Calendar No. 509

104TH CONGRESS

2D SESSION H. R. 3845

[Report No. 104–328]

AN ACT

Making appropriations for government of the Dis1997, and for other purposes. District for the fiscal year ending September 30, in whole or in part against the revenues of said trict of Columbia and other activities chargeable

JULY 23, 1996

Reported with amendments
II

Calendar No. 509

104TH CONGRESS

2D SESSION H. R. 3845

[Report No. 104–328]

IN THE SENATE OF THE UNITED STATES

JULY 23, 1996

Received; read twice and referred to the Committee on Appropriations

JULY 23, 1996

Reported by Mr. JEFFORDS, with amendments

[Omit the part struck through and insert the part printed in italic]

AN ACT

Making appropriations for 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.

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:
2

•HR 3845 RS

1 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

2 For payment to the District of Columbia for the fiscal

3 year ending September 30, 1997, $660,000,000, as au4 thorized by section 502(a) of the District of Columbia

5 Self-Government and Governmental Reorganization Act,

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

7 3406.1).

8 FEDERAL CONTRIBUTION TO RETIREMENT FUNDS

9 For the Federal contribution to the Police Officers

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

11 Funds, as authorized by the District of Columbia Retire12 ment Reform Act, approved November 17, 1979 (93 Stat.

13 866; Public Law 96–122), $52,070,000.

14 PRESIDENTIAL INAUGURATION

15 For payment to the District of Columbia in lieu of

16 reimbursement for expenses incurred in connection with

17 Presidential inauguration activities, $5,702,000, as au18 thorized by section 737(b) of the District of Columbia

19 Self-Government and Governmental Reorganization Act,

20 Public Law 93–198, as amended (D.C. Code, sec. 1–

21 1803), which shall be apportioned by the Chief Financial

22 Officer within the various appropriation headings in this

23 Act.
3

•HR 3845 RS

1 DIVISION OF EXPENSES

2 The following amounts are appropriated for the Dis3 trict of Columbia for the current fiscal year out of the

4 general fund of the District of Columbia, except as other5 wise specifically provided.

6 GOVERNMENTAL DIRECTION AND SUPPORT

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

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

9 $98,691,000 and 1,371 full-time equivalent positions from

10 local funds, $12,192,000 and 8 full-time equivalent posi11 tions from Federal funds, and $4,780,000 and 61 full-time

12 equivalent positions from other funds): Provided, That

13 funds expended for the Executive Office of the Mayor are

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

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

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

17 for the City Administrator shall be available from this ap18 propriation for official purposes: Provided further, That

19 any program fees collected from the issuance of debt shall

20 be available for the payment of expenses of the debt man21 agement program of the District of Columbia: Provided

22 further, That no revenues from Federal sources shall be

23 used to support the operations or activities of the State24 hood Commission and Statehood Compact Commission:

25 Provided further, That the District of Columbia shall iden-
4

•HR 3845 RS

1 tify the sources of funding for Admission to Statehood

2 from its own locally-generated revenues.

3 ECONOMIC DEVELOPMENT AND REGULATION

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

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

6 $67,196,000 and 720 full-time equivalent positions from

7 local funds, $45,708,000 and 524 full-time equivalent po8 sitions from Federal funds, and $22,800,000 and 257 full9 time equivalent positions from other funds): Provided,

10 That the District of Columbia Housing Finance Agency,

11 established by section 201 of the District of Columbia

12 Housing Finance Agency Act, effective March 3, 1979

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

14 its capability of repayments as determined each year by

15 the Council of the District of Columbia from the Housing

16 Finance Agency’s annual audited financial statements to

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

18 general fund an amount equal to the appropriated admin19 istrative costs plus interest at a rate of four percent per

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

21 for the first three years:–Provided further, That notwith22 standing the foregoing provision, the obligation to repay

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

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

25 Housing Finance Agency and shall be repaid to the Dis-
5

•HR 3845 RS

1 trict of Columbia government only from available operat2 ing revenues of the Housing Finance Agency that are in

3 excess of the amounts required for debt service, reserve

4 funds, and operating expenses: Provided further, That

5 upon commencement of the debt service payments, such

6 payments shall be deposited into the general fund of the

7 District of Columbia.

8 PUBLIC SAFETY AND JUSTICE

9 (INCLUDING TRANSFER OF FUNDS)

10 Public safety and justice, including purchase of 135

11 passenger-carrying vehicles for replacement only, includ12 ing 130 for police-type use and five for fire-type use, with13 out regard to the general purchase price limitation for the

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

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

16 11,726 full-time equivalent positions from local funds,

17 $19,310,000 and 112 full-time equivalent positions from

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

19 positions from other funds): Provided, That the Metropoli20 tan Police Department is authorized to replace not to ex21 ceed 25 passenger-carrying vehicles and the Fire Depart22 ment of the District of Columbia is authorized to replace

23 not to exceed five passenger-carrying vehicles annually

24 whenever the cost of repair to any damaged vehicle ex25 ceeds three-fourths of the cost of the replacement: Pro-
6

•HR 3845 RS

1 vided further, That not to exceed $500,000 shall be avail2 able from this appropriation for the Chief of Police for

3 the prevention and detection of crime: Provided further,

4 That the Metropolitan Police Department shall provide

5 quarterly reports to the Committees on Appropriations of

6 the House and Senate on efforts to increase efficiency and

7 improve the professionalism in the department: Provided

8 further, That notwithstanding any other provision of law,

9 or Mayor’s Order 86–45, issued March 18, 1986, the Met10 ropolitan Police Department’s delegated small purchase

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

12 District of Columbia government may not require the Met13 ropolitan Police Department to submit to any other pro14 curement review process, or to obtain the approval of or

15 be restricted in any manner by any official or employee

16 of the District of Columbia government, for purchases

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

18 appropriated for expenses under the District of Columbia

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

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

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

22 shall be available for obligations incurred under the Act

23 in each fiscal year since inception in fiscal year 1975: Pro24 vided further, That funds appropriated for expenses under

25 the District of Columbia Neglect Representation Equity
7

•HR 3845 RS

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

2 D.C. Code, sec. 16–2304), for the fiscal year ending Sep3 tember 30, 1997, shall be available for obligations in4 curred under the Act in each fiscal year since inception

5 in fiscal year 1985: Provided further, That funds appro6 priated for expenses under the District of Columbia

7 Guardianship, Protective Proceedings, and Durable Power

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

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

10 year ending September 30, 1997, shall be available for ob11 ligations incurred under the Act in each fiscal year since

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

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

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

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

16 $1,500 for the Executive Officer of the District of Colum17 bia Courts shall be available from this appropriation for

18 official purposes: Provided further, That the District of

19 Columbia shall operate and maintain a free, 24-hour tele20 phone information service whereby residents of the area

21 surrounding Lorton prison in Fairfax County, Virginia,

22 can promptly obtain information from District of Colum23 bia government officials on all disturbances at the prison,

24 including escapes, riots, and similar incidents: Provided

25 further, That the District of Columbia government shall
8

•HR 3845 RS

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

2 telephone information service among the residents of the

3 area surrounding the Lorton prison: Provided further,

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

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

6 William County, Virginia, for expenses incurred by the

7 counties during the fiscal year ending September 30,

8 1997, in relation to the Lorton prison complex: Provided

9 further, That such reimbursements shall be paid in all in10 stances in which the District requests the counties to pro11 vide police, fire, rescue, and related services to help deal

12 with escapes, fires, riots, and similar disturbances involv13 ing the prison: Provided further, That the Mayor shall re14 imburse the District of Columbia National Guard for ex15 penses incurred in connection with services that are per16 formed in emergencies by the National Guard in a militia

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

18 shall be jointly determined and certified as due and pay19 able for these services by the Mayor and the Commanding

20 General of the District of Columbia National Guard: Pro21 vided further, That such sums as may be necessary for

22 reimbursement to the District of Columbia National

23 Guard under the preceding proviso shall be available from

24 this appropriation, and the availability of the sums shall

25 be deemed as constituting payment in advance for emer-
9

•HR 3845 RS

1 gency services involved: Provided further, That in addition

2 to the $1,041,281,000 appropriated under this heading, an

3 additional $651,000 shall be transferred from the Depart4 ment of Public Works to the District of Columbia Court

5 System for maintenance and repair of elevators/escalators,

6 heating, ventilation, and air conditioning systems, fire

7 alarms and security systems, materials and services for

8 building maintenance and repair, and trash removal.

9 PUBLIC EDUCATION SYSTEM

10 Public education system, including the development

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

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

13 $632,379,000 and 10,045 full-time equivalent positions

14 from local funds, $98,479,000 and 1,009 full-time equiva15 lent positions from Federal funds, and $27,957,000 and

16 222 full-time equivalent positions from other funds), to

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

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

19 full-time equivalent positions from local funds,

20 $85,823,000 and 840 full-time equivalent positions from

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

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

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

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

25 this allocation has not been provided as payments to one
10

•HR 3845 RS

1 or more public charter schools by May 1, 1997, and re2 mains unallocated, the funds will revert to the general

3 fund of the District of Columbia in accordance with sec4 tion 2403(a)(2)(D) of the District of Columbia School Re5 form Act of 1995 (Public Law 104–134); $88,100,000

6 from local funds for the District of Columbia Teachers’

7 Retirement Fund; $69,801,000 and 917 full-time equiva8 lent positions (including $38,479,000 and 572 full-time

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

10 156 full-time equivalent positions from Federal funds, and

11 $19,575,000 and 189 full-time equivalent positions from

12 other funds) for the University of the District of Colum13 bia; $22,429,000 and 415 full-time equivalent positions

14 (including $21,529,000 and 408 full-time equivalent posi15 tions from local funds, $446,000 and 6 full-time equiva16 lent positions from Federal funds, and $454,000 and 1

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

18 Public Library; $2,220,000 and 9 full-time equivalent po19 sitions (including $1,757,000 and 2 full-time equivalent

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

21 equivalent positions from Federal funds) for the Commis22 sion on the Arts and Humanities: Provided, That the pub23 lic schools of the District of Columbia are authorized to

24 accept not to exceed 31 motor vehicles for exclusive use

25 in the driver education program: Provided further, That
11

•HR 3845 RS

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

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

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

4 be available from this appropriation for official purposes:

5 Provided further, That not less than $9,200,000 shall be

6 available from this appropriation for school repairs in a

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

8 $1,200,000 shall be available for local school allotments

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

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

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

12 less than $2,800,000 shall be available to support sub13 stitute teachers in a restricted line item: Provided further,

14 That not less than $1,788,000 shall be available in a re15 stricted line item for school counselors: Provided further,

16 That this appropriation shall not be available to subsidize

17 the education of nonresidents of the District of Columbia

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

19 Board of Trustees of the University of the District of Co20 lumbia adopts, for the fiscal year ending September 30,

21 1997, a tuition rate schedule that will establish the tuition

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

23 nonresident tuition rate charged at comparable public in24 stitutions of higher education in the metropolitan area.
12

•HR 3845 RS

1 HUMAN SUPPORT SERVICES

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

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

4 3,814 full-time equivalent positions from local funds,

5 $676,665,000 and 2,444 full-time equivalent positions

6 from Federal funds, and $47,643,000 and 86 full-time

7 equivalent positions from other funds): Provided, That

8 $24,793,000 of this appropriation, to remain available

9 until expended, shall be available solely for District of Co10 lumbia employees’ disability compensation: Provided fur11 ther, That the District of Columbia shall not provide free

12 government services such as water, sewer, solid waste dis13 posal or collection, utilities, maintenance, repairs, or simi14 lar services to any legally constituted private nonprofit or15 ganization (as defined in section 411(5) of Public Law

16 100–77, approved July 22, 1987) providing emergency

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

18 be qualified to receive reimbursement pursuant to the

19 Stewart B. McKinney Homeless Assistance Act, approved

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

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

22 PUBLIC WORKS

23 Public works, including rental of one passenger-car24 rying vehicle for use by the Mayor and three passenger25 carrying vehicles for use by the Council of the District of
13

•HR 3845 RS

1 Columbia and purchase of passenger-carrying vehicles for

2 replacement only, $247,967,000 and 1,252 full-time equiv3 alent positions (including $234,391,000 and 1,149 full4 time equivalent positions from local funds, $3,047,000 and

5 32 full-time equivalent positions from Federal funds, and

6 $10,529,000 and 71 full-time equivalent positions from

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

8 be available for collecting ashes or miscellaneous refuse

9 from hotels and places of business.

10 WASHINGTON CONVENTION CENTER FUND TRANSFER

11 PAYMENT

12 For payment to the Washington Convention Center

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

14 REPAYMENT OF LOANS AND INTEREST

15 For reimbursement to the United States of funds

16 loaned in compliance with An Act to provide for the estab17 lishment of a modern, adequate, and efficient hospital cen18 ter in the District of Columbia, approved August 7, 1946

19 (60 Stat. 896; Public Law 79–648); section 1 of An Act

20 to authorize the Commissioners of the District of Colum21 bia to borrow funds for capital improvement programs and

22 to amend provisions of law relating to Federal Govern23 ment participation in meeting costs of maintaining the

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

25 183; Public Law 85–451; D.C. Code, sec. 9–219); section
14

•HR 3845 RS

1 4 of An Act to authorize the Commissioners of the District

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

3 sanitary sewer to connect the Dulles International Airport

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

5 1960 (74 Stat. 211; Public Law 86–515); sections 723

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

7 and Governmental Reorganization Act of 1973, approved

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

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

10 1156; Public Law 95–131; D.C. Code, sec. 9–219, note),

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

12 local funds.

13 REPAYMENT OF GENERAL FUND RECOVERY DEBT

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

15 general fund accumulated deficit as of September 30,

16 1990, $38,314,000 from local funds, as authorized by sec17 tion 461(a) of the District of Columbia Self-Government

18 and Governmental Reorganization Act, approved Decem19 ber 24, 1973, as amended (105 Stat. 540; Public Law

20 102–106; D.C. Code, sec. 47–321(a)(1)).

21 PAYMENT OF INTEREST ON SHORT-TERM BORROWING

22 For payment of interest on short-term borrowing,

23 $34,461,000 from local funds.
15

•HR 3845 RS

1 PRESIDENTIAL INAUGURATION

2 For reimbursement for necessary expenses incurred

3 in connection with Presidential inauguration activities as

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

5 Self-Government and Governmental Reorganization Act,

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

7 1973 (87 Stat. 824; D.C. Code, sec. 1–1803), $5,702,000,

8 which shall be apportioned by the Chief Financial Officer

9 within the various appropriation headings in this Act.

10 CERTIFICATES OF PARTICIPATION

11 For lease payments in accordance with the Certifi12 cates of Participation involving the land site underlying

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

14 HUMAN RESOURCES DEVELOPMENT

15 For Human resources development, including costs of

16 increased employee training, administrative reforms, and

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

18 COST REDUCTION INITIATIVES

19 The Chief Financial Officer of the District of Colum20 bia shall, on behalf of the Mayor and under the direction

21 of the District of Columbia Financial Responsibility and

22 Management Assistance Authority, make reductions of

23 $47,411,000 and 2,411 full-time equivalent positions as

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

25 in management information systems, $2,271,000 in en-
16

•HR 3845 RS

1 ergy cost initiatives, $12,960,000 in purchasing and pro2 curement initiatives, and workforce reductions of 2,411

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

4 CAPITAL OUTLAY

5 (INCLUDING RESCISSIONS)

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

7 $75,923,000 (including an increase of $34,000,000 for the

8 highway trust fund, reallocations and rescissions for a net

9 rescission of $120,496,000 from local funds appropriated

10 under this heading in prior fiscal years and an additional

11 $133,419,000 in Federal funds), as authorized by An Act

12 authorizing the laying of water mains and service sewers

13 in the District of Columbia, the levying of assessments

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

15 (33 Stat. 244; Public Law 58–140; D.C. Code, secs. 43–

16 1512 through 43–1519); the District of Columbia Public

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

18 Public Law 83–364); An Act to authorize the Commis19 sioners of the District of Columbia to borrow funds for

20 capital improvement programs and to amend provisions of

21 law relating to Federal Government participation in meet22 ing costs of maintaining the Nation’s Capital City, ap23 proved June 6, 1958 (72 Stat. 183; Public Law 85–451);

24 including acquisition of sites, preparation of plans and

25 specifications, conducting preliminary surveys, erection of
17

•HR 3845 RS

1 structures, including building improvement and alteration

2 and treatment of grounds, to remain available until ex3 pended: Provided, That funds for use of each capital

4 project implementing agency shall be managed and con5 trolled in accordance with all procedures and limitations

6 established under the Financial Management System: Pro7 vided further, That all funds provided by this appropria8 tion title shall be available only for the specific projects

9 and purposes intended: Provided further, That notwith10 standing the foregoing, all authorizations for capital out11 lay projects, except those projects covered by the first sen12 tence of section 23(a) of the Federal-Aid Highway Act of

13 1968, approved August 23, 1968 (82 Stat. 827; Public

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

15 funds are provided by this appropriation title, shall expire

16 on September 30, 1998, except authorizations for projects

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

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

19 expiration of any such project authorization the funds pro20 vided herein for the project shall lapse.

21 WATER AND SEWER ENTERPRISE FUND

22 For the Water and Sewer Enterprise Fund,

23 $221,362,000 from other funds of which $41,833,000

24 shall be apportioned and payable to the debt service fund
18

•HR 3845 RS

1 for repayment of loans and interest incurred for capital

2 improvement projects.

3 LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

4 For the Lottery and Charitable Games Enterprise

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

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

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

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

10 Bingo and Raffles for Charitable Purposes in the District

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

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

13 $247,900,000 and 100 full-time equivalent positions (in14 cluding $7,850,000 and 100 full-time equivalent positions

15 for administrative expenses and $240,050,000 for non-ad16 ministrative expenses from revenue generated by the Lot17 tery Board), to be derived from non-Federal District of

18 Columbia revenues: Provided, That the District of Colum19 bia shall identify the source of funding for this appropria20 tion title from the District’s own locally-generated reve21 nues: Provided further, That no revenues from Federal

22 sources shall be used to support the operations or activi23 ties of the Lottery and Charitable Games Control Board.
19

•HR 3845 RS

1 CABLE TELEVISION ENTERPRISE FUND

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

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

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

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

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

8 other funds).

9 STARPLEX FUND

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

11 for expenses incurred by the Armory Board in the exercise

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

13 of Columbia Armory Board, and for other purposes, ap14 proved June 4, 1948 (62 Stat. 339; D.C. Code, sec. 2–

15 301 et seq.) and the District of Columbia Stadium Act

16 of 1957, approved September 7, 1957 (71 Stat. 619; Pub17 lic Law 85–300; D.C. Code, sec. 2–321 et seq.): Provided,

18 That the Mayor shall submit a budget for the Armory

19 Board for the forthcoming fiscal year as required by sec20 tion 442(b) of the District of Columbia Self-Government

21 and Governmental Reorganization Act, approved Decem22 ber 24, 1973 (87 Stat. 824; Public Law 93–198; D.C.

23 Code, sec. 47–301(b)).
20

•HR 3845 RS

1 D.C. GENERAL HOSPITAL

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

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

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

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

7 other funds.

8 D.C. RETIREMENT BOARD

9 For the D.C. Retirement Board, established by sec10 tion 121 of the District of Columbia Retirement Reform

11 Act of 1989, approved November 17, 1979 (93 Stat. 866;

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

13 equivalent positions from the earnings of the applicable

14 retirement funds to pay legal, management, investment,

15 and other fees and administrative expenses of the District

16 of Columbia Retirement Board: Provided, That the Dis17 trict of Columbia Retirement Board shall provide to the

18 Congress and to the Council of the District of Columbia

19 a quarterly report of the allocations of charges by fund

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

21 the District of Columbia Retirement Board shall provide

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

23 of Columbia, an item accounting of the planned use of ap24 propriated funds in time for each annual budget submis-
21

•HR 3845 RS

1 sion and the actual use of such funds in time for each

2 annual audited financial report.

3 CORRECTIONAL INDUSTRIES FUND

4 For the Correctional Industries Fund, established by

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

7 Public Law 88–622), $3,052,000 and 50 full-time equiva8 lent positions from other funds.

9 WASHINGTON CONVENTION CENTER ENTERPRISE FUND

10 For the Washington Convention Center Enterprise

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

12 by transfer from the general fund.

13 DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY

14 AND MANAGEMENT ASSISTANCE AUTHORITY

15 For the District of Columbia Financial Responsibility

16 and Management Assistance Authority, established by sec17 tion 101(a) of the District of Columbia Financial Respon18 sibility and Management Assistance Act of 1995, approved

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

20 $3,400,000.

21 GENERAL PROVISIONS

22 SEC. 101. The expenditure of any appropriation

23 under this Act for any consulting service through procure24 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

25 to those contracts where such expenditures are a matter
22

•HR 3845 RS

1 of public record and available for public inspection, except

2 where otherwise provided under existing law, or under ex3 isting Executive order issued pursuant to existing law.

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

5 all vouchers covering expenditures of appropriations con6 tained in this Act shall be audited before payment by the

7 designated certifying official and the vouchers as approved

8 shall be paid by checks issued by the designated disbursing

9 official.

10 SEC. 103. Whenever in this Act, an amount is speci11 fied within an appropriation for particular purposes or ob12 jects of expenditure, such amount, unless otherwise speci13 fied, shall be considered as the maximum amount that

14 may be expended for said purpose or object rather than

15 an amount set apart exclusively therefor.

16 SEC. 104. Appropriations in this Act shall be avail17 able, when authorized by the Mayor, for allowances for

18 privately-owned automobiles and motorcycles used for the

19 performance of official duties at rates established by the

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

21 maximum prevailing rates for such vehicles as prescribed

22 in the Federal Property Management Regulations 101–7

23 (Federal Travel Regulations).

24 SEC. 105. Appropriations in this Act shall be avail25 able for expenses of travel and for the payment of dues
23

•HR 3845 RS

1 of organizations concerned with the work of the District

2 of Columbia government, when authorized by the Mayor:

3 Provided, That the Council of the District of Columbia

4 and the District of Columbia Courts may expend such

5 funds without authorization by the Mayor.

6 SEC. 106. There are appropriated from the applicable

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

8 necessary for making refunds and for the payment of

9 judgments that have been entered against the District of

10 Columbia government: Provided, That nothing contained

11 in this section shall be construed as modifying or affecting

12 the provisions of section 11(c)(3) of title XII of the Dis13 trict of Columbia Income and Franchise Tax Act of 1947,

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

15 460; D.C. Code, sec. 47–1812.11(c)(3)).

16 SEC. 107. Appropriations in this Act shall be avail17 able for the payment of public assistance without reference

18 to the requirement of section 544 of the District of Colum19 bia Public Assistance Act of 1982, effective April 6, 1982

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

21 non-Federal share of funds necessary to qualify for Fed22 eral assistance under the Juvenile Delinquency Prevention

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

24 Stat. 462; Public Law 90–445; 42 U.S.C. 3801 et seq.).
24

•HR 3845 RS

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

2 this Act shall remain available for obligation beyond the

3 current fiscal year unless expressly so provided herein.

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

5 District of Columbia government for the operation of edu6 cational institutions, the compensation of personnel, or for

7 other educational purposes may be used to permit, encour8 age, facilitate, or further partisan political activities.

9 Nothing herein is intended to prohibit the availability of

10 school buildings for the use of any community or partisan

11 political group during non-school hours.

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

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

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

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

16 not available for inspection by the House and Senate Com17 mittees on Appropriations, the Subcommittee on the Dis18 trict of Columbia of the House Committee on Government

19 Reform and Oversight, the Subcommittee on Oversight of

20 Government Management and the District of Columbia of

21 the Senate Committee on Governmental Affairs, and the

22 Council of the District of Columbia, or their duly author23 ized representative.

24 SEC. 111. There are appropriated from the applicable

25 funds of the District of Columbia such sums as may be
25

•HR 3845 RS

1 necessary for making payments authorized by the District

2 of Columbia Revenue Recovery Act of 1977, effective Sep3 tember 23, 1977 (D.C. Law 2–20; D.C. Code, sec. 47–

4 421 et seq.).

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

6 for publicity or propaganda purposes or implementation

7 of any policy including boycott designed to support or de8 feat legislation pending before Congress or any State legis9 lature.

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

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

12 for capital outlay borrowings: Provided, That within a rea13 sonable time after the close of each quarter, the Mayor

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

15 the Congress the actual borrowings and spending progress

16 compared with projections.

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

18 capital projects unless the Mayor has obtained prior ap19 proval from the Council of the District of Columbia, by

20 resolution, identifying the projects and amounts to be fi21 nanced with such borrowings.

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

23 borrowed for capital projects for the operating expenses

24 of the District of Columbia government.
26

•HR 3845 RS

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

2 may be obligated or expended by reprogramming except

3 pursuant to advance approval of the reprogramming

4 granted according to the procedure set forth in the Joint

5 Explanatory Statement of the Committee of Conference

6 (House Report No. 96–443), which accompanied the Dis7 trict of Columbia Appropriation Act, 1980, approved Octo8 ber 30, 1979 (93 Stat. 713; Public Law 96–93), as modi9 fied in House Report No. 98–265, and in accordance with

10 the Reprogramming Policy Act of 1980, effective Septem11 ber 16, 1980 (D.C. Law 3–100; D.C. Code, sec. 47–361

12 et seq.): Provided, That for the fiscal year ending Septem13 ber 30, 1997 the above shall apply except as modified by

14 Public Law 104–8.

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

16 Act shall be obligated or expended to provide a personal

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

18 or employee of the District of Columbia.

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

20 Act shall be obligated or expended to procure passenger

21 automobiles as defined in the Automobile Fuel Efficiency

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

23 Public Law 96–425; 15 U.S.C. 2001(2)), with an Environ24 mental Protection Agency estimated miles per gallon aver25 age of less than 22 miles per gallon: Provided, That this
27

•HR 3845 RS

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

2 armored vehicles.

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

4 District of Columbia Self-Government and Governmental

5 Reorganization Act of 1973, approved December 24, 1973

6 (87 Stat. 790; Public Law 93–198; D.C. Code, sec. 1–

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

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

9 not to exceed the rate established for level IV of the Exec10 utive Schedule under 5 U.S.C. 5315.

11 (b) For purposes of applying any provision of law lim12 iting the availability of funds for payment of salary or pay

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

14 the Mayor under subsection (a) of this section for any po15 sition for any period during the last quarter of calendar

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

17 for that position for September 30, 1996.

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

19 Columbia Redevelopment Act of 1945, approved August

20 2, 1946 (60 Stat. 793; Public Law 79–592; D.C. Code,

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

22 Columbia Redevelopment Land Agency shall be paid, dur23 ing any fiscal year, per diem compensation at a rate estab24 lished by the Mayor.
28

•HR 3845 RS

1 SEC. 120. Notwithstanding any other provisions of

2 law, the provisions of the District of Columbia Govern3 ment Comprehensive Merit Personnel Act of 1978, effec4 tive March 3, 1979 (D.C. Law 2–139; D.C. Code, sec. 1–

5 601.1 et seq.), enacted pursuant to section 422(3) of the

6 District of Columbia Self-Government and Governmental

7 Reorganization Act of 1973, approved December 24, 1973

8 (87 Stat. 790; Public Law 93–198; D.C. Code, sec. 1–

9 242(3)), shall apply with respect to the compensation of

10 District of Columbia employees: Provided, That for pay

11 purposes, employees of the District of Columbia govern12 ment shall not be subject to the provisions of title 5, Unit13 ed States Code.

14 SEC. 121. The Director of the Department of Admin15 istrative Services may pay rentals and repair, alter, and

16 improve rented premises, without regard to the provisions

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

18 72–212; 40 U.S.C. 278a), based upon a determination by

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

20 such determination, the payment of these rents and the

21 execution of this work, without reference to the limitations

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

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

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

25 first quarter of the fiscal year ending September 30, 1997,
29

•HR 3845 RS

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

2 Council of the District of Columbia the new fiscal year

3 1997 revenue estimates as of the end of the first quarter

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

5 budget request for the fiscal year ending September 30,

6 1998. The officially revised estimates at midyear shall be

7 used for the midyear report.

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

9 of Columbia government or any agency thereof may be re10 newed or extended without opening that contract to the

11 competitive bidding process as set forth in section 303 of

12 the District of Columbia Procurement Practices Act of

13 1985, effective February 21, 1986 (D.C. Law 6–85; D.C.

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

15 Public Schools may renew or extend sole source contracts

16 for which competition is not feasible or practical, provided

17 that the determination as to whether to invoke the com18 petitive bidding process has been made in accordance with

19 duly promulgated Board of Education rules and proce20 dures.

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

22 Emergency Deficit Control Act of 1985, approved Decem23 ber 12, 1985 (99 Stat. 1037; Public Law 99–177), as

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

25 be synonymous with and refer specifically to each account
30

•HR 3845 RS

1 appropriating Federal funds in this Act, and any seques2 tration order shall be applied to each of the accounts rath3 er than to the aggregate total of those accounts: Provided,

4 That sequestration orders shall not be applied to any ac5 count that is specifically exempted from sequestration by

6 the Balanced Budget and Emergency Deficit Control Act

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

8 Public Law 99–177), as amended.

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

10 pursuant to the Balanced Budget and Emergency Deficit

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

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

13 amounts appropriated to the District of Columbia for the

14 fiscal year involved have been paid to the District of Co15 lumbia, the Mayor of the District of Columbia shall pay

16 to the Secretary of the Treasury, within 15 days after re17 ceipt of a request therefor from the Secretary of the

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

19 Provided, That the sequestration percentage specified in

20 the order shall be applied proportionately to each of the

21 Federal appropriation accounts in this Act that are not

22 specifically exempted from sequestration by the Balanced

23 Budget and Emergency Deficit Control Act of 1985, ap24 proved December 12, 1985 (99 Stat. 1037; Public Law

25 99–177), as amended.
31

•HR 3845 RS

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

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

3 programs or functions for which a reorganization plan is

4 required but has not been approved by the Council pursu5 ant to section 422(12) of the District of Columbia Self6 Government and Governmental Reorganization Act of

7 1973, approved December 24, 1973 (87 Stat. 790; Public

8 Law 93–198; D.C. Code, sec. 1–242(12)) and the Govern9 mental Reorganization Procedures Act of 1981, effective

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

11 299.1 to 1–299.7). Appropriations made by this Act for

12 such programs or functions are conditioned on the ap13 proval by the Council, prior to October 1, 1996, of the

14 required reorganization plans.

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

16 government may accept and use a gift or donation during

17 fiscal year 1997 if—

18 (1) the Mayor approves the acceptance and use

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

20 of the District of Columbia may accept and use gifts

21 without prior approval by the Mayor; and

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

23 out its authorized functions or duties.

24 (b) Each entity of the District of Columbia govern25 ment shall keep accurate and detailed records of the ac-
32

•HR 3845 RS

1 ceptance and use of any gift or donation under subsection

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

3 for audit and public inspection.

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

5 of the District of Columbia government’’ includes an inde6 pendent agency of the District of Columbia.

7 (d) This section shall not apply to the District of Co8 lumbia Board of Education, which may, pursuant to the

9 laws and regulations of the District of Columbia, accept

10 and use gifts to the public schools without prior approval

11 by the Mayor.

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

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

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

15 offices of United States Senator or United States Rep16 resentative under section 4(d) of the District of Columbia

17 Statehood Constitutional Convention Initiatives of 1979,

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

19 sec. 1–113(d)).

20 PROHIBITION AGAINST USE OF FUNDS FOR ABORTIONS

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

22 Act shall be expended for any abortion except where the

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

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

25 an act of rape or incest.
33

•HR 3845 RS

1 SEC. 129. None of the Federal funds appropriated

2 under this Act shall be expended for any abortion except

3 where the life of the mother would be endangered if the fetus

4 were carried to term or where the pregnancy is the result

5 of an act of rape or incest.

6 PROHIBITION ON DOMESTIC PARTNERS ACT

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

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

9 any system of registration of unmarried, cohabiting cou10 ples whether they are homosexual, lesbian, or hetero11 sexual, including but not limited to registration for the

12 purpose of extending employment, health, or governmental

13 benefits to such couples on the same basis that such bene14 fits are extended to legally married couples; nor shall any

15 funds made available pursuant to any provision of this Act

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

17 188, signed by the Mayor of the District of Columbia on

18 April 15, 1992.

19 SEC. 130. No Federal funds made available pursuant

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

21 enforce any system of registration of unmarried, cohabitat22 ing couples whether they are homosexual, lesbian, or hetero23 sexual, including but not limited to registration for the pur24 pose of extending employment, health, or governmental ben25 efits to such couples on the same basis that such benefits
34

•HR 3845 RS

1 are extended to legally married couples; nor shall any Fed2 eral funds made available pursuant to any provision of this

3 Act 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, the District of Columbia Finan25 cial Responsibility and Management Assistance Authority,

26 and the Council of the District of Columbia no later than
35

•HR 3845 RS

1 fifteen (15) calendar days after the end of each month

2 a report that sets forth—

3 (1) current month expenditures and obligations,

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

5 fiscal year expenditure projections vs. budget broken

6 out on the basis of control center, responsibility cen7 ter, agency reporting code, and object class, and for

8 all funds, including capital financing;

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

10 the most current pay period broken out on the basis

11 of control center, responsibility center, and agency

12 reporting code within each responsibility center, for

13 all funds, including capital funds;

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

15 frozen and the amount of funds frozen, broken out

16 by control center, responsibility center, detailed ob17 ject, and agency reporting code, and for all funding

18 sources;

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

20 $10,000 annually, which contains the name of each

21 contractor; the budget to which the contract is

22 charged broken out on the basis of control center,

23 responsibility center, and agency reporting code; and

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

25 Schools; payments made in the last month and year-
36

•HR 3845 RS

1 to-date, the total amount of the contract and total

2 payments made for the contract and any modifica3 tions, extensions, renewals; and specific modifica4 tions made to each contract in the last month;

5 (5) all reprogramming requests and reports

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

7 the Board of Education; and

8 (6) changes made in the last month to the orga9 nizational structure of the D.C. Public Schools, dis10 playing previous and current control centers and re11 sponsibility centers, the names of the organizational

12 entities that have been changed, the name of the

13 staff member supervising each entity affected, and

14 the reasons for the structural change.

15 MONTHLY REPORTING REQUIREMENTS

16 UNIVERSITY OF THE DISTRICT OF COLUMBIA

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

18 shall submit to the Congress, the Mayor, the District of

19 Columbia Financial Responsibility and Management As20 sistance Authority, and the Council of the District of Co21 lumbia no later than fifteen (15) calendar days after the

22 end of each month a report that sets forth—

23 (1) current month expenditures and obligations,

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

25 fiscal year expenditure projections vs. budget broken

26 out on the basis of control center, responsibility cen-
37

•HR 3845 RS

1 ter, and object class, and for all funds, non-appro2 priated funds, and capital financing;

3 (2) a breakdown of FTE positions and all em4 ployees for the most current pay period broken out

5 on the basis of control center and responsibility cen6 ter, for all funds, including capital funds;

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

8 frozen and the amount of funds frozen, broken out

9 by control center, responsibility center, detailed ob10 ject, and for all funding sources;

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

12 $10,000 annually, which contains the name of each

13 contractor; the budget to which the contract is

14 charged broken out on the basis of control center

15 and responsibility center, and contract identifying

16 codes used by the University of the District of Co17 lumbia; payments made in the last month and year18 to-date, the total amount of the contract and total

19 payments made for the contract and any modifica20 tions, extensions, renewals; and specific modifica21 tions made to each contract in the last month;

22 (5) all reprogramming requests and reports

23 that have been made by the University of the Dis24 trict of Columbia within the last month in compli25 ance with applicable law; and
38

•HR 3845 RS

1 (6) changes made in the last month to the orga2 nizational structure of the University of the District

3 of Columbia, displaying previous and current control

4 centers and responsibility centers, the names of the

5 organizational entities that have been changed, the

6 name of the staff member supervising each entity af7 fected, and the reasons for the structural change.

8 ANNUAL REPORTING REQUIREMENTS

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

10 of Columbia and the University of the District of Colum11 bia shall annually compile an accurate and verifiable re12 port on the positions and employees in the public school

13 system and the university, respectively. The annual report

14 shall set forth—

15 (1) the number of validated schedule A posi16 tions in the District of Columbia Public Schools and

17 the University of the District of Columbia for fiscal

18 year 1996, fiscal year 1997, and thereafter on a full19 time equivalent basis, including a compilation of all

20 positions by control center, responsibility center,

21 funding source, position type, position title, pay

22 plan, grade, and annual salary; and

23 (2) a compilation of all employees in the Dis24 trict of Columbia Public Schools and the University

25 of the District of Columbia as of the preceding De26 cember 31, verified as to its accuracy in accordance
39

•HR 3845 RS

1 with the functions that each employee actually per2 forms, by control center, responsibility center, agen3 cy reporting code, program (including funding

4 source), activity, location for accounting purposes,

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

6 position control number.

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

8 subsection (a) of this section shall be submitted to the

9 Congress, the Mayor, the District of Columbia Council,

10 the Consensus Commission, and the Authority, not later

11 than February 15 of each year.

12 ANNUAL BUDGETS AND BUDGET REVISIONS

13 SEC. 135. (a) No later than October 1, 1996, or with14 in 15 calendar days after the date of the enactment of

15 the District of Columbia Appropriations Act, 1997, which16 ever occurs later, and each succeeding year, the Board of

17 Education and the University of the District of Columbia

18 shall submit to the appropriate congressional committees,

19 the Mayor, the District of Columbia Council, the Consen20 sus Commission, and the District of Columbia Financial

21 Responsibility and Management Assistance Authority, a

22 revised appropriated funds operating budget for the public

23 school system and the University of the District of Colum24 bia for such fiscal year that is in the total amount of the

25 approved appropriation and that realigns budgeted data
40

•HR 3845 RS

1 for personal services and other-than-personal services, re2 spectively, with anticipated actual expenditures.

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

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

5 that the Board of Education and the University of the

6 District of Columbia submit to the Mayor of the District

7 of Columbia for inclusion in the Mayor’s budget submis8 sion to the Council of the District of Columbia pursuant

9 to section 442 of the District of Columbia Self-Govern10 ment and Governmental Reorganization Act, Public Law

11 93–198, as amended (D.C. Code, sec. 47–301).

12 EDUCATIONAL BUDGET APPROVAL

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

14 Trustees of the University of the District of Columbia, the

15 Board of Library Trustees, and the Board of Governors

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

17 respective annual or revised budgets before submission to

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

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

20 of Columbia in accordance with section 442 of the District

21 of Columbia Self-Government and Governmental Reorga22 nization Act, Public Law 93–198, as amended (D.C. Code,

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

24 directly to the Council.
41

•HR 3845 RS

1 PUBLIC SCHOOL EMPLOYEE EVALUATIONS

2 SEC. 137. Notwithstanding any other provision of

3 law, rule, or regulation, the evaluation process and instru4 ments for evaluating District of Columbia Public Schools

5 employees shall be a non-negotiable item for collective bar6 gaining purposes.

7 MODIFICATIONS OF BOARD OF EDUCATION REDUCTION8 IN-FORCE PROCEDURES

9 SEC. 138. The District of Columbia Government

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

11 sec. 1–601.1 et seq.), is amended—

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

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

14 following new paragraph:

15 ‘‘(13A) The term ‘nonschool-based personnel’

16 means any employee of the District of Columbia

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

18 who does not provide direct services to individual

19 students.’’; and

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

21 following new paragraph:

22 ‘‘(15A) The term ‘school administrators’ means

23 principals, assistant principals, school program di24 rectors, coordinators, instructional supervisors, and

25 support personnel of the District of Columbia public

26 schools.’’;
42

•HR 3845 RS

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

2 609.1(b)(2)(L))—

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

4 and inserting ‘‘(L)(i) reduction-in-force’’; and

5 (B) by inserting after subparagraph (L)(i),

6 the following new clause:

7 ‘‘(ii) notwithstanding any other provi8 sion of law, the Board of Education shall

9 not issue rules that require or permit non10 school-based personnel or school adminis11 trators to be assigned or reassigned to the

12 same competitive level as classroom teach13 ers;’’; and

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

15 by adding at the end the following new subsection:

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

17 Board of Education shall not require or permit nonschool18 based personnel or school administrators to be assigned

19 or reassigned to the same competitive level as classroom

20 teachers.’’.

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

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

23 Columbia Public Schools shall be—

24 (1) classified as an Educational Service em25 ployee;
43

•HR 3845 RS

1 (2) placed under the personnel authority of the

2 Board of Education; and

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

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

5 competitive area from nonschool-based personnel who shall

6 not compete with school-based personnel for retention pur7 poses.

8 MODIFICATION OF REDUCTION-IN-FORCE PROCEDURES

9 SEC. 140. (a) Section 2401 of the District of Colum10 bia Government Comprehensive Merit Personnel Act of

11 1978 (D.C. Code, sec. 1–625.1 et seq.) is amended by

12 amending the third sentence to read as follows: ‘‘A person13 nel authority may establish lesser competitive areas within

14 an agency on the basis of all or a clearly identifiable seg15 ment of an agency’s mission or a division or major subdivi16 sion of an agency.’’.

17 (b) The District of Columbia Government Com18 prehensive Merit Personnel Act of 1978 (D.C. Code, sec.

19 1–601.1 et seq.), as amended by section 149 of the Dis20 trict of Columbia Appropriations Act, 1996 (Public Law

21 104–134), is amended by adding at the end the following

22 new section:

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

24 1997.

25 ‘‘(a) Notwithstanding any other provision of law, reg26 ulation, or collective bargaining agreement either in effect
44

•HR 3845 RS

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

2 the fiscal year ending September 30, 1997, each agency

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

4 to identify positions for abolishment.

5 ‘‘(b) Prior to February 1, 1997, each personnel au6 thority shall make a final determination that a position

7 within the personnel authority is to be abolished.

8 ‘‘(c) Notwithstanding any rights or procedures estab9 lished by any other provision of this title, any District gov10 ernment employee, regardless of date of hire, who encum11 bers a position identified for abolishment shall be sepa12 rated without competition or assignment rights, except as

13 provided in this section.

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

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

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

17 to one round of lateral competition pursuant to Chapter

18 24 of the District of Columbia Personnel Manual, which

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

20 level.

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

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

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

24 For purposes of this subsection only, a nonresident Dis25 trict employee who was hired by the District government
45

•HR 3845 RS

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

2 service since that date, or a former employee of the United

3 States Department of Health and Human Services at

4 Saint Elizabeths Hospital who accepted employment with

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

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

7 a District resident.

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

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

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

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

12 smaller than an agency, nor the determination that a spe13 cific position is to be abolished, nor separation pursuant

14 to this section shall be subject to review except as fol15 lows—

16 ‘‘(1) an employee may file a complaint contest17 ing a determination or a separation pursuant to title

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

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

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

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

22 Employee Appeals an appeal contesting that the sep23 aration procedures of subsections (d) and (f) of this

24 section were not properly applied.
46

•HR 3845 RS

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

2 shall be entitled to severance pay in accordance with title

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

4 in computing creditable service for severance pay for em5 ployees separated pursuant to this section—

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

7 for veterans preference under this Act, and

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

9 for residency preference under this Act.

10 ‘‘(i) Separation pursuant to this section shall not af11 fect an employee’s rights under either the Agency Reem12 ployment Priority Program or the Displaced Employee

13 Program established pursuant to Chapter 24 of the Dis14 trict Personnel Manual.

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

16 of all positions to be abolished by agency and responsibility

17 center by March 1, 1997, or upon the delivery of termi18 nation notices to individual employees.

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

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

21 deemed negotiable.

22 ‘‘(l) A personnel authority shall cause a 30-day termi23 nation notice to be served, no later than September 1,

24 1997, on any incumbent employee remaining in any posi-
47

•HR 3845 RS

1 tion identified to be abolished pursuant to subsection (b)

2 of this section’’.

3 CEILING ON EXPENSES AND DEFICIT

4 SEC. 141. (a) CEILING ON TOTAL OPERATING EX5 PENSES AND DEFICIT.—

6 (1) IN GENERAL.—Notwithstanding any other

7 provision of law, the total amount appropriated in

8 this Act for operating expenses for the District of

9 Columbia for fiscal year 1997 under the caption

10 ‘‘DIVISION OF EXPENSES’’ shall not exceed the less11 er of—

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

13 District of Columbia for such fiscal year and

14 $40,000,000; or

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

16 $134,528,000 shall be from intra-District

17 funds).

18 (2) ENFORCEMENT.—The Chief Financial Offi19 cer of the District of Columbia and the District of

20 Columbia Financial Responsibility and Management

21 Assistance Authority shall take such steps as are

22 necessary to assure that the District of Columbia

23 meets the requirements of this section, including the

24 apportioning by the Chief Financial Officer of the

25 appropriations and funds made available to the Dis26 trict during fiscal year 1997.
48

•HR 3845 RS

1 (b) ACCEPTANCE AND USE OF GRANTS NOT IN2 CLUDED IN CEILING.—

3 (1) IN GENERAL.—Notwithstanding subsection

4 (a), the Mayor of the District of Columbia may ac5 cept, obligate, and expend Federal, private, and

6 other grants received by the District government

7 that are not reflected in the amounts appropriated

8 in this Act.

9 (2) REQUIREMENT OF CHIEF FINANCIAL OFFI10 CER REPORT AND FINANCIAL RESPONSIBILITY AND

11 MANAGEMENT ASSISTANCE AUTHORITY APPROVAL.—

12 No such Federal, private, or other grant may be ac13 cepted, obligated, or expended pursuant to para14 graph (1) until—

15 (A) the Chief Financial Officer of the Dis16 trict submits to the District of Columbia Finan17 cial Responsibility and Management Assistance

18 Authority established by Public Law 104–8

19 (109 Stat. 97) a report setting forth detailed

20 information regarding such grant; and

21 (B) the District of Columbia Financial Re22 sponsibility and Management Assistance Au23 thority has reviewed and approved the accept24 ance, obligation, and expenditure of such grant

25 in accordance with review and approval proce-
49

•HR 3845 RS

1 dures consistent with the provisions of Public

2 Law 104–8, the District of Columbia Financial

3 Responsibility and Management Assistance Act

4 of 1995.

5 (3) PROHIBITION ON SPENDING IN ANTICIPA6 TION OF APPROVAL OR RECEIPT.—No amount may

7 be obligated or expended from the general fund or

8 other funds of the District government in anticipa9 tion of the approval or receipt of a grant under

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

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

12 subject to such paragraph.

13 (4) MONTHLY REPORTS.—The Chief Financial

14 Officer of the District shall prepare a monthly re15 port setting forth detailed information regarding all

16 Federal, private, and other grants subject to this

17 subsection. Each such report shall be submitted to

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

19 Committees on Appropriations of the House of Rep20 resentatives and the Senate, not later than 15 days

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

22 ACCEPTANCE AND USE OF GRANTS

23 SEC. 141. (a) ACCEPTANCE AND USE OF GRANTS.—

24 (1) IN GENERAL.—The Mayor of the District of

25 Columbia may accept, obligate, and expend Federal,
50

•HR 3845 RS

1 private, and other grants received by the District gov2 ernment that are not reflected in the amounts appro3 priated in this Act.

4 (2) REQUIREMENT OF CHIEF FINANCIAL OFFICER

5 REPORT AND FINANCIAL RESPONSIBILITY AND MAN6 AGEMENT ASSISTANCE AUTHORITY APPROVAL.—No

7 such Federal, private, or other grant may be accepted,

8 obligated, or expended pursuant to paragraph (1)

9 until—

10 (A) the Chief Financial Officer of the Dis11 trict submits to the District of Columbia Finan12 cial Responsibility and Management Assistance

13 Authority established by Public Law 104–8 (109

14 Stat. 97) a report setting forth detailed informa15 tion regarding such grant; and

16 (B) the District of Columbia Financial Re17 sponsibility and Management Assistance Author18 ity has reviewed and approved the acceptance,

19 obligation, and expenditure of such grant in ac20 cordance with review and approval procedures

21 consistent with the provisions of Public Law

22 104–8, the District of Columbia Financial Re23 sponsibility and Management Assistance Act of

24 1995.
51

•HR 3845 RS

1 (3) PROHIBITION ON SPENDING IN ANTICIPATION

2 OF APPROVAL OR RECEIPT.—No amount may be obli3 gated or expended from the general fund or other

4 funds of the District government in anticipation of

5 the approval or receipt of a grant under paragraph

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

7 of a Federal, private, or other grant not subject to

8 such paragraph.

9 (4) MONTHLY REPORTS.—The Chief Financial

10 Officer of the District shall prepare a monthly report

11 setting forth detailed information regarding all Fed12 eral, private, and other grants subject to this sub13 section. Each such report shall be submitted to the

14 Council of the District of Columbia, and to the Com15 mittees on Appropriations of the House of Represent16 atives and the Senate, not later than 15 days after the

17 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
52

•HR 3845 RS

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-
53

•HR 3845 RS

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 CHIEF FINANCIAL OFFICER POWERS DURING CONTROL

19 PERIODS

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

21 during any control period in effect under subtitle A of title

22 II of the District of Columbia Financial Responsibility and

23 Management Assistance Act of 1995 the following shall

24 apply:

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

26 offices, together with all other District of Columbia
54

•HR 3845 RS

1 accounting, budget, and financial management per2 sonnel, (except legislative and judicial personnel)

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

4 and shall act under the direction and control of the

5 Chief Financial Officer:

6 The Office of the Treasurer.

7 The Controller of the District of Columbia.

8 The Office of the Budget.

9 The Office of Financial Information Serv10 ices.

11 The Department of Finance and Revenue.

12 The District of Columbia Financial Responsibility

13 and Management Assistance Authority established

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

15 1995, may remove such individuals from office for

16 cause, after consultation with the Mayor and the

17 Chief Financial Officer.

18 (b) The Chief Financial Officer shall prepare

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

20 budget of the District of Columbia under part D of

21 title IV of the District of Columbia Self-Government

22 and Governmental Reorganization Act of 1973, ap23 proved December 24, 1973 (87 Stat. 774; Public Law

24 93–198), as amended, for each fiscal year occurring

25 during a control period in effect under subtitle A of
55

•HR 3845 RS

1 title II of the District of Columbia Financial Respon2 sibility and Management Assistance Act of 1995, an3 nual estimates of the expenditures and appropriations

4 necessary for the operation of the Office of the Chief

5 Financial Officer for the year. All such estimates

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

7 District of Columbia for its action pursuant to sec8 tions 446 and 603(c) of the District of Columbia Self9 Government and Governmental Reorganization Act,

10 Public Law 93–198, approved December 24, 1973,

11 without revision but subject to recommendations. Not12 withstanding any other provisions of the District of

13 Columbia Self-Government and Governmental Reor14 ganization Act, Public Law 93–198, approved Decem15 ber 24, 1973, the Council may comment or make rec16 ommendations concerning such estimates, but shall

17 have no authority to revise 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–
56

•HR 3845 RS

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.
57

•HR 3845 RS

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
58

•HR 3845 RS

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-
59

•HR 3845 RS

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 SEC. 147. Notwithstanding any other law, the District

10 of Columbia Housing Finance Agency, established by sec11 tion 210 of the District of Columbia Housing Finance

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

13 Code, sec. 45–2111) shall not be required to repay moneys

14 advanced by the District government (including accrued in15 terest thereon) pursuant to Congressional appropriations

16 for fiscal years 1980 through 1992.

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

18 School Reform Act of 1995 (Public Law 104–134) is amend19 ed to read as follows:

20 ‘‘(b) LIMITATION.—A waiver under subsection (a) shall

21 not apply to requirements under 40 U.S.C. 267a–276a–7

22 and Executive Order 11246.’’

23 SEC. 149. ENERGY AND WATER SAVINGS AT DISTRICT

24 OF COLUMBIA FACILITIES.—
60

•HR 3845 RS

1 (a) REDUCTION IN FACILITY ENERGY COSTS AND

2 WATER CONSUMPTION.—

3 IN GENERAL.—The Director of the District

4 of Columbia Office of Energy shall, subject to the

5 contract approval provisions of Public Law 104–

6 8—

7 (A) develop a comprehensive plan to

8 identify and accomplish energy conservation

9 measures to achieve maximum cost-effective

10 energy and water savings;

11 (B) enter into innovative financing

12 and contractual mechanisms including, but

13 not limited to utility demand-side manage14 ment programs and energy savings perform15 ance contracts and water conservation per16 formance contracts: Provided, That the

17 terms of such contracts do not exceed twen18 ty-five years; and

19 (C) permit and encourage each depart20 ment or agency and other instrumentality

21 of the District of Columbia to participate in

22 programs conducted by any gas, electric or

23 water utility of the management of elec24 tricity or gas demand or for energy or

25 water and conservation.
61

•HR 3845 RS

1 This Act may be cited as the District of Columbia

2 Appropriations Act, 1997.