II
Calendar No. 509
104TH CONGRESS
2D SESSION
H. R. 3845
[Report No. 104–328]
IN THE SENATE OF THE UNITED STATES
JULY 23, 1996
Received; read twice and referred to the Committee on Appropriations
JULY 23, 1996
Reported by Mr. JEFFORDS, with amendments
[Omit the part struck through and insert the part printed in italic]
AN ACT
Making appropriations for government of the District of Co-
lumbia and other activities chargeable in whole or in
part against the revenues of said District for the fiscal
year ending September 30, 1997, and for other purposes.
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, 1997, 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, 1997, $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), $52,070,000.
PRESIDENTIAL INAUGURATION
For payment to the District of Columbia in lieu of
reimbursement for expenses incurred in connection with
Presidential inauguration activities, $5,702,000, as au-
thorized by section 737(b) of the District of Columbia
Self-Government and Governmental Reorganization Act,
Public Law 93–198, as amended (D.C. Code, sec. 1–
1803), which shall be apportioned by the Chief Financial
Officer within the various appropriation headings in this
Act.
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, $115,663,000
and 1,440 full-time equivalent positions (including
$98,691,000 and 1,371 full-time equivalent positions from
local funds, $12,192,000 and 8 full-time equivalent posi-
tions from Federal funds, and $4,780,000 and 61 full-time
equivalent positions from other funds): Provided, That
funds expended for the Executive Office of the Mayor are
not to exceed $1,753,000: Provided further, 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 Administrator shall be available from this ap-
propriation 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 no revenues from Federal sources shall be
used to support the operations or activities of the State-
hood Commission and Statehood Compact Commission:
Provided further, That the District of Columbia shall iden-
tify the sources of funding for Admission to Statehood
from its own locally-generated revenues.
ECONOMIC DEVELOPMENT AND REGULATION
Economic development and regulation, $135,704,000
and 1,501 full-time equivalent positions (including
$67,196,000 and 720 full-time equivalent positions from
local funds, $45,708,000 and 524 full-time equivalent po-
sitions from Federal funds, and $22,800,000 and 257 full-
time equivalent positions from other funds): Provided,
That the District of Columbia 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 repayments as determined each year by
the Council of the District of Columbia from the Housing
Finance Agency’s annual audited financial statements to
the Council of the District of Columbia, shall repay to the
general fund an amount equal to the appropriated admin-
istrative 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 notwith-
standing the foregoing provision, the obligation to repay
all or part of the amounts due shall be subject to the
rights of the owners of any bonds or notes issued by the
Housing Finance Agency and shall be repaid to the Dis-
trict of Columbia government only from available operat-
ing revenues of the Housing Finance Agency that are in
excess of the amounts required for debt service, reserve
funds, and operating expenses: 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
(INCLUDING TRANSFER OF FUNDS)
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, $1,041,281,000 and 11,842 full-time
equivalent positions (including $1,012,112,000 and
11,726 full-time equivalent positions from local funds,
$19,310,000 and 112 full-time equivalent positions from
Federal funds, and $9,859,000 and 4 full-time equivalent
positions from other funds): Provided, That the Metropoli-
tan Police Department is authorized to replace not to ex-
ceed 25 passenger-carrying vehicles and the Fire Depart-
ment of the District of Columbia is authorized to replace
not to exceed five passenger-carrying vehicles annually
whenever the cost of repair to any damaged vehicle ex-
ceeds three-fourths of the cost of the replacement: Pro-
vided further, That not to exceed $500,000 shall be avail-
able 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 Appropriations of
the House and Senate on efforts to increase efficiency and
improve the professionalism in the department: Provided
further, That notwithstanding any other provision of law,
or Mayor’s Order 86–45, issued March 18, 1986, the Met-
ropolitan Police Department’s delegated small purchase
authority shall be $500,000: Provided further, That the
District of Columbia government may not require the Met-
ropolitan Police Department to submit to any other pro-
curement review process, or to obtain the approval 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 funds
appropriated for expenses 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, 1997,
shall be available for obligations incurred under the Act
in each fiscal year since inception in fiscal year 1975: Pro-
vided further, That funds appropriated for expenses under
the District of Columbia Neglect Representation Equity
also take steps to publicize the availability of the 24-hour
telephone information 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, Virginia, for expenses incurred by the
counties during the fiscal year ending September 30,
1997, in relation to the Lorton prison complex: Provided
further, That such reimbursements shall be paid in all in-
stances in which the District requests the counties to pro-
vide police, fire, rescue, and related services to help deal
with escapes, fires, riots, and similar disturbances involv-
ing the prison: Provided further, That the Mayor shall re-
imburse the District of Columbia National Guard for ex-
penses incurred in connection with services that are per-
formed 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 pay-
able for these services by the Mayor and the Commanding
General of the District of Columbia National Guard: Pro-
vided 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 availability of the sums shall
be deemed as constituting payment in advance for emer-
gency services involved: Provided further, That in addition
to the $1,041,281,000 appropriated under this heading, an
additional $651,000 shall be transferred from the Depart-
ment of Public Works to the District of Columbia Court
System for maintenance and repair of elevators/escalators,
heating, ventilation, and air conditioning systems, fire
alarms and security systems, materials and services for
building maintenance and repair, and trash removal.
PUBLIC EDUCATION SYSTEM
Public education system, including the development
of national defense education programs, $758,815,000
and 11,276 full-time equivalent positions (including
$632,379,000 and 10,045 full-time equivalent positions
from local funds, $98,479,000 and 1,009 full-time equiva-
lent positions from Federal funds, and $27,957,000 and
222 full-time equivalent positions from other funds), to
be allocated as follows: $573,430,000 and 9,935 full-time
equivalent positions (including $479,679,000 and 9,063
full-time 
equivalent 
positions 
from 
local 
funds,
$85,823,000 and 840 full-time equivalent positions from
Federal funds, and $7,928,000 and 32 full-time equivalent
positions from other funds), for the public schools of the
District of Columbia; $2,835,000 from local funds for
public charter schools: Provided, That if the entirety of
this allocation has not been provided as payments to one
or more public charter schools by May 1, 1997, and re-
mains unallocated, the funds will revert to the general
fund of the District of Columbia in accordance with sec-
tion 2403(a)(2)(D) of the District of Columbia School Re-
form Act of 1995 (Public Law 104–134); $88,100,000
from local funds for the District of Columbia Teachers’
Retirement Fund; $69,801,000 and 917 full-time equiva-
lent positions (including $38,479,000 and 572 full-time
equivalent positions from local funds, $11,747,000 and
156 full-time equivalent positions from Federal funds, and
$19,575,000 and 189 full-time equivalent positions from
other funds) for the University of the District of Colum-
bia; $22,429,000 and 415 full-time equivalent positions
(including $21,529,000 and 408 full-time equivalent posi-
tions from local funds, $446,000 and 6 full-time equiva-
lent positions from Federal funds, and $454,000 and 1
full-time equivalent position from other funds) for the
Public Library; $2,220,000 and 9 full-time equivalent po-
sitions (including $1,757,000 and 2 full-time equivalent
positions from local funds and $463,000 and 7 full-time
equivalent positions from Federal funds) for the Commis-
sion on the Arts and Humanities: Provided, That the pub-
lic schools of the District 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 appropriation for official purposes:
Provided further, That not less than $9,200,000 shall be
available from this appropriation for school repairs in a
restricted line item: Provided further, That not less than
$1,200,000 shall be available for local school allotments
in a restricted line item: Provided further, That not less
than $4,500,000 shall be available to support kindergarten
aides in a restricted line item: Provided further, That not
less than $2,800,000 shall be available to support sub-
stitute teachers in a restricted line item: Provided further,
That not less than $1,788,000 shall be available in a re-
stricted line item for school counselors: 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 District of Co-
lumbia adopts, for the fiscal year ending September 30,
1997, 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 comparable public in-
stitutions of higher education in the metropolitan area.
HUMAN SUPPORT SERVICES
Human support services, $1,685,707,000 and 6,344
full-time equivalent positions (including $961,399,000 and
3,814 full-time equivalent positions from local funds,
$676,665,000 and 2,444 full-time equivalent positions
from Federal funds, and $47,643,000 and 86 full-time
equivalent positions from other funds): Provided, That
$24,793,000 of this appropriation, to remain available
until expended, shall be available solely for District of Co-
lumbia employees’ disability compensation: Provided fur-
ther, That the District of Columbia shall not provide free
government services such as water, sewer, solid waste dis-
posal or collection, utilities, maintenance, repairs, or simi-
lar services to any legally constituted private nonprofit or-
ganization (as defined in section 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 reimbursement pursuant to the
Stewart B. McKinney Homeless Assistance Act, approved
July 22, 1987 (101 Stat. 485; Public 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, $247,967,000 and 1,252 full-time equiv-
alent positions (including $234,391,000 and 1,149 full-
time equivalent positions from local funds, $3,047,000 and
32 full-time equivalent positions from Federal funds, and
$10,529,000 and 71 full-time equivalent positions from
other funds): Provided, That this appropriation shall not
be available for collecting ashes or miscellaneous refuse
from hotels and places of business.
WASHINGTON CONVENTION CENTER FUND TRANSFER
PAYMENT
For payment to the Washington Convention Center
Enterprise 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, $333,710,000 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, $38,314,000 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)(1)).
PAYMENT OF INTEREST ON SHORT-TERM BORROWING
For payment of interest on short-term borrowing,
$34,461,000 from local funds.
PRESIDENTIAL INAUGURATION
For reimbursement for necessary expenses incurred
in connection with Presidential inauguration activities as
authorized by section 737(b) of the District of Columbia
Self-Government and Governmental Reorganization Act,
Public Law 93–198, as amended, approved December 24,
1973 (87 Stat. 824; D.C. Code, sec. 1–1803), $5,702,000,
which shall be apportioned by the Chief Financial Officer
within the various appropriation headings in this Act.
CERTIFICATES OF PARTICIPATION
For lease payments in accordance with the Certifi-
cates of Participation involving the land site underlying
the building located at One Judiciary Square, $7,926,000.
HUMAN RESOURCES DEVELOPMENT
For Human resources development, including costs of
increased employee training, administrative reforms, and
an executive compensation system, $12,257,000.
COST REDUCTION INITIATIVES
The Chief Financial Officer of the District of Colum-
bia shall, on behalf of the Mayor and under the direction
of the District of Columbia Financial Responsibility and
Management Assistance Authority, make reductions of
$47,411,000 and 2,411 full-time equivalent positions as
follows: $4,488,000 in real estate initiatives, $6,317,000
in management information systems, $2,271,000 in en-
ergy cost initiatives, $12,960,000 in purchasing and pro-
curement initiatives, and workforce reductions of 2,411
full-time positions and $21,375,000.
CAPITAL OUTLAY
(INCLUDING RESCISSIONS)
For construction projects, an increase of $46,923,000
$75,923,000 (including an increase of $34,000,000 for the
highway trust fund, reallocations and rescissions for a net
rescission of $120,496,000 from local funds appropriated
under this heading in prior fiscal years and an additional
$133,419,000 in Federal funds), as authorized 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 authorize the Commis-
sioners of the District of Columbia to borrow funds for
capital improvement programs and to amend provisions of
law relating to Federal Government participation in meet-
ing costs of maintaining the Nation’s Capital City, ap-
proved 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 ex-
pended: Provided, That funds for use of each capital
project implementing agency shall be managed and con-
trolled in accordance with all procedures and limitations
established under the Financial Management System: Pro-
vided further, That all funds provided by this appropria-
tion title shall be available only for the specific projects
and purposes intended: Provided further, That notwith-
standing the foregoing, all authorizations for capital out-
lay projects, except those projects covered by the first sen-
tence 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 pro-
vided 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
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.
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-
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-