IB

104TH CONGRESS

2D SESSION H. R. 3845

IN THE HOUSE OF REPRESENTATIVES

JULY 26, 1996

Ordered to be printed with amendments of the Senate numbered

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:

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

2 3406.1).

3 FEDERAL CONTRIBUTION TO RETIREMENT FUNDS

4 For the Federal contribution to the Police Officers

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

6 Funds, as authorized by the District of Columbia Retire7 ment Reform Act, approved November 17, 1979 (93 Stat.

8 866; Public Law 96–122), $52,070,000.

9 PRESIDENTIAL INAUGURATION

10 For payment to the District of Columbia in lieu of

11 reimbursement for expenses incurred in connection with

12 Presidential inauguration activities, $5,702,000, as au13 thorized by section 737(b) of the District of Columbia

14 Self-Government and Governmental Reorganization Act,

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

16 1803), which shall be apportioned by the Chief Financial

17 Officer within the various appropriation headings in this

18 Act.

19 DIVISION OF EXPENSES

20 The following amounts are appropriated for the Dis21 trict of Columbia for the current fiscal year out of the

22 general fund of the District of Columbia, except as other23 wise specifically provided.
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1 GOVERNMENTAL DIRECTION AND SUPPORT

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

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

4 $98,691,000 and 1,371 full-time equivalent positions from

5 local funds, $12,192,000 and 8 full-time equivalent posi6 tions from Federal funds, and $4,780,000 and 61 full-time

7 equivalent positions from other funds): Provided, Ω1æThat

8 funds expended for the Executive Office of the Mayor are

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

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

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

12 for the City Administrator shall be available from this ap13 propriation for official purposes: Provided further, That

14 any program fees collected from the issuance of debt shall

15 be available for the payment of expenses of the debt man16 agement program of the District of Columbia: Provided

17 further, That no revenues from Federal sources shall be

18 used to support the operations or activities of the State19 hood Commission and Statehood Compact Commission:

20 Provided further, That the District of Columbia shall iden21 tify the sources of funding for Admission to Statehood

22 from its own locally-generated revenues.

23 ECONOMIC DEVELOPMENT AND REGULATION

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

25 and 1,501 full-time equivalent positions (including
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1 $67,196,000 and 720 full-time equivalent positions from

2 local funds, $45,708,000 and 524 full-time equivalent po3 sitions from Federal funds, and $22,800,000 and 257 full4 time equivalent positions from other funds): Provided,

5 That the District of Columbia Housing Finance Agency,

6 established by section 201 of the District of Columbia

7 Housing Finance Agency Act, effective March 3, 1979

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

9 its capability of repayments as determined each year by

10 the Council of the District of Columbia from the Housing

11 Finance Agency’s annual audited financial statements to

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

13 general fund an amount equal to the appropriated admin14 istrative costs plus interest at a rate of four percent per

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

16 for the first three yearsΩ2æ:–Provided further, That not17 withstanding the foregoing provision, the obligation to

18 repay all or part of the amounts due shall be subject to

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

20 the Housing Finance Agency and shall be repaid to the

21 District of Columbia government only from available oper22 ating revenues of the Housing Finance Agency that are

23 in excess of the amounts required for debt service, reserve

24 funds, and operating expenses: Provided further, That

25 upon commencement of the debt service payments, such
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1 payments shall be deposited into the general fund of the

2 District of Columbia.

3 PUBLIC SAFETY AND JUSTICE

4 Ω3æ(INCLUDING TRANSFER OF FUNDS)

5 Public safety and justice, including purchase of 135

6 passenger-carrying vehicles for replacement only, includ7 ing 130 for police-type use and five for fire-type use, with8 out regard to the general purchase price limitation for the

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

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

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

12 $19,310,000 and 112 full-time equivalent positions from

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

14 positions from other funds): Provided, That the Metropoli15 tan Police Department is authorized to replace not to ex16 ceed 25 passenger-carrying vehicles and the Fire Depart17 ment of the District of Columbia is authorized to replace

18 not to exceed five passenger-carrying vehicles annually

19 whenever the cost of repair to any damaged vehicle ex20 ceeds three-fourths of the cost of the replacement: Pro21 vided further, That not to exceed $500,000 shall be avail22 able from this appropriation for the Chief of Police for

23 the prevention and detection of crime: Provided further,

24 That the Metropolitan Police Department shall provide

25 quarterly reports to the Committees on Appropriations of
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1 the House and Senate on efforts to increase efficiency and

2 improve the professionalism in the department: Provided

3 further, That notwithstanding any other provision of law,

4 or Mayor’s Order 86–45, issued March 18, 1986, the Met5 ropolitan Police Department’s delegated small purchase

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

7 District of Columbia government may not require the Met8 ropolitan Police Department to submit to any other pro9 curement review process, or to obtain the approval of or

10 be restricted in any manner by any official or employee

11 of the District of Columbia government, for purchases

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

13 appropriated for expenses under the District of Columbia

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

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

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

17 shall be available for obligations incurred under the Act

18 in each fiscal year since inception in fiscal year 1975: Pro19 vided further, That funds appropriated for expenses under

20 the District of Columbia Neglect Representation Equity

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

22 D.C. Code, sec. 16–2304), for the fiscal year ending Sep23 tember 30, 1997, shall be available for obligations in24 curred under the Act in each fiscal year since inception

25 in fiscal year 1985: Provided further, That funds appro-
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1 priated for expenses under the District of Columbia

2 Guardianship, Protective Proceedings, and Durable Power

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

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

5 year ending September 30, 1997, shall be available for ob6 ligations incurred under the Act in each fiscal year since

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

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

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

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

11 $1,500 for the Executive Officer of the District of Colum12 bia Courts shall be available from this appropriation for

13 official purposes: Provided further, That the District of

14 Columbia shall operate and maintain a free, 24-hour tele15 phone information service whereby residents of the area

16 surrounding Lorton prison in Fairfax County, Virginia,

17 can promptly obtain information from District of Colum18 bia government officials on all disturbances at the prison,

19 including escapes, riots, and similar incidents: Provided

20 further, That the District of Columbia government shall

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

22 telephone information service among the residents of the

23 area surrounding the Lorton prison: Provided further,

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

25 be used to reimburse Fairfax County, Virginia, and Prince
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1 William County, Virginia, for expenses incurred by the

2 counties during the fiscal year ending September 30,

3 1997, in relation to the Lorton prison complex: Provided

4 further, That such reimbursements shall be paid in all in5 stances in which the District requests the counties to pro6 vide police, fire, rescue, and related services to help deal

7 with escapes, fires, riots, and similar disturbances involv8 ing the prison: Provided further, That the Mayor shall re9 imburse the District of Columbia National Guard for ex10 penses incurred in connection with services that are per11 formed in emergencies by the National Guard in a militia

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

13 shall be jointly determined and certified as due and pay14 able for these services by the Mayor and the Commanding

15 General of the District of Columbia National Guard: Pro16 vided further, That such sums as may be necessary for

17 reimbursement to the District of Columbia National

18 Guard under the preceding proviso shall be available from

19 this appropriation, and the availability of the sums shall

20 be deemed as constituting payment in advance for emer21 gency services involvedΩ4æ: Provided further, That in addi22 tion to the $1,041,281,000 appropriated under this heading,

23 an additional $651,000 shall be transferred from the De24 partment of Public Works to the District of Columbia Court

25 System for maintenance and repair of elevators/escalators,
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1 heating, ventilation, and air conditioning systems, fire

2 alarms and security systems, materials and services for

3 building maintenance and repair, and trash removal.

4 PUBLIC EDUCATION SYSTEM

5 Public education system, including the development

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

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

8 $632,379,000 and 10,045 full-time equivalent positions

9 from local funds, $98,479,000 and 1,009 full-time equiva10 lent positions from Federal funds, and $27,957,000 and

11 222 full-time equivalent positions from other funds), to

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

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

14 full-time equivalent positions from local funds,

15 $85,823,000 and 840 full-time equivalent positions from

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

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

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

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

20 this allocation has not been provided as payments to one

21 or more public charter schools by May 1, 1997, and re22 mains unallocated, the funds will revert to the general

23 fund of the District of Columbia in accordance with sec24 tion 2403(a)(2)(D) of the District of Columbia School Re25 form Act of 1995 (Public Law 104–134); $88,100,000
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1 from local funds for the District of Columbia Teachers’

2 Retirement Fund; $69,801,000 and 917 full-time equiva3 lent positions (including $38,479,000 and 572 full-time

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

5 156 full-time equivalent positions from Federal funds, and

6 $19,575,000 and 189 full-time equivalent positions from

7 other funds) for the University of the District of Colum8 bia; $22,429,000 and 415 full-time equivalent positions

9 (including $21,529,000 and 408 full-time equivalent posi10 tions from local funds, $446,000 and 6 full-time equiva11 lent positions from Federal funds, and $454,000 and 1

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

13 Public Library; $2,220,000 and 9 full-time equivalent po14 sitions (including $1,757,000 and 2 full-time equivalent

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

16 equivalent positions from Federal funds) for the Commis17 sion on the Arts and Humanities: Provided, That the pub18 lic schools of the District of Columbia are authorized to

19 accept not to exceed 31 motor vehicles for exclusive use

20 in the driver education program: Provided further, That

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

22 $2,500 for the President of the University of the District

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

24 be available from this appropriation for official purposes:

25 Provided further, That not less than $9,200,000 shall be
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1 available from this appropriation for school repairs in a

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

3 $1,200,000 shall be available for local school allotments

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

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

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

7 less than $2,800,000 shall be available to support sub8 stitute teachers in a restricted line item: Provided further,

9 That not less than $1,788,000 shall be available in a re10 stricted line item for school counselors: Provided further,

11 That this appropriation shall not be available to subsidize

12 the education of nonresidents of the District of Columbia

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

14 Board of Trustees of the University of the District of Co15 lumbia adopts, for the fiscal year ending September 30,

16 1997, a tuition rate schedule that will establish the tuition

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

18 nonresident tuition rate charged at comparable public in19 stitutions of higher education in the metropolitan area.

20 HUMAN SUPPORT SERVICES

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

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

23 3,814 full-time equivalent positions from local funds,

24 $676,665,000 and 2,444 full-time equivalent positions

25 from Federal funds, and $47,643,000 and 86 full-time
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1 equivalent positions from other funds): Provided, That

2 $24,793,000 of this appropriation, to remain available

3 until expended, shall be available solely for District of Co4 lumbia employees’ disability compensation: Provided fur5 ther, That the District of Columbia shall not provide free

6 government services such as water, sewer, solid waste dis7 posal or collection, utilities, maintenance, repairs, or simi8 lar services to any legally constituted private nonprofit or9 ganization (as defined in section 411(5) of Public Law

10 100–77, approved July 22, 1987) providing emergency

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

12 be qualified to receive reimbursement pursuant to the

13 Stewart B. McKinney Homeless Assistance Act, approved

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

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

16 PUBLIC WORKS

17 Public works, including rental of one passenger-car18 rying vehicle for use by the Mayor and three passenger19 carrying vehicles for use by the Council of the District of

20 Columbia and purchase of passenger-carrying vehicles for

21 replacement only, $247,967,000 and 1,252 full-time equiv22 alent positions (including $234,391,000 and 1,149 full23 time equivalent positions from local funds, $3,047,000 and

24 32 full-time equivalent positions from Federal funds, and

25 $10,529,000 and 71 full-time equivalent positions from
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1 other funds): Provided, That this appropriation shall not

2 be available for collecting ashes or miscellaneous refuse

3 from hotels and places of business.

4 WASHINGTON CONVENTION CENTER FUND TRANSFER

5 PAYMENT

6 For payment to the Washington Convention Center

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

8 REPAYMENT OF LOANS AND INTEREST

9 For reimbursement to the United States of funds

10 loaned in compliance with An Act to provide for the estab11 lishment of a modern, adequate, and efficient hospital cen12 ter in the District of Columbia, approved August 7, 1946

13 (60 Stat. 896; Public Law 79–648); section 1 of An Act

14 to authorize the Commissioners of the District of Colum15 bia to borrow funds for capital improvement programs and

16 to amend provisions of law relating to Federal Govern17 ment participation in meeting costs of maintaining the

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

19 183; Public Law 85–451; D.C. Code, sec. 9–219); section

20 4 of An Act to authorize the Commissioners of the District

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

22 sanitary sewer to connect the Dulles International Airport

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

24 1960 (74 Stat. 211; Public Law 86–515); sections 723

25 and 743(f) of the District of Columbia Self-Government
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1 and Governmental Reorganization Act of 1973, approved

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

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

4 1156; Public Law 95–131; D.C. Code, sec. 9–219, note),

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

6 local funds.

7 REPAYMENT OF GENERAL FUND RECOVERY DEBT

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

9 general fund accumulated deficit as of September 30,

10 1990, $38,314,000 from local funds, as authorized by sec11 tion 461(a) of the District of Columbia Self-Government

12 and Governmental Reorganization Act, approved Decem13 ber 24, 1973, as amended (105 Stat. 540; Public Law

14 102–106; D.C. Code, sec. 47–321(a)(1)).

15 PAYMENT OF INTEREST ON SHORT-TERM BORROWING

16 For payment of interest on short-term borrowing,

17 $34,461,000 from local funds.

18 PRESIDENTIAL INAUGURATION

19 For reimbursement for necessary expenses incurred

20 in connection with Presidential inauguration activities as

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

22 Self-Government and Governmental Reorganization Act,

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

24 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

25 Ω5æ$46,923,000 $75,923,000 (including an increase of
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1 $34,000,000 for the highway trust fund, reallocations and

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

3 funds appropriated under this heading in prior fiscal years

4 and an additional $133,419,000 in Federal funds), as au5 thorized by An Act authorizing the laying of water mains

6 and service sewers in the District of Columbia, the levying

7 of assessments therefor, and for other purposes, approved

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

9 Code, secs. 43–1512 through 43–1519); the District of

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

11 1954 (68 Stat. 101; Public Law 83–364); An Act to au12 thorize the Commissioners of the District of Columbia to

13 borrow funds for capital improvement programs and to

14 amend provisions of law relating to Federal Government

15 participation in meeting costs of maintaining the Nation’s

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

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

18 of plans and specifications, conducting preliminary sur19 veys, erection of structures, including building improve20 ment and alteration and treatment of grounds, to remain

21 available until expended: Provided, That funds for use of

22 each capital project implementing agency shall be man23 aged and controlled in accordance with all procedures and

24 limitations established under the Financial Management

25 System: Provided further, That all funds provided by this
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1 appropriation title shall be available only for the specific

2 projects and purposes intended: Provided further, That

3 notwithstanding the foregoing, all authorizations for cap4 ital outlay projects, except those projects covered by the

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

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

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

8 which funds are provided by this appropriation title, shall

9 expire on September 30, 1998, except authorizations for

10 projects as to which funds have been obligated in whole

11 or in part prior to September 30, 1998: Provided further,

12 That upon expiration of any such project authorization the

13 funds provided 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 Ω6æSEC. 129. None of the funds appropriated under

14 this Act shall be expended for any abortion except where

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

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

17 of an act of rape or incest.

18 SEC. 129. None of the Federal funds appropriated

19 under this Act shall be expended for any abortion except

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

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

22 of an act of rape or incest.

23 PROHIBITION ON DOMESTIC PARTNERS ACT

24 Ω7æSEC. 130. No funds made available pursuant to

25 any provision of this Act shall be used to implement or
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1 enforce any system of registration of unmarried, cohabit2 ing couples whether they are homosexual, lesbian, or het3 erosexual, including but not limited to registration for the

4 purpose of extending employment, health, or governmental

5 benefits to such couples on the same basis that such bene6 fits are extended to legally married couples; nor shall any

7 funds made available pursuant to any provision of this Act

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

9 188, signed by the Mayor of the District of Columbia on

10 April 15, 1992.

11 SEC. 130. No Federal funds made available pursuant

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

13 enforce any system of registration of unmarried, cohabitat14 ing couples whether they are homosexual, lesbian, or hetero15 sexual, including but not limited to registration for the pur16 pose of extending employment, health, or governmental ben17 efits to such couples on the same basis that such benefits

18 are extended to legally married couples; nor shall any Fed19 eral funds made available pursuant to any provision of this

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

21 188, signed by the Mayor of the District of Columbia on

22 April 15, 1992.
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1 COMPENSATION OF MEMBERS OF JUDICIAL NOMINATION

2 COMMISSION

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

4 in the enactment of the District of Columbia Appropria5 tions Act, 1996, section 434(b)(5) of the District of Co6 lumbia Self-Government and Governmental Reorganiza7 tion Act is amended to read as follows:

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

9 compensation for services rendered in connection with

10 their official duties on the Commission.’’.

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

12 the District of Columbia Appropriations Act, 1996 is here13 by repealed, and the provision of law amended by such

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

15 enacted into law.

16 MONTHLY REPORTING REQUIREMENTS—BOARD OF

17 EDUCATION

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

19 the Congress, the Mayor, Ω8æthe District of Columbia Fi20 nancial Responsibility and Management Assistance Author21 ity, and the Council of the District of Columbia no later

22 than fifteen (15) calendar days after the end of each

23 month a report that sets forth—

24 (1) current month expenditures and obligations,

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

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

3 all funds, including capital financing;

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

5 the most current pay period broken out on the basis

6 of control center, responsibility center, and agency

7 reporting code within each responsibility center, for

8 all funds, including capital funds;

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

10 frozen and the amount of funds frozen, broken out

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

13 sources;

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

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

16 contractor; the budget to which the contract is

17 charged broken out on the basis of control center,

18 responsibility center, and agency reporting code; and

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

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

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

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

3 the Board of Education; and

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

8 entities that have been changed, the name of the

9 staff member supervising each entity affected, and

10 the reasons for the structural change.

11 MONTHLY REPORTING REQUIREMENTS

12 UNIVERSITY OF THE DISTRICT OF COLUMBIA

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

14 shall submit to the Congress, the Mayor, Ω9æthe District

15 of Columbia Financial Responsibility and Management As16 sistance Authority, and the Council of the District of Co17 lumbia no later than fifteen (15) calendar days after the

18 end of each month a report that sets forth—

19 (1) current month expenditures and obligations,

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

21 fiscal year expenditure projections vs. budget broken

22 out on the basis of control center, responsibility cen23 ter, and object class, and for all funds, non-appro24 priated funds, and capital financing;

25 (2) a breakdown of FTE positions and all em26 ployees for the most current pay period broken out
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1 on the basis of control center and responsibility cen2 ter, for all funds, including capital funds;

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

4 frozen and the amount of funds frozen, broken out

5 by control center, responsibility center, detailed ob6 ject, and for all funding sources;

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

8 $10,000 annually, which contains the name of each

9 contractor; the budget to which the contract is

10 charged broken out on the basis of control center

11 and responsibility center, and contract identifying

12 codes used by the University of the District of Co13 lumbia; payments made in the last month and year14 to-date, the total amount of the contract and total

15 payments made for the contract and any modifica16 tions, extensions, renewals; and specific modifica17 tions made to each contract in the last month;

18 (5) all reprogramming requests and reports

19 that have been made by the University of the Dis20 trict of Columbia within the last month in compli21 ance with applicable law; and

22 (6) changes made in the last month to the orga23 nizational structure of the University of the District

24 of Columbia, displaying previous and current control

25 centers and responsibility centers, the names of the
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1 organizational entities that have been changed, the

2 name of the staff member supervising each entity af3 fected, and the reasons for the structural change.

4 ANNUAL REPORTING REQUIREMENTS

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

6 of Columbia and the University of the District of Colum7 bia shall annually compile an accurate and verifiable re8 port on the positions and employees in the public school

9 system and the university, respectively. The annual report

10 shall set forth—

11 (1) the number of validated schedule A posi12 tions in the District of Columbia Public Schools and

13 the University of the District of Columbia for fiscal

14 year 1996, fiscal year 1997, and thereafter on a full15 time equivalent basis, including a compilation of all

16 positions by control center, responsibility center,

17 funding source, position type, position title, pay

18 plan, grade, and annual salary; and

19 (2) a compilation of all employees in the Dis20 trict of Columbia Public Schools and the University

21 of the District of Columbia as of the preceding De22 cember 31, verified as to its accuracy in accordance

23 with the functions that each employee actually per24 forms, by control center, responsibility center, agen25 cy reporting code, program (including funding

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

2 position control number.

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

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

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

6 the Consensus Commission, and the Authority, not later

7 than February 15 of each year.

8 ANNUAL BUDGETS AND BUDGET REVISIONS

9 SEC. 135. (a) No later than October 1, 1996, or with10 in 15 calendar days after the date of the enactment of

11 the District of Columbia Appropriations Act, 1997, which12 ever occurs later, and each succeeding year, the Board of

13 Education and the University of the District of Columbia

14 shall submit to the appropriate congressional committees,

15 the Mayor, the District of Columbia Council, the Consen16 sus Commission, and the District of Columbia Financial

17 Responsibility and Management Assistance Authority, a

18 revised appropriated funds operating budget for the public

19 school system and the University of the District of Colum20 bia for such fiscal year that is in the total amount of the

21 approved appropriation and that realigns budgeted data

22 for personal services and other-than-personal services, re23 spectively, with anticipated actual expenditures.

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

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

26 that the Board of Education and the University of the
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1 District of Columbia submit to the Mayor of the District

2 of Columbia for inclusion in the Mayor’s budget submis3 sion to the Council of the District of Columbia pursuant

4 to section 442 of the District of Columbia Self-Govern5 ment and Governmental Reorganization Act, Public Law

6 93–198, as amended (D.C. Code, sec. 47–301).

7 EDUCATIONAL BUDGET APPROVAL

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

9 Trustees of the University of the District of Columbia, the

10 Board of Library Trustees, and the Board of Governors

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

12 respective annual or revised budgets before submission to

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

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

15 of Columbia in accordance with section 442 of the District

16 of Columbia Self-Government and Governmental Reorga17 nization Act, Public Law 93–198, as amended (D.C. Code,

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

19 directly to the Council.

20 PUBLIC SCHOOL EMPLOYEE EVALUATIONS

21 SEC. 137. Notwithstanding any other provision of

22 law, rule, or regulation, the evaluation process and instru23 ments for evaluating District of Columbia Public Schools

24 employees shall be a non-negotiable item for collective bar25 gaining purposes.
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1 MODIFICATIONS OF BOARD OF EDUCATION REDUCTION2 IN-FORCE PROCEDURES

3 SEC. 138. The District of Columbia Government

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

5 sec. 1–601.1 et seq.), is amended—

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

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

8 following new paragraph:

9 ‘‘(13A) The term ‘nonschool-based personnel’

10 means any employee of the District of Columbia

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

12 who does not provide direct services to individual

13 students.’’; and

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

15 following new paragraph:

16 ‘‘(15A) The term ‘school administrators’ means

17 principals, assistant principals, school program di18 rectors, coordinators, instructional supervisors, and

19 support personnel of the District of Columbia public

20 schools.’’;

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

22 609.1(b)(2)(L))—

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

24 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’’.
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1 Ω10æCEILING ON EXPENSES AND DEFICIT

2 SEC. 141. (a) CEILING ON TOTAL OPERATING EX3 PENSES AND DEFICIT.—

4 (1) IN GENERAL.—Notwithstanding any other

5 provision of law, the total amount appropriated in

6 this Act for operating expenses for the District of

7 Columbia for fiscal year 1997 under the caption

8 ‘‘DIVISION OF EXPENSES’’ shall not exceed the less9 er of—

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

11 District of Columbia for such fiscal year and

12 $40,000,000; or

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

14 $134,528,000 shall be from intra-District

15 funds).

16 (2) ENFORCEMENT.—The Chief Financial Offi17 cer of the District of Columbia and the District of

18 Columbia Financial Responsibility and Management

19 Assistance Authority shall take such steps as are

20 necessary to assure that the District of Columbia

21 meets the requirements of this section, including the

22 apportioning by the Chief Financial Officer of the

23 appropriations and funds made available to the Dis24 trict during fiscal year 1997.
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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-
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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,
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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.
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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 Ω11æCHIEF FINANCIAL OFFICER POWERS DURING

19 CONTROL 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:
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1 (a) the heads and all personnel of the following

2 offices, together with all other District of Columbia

3 executive branch accounting, budget, and financial

4 management personnel, shall be appointed by, shall

5 serve at the pleasure of, and shall act under the di6 rection and control of the Chief Financial Officer:

7 The Office of the Treasurer.

8 The Controller of the District of Columbia.

9 The Office of the Budget.

10 The Office of Financial Information Serv11 ices.

12 The Department of Finance and Revenue.

13 The District of Columbia Financial Responsibility

14 and Management Assistance Authority established

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

16 1995, may remove such individuals from office for

17 cause, after consultation with the Mayor and the

18 Chief Financial Officer.

19 (b) The Chief Financial Officer shall prepare

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

21 budget of the District of Columbia under part D of

22 title IV of the District of Columbia Self-Government

23 and Governmental Reorganization Act of 1973, ap24 proved December 24, 1973 (87 Stat. 774; Public

25 Law 93–198), as amended, for each fiscal year oc-
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1 curring during a control period in effect under sub2 title A of title II of the District of Columbia Finan3 cial Responsibility and Management Assistance Act

4 of 1995, annual estimates of the expenditures and

5 appropriations necessary for the operation of the Of6 fice of the Chief Financial Officer for the year. All

7 such estimates shall be forwarded by the Mayor to

8 the Council of the District of Columbia for its action

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

10 of Columbia Self-Government and Governmental Re11 organization Act, Public Law 93–198, approved De12 cember 24, 1973, without revision but subject to rec13 ommendations. Notwithstanding any other provi14 sions of the District of Columbia Self-Government

15 and Governmental Reorganization Act, Public Law

16 93–198, approved December 24, 1973, the Council

17 may comment or make recommendations concerning

18 such estimates, but shall have no authority to revise

19 such estimates.

20 CHIEF FINANCIAL OFFICER POWERS DURING CONTROL

21 PERIODS

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

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

24 II of the District of Columbia Financial Responsibility and

25 Management Assistance Act of 1995 the following shall

26 apply:
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1 (a) the heads and all personnel of the following

2 offices, together with all other District of Columbia

3 accounting, budget, and financial management per4 sonnel, (except legislative and judicial personnel)

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

6 and shall act under the direction and control of the

7 Chief Financial Officer:

8 The Office of the Treasurer.

9 The Controller of the District of Columbia.

10 The Office of the Budget.

11 The Office of Financial Information Serv12 ices.

13 The Department of Finance and Revenue.

14 The District of Columbia Financial Responsibility

15 and Management Assistance Authority established

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

17 1995, may remove such individuals from office for

18 cause, after consultation with the Mayor and the

19 Chief Financial Officer.

20 (b) The Chief Financial Officer shall prepare

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

22 budget of the District of Columbia under part D of

23 title IV of the District of Columbia Self-Government

24 and Governmental Reorganization Act of 1973, ap25 proved December 24, 1973 (87 Stat. 774; Public Law
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1 93–198), as amended, for each fiscal year occurring

2 during a control period in effect under subtitle A of

3 title II of the District of Columbia Financial Respon4 sibility and Management Assistance Act of 1995, an5 nual estimates of the expenditures and appropriations

6 necessary for the operation of the Office of the Chief

7 Financial Officer for the year. All such estimates

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

9 District of Columbia for its action pursuant to sec10 tions 446 and 603(c) of the District of Columbia Self11 Government and Governmental Reorganization Act,

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

13 without revision but subject to recommendations. Not14 withstanding any other provisions of the District of

15 Columbia Self-Government and Governmental Reor16 ganization Act, Public Law 93–198, approved Decem17 ber 24, 1973, the Council may comment or make rec18 ommendations concerning such estimates, but shall

19 have no authority to revise such estimates.

20 POLICE AND FIRE FIGHTER DISABILITY RETIREMENTS

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

22 Fire and Emergency Medical Services members with less

23 than 20 years of departmental service who were hired be24 fore February 14, 1980, and who retire on disability be25 fore the end of calendar year 1997 shall be excluded from

26 the computation of the rate of disability retirements under
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1 subsection 145(a) of the District of Columbia Retirement

2 Reform Act of 1979 (93 Stat. 882; D.C. Code, sec. 1–

3 725(a)), for purposes of reducing the authorized Federal

4 payment to the District of Columbia Police Officers and

5 Fire Fighters’ Retirement Fund pursuant to subsection

6 145(c) of the District of Columbia Retirement Reform Act

7 of 1979.

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

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

10 paid by the District of Columbia Retirement Board, and

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

12 section 144(d) of the District of Columbia Retirement Re13 form Act of 1979 (Public Law 96–122, approved Novem14 ber 17, 1979; D.C. Code, secs. 1–722(d) and 1–724(d).

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

16 after the Mayor transmits the actuarial report required

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

18 Reform Act of 1979 (Public Law 96–122, approved No19 vember 17, 1979) to the District of Columbia Retirement

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

21 the President pro tempore of the Senate.

22 SEC. 144. (a) Section 451(c)(3) of the District of Co23 lumbia Self-Government and Governmental Reorganiza24 tion Act, approved December 24, 1973 (87 Stat. 803; D.C.
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1 Code, sec. 1–1130(c)(3)), is amended by striking the word

2 ‘‘section’’ and inserting the word ‘‘subsection’’ in its place.

3 DISTRICT OF COLUMBIA SCHOOL REFORM

4 SEC. 145. Section 2204(c)(2) of the District of Co5 lumbia School Reform Act of 1995 (Public Law 104–134)

6 is amended to read as follows:

7 ‘‘(2) TUITION, FEES, AND PAYMENTS.—

8 ‘‘(A) PROHIBITION.—A public charter

9 school may not, with respect to any student

10 other than a nonresident student, charge tui11 tion, impose fees, or otherwise require payment

12 for participation in any program, educational

13 offering, or activity that—

14 ‘‘(i) enrolls students in any grade

15 from kindergarten through grade 12; or

16 ‘‘(ii) is funded in whole or part

17 through an annual local appropriation.

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

19 may impose fees or otherwise require payment,

20 at rates established by the Board of Trustees of

21 the school, for any program, educational offer22 ing, or activity not described in clause (i) or (ii)

23 of subparagraph (A), including adult education

24 programs, or for field trips or similar activi25 ties.’’.
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1 SEC. 146. (a) COMPLIANCE WITH BUY AMERICAN

2 ACT.—None of the funds made available in this Act may

3 be expended by an entity unless the entity agrees that in

4 expending the funds the entity will comply with the Buy

5 American Act (41 U.S.C. 10a–10c).

6 (b) SENSE OF CONGRESS; REQUIREMENT REGARD7 ING NOTICE.—

8 (1) PURCHASE OF AMERICAN-MADE EQUIPMENT

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

10 product that may be authorized to be purchased

11 with financial assistance provided using funds made

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

13 that entities receiving the assistance should, in ex14 pending the assistance, purchase only American15 made equipment and products to the greatest extent

16 practicable.

17 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—

18 In providing financial assistance using funds made

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

20 Federal or District of Columbia government shall

21 provide to each recipient of the assistance a notice

22 describing the statement made in paragraph (1) by

23 the Congress.

24 (c) PROHIBITION OF CONTRACTS WITH PERSONS

25 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
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1 If it has been finally determined by a court or Federal

2 agency that any person intentionally affixed a label bear3 ing a ‘‘Made in America’’ inscription, or any inscription

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

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

6 States, the person shall be ineligible to receive any con7 tract or subcontract made with funds made available in

8 this Act, pursuant to the debarment, suspension, and ineli9 gibility procedures described in sections 9.400 through

10 9.409 of title 48, Code of Federal Regulations.

11 Ω12æSEC. 147. Notwithstanding any other law, the

12 District of Columbia Housing Finance Agency, established

13 by section 210 of the District of Columbia Housing Finance

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

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

16 advanced by the District government (including accrued in17 terest thereon) pursuant to Congressional appropriations

18 for fiscal years 1980 through 1992.

19 Ω13æSEC. 148. Section 2561(b) of the District of Co20 lumbia School Reform Act of 1995 (Public Law 104–134)

21 is amended to read as follows:

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

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

24 and Executive Order 11246.’’
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1 Ω14æSEC. 149. ENERGY AND WATER SAVINGS AT DIS2 TRICT OF COLUMBIA FACILITIES.—

3 (a) REDUCTION IN FACILITY ENERGY COSTS AND

4 WATER CONSUMPTION.—

5 IN GENERAL.—The Director of the District

6 of Columbia Office of Energy shall, subject to the

7 contract approval provisions of Public Law 104–

8 8—

9 (A) develop a comprehensive plan to

10 identify and accomplish energy conservation

11 measures to achieve maximum cost-effective

12 energy and water savings;

13 (B) enter into innovative financing

14 and contractual mechanisms including, but

15 not limited to utility demand-side manage16 ment programs and energy savings perform17 ance contracts and water conservation per18 formance contracts: Provided, That the

19 terms of such contracts do not exceed twen20 ty-five years; and

21 (C) permit and encourage each depart22 ment or agency and other instrumentality

23 of the District of Columbia to participate in

24 programs conducted by any gas, electric or

25 water utility of the management of elec-
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1 tricity or gas demand or for energy or

2 water and conservation.

3 This Act may be cited as the District of Columbia

4 Appropriations Act, 1997.

Passed the House of Representatives July 26, 1996.

Attest: ROBIN H. CARLE,

Clerk.

Passed the Senate July 25, 1996.

Attest: KELLY D. JOHNSTON,

Secretary.