter schools by May

1, 1997, and remains unallocated, the funds will revert to the

general fund of the District of Columbia in accordance with section

2403(a)(2)(D) of the District of Columbia School Reform Act of

1995 (Public Law 104–134); $88,100,000 from local funds for the

District of Columbia Teachers’ Retirement Fund; $69,801,000 and

917 full-time equivalent positions (including $38,479,000 and 572

full-time equivalent positions from local funds, $11,747,000 and

156 full-time equivalent positions from Federal funds, and

$19,575,000 and 189 full-time equivalent positions from other funds)

for the University of the District of Columbia; $22,429,000 and

415 full-time equivalent positions (including $21,529,000 and 408

full-time equivalent positions from local funds, $446,000 and 6

full-time equivalent positions from Federal funds, and $454,000

and 1 full-time equivalent position from other funds) for the Public

Library; $2,220,000 and 9 full-time equivalent positions (including

$1,757,000 and 2 full-time equivalent positions from local funds

and $463,000 and 7 full-time equivalent positions from Federal

funds) for the Commission on the Arts and Humanities: Provided,

That the public schools of the District of Columbia are authorized

to accept not to exceed 31 motor vehicles for exclusive use in

the driver education program: Provided further, That not to exceed

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

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

Public Librarian shall be available from this appropriation for official purposes: Provided further, That not less than $9,200,000 shall

be available from this appropriation for school repairs in a restricted

line item: Provided further, That not less than $1,200,000 shall

be available for local school allotments in a restricted line item:

Provided further, That not less than $4,500,000 shall be available

to support kindergarten aides in a restricted line item: Provided

further, That not less than $2,800,000 shall be available to support

substitute teachers in a restricted line item: Provided further, That

not less than $1,788,000 shall be available in a restricted line

item for school counselors: Provided further, That this appropriation

shall not be available to subsidize the education of nonresidents
110 STAT. 2360 PUBLIC LAW 104–194—SEPT. 9, 1996

of the District of Columbia at the University of the District of

Columbia, unless the Board of Trustees of the University of the

District of Columbia adopts, for the fiscal year ending September

30, 1997, a tuition rate schedule that will establish the tuition

rate for nonresident students at a level no lower than the nonresident tuition rate charged at comparable public institutions of

higher education in the metropolitan area.

HUMAN SUPPORT SERVICES

Human support services, $1,685,707,000 and 6,344 full-time

equivalent positions (including $961,399,000 and 3,814 full-time

equivalent positions from local funds, $676,665,000 and 2,444 fulltime equivalent positions from Federal funds, and $47,643,000 and

86 full-time equivalent positions from other funds): Provided, That

$24,793,000 of this appropriation, to remain available until

expended, shall be available solely for District of Columbia employees’ disability compensation: Provided further, That the District

of Columbia shall not provide free government services such as

water, sewer, solid waste disposal or collection, utilities, maintenance, repairs, or similar services to any legally constituted private

nonprofit organization (as defined in section 411(5) of Public Law

100–77, approved July 22, 1987) providing emergency shelter services in the District, if the District would not be qualified to receive

reimbursement pursuant to the Stewart B. McKinney Homeless

Assistance Act, approved July 22, 1987 (101 Stat. 485; Public Law

100–77; 42 U.S.C. 11301 et seq.).

PUBLIC WORKS

Public works, including rental of one passenger-carrying vehicle

for use by the Mayor and three passenger-carrying vehicles for

use by the Council of the District of Columbia and purchase of

passenger-carrying vehicles for replacement only, $247,967,000 and

1,252 full-time equivalent positions (including $234,391,000 and

1,149 full-time equivalent positions from local funds, $3,047,000

and 32 full-time equivalent positions from Federal funds, and

$10,529,000 and 71 full-time equivalent positions from other funds):

Provided, That this appropriation shall not be available for collecting ashes or miscellaneous refuse from hotels and places of business.

WASHINGTON CONVENTION CENTER FUND TRANSFER PAYMENT

For payment to the Washington Convention Center Enterprise

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

REPAYMENT OF LOANS AND INTEREST

For reimbursement to the United States of funds loaned in

compliance with An Act to provide for the establishment of a modern, adequate, and efficient hospital center in the District of Columbia, approved August 7, 1946 (60 Stat. 896; Public Law 79–648);

section 1 of An Act to authorize the Commissioners of the District

of Columbia to borrow funds for capital improvement programs

and to amend provisions of law relating to Federal Government

participation in meeting costs of maintaining the Nation’s Capital

City, approved June 6, 1958 (72 Stat. 183; Public Law 85–451;

D.C. Code, sec. 9–219); section 4 of An Act to authorize the Commis-
PUBLIC LAW 104–194—SEPT. 9, 1996 110 STAT. 2361

sioners of the District of Columbia to plan, construct, operate,

and maintain a sanitary sewer to connect the Dulles International

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

1960 (74 Stat. 211; Public Law 86–515); sections 723 and 743(f)

of the District of Columbia Self-Government and Governmental

Reorganization Act of 1973, approved December 24, 1973, as amended (87 Stat. 821; Public Law 93–198; D.C. Code, sec. 47–321, note;

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

including interest as required thereby, $333,710,000 from local

funds.

REPAYMENT OF GENERAL FUND RECOVERY DEBT

For the purpose of eliminating the $331,589,000 general fund

accumulated deficit as of September 30, 1990, $38,314,000 from

local funds, as authorized by section 461(a) of the District of Columbia Self-Government and Governmental Reorganization Act,

approved December 24, 1973, as amended (105 Stat. 540; Public

Law 102–106; D.C. Code, sec. 47–321(a)(1)).

PAYMENT OF INTEREST ON SHORT-TERM BORROWING

For payment of interest on short-term borrowing, $34,461,000

from local funds.

PRESIDENTIAL INAUGURATION

For reimbursement for necessary expenses incurred in connection with Presidential inauguration activities as authorized by section 737(b) of the District of Columbia Self-Government and Governmental Reorganization Act, Public Law 93–198, as amended,

approved December 24, 1973 (87 Stat. 824; D.C. Code, sec. 1–

1803), $5,702,000, which shall be apportioned by the Chief Financial

Officer within the various appropriation headings in this Act.

CERTIFICATES OF PARTICIPATION

For lease payments in accordance with the Certificates of

Participation involving the land site underlying the building located

at One Judiciary Square, $7,926,000.

HUMAN RESOURCES DEVELOPMENT

For Human resources development, including costs of increased

employee training, administrative reforms, and an executive compensation system, $12,257,000.

COST REDUCTION INITIATIVES

The Chief Financial Officer of the District of Columbia shall,

on behalf of the Mayor and under the direction of the District

of Columbia Financial Responsibility and Management Assistance

Authority, make reductions of $47,411,000 and 2,411 full-time

equivalent positions as follows: $4,488,000 in real estate initiatives,

$6,317,000 in management information systems, $2,271,000 in

energy cost initiatives, $12,960,000 in purchasing and procurement

initiatives, and workforce reductions of 2,411 full-time positions

and $21,375,000.
110 STAT. 2362 PUBLIC LAW 104–194—SEPT. 9, 1996

CAPITAL OUTLAY

(INCLUDING RESCISSIONS)

For construction projects, an increase of $46,923,000 (including an increase of $34,000,000 for the highway trust fund, reallocations

and rescissions for a net rescission of $120,496,000 from local funds

appropriated under this heading in prior fiscal years and an additional $133,419,000 in Federal funds), as authorized by An Act

authorizing the laying of water mains and service sewers in the

District of Columbia, the levying of assessments therefor, and for

other purposes, approved April 22, 1904 (33 Stat. 244; Public Law

58–140; D.C. Code, secs. 43–1512 through 43–1519); the District

of Columbia Public Works Act of 1954, approved May 18, 1954

(68 Stat. 101; Public Law 83–364); An Act to authorize the Commissioners of the District of Columbia to borrow funds for capital

improvement programs and to amend provisions of law relating

to Federal Government participation in meeting costs of maintaining the Nation’s Capital City, approved June 6, 1958 (72 Stat.

183; Public Law 85–451); including acquisition of sites, preparation

of plans and specifications, conducting preliminary surveys, erection

of structures, including building improvement and alteration and

treatment of grounds, to remain available until expended: Provided, That funds for use of each capital project implementing agency

shall be managed and controlled in accordance with all procedures

and limitations established under the Financial Management System: Provided further, That all funds provided by this appropriation

title shall be available only for the specific projects and purposes

intended: Provided further, That notwithstanding the foregoing,

all authorizations for capital outlay projects, except those projects

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

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

Public Law 90–495; D.C. Code, sec. 7–134, note), for which funds

are provided by this appropriation title, shall expire on September

30, 1998, except authorizations for projects as to which funds have

been obligated in whole or in part prior to September 30, 1998:

Provided further, That upon expiration of any such project

authorization the funds provided herein for the project shall lapse.

WATER AND SEWER ENTERPRISE FUND

For the Water and Sewer Enterprise Fund, $221,362,000 from

other funds of which $41,833,000 shall be apportioned and payable

to the debt service fund for repayment of loans and interest incurred

for capital improvement projects.

LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

For the Lottery and Charitable Games Enterprise Fund, established by the District of Columbia Appropriation Act for the fiscal

year ending September 30, 1982, approved December 4, 1981 (95

Stat. 1174, 1175; Public Law 97–91), as amended, for the purpose

of implementing the Law to Legalize Lotteries, Daily Numbers

Games, and Bingo and Raffles for Charitable Purposes in the District of Columbia, effective March 10, 1981 (D.C. Law 3–172; D.C.

Code, secs. 2–2501 et seq. and 22–1516 et seq.), $247,900,000 and

100 full-time equivalent positions (including $7,850,000 and 100

full-time equivalent positions for administrative expenses and

Expiration date.
PUBLIC LAW 104–194—SEPT. 9, 1996 110 STAT. 2363

$240,050,000 for non-administrative expenses from revenue generated by the Lottery Board), to be derived from non-Federal District of Columbia revenues: Provided, That the District of Columbia

shall identify the source of funding for this appropriation title

from the District’s own locally-generated revenues: Provided further,

That no revenues from Federal sources shall be used to support

the operations or activities of the Lottery and Charitable Games

Control Board.

CABLE TELEVISION ENTERPRISE FUND

For the Cable Television Enterprise Fund, established by the

Cable Television Communications Act of 1981, effective October

22, 1983 (D.C. Law 5–36; D.C. Code, sec. 43–1801 et seq.),

$2,511,000 and 8 full-time equivalent positions (including

$2,179,000 and 8 full-time equivalent positions from local funds

and $332,000 from other funds).

STARPLEX FUND

For the Starplex Fund, $8,717,000 from other funds for

expenses incurred by the Armory Board in the exercise of its powers

granted by An Act To Establish A District of Columbia Armory

Board, and for other purposes, approved June 4, 1948 (62 Stat.

339; D.C. Code, sec. 2–301 et seq.) and the District of Columbia

Stadium Act of 1957, approved September 7, 1957 (71 Stat. 619;

Public Law 85–300; D.C. Code, sec. 2–321 et seq.): Provided, That

the Mayor shall submit a budget for the Armory Board for the

forthcoming fiscal year as required by section 442(b) of the District

of Columbia Self-Government and Governmental Reorganization

Act, approved December 24, 1973 (87 Stat. 824; Public Law 93–

198; D.C. Code, sec. 47–301(b)).

D.C. GENERAL HOSPITAL

For the District of Columbia General Hospital, established by

Reorganization Order No. 57 of the Board of Commissioners, effective August 15, 1953, $112,419,000 of which $59,735,000 shall be

derived by transfer from the general fund and $52,684,000 shall

be derived from other funds.

D.C. RETIREMENT BOARD

For the D.C. Retirement Board, established by section 121

of the District of Columbia Retirement Reform Act of 1979, approved

November 17, 1979 (93 Stat. 866; D.C. Code, sec. 1–711),

$16,667,000 and 13 full-time equivalent positions from the earnings

of the applicable retirement funds to pay legal, management, investment, and other fees and administrative expenses of the District

of Columbia Retirement Board: Provided, That the District of

Columbia Retirement Board shall provide to the Congress and

to the Council of the District of Columbia a quarterly report of

the allocations of charges by fund and of expenditures of all funds:

Provided further, That the District of Columbia Retirement Board

shall provide the Mayor, for transmittal to the Council of the

District of Columbia, an item accounting of the planned use of

appropriated funds in time for each annual budget submission

Reports.
110 STAT. 2364 PUBLIC LAW 104–194—SEPT. 9, 1996

and the actual use of such funds in time for each annual audited

financial report.

CORRECTIONAL INDUSTRIES FUND

For the Correctional Industries Fund, established by the District of Columbia Correctional Industries Establishment Act,

approved October 3, 1964 (78 Stat. 1000; Public Law 88–622),

$3,052,000 and 50 full-time equivalent positions from other funds.

WASHINGTON CONVENTION CENTER ENTERPRISE FUND

For the Washington Convention Center Enterprise Fund,

$47,996,000 of which $5,400,000 shall be derived by transfer from

the general fund.

DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY AND

MANAGEMENT ASSISTANCE AUTHORITY

For the District of Columbia Financial Responsibility and

Management Assistance Authority, established by section 101(a)

of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat.

97; Public Law 104–8), $3,400,000.

GENERAL PROVISIONS

SEC. 101. The expenditure of any appropriation under this

Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where

such expenditures are a matter of public record and available

for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.

SEC. 102. Except as otherwise provided in this Act, all vouchers

covering expenditures of appropriations contained in this Act shall

be audited before payment by the designated certifying official

and the vouchers as approved shall be paid by checks issued by

the designated disbursing official.

SEC. 103. Whenever in this Act, an amount is specified within

an appropriation for particular purposes or objects of expenditure,

such amount, unless otherwise specified, shall be considered as

the maximum amount that may be expended for said purpose

or object rather than an amount set apart exclusively therefor.

SEC. 104. Appropriations in this Act shall be available, when

authorized by the Mayor, for allowances for privately-owned automobiles and motorcycles used for the performance of official duties

at rates established by the Mayor: Provided, That such rates shall

not exceed the maximum prevailing rates for such vehicles as

prescribed in the Federal Property Management Regulations 101–

7 (Federal Travel Regulations).

SEC. 105. Appropriations in this Act shall be available for

expenses of travel and for the payment of dues of organizations

concerned with the work of the District of Columbia government,

when authorized by the Mayor: Provided, That the Council of the

District of Columbia and the District of Columbia Courts may

expend such funds without authorization by the Mayor.

Contracts.
PUBLIC LAW 104–194—SEPT. 9, 1996 110 STAT. 2365

SEC. 106. There are appropriated from the applicable funds

of the District of Columbia such sums as may be necessary for

making refunds and for the payment of judgments that have been

entered against the District of Columbia government: Provided,

That nothing contained in this section shall be construed as modifying or affecting the provisions of section 11(c)(3) of title XII of

the District of Columbia Income and Franchise Tax Act of 1947,

approved March 31, 1956 (70 Stat. 78; Public Law 84–460; D.C.

Code, sec. 47–1812.11(c)(3)).

SEC. 107. Appropriations in this Act shall be available for

the payment of public assistance without reference to the requirement of section 544 of the District of Columbia Public Assistance

Act of 1982, effective April 6, 1982 (D.C. Law 4–101; D.C. Code,

sec. 3–205.44), and for the non-Federal share of funds necessary

to qualify for Federal assistance under the Juvenile Delinquency

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

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

SEC. 108. No part of any appropriation contained in this Act

shall remain available for obligation beyond the current fiscal year

unless expressly so provided herein.

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

of Columbia government for the operation of educational institutions, the compensation of personnel, or for other educational purposes may be used to permit, encourage, facilitate, or further partisan political activities. Nothing herein is intended to prohibit

the availability of school buildings for the use of any community

or partisan political group during non-school hours.

SEC. 110. None of the funds appropriated in this Act shall

be made available to pay the salary of any employee of the District

of Columbia government whose name, title, grade, salary, past

work experience, and salary history are not available for inspection

by the House and Senate Committees on Appropriations, the Subcommittee on the District of Columbia of the House Committee

on Government Reform and Oversight, the Subcommittee on Oversight of Government Management and the District of Columbia

of the Senate Committee on Governmental Affairs, and the Council

of the District of Columbia, or their duly authorized representative.

SEC. 111. There are appropriated from the applicable funds

of the District of Columbia such sums as may be necessary for

making payments authorized by the District of Columbia Revenue

Recovery Act of 1977, effective September 23, 1977 (D.C. Law

2–20; D.C. Code, sec. 47–421 et seq.).

SEC. 112. No part of this appropriation shall be used for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before

Congress or any State legislature.

SEC. 113. At the start of the fiscal year, the Mayor shall

develop an annual plan, by quarter and by project, for capital

outlay borrowings: Provided, That within a reasonable time after

the close of each quarter, the Mayor shall report to the Council

of the District of Columbia and the Congress the actual borrowings

and spending progress compared with projections.

SEC. 114. The Mayor shall not borrow any funds for capital

projects unless the Mayor has obtained prior approval from the

Council of the District of Columbia, by resolution, identifying the

projects and amounts to be financed with such borrowings.

Reports.
110 STAT. 2366 PUBLIC LAW 104–194—SEPT. 9, 1996

SEC. 115. The Mayor shall not expend any moneys borrowed

for capital projects for the operating expenses of the District of

Columbia government.

SEC. 116. None of the funds appropriated by this Act may

be obligated or expended by reprogramming except pursuant to

advance approval of the reprogramming granted according to the

procedure set forth in the Joint Explanatory Statement of the

Committee of Conference (House Report No. 96–443), which accompanied the District of Columbia Appropriation Act, 1980, approved

October 30, 1979 (93 Stat. 713; Public Law 96–93), as modified

in House Report No. 98–265, and in accordance with the Reprogramming Policy Act of 1980, effective September 16, 1980 (D.C. Law

3–100; D.C. Code, sec. 47–361 et seq.): Provided, That for the

fiscal year ending September 30, 1997 the above shall apply except

as modified by Public Law 104–8.

SEC. 117. None of the Federal funds provided in this Act shall

be obligated or expended to provide a personal cook, chauffeur,

or other personal servants to any officer or employee of the District

of Columbia.

SEC. 118. None of the Federal funds provided in this Act shall

be obligated or expended to procure passenger automobiles as

defined in the Automobile Fuel Efficiency Act of 1980, approved

October 10, 1980 (94 Stat. 1824; Public Law 96–425; 15 U.S.C.

2001(2)), with an Environmental Protection Agency estimated miles

per gallon average of less than 22 miles per gallon: Provided,

That this section shall not apply to security, emergency rescue,

or armored vehicles.

SEC. 119. (a) Notwithstanding section 422(7) of the District

of Columbia Self-Government and Governmental Reorganization

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

Law 93–198; D.C. Code, sec. 1–242(7)), the City Administrator

shall be paid, during any fiscal year, a salary at a rate established

by the Mayor, not to exceed the rate established for Level IV

of the Executive Schedule under 5 U.S.C. 5315.

(b) For purposes of applying any provision of law limiting

the availability of funds for payment of salary or pay in any fiscal

year, the highest rate of pay established by the Mayor under subsection (a) of this section for any position for any period during

the last quarter of calendar year 1996 shall be deemed to be

the rate of pay payable for that position for September 30, 1996.

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

Redevelopment Act of 1945, approved August 2, 1946 (60 Stat.

793; Public Law 79–592; D.C. Code, sec. 5–803(a)), the Board of

Directors of the District of Columbia Redevelopment Land Agency

shall be paid, during any fiscal year, per diem compensation at

a rate established by the Mayor.

SEC. 120. Notwithstanding any other provisions of law, the

provisions of the District of Columbia Government Comprehensive

Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law

2–139; D.C. Code, sec. 1–601.1 et seq.), enacted pursuant to section

422(3) of the District of Columbia Self-Government and Governmental Reorganization Act of 1973, approved December 24, 1973

(87 Stat. 790; Public Law 93–198; D.C. Code, sec. 1–242(3)), shall

apply with respect to the compensation of District of Columbia

employees: Provided, That for pay purposes, employees of the District of Columbia government shall not be subject to the provisions

of title 5, United States Code.

Applicability.
PUBLIC LAW 104–194—SEPT. 9, 1996 110 STAT. 2367

SEC. 121. The Director of the Department of Administrative

Services may pay rentals and repair, alter, and improve rented

premises, without regard to the provisions of section 322 of the

Economy Act of 1932 (Public Law 72–212; 40 U.S.C. 278a), based

upon a determination by the Director, that by reason of circumstances set forth in such determination, the payment of these

rents and the execution of this work, without reference to the

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

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

SEC. 122. No later than 30 days after the end of the first

quarter of the fiscal year ending September 30, 1997, the Mayor

of the District of Columbia shall submit to the Council of the

District of Columbia the new fiscal year 1997 revenue estimates

as of the end of the first quarter of fiscal year 1997. These estimates

shall be used in the budget request for the fiscal year ending

September 30, 1998. The officially revised estimates at midyear

shall be used for the midyear report.

SEC. 123. No sole source contract with the District of Columbia

government or any agency thereof may be renewed or extended

without opening that contract to the competitive bidding process

as set forth in section 303 of the District of Columbia Procurement

Practices Act of 1985, effective February 21, 1986 (D.C. Law 6–

85; D.C. Code, sec. 1–1183.3), except that the District of Columbia

Public Schools may renew or extend sole source contracts for which

competition is not feasible or practical, provided that the determination as to whether to invoke the competitive bidding process has

been made in accordance with duly promulgated Board of Education

rules and procedures.

SEC. 124. For purposes of the Balanced Budget and Emergency

Deficit Control Act of 1985, approved December 12, 1985 (99 Stat.

1037; Public Law 99–177), as amended, the term ‘‘program, project,

and activity’’ shall be synonymous with and refer specifically to

each account appropriating Federal funds in this Act, and any

sequestration order shall be applied to each of the accounts rather

than to the aggregate total of those accounts: Provided, That sequestration orders shall not be applied to any account that is specifically

exempted from sequestration by the Balanced Budget and Emergency Deficit Control Act of 1985, approved December 12, 1985

(99 Stat. 1037; Public Law 99–177), as amended.

SEC. 125. In the event a sequestration order is issued pursuant

to the Balanced Budget and Emergency Deficit Control Act of

1985, approved December 12, 1985 (99 Stat. 1037; Public Law

99–177), as amended, after the amounts appropriated to the District

of Columbia for the fiscal year involved have been paid to the

District of Columbia, the Mayor of the District of Columbia shall

pay to the Secretary of the Treasury, within 15 days after receipt

of a request therefor from the Secretary of the Treasury, such

amounts as are sequestered by the order: Provided, That the sequestration percentage specified in the order shall be applied proportionately to each of the Federal appropriation accounts in this Act

that are not specifically exempted from sequestration by the Balanced Budget and Emergency Deficit Control Act of 1985, approved

December 12, 1985 (99 Stat. 1037; Public Law 99–177), as amended.

SEC. 126. Nothing in this Act shall be construed to authorize

any office, agency or entity to expend funds for programs or functions for which a reorganization plan is required but has not been

approved by the Council pursuant to section 422(12) of the District

Sequestration.
110 STAT. 2368 PUBLIC LAW 104–194—SEPT. 9, 1996

of Columbia Self-Government and Governmental Reorganization

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

Law 93–198; D.C. Code, sec. 1–242(12)) and the Governmental

Reorganization Procedures Act of 1981, effective October 17, 1981

(D.C. Law 4–42; D.C. Code, secs. 1–299.1 to 1–299.7). Appropriations made by this Act for such programs or functions are conditioned on the approval by the Council of the required reorganization

plans.

SEC. 127. (a) An entity of the District of Columbia government

may accept and use a gift or donation during fiscal year 1997

if—

(1) the Mayor approves the acceptance and use of the

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

of Columbia may accept and use gifts without prior approval

by the Mayor; and

(2) the entity uses the gift or donation to carry out its

authorized functions or duties.

(b) Each entity of the District of Columbia government shall

keep accurate and detailed records of the acceptance and use of

any gift or donation under subsection (a) of this section, and shall

make such records available for audit and public inspection.

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

District of Columbia government’’ includes an independent agency

of the District of Columbia.

(d) This section shall not apply to the District of Columbia

Board of Education, which may, pursuant to the laws and regulations of the District of Columbia, accept and use gifts to the public

schools without prior approval by the Mayor.

SEC. 128. None of the Federal funds provided in this Act may

be used by the District of Columbia to provide for salaries, expenses,

or other costs associated with the offices of United States Senator

or United States Representative under section 4(d) of the District

of Columbia Statehood Constitutional Convention Initiatives of

1979, effective March 10, 1981 (D.C. Law 3–171; D.C. Code, sec.

1–113(d)).

PROHIBITION AGAINST USE OF FUNDS FOR ABORTIONS

SEC. 129. None of the funds appropriated under this Act shall

be expended for any abortion except where the life of the mother

would be endangered if the fetus were carried to term or where

the pregnancy is the result of an act of rape or incest.

PROHIBITION ON DOMESTIC PARTNERS ACT

SEC. 130. No funds made available pursuant to any provision

of this Act shall be used to implement or enforce any system

of registration of unmarried, cohabiting couples whether they are

homosexual, lesbian, or heterosexual, including but not limited

to registration for the purpose of extending employment, health,

or governmental benefits to such couples on the same basis that

such benefits are extended to legally married couples; nor shall

any funds made available pursuant to any provision of this Act

otherwise be used to implement or enforce D.C. Act 9–188, signed

by the Mayor of the District of Columbia on April 15, 1992.

Records.

Public inspection.
PUBLIC LAW 104–194—SEPT. 9, 1996 110 STAT. 2369

COMPENSATION OF MEMBERS OF JUDICIAL NOMINATION COMMISSION

SEC. 131. (a) IN GENERAL.—Effective as if included in the

enactment of the District of Columbia Appropriations Act, 1996,

section 434(b)(5) of the District of Columbia Self-Government and

Governmental Reorganization Act is amended to read as follows:

‘‘(5) Members of the Commission shall serve without compensation for services rendered in connection with their official duties

on the Commission.’’.

(b) CONFORMING AMENDMENT.—Section 133(b) of the District

of Columbia Appropriations Act, 1996 is hereby repealed, and the

provision of law amended by such section is hereby restored as

if such section had not been enacted into law.

MONTHLY REPORTING REQUIREMENTS—BOARD OF EDUCATION

SEC. 132. The Board of Education shall submit to the Congress,

the Mayor, the District of Columbia Financial Responsibility and

Management Assistance Authority, and the Council of the District

of Columbia no later than fifteen (15) calendar days after the

end of each month a report that sets forth—

(1) current month expenditures and obligations, year-todate expenditures and obligations, and total fiscal year expenditure projections vs. budget broken out on the basis of control

center, responsibility center, agency reporting code, and object

class, and for all funds, including capital financing;

(2) a breakdown of FTE positions and staff for the most

current pay period broken out on the basis of control center,

responsibility center, and agency reporting code within each

responsibility center, for all funds, including capital funds;

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

and the amount of funds frozen, broken out by control center,

responsibility center, detailed object, and agency reporting code,

and for all funding sources;

(4) a list of all active contracts in excess of $10,000

annually, which contains the name of each contractor; the

budget to which the contract is charged broken out on the

basis of control center, responsibility center, and agency reporting code; and contract identifying codes used by the D.C. Public

Schools; payments made in the last month and year-to-date,

the total amount of the contract and total payments made

for the contract and any modifications, extensions, renewals;

and specific modifications made to each contract in the last

month;

(5) all reprogramming requests and reports that are

required to be, and have been, submitted to the Board of

Education; and

(6) changes made in the last month to the organizational

structure of the D.C. Public Schools, displaying previous and

current control centers and responsibility centers, the names

of the organizational entities that have been changed, the name

of the staff member supervising each entity affected, and the

reasons for the structural change.

Ante, p. 1321–92.

Effective date.
110 STAT. 2370 PUBLIC LAW 104–194—SEPT. 9, 1996

MONTHLY REPORTING REQUIREMENTS

UNIVERSITY OF THE DISTRICT OF COLUMBIA

SEC. 133. The University of the District of Columbia shall

submit to the Congress, the Mayor, the District of Columbia Financial Responsibility and Management Assistance Authority, and the

Council of the District of Columbia no later than fifteen (15) calendar days after the end of each month a report that sets forth—

(1) current month expenditures and obligations, year-todate expenditures and obligations, and total fiscal year expenditure projections vs. budget broken out on the basis of control

center, responsibility center, and object class, and for all funds,

non-appropriated funds, and capital financing;

(2) a breakdown of FTE positions and all employees for

the most current pay period broken out on the basis of control

center and responsibility center, for all funds, including capital

funds;

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

and the amount of funds frozen, broken out by control center,

responsibility center, detailed object, and for all funding

sources;

(4) a list of all active contracts in excess of $10,000

annually, which contains the name of each contractor; the

budget to which the contract is charged broken out on the

basis of control center and responsibility center, and contract

identifying codes used by the University of the District of

Columbia; payments made in the last month and year-to-date,

the total amount of the contract and total payments made

for the contract and any modifications, extensions, renewals;

and specific modifications made to each contract in the last

month;

(5) all reprogramming requests and reports that have been

made by the University of the District of Columbia within

the last month in compliance with applicable law; and

(6) changes made in the last month to the organizational

structure of the University of the District of Columbia, displaying previous and current control centers and responsibility centers, the names of the organizational entities that have been

changed, the name of the staff member supervising each entity

affected, and the reasons for the structural change.

ANNUAL REPORTING REQUIREMENTS

SEC. 134. (a) IN GENERAL.—The Board of Education of the

District of Columbia and the University of the District of Columbia

shall annually compile an accurate and verifiable report on the

positions and employees in the public school system and the university, respectively. The annual report shall set forth—

(1) the number of validated schedule A positions in the

District of Columbia Public Schools and the University of the

District of Columbia for fiscal year 1996, fiscal year 1997,

and thereafter on a full-time equivalent basis, including a compilation of all positions by control center, responsibility center,

funding source, position type, position title, pay plan, grade,

and annual salary; and

(2) a compilation of all employees in the District of Columbia Public Schools and the University of the District of Colum-
PUBLIC LAW 104–194—SEPT. 9, 1996 110 STAT. 2371

bia as of the preceding December 31, verified as to its accuracy

in accordance with the functions that each employee actually

performs, by control center, responsibility center, agency reporting code, program (including funding source), activity, location

for accounting purposes, job title, grade and classification,

annual salary, and position control number.

(b) SUBMISSION.—The annual report required by subsection

(a) of this section shall be submitted to the Congress, the

Mayor, the District of Columbia Council, the Consensus

Commission, and the Authority, not later than February 15

of each year.

ANNUAL BUDGETS AND BUDGET REVISIONS

SEC. 135. (a) No later than October 1, 1996, or within 15

calendar days after the date of the enactment of the District of

Columbia Appropriations Act, 1997, whichever occurs later, and

each succeeding year, the Board of Education and the University

of the District of Columbia shall submit to the appropriate congressional committees, the Mayor, the District of Columbia Council,

the Consensus Commission, and the District of Columbia Financial

Responsibility and Management Assistance Authority, a revised

appropriated funds operating budget for the public school system

and the University of the District of Columbia for such fiscal year

that is in the total amount of the approved appropriation and

that realigns budgeted data for personal services and other-thanpersonal services, respectively, with anticipated actual expenditures.

(b) The revised budget required by subsection (a) of this section

shall be submitted in the format of the budget that the Board

of Education and the University of the District of Columbia submit

to the Mayor of the District of Columbia for inclusion in the Mayor’s

budget submission to the Council of the District of Columbia pursuant to section 442 of the District of Columbia Self-Government

and Governmental Reorganization Act, Public Law 93–198, as

amended (D.C. Code, sec. 47–301).

EDUCATIONAL BUDGET APPROVAL

SEC. 136. The Board of Education, the Board of Trustees of

the University of the District of Columbia, the Board of Library

Trustees, and the Board of Governors of the D.C. School of Law

shall vote on and approve their respective annual or revised budgets

before submission to the Mayor of the District of Columbia for

inclusion in the Mayor’s budget submission to the Council of the

District of Columbia in accordance with section 442 of the District

of Columbia Self-Government and Governmental Reorganization

Act, Public Law 93–198, as amended (D.C. Code, sec. 47–301),

or before submitting their respective budgets directly to the Council.

PUBLIC SCHOOL EMPLOYEE EVALUATIONS

SEC. 137. Notwithstanding any other provision of law, rule,

or regulation, the evaluation process and instruments for evaluating

District of Columbia Public Schools employees shall be a nonnegotiable item for collective bargaining purposes.
110 STAT. 2372 PUBLIC LAW 104–194—SEPT. 9, 1996

MODIFICATIONS OF BOARD OF EDUCATION REDUCTION-IN-FORCE

PROCEDURES

SEC. 138. The District of Columbia Government Comprehensive

Merit Personnel Act of 1978 (D.C. Code, sec. 1–601.1 et seq.),

is amended—

(1) in section 301 (D.C. Code, sec. 1–603.1)—

(A) by inserting after paragraph (13), the following

new paragraph:

‘‘(13A) The term ‘nonschool-based personnel’ means any

employee of the District of Columbia public schools who is

not based at a local school or who does not provide direct

services to individual students.’’; and

(B) by inserting after paragraph (15), the following

new paragraph:

‘‘(15A) The term ‘school administrators’ means principals,

assistant principals, school program directors, coordinators,

instructional supervisors, and support personnel of the District

of Columbia public schools.’’;

(2) in section 801A(b)(2) (D.C. Code, sec. 1–609.1(b)(2)(L))—

(A) by striking ‘‘(L) reduction-in-force’’ and inserting

‘‘(L)(i) reduction-in-force’’; and

(B) by inserting after subparagraph (L)(i), the following

new clause:

‘‘(ii) notwithstanding any other provision of law,

the Board of Education shall not issue rules that

require or permit nonschool-based personnel or school

administrators to be assigned or reassigned to the same

competitive level as classroom teachers;’’; and

(3) in section 2402 (D.C. Code, sec. 1–625.2), by adding

at the end the following new subsection:

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

of Education shall not require or permit nonschool-based personnel

or school administrators to be assigned or reassigned to the same

competitive level as classroom teachers.’’.

SEC. 139. (a) Notwithstanding any other provision of law, rule,

or regulation, an employee of the District of Columbia Public Schools

shall 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 of Education rules.

(b) School-based personnel shall constitute a separate competitive area from nonschool-based personnel who shall not compete

with school-based personnel for retention purposes.

MODIFICATION OF REDUCTION-IN-FORCE PROCEDURES

SEC. 140. (a) Section 2401 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C. Code, sec.

1–625.1 et seq.) is amended by amending the third sentence to

read as follows: ‘‘A personnel authority may establish lesser

competitive areas within an agency on the basis of all or a clearly

identifiable segment of an agency’s mission or a division or major

subdivision of an agency.’’.

(b) The District of Columbia Government Comprehensive Merit

Personnel Act of 1978 (D.C. Code, sec. 1–601.1 et seq.), as amended

by section 149 of the District of Columbia Appropriations Act,
PUBLIC LAW 104–194—SEPT. 9, 1996 110 STAT. 2373

1996 (Public Law 104–134), is amended by adding at the end

the following new section:

‘‘SEC. 2407. ABOLISHMENT OF POSITIONS FOR FISCAL YEAR 1997.

‘‘(a) Notwithstanding any other provision of law, regulation,

or collective bargaining agreement either in effect or to be negotiated while this legislation is in effect for the fiscal year ending

September 30, 1997, each agency head is authorized, within the

agency head’s discretion, to identify positions for abolishment.

‘‘(b) Prior to February 1, 1997, each personnel authority shall

make a final determination that a position within the personnel

authority is to be abolished.

‘‘(c) Notwithstanding any rights or procedures established by

any other provision of this title, any District government employee,

regardless of date of hire, who encumbers a position identified

for abolishment shall be separated without competition or assignment rights, except as provided in this section.

‘‘(d) An employee affected by the abolishment of a position

pursuant to this section who, but for this section would be entitled

to compete for retention, shall be entitled to one round of lateral

competition pursuant to Chapter 24 of the District of Columbia

Personnel Manual, which shall be limited to positions in the employee’s competitive level.

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

of Columbia shall have added 5 years to his or her creditable

service for reduction-in-force purposes. For purposes of this subsection only, a nonresident District employee who was hired by

the District government prior to January 1, 1980, and has not

had a break in service since that date, or a former employee

of the United States Department of Health and Human Services

at Saint Elizabeths Hospital who accepted employment with the

District government on October 1, 1987, and has not had a break

in service since that date, shall be considered a District resident.

‘‘(f) Each employee selected for separation pursuant to this

section shall be given written notice of at least 30 days before

the effective date of his or her separation.

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

than an agency, nor the determination that a specific position

is to be abolished, nor separation pursuant to this section shall

be subject to review except as follows—

‘‘(1) an employee may file a complaint contesting a determination or a separation pursuant to title XV of this Act

or section 303 of the Human Rights Act of 1977, effective

December 13, 1977 (D.C. Law 2–38; D.C. Code, sec. 1–2543);

and

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

Appeals an appeal contesting that the separation procedures

of subsections (d) and (f) of this section were not properly

applied.

‘‘(h) An employee separated pursuant to this section shall be

entitled to severance pay in accordance with title XI of this Act,

except that the following shall be included in computing creditable

service for severance pay for employees separated pursuant to this

section—

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

preference under this Act, and

Severance pay.

Notice.

Ante, p. 1321–97.
110 STAT. 2374 PUBLIC LAW 104–194—SEPT. 9, 1996

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

preference under this Act.

‘‘(i) Separation pursuant to this section shall not affect an

employee’s rights under either the Agency Reemployment Priority

Program or the Displaced Employee Program established pursuant

to Chapter 24 of the District Personnel Manual.

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

positions to be abolished by agency and responsibility center by

March 1, 1997, or upon the delivery of termination notices to

individual employees.

‘‘(k) Notwithstanding the provisions of section 1708 or section

2402(d), the provisions of this Act shall not be deemed negotiable.

‘‘(l) A personnel authority shall cause a 30-day termination

notice to be served, no later than September 1, 1997, on any

incumbent employee remaining in any position identified to be

abolished pursuant to subsection (b) of this section.’’.

CEILING ON EXPENSES AND DEFICIT

SEC. 141. (a) CEILING ON TOTAL OPERATING EXPENSES AND

DEFICIT.—

(1) IN GENERAL.—Notwithstanding any other provision of

law, the total amount appropriated in this Act for operating

expenses for the District of Columbia for fiscal year 1997 under

the caption ‘‘DIVISION OF EXPENSES’’ shall not exceed the lesser

of—

(A) the sum of the total revenues of the District of

Columbia for such fiscal year and $74,000,000; or (B) $5,108,913,000 (of which $134,528,000 shall be from

intra-District funds).

(2) ENFORCEMENT.—The Chief Financial Officer of the District of Columbia and the District of Columbia Financial

Responsibility and Management Assistance Authority shall take

such steps as are necessary to assure that the District of

Columbia meets the requirements of this section, including

the apportioning by the Chief Financial Officer of the appropriations and funds made available to the District during fiscal

year 1997.

(b) ACCEPTANCE AND USE OF GRANTS NOT INCLUDED IN

CEILING.—

(1) IN GENERAL.—Notwithstanding subsection (a), the

Mayor of the District of Columbia may accept, obligate, and

expend Federal, private, and other grants received by the District government that are not reflected in the amounts appropriated in this Act.

(2) REQUIREMENT OF CHIEF FINANCIAL OFFICER REPORT AND

FINANCIAL RESPONSIBILITY AND MANAGEMENT ASSISTANCE

AUTHORITY APPROVAL.—No such Federal, private, or other grant

may be accepted, obligated, or expended pursuant to paragraph

(1) until—

(A) the Chief Financial Officer of the District submits

to the District of Columbia Financial Responsibility and

Management Assistance Authority established by Public

Law 104–8 (109 Stat. 97) a report setting forth detailed

information regarding such grant; and

(B) the District of Columbia Financial Responsibility

and Management Assistance Authority has reviewed and

approved the acceptance, obligation, and expenditure of

Termination

notice.

Listing.
PUBLIC LAW 104–194—SEPT. 9, 1996 110 STAT. 2375

such grant in accordance with review and approval procedures consistent with the provisions of Public Law 104–

8, the District of Columbia Financial Responsibility and

Management Assistance Act of 1995.

(3) PROHIBITION ON SPENDING IN ANTICIPATION OF APPROVAL

OR RECEIPT.—No amount may be obligated or expended from

the general fund or other funds of the District government

in anticipation of the approval or receipt of a grant under

paragraph (2)(B) or in anticipation of the approval or receipt

of a Federal, private, or other grant not subject to such paragraph.

(4) MONTHLY REPORTS.—The Chief Financial Officer of the

District shall prepare a monthly report setting forth detailed

information regarding all Federal, private, and other grants

subject to this subsection. Each such report shall be submitted

to the Council of the District of Columbia, and to the Committees on Appropriations of the House of Representatives and

the Senate, not later than 15 days after the end of the month

covered by the report.

CHIEF FINANCIAL OFFICER POWERS DURING CONTROL PERIODS

SEC. 142. Notwithstanding any other provision of law, during

any control period in effect under subtitle A of title II of the

District of Columbia Financial Responsibility and Management

Assistance Act of 1995 the following shall apply:

(a) The heads and all personnel of the following offices,

together with all other District of Columbia accounting, budget,

and financial management personnel (including personnel of

independent agencies but not including personnel of the legislative and judicial branches of the District government), shall

be appointed by, shall serve at the pleasure of, and shall

act under the direction and control of the Chief Financial

Officer:

The Office of the Treasurer.

The Controller of the District of Columbia.

The Office of the Budget.

The Office of Financial Information Services.

The Department of Finance and Revenue.

The District of Columbia Financial Responsibility and Management Assistance Authority established pursuant to Public Law

104–8, approved April 17, 1995, may remove such individuals

from office for cause, after consultation with the Mayor and

the Chief Financial Officer.

(b) The Chief Financial Officer shall prepare and submit

to the Mayor, for inclusion in the annual budget of the District

of Columbia under part D of title IV of the District of Columbia

Self-Government and Governmental Reorganization Act of

1973, approved December 24, 1973 (87 Stat. 774; Public Law

93–198), as amended, for each fiscal year occurring during

a control period in effect under subtitle A of title II of the

District of Columbia Financial Responsibility and Management

Assistance Act of 1995, annual estimates of the expenditures

and appropriations necessary for the operation of the Office

of the Chief Financial Officer for the year. All such estimates

shall be forwarded by the Mayor to the Council of the District

of Columbia for its action pursuant to sections 446 and 603(c)

of the District of Columbia Self-Government and Governmental
110 STAT. 2376 PUBLIC LAW 104–194—SEPT. 9, 1996

Reorganization Act, Public Law 93–198, approved December

24, 1973, without revision but subject to recommendations.

Notwithstanding any other provisions of the District of Columbia Self-Government and Governmental Reorganization Act,

Public Law 93–198, approved December 24, 1973, the Council

may comment or make recommendations concerning such estimates, but shall have no authority to revise such estimates.

POLICE AND FIRE FIGHTER DISABILITY RETIREMENTS

SEC. 143. (a) Up to 50 police officers and up to 50 Fire and

Emergency Medical Services members with less than 20 years of

departmental service who were hired before February 14, 1980,

and who retire on disability before the end of calendar year 1997

shall be excluded from the computation of the rate of disability

retirements under subsection 145(a) of the District of Columbia

Retirement Reform Act of 1979 (93 Stat. 882; D.C. Code, sec.

1–725(a)), for purposes of reducing the authorized Federal payment

to the District of Columbia Police Officers and Fire Fighters’ Retirement Fund pursuant to subsection 145(c) of the District of Columbia

Retirement Reform Act of 1979.

(b) The Mayor, within 30 days after the enactment of this

provision, shall engage an enrolled actuary, to be paid by the

District of Columbia Retirement Board, and shall comply with the

requirements of section 142(d) and section 144(d) of the District

of Columbia Retirement Reform Act of 1979 (Public Law 96–122,

approved November 17, 1979; D.C. Code, secs. 1–722(d) and 1–

724(d)).

(c) This section shall not go into effect until 15 days after

the Mayor transmits the actuarial report required by section 142(d)

of the District of Columbia Retirement Reform Act of 1979 (Public

Law 96–122, approved November 17, 1979) to the District of Columbia Retirement Board, the Speaker of the House of Representatives,

and the President pro tempore of the Senate.

SEC. 144. (a) Section 451(c)(3) of the District of Columbia SelfGovernment and Governmental Reorganization Act, approved

December 24, 1973 (87 Stat. 803; D.C. Code, sec. 1–1130(c)(3)),

is amended by striking the word ‘‘section’’ and inserting the word

‘‘subsection’’ in its place.

DISTRICT OF COLUMBIA SCHOOL REFORM

SEC. 145. Section 2204(c)(2) of the District of Columbia School

Reform Act of 1995 (Public Law 104–134) is amended to read

as follows:

‘‘(2) TUITION, FEES, AND PAYMENTS.—

‘‘(A) PROHIBITION.—A public charter school may not,

with respect to any student other than a nonresident student, charge tuition, impose fees, or otherwise require payment for participation in any program, educational offering,

or activity that—

‘‘(i) enrolls students in any grade from kindergarten through grade 12; or

‘‘(ii) is funded in whole or part through an annual

local appropriation.

‘‘(B) EXCEPTION.—A public charter school may impose

fees or otherwise require payment, at rates established

by the Board of Trustees of the school, for any program,

Ante, p. 1321–

119.

Effective date.

Reports.
PUBLIC LAW 104–194—SEPT. 9, 1996 110 STAT. 2377

educational offering, or activity not described in clause

(i) or (ii) of subparagraph (A), including adult education

programs, or for field trips or similar activities.’’.

SEC. 146. (a) COMPLIANCE WITH BUY AMERICAN ACT.—None

of the funds made available in this Act may be expended by an

entity unless the entity agrees that in expending the funds the

entity will comply with the Buy American Act (41 U.S.C. 10a–

10c).

(b) SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.— (1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PROD- UCTS.—In the case of any equipment or product that may

be authorized to be purchased with financial assistance provided using funds made available in this Act, it is the sense

of the Congress that entities receiving the assistance should,

in expending the assistance, purchase only American-made

equipment and products to the greatest extent practicable.

(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing

financial assistance using funds made available in this Act,

the head of each agency of the Federal or District of Columbia

government shall provide to each recipient of the assistance

a notice describing the statement made in paragraph (1) by

the Congress.

(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABEL- ING PRODUCTS AS MADE IN AMERICA.—If it has been finally determined by a court or Federal agency that any person intentionally

affixed a label bearing a ‘‘Made in America’’ inscription, or any

inscription with the same meaning, to any product sold in or shipped

to the United States that is not made in the United States, the

person shall be ineligible to receive any contract or subcontract

made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections

9.400 through 9.409 of title 48, Code of Federal Regulations.

SEC. 147. Notwithstanding any other law, the District of Columbia Housing Finance Agency, established by section 210 of the

District of Columbia Housing Finance Agency Act, effective March

3, 1979 (D.C. Law 2–135; D.C. Code, sec. 45–2111) shall not be

required to repay moneys advanced by the District government

(including accrued interest thereon) pursuant to Congressional

appropriations for fiscal years 1980 through 1992.

SEC. 148. Section 2561(b) of the District of Columbia School

Reform Act of 1995 (Public Law 104–134) is amended to read

as follows:

‘‘(b) LIMITATION.—A waiver under subsection (a) shall not apply

to requirements under 40 U.S.C. 267a–276a–7 and Executive Order

11246.’’.

ENERGY AND WATER SAVINGS AT DISTRICT OF COLUMBIA FACILITIES

SEC. 149. The Director of the District of Columbia Office of

Energy shall, subject to the contract approval provisions of Public

Law 104–8—

(A) develop a comprehensive plan to identify and accomplish energy conservation measures to achieve maximum costeffective energy and water savings;

(B) enter into innovative financing and contractual mechanisms including, but not limited to, utility demand-side management programs and energy savings performance contracts andContracts.

Ante, p. 1321–

143.
110 STAT. 2378 PUBLIC LAW 104–194—SEPT. 9, 1996

LEGISLATIVE HISTORY—H.R. 3845:

HOUSE REPORTS: Nos. 104–689 (Comm on Appropriations) and 104–740 (Comm.

of Conference).

SENATE REPORTS: No. 104–328 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 142 (1996):

July 22, considered and passed House.

July 25, considered and passed Senate, amended.

Aug. 1, House agreed to conference report.

Sept. 5, Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):

Sept. 9, Presidential statement.

Æ

water conservation performance contracts: Provided, That the

terms of such contracts do not exceed twenty-five years; and

(C) permit and encourage each department or agency and

other instrumentality of the District of Columbia to participate

in programs conducted by any gas, electric or water utility

of the management of electricity or gas demand or for energy

or water conservation.

REDUCTION IN MINIMUM NUMBER OF MEMBERS OF THE BOARD OF

TRUSTEES OF AMERICAN UNIVERSITY

SEC. 150. The first section of the Act entitled ‘‘An Act to

incorporate the American University’’, approved February 24, 1893,

(27 Stat. 476), is amended by striking ‘‘forty’’ and inserting ‘‘twentyfive’’.

WAIVER OF CONGRESSIONAL REVIEW FOR CERTAIN COUNCIL ACTS

SEC. 151. Notwithstanding section 602(c)(1) of the District of

Columbia Self-Government and Governmental Reorganization Act,

each of the following District of Columbia acts shall take effect

on the date of the enactment of this Act:

(1) The District of Columbia Real Property Tax Lien Assignment or Sale and Transfer Amendment Act of 1996 (D.C. Act

11–353).

(2) The Telecommunications Competition Act of 1996 (D.C.

Act 11–300).

(3) The Mortgage Lenders and Brokers Act of 1996 (D.C.

Act 11–309).

This Act may be cited as the District of Columbia Appropriations Act, 1997.

Approved September 9, 1996.

Effective date.