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[104th Congress Public Law 194]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ194.104]

[[Page 2355]]

              DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 1997

[[Page 110 STAT. 2356]]

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. <<NOTE: Sept. 9, 1996 -  [H.R. 3845]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That <<NOTE: District of 
Columbia Appropriations Act, 1997.>> 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.

[[Page 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 full-time 
equivalent positions from local funds, $12,192,000 and 8 full-time 
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 full-time 
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 passenger-
carrying vehicles for replacement only, including 130 for police-type 
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 three-fourths 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 <<NOTE: Reports.>> the Metropolitan Police 
Department shall pro

[[Page 110 STAT. 2358]]

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 <<NOTE: Communications. Prisons. Virginia.>> 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 fur

[[Page 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 full-time 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

[[Page 110 STAT. 2360]]

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 full-time 
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

[[Page 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.

[[Page 110 STAT. 2362]]

                             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 <<NOTE: Expiration date.>> 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

[[Page 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 <<NOTE: Reports.>> 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

[[Page 110 STAT. 2364]]

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. <<NOTE: Contracts.>> 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.

[[Page 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 <<NOTE: Reports.>> 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.

[[Page 110 STAT. 2366]]

    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 <<NOTE: Applicability.>> 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.

[[Page 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 <<NOTE: Sequestration.>> 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

[[Page 110 STAT. 2368]]

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) <<NOTE: Records. Public inspection.>> 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.

[[Page 110 STAT. 2369]]

        Compensation of Members of Judicial Nomination Commission

    Sec. 131. <<NOTE: Effective date.>> (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 <<NOTE: Ante, p. 1321-92.>> 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-to-date 
        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.

[[Page 110 STAT. 2370]]

                     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-to-date 
        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

[[Page 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-than-personal 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 non-negotiable 
item for collective bargaining purposes.

[[Page 110 STAT. 2372]]

    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,

[[Page 110 STAT. 2373]]

1996 (Public Law 104-134), <<NOTE: Ante, p. 1321-97.>> 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) <<NOTE: Notice.>> 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) <<NOTE: Severance pay.>> 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

[[Page 110 STAT. 2374]]

            ``(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) <<NOTE: Listing.>> 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) <<NOTE: Termination notice.>> 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

[[Page 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

[[Page 110 STAT. 2376]]

        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) <<NOTE: Effective date. Reports.>> 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 Self-
Government 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) <<NOTE: Ante, p. 1321-119.>> 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,

[[Page 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 products.--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 Labeling 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) <<NOTE: Ante, p. 1321-143.>> 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 cost-effective 
        energy and water savings;
            (B) <<NOTE: Contracts.>> enter into innovative financing and 
        contractual mechanisms including, but not limited to, utility 
        demand-side management programs and energy savings performance 
        contracts and

[[Page 110 STAT. 2378]]

        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 ``twenty-
five''.

         waiver of congressional review for certain council acts

    Sec. 151. <<NOTE: Effective date.>> 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.

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.

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