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appropriation title shall be available only for the specific
projects and purposes intended: Provided further, That
notwithstanding the foregoing, all authorizations for cap-
ital outlay projects, except those projects covered by the
first sentence of section 23(a) of the Federal-Aid Highway
Act of 1968, approved August 23, 1968 (82 Stat. 827;
Public Law 90–495; D.C. Code, sec. 7–134, note), for
which funds are provided by this appropriation title, shall
expire on September 30, 1998, except authorizations for
projects as to which funds have been obligated in whole
or in part prior to September 30, 1998: Provided further,
That upon expiration of any such project authorization the
funds provided herein for the project shall lapse.
WATER AND SEWER ENTERPRISE FUND
For the Water and Sewer Enterprise Fund,
$221,362,000 from other funds of which $41,833,000
shall be apportioned and payable to the debt service fund
for repayment of loans and interest incurred for capital
improvement projects.
LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND
For the Lottery and Charitable Games Enterprise
Fund, established by the District of Columbia Appropria-
tion Act for the fiscal year ending September 30, 1982,
approved December 4, 1981 (95 Stat. 1174, 1175; Public
Law 97–91), as amended, for the purpose of implementing
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the Law to Legalize Lotteries, Daily Numbers Games, and
Bingo and Raffles for Charitable Purposes in the District
of Columbia, effective March 10, 1981 (D.C. Law 3–172;
D.C. Code, secs. 2–2501 et seq. and 22–1516 et seq.),
$247,900,000 and 100 full-time equivalent positions (in-
cluding $7,850,000 and 100 full-time equivalent positions
for administrative expenses and $240,050,000 for non-ad-
ministrative expenses from revenue generated by the Lot-
tery Board), to be derived from non-Federal District of
Columbia revenues: Provided, That the District of Colum-
bia shall identify the source of funding for this appropria-
tion title from the District’s own locally-generated reve-
nues: Provided further, That no revenues from Federal
sources shall be used to support the operations or activi-
ties of the Lottery and Charitable Games Control Board.
CABLE TELEVISION ENTERPRISE FUND
For the Cable Television Enterprise Fund, estab-
lished by the Cable Television Communications Act of
1981, effective October 22, 1983 (D.C. Law 5–36; D.C.
Code, sec. 43–1801 et seq.), $2,511,000 and 8 full-time
equivalent positions (including $2,179,000 and 8 full-time
equivalent positions from local funds and $332,000 from
other funds).
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STARPLEX FUND
For the Starplex Fund, $8,717,000 from other funds
for expenses incurred by the Armory Board in the exercise
of its powers granted by An Act To Establish A District
of Columbia Armory Board, and for other purposes, ap-
proved June 4, 1948 (62 Stat. 339; D.C. Code, sec. 2–
301 et seq.) and the District of Columbia Stadium Act
of 1957, approved September 7, 1957 (71 Stat. 619; Pub-
lic Law 85–300; D.C. Code, sec. 2–321 et seq.): Provided,
That the Mayor shall submit a budget for the Armory
Board for the forthcoming fiscal year as required by sec-
tion 442(b) of the District of Columbia Self-Government
and Governmental Reorganization Act, approved Decem-
ber 24, 1973 (87 Stat. 824; Public Law 93–198; D.C.
Code, sec. 47–301(b)).
D.C. GENERAL HOSPITAL
For the District of Columbia General Hospital, estab-
lished by Reorganization Order No. 57 of the Board of
Commissioners, effective August 15, 1953, $112,419,000
of which $59,735,000 shall be derived by transfer from
the general fund and $52,684,000 shall be derived from
other funds.
D.C. RETIREMENT BOARD
For the D.C. Retirement Board, established by sec-
tion 121 of the District of Columbia Retirement Reform
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Act of 1989, approved November 17, 1979 (93 Stat. 866;
D.C. Code, sec. 1–711), $16,667,000 and 13 full-time
equivalent positions from the earnings of the applicable
retirement funds to pay legal, management, investment,
and other fees and administrative expenses of the District
of Columbia Retirement Board: Provided, That the Dis-
trict of Columbia Retirement Board shall provide to the
Congress and to the Council of the District of Columbia
a quarterly report of the allocations of charges by fund
and of expenditures of all funds: Provided further, That
the District of Columbia Retirement Board shall provide
the Mayor, for transmittal to the Council of the District
of Columbia, an item accounting of the planned use of ap-
propriated funds in time for each annual budget submis-
sion and the actual use of such funds in time for each
annual audited financial report.
CORRECTIONAL INDUSTRIES FUND
For the Correctional Industries Fund, established by
the District of Columbia Correctional Industries Estab-
lishment Act, approved October 3, 1964 (78 Stat. 1000;
Public Law 88–622), $3,052,000 and 50 full-time equiva-
lent positions from other funds.
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WASHINGTON CONVENTION CENTER ENTERPRISE FUND
For the Washington Convention Center Enterprise
Fund, $47,996,000 of which $5,400,000 shall be derived
by transfer from the general fund.
DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY
AND MANAGEMENT ASSISTANCE AUTHORITY
For the District of Columbia Financial Responsibility
and Management Assistance Authority, established by sec-
tion 101(a) of the District of Columbia Financial Respon-
sibility and Management Assistance Act of 1995, approved
April 17, 1995 (109 Stat. 97; Public Law 104–8),
$3,400,000.
GENERAL PROVISIONS
SEC. 101. The expenditure of any appropriation
under this Act for any consulting service through procure-
ment contract, pursuant to 5 U.S.C. 3109, shall be limited
to those contracts where such expenditures are a matter
of public record and available for public inspection, except
where otherwise provided under existing law, or under ex-
isting Executive order issued pursuant to existing law.
SEC. 102. Except as otherwise provided in this Act,
all vouchers covering expenditures of appropriations con-
tained in this Act shall be audited before payment by the
designated certifying official and the vouchers as approved
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shall be paid by checks issued by the designated disbursing
official.
SEC. 103. Whenever in this Act, an amount is speci-
fied within an appropriation for particular purposes or ob-
jects of expenditure, such amount, unless otherwise speci-
fied, shall be considered as the maximum amount that
may be expended for said purpose or object rather than
an amount set apart exclusively therefor.
SEC. 104. Appropriations in this Act shall be avail-
able, when authorized by the Mayor, for allowances for
privately-owned automobiles and motorcycles used for the
performance of official duties at rates established by the
Mayor: Provided, That such rates shall not exceed the
maximum prevailing rates for such vehicles as prescribed
in the Federal Property Management Regulations 101–7
(Federal Travel Regulations).
SEC. 105. Appropriations in this Act shall be avail-
able for expenses of travel and for the payment of dues
of organizations concerned with the work of the District
of Columbia government, when authorized by the Mayor:
Provided, That the Council of the District of Columbia
and the District of Columbia Courts may expend such
funds without authorization by the Mayor.
SEC. 106. There are appropriated from the applicable
funds of the District of Columbia such sums as may be
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necessary for making refunds and for the payment of
judgments that have been entered against the District of
Columbia government: Provided, That nothing contained
in this section shall be construed as modifying or affecting
the provisions of section 11(c)(3) of title XII of the Dis-
trict of Columbia Income and Franchise Tax Act of 1947,
approved March 31, 1956 (70 Stat. 78; Public Law 84–
460; D.C. Code, sec. 47–1812.11(c)(3)).
SEC. 107. Appropriations in this Act shall be avail-
able for the payment of public assistance without reference
to the requirement of section 544 of the District of Colum-
bia Public Assistance Act of 1982, effective April 6, 1982
(D.C. Law 4–101; D.C. Code, sec. 3–205.44), and for the
non-Federal share of funds necessary to qualify for Fed-
eral assistance under the Juvenile Delinquency Prevention
and Control Act of 1968, approved July 31, 1968 (82
Stat. 462; Public Law 90–445; 42 U.S.C. 3801 et seq.).
SEC. 108. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 109. No funds appropriated in this Act for the
District of Columbia government for the operation of edu-
cational institutions, the compensation of personnel, or for
other educational purposes may be used to permit, encour-
age, facilitate, or further partisan political activities.
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Nothing herein is intended to prohibit the availability of
school buildings for the use of any community or partisan
political group during non-school hours.
SEC. 110. None of the funds appropriated in this Act
shall be made available to pay the salary of any employee
of the District of Columbia government whose name, title,
grade, salary, past work experience, and salary history are
not available for inspection by the House and Senate Com-
mittees on Appropriations, the Subcommittee on the Dis-
trict of Columbia of the House Committee on Government
Reform and Oversight, the Subcommittee on Oversight of
Government Management and the District of Columbia of
the Senate Committee on Governmental Affairs, and the
Council of the District of Columbia, or their duly author-
ized representative.
SEC. 111. There are appropriated from the applicable
funds of the District of Columbia such sums as may be
necessary for making payments authorized by the District
of Columbia Revenue Recovery Act of 1977, effective Sep-
tember 23, 1977 (D.C. Law 2–20; D.C. Code, sec. 47–
421 et seq.).
SEC. 112. No part of this appropriation shall be used
for publicity or propaganda purposes or implementation
of any policy including boycott designed to support or de-
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feat legislation pending before Congress or any State legis-
lature.
SEC. 113. At the start of the fiscal year, the Mayor
shall develop an annual plan, by quarter and by project,
for capital outlay borrowings: Provided, That within a rea-
sonable time after the close of each quarter, the Mayor
shall report to the Council of the District of Columbia and
the Congress the actual borrowings and spending progress
compared with projections.
SEC. 114. The Mayor shall not borrow any funds for
capital projects unless the Mayor has obtained prior ap-
proval from the Council of the District of Columbia, by
resolution, identifying the projects and amounts to be fi-
nanced with such borrowings.
SEC. 115. The Mayor shall not expend any moneys
borrowed for capital projects for the operating expenses
of the District of Columbia government.
SEC. 116. None of the funds appropriated by this Act
may be obligated or expended by reprogramming except
pursuant to advance approval of the reprogramming
granted according to the procedure set forth in the Joint
Explanatory Statement of the Committee of Conference
(House Report No. 96–443), which accompanied the Dis-
trict of Columbia Appropriation Act, 1980, approved Octo-
ber 30, 1979 (93 Stat. 713; Public Law 96–93), as modi-
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fied in House Report No. 98–265, and in accordance with
the Reprogramming Policy Act of 1980, effective Septem-
ber 16, 1980 (D.C. Law 3–100; D.C. Code, sec. 47–361
et seq.): Provided, That for the fiscal year ending Septem-
ber 30, 1997 the above shall apply except as modified by
Public Law 104–8.
SEC. 117. None of the Federal funds provided in this
Act shall be obligated or expended to provide a personal
cook, chauffeur, or other personal servants to any officer
or employee of the District of Columbia.
SEC. 118. None of the Federal funds provided in this
Act shall be obligated or expended to procure passenger
automobiles as defined in the Automobile Fuel Efficiency
Act of 1980, approved October 10, 1980 (94 Stat. 1824;
Public Law 96–425; 15 U.S.C. 2001(2)), with an Environ-
mental Protection Agency estimated miles per gallon aver-
age of less than 22 miles per gallon: Provided, That this
section shall not apply to security, emergency rescue, or
armored vehicles.
SEC. 119. (a) Notwithstanding section 422(7) of the
District of Columbia Self-Government and Governmental
Reorganization Act of 1973, approved December 24, 1973
(87 Stat. 790; Public Law 93–198; D.C. Code, sec. 1–
242(7)), the City Administrator shall be paid, during any
fiscal year, a salary at a rate established by the Mayor,
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not to exceed the rate established for level IV of the Exec-
utive Schedule under 5 U.S.C. 5315.
(b) For purposes of applying any provision of law lim-
iting the availability of funds for payment of salary or pay
in any fiscal year, the highest rate of pay established by
the Mayor under subsection (a) of this section for any po-
sition for any period during the last quarter of calendar
year 1996 shall be deemed to be the rate of pay payable
for that position for September 30, 1996.
(c) Notwithstanding section 4(a) of the District of
Columbia Redevelopment Act of 1945, approved August
2, 1946 (60 Stat. 793; Public Law 79–592; D.C. Code,
sec. 5–803(a)), the Board of Directors of the District of
Columbia Redevelopment Land Agency shall be paid, dur-
ing any fiscal year, per diem compensation at a rate estab-
lished by the Mayor.
SEC. 120. Notwithstanding any other provisions of
law, the provisions of the District of Columbia Govern-
ment Comprehensive Merit Personnel Act of 1978, effec-
tive March 3, 1979 (D.C. Law 2–139; D.C. Code, sec. 1–
601.1 et seq.), enacted pursuant to section 422(3) of the
District of Columbia Self-Government and Governmental
Reorganization Act of 1973, approved December 24, 1973
(87 Stat. 790; Public Law 93–198; D.C. Code, sec. 1–
242(3)), shall apply with respect to the compensation of
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District of Columbia employees: Provided, That for pay
purposes, employees of the District of Columbia govern-
ment shall not be subject to the provisions of title 5, Unit-
ed States Code.
SEC. 121. The Director of the Department of Admin-
istrative Services may pay rentals and repair, alter, and
improve rented premises, without regard to the provisions
of section 322 of the Economy Act of 1932 (Public Law
72–212; 40 U.S.C. 278a), based upon a determination by
the Director, that by reason of circumstances set forth in
such determination, the payment of these rents and the
execution of this work, without reference to the limitations
of section 322, is advantageous to the District in terms
of economy, efficiency, and the District’s best interest.
SEC. 122. No later than 30 days after the end of the
first quarter of the fiscal year ending September 30, 1997,
the Mayor of the District of Columbia shall submit to the
Council of the District of Columbia the new fiscal year
1997 revenue estimates as of the end of the first quarter
of fiscal year 1997. These estimates shall be used in the
budget request for the fiscal year ending September 30,
1998. The officially revised estimates at midyear shall be
used for the midyear report.
SEC. 123. No sole source contract with the District
of Columbia government or any agency thereof may be re-
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newed or extended without opening that contract to the
competitive bidding process as set forth in section 303 of
the District of Columbia Procurement Practices Act of
1985, effective February 21, 1986 (D.C. Law 6–85; D.C.
Code, sec. 1–1183.3), except that the District of Columbia
Public Schools may renew or extend sole source contracts
for which competition is not feasible or practical, provided
that the determination as to whether to invoke the com-
petitive bidding process has been made in accordance with
duly promulgated Board of Education rules and proce-
dures.
SEC. 124. For purposes of the Balanced Budget and
Emergency Deficit Control Act of 1985, approved Decem-
ber 12, 1985 (99 Stat. 1037; Public Law 99–177), as
amended, the term ‘‘program, project, and activity’’ shall
be synonymous with and refer specifically to each account
appropriating Federal funds in this Act, and any seques-
tration order shall be applied to each of the accounts rath-
er than to the aggregate total of those accounts: Provided,
That sequestration orders shall not be applied to any ac-
count that is specifically exempted from sequestration by
the Balanced Budget and Emergency Deficit Control Act
of 1985, approved December 12, 1985 (99 Stat. 1037;
Public Law 99–177), as amended.
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SEC. 125. In the event a sequestration order is issued
pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985, approved December 12, 1985 (99
Stat. 1037: Public Law 99–177), as amended, after the
amounts appropriated to the District of Columbia for the
fiscal year involved have been paid to the District of Co-
lumbia, the Mayor of the District of Columbia shall pay
to the Secretary of the Treasury, within 15 days after re-
ceipt of a request therefor from the Secretary of the
Treasury, such amounts as are sequestered by the order:
Provided, That the sequestration percentage specified in
the order shall be applied proportionately to each of the
Federal appropriation accounts in this Act that are not
specifically exempted from sequestration by the Balanced
Budget and Emergency Deficit Control Act of 1985, ap-
proved December 12, 1985 (99 Stat. 1037; Public Law
99–177), as amended.
SEC. 126. Nothing in this Act shall be construed to
authorize any office, agency or entity to expend funds for
programs or functions for which a reorganization plan is
required but has not been approved by the Council pursu-
ant to section 422(12) of the District of Columbia Self-
Government and Governmental Reorganization Act of
1973, approved December 24, 1973 (87 Stat. 790; Public
Law 93–198; D.C. Code, sec. 1–242(12)) and the Govern-
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mental Reorganization Procedures Act of 1981, effective
October 17, 1981 (D.C. Law 4–42; D.C. Code, secs. 1–
299.1 to 1–299.7). Appropriations made by this Act for
such programs or functions are conditioned on the ap-
proval by the Council, prior to October 1, 1996, of the
required reorganization plans.
SEC. 127. (a) An entity of the District of Columbia
government may accept and use a gift or donation during
fiscal year 1997 if—
(1) the Mayor approves the acceptance and use
of the gift or donation: Provided, That the Council
of the District of Columbia may accept and use gifts
without prior approval by the Mayor; and
(2) the entity uses the gift or donation to carry
out its authorized functions or duties.
(b) Each entity of the District of Columbia govern-
ment shall keep accurate and detailed records of the ac-
ceptance and use of any gift or donation under subsection
(a) of this section, and shall make such records available
for audit and public inspection.
(c) For the purposes of this section, the term ‘‘entity
of the District of Columbia government’’ includes an inde-
pendent agency of the District of Columbia.
(d) This section shall not apply to the District of Co-
lumbia Board of Education, which may, pursuant to the
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laws and regulations of the District of Columbia, accept
and use gifts to the public schools without prior approval
by the Mayor.
SEC. 128. None of the Federal funds provided in this
Act may be used by the District of Columbia to provide
for salaries, expenses, or other costs associated with the
offices of United States Senator or United States Rep-
resentative under section 4(d) of the District of Columbia
Statehood Constitutional Convention Initiatives of 1979,
effective March 10, 1981 (D.C. Law 3–171; D.C. Code,
sec. 1–113(d)).
PROHIBITION AGAINST USE OF FUNDS FOR ABORTIONS
Ω6æSEC. 129. None of the funds appropriated under
this Act shall be expended for any abortion except where
the life of the mother would be endangered if the fetus
were carried to term or where the pregnancy is the result
of an act of rape or incest.
SEC. 129. None of the Federal funds appropriated
under this Act shall be expended for any abortion except
where the life of the mother would be endangered if the fetus
were carried to term or where the pregnancy is the result
of an act of rape or incest.
PROHIBITION ON DOMESTIC PARTNERS ACT
Ω7æSEC. 130. No funds made available pursuant to
any provision of this Act shall be used to implement or
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enforce any system of registration of unmarried, cohabit-
ing couples whether they are homosexual, lesbian, or het-
erosexual, including but not limited to registration for the
purpose of extending employment, health, or governmental
benefits to such couples on the same basis that such bene-
fits are extended to legally married couples; nor shall any
funds made available pursuant to any provision of this Act
otherwise be used to implement or enforce D.C. Act 9–
188, signed by the Mayor of the District of Columbia on
April 15, 1992.
SEC. 130. No Federal funds made available pursuant
to any provision of this Act shall be used to implement or
enforce any system of registration of unmarried, cohabitat-
ing couples whether they are homosexual, lesbian, or hetero-
sexual, including but not limited to registration for the pur-
pose of extending employment, health, or governmental ben-
efits to such couples on the same basis that such benefits
are extended to legally married couples; nor shall any Fed-
eral funds made available pursuant to any provision of this
Act otherwise be used to implement or enforce D.C. Act 9–
188, signed by the Mayor of the District of Columbia on
April 15, 1992.
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COMPENSATION OF MEMBERS OF JUDICIAL NOMINATION
COMMISSION
SEC. 131. (a) IN GENERAL.—Effective as if included
in the enactment of the District of Columbia Appropria-
tions Act, 1996, section 434(b)(5) of the District of Co-
lumbia Self-Government and Governmental Reorganiza-
tion Act is amended to read as follows:
‘‘(5) Members of the Commission shall serve without
compensation for services rendered in connection with
their official duties on the Commission.’’.
(b) CONFORMING AMENDMENT.—Section 133(b) of
the District of Columbia Appropriations Act, 1996 is here-
by repealed, and the provision of law amended by such
section is hereby restored as if such section had not been
enacted into law.
MONTHLY REPORTING REQUIREMENTS—BOARD OF
EDUCATION
SEC. 132. The Board of Education shall submit to
the Congress, the Mayor, Ω8æthe District of Columbia Fi-
nancial Responsibility and Management Assistance Author-
ity, and the Council of the District of Columbia no later
than fifteen (15) calendar days after the end of each
month a report that sets forth—
(1) current month expenditures and obligations,
year-to-date expenditures and obligations, and total
fiscal year expenditure projections vs. budget broken
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(5) all reprogramming requests and reports
that are required to be, and have been, submitted to
the Board of Education; and
(6) changes made in the last month to the orga-
nizational structure of the D.C. Public Schools, dis-
playing previous and current control centers and re-
sponsibility centers, the names of the organizational
entities that have been changed, the name of the
staff member supervising each entity affected, and
the reasons for the structural change.
MONTHLY REPORTING REQUIREMENTS
UNIVERSITY OF THE DISTRICT OF COLUMBIA
SEC. 133. The University of the District of Columbia
shall submit to the Congress, the Mayor, Ω9æthe District
of Columbia Financial Responsibility and Management As-
sistance Authority, and the Council of the District of Co-
lumbia no later than fifteen (15) calendar days after the
end of each month a report that sets forth—
(1) current month expenditures and obligations,
year-to-date expenditures and obligations, and total
fiscal year expenditure projections vs. budget broken
out on the basis of control center, responsibility cen-
ter, and object class, and for all funds, non-appro-
priated funds, and capital financing;
(2) a breakdown of FTE positions and all em-
ployees for the most current pay period broken out
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on the basis of control center and responsibility cen-
ter, for all funds, including capital funds;
(3) a list of each account for which spending is
frozen and the amount of funds frozen, broken out
by control center, responsibility center, detailed ob-
ject, and for all funding sources;
(4) a list of all active contracts in excess of
$10,000 annually, which contains the name of each
contractor; the budget to which the contract is
charged broken out on the basis of control center
and responsibility center, and contract identifying
codes used by the University of the District of Co-
lumbia; payments made in the last month and year-
to-date, the total amount of the contract and total
payments made for the contract and any modifica-
tions, extensions, renewals; and specific modifica-
tions made to each contract in the last month;
(5) all reprogramming requests and reports
that have been made by the University of the Dis-
trict of Columbia within the last month in compli-
ance with applicable law; and
(6) changes made in the last month to the orga-
nizational structure of the University of the District
of Columbia, displaying previous and current control
centers and responsibility centers, the names of the
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organizational entities that have been changed, the
name of the staff member supervising each entity af-
fected, and the reasons for the structural change.
ANNUAL REPORTING REQUIREMENTS
SEC. 134. (a) The Board of Education of the District
of Columbia and the University of the District of Colum-
bia shall annually compile an accurate and verifiable re-
port on the positions and employees in the public school
system and the university, respectively. The annual report
shall set forth—
(1) the number of validated schedule A posi-
tions in the District of Columbia Public Schools and
the University of the District of Columbia for fiscal
year 1996, fiscal year 1997, and thereafter on a full-
time equivalent basis, including a compilation of all
positions by control center, responsibility center,
funding source, position type, position title, pay
plan, grade, and annual salary; and
(2) a compilation of all employees in the Dis-
trict of Columbia Public Schools and the University
of the District of Columbia as of the preceding De-
cember 31, verified as to its accuracy in accordance
with the functions that each employee actually per-
forms, by control center, responsibility center, agen-
cy reporting code, program (including funding
source), activity, location for accounting purposes,
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job title, grade and classification, annual salary, and
position control number.
(b) SUBMISSION.—The annual report required by
subsection (a) of this section shall be submitted to the
Congress, the Mayor, the District of Columbia Council,
the Consensus Commission, and the Authority, not later
than February 15 of each year.
ANNUAL BUDGETS AND BUDGET REVISIONS
SEC. 135. (a) No later than October 1, 1996, or with-
in 15 calendar days after the date of the enactment of
the District of Columbia Appropriations Act, 1997, which-
ever occurs later, and each succeeding year, the Board of
Education and the University of the District of Columbia
shall submit to the appropriate congressional committees,
the Mayor, the District of Columbia Council, the Consen-
sus Commission, and the District of Columbia Financial
Responsibility and Management Assistance Authority, a
revised appropriated funds operating budget for the public
school system and the University of the District of Colum-
bia for such fiscal year that is in the total amount of the
approved appropriation and that realigns budgeted data
for personal services and other-than-personal services, re-
spectively, with anticipated actual expenditures.
(b) The revised budget required by subsection (a) of
this section shall be submitted in the format of the budget
that the Board of Education and the University of the
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District of Columbia submit to the Mayor of the District
of Columbia for inclusion in the Mayor’s budget submis-
sion to the Council of the District of Columbia pursuant
to section 442 of the District of Columbia Self-Govern-
ment and Governmental Reorganization Act, Public Law
93–198, as amended (D.C. Code, sec. 47–301).
EDUCATIONAL BUDGET APPROVAL
SEC. 136. The Board of Education, the Board of
Trustees of the University of the District of Columbia, the
Board of Library Trustees, and the Board of Governors
of the D.C. School of Law shall vote on and approve their
respective annual or revised budgets before submission to
the Mayor of the District of Columbia for inclusion in the
Mayor’s budget submission to the Council of the District
of Columbia in accordance with section 442 of the District
of Columbia Self-Government and Governmental Reorga-
nization Act, Public Law 93–198, as amended (D.C. Code,
sec. 47–301), or before submitting their respective budgets
directly to the Council.
PUBLIC SCHOOL EMPLOYEE EVALUATIONS
SEC. 137. Notwithstanding any other provision of
law, rule, or regulation, the evaluation process and instru-
ments for evaluating District of Columbia Public Schools
employees shall be a non-negotiable item for collective bar-
gaining purposes.
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MODIFICATIONS OF BOARD OF EDUCATION REDUCTION-
IN-FORCE PROCEDURES
SEC. 138. The District of Columbia Government
Comprehensive Merit Personnel Act of 1978, D.C. Code,
sec. 1–601.1 et seq.), is amended—
(1) in section 301 (D.C. Code, sec. 1–603.1)—
(A) by inserting after paragraph (13), the
following new paragraph:
‘‘(13A) The term ‘nonschool-based personnel’
means any employee of the District of Columbia
public schools who is not based at a local school or
who does not provide direct services to individual
students.’’; and
(B) by inserting after paragraph (15), the
following new paragraph:
‘‘(15A) The term ‘school administrators’ means
principals, assistant principals, school program di-
rectors, coordinators, instructional supervisors, and
support personnel of the District of Columbia public
schools.’’;
(2) in section 801A(b)(2) (D.C. Code, sec. 1–
609.1(b)(2)(L))—
(A) by striking ‘‘(L) reduction-in-force’’
and inserting ‘‘(L)(i) reduction-in-force’’; and
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(B) by inserting after subparagraph (L)(i),
the following new clause:
‘‘(ii) notwithstanding any other provi-
sion of law, the Board of Education shall
not issue rules that require or permit non-
school-based personnel or school adminis-
trators to be assigned or reassigned to the
same competitive level as classroom teach-
ers;’’; and
(3) in section 2402 (D.C. Code, sec. 1–625.2),
by adding at the end the following new subsection:
‘‘(f) Notwithstanding any other provision of law, the
Board of Education shall not require or permit nonschool-
based personnel or school administrators to be assigned
or reassigned to the same competitive level as classroom
teachers.’’.
SEC. 139. (a) Notwithstanding any other provision
of law, rule, or regulation, an employee of the District of
Columbia Public Schools shall be—
(1) classified as an Educational Service em-
ployee;
(2) placed under the personnel authority of the
Board of Education; and
(3) subject to all Board of Education rules.
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(b) School-based personnel shall constitute a separate
competitive area from nonschool-based personnel who shall
not compete with school-based personnel for retention pur-
poses.
MODIFICATION OF REDUCTION-IN-FORCE PROCEDURES
SEC. 140. (a) Section 2401 of the District of Colum-
bia Government Comprehensive Merit Personnel Act of
1978 (D.C. Code, sec. 1–625.1 et seq.) is amended by
amending the third sentence to read as follows: ‘‘A person-
nel authority may establish lesser competitive areas within
an agency on the basis of all or a clearly identifiable seg-
ment of an agency’s mission or a division or major subdivi-
sion of an agency.’’.
(b) The District of Columbia Government Com-
prehensive Merit Personnel Act of 1978 (D.C. Code, sec.
1–601.1 et seq.), as amended by section 149 of the Dis-
trict of Columbia Appropriations Act, 1996 (Public Law
104–134), is amended by adding at the end the following
new section:
‘‘SEC. 2407. ABOLISHMENT OF POSITIONS FOR FISCAL YEAR
1997.
‘‘(a) Notwithstanding any other provision of law, reg-
ulation, or collective bargaining agreement either in effect
or to be negotiated while this legislation is in effect for
the fiscal year ending September 30, 1997, each agency
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head is authorized, within the agency head’s discretion,
to identify positions for abolishment.
‘‘(b) Prior to February 1, 1997, each personnel au-
thority shall make a final determination that a position
within the personnel authority is to be abolished.
‘‘(c) Notwithstanding any rights or procedures estab-
lished by any other provision of this title, any District gov-
ernment employee, regardless of date of hire, who encum-
bers a position identified for abolishment shall be sepa-
rated without competition or assignment rights, except as
provided in this section.
‘‘(d) An employee affected by the abolishment of a
position pursuant to this section who, but for this section
would be entitled to compete for retention, shall be entitled
to one round of lateral competition pursuant to Chapter
24 of the District of Columbia Personnel Manual, which
shall be limited to positions in the employee’s competitive
level.
‘‘(e) Each employee who is a bona fide resident of
the District of Columbia shall have added 5 years to his
or her creditable service for reduction-in-force purposes.
For purposes of this subsection only, a nonresident Dis-
trict employee who was hired by the District government
prior to January 1, 1980, and has not had a break in
service since that date, or a former employee of the United
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States Department of Health and Human Services at
Saint Elizabeths Hospital who accepted employment with
the District government on October 1, 1987, and has not
had a break in service since that date, shall be considered
a District resident.
‘‘(f) Each employee selected for separation pursuant
to this section shall be given written notice of at least 30
days before the effective date of his or her separation.
‘‘(g) Neither the establishment of a competitive area
smaller than an agency, nor the determination that a spe-
cific position is to be abolished, nor separation pursuant
to this section shall be subject to review except as fol-
lows—
‘‘(1) an employee may file a complaint contest-
ing a determination or a separation pursuant to title
XV of this Act or section 303 of the Human Rights
Act of 1977, effective December 13, 1977 (D.C.
Law 2–38; D.C. Code, sec. 1–2543); and
‘‘(2) an employee may file with the Office of
Employee Appeals an appeal contesting that the sep-
aration procedures of subsections (d) and (f) of this
section were not properly applied.
‘‘(h) An employee separated pursuant to this section
shall be entitled to severance pay in accordance with title
XI of this Act, except that the following shall be included
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in computing creditable service for severance pay for em-
ployees separated pursuant to this section—
‘‘(1) four years for an employee who qualified
for veterans preference under this Act, and
‘‘(2) three years for an employee who qualified
for residency preference under this Act.
‘‘(i) Separation pursuant to this section shall not af-
fect an employee’s rights under either the Agency Reem-
ployment Priority Program or the Displaced Employee
Program established pursuant to Chapter 24 of the Dis-
trict Personnel Manual.
‘‘(j) The Mayor shall submit to the Council a listing
of all positions to be abolished by agency and responsibility
center by March 1, 1997, or upon the delivery of termi-
nation notices to individual employees.
‘‘(k) Notwithstanding the provisions of section 1708
or section 2402(d), the provisions of this Act shall not be
deemed negotiable.
‘‘(l) A personnel authority shall cause a 30-day termi-
nation notice to be served, no later than September 1,
1997, on any incumbent employee remaining in any posi-
tion identified to be abolished pursuant to subsection (b)
of this section’’.
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Ω10æCEILING ON EXPENSES AND DEFICIT
SEC. 141. (a) CEILING ON TOTAL OPERATING EX-
PENSES AND DEFICIT.—
(1) IN GENERAL.—Notwithstanding any other
provision of law, the total amount appropriated in
this Act for operating expenses for the District of
Columbia for fiscal year 1997 under the caption
‘‘DIVISION OF EXPENSES’’ shall not exceed the less-
er of—
(A) the sum of the total revenues of the
District of Columbia for such fiscal year and
$40,000,000; or
(B)
$5,108,913,000
(of
which
$134,528,000
shall
be
from
intra-District
funds).
(2) ENFORCEMENT.—The Chief Financial Offi-
cer of the District of Columbia and the District of
Columbia Financial Responsibility and Management
Assistance Authority shall take such steps as are
necessary to assure that the District of Columbia
meets the requirements of this section, including the
apportioning by the Chief Financial Officer of the
appropriations and funds made available to the Dis-
trict during fiscal year 1997.
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(b) ACCEPTANCE AND USE OF GRANTS NOT IN-
CLUDED IN CEILING.—
(1) IN GENERAL.—Notwithstanding subsection
(a), the Mayor of the District of Columbia may ac-
cept, obligate, and expend Federal, private, and
other grants received by the District government
that are not reflected in the amounts appropriated
in this Act.
(2) REQUIREMENT OF CHIEF FINANCIAL OFFI-
CER REPORT AND FINANCIAL RESPONSIBILITY AND
MANAGEMENT ASSISTANCE AUTHORITY APPROVAL.—
No such Federal, private, or other grant may be ac-
cepted, obligated, or expended pursuant to para-
graph (1) until—
(A) the Chief Financial Officer of the Dis-
trict submits to the District of Columbia Finan-
cial Responsibility and Management Assistance
Authority established by Public Law 104–8
(109 Stat. 97) a report setting forth detailed
information regarding such grant; and
(B) the District of Columbia Financial Re-
sponsibility and Management Assistance Au-
thority has reviewed and approved the accept-
ance, obligation, and expenditure of such grant
in accordance with review and approval proce-
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dures consistent with the provisions of Public
Law 104–8, the District of Columbia Financial
Responsibility and Management Assistance Act
of 1995.
(3) PROHIBITION ON SPENDING IN ANTICIPA-
TION OF APPROVAL OR RECEIPT.—No amount may
be obligated or expended from the general fund or
other funds of the District government in anticipa-
tion of the approval or receipt of a grant under
paragraph (2)(B) or in anticipation of the approval
or receipt of a Federal, private, or other grant not
subject to such paragraph.
(4) MONTHLY REPORTS.—The Chief Financial
Officer of the District shall prepare a monthly re-
port setting forth detailed information regarding all
Federal, private, and other grants subject to this
subsection. Each such report shall be submitted to
the Council of the District of Columbia, and to the
Committees on Appropriations of the House of Rep-
resentatives and the Senate, not later than 15 days
after the end of the month covered by the report.
ACCEPTANCE AND USE OF GRANTS
SEC. 141. (a) ACCEPTANCE AND USE OF GRANTS.—
(1) IN GENERAL.—The Mayor of the District of
Columbia may accept, obligate, and expend Federal,
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private, and other grants received by the District gov-
ernment that are not reflected in the amounts appro-
priated in this Act.
(2) REQUIREMENT OF CHIEF FINANCIAL OFFICER
REPORT AND FINANCIAL RESPONSIBILITY AND MAN-
AGEMENT
ASSISTANCE
AUTHORITY
APPROVAL.—No
such Federal, private, or other grant may be accepted,
obligated, or expended pursuant to paragraph (1)
until—
(A) the Chief Financial Officer of the Dis-
trict submits to the District of Columbia Finan-
cial Responsibility and Management Assistance
Authority established by Public Law 104–8 (109
Stat. 97) a report setting forth detailed informa-
tion regarding such grant; and
(B) the District of Columbia Financial Re-
sponsibility and Management Assistance Author-
ity has reviewed and approved the acceptance,
obligation, and expenditure of such grant in ac-
cordance with review and approval procedures
consistent with the provisions of Public Law
104–8, the District of Columbia Financial Re-
sponsibility and Management Assistance Act of
1995.
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(3) PROHIBITION ON SPENDING IN ANTICIPATION
OF APPROVAL OR RECEIPT.—No amount may be obli-
gated or expended from the general fund or other
funds of the District government in anticipation of
the approval or receipt of a grant under paragraph
(2)(B) or in anticipation of the approval or receipt
of a Federal, private, or other grant not subject to
such paragraph.
(4) MONTHLY REPORTS.—The Chief Financial
Officer of the District shall prepare a monthly report
setting forth detailed information regarding all Fed-
eral, private, and other grants subject to this sub-
section. Each such report shall be submitted to the
Council of the District of Columbia, and to the Com-
mittees on Appropriations of the House of Represent-
atives and the Senate, not later than 15 days after the
end of the month covered by the report.
Ω11æCHIEF FINANCIAL OFFICER POWERS DURING
CONTROL PERIODS
SEC. 142. Notwithstanding any other provision of
law, during any control period in effect under subtitle A
of title II of the District of Columbia Financial Respon-
sibility and Management Assistance Act of 1995 the fol-
lowing shall apply:
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(a) the heads and all personnel of the following
offices, together with all other District of Columbia
executive branch accounting, budget, and financial
management personnel, shall be appointed by, shall
serve at the pleasure of, and shall act under the di-
rection and control of the Chief Financial Officer:
The Office of the Treasurer.
The Controller of the District of Columbia.
The Office of the Budget.
The Office of Financial Information Serv-
ices.
The Department of Finance and Revenue.
The District of Columbia Financial Responsibility
and Management Assistance Authority established
pursuant to Public Law 104–8, approved April 17,
1995, may remove such individuals from office for
cause, after consultation with the Mayor and the
Chief Financial Officer.
(b) The Chief Financial Officer shall prepare
and submit to the Mayor, for inclusion in the annual
budget of the District of Columbia under part D of
title IV of the District of Columbia Self-Government
and Governmental Reorganization Act of 1973, ap-
proved December 24, 1973 (87 Stat. 774; Public
Law 93–198), as amended, for each fiscal year oc-
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curring during a control period in effect under sub-
title A of title II of the District of Columbia Finan-
cial Responsibility and Management Assistance Act
of 1995, annual estimates of the expenditures and
appropriations necessary for the operation of the Of-
fice of the Chief Financial Officer for the year. All
such estimates shall be forwarded by the Mayor to
the Council of the District of Columbia for its action
pursuant to sections 446 and 603(c) of the District
of Columbia Self-Government and Governmental Re-
organization Act, Public Law 93–198, approved De-
cember 24, 1973, without revision but subject to rec-
ommendations. Notwithstanding any other provi-
sions of the District of Columbia Self-Government
and Governmental Reorganization Act, Public Law
93–198, approved December 24, 1973, the Council
may comment or make recommendations concerning
such estimates, but shall have no authority to revise
such estimates.
CHIEF FINANCIAL OFFICER POWERS DURING CONTROL
PERIODS
SEC. 142. Notwithstanding any other provision of law,
during any control period in effect under subtitle A of title
II of the District of Columbia Financial Responsibility and
Management Assistance Act of 1995 the following shall
apply:
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(a) the heads and all personnel of the following
offices, together with all other District of Columbia
accounting, budget, and financial management per-
sonnel, (except legislative and judicial personnel)
shall be appointed by, shall serve at the pleasure of,
and shall act under the direction and control of the
Chief Financial Officer:
The Office of the Treasurer.
The Controller of the District of Columbia.
The Office of the Budget.
The Office of Financial Information Serv-
ices.
The Department of Finance and Revenue.
The District of Columbia Financial Responsibility
and Management Assistance Authority established
pursuant to Public Law 104–8, approved April 17,
1995, may remove such individuals from office for
cause, after consultation with the Mayor and the
Chief Financial Officer.
(b) The Chief Financial Officer shall prepare
and submit to the Mayor, for inclusion in the annual
budget of the District of Columbia under part D of
title IV of the District of Columbia Self-Government
and Governmental Reorganization Act of 1973, ap-
proved December 24, 1973 (87 Stat. 774; Public Law
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93–198), as amended, for each fiscal year occurring
during a control period in effect under subtitle A of
title II of the District of Columbia Financial Respon-
sibility and Management Assistance Act of 1995, an-
nual estimates of the expenditures and appropriations
necessary for the operation of the Office of the Chief
Financial Officer for the year. All such estimates
shall be forwarded by the Mayor to the Council of the
District of Columbia for its action pursuant to sec-
tions 446 and 603(c) of the District of Columbia Self-
Government and Governmental Reorganization Act,
Public Law 93–198, approved December 24, 1973,
without revision but subject to recommendations. Not-
withstanding any other provisions of the District of
Columbia Self-Government and Governmental Reor-
ganization Act, Public Law 93–198, approved Decem-
ber 24, 1973, the Council may comment or make rec-
ommendations concerning such estimates, but shall
have no authority to revise such estimates.
POLICE AND FIRE FIGHTER DISABILITY RETIREMENTS
SEC. 143. (a) Up to 50 police officers and up to 50
Fire and Emergency Medical Services members with less
than 20 years of departmental service who were hired be-
fore February 14, 1980, and who retire on disability be-
fore the end of calendar year 1997 shall be excluded from
the computation of the rate of disability retirements under
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Code, sec. 1–1130(c)(3)), is amended by striking the word
‘‘section’’ and inserting the word ‘‘subsection’’ in its place.
DISTRICT OF COLUMBIA SCHOOL REFORM
SEC. 145. Section 2204(c)(2) of the District of Co-
lumbia School Reform Act of 1995 (Public Law 104–134)
is amended to read as follows:
‘‘(2) TUITION, FEES, AND PAYMENTS.—
‘‘(A) 
PROHIBITION.—A 
public 
charter
school may not, with respect to any student
other than a nonresident student, charge tui-
tion, impose fees, or otherwise require payment
for participation in any program, educational
offering, or activity that—
‘‘(i) enrolls students in any grade
from kindergarten through grade 12; or
‘‘(ii) is funded in whole or part
through an annual local appropriation.
‘‘(B) EXCEPTION.—A public charter school
may impose fees or otherwise require payment,
at rates established by the Board of Trustees of
the school, for any program, educational offer-
ing, or activity not described in clause (i) or (ii)
of subparagraph (A), including adult education
programs, or for field trips or similar activi-
ties.’’.
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SEC. 146. (a) COMPLIANCE WITH BUY AMERICAN
ACT.—None of the funds made available in this Act may
be expended by an entity unless the entity agrees that in
expending the funds the entity will comply with the Buy
American Act (41 U.S.C. 10a–10c).
(b) SENSE OF CONGRESS; REQUIREMENT REGARD-
ING NOTICE.—
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—In the case of any equipment or
product that may be authorized to be purchased
with financial assistance provided using funds made
available in this Act, it is the sense of the Congress
that entities receiving the assistance should, in ex-
pending the assistance, purchase only American-
made equipment and products to the greatest extent
practicable.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—
In providing financial assistance using funds made
available in this Act, the head of each agency of the
Federal or District of Columbia government shall
provide to each recipient of the assistance a notice
describing the statement made in paragraph (1) by
the Congress.
(c) PROHIBITION
OF CONTRACTS WITH PERSONS
FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
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If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bear-
ing a ‘‘Made in America’’ inscription, or any inscription
with the same meaning, to any product sold in or shipped
to the United States that is not made in the United
States, the person shall be ineligible to receive any con-
tract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineli-
gibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
Ω12æSEC. 147. Notwithstanding any other law, the
District of Columbia Housing Finance Agency, established
by section 210 of the District of Columbia Housing Finance
Agency Act, effective March 3, 1979 (D.C. Law 2–135; D.C.
Code, sec. 45–2111) shall not be required to repay moneys
advanced by the District government (including accrued in-
terest thereon) pursuant to Congressional appropriations
for fiscal years 1980 through 1992.
Ω13æSEC. 148. Section 2561(b) of the District of Co-
lumbia School Reform Act of 1995 (Public Law 104–134)
is amended to read as follows:
‘‘(b) LIMITATION.—A waiver under subsection (a) shall
not apply to requirements under 40 U.S.C. 267a–276a–7
and Executive Order 11246.’’
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Ω14æSEC. 149. ENERGY AND WATER SAVINGS AT DIS-
TRICT OF COLUMBIA FACILITIES.—
(a) REDUCTION IN FACILITY ENERGY COSTS AND
WATER CONSUMPTION.—
IN GENERAL.—The Director of the District
of Columbia Office of Energy shall, subject to the
contract approval provisions of Public Law 104–
8—
(A) develop a comprehensive plan to
identify and accomplish energy conservation
measures to achieve maximum cost-effective
energy and water savings;
(B) enter into innovative financing
and contractual mechanisms including, but
not limited to utility demand-side manage-
ment programs and energy savings perform-
ance contracts and water conservation per-
formance contracts: Provided, That the
terms of such contracts do not exceed twen-
ty-five years; and
(C) permit and encourage each depart-
ment or agency and other instrumentality
of the District of Columbia to participate in
programs conducted by any gas, electric or
water utility of the management of elec-
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tricity or gas demand or for energy or
water and conservation.
This Act may be cited as the District of Columbia
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.