IB
Union Calendar No. 153
104TH CONGRESS
1ST SESSION
H. R. 2546
[Report No. 104–294]
Making appropriations for the government of the District of Columbia and
other activities chargeable in whole or in part against the revenues
of said District for the fiscal year ending September 30, 1996, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 26, 1995
Mr. WALSH, from the Committee on Appropriations, reported the following
bill; which was committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
A BILL
Making appropriations for the government of the District
of Columbia and other activities chargeable in whole
or in part against the revenues of said District for the
fiscal year ending September 30, 1996, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
District of Columbia for the fiscal year ending September
30, 1996, and for other purposes, namely:
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA
For payment to the District of Columbia for the fiscal
year ending September 30, 1996, $660,000,000, as au-
thorized by section 502(a) of the District of Columbia
Self-Government and Governmental Reorganization Act,
Public Law 93–198, as amended (D.C. Code, sec. 47–
3406.1).
FEDERAL CONTRIBUTION TO RETIREMENT FUNDS
For the Federal contribution to the Police Officers
and Fire Fighters’, Teachers’, and Judges’ Retirement
Funds, as authorized by the District of Columbia Retire-
ment Reform Act, approved November 17, 1979 (93 Stat.
866; Public Law 96–122), $52,000,000.
DIVISION OF EXPENSES
The following amounts are appropriated for the Dis-
trict of Columbia for the current fiscal year out of the
general fund of the District of Columbia, except as other-
wise specifically provided.
GOVERNMENTAL DIRECTION AND SUPPORT
Governmental direction and support, $149,793,000
and 1,465 full-time equivalent positions (end of year) (in-
cluding $118,167,000 and 1,125 full-time equivalent posi-
tions from local funds, $2,464,000 and 5 full-time equiva-
lent positions from Federal funds, $4,474,000 and 71 full-
time equivalent positions from other funds, and
$24,688,000 and 264 full-time equivalent positions from
intra-District funds): Provided, That not to exceed $2,500
for the Mayor, $2,500 for the Chairman of the Council
of the District of Columbia, and $2,500 for the City Ad-
ministrator shall be available from this appropriation for
expenditures for official purposes: Provided further, That
any program fees collected from the issuance of debt shall
be available for the payment of expenses of the debt man-
agement program of the District of Columbia: Provided
further, That $29,500,000 is used for pay-as-you-go cap-
ital projects of which $1,500,000 shall be used for a cap-
ital needs assessment study, and $28,000,000 shall be
used for a new financial management system of which
$2,000,000 shall be used to develop a needs analysis and
assessment of the existing financial management environ-
ment, and the remaining $26,000,000 shall be used to
procure the necessary hardware and installation of new
software, conversion, testing and training: Provided fur-
ther, That the $26,000,000 shall not be obligated or ex-
pended until: (1) the District of Columbia Financial Re-
sponsibility and Management Assistance Authority sub-
mits a report to the General Accounting Office within 90
days after the date of enactment of this Act reporting the
results of the needs analysis and assessment of the exist-
ing financial management environment, specifying the de-
ficiencies in, and recommending necessary improvements
to or replacement of the District’s financial management
system including a detailed explanation of each rec-
ommendation and its estimated cost; (2) the General Ac-
counting Office reviews the Authority’s report and for-
wards it along with such comments or recommendations
as deemed appropriate on any matter contained therein
to the Committees on Appropriations of the House and
the Senate, the Committee on Governmental Reform and
Oversight of the House, and the Committee on Govern-
mental Affairs of the Senate within 60 days from receipt
of the report; and (3) 30 days lapse after receipt by Con-
gress of the General Accounting Office’s comments or rec-
ommendations.
ECONOMIC DEVELOPMENT AND REGULATION
Economic development and regulation, $139,285,000
and 1,692 full-time equivalent positions (end-of-year) (in-
cluding $66,505,000 and 696 full-time equivalent posi-
tions from local funds, $38,792,000 and 509 full-time
equivalent positions from Federal funds, $17,658,000 and
260 full-time equivalent positions from other funds, and
$16,330,000 and 227 full-time equivalent positions from
intra-District funds): Provided, That the District of Co-
lumbia Housing Finance Agency, established by section
201 of the District of Columbia Housing Finance Agency
Act, effective March 3, 1979 (D.C. Law 2–135; D.C.
Code, sec. 45–2111), based upon its capability of repay-
ments as determined each year by the Council of the Dis-
trict of Columbia from the Housing Finance Agency’s an-
nual audited financial statements to the Council of the
District of Columbia, shall repay to the general fund an
amount equal to the appropriated administrative costs
plus interest at a rate of four percent per annum for a
term of 15 years, with a deferral of payments for the first
three years: Provided further, That notwithstanding the
foregoing provision, the obligation to repay all or part of
the amounts due shall be subject to the rights of the own-
ers of any bonds or notes issued by the Housing Finance
Agency and shall be repaid to the District of Columbia
government only from available operating revenues of the
Housing Finance Agency that are in excess of the amounts
required for debt service, reserve funds, and operating ex-
penses: Provided further, That upon commencement of the
debt service payments, such payments shall be deposited
into the general fund of the District of Columbia.
PUBLIC SAFETY AND JUSTICE
Public safety and justice, including purchase of 135
passenger-carrying vehicles for replacement only, includ-
ing 130 for police-type use and five for fire-type use, with-
out regard to the general purchase price limitation for the
current fiscal year, $954,106,000 and 11,544 full-time
equivalent positions (end-of-year) (including $930,889,000
and 11,365 full-time equivalent positions from local funds,
$8,942,000 and 70 full-time equivalent positions from
Federal funds, $5,160,000 and 4 full-time equivalent posi-
tions from other funds, and $9,115,000 and 105 full-time
equivalent positions from intra-District funds): Provided,
That the Metropolitan Police Department is authorized to
replace not to exceed 25 passenger-carrying vehicles and
the Fire Department of the District of Columbia is au-
thorized to replace not to exceed five passenger-carrying
vehicles annually whenever the cost of repair to any dam-
aged vehicle exceeds three-fourths of the cost of the re-
placement: Provided further, That not to exceed $500,000
shall be available from this appropriation for the Chief of
Police for the prevention and detection of crime: Provided
further, That the Metropolitan Police Department shall
provide quarterly reports to the Committees on Appropria-
tions of the House and Senate on efforts to increase effi-
ciency and improve the professionalism in the department:
Provided further, That notwithstanding any other provi-
sion of law, or Mayor’s Order 86–45, issued March 18,
1986, the Metropolitan Police Department’s delegated
small purchase authority shall be $500,000: Provided fur-
ther, That the District of Columbia government may not
require the Metropolitan Police Department to submit to
any other procurement review process, or to obtain the ap-
proval of or be restricted in any manner by any official
or employee of the District of Columbia government, for
purchases that do not exceed $500,000: Provided further,
That the Metropolitan Police Department shall employ an
authorized level of sworn officers not to be less than 3,800
sworn officers for the fiscal year ending September 30,
1996: Provided further, That funds appropriated for ex-
penses under the District of Columbia Criminal Justice
Act, approved September 3, 1974 (88 Stat. 1090; Public
Law 93–412; D.C. Code, sec. 11–2601 et seq.), for the
fiscal year ending September 30, 1996, shall be available
for obligations incurred under the Act in each fiscal year
since inception in the fiscal year 1975: Provided further,
That funds appropriated for expenses under the District
of Columbia Neglect Representation Equity Act of 1984,
effective March 13, 1985 (D.C. Law 5–129; D.C. Code,
sec. 16–2304), for the fiscal year ending September 30,
1996, shall be available for obligations incurred under the
Act in each fiscal year since inception in the fiscal year
1985: Provided further, That funds appropriated for ex-
penses under the District of Columbia Guardianship, Pro-
tective Proceedings, and Durable Power of Attorney Act
of 1986, effective February 27, 1987 (D.C. Law 6–204;
D.C. Code, sec. 21–2060), for the fiscal year ending Sep-
tember 30, 1996, shall be available for obligations in-
curred under the Act in each fiscal year since inception
in fiscal year 1989: Provided further, That not to exceed
$1,500 for the Chief Judge of the District of Columbia
Court of Appeals, $1,500 for the Chief Judge of the Supe-
rior Court of the District of Columbia, and $1,500 for the
Executive Officer of the District of Columbia Courts shall
be available from this appropriation for official purposes:
Provided further, That the District of Columbia shall oper-
ate and maintain a free, 24-hour telephone information
service whereby residents of the area surrounding Lorton
prison in Fairfax County, Virginia, can promptly obtain
information from District of Columbia government offi-
cials on all disturbances at the prison, including escapes,
riots, and similar incidents: Provided further, That the
District of Columbia government shall also take steps to
publicize the availability of the 24-hour telephone informa-
tion service among the residents of the area surrounding
the Lorton prison: Provided further, That not to exceed
$100,000 of this appropriation shall be used to reimburse
Fairfax County, Virginia, and Prince William County, Vir-
ginia, for expenses incurred by the counties during the fis-
cal year ending September 30, 1996, in relation to the
Lorton prison complex: Provided further, That such reim-
bursements shall be paid in all instances in which the Dis-
trict requests the counties to provide police, fire, rescue,
and related services to help deal with escapes, fires, riots,
and similar disturbances involving the prison: Provided
further, That the Mayor shall reimburse the District of
Columbia National Guard for expenses incurred in connec-
tion with services that are performed in emergencies by
the National Guard in a militia status and are requested
by the Mayor, in amounts that shall be jointly determined
and certified as due and payable for these services by the
Mayor and the Commanding General of the District of Co-
lumbia National Guard: Provided further, That such sums
as may be necessary for reimbursement to the District of
Columbia National Guard under the preceding proviso
shall be available from this appropriation, and the avail-
ability of the sums shall be deemed as constituting pay-
ment in advance for emergency services involved.
PUBLIC EDUCATION SYSTEM
Public education system, including the development
of national defense education programs, $788,983,000
and 11,670 full-time equivalent positions (end-of-year)
(including $670,833,000 and 9,996 full-time equivalent
positions from local funds, $87,385,000 and 1,227 full-
time 
equivalent 
positions 
from 
Federal 
funds,
$21,719,000 and 234 full-time equivalent positions from
other funds, and $9,046,000 and 213 full-time equivalent
positions from intra-District funds), to be allocated as fol-
lows: $577,242,000 and 10,167 full-time equivalent posi-
tions (including $494,556,000 and 9,014 full-time equiva-
lent positions from local funds, $75,786,000 and 1,058
full-time equivalent positions from Federal funds,
$4,343,000 and 44 full-time equivalent positions from
other funds, and $2,557,000 and 51 full-time equivalent
positions from intra-District funds), for the public schools
of the District of Columbia; $109,175,000 from local
funds shall be allocated for the District of Columbia
Teachers’ Retirement Fund; $79,269,000 and 1,079 full-
time equivalent positions (including $45,250,000 and 572
full-time 
equivalent 
positions 
from 
local 
funds,
$10,611,000 and 156 full-time equivalent positions from
Federal funds, $16,922,000 and 189 full-time equivalent
positions from other funds, and $6,486,000 and 162 full-
time equivalent positions from intra-District funds) for the
University of the District of Columbia; $21,062,000 and
415 full-time equivalent positions (including $20,159,000
and 408 full-time equivalent positions from local funds,
$446,000 and 6 full-time equivalent positions from Fed-
eral funds, $454,000 and 1 full-time equivalent position
from other funds, and $3,000 from intra-District funds)
for the Public Library; $2,267,000 and 9 full-time equiva-
lent positions (including $1,725,000 and 2 full-time equiv-
alent positions from local funds and $542,000 and 7 full-
time equivalent positions from Federal funds) for the
Commission on the Arts and Humanities; $64,000 from
local funds for the District of Columbia School of Law
and a reduction of $96,000 for the Education Licensure
Commission: Provided, That the public schools of the Dis-
trict of Columbia are authorized to accept not to exceed
31 motor vehicles for exclusive use in the driver education
program: Provided further, That not to exceed $2,500 for
the Superintendent of Schools, $2,500 for the President
of the University of the District of Columbia, and $2,000
for the Public Librarian shall be available from this appro-
priation for expenditures for official purposes: Provided
further, That this appropriation shall not be available to
subsidize the education of nonresidents of the District of
Columbia at the University of the District of Columbia,
unless the Board of Trustees of the University of the Dis-
trict of Columbia adopts, for the fiscal year ending Sep-
tember 30, 1996, a tuition rate schedule that will establish
the tuition rate for nonresident students at a level no
lower than the nonresident tuition rate charged at com-
parable public institutions of higher education in the met-
ropolitan area.
HUMAN SUPPORT SERVICES
Human support services, $1,845,638,000 and 6,469
full-time equivalent positions (end-of-year) (including
$1,067,516,000 and 3,650 full-time equivalent positions
from local funds, $726,685,000 and 2,639 full-time equiv-
alent positions from Federal funds, $46,763,000 and 66
full-time equivalent positions from other funds, and
$4,674,000 and 114 full-time equivalent positions from
intra-District funds): Provided, That $26,000,000 of this
appropriation, to remain available until expended, shall be
available solely for District of Columbia employees’ dis-
ability compensation: Provided further, That the District
shall not provide free government services such as water,
sewer, solid waste disposal or collection, utilities, mainte-
nance, repairs, or similar services to any legally con-
stituted private nonprofit organization (as defined in sec-
tion 411(5) of Public Law 100–77, approved July 22,
1987) providing emergency shelter services in the District,
if the District would not be qualified to receive reimburse-
ment pursuant to the Stewart B. McKinney Homeless As-
sistance Act, approved July 22, 1987 (101 Stat. 485; Pub-
lic Law 100–77; 42 U.S.C. 11301 et seq.).
PUBLIC WORKS
Public works, including rental of one passenger-car-
rying vehicle for use by the Mayor and three passenger-
carrying vehicles for use by the Council of the District of
Columbia and purchase of passenger-carrying vehicles for
replacement only, $297,326,000 and 1,914 full-time equiv-
alent positions (end-of-year) (including $225,673,000 and
1,158 full-time equivalent positions from local funds,
$2,682,000 and 32 full-time equivalent positions from
Federal funds, $18,342,000 and 68 full-time equivalent
positions from other funds, and $50,629,000 and 656 full-
time equivalent positions from intra-District funds): Pro-
vided, That this appropriation shall not be available for
collecting ashes or miscellaneous refuse from hotels and
places of business.
WASHINGTON CONVENTION CENTER FUND
For payment to the Washington Convention Center
Fund, $5,400,000 from local funds.
REPAYMENT OF LOANS AND INTEREST
For reimbursement to the United States of funds
loaned in compliance with An Act to provide for the estab-
lishment of a modern, adequate, and efficient hospital cen-
ter in the District of Columbia, approved August 7, 1946
(60 Stat. 896; Public Law 79–648); section 1 of An Act
to authorize the Commissioners of the District of Colum-
bia to borrow funds for capital improvement programs and
to amend provisions of law relating to Federal Govern-
ment participation in meeting costs of maintaining the
Nation’s Capital City, approved June 6, 1958 (72 Stat.
183; Public Law 85–451; D.C. Code, sec. 9–219); section
4 of An Act to authorize the Commissioners of the District
of Columbia to plan, construct, operate, and maintain a
sanitary sewer to connect the Dulles International Airport
with the District of Columbia system, approved June 12,
1960 (74 Stat. 211; Public Law 86–515); sections 723
and 743(f) of the District of Columbia Self-Government
and Governmental Reorganization Act of 1973, approved
December 24, 1973, as amended (87 Stat. 821; Public
Law 93–198; D.C. Code, sec. 47–321, note; 91 Stat.
1156; Public Law 95–131; D.C. Code, sec. 9–219, note),
including interest as required thereby, $327,787,000 from
local funds.
REPAYMENT OF GENERAL FUND RECOVERY DEBT
For the purpose of eliminating the $331,589,000
general fund accumulated deficit as of September 30,
1990, $38,678,000 from local funds, as authorized by sec-
tion 461(a) of the District of Columbia Self-Government
and Governmental Reorganization Act, approved Decem-
ber 24, 1973, as amended (105 Stat. 540; Public Law
102–106; D.C. Code, sec. 47–321(a)).
SHORT-TERM BORROWING
For short-term borrowing, $9,698,000 from local
funds.
PAY RENEGOTIATION OR REDUCTION
IN COMPENSATION
The Mayor shall reduce appropriations and expendi-
tures for personal services in the amount of $46,409,000,
by decreasing rates of compensation for District govern-
ment employees; such decreased rates are to be realized
for employees who are subject to collective bargaining
agreements to the extent possible through the renegoti-
ation of existing collective bargaining agreements: Pro-
vided, That, if a sufficient reduction from employees who
are subject to collective bargaining agreements is not real-
ized through renegotiating existing agreements, the Mayor
shall decrease rates of compensation for such employees,
notwithstanding the provisions of any collective bargaining
agreements.
RAINY DAY FUND
For mandatory unavoidable expenditures within one
or several of the various appropriation headings of this
Act, to be allocated to the budgets for personal services
and nonpersonal services as requested by the Mayor and
approved by the Council pursuant to the procedures in sec-
tion 4 of the Reprogramming Policy Act of 1980, effective
September 16, 1980 (D.C. Law 3–100; D.C. Code, sec.
47–363), $4,563,000 from local funds: Provided, That the
District of Columbia shall provide to the Committees on
Appropriations of the House of Representatives and the
Senate quarterly reports by the 15th day of the month
following the end of the quarter showing how monies pro-
vided under this fund are expended with a final report pro-
viding a full accounting of the fund due October 15, 1996
or not later than 15 days after the last amount remaining
in the fund is disbursed.
INCENTIVE BUYOUT PROGRAM
For the purpose of funding costs associated with the
incentive buyout program, to be apportioned by the Mayor
of the District of Columbia within the various appropria-
tion headings in this Act from which costs are properly
payable, $19,000,000.
OUTPLACEMENT SERVICES
For the purpose of funding outplacement services for
employees who leave the District of Columbia government
involuntarily, $1,500,000.
BOARDS AND COMMISSIONS
The Mayor shall reduce appropriations and expendi-
tures for boards and commissions under the various head-
ings in this Act in the amount of $500,000.
GOVERNMENT RE-ENGINEERING PROGRAM
The Mayor shall reduce appropriations and expendi-
tures for personal and nonpersonal services in the amount
of $16,000,000 within one or several of the various appro-
priation headings in this Act.
PERSONAL AND NONPERSONAL SERVICES
ADJUSTMENTS
Notwithstanding any other provision of law, the
Mayor shall adjust appropriations and expenditures for
personal and nonpersonal services, together with the relat-
ed full-time equivalent positions, in accordance with the
direction of the District of Columbia Financial Respon-
sibility and Management Assistance Authority such that
there is a net reduction of $148,411,000, within or among
one or several of the various appropriation headings in this
Act, pursuant to section 208 of Public Law 104–8, ap-
proved April 17, 1995 (109 Stat. 134).
CAPITAL OUTLAY
(INCLUDING RESCISSIONS)
For construction projects, $168,222,000, as author-
ized by An Act authorizing the laying of water mains and
service sewers in the District of Columbia, the levying of
assessments therefor, and for other purposes, approved
April 22, 1904 (33 Stat. 244; Public Law 58–140; D.C.
Code, secs. 43–1512 through 43–1519); the District of
Columbia Public Works Act of 1954, approved May 18,
1954 (68 Stat. 101; Public Law 83–364); An Act to au-
thorize the Commissioners of the District of Columbia to
borrow funds for capital improvement programs and to
amend provisions of law relating to Federal Government
participation in meeting costs of maintaining the Nation’s
Capital City, approved June 6, 1958 (72 Stat. 183; Public
Law 85–451; including acquisition of sites, preparation of
plans and specifications, conducting preliminary surveys,
erection of structures, including building improvement and
alteration and treatment of grounds, to remain available
until expended: Provided, That $105,660,000 appro-
priated under this heading in prior fiscal years is re-
scinded: Provided further, That funds for use of each cap-
ital project implementing agency shall be managed and
controlled in accordance with all procedures and limita-
tions established under the Financial Management Sys-
tem: Provided further, That all funds provided by this ap-
propriation 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, 1997, except authorizations for
projects as to which funds have been obligated in whole
or in part prior to September 30, 1997: 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,
$193,398,000 and 1,024 full-time equivalent positions
(end-of-year) (including $188,221,000 and 924 full-time
equivalent positions from local funds, $433,000 from other
funds, and $4,744,000 and 100 full-time equivalent posi-
tions from intra-District funds), of which $41,036,000
shall be apportioned and payable to the debt service fund
for repayment of loans and interest incurred for capital
improvement projects.
For construction projects, $39,477,000, as author-
ized by An Act authorizing the laying of water mains and
service sewers in the District of Columbia, the levying of
assessments therefor, and for other purposes, approved
April 22, 1904 (33 Stat. 244; Public Law 58–140; D.C.
Code, sec. 43–1512 et seq.): Provided, That the require-
ments and restrictions that are applicable to general fund
capital improvement projects and set forth in this Act
under the Capital Outlay appropriation title shall apply
to projects approved under this appropriation title.
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
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.),
$229,907,000 and 88 full-time equivalent positions (end-
of-year) (including $8,099,000 and 88 full-time equivalent
positions for administrative expenses and $221,808,000
for non-administrative expenses from revenue generated
by the Lottery Board), to be derived from non-Federal
District of Columbia revenues: Provided, That the District
of Columbia shall identify the source of funding for this
appropriation title from the District’s own locally-gen-
erated revenues: Provided further, That no revenues from
Federal sources shall be used to support the operations
or activities of the Lottery and Charitable Games Control
Board.
CABLE TELEVISION ENTERPRISE FUND
For the Cable Television Enterprise Fund, 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.), $2,469,000 and 8 full-time
equivalent positions (end-of-year) (including $2,137,000
and 8 full-time equivalent positions from local funds and
$332,000 from other funds), of which $690,000 shall be
transferred to the general fund of the District of Colum-
bia.
STARPLEX FUND
For the Starplex Fund, $8,637,000 from other funds
for the expenses incurred by the Armory Board in the ex-
ercise of its powers granted by An Act To Establish a Dis-
trict of Columbia Armory Board, and for other purposes,
approved June 4, 1948 (62 Stat. 339; D.C. Code, sec. 2–
301 et seq.) and the District of Columbia Stadium Act
of 1957, approved September 7, 1957 (71 Stat. 619; 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, a reduction of
$2,487,000 and a reduction of 180 full-time equivalent po-
sitions in intra-District funds.
D.C. RETIREMENT BOARD
For the D.C. Retirement Board, established by sec-
tion 121 of the District of Columbia Comprehensive Re-
tirement Reform Act of 1989, approved November 17,
1989 (93 Stat. 866; D.C. Code, sec. 1–711), $13,417,000
and 11 full-time equivalent positions (end-of-year) from
the earnings of the applicable retirement funds to pay
legal, management, investment, and other fees and admin-
istrative expenses of the District of Columbia Retirement
Board: Provided, That the District of Columbia Retire-
ment 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 ac-
counting of the planned use of appropriated funds in time
for each annual budget submission and the actual use of
such funds in time for each annual audited financial re-
port.
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), $10,048,000 and 66 full-time equiv-
alent positions (end-of-year) (including $3,415,000 and 22
full-time equivalent positions from other funds and
$6,633,000 and 44 full-time equivalent positions from
intra-District funds).
WASHINGTON CONVENTION CENTER ENTERPRISE FUND
For the Washington Convention Center Enterprise
Fund, $37,957,000, 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),
$3,500,000.
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
existing 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
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
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.
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. The annual budget for the District of Co-
lumbia government for the fiscal year ending September
30, 1997, shall be transmitted to the Congress no later
than April 15, 1996.
SEC. 111. 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 House Committee on Gov-
ernment Reform and Oversight, District of Columbia Sub-
committee, the Subcommittee on General Services, Fed-
eralism, and the District of Columbia, of the Senate Com-
mittee on Governmental Affairs, and the Council of the
District of Columbia, or their duly authorized representa-
tive: Provided, That none of the funds contained in this
Act shall be made available to pay the salary of any em-
ployee of the District of Columbia government whose name
and salary are not available for public inspection.
SEC. 112. 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. 113. 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-
feat legislation pending before Congress or any State legis-
lature.
SEC. 114. 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. 115. 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. 116. The Mayor shall not expend any moneys
borrowed for capital projects for the operating expenses
of the District of Columbia government.
SEC. 117. 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-
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.).
SEC. 118. 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. 119. 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. 120. (a) Notwithstanding section 422(7) of the
District of Columbia Self-Government and Governmental
Reorganization Act of 1973, approved December 24, 1973
(87 Stat. 790; Public Law 93–198; D.C. Code, sec. 1–
242(7)), the City Administrator shall be paid, during any
fiscal year, a salary at a rate established by the Mayor,
not to exceed the rate established for level IV of the 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 1995 shall be deemed to be the rate of pay payable
for that position for September 30, 1995.
(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. 121. 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
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 of
the United States Code.
SEC. 122. 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), upon a determination by the
Director, that by reason of circumstances set forth in such
determination, the payment of these rents and the execu-
tion 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. 123. No later than 30 days after the end of the
first quarter of the fiscal year ending September 30, 1996,
the Mayor of the District of Columbia shall submit to the
Council of the District of Columbia the new fiscal year
1996 revenue estimates as of the end of the first quarter
of fiscal year 1996. These estimates shall be used in the
budget request for the fiscal year ending September 30,
1997. The officially revised estimates at midyear shall be
used for the midyear report.
SEC. 124. No sole source contract with the District
of Columbia government or any agency thereof may be re-
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. 125. 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.
SEC. 126. 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. 127. For the fiscal year ending September 30,
1996, the District of Columbia shall pay interest on its
quarterly payments to the United States that are made
more than 60 days from the date of receipt of an itemized
statement from the Federal Bureau of Prisons of amounts
due for housing District of Columbia convicts in Federal
penitentiaries for the preceding quarter.
SEC. 128. 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-
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, 1995, of the
required reorganization plans.
SEC. 129. (a) An entity of the District of Columbia
government may accept and use a gift or donation during
fiscal year 1996 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
laws and regulations of the District of Columbia, accept
and use gifts to the public schools without prior approval
by the Mayor.
SEC. 130. 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-
resentatives under section 4(d) of the District of Columbia
Statehood Constitutional Convention Initiatives of 1979,
effective March 10, 1981 (D.C. Law 3–171; D.C. Code,
sec. 1–113(d)).
PROHIBITION AGAINST USE OF FUNDS FOR ABORTIONS
SEC. 131. (a) IN GENERAL.—Section 602(a) of the
District of Columbia Self-Government and Governmental
Reorganization Act (sec. 1–233(a), D.C. Code), as amend-
ed by section 108(b)(2) of the District of Columbia Finan-
cial Responsibility and Management Assistance Act of
1995, is amended—
(1) by striking ‘‘or’’ at the end of paragraph
(9);
(2) by striking the period at the end of para-
graph (10) and inserting ‘‘; or’’; and
(3) by adding at the end the following new
paragraph:
‘‘(11) enact any act, resolution, or rule which
obligates or expends funds of the District of Colum-
bia (without regard to the source of such funds) for
any abortion, or which appropriates funds to any fa-
cility owned or operated by the District of Columbia
in which any abortion is performed, except where the
life of the mother would be endangered if the fetus
were carried to term, or in cases of forcible rape re-
ported within 30 days to a law enforcement agency,
or cases of incest reported to a law enforcement
agency or child abuse agency prior to the perform-
ance of the abortion.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to acts, resolutions, or rules of
the Council of the District of Columbia which take effect
in fiscal years beginning with fiscal year 1996.
SEC. 132. None of the funds appropriated in this Act
shall be obligated or expended on any proposed change in
either the use or configuration of, or on any proposed im-
provement to, the Municipal Fish Wharf until such pro-
posed change or improvement has been reviewed and ap-
proved by Federal and local authorities including, but not
limited to, the National Capital Planning Commission, the
Commission of Fine Arts, and the Council of the District
of Columbia, in compliance with applicable local and Fed-
eral laws which require public hearings, compliance with
applicable environmental regulations including, but not
limited to, any amendments to the Washington, D.C.
urban renewal plan which must be approved by both the
Council of the District of Columbia and the National Cap-
ital Planning Commission.
SEC. 133. (a) SENSE OF CONGRESS.—It is the sense
of the Congress that, to the greatest extent practicable,
all equipment and products purchased with funds made
available in this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any en-
tity using funds made available in this Act, the head of
each agency of the Federal or District of Columbia govern-
ment, to the greatest extent practicable, shall provide to
such entity a notice describing the statement made in sub-
section (a) by the Congress.
SEC. 134. No funds made available pursuant to any
provision of this Act shall be used to implement or enforce
any system of registration of unmarried, cohabiting cou-
ples whether they are homosexual, lesbian, or hetero-
sexual, including but not limited to registration for the
purpose of extending employment, health, or governmental
benefits to such couples on the same basis such benefits
are extended to legally married couples; nor shall any
funds made available pursuant to any provision of this Act
otherwise be used to implement or enforce D.C. Act 9–
188, signed by the Mayor of the District of Columbia on
April 15, 1992.
SEC. 135. Sections 431(f) and 433(b)(5) of the Dis-
trict of Columbia Self-Government and Governmental Re-
organization Act, approved December 24, 1973 (87 Stat.
813; Public Law 93–198; D.C. Code, secs. 11–1524 and
title 11, App. 433), are amended to read as follows:
(a) Section 431(f) (D.C. Code, sec. 11–1524) is
amended to read as follows:
‘‘(f) Members of the Tenure Commission shall serve
without compensation for services rendered in connection
with their official duties on the Commission.’’.
(b) Section 433(b)(5) (title 11, App. 433) is
amended to read as follows:
‘‘(5) Members of the Commission shall serve
without compensation for services rendered in con-
nection with their official duties on the Commis-
sion.’’.
SEC. 136. Section 451 of the District of Columbia
Self-Government and Governmental Reorganization Act of
1973, approved December 24, 1973 (87 Stat. 803; Public
Law 93–198; D.C. Code, sec. 1–1130), is amended by
adding a new subsection (c) to read as follows:
‘‘(c)(1) The District may enter into multiyear con-
tracts to obtain goods and services for which funds would
otherwise be available for obligation only within the fiscal
year for which appropriated.
‘‘(2) If the funds are not made available for the con-
tinuation of such a contract into a subsequent fiscal year,
the contract shall be cancelled or terminated, and the cost
of cancellation or termination may be paid from—
‘‘(A) appropriations originally available for the
performance of the contract concerned;
‘‘(B) appropriations currently available for pro-
curement of the type of acquisition covered by the
contract, and not otherwise obligated; or
‘‘(C) funds appropriated for those payments.
‘‘(3) No contract entered into under this section shall
be valid unless the Mayor submits the contract to the
Council for its approval and the Council approves the con-
tract (in accordance with criteria established by act of the
Council). The Council shall be required to take affirmative
action to approve the contract within 45 days. If no action
is taken to approve the contract within 45 calendar days,
the contract shall be deemed disapproved.’’.
SEC. 137. The District of Columbia Real Property
Tax Revision Act of 1974, approved September 3, 1974
(88 Stat. 1051; D.C. Code, sec. 47–801 et seq.), is amend-
ed as follows:
(1) Section 412 (D.C. Code, sec. 47–812) is
amended as follows:
(A) Subsection (a) is amended by striking
the third and fourth sentences and inserting the
following sentences in their place: ‘‘If the Coun-
cil does extend the time for establishing the
rates of taxation on real property, it must es-
tablish those rates for the tax year by perma-
nent legislation. If the Council does not estab-
lish the rates of taxation of real property by Oc-
tober 15, and does not extend the time for es-
tablishing rates, the rates of taxation applied
for the prior year shall be the rates of taxation
applied during the tax year.’’.
(B) A new subsection (a–2) is added to
read as follows:
‘‘(a–2) Notwithstanding the provisions of subsection
(a) of this section, the real property tax rates for taxable
real property in the District of Columbia for the tax year
beginning October 1, 1995, and ending September 30,
1996, shall be the same rates in effect for the tax year
beginning October 1, 1993, and ending September 30,
1994.’’.
(2) Section 413(c) (D.C. Code, sec. 47–815(c))
is repealed.
SEC. 138. Title 18 U.S.C. 1761(b) is amended by
striking the period at the end and inserting the phrase
‘‘or not-for-profit organizations.’’ in its place.
SEC. 139. Within 120 days of the effective date of
this Act, the Mayor shall submit to the Congress and the
Council a report delineating the actions taken by the exec-
utive to effect the directives of the Council in this Act,
including—
(1) negotiations with representatives of collec-
tive bargaining units to reduce employee compensa-
tion;
(2) actions to restructure existing long-term
city debt;
(3) actions to apportion the spending reductions
anticipated by the directives of this Act to the execu-
tive for unallocated reductions; and
(4) a list of any position that is backfilled in-
cluding description, title, and salary of the position.
SEC. 140. The Board of Education shall submit to
the Congress, Mayor, and 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, agency reporting code, and object class, and for
all funds, including capital financing;
(2) a breakdown of FTE positions and staff for
the most current pay period broken out on the basis
of control center, responsibility center, and agency
reporting code within each responsibility center, for
all funds, including capital funds;
(3) a list of each account for which spending is
frozen and the amount of funds frozen, broken out
by control center, responsibility center, detailed ob-
ject, and agency reporting code, and for all funding
sources;
(4) a list of all active contracts in excess of
$10,000 annually, which contains; the name of each
contractor; the budget to which the contract is
charged broken out on the basis of control center,
responsibility center, and agency reporting code; and
contract identifying codes used by the D.C. Public
Schools; payments made in the last month and year-
to-date, the total amount of the contract and total
payments made for the contract and any modifica-
tions, extensions, renewals; and specific modifica-
tions made to each contract in the last month;
(5) all reprogramming requests and reports
that are required to be, and have been, submitted to
the Board of Education; and
(6) changes made in the last month to the 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.
SEC. 141. The University of the District of Columbia
shall submit to the Congress, Mayor, and Council of the
District of Columbia no later than fifteen (15) calendar
days after the end of each month a report that sets
forth—
(1) current month expenditures and obligations,
year-to-date expenditures and obligations, and total
fiscal year expenditure projections vs. budget broken
out on the basis of control center, responsibility cen-
ter, and object class, and for all funds, including
capital financing;
(2) a breakdown of FTE positions and all em-
ployees for the most current pay period broken out
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
organizational entities that have been changed, the
name of the staff member supervising each entity af-
fected, and the reasons for the structural change.
SEC. 142. (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 1995, fiscal year 1996, and thereafter on 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,
job title, grade and classification, annual salary, and
position control number.
(b) The annual report required by subsection (a) of
this section shall be submitted to the Congress, the Mayor
and Council of the District of Columbia, by not later than
February 8 of each year.
SEC. 143. (a) Not later than October 1, 1995, or
within 15 calendar days after the date of the enactment
of the District of Columbia Appropriations Act, 1996,
whichever occurs later, and each succeeding year, the
Board of Education and the University of the District of
Columbia shall submit to the Congress, the Mayor, and
Council of the District of Columbia, a revised appropriated
funds operating budget for the public school system and
the University of the District of Columbia for such fiscal
year that is in the total amount of the approved appropria-
tion and that realigns budgeted data for personal services
and other-than-personal services, respectively, with antici-
pated actual expenditures.
(b) The revised budget required by subsection (a) of
this section shall be submitted in the format of the budget
that the Board of Education and the University of the
District of Columbia submit to the Mayor of the District
of Columbia for inclusion in the Mayor’s budget 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).
SEC. 144. 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.
SEC. 145. 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.
SEC. 146. (a) No agency, including an independent
agency, shall fill a position wholly funded by appropria-
tions authorized by this Act, which is vacant on October
1, 1995, or becomes vacant between October 1, 1995, and
September 30, 1996, unless the Mayor or independent
agency submits a proposed resolution of intent to fill the
vacant position to the Council. The Council shall be re-
quired to take affirmative action on the Mayor’s resolution
within 30 legislative days. If the Council does not affirma-
tively approve the resolution within 30 legislative days, the
resolution shall be deemed disapproved.
(b) No reduction in the number of full-time equiva-
lent positions or reduction-in-force due to privatization or
contracting out shall occur if the District of Columbia Fi-
nancial Responsibility and Management Assistance Au-
thority, established by section 101(a) of the District of Co-
lumbia Financial Responsibility and Management Assist-
ance Act of 1995, approved April 17, 1995 (109 Stat. 97;
Public Law 104–8), disallows the full-time equivalent posi-
tion reduction provided in this act in meeting the maxi-
mum ceiling of 35,771 for the fiscal year ending Septem-
ber 30, 1996.
(c) This section shall not prohibit the appropriate
personnel authority from filling a vacant position with a
District government employee currently occupying a posi-
tion that is funded with appropriated funds.
(d) This section shall not apply to local school-based
teachers, school-based officers, or school-based teachers’
aides; or court personnel covered by title 11 of the D.C
Code, except chapter 23.
SEC. 147. (a) Not later than 15 days after the end
of every fiscal quarter (beginning October 1, 1995), the
Mayor shall submit to the Council a report with respect
to the employees on the capital project budget for the pre-
vious quarter.
(b) Each report submitted pursuant to subsection (a)
of this section shall include the following information—
(1) a list of all employees by position, title,
grade and step;
(2) a job description, including the capital
project for which each employee is working;
(3) the date that each employee began working
on the capital project and the ending date that each
employee completed or is projected to complete work
on the capital project; and
(4) a detailed explanation justifying why each
employee is being paid with capital funds.
SEC. 148. The District of Columbia Government
Comprehensive Merit Personnel Act of 1978, effective
March 3, 1979 (D.C. Law 2–139; D.C. Code, sec. 1–601.1
et seq.), is amended as follows:
(a) Section 301 (D.C. Code, sec. 1–603.1) is
amended as follows:
(1) A new paragraph (13A) is added to
read as follows:
based personnel or school administrators to be assigned
or reassigned to the same competitive level as classroom
teachers.’’.
SEC. 149. (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.
(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.
SEC. 150. The District of Columbia Government
Comprehensive Merit Personnel Act of 1978, effective
March 3, 1979 (D.C. Law 2–139; D.C. Code, sec. 1–601.1
et seq.), is amended as follows:
(a) Section 2401 (D.C. Code, sec. 1–625.1) is
amended by amending the third sentence to read as
follows: ‘‘A personnel authority may establish lesser
competitive areas within an agency on the basis of
all or a clearly identifiable segment of an agency’s
mission or a division or major subdivision of an
agency.’’.
(b) A new section 2406 is added to read as fol-
lows:
‘‘SEC. 2406. Abolishment of positions for Fiscal Year
1996.
‘‘(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, 1996, each agency
head is authorized, within the agency head’s discretion,
to identify positions for abolishment.
‘‘(b) Prior to February 1, 1996, 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 effected 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 1 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 U.S.
Department of Health and Human Services at Saint Eliz-
abeths Hospital who accepted employment with the Dis-
trict 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
in computing creditable service for severance pay for em-
ployees separated pursuant to this section—
‘‘(1) four years for an employee who qualified
for veteran’s 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, 1996, 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,
1996, on any incumbent employee remaining in any posi-
tion identified to be abolished pursuant to subsection (b)
of this section’’.
SEC. 151. Notwithstanding any other provision of
law, the total amount appropriated in this Act for operat-
ing expenses for the District of Columbia for fiscal year
1996 under the caption ‘‘Division of Expenses’’ shall not
exceed $4,867,283,000.
REQUIRING DEVELOPMENT OF PLAN TO CLOSE LORTON
CORRECTIONAL COMPLEX
SEC. 152. (a) DEVELOPMENT OF PLAN.—
(1) IN GENERAL.—Not later than February 15,
1996, the District of Columbia shall develop a plan
for closing the Lorton Correctional Complex over a
transition period not to exceed 5 years in length.
(2) REQUIREMENTS OF PLAN.—The plan devel-
oped by the District of Columbia under paragraph
(1) shall meet the following requirements:
(A) Under the plan, the Lorton Correc-
tional Complex will be closed by the expiration
of the transition period.
(B) Under the plan, the District of Colum-
bia may not operate any correctional facilities
on the Federal property known as the Lorton
Complex located in Fairfax County, Virginia,
after the expiration of the transition period.
(C) The plan shall include provisions speci-
fying how and to what extent the District will
utilize alternative management, including the
private sector, for the operation of correctional
facilities for the District, and shall include pro-
visions describing the treatment under such al-
ternative management (including under con-
tracts) of site selection, design, financing, con-
struction, and operation of correctional facilities
for the District.
(D) The plan shall include an implementa-
tion schedule, together with specific perform-
ance measures and timelines to determine the
extent to which the District is meeting the
schedule during the transition period.
(E) Under the plan, the Mayor of the Dis-
trict of Columbia shall submit a semi-annual re-
port to the President, Congress, and the Dis-
trict of Columbia Financial Responsibility and
Management Assistance Authority describing
the actions taken by the District under the
plan, and in addition shall regularly report to
the President, Congress, and the District of Co-
lumbia Financial Responsibility and Manage-
ment Assistance Authority on all significant
measures taken under the plan as soon as such
measures are taken.
(b) CONSISTENCY
WITH
FINANCIAL
PLAN
AND
BUDGET.—In developing the plan under subsection (a),
the District of Columbia shall ensure that for each of the
years during which the plan is in effect, the plan shall
be consistent with the financial plan and budget for the
District of Columbia for the year under subtitle A of title
II of the District of Columbia Financial Responsibility and
Management Assistance Act of 1995.
(c) SUBMISSION OF PLAN.—Upon completing the de-
velopment of the plan under subsection (a), the District
of Columbia shall submit the plan to the President, Con-
gress, and the District of Columbia Financial Responsibil-
ity and Management Assistance Authority.
PROHIBITION AGAINST ADOPTION BY UNMARRIED
COUPLES
SEC. 153. Section 16–302, D.C. Code, is amended—
(1) by striking ‘‘Any person’’ and inserting ‘‘(a)
Subject to subsection (b), any person’’; and
(2) by adding at the end the following sub-
section:
‘‘(b) No person may join in a petition under this sec-
tion unless the person is the spouse of the petitioner.’’.
This Act may be cited as the ‘‘District of Columbia
Appropriations Act, 1996’’.
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Union Calendar No. 153
104TH CONGRESS
1ST SESSION
H. R. 2546
[Report No. 104–294]
A BILL
Making appropriations for the government of the
District of Columbia and other activities charge-
able in whole or in part against the revenues of
said District for the fiscal year ending September
30, 1996, and for other purposes.
OCTOBER 26, 1995
Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed