IIA

104TH CONGRESS

2D SESSION H.R. 3845

IN THE SENATE OF THE UNITED STATES

JULY 23, 1996

Received; read twice and referred to the Committee on Appropriations

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

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 District of Columbia for the fiscal year ending September

6 30, 1997, and for other purposes, namely:

7 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

8 For payment to the District of Columbia for the fiscal

9 year ending September 30, 1997, $660,000,000, as au10 thorized by section 502(a) of the District of Columbia

11 Self-Government and Governmental Reorganization Act,

12 Public Law 93–198, as amended (D.C. Code, Sec. 47–

13 3406.1).

14 FEDERAL CONTRIBUTION TO RETIREMENT FUNDS

15 For the Federal contribution to the Police Officers

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

17 Funds, as authorized by the District of Columbia Retire18 ment Reform Act, approved November 17, 1979 (93 Stat.

19 866; Public Law 96–122), $52,070,000.

20 PRESIDENTIAL INAUGURATION

21 For payment to the District of Columbia in lieu of

22 reimbursement for expenses incurred in connection with

23 Presidential inauguration activities, $5,702,000, as au24 thorized by section 737(b) of the District of Columbia

25 Self-Government and Governmental Reorganization Act,
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1 Public Law 93–198, as amended (D.C. Code, sec. 1–

2 1803), which shall be apportioned by the Chief Financial

3 Officer within the various appropriation headings in this

4 Act.

5 DIVISION OF EXPENSES

6 The following amounts are appropriated for the Dis7 trict of Columbia for the current fiscal year out of the

8 general fund of the District of Columbia, except as other9 wise specifically provided.

10 GOVERNMENTAL DIRECTION AND SUPPORT

11 Governmental direction and support, $115,663,000

12 and 1,440 full-time equivalent positions (including

13 $98,691,000 and 1,371 full-time equivalent positions from

14 local funds, $12,192,000 and 8 full-time equivalent posi15 tions from Federal funds, and $4,780,000 and 61 full-time

16 equivalent positions from other funds): Provided, That

17 funds expended for the Executive Office of the Mayor are

18 not to exceed $1,753,000: Provided further, That not to

19 exceed $2,500 for the Mayor, $2,500 for the Chairman

20 of the Council of the District of Columbia, and $2,500

21 for the City Administrator shall be available from this ap22 propriation for official purposes: Provided further, That

23 any program fees collected from the issuance of debt shall

24 be available for the payment of expenses of the debt man25 agement program of the District of Columbia: Provided
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1 further, That no revenues from Federal sources shall be

2 used to support the operations or activities of the State3 hood Commission and Statehood Compact Commission:

4 Provided further, That the District of Columbia shall iden5 tify the sources of funding for Admission to Statehood

6 from its own locally-generated revenues.

7 ECONOMIC DEVELOPMENT AND REGULATION

8 Economic development and regulation, $135,704,000

9 and 1,501 full-time equivalent positions (including

10 $67,196,000 and 720 full-time equivalent positions from

11 local funds, $45,708,000 and 524 full-time equivalent po12 sitions from Federal funds, and $22,800,000 and 257 full13 time equivalent positions from other funds): Provided,

14 That the District of Columbia Housing Finance Agency,

15 established by section 201 of the District of Columbia

16 Housing Finance Agency Act, effective March 3, 1979

17 (D.C. Law 2–135; D.C. Code, sec. 45–2111), based upon

18 its capability of repayments as determined each year by

19 the Council of the District of Columbia from the Housing

20 Finance Agency’s annual audited financial statements to

21 the Council of the District of Columbia, shall repay to the

22 general fund an amount equal to the appropriated admin23 istrative costs plus interest at a rate of four percent per

24 annum for a term of 15 years, with a deferral of payments

25 for the first three years: Provided further, That notwith-
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1 standing the foregoing provision, the obligation to repay

2 all or part of the amounts due shall be subject to the

3 rights of the owners of any bonds or notes issued by the

4 Housing Finance Agency and shall be repaid to the Dis5 trict of Columbia government only from available operat6 ing revenues of the Housing Finance Agency that are in

7 excess of the amounts required for debt service, reserve

8 funds, and operating expenses: Provided further, That

9 upon commencement of the debt service payments, such

10 payments shall be deposited into the general fund of the

11 District of Columbia.

12 PUBLIC SAFETY AND JUSTICE

13 Public safety and justice, including purchase of 135

14 passenger-carrying vehicles for replacement only, includ15 ing 130 for police-type use and five for fire-type use, with16 out regard to the general purchase price limitation for the

17 current fiscal year, $1,041,281,000 and 11,842 full-time

18 equivalent positions (including $1,012,112,000 and

19 11,726 full-time equivalent positions from local funds,

20 $19,310,000 and 112 full-time equivalent positions from

21 Federal funds, and $9,859,000 and 4 full-time equivalent

22 positions from other funds): Provided, That the Metropoli23 tan Police Department is authorized to replace not to ex24 ceed 25 passenger-carrying vehicles and the Fire Depart25 ment of the District of Columbia is authorized to replace
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1 not to exceed five passenger-carrying vehicles annually

2 whenever the cost of repair to any damaged vehicle ex3 ceeds three-fourths of the cost of the replacement: Pro4 vided further, That not to exceed $500,000 shall be avail5 able from this appropriation for the Chief of Police for

6 the prevention and detection of crime: Provided further,

7 That the Metropolitan Police Department shall provide

8 quarterly reports to the Committees on Appropriations of

9 the House and Senate on efforts to increase efficiency and

10 improve the professionalism in the department: Provided

11 further, That notwithstanding any other provision of law,

12 or Mayor’s Order 86–45, issued March 18, 1986, the Met13 ropolitan Police Department’s delegated small purchase

14 authority shall be $500,000: Provided further, That the

15 District of Columbia government may not require the Met16 ropolitan Police Department to submit to any other pro17 curement review process, or to obtain the approval of or

18 be restricted in any manner by any official or employee

19 of the District of Columbia government, for purchases

20 that do not exceed $500,000: Provided further, That funds

21 appropriated for expenses under the District of Columbia

22 Criminal Justice Act, approved September 3, 1974 (88

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

24 et seq.), for the fiscal year ending September 30, 1997,

25 shall be available for obligations incurred under the Act
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1 in each fiscal year since inception in fiscal year 1975: Pro2 vided further, That funds appropriated for expenses under

3 the District of Columbia Neglect Representation Equity

4 Act of 1984, effective March 13, 1985 (D.C. Law 5–129;

5 D.C. Code, sec. 16–2304), for the fiscal year ending Sep6 tember 30, 1997, shall be available for obligations in7 curred under the Act in each fiscal year since inception

8 in fiscal year 1985: Provided further, That funds appro9 priated for expenses under the District of Columbia

10 Guardianship, Protective Proceedings, and Durable Power

11 of Attorney Act of 1986, effective February 27, 1987

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

13 year ending September 30, 1997, shall be available for ob14 ligations incurred under the Act in each fiscal year since

15 inception in fiscal year 1989: Provided further, That not

16 to exceed $1,500 for the Chief Judge of the District of

17 Columbia Court of Appeals, $1,500 for the Chief Judge

18 of the Superior Court of the District of Columbia, and

19 $1,500 for the Executive Officer of the District of Colum20 bia Courts shall be available from this appropriation for

21 official purposes: Provided further, That the District of

22 Columbia shall operate and maintain a free, 24-hour tele23 phone information service whereby residents of the area

24 surrounding Lorton prison in Fairfax County, Virginia,

25 can promptly obtain information from District of Colum-
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1 bia government officials on all disturbances at the prison,

2 including escapes, riots, and similar incidents: Provided

3 further, That the District of Columbia government shall

4 also take steps to publicize the availability of the 24-hour

5 telephone information service among the residents of the

6 area surrounding the Lorton prison: Provided further,

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

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

9 William County, Virginia, for expenses incurred by the

10 counties during the fiscal year ending September 30,

11 1997, in relation to the Lorton prison complex: Provided

12 further, That such reimbursements shall be paid in all in13 stances in which the District requests the counties to pro14 vide police, fire, rescue, and related services to help deal

15 with escapes, fires, riots, and similar disturbances involv16 ing the prison: Provided further, That the Mayor shall re17 imburse the District of Columbia National Guard for ex18 penses incurred in connection with services that are per19 formed in emergencies by the National Guard in a militia

20 status and are requested by the Mayor, in amounts that

21 shall be jointly determined and certified as due and pay22 able for these services by the Mayor and the Commanding

23 General of the District of Columbia National Guard: Pro24 vided further, That such sums as may be necessary for

25 reimbursement to the District of Columbia National
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1 Guard under the preceding proviso shall be available from

2 this appropriation, and the availability of the sums shall

3 be deemed as constituting payment in advance for emer4 gency services involved.

5 PUBLIC EDUCATION SYSTEM

6 Public education system, including the development

7 of national defense education programs, $758,815,000

8 and 11,276 full-time equivalent positions (including

9 $632,379,000 and 10,045 full-time equivalent positions

10 from local funds, $98,479,000 and 1,009 full-time equiva11 lent positions from Federal funds, and $27,957,000 and

12 222 full-time equivalent positions from other funds), to

13 be allocated as follows: $573,430,000 and 9,935 full-time

14 equivalent positions (including $479,679,000 and 9,063

15 full-time equivalent positions from local funds,

16 $85,823,000 and 840 full-time equivalent positions from

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

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

19 District of Columbia; $2,835,000 from local funds for

20 public charter schools: Provided, That if the entirety of

21 this allocation has not been provided as payments to one

22 or more public charter schools by May 1, 1997, and re23 mains unallocated, the funds will revert to the general

24 fund of the District of Columbia in accordance with sec25 tion 2403(a)(2)(D) of the District of Columbia School Re-
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1 form Act of 1995 (Public Law 104–134); $88,100,000

2 from local funds for the District of Columbia Teachers’

3 Retirement Fund; $69,801,000 and 917 full-time equiva4 lent positions (including $38,479,000 and 572 full-time

5 equivalent positions from local funds, $11,747,000 and

6 156 full-time equivalent positions from Federal funds, and

7 $19,575,000 and 189 full-time equivalent positions from

8 other funds) for the University of the District of Colum9 bia; $22,429,000 and 415 full-time equivalent positions

10 (including $21,529,000 and 408 full-time equivalent posi11 tions from local funds, $446,000 and 6 full-time equiva12 lent positions from Federal funds, and $454,000 and 1

13 full-time equivalent position from other funds) for the

14 Public Library; $2,220,000 and 9 full-time equivalent po15 sitions (including $1,757,000 and 2 full-time equivalent

16 positions from local funds and $463,000 and 7 full-time

17 equivalent positions from Federal funds) for the Commis18 sion on the Arts and Humanities: Provided, That the pub19 lic schools of the District of Columbia are authorized to

20 accept not to exceed 31 motor vehicles for exclusive use

21 in the driver education program: Provided further, That

22 not to exceed $2,500 for the Superintendent of Schools,

23 $2,500 for the President of the University of the District

24 of Columbia, and $2,000 for the Public Librarian shall

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

2 available from this appropriation for school repairs in a

3 restricted line item: Provided further, That not less than

4 $1,200,000 shall be available for local school allotments

5 in a restricted line item: Provided further, That not less

6 than $4,500,000 shall be available to support kindergarten

7 aides in a restricted line item: Provided further, That not

8 less than $2,800,000 shall be available to support sub9 stitute teachers in a restricted line item: Provided further,

10 That not less than $1,788,000 shall be available in a re11 stricted line item for school counselors: Provided further,

12 That this appropriation shall not be available to subsidize

13 the education of nonresidents of the District of Columbia

14 at the University of the District of Columbia, unless the

15 Board of Trustees of the University of the District of Co16 lumbia adopts, for the fiscal year ending September 30,

17 1997, a tuition rate schedule that will establish the tuition

18 rate for nonresident students at a level no lower than the

19 nonresident tuition rate charged at comparable public in20 stitutions of higher education in the metropolitan area.

21 HUMAN SUPPORT SERVICES

22 Human support services, $1,685,707,000 and 6,344

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

24 3,814 full-time equivalent positions from local funds,

25 $676,665,000 and 2,444 full-time equivalent positions
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1 from Federal funds, and $47,643,000 and 86 full-time

2 equivalent positions from other funds): Provided, That

3 $24,793,000 of this appropriation, to remain available

4 until expended, shall be available solely for District of Co5 lumbia employees’ disability compensation: Provided fur6 ther, That the District of Columbia shall not provide free

7 government services such as water, sewer, solid waste dis8 posal or collection, utilities, maintenance, repairs, or simi9 lar services to any legally constituted private nonprofit or10 ganization (as defined in section 411(5) of Public Law

11 100–77, approved July 22, 1987) providing emergency

12 shelter services in the District, if the District would not

13 be qualified to receive reimbursement pursuant to the

14 Stewart B. McKinney Homeless Assistance Act, approved

15 July 22, 1987 (101 Stat. 485; Public Law 100–77; 42

16 U.S.C. 11301 et seq.).

17 PUBLIC WORKS

18 Public works, including rental of one passenger-car19 rying vehicle for use by the Mayor and three passenger20 carrying vehicles for use by the Council of the District of

21 Columbia and purchase of passenger-carrying vehicles for

22 replacement only, $247,967,000 and 1,252 full-time equiv23 alent positions (including $234,391,000 and 1,149 full24 time equivalent positions from local funds, $3,047,000 and

25 32 full-time equivalent positions from Federal funds, and
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1 $10,529,000 and 71 full-time equivalent positions from

2 other funds): Provided, That this appropriation shall not

3 be available for collecting ashes or miscellaneous refuse

4 from hotels and places of business.

5 WASHINGTON CONVENTION CENTER FUND TRANSFER

6 PAYMENT

7 For payment to the Washington Convention Center

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

9 REPAYMENT OF LOANS AND INTEREST

10 For reimbursement to the United States of funds

11 loaned in compliance with An Act to provide for the estab12 lishment of a modern, adequate, and efficient hospital cen13 ter in the District of Columbia, approved August 7, 1946

14 (60 Stat. 896; Public Law 79–648); section 1 of An Act

15 to authorize the Commissioners of the District of Colum16 bia to borrow funds for capital improvement programs and

17 to amend provisions of law relating to Federal Govern18 ment participation in meeting costs of maintaining the

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

20 183; Public Law 85–451; D.C. Code, sec. 9–219); section

21 4 of An Act to authorize the Commissioners of the District

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

23 sanitary sewer to connect the Dulles International Airport

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

25 1960 (74 Stat. 211; Public Law 86–515); sections 723
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1 and 743(f) of the District of Columbia Self-Government

2 and Governmental Reorganization Act of 1973, approved

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

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

5 1156; Public Law 95–131; D.C. Code, sec. 9–219, note),

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

7 local funds.

8 REPAYMENT OF GENERAL FUND RECOVERY DEBT

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

10 general fund accumulated deficit as of September 30,

11 1990, $38,314,000 from local funds, as authorized by sec12 tion 461(a) of the District of Columbia Self-Government

13 and Governmental Reorganization Act, approved Decem14 ber 24, 1973, as amended (105 Stat. 540; Public Law

15 102–106; D.C. Code, sec. 47–321(a)(1)).

16 PAYMENT OF INTEREST ON SHORT-TERM BORROWING

17 For payment of interest on short-term borrowing,

18 $34,461,000 from local funds.

19 PRESIDENTIAL INAUGURATION

20 For reimbursement for necessary expenses incurred

21 in connection with Presidential inauguration activities as

22 authorized by section 737(b) of the District of Columbia

23 Self-Government and Governmental Reorganization Act,

24 Public Law 93–198, as amended, approved December 24,

25 1973 (87 Stat. 824; D.C. Code, sec. 1–1803), $5,702,000,
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1 which shall be apportioned by the Chief Financial Officer

2 within the various appropriation headings in this Act.

3 CERTIFICATES OF PARTICIPATION

4 For lease payments in accordance with the Certifi5 cates of Participation involving the land site underlying

6 the building located at One Judiciary Square, $7,926,000.

7 HUMAN RESOURCES DEVELOPMENT

8 For Human resources development, including costs of

9 increased employee training, administrative reforms, and

10 an executive compensation system, $12,257,000.

11 COST REDUCTION INITIATIVES

12 The Chief Financial Officer of the District of Colum13 bia shall, on behalf of the Mayor and under the direction

14 of the District of Columbia Financial Responsibility and

15 Management Assistance Authority, make reductions of

16 $47,411,000 and 2,411 full-time equivalent positions as

17 follows: $4,488,000 in real estate initiatives, $6,317,000

18 in management information systems, $2,271,000 in en19 ergy cost initiatives, $12,960,000 in purchasing and pro20 curement initiatives, and workforce reductions of 2,411

21 full-time positions and $21,375,000.

22 CAPITAL OUTLAY

23 (INCLUDING RESCISSIONS)

24 For construction projects, an increase of $46,923,000

25 (including an increase of $34,000,000 for the highway
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1 trust fund, reallocations and rescissions for a net rescis2 sion of $120,496,000 from local funds appropriated under

3 this heading in prior fiscal years and an additional

4 $133,419,000 in Federal funds), as authorized by An Act

5 authorizing the laying of water mains and service sewers

6 in the District of Columbia, the levying of assessments

7 therefor, and for other purposes, approved April 22, 1904

8 (33 Stat. 244; Public Law 58–140; D.C. Code, secs. 43–

9 1512 through 43–1519); the District of Columbia Public

10 Works Act of 1954, approved May 18, 1954 (68 Stat. 101;

11 Public Law 83–364); An Act to authorize the Commis12 sioners of the District of Columbia to borrow funds for

13 capital improvement programs and to amend provisions of

14 law relating to Federal Government participation in meet15 ing costs of maintaining the Nation’s Capital City, ap16 proved June 6, 1958 (72 Stat. 183; Public Law 85–451);

17 including acquisition of sites, preparation of plans and

18 specifications, conducting preliminary surveys, erection of

19 structures, including building improvement and alteration

20 and treatment of grounds, to remain available until ex21 pended: Provided, That funds for use of each capital

22 project implementing agency shall be managed and con23 trolled in accordance with all procedures and limitations

24 established under the Financial Management System: Pro25 vided further, That all funds provided by this appropria-
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1 tion title shall be available only for the specific projects

2 and purposes intended: Provided further, That notwith3 standing the foregoing, all authorizations for capital out4 lay projects, except those projects covered by the first sen5 tence of section 23(a) of the Federal-Aid Highway Act of

6 1968, approved August 23, 1968 (82 Stat. 827; Public

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

8 funds are provided by this appropriation title, shall expire

9 on September 30, 1998, except authorizations for projects

10 as to which funds have been obligated in whole or in part

11 prior to September 30, 1998: Provided further, That upon

12 expiration of any such project authorization the funds pro13 vided herein for the project shall lapse.

14 WATER AND SEWER ENTERPRISE FUND

15 For the Water and Sewer Enterprise Fund,

16 $221,362,000 from other funds of which $41,833,000

17 shall be apportioned and payable to the debt service fund

18 for repayment of loans and interest incurred for capital

19 improvement projects.

20 LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

21 For the Lottery and Charitable Games Enterprise

22 Fund, established by the District of Columbia Appropria23 tion Act for the fiscal year ending September 30, 1982,

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

25 Law 97–91), as amended, for the purpose of implementing
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1 the Law to Legalize Lotteries, Daily Numbers Games, and

2 Bingo and Raffles for Charitable Purposes in the District

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

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

5 $247,900,000 and 100 full-time equivalent positions (in6 cluding $7,850,000 and 100 full-time equivalent positions

7 for administrative expenses and $240,050,000 for non-ad8 ministrative expenses from revenue generated by the Lot9 tery Board), to be derived from non-Federal District of

10 Columbia revenues: Provided, That the District of Colum11 bia shall identify the source of funding for this appropria12 tion title from the District’s own locally-generated reve13 nues: Provided further, That no revenues from Federal

14 sources shall be used to support the operations or activi15 ties of the Lottery and Charitable Games Control Board.

16 CABLE TELEVISION ENTERPRISE FUND

17 For the Cable Television Enterprise Fund, estab18 lished by the Cable Television Communications Act of

19 1981, effective October 22, 1983 (D.C. Law 5–36; D.C.

20 Code, sec. 43–1801 et seq.), $2,511,000 and 8 full-time

21 equivalent positions (including $2,179,000 and 8 full-time

22 equivalent positions from local funds and $332,000 from

23 other funds).
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1 STARPLEX FUND

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

3 for expenses incurred by the Armory Board in the exercise

4 of its powers granted by An Act To Establish A District

5 of Columbia Armory Board, and for other purposes, ap6 proved June 4, 1948 (62 Stat. 339; D.C. Code, sec. 2–

7 301 et seq.) and the District of Columbia Stadium Act

8 of 1957, approved September 7, 1957 (71 Stat. 619; Pub9 lic Law 85–300; D.C. Code, sec. 2–321 et seq.): Provided,

10 That the Mayor shall submit a budget for the Armory

11 Board for the forthcoming fiscal year as required by sec12 tion 442(b) of the District of Columbia Self-Government

13 and Governmental Reorganization Act, approved Decem14 ber 24, 1973 (87 Stat. 824; Public Law 93–198; D.C.

15 Code, sec. 47–301(b)).

16 D.C. GENERAL HOSPITAL

17 For the District of Columbia General Hospital, estab18 lished by Reorganization Order No. 57 of the Board of

19 Commissioners, effective August 15, 1953, $112,419,000

20 of which $59,735,000 shall be derived by transfer from

21 the general fund and $52,684,000 shall be derived from

22 other funds.

23 D.C. RETIREMENT BOARD

24 For the D.C. Retirement Board, established by sec25 tion 121 of the District of Columbia Retirement Reform
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1 Act of 1989, approved November 17, 1979 (93 Stat. 866;

2 D.C. Code, sec. 1–711), $16,667,000 and 13 full-time

3 equivalent positions from the earnings of the applicable

4 retirement funds to pay legal, management, investment,

5 and other fees and administrative expenses of the District

6 of Columbia Retirement Board: Provided, That the Dis7 trict of Columbia Retirement Board shall provide to the

8 Congress and to the Council of the District of Columbia

9 a quarterly report of the allocations of charges by fund

10 and of expenditures of all funds: Provided further, That

11 the District of Columbia Retirement Board shall provide

12 the Mayor, for transmittal to the Council of the District

13 of Columbia, an item accounting of the planned use of ap14 propriated funds in time for each annual budget submis15 sion and the actual use of such funds in time for each

16 annual audited financial report.

17 CORRECTIONAL INDUSTRIES FUND

18 For the Correctional Industries Fund, established by

19 the District of Columbia Correctional Industries Estab20 lishment Act, approved October 3, 1964 (78 Stat. 1000;

21 Public Law 88–622), $3,052,000 and 50 full-time equiva22 lent positions from other funds.
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1 WASHINGTON CONVENTION CENTER ENTERPRISE FUND

2 For the Washington Convention Center Enterprise

3 Fund, $47,996,000 of which $5,400,000 shall be derived

4 by transfer from the general fund.

5 DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY

6 AND MANAGEMENT ASSISTANCE AUTHORITY

7 For the District of Columbia Financial Responsibility

8 and Management Assistance Authority, established by sec9 tion 101(a) of the District of Columbia Financial Respon10 sibility and Management Assistance Act of 1995, approved

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

12 $3,400,000.

13 GENERAL PROVISIONS

14 SEC. 101. The expenditure of any appropriation

15 under this Act for any consulting service through procure16 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

17 to those contracts where such expenditures are a matter

18 of public record and available for public inspection, except

19 where otherwise provided under existing law, or under ex20 isting Executive order issued pursuant to existing law.

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

22 all vouchers covering expenditures of appropriations con23 tained in this Act shall be audited before payment by the

24 designated certifying official and the vouchers as approved
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1 shall be paid by checks issued by the designated disbursing

2 official.

3 SEC. 103. Whenever in this Act, an amount is speci4 fied within an appropriation for particular purposes or ob5 jects of expenditure, such amount, unless otherwise speci6 fied, shall be considered as the maximum amount that

7 may be expended for said purpose or object rather than

8 an amount set apart exclusively therefor.

9 SEC. 104. Appropriations in this Act shall be avail10 able, when authorized by the Mayor, for allowances for

11 privately-owned automobiles and motorcycles used for the

12 performance of official duties at rates established by the

13 Mayor: Provided, That such rates shall not exceed the

14 maximum prevailing rates for such vehicles as prescribed

15 in the Federal Property Management Regulations 101–7

16 (Federal Travel Regulations).

17 SEC. 105. Appropriations in this Act shall be avail18 able for expenses of travel and for the payment of dues

19 of organizations concerned with the work of the District

20 of Columbia government, when authorized by the Mayor:

21 Provided, That the Council of the District of Columbia

22 and the District of Columbia Courts may expend such

23 funds without authorization by the Mayor.

24 SEC. 106. There are appropriated from the applicable

25 funds of the District of Columbia such sums as may be
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1 necessary for making refunds and for the payment of

2 judgments that have been entered against the District of

3 Columbia government: Provided, That nothing contained

4 in this section shall be construed as modifying or affecting

5 the provisions of section 11(c)(3) of title XII of the Dis6 trict of Columbia Income and Franchise Tax Act of 1947,

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

8 460; D.C. Code, sec. 47–1812.11(c)(3)).

9 SEC. 107. Appropriations in this Act shall be avail10 able for the payment of public assistance without reference

11 to the requirement of section 544 of the District of Colum12 bia Public Assistance Act of 1982, effective April 6, 1982

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

14 non-Federal share of funds necessary to qualify for Fed15 eral assistance under the Juvenile Delinquency Prevention

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

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

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

19 this Act shall remain available for obligation beyond the

20 current fiscal year unless expressly so provided herein.

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

22 District of Columbia government for the operation of edu23 cational institutions, the compensation of personnel, or for

24 other educational purposes may be used to permit, encour25 age, facilitate, or further partisan political activities.
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1 Nothing herein is intended to prohibit the availability of

2 school buildings for the use of any community or partisan

3 political group during non-school hours.

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

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

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

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

8 not available for inspection by the House and Senate Com9 mittees on Appropriations, the Subcommittee on the Dis10 trict of Columbia of the House Committee on Government

11 Reform and Oversight, the Subcommittee on Oversight of

12 Government Management and the District of Columbia of

13 the Senate Committee on Governmental Affairs, and the

14 Council of the District of Columbia, or their duly author15 ized representative.

16 SEC. 111. There are appropriated from the applicable

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

18 necessary for making payments authorized by the District

19 of Columbia Revenue Recovery Act of 1977, effective Sep20 tember 23, 1977 (D.C. Law 2–20; D.C. Code, sec. 47–

21 421 et seq.).

22 SEC. 112. No part of this appropriation shall be used

23 for publicity or propaganda purposes or implementation

24 of any policy including boycott designed to support or de-
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1 feat legislation pending before Congress or any State legis2 lature.

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

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

5 for capital outlay borrowings: Provided, That within a rea6 sonable time after the close of each quarter, the Mayor

7 shall report to the Council of the District of Columbia and

8 the Congress the actual borrowings and spending progress

9 compared with projections.

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

11 capital projects unless the Mayor has obtained prior ap12 proval from the Council of the District of Columbia, by

13 resolution, identifying the projects and amounts to be fi14 nanced with such borrowings.

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

16 borrowed for capital projects for the operating expenses

17 of the District of Columbia government.

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

19 may be obligated or expended by reprogramming except

20 pursuant to advance approval of the reprogramming

21 granted according to the procedure set forth in the Joint

22 Explanatory Statement of the Committee of Conference

23 (House Report No. 96–443), which accompanied the Dis24 trict of Columbia Appropriation Act, 1980, approved Octo25 ber 30, 1979 (93 Stat. 713; Public Law 96–93), as modi-
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1 fied in House Report No. 98–265, and in accordance with

2 the Reprogramming Policy Act of 1980, effective Septem3 ber 16, 1980 (D.C. Law 3–100; D.C. Code, sec. 47–361

4 et seq.): Provided, That for the fiscal year ending Septem5 ber 30, 1997 the above shall apply except as modified by

6 Public Law 104–8.

7 SEC. 117. None of the Federal funds provided in this

8 Act shall be obligated or expended to provide a personal

9 cook, chauffeur, or other personal servants to any officer

10 or employee of the District of Columbia.

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

12 Act shall be obligated or expended to procure passenger

13 automobiles as defined in the Automobile Fuel Efficiency

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

15 Public Law 96–425; 15 U.S.C. 2001(2)), with an Environ16 mental Protection Agency estimated miles per gallon aver17 age of less than 22 miles per gallon: Provided, That this

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

19 armored vehicles.

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

21 District of Columbia Self-Government and Governmental

22 Reorganization Act of 1973, approved December 24, 1973

23 (87 Stat. 790; Public Law 93–198; D.C. Code, sec. 1–

24 242(7)), the City Administrator shall be paid, during any

25 fiscal year, a salary at a rate established by the Mayor,
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1 not to exceed the rate established for level IV of the Exec2 utive Schedule under 5 U.S.C. 5315.

3 (b) For purposes of applying any provision of law lim4 iting the availability of funds for payment of salary or pay

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

6 the Mayor under subsection (a) of this section for any po7 sition for any period during the last quarter of calendar

8 year 1996 shall be deemed to be the rate of pay payable

9 for that position for September 30, 1996.

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

11 Columbia Redevelopment Act of 1945, approved August

12 2, 1946 (60 Stat. 793; Public Law 79–592; D.C. Code,

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

14 Columbia Redevelopment Land Agency shall be paid, dur15 ing any fiscal year, per diem compensation at a rate estab16 lished by the Mayor.

17 SEC. 120. Notwithstanding any other provisions of

18 law, the provisions of the District of Columbia Govern19 ment Comprehensive Merit Personnel Act of 1978, effec20 tive March 3, 1979 (D.C. Law 2–139; D.C. Code, sec. 1–

21 601.1 et seq.), enacted pursuant to section 422(3) of the

22 District of Columbia Self-Government and Governmental

23 Reorganization Act of 1973, approved December 24, 1973

24 (87 Stat. 790; Public Law 93–198; D.C. Code, sec. 1–

25 242(3)), shall apply with respect to the compensation of
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1 District of Columbia employees: Provided, That for pay

2 purposes, employees of the District of Columbia govern3 ment shall not be subject to the provisions of title 5, Unit4 ed States Code.

5 SEC. 121. The Director of the Department of Admin6 istrative Services may pay rentals and repair, alter, and

7 improve rented premises, without regard to the provisions

8 of section 322 of the Economy Act of 1932 (Public Law

9 72–212; 40 U.S.C. 278a), based upon a determination by

10 the Director, that by reason of circumstances set forth in

11 such determination, the payment of these rents and the

12 execution of this work, without reference to the limitations

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

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

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

16 first quarter of the fiscal year ending September 30, 1997,

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

18 Council of the District of Columbia the new fiscal year

19 1997 revenue estimates as of the end of the first quarter

20 of fiscal year 1997. These estimates shall be used in the

21 budget request for the fiscal year ending September 30,

22 1998. The officially revised estimates at midyear shall be

23 used for the midyear report.

24 SEC. 123. No sole source contract with the District

25 of Columbia government or any agency thereof may be re-
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1 newed or extended without opening that contract to the

2 competitive bidding process as set forth in section 303 of

3 the District of Columbia Procurement Practices Act of

4 1985, effective February 21, 1986 (D.C. Law 6–85; D.C.

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

6 Public Schools may renew or extend sole source contracts

7 for which competition is not feasible or practical, provided

8 that the determination as to whether to invoke the com9 petitive bidding process has been made in accordance with

10 duly promulgated Board of Education rules and proce11 dures.

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

13 Emergency Deficit Control Act of 1985, approved Decem14 ber 12, 1985 (99 Stat. 1037; Public Law 99–177), as

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

16 be synonymous with and refer specifically to each account

17 appropriating Federal funds in this Act, and any seques18 tration order shall be applied to each of the accounts rath19 er than to the aggregate total of those accounts: Provided,

20 That sequestration orders shall not be applied to any ac21 count that is specifically exempted from sequestration by

22 the Balanced Budget and Emergency Deficit Control Act

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

24 Public Law 99–177), as amended.
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1 SEC. 125. In the event a sequestration order is issued

2 pursuant to the Balanced Budget and Emergency Deficit

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

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

5 amounts appropriated to the District of Columbia for the

6 fiscal year involved have been paid to the District of Co7 lumbia, the Mayor of the District of Columbia shall pay

8 to the Secretary of the Treasury, within 15 days after re9 ceipt of a request therefor from the Secretary of the

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

11 Provided, That the sequestration percentage specified in

12 the order shall be applied proportionately to each of the

13 Federal appropriation accounts in this Act that are not

14 specifically exempted from sequestration by the Balanced

15 Budget and Emergency Deficit Control Act of 1985, ap16 proved December 12, 1985 (99 Stat. 1037; Public Law

17 99–177), as amended.

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

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

20 programs or functions for which a reorganization plan is

21 required but has not been approved by the Council pursu22 ant to section 422(12) of the District of Columbia Self23 Government and Governmental Reorganization Act of

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

25 Law 93–198; D.C. Code, sec. 1–242(12)) and the Govern-
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1 mental Reorganization Procedures Act of 1981, effective

2 October 17, 1981 (D.C. Law 4–42; D.C. Code, secs. 1–

3 299.1 to 1–299.7). Appropriations made by this Act for

4 such programs or functions are conditioned on the ap5 proval by the Council, prior to October 1, 1996, of the

6 required reorganization plans.

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

8 government may accept and use a gift or donation during

9 fiscal year 1997 if—

10 (1) the Mayor approves the acceptance and use

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

12 of the District of Columbia may accept and use gifts

13 without prior approval by the Mayor; and

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

15 out its authorized functions or duties.

16 (b) Each entity of the District of Columbia govern17 ment shall keep accurate and detailed records of the ac18 ceptance and use of any gift or donation under subsection

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

20 for audit and public inspection.

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

22 of the District of Columbia government’’ includes an inde23 pendent agency of the District of Columbia.

24 (d) This section shall not apply to the District of Co25 lumbia Board of Education, which may, pursuant to the
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1 laws and regulations of the District of Columbia, accept

2 and use gifts to the public schools without prior approval

3 by the Mayor.

4 SEC. 128. None of the Federal funds provided in this

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

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

7 offices of United States Senator or United States Rep8 resentative under section 4(d) of the District of Columbia

9 Statehood Constitutional Convention Initiatives of 1979,

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

11 sec. 1–113(d)).

12 PROHIBITION AGAINST USE OF FUNDS FOR ABORTIONS

13 SEC. 129. None of the funds appropriated under this

14 Act shall be expended for any abortion except where the

15 life of the mother would be endangered if the fetus were

16 carried to term or where the pregnancy is the result of

17 an act of rape or incest.

18 PROHIBITION ON DOMESTIC PARTNERS ACT

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

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

21 any system of registration of unmarried, cohabiting cou22 ples whether they are homosexual, lesbian, or hetero23 sexual, including but not limited to registration for the

24 purpose of extending employment, health, or governmental

25 benefits to such couples on the same basis that such bene-
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1 fits are extended to legally married couples; nor shall any

2 funds made available pursuant to any provision of this Act

3 otherwise be used to implement or enforce D.C. Act 9–

4 188, signed by the Mayor of the District of Columbia on

5 April 15, 1992.

6 COMPENSATION OF MEMBERS OF JUDICIAL NOMINATION

7 COMMISSION

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

9 in the enactment of the District of Columbia Appropria10 tions Act, 1996, section 434(b)(5) of the District of Co11 lumbia Self-Government and Governmental Reorganiza12 tion Act is amended to read as follows:

13 ‘‘(5) Members of the Commission shall serve without

14 compensation for services rendered in connection with

15 their official duties on the Commission.’’.

16 (b) CONFORMING AMENDMENT.—Section 133(b) of

17 the District of Columbia Appropriations Act, 1996 is here18 by repealed, and the provision of law amended by such

19 section is hereby restored as if such section had not been

20 enacted into law.

21 MONTHLY REPORTING REQUIREMENTS—BOARD OF

22 EDUCATION

23 SEC. 132. The Board of Education shall submit to

24 the Congress, the Mayor, and the Council of the District

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

26 the end of each month a report that sets forth—
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1 (1) current month expenditures and obligations,

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

3 fiscal year expenditure projections vs. budget broken

4 out on the basis of control center, responsibility cen5 ter, agency reporting code, and object class, and for

6 all funds, including capital financing;

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

8 the most current pay period broken out on the basis

9 of control center, responsibility center, and agency

10 reporting code within each responsibility center, for

11 all funds, including capital funds;

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

13 frozen and the amount of funds frozen, broken out

14 by control center, responsibility center, detailed ob15 ject, and agency reporting code, and for all funding

16 sources;

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

18 $10,000 annually, which contains the name of each

19 contractor; the budget to which the contract is

20 charged broken out on the basis of control center,

21 responsibility center, and agency reporting code; and

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

23 Schools; payments made in the last month and year24 to-date, the total amount of the contract and total

25 payments made for the contract and any modifica-
35

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1 tions, extensions, renewals; and specific modifica2 tions made to each contract in the last month;

3 (5) all reprogramming requests and reports

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

5 the Board of Education; and

6 (6) changes made in the last month to the orga7 nizational structure of the D.C. Public Schools, dis8 playing previous and current control centers and re9 sponsibility centers, the names of the organizational

10 entities that have been changed, the name of the

11 staff member supervising each entity affected, and

12 the reasons for the structural change.

13 MONTHLY REPORTING REQUIREMENTS

14 UNIVERSITY OF THE DISTRICT OF COLUMBIA

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

16 shall submit to the Congress, the Mayor, and the Council

17 of the District of Columbia no later than fifteen (15) cal18 endar days after the end of each month a report that sets

19 forth—

20 (1) current month expenditures and obligations,

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

22 fiscal year expenditure projections vs. budget broken

23 out on the basis of control center, responsibility cen24 ter, and object class, and for all funds, non-appro25 priated funds, and capital financing;
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1 (2) a breakdown of FTE positions and all em2 ployees for the most current pay period broken out

3 on the basis of control center and responsibility cen4 ter, for all funds, including capital funds;

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

6 frozen and the amount of funds frozen, broken out

7 by control center, responsibility center, detailed ob8 ject, and for all funding sources;

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

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

11 contractor; the budget to which the contract is

12 charged broken out on the basis of control center

13 and responsibility center, and contract identifying

14 codes used by the University of the District of Co15 lumbia; payments made in the last month and year16 to-date, the total amount of the contract and total

17 payments made for the contract and any modifica18 tions, extensions, renewals; and specific modifica19 tions made to each contract in the last month;

20 (5) all reprogramming requests and reports

21 that have been made by the University of the Dis22 trict of Columbia within the last month in compli23 ance with applicable law; and

24 (6) changes made in the last month to the orga25 nizational structure of the University of the District
37

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1 of Columbia, displaying previous and current control

2 centers and responsibility centers, the names of the

3 organizational entities that have been changed, the

4 name of the staff member supervising each entity af5 fected, and the reasons for the structural change.

6 ANNUAL REPORTING REQUIREMENTS

7 SEC. 134. (a) The Board of Education of the District

8 of Columbia and the University of the District of Colum9 bia shall annually compile an accurate and verifiable re10 port on the positions and employees in the public school

11 system and the university, respectively. The annual report

12 shall set forth—

13 (1) the number of validated schedule A posi14 tions in the District of Columbia Public Schools and

15 the University of the District of Columbia for fiscal

16 year 1996, fiscal year 1997, and thereafter on a full17 time equivalent basis, including a compilation of all

18 positions by control center, responsibility center,

19 funding source, position type, position title, pay

20 plan, grade, and annual salary; and

21 (2) a compilation of all employees in the Dis22 trict of Columbia Public Schools and the University

23 of the District of Columbia as of the preceding De24 cember 31, verified as to its accuracy in accordance

25 with the functions that each employee actually per26 forms, by control center, responsibility center, agen-
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1 cy reporting code, program (including funding

2 source), activity, location for accounting purposes,

3 job title, grade and classification, annual salary, and

4 position control number.

5 (b) SUBMISSION.—The annual report required

6 by subsection (a) of this section shall be submitted

7 to the Congress, the Mayor, the District of Columbia

8 Council, the Consensus Commission, and the Au9 thority, not later than February 15 of each year.

10 ANNUAL BUDGETS AND BUDGET REVISIONS

11 SEC. 135. (a) No later than October 1, 1996, or with12 in 15 calendar days after the date of the enactment of

13 the District of Columbia Appropriations Act, 1997, which14 ever occurs later, and each succeeding year, the Board of

15 Education and the University of the District of Columbia

16 shall submit to the appropriate congressional committees,

17 the Mayor, the District of Columbia Council, the Consen18 sus Commission, and the District of Columbia Financial

19 Responsibility and Management Assistance Authority, a

20 revised appropriated funds operating budget for the public

21 school system and the University of the District of Colum22 bia for such fiscal year that is in the total amount of the

23 approved appropriation and that realigns budgeted data

24 for personal services and other-than-personal services, re25 spectively, with anticipated actual expenditures.
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1 (b) The revised budget required by subsection (a) of

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

3 that the Board of Education and the University of the

4 District of Columbia submit to the Mayor of the District

5 of Columbia for inclusion in the Mayor’s budget submis6 sion to the Council of the District of Columbia pursuant

7 to section 442 of the District of Columbia Self-Govern8 ment and Governmental Reorganization Act, Public Law

9 93–198, as amended (D.C. Code, sec. 47–301).

10 EDUCATIONAL BUDGET APPROVAL

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

12 Trustees of the University of the District of Columbia, the

13 Board of Library Trustees, and the Board of Governors

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

15 respective annual or revised budgets before submission to

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

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

18 of Columbia in accordance with section 442 of the District

19 of Columbia Self-Government and Governmental Reorga20 nization Act, Public Law 93–198, as amended (D.C. Code,

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

22 directly to the Council.

23 PUBLIC SCHOOL EMPLOYEE EVALUATIONS

24 SEC. 137. Notwithstanding any other provision of

25 law, rule, or regulation, the evaluation process and instru26 ments for evaluating District of Columbia Public Schools
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1 employees shall be a non-negotiable item for collective bar2 gaining purposes.

3 MODIFICATIONS OF BOARD OF EDUCATION REDUCTION4 IN-FORCE PROCEDURES

5 SEC. 138. The District of Columbia Government

6 Comprehensive Merit Personnel Act of 1978, D.C. Code,

7 sec. 1–601.1 et seq.), is amended—

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

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

10 following new paragraph:

11 ‘‘(13A) The term ‘nonschool-based personnel’

12 means any employee of the District of Columbia

13 public schools who is not based at a local school or

14 who does not provide direct services to individual

15 students.’’; and

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

17 following new paragraph:

18 ‘‘(15A) The term ‘school administrators’ means

19 principals, assistant principals, school program di20 rectors, coordinators, instructional supervisors, and

21 support personnel of the District of Columbia public

22 schools.’’;

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

24 609.1(b)(2)(L))—

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

26 and inserting ‘‘(L)(i) reduction-in-force’’; and
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1 (B) by inserting after subparagraph (L)(i),

2 the following new clause:

3 ‘‘(ii) notwithstanding any other provi4 sion of law, the Board of Education shall

5 not issue rules that require or permit non6 school-based personnel or school adminis7 trators to be assigned or reassigned to the

8 same competitive level as classroom teach9 ers;’’; and

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

11 by adding at the end the following new subsection:

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

13 Board of Education shall not require or permit nonschool14 based personnel or school administrators to be assigned

15 or reassigned to the same competitive level as classroom

16 teachers.’’.

17 SEC. 139. (a) Notwithstanding any other provision

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

19 Columbia Public Schools shall be—

20 (1) classified as an Educational Service em21 ployee;

22 (2) placed under the personnel authority of the

23 Board of Education; and

24 (3) subject to all Board of Education rules.
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1 (b) School-based personnel shall constitute a separate

2 competitive area from nonschool-based personnel who shall

3 not compete with school-based personnel for retention pur4 poses.

5 MODIFICATION OF REDUCTION-IN-FORCE PROCEDURES

6 SEC. 140. (a) Section 2401 of the District of Colum7 bia Government Comprehensive Merit Personnel Act of

8 1978 (D.C. Code, sec. 1–625.1 et seq.) is amended by

9 amending the third sentence to read as follows: ‘‘A person10 nel authority may establish lesser competitive areas within

11 an agency on the basis of all or a clearly identifiable seg12 ment of an agency’s mission or a division or major subdivi13 sion of an agency.’’.

14 (b) The District of Columbia Government Com15 prehensive Merit Personnel Act of 1978 (D.C. Code, sec.

16 1–601.1 et seq.), as amended by section 149 of the Dis17 trict of Columbia Appropriations Act, 1996 (Public Law

18 104–134), is amended by adding at the end the following

19 new section:

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

21 1997.

22 ‘‘(a) Notwithstanding any other provision of law, reg23 ulation, or collective bargaining agreement either in effect

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

25 the fiscal year ending September 30, 1997, each agency
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1 head is authorized, within the agency head’s discretion,

2 to identify positions for abolishment.

3 ‘‘(b) Prior to February 1, 1997, each personnel au4 thority shall make a final determination that a position

5 within the personnel authority is to be abolished.

6 ‘‘(c) Notwithstanding any rights or procedures estab7 lished by any other provision of this title, any District gov8 ernment employee, regardless of date of hire, who encum9 bers a position identified for abolishment shall be sepa10 rated without competition or assignment rights, except as

11 provided in this section.

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

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

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

15 to one round of lateral competition pursuant to Chapter

16 24 of the District of Columbia Personnel Manual, which

17 shall be limited to positions in the employee’s competitive

18 level.

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

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

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

22 For purposes of this subsection only, a nonresident Dis23 trict employee who was hired by the District government

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

25 service since that date, or a former employee of the United
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1 States Department of Health and Human Services at

2 Saint Elizabeths Hospital who accepted employment with

3 the District government on October 1, 1987, and has not

4 had a break in service since that date, shall be considered

5 a District resident.

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

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

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

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

10 smaller than an agency, nor the determination that a spe11 cific position is to be abolished, nor separation pursuant

12 to this section shall be subject to review except as fol13 lows—

14 ‘‘(1) an employee may file a complaint contest15 ing a determination or a separation pursuant to title

16 XV of this Act or section 303 of the Human Rights

17 Act of 1977, effective December 13, 1977 (D.C.

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

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

20 Employee Appeals an appeal contesting that the sep21 aration procedures of subsections (d) and (f) of this

22 section were not properly applied.

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

24 shall be entitled to severance pay in accordance with title

25 XI of this Act, except that the following shall be included
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1 in computing creditable service for severance pay for em2 ployees separated pursuant to this section—

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

4 for veterans preference under this Act, and

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

6 for residency preference under this Act.

7 ‘‘(i) Separation pursuant to this section shall not af8 fect an employee’s rights under either the Agency Reem9 ployment Priority Program or the Displaced Employee

10 Program established pursuant to Chapter 24 of the Dis11 trict Personnel Manual.

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

13 of all positions to be abolished by agency and responsibility

14 center by March 1, 1997, or upon the delivery of termi15 nation notices to individual employees.

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

17 or section 2402(d), the provisions of this Act shall not be

18 deemed negotiable.

19 ‘‘(l) A personnel authority shall cause a 30-day termi20 nation notice to be served, no later than September 1,

21 1997, on any incumbent employee remaining in any posi22 tion identified to be abolished pursuant to subsection (b)

23 of this section’’.

24 CEILING ON EXPENSES AND DEFICIT

25 SEC. 141. (a) CEILING ON TOTAL OPERATING EX26 PENSES AND DEFICIT.—
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1 (1) IN GENERAL.—Notwithstanding any other

2 provision of law, the total amount appropriated in

3 this Act for operating expenses for the District of

4 Columbia for fiscal year 1997 under the caption

5 ‘‘DIVISION OF EXPENSES’’ shall not exceed the less6 er of—

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

8 District of Columbia for such fiscal year and

9 $40,000,000; or

10 (B) $5,108,913,000 (of which

11 $134,528,000 shall be from intra-District

12 funds).

13 (2) ENFORCEMENT.—The Chief Financial Offi14 cer of the District of Columbia and the District of

15 Columbia Financial Responsibility and Management

16 Assistance Authority shall take such steps as are

17 necessary to assure that the District of Columbia

18 meets the requirements of this section, including the

19 apportioning by the Chief Financial Officer of the

20 appropriations and funds made available to the Dis21 trict during fiscal year 1997.

22 (b) ACCEPTANCE AND USE OF GRANTS NOT IN23 CLUDED IN CEILING.—

24 (1) IN GENERAL.—Notwithstanding subsection

25 (a), the Mayor of the District of Columbia may ac-
47

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1 cept, obligate, and expend Federal, private, and

2 other grants received by the District government

3 that are not reflected in the amounts appropriated

4 in this Act.

5 (2) REQUIREMENT OF CHIEF FINANCIAL OFFI6 CER REPORT AND FINANCIAL RESPONSIBILITY AND

7 MANAGEMENT ASSISTANCE AUTHORITY APPROVAL.—

8 No such Federal, private, or other grant may be ac9 cepted, obligated, or expended pursuant to para10 graph (1) until—

11 (A) the Chief Financial Officer of the Dis12 trict submits to the District of Columbia Finan13 cial Responsibility and Management Assistance

14 Authority established by Public Law 104–8

15 (109 Stat. 97) a report setting forth detailed

16 information regarding such grant; and

17 (B) the District of Columbia Financial Re18 sponsibility and Management Assistance Au19 thority has reviewed and approved the accept20 ance, obligation, and expenditure of such grant

21 in accordance with review and approval proce22 dures consistent with the provisions of Public

23 Law 104–8, the District of Columbia Financial

24 Responsibility and Management Assistance Act

25 of 1995.
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1 (3) PROHIBITION ON SPENDING IN ANTICIPA2 TION OF APPROVAL OR RECEIPT.—No amount may

3 be obligated or expended from the general fund or

4 other funds of the District government in anticipa5 tion of the approval or receipt of a grant under

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

7 or receipt of a Federal, private, or other grant not

8 subject to such paragraph.

9 (4) MONTHLY REPORTS.—The Chief Financial

10 Officer of the District shall prepare a monthly re11 port setting forth detailed information regarding all

12 Federal, private, and other grants subject to this

13 subsection. Each such report shall be submitted to

14 the Council of the District of Columbia, and to the

15 Committees on Appropriations of the House of Rep16 resentatives and the Senate, not later than 15 days

17 after the end of the month covered by the report.

18 CHIEF FINANCIAL OFFICER POWERS DURING CONTROL

19 PERIODS

20 SEC. 142. Notwithstanding any other provision of

21 law, during any control period in effect under subtitle A

22 of title II of the District of Columbia Financial Respon23 sibility and Management Assistance Act of 1995 the fol24 lowing shall apply:

25 (a) the heads and all personnel of the following

26 offices, together with all other District of Columbia
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1 executive branch accounting, budget, and financial

2 management personnel, shall be appointed by, shall

3 serve at the pleasure of, and shall act under the di4 rection and control of the Chief Financial Officer:

5 The Office of the Treasurer.

6 The Controller of the District of Columbia.

7 The Office of the Budget.

8 The Office of Financial Information Serv9 ices.

10 The Department of Finance and Revenue.

11 The District of Columbia Financial Responsibility

12 and Management Assistance Authority established

13 pursuant to Public Law 104–8, approved April 17,

14 1995, may remove such individuals from office for

15 cause, after consultation with the Mayor and the

16 Chief Financial Officer.

17 (b) The Chief Financial Officer shall prepare

18 and submit to the Mayor, for inclusion in the annual

19 budget of the District of Columbia under part D of

20 title IV of the District of Columbia Self-Government

21 and Governmental Reorganization Act of 1973, ap22 proved December 24, 1973 (87 Stat. 774; Public

23 Law 93–198), as amended, for each fiscal year oc24 curring during a control period in effect under sub25 title A of title II of the District of Columbia Finan-
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1 cial Responsibility and Management Assistance Act

2 of 1995, annual estimates of the expenditures and

3 appropriations necessary for the operation of the Of4 fice of the Chief Financial Officer for the year. All

5 such estimates shall be forwarded by the Mayor to

6 the Council of the District of Columbia for its action

7 pursuant to sections 446 and 603(c) of the District

8 of Columbia Self-Government and Governmental Re9 organization Act, Public Law 93–198, approved De10 cember 24, 1973, without revision but subject to rec11 ommendations. Notwithstanding any other provi12 sions of the District of Columbia Self-Government

13 and Governmental Reorganization Act, Public Law

14 93–198, approved December 24, 1973, the Council

15 may comment or make recommendations concerning

16 such estimates, but shall have no authority to revise

17 such estimates.

18 POLICE AND FIRE FIGHTER DISABILITY RETIREMENTS

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

20 Fire and Emergency Medical Services members with less

21 than 20 years of departmental service who were hired be22 fore February 14, 1980, and who retire on disability be23 fore the end of calendar year 1997 shall be excluded from

24 the computation of the rate of disability retirements under

25 subsection 145(a) of the District of Columbia Retirement

26 Reform Act of 1979 (93 Stat. 882; D.C. Code, sec. 1–
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1 725(a)), for purposes of reducing the authorized Federal

2 payment to the District of Columbia Police Officers and

3 Fire Fighters’ Retirement Fund pursuant to subsection

4 145(c) of the District of Columbia Retirement Reform Act

5 of 1979.

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

7 of this provision, shall engage an enrolled actuary, to be

8 paid by the District of Columbia Retirement Board, and

9 shall comply with the requirements of section 142(d) and

10 section 144(d) of the District of Columbia Retirement Re11 form Act of 1979 (Public Law 96–122, approved Novem12 ber 17, 1979; D.C. Code, secs. 1–722(d) and 1–724(d).

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

14 after the Mayor transmits the actuarial report required

15 by section 142(d) of the District of Columbia Retirement

16 Reform Act of 1979 (Public Law 96–122, approved No17 vember 17, 1979) to the District of Columbia Retirement

18 Board, the Speaker of the House of Representatives, and

19 the President pro tempore of the Senate.

20 SEC. 144. (a) Section 451(c)(3) of the District of Co21 lumbia Self-Government and Governmental Reorganiza22 tion Act, approved December 24, 1973 (87 Stat. 803; D.C.

23 Code, sec. 1–1130(c)(3)), is amended by striking the word

24 ‘‘section’’ and inserting the word ‘‘subsection’’ in its place.
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1 DISTRICT OF COLUMBIA SCHOOL REFORM

2 SEC. 145. Section 2204(c)(2) of the District of Co3 lumbia School Reform Act of 1995 (Public Law 104–134)

4 is amended to read as follows:

5 ‘‘(2) TUITION, FEES, AND PAYMENTS.—

6 ‘‘(A) PROHIBITION.—A public charter

7 school may not, with respect to any student

8 other than a nonresident student, charge tui9 tion, impose fees, or otherwise require payment

10 for participation in any program, educational

11 offering, or activity that—

12 ‘‘(i) enrolls students in any grade

13 from kindergarten through grade 12; or

14 ‘‘(ii) is funded in whole or part

15 through an annual local appropriation.

16 ‘‘(B) EXCEPTION.—A public charter school

17 may impose fees or otherwise require payment,

18 at rates established by the Board of Trustees of

19 the school, for any program, educational offer20 ing, or activity not described in clause (i) or (ii)

21 of subparagraph (A), including adult education

22 programs, or for field trips or similar activi23 ties.’’.

24 SEC. 146. (a) COMPLIANCE WITH BUY AMERICAN

25 ACT.—None of the funds made available in this Act may
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1 be expended by an entity unless the entity agrees that in

2 expending the funds the entity will comply with the Buy

3 American Act (41 U.S.C. 10a–10c).

4 (b) SENSE OF CONGRESS; REQUIREMENT REGARD5 ING NOTICE.—

6 (1) PURCHASE OF AMERICAN-MADE EQUIPMENT

7 AND PRODUCTS.—In the case of any equipment or

8 product that may be authorized to be purchased

9 with financial assistance provided using funds made

10 available in this Act, it is the sense of the Congress

11 that entities receiving the assistance should, in ex12 pending the assistance, purchase only American13 made equipment and products to the greatest extent

14 practicable.

15 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—

16 In providing financial assistance using funds made

17 available in this Act, the head of each agency of the

18 Federal or District of Columbia government shall

19 provide to each recipient of the assistance a notice

20 describing the statement made in paragraph (1) by

21 the Congress.

22 (c) PROHIBITION OF CONTRACTS WITH PERSONS

23 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

24 If it has been finally determined by a court or Federal

25 agency that any person intentionally affixed a label bear-
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1 ing a ‘‘Made in America’’ inscription, or any inscription

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

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

4 States, the person shall be ineligible to receive any con5 tract or subcontract made with funds made available in

6 this Act, pursuant to the debarment, suspension, and ineli7 gibility procedures described in sections 9.400 through

8 9.409 of title 48, Code of Federal Regulations.

9 This Act may be cited as the District of Columbia

10 Appropriations Act, 1997.

Passed the House of Representatives July 22, 1996.

Attest: ROBIN H. CARLE,

Clerk.