District of Columbia Appropriations Act, 1997
PL 104-194 (H.R.3845), enacted 09/09/1996

110 STAT. 2356 
PUBLIC LAW 104-194—SEPT. 9, 1996 
Sept. 9, 1996 
District of 
Columbia 
Appropriations 
Act, 1997. 
Public Law 104-194 
104th Congress 
An Act 
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 
[H.R. 3845] 
for the fiscal year ending September 30, 1997, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
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 authorized by section 
502(a) of the District of Columbia Self-Govemment and Govern-
mental Reorg£inization 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 Retirement Reform Act, approved 
November 17, 1979 (93 Stat. 866; Public Law 96-122), $52,070,000. 
PRESIDENTL\L INAUGURATION 
For pa)anent to the District of Columbia in lieu of reimburse-
ment for expenses incurred in connection with Presidential inau-
guration activities, $5,702,000, as authorized by section 737(b) of 
the District of Columbia Self-Govemment 
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. 
FEDERAL CONTRIBUTION FOR REPAIR OF DRINKING WATER SYSTEM 
For a Federal contribution to the District of Columbia Financial 
Responsibility and Management Assistance Authority for contract-
ing with a private entity (or entities) to carry out a progreim 
to inspect, flush, and repair the drinking water distribution system 
of the District of Columbia, $1,000,000. 
PUBLIC LAW 104-194—SEPT. 9, 1996 
110 STAT. 2357 
DrvisiON OF EXPENSES 
The following amounts are appropriated for the District of 
Columbia for the current fiscal year out of the general fund of 
the District of Columbia, except as otherwise 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 fi*om local funds, $12,192,000 and 8 fiiU-
time equivalent positions fi*om Federal funds, £ind $4,780,000 and 
61 full-time equivalent positions fi"om other fiinds): Provided, That 
funds expended for the Office of the Mayor are not to exceed 
$2,109,000, of which $632,000 is fi"om intra-District fimds: Provided 
further, That $327,000 of the fimds for the Office of the Mayor 
shall be transferred to the Department of Administrative Services 
as reimbursement for occupancy costs, including costs for telephone, 
electricity and other services: 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 fi*om this appropriation for official purposes: 
Provided further, That any program fees collected fi-om the issuance 
of debt shall be available ror the payment of expenses of the debt 
management program of the District of Columbia: Provided 
further, 
That no revenues fi*om Federsd sources shall be used to siipport 
the operations or activities of the Statehood Commission £ind State-
hood Compact Commission: Provided further, That the District of 
Columbia shall identify the sources of fimding for Admission to 
Statehood 
fi*om 
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 fiill-
time equivalent positions from local fonds, $45,708,000 and 524 
full-time equivalent positions from Federal funds, and $22,800,000 
and 257 full-time equivalent positions fi-om other funds). 
PUBLIC SAFETY AND JUSTICE 
Public safety and justice, including purchase of 135 passenger-
carrying vehicles for replacement only, including 130 for police-
tjrpe use guid five for fire-type use, without regard to the general 
purchase price limitation for the current fiscal yeeu*, $1,041,281,000 
and 11,842 full-time equivalent positions (including $1,012,112,000 
and 
11,726 full-time 
equivalent positions fi*om local 
fiinds, 
$19,310,000 and 112 full-time equivalent positions fi-om Federal 
funds, and $9,859,000 and 4 fiill-time equivgdent positions fi-om 
other fiinds): 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 authorized 
to replace not to exceed five passenger-carrying vehicles annually 
whenever the cost of repair to any damaged vehicle exceeds three-
fourths of the cost of the replacement: Provided further. That not 
to exceed $500,000 shall be avsdlable fi*om this appropriation for 
the Chief of Police for the prevention and detection of crime: Pro-
vided further. That the Metropolitan Police Department shall pro- Reports. 
110 STAT. 2358 
PUBLIC LAW 104-194—SEPT. 9, 1996 
vide 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 not-
withstanding any other provision 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 
further, That the District of Columbia government may not require 
the Metropolitan Police Department to submit to any other procure-
ment review process, or to obtain the approval of or be restricted 
in any manner by any official or employee of the District of Colum-
bia government, for purchases that do not exceed $500,000: Provided 
further. That fimds appropriated for expenses under the District 
of Columbia CrimingJ 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 avail-
able for obligations incurred under the Act in each fiscal year 
since inception in fiscal year 1975: Provided further. That fiinds 
appropriated for expenses imder 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, 1997, shall be available for obligations incurred 
under the Act in each fiscal year since inception in fiscal year 
1985: Provided further. That funds appropriated for expenses under 
the District of Columbia Guardianship, Protective 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 September 30, 1997, shall be available for obligations 
incurred imder 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 Superior Court of the District of Columbia, 
and $1,500 for the Executive Officer of the District of Columbia 
Courts shall be available fi*om this appropriation for official pur-
Communications, poses: Provided further. That the District of Columbia shall operate 
Prisons. 
and maintain a fi*ee, 24-hour telephone information service whereby 
Virginia. 
residents of the area surrounding Lorton prison in Fedrfax County, 
Virginia, can promptly obtain information fi'om District of Columbia 
government officials on all disturbances at the prison, including 
escapes, riots, and similar incidents: Provided fiirther. That the 
District of Columbia government shall also take steps to publicize 
the availability of the 24-hour telephone information service among 
the residents of the area surroiuiding the Lorton prison: Provided 
further. That not to exceed $100,000 of this appropriation shall 
be used to reimburse Fedrfax 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 
E
rison complex: Provided further. That such reimbursements shall 
e paid in all instances in which the District requests the counties 
to provide police, fire, rescue, and related services to help deal 
with escapes, fires, riots, and similar disturbsuices involving the 
prison: Provided further. That the Mayor shall reimburse the Dis-
trict 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 
amoxmts 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 Columbia National Guard: Provided fur-
PUBLIC LAW 104-194—SEPT. 9, 1996 
110 STAT. 2359 
tker, That such sums as may be necessary for reimbursement 
to the District of Columbia Nationsd Guard under the preceding 
proviso shall be available from this appropriation, and the availabil-
ity of the sums shall be deemed as constituting pajntnent in advance 
for emergency services involved. 
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 equivalent 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 loc^ 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 pro-
vided as payments to one or more pubUc ch£ui;er schools by May 
1, 1997, and remains unallocated, the funds will revert to the 
general fund of the District of Columbia in accordance with section 
2403(a)(2)(D) of the District of Columbia School Reform Act of 
1995 (Public Law 104-134); $88,100,000 from local funds for the 
District of Columbia Teachers' Retirement Fimd; $69,801,000 and 
917 full-time equivalent 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 Columbia; $22,429,000 and 
415 full-time equivalent positions (including $21,529,000 and 408 
full-time equivsdent positions from local fiinds, $446,000 and 6 
full-time equivgdent positions from Federal fimds, and $454,000 
and 1 full-time equivalent position from other funds) for the Public 
Library; $2,220,000 and 9 full-time equivalent positions (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 Commission on the Arts suid Humanities: Provided, 
That the public 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 oflR-
cial 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 
substitute teachers in a restricted line item: Provided further. That 
not less than $1,788,000 shall be available in a restricted line 
item for school coimselors: Provided further. That this appropriation 
shall not be available to subsidize the education of nonresidents 
110 STAT. 2360 
PUBLIC LAW 104-194—SEPT. 9, 1996 
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 Columbia adopts, for the fisc£d 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 non-
resident tuition rate charged at comparable public institutions 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 fiinds): Provided, That 
$24,793,000 of this appropriation, to remain available until 
expended, shall be available solely for District of Columbia employ-
ees' disability compensation: Provided further, That the District 
of Columbia shall not provide free government services such as 
water, sewer, solid waste disposal or collection, utilities, mainte-
nsuice, repairs, or similar services to any legally constituted private 
nonprofit organization (as defined in section 411(5) of Public Law 
100-77, approved July 22, 1987) providing emergency shelter serv-
ices 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; PubUc Law 
100-77; 42 U.S.C. 11301 et seq.). 
PUBLIC WORKS 
Public works, including rentsd of one passenger-canying 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-canying vehicles for replacement only, $247,967,000 and 
1,252 mil-time equivalent positions (including $234,391,000 and 
1,149 full-time equivalent positions from IOCEJ funds, $3,047,000 
and 32 full-time equivalent positions from Federal fimds, and 
$10,529,000 and 71 full-time equivalent positions from other fimds): 
Provided, That this appropriation shall not be available for collect-
ing 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 establishment of a mod-
em, adequate, and efficient hospital center in the District of Colum-
bia, approved August 7, 1946 (60 Stat. 896; Pubhc Law 79-648); 
section 1 of An Act to authorize 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 maintedning the Nation's Capital 
City, approved June 6, 1958 (72 Stat. 183; PubHc Law 85-451; 
D.C. Code, sec. 9-219); section 4 of An Act to authorize the Commis-
PUBLIC LAW 104-194—SEPT. 9, 1996 
110 STAT. 2361 
sioners 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; PubKc Law 86-515); sections 723 and 743(f) 
of the District of Columbia Self-Govemment and Governmental 
Reorganization Act of 1973, approved December 24,1973, as amend-
ed (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 fiind 
accumulated deficit as of September 30, 1990, $38,314,000 from 
local fimds, as authorized by section 461(a) of the District of Colum-
bia 
Self-Govemment 
and 
Governmental 
Reorganization 
Act, 
approved December 24, 1973, as amended (105 Stat. 540; PubUc 
Law 102-106; D.C. Code, sec. 47-321(a)(l)). 
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 connec-
tion with Presidential inauguration activities as authorized by sec-
tion 737(b) of the District of Columbia Self-Govemment and Govern-
mental 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 Certificates of 
Participation involving the land site imderljdng 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 £in executive com-
pensation system, $12,257,000. 
COST REDUCTION INITIATIVES 
The Chief Financial Officer of the District of Columbia shall, 
on behedf of the Mayor and imder 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 
energy cost initiatives, $12,960,000 in purchasing and procurement 
initiatives, and workforce reductions of 2,411 fiiU-time positions 
and $21,375,000. 
110 STAT. 2362 
PUBLIC LAW 104-194—SEPT. 9, 1996 
CAPITAL OUTLAY 
(INCLUDING RESCISSIONS) 
For construction projects, an increase of $46,923,000 (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 luider this heading in prior fiscal years and an addi-
tional $133,419,000 in Federal funds), as authorized by An Act 
authorizing the laying of water mains and service sewers in the 
District of Colimibia, the levjdng of assessments therefor, and for 
other purposes, approved April 22, 1904 (33 Stat. 244; Public Law 
58-140; D.C. Code, sees. 43-1512 through 43-1519); the District 
of Columbia Public Works Act of 1954, approved May 18, 1954 
(68 Stat. 101; PubUc 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 meeting costs of mgdntain-
ing 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 funds for use of each capital project implementing agency 
shall be managed and controlled in accordance with all procedures 
and limitations established under the Financial Management Sys-
tem: Provided further, That all funds provided by this appropriation 
title shall be available only for the specific projects and purposes 
Expiration date, 
intended: Provided further. That notwithstanding the foregoing, 
all authorizations for capital 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 fimds 
£u*e provided by this appropriation title, shall expire on September 
30, 1998, except authorizations for projects as to which fimds have 
been obligated in whole or in part prior to September 30, 1998: 
Provided 
further. 
That upon expiration of any such project 
authorization the funds provided herein for the project shall lapse. 
WATER AND SEWER ENTERPRISE FUND 
For the Water and Sewer Enterprise Fund, $221,362,000 from 
other funds of which $41,833,000 shall be apportioned and payable 
to the debt service fund for repajmient of lo£uis and interest incurred 
for capital improvement projects. 
LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND 
For the Lottery and Charitable Games Enterprise Fund, estab-
lished by the District of Columbia Appropriation 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 Nimibers 
Games, and Bingo and Rafiles for Charitable Purposes in the Dis-
trict of Columbia, effective March 10, 1981 (D.C. Law 3-172; D.C. 
Code, sees. 2-2501 et seq. and 22-1516 et seq.), $247,900,000 and 
100 full-time equivalent positions (including $7,850,000 and 100 
full-time equivalent positions for administrative expenses and 
PUBLIC LAW 104-194—SEPT. 9, 1996 
110 STAT. 2363 
$240,050,000 for non-administrative expenses from revenue gen-
erated by the Lottery Board), to be derived from non-Federal Dis-
trict 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-generated 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, established by the 
Cable Television Communications Act of 1981, effective October 
22, 1983 (D.C. Law 5-36; D.C. Code, sec. 43-1801 et seq.), 
$2,511,000 
and 
8 
full-time 
equivalent 
positions 
(including 
$2,179,000 and 8 full-time equivalent positions from local funds 
and $332,000 from other ftmds). 
STARPLEX FUND 
For the Starplex Fund, $8,717,000 from other funds for 
expenses incurred by the Armory Board in the exercise of its powers 
granted by An Act To Establish A District of Columbia Armory 
Board, and for other purposes, 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; 
Public Law 85-300; D.Cf. 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 section 442(b) of the District 
of Columbia Self-Govemment and Governmental Reorganization 
Act, approved December 24, 1973 (87 Stat. 824; PubHc Law 93-
198; D.C. Code, sec. 47-301(b)). 
D.C. GENERAL HOSPITAL 
For the District of Columbia General Hospital, established by 
Reorganization Order No. 57 of the Board of Commissioners, effec-
tive August 15, 1953, $112,419,000 of which $59,735,000 shall be 
derived by transfer from the general fund and $52,684,000 shall 
be derived from other funds. 
D.C. RETIREMENT BOARD 
For the D.C. Retirement Board, established by section 121 
of the District of Columbia Retirement Reform Act of 1979, approved 
November 17, 1979 (93 Stat. 866; D.C. Code, sec. 1-711), 
$16,667,000 and 13 full-time equivalent positions from the earnings 
of the applicable retirement fiinds to pay legal, management, invest-
ment, and other fees and administrative expenses of the District 
of Columbia Retirement Board: Provided, That the District of Reports. 
Columbia Retirement Board shall provide to the Congress and 
to the Council of the District of Columbia a quarterly report of 
the allocations of charges by fund and of expenditures of all funds: 
Provided further. That the District of Colimibia Retirement Board 
shall provide the Mayor, for transmittal to the Council of the 
District of Columbia, an item accounting of the planned use of 
appropriated funds in time for each annual budget submission 
110 STAT. 2364 
PUBLIC LAW 104-194—SEPT. 9, 1996 
and the actual use of such funds in time for each annual audited 
financial report. 
CORRECTIONAL INDUSTRIES FUND 
For the Correctional Industries Fund, established by the Dis-
trict of Columbia Correctional Industries Establishment Act, 
approved October 3, 1964 (78 Stat. 1000; PubUc Law 88-622), 
$3,052,000 and 50 fiiU-time equivalent positions from other funds. 
WASHINGTON CONVENTION CENTER ENTERPRISE FUND 
For the Washington Convention Center Enterprise Fimd, 
$47,996,000 of which $5,400,000 shall be derived by transfer from 
the general fund. 
DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY AND 
MANAGEMENT ASSISTANCE AUTHORITY 
For the District of Columbia Financial ResponsibiUty and 
Meinagement Assistance Authority, established by section 101(a) 
of the District of Columbia Financial Responsibility and Manage-
ment Assistance Act of 1995, approved April 17, 1995 (109 Stat. 
97; Public Law 104-8), $3,400,000. 
GENERAL PROVISIONS 
Contracts. 
SEC. 101. The expenditure of any appropriation under this 
Act for any consulting service through procurement contract, pursu-
ant 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 exist-
ing law, or under existing Executive order issued pursusint to exist-
ing law. 
SEC. 102. Except as otherwise provided in this Act, all vouchers 
covering expenditures of appropriations contained in this Act shall 
be audited before pa5niient by the designated certifying official 
and the vouchers as approved shall be paid by checks issued by 
the designated disbursing officied. 
SEC. 103. Whenever in this Act, an amount is specified within 
an appropriation for particular purposes or objects of expenditure, 
such amoimt, unless otherwise specified, shall be considered as 
the maximum amount that may be expended for said purpose 
or object rather than an amoimt set apart exclusively therefor. 
SEC. 104. Appropriations in this Act shall be available, when 
authorized by the Mayor, for allowances for privately-owned auto-
mobiles and motorcycles used for the performance of official duties 
at rates established by the Mayor: Provided, That such rates shaJl 
not exceed the maximimi 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 available 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. 
PUBLIC LAW 104-194—SEPT. 9, 1996 
110 STAT. 2365 
SEC, 106. There are appropriated from the appUcable funds 
of the District of Columbia such simis 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 modify-
ing or affecting the provisions of section 11(c)(3) of title XII of 
the District of Columbia Income and Freinchise 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 available for 
the pa3nnent of public assistance without reference to the require-
ment of section 544 of the District of Columbia 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 fimds necessary 
to qualify for Federal 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 remsiin available for obligation beyond the current fiscal year 
unless expressly so provided herein. 
SEC, 109. No fimds appropriated in this Act for the District 
of Columbia government for the operation of educational institu-
tions, the compensation of personnel, or for other educational pur-
poses may be used to permit, encourage, facilitate, or further par-
tisan politicsd 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, None of the funds appropriated in this Act shall 
be made available to pay the salsiry 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 Committees on Appropriations, the Sub-
committee on the District of Columbia of the House (Committee 
on Government Reform and Oversight, the Subcommittee on Over-
sight of (jovemment Management and the District of Colimibia 
of the Senate Committee on Governmental Affairs, and the Council 
of the District of Columbia, or their duly authorized representative. 
SEC, 111, TTiere 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 September 23, 1977 (D,C, Law 
2-20; D,C, Code, sec, 47-421 et seq,). 
SEC, 112, No part of this appropriation shall be used for public-
ity or propaganda purposes or implementation of any policy includ-
ing boycott designed to support or defeat legislation pending before 
Congress or any State legislature. 
SEC, 113, At the start of the fiscal year, the Mayor shall 
develop an annual plan, by quarter and by project, for capital 
outlay borrowings: Provided, TTiat within a reasonable time after Reports, 
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 compeired with projections. 
SEC, 114, The Mayor shall not borrow any funds for capital 
projects unless the Mayor has obtained prior approval from the 
Council of the District of Columbia, by resolution, identifying the 
projects and amounts to be financed with such borrowings. 
110 STAT. 2366 
PUBLIC LAW 104-194—SEPT. 9, 1996 
SEC. 115. The Mayor shall not expend any moneys borrowed 
for capital projects for the operating expenses of the District of 
Columbia government. 
SEC. 116. None of the funds appropriated by this Act may 
be obligated or expended by reprogramming except pursuant to 
advance approval of the reprogramming granted according to the 
procedure set forth in the Joint Explanatory Statement of the 
Committee of Conference (House Report No. 9&-443), which accom-
panied the District of Columbia Appropriation Act, 1980, approved 
October 30, 1979 (93 Stat. 713; PubHc Law 96-93), as modified 
in House Report No. 98-265, and in accordance with the Reprogram-
ming PoHcy Act of 1980, effective September 16, 1980 (D.C. Law 
ApplicabiUty. 
3-100; D.C. Code, sec. 47-361 et seq.): Provided, That for the 
fiscal year ending September 30, 1997 the above shall apply except 
as modified by Public Law 104-8. 
SEC. 117. None of the Federal fimds provided in this Act shall 
be obligated or expended to provide a personal cook, chauffeur, 
or other personal servants to any officer or employee of the District 
of Columbia. 
SEC. 118. None of the Federal fimds 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 Environmental Protection Agency estimated miles 
per gallon average of less than 22 miles per gallon: Provided, 
That this section shall not apply to security, emergency rescue, 
or armored vehicles. 
SEC. 119. (a) Notwithstanding section 422(7) of the District 
of Columbia Self-Government and Governmental Reorganization 
Act of 1973, approved December 24, 1973 (87 Stat. 790; Public 
Law 93-198; D.C. Code, sec. 1-242(7)), the City Administrator 
shall be paid, during any fiscal year, a salary at a rate established 
by the Mayor, not to exceed the rate established for Level IV 
of the Executive Schedule imder 5 U.S.C. 5315. 
(b) For purposes of appl5dng any provision of law limiting 
the availability of funds for payment of salary or pay in any fiscal 
year, the highest rate of pay established by the Mayor under sub-
section (a) of this section for any position for any period during 
the last quarter of csdendar year 1996 shall be deemed to be 
the rate of pay payable for that position for September 30, 1996. 
(c) Notwithstanding section 4(a) of the District of Columbia 
Redevelopment Act of 1945, approved August 2, 1946 (60 Stat. 
793; Public Law 79-592; D.C. Code, sec. 5-803(a)), the Board of 
Directors of the District of Columbia Redevelopment Land Agency 
shall be paid, during any fiscal year, per diem compensation at 
a rate established by the Mayor. 
SEC. 120. Notwithstanding any other provisions of law, the 
provisions of 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.), enacted pursueuit to section 
422(3) of the District of Columbia Self-Govemment and (jovem-
mental 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 Dis-
trict of Columbia government shall not be subject to the provisions 
of title 5, United States Code. 
PUBLIC LAW 104-194—SEPT. 9, 1996 
110 STAT. 2367 
SEC. 121. The Director of the Department of Administrative 
Services may pay rentals and repair, alter, and improve rented 
premises, without regard to the provisions of section 322 of the 
Economy Act of 1932 (Public Law 72-212; 40 U.S.C. 278a), based 
upon a determination by the Director, that by reason of cir-
cumstances set forth in such determination, the pajmient of these 
rents and the execution of this work, without reference to the 
limitations of section 322, is advsintageous to the District in terms 
of economy, efficiency, and the Districts best interest. 
SEC. 122. No later than 30 days after the end of the first 
quarter of the fisceJ year ending September 30, 1997, the Mayor 
of the District of Columbia shall submit to the Council of the 
District of Columbia the new fiscal year 1997 revenue estimates 
as of the end of the first quarter of fiscal year 1997. These estimates 
shall be used in the budget request for the fiscal year ending 
September 30, 1998. The officially revised estimates at midyear 
shall be used for the midyear report. 
SEC. 123. No sole source contract with the District of Columbia 
government or any agency thereof may be renewed or extended 
without opening that contract to the competitive bidding process 
as set forth in section 303 of the District of Colimibia 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 determina-
tion as to whether to invoke the competitive bidding process has 
been made in accordance with duly promulgated Boardf of Education 
rules and procedures. 
SEC. 124. For purposes of the Balanced Budget and Emergency 
Deficit Control Act of 1985, approved December 12, 1985 (99 Stat. 
1037; PubUc Law 99-177), as amended, the term "program, project, 
and activity" shall be synonymous with and refer specifically to 
each account appropriating Federal fimds in this Act, and any 
sequestration order shall be applied to each of the accounts rather 
than to the aggregate total of those accounts: Provided, That seques-
tration orders shall not be applied to any account that is specifically 
exempted fi-om sequestration by the Balanced Budget and Emer-
gency Deficit Control Act of 1985, approved December 12, 1985 
(99 Stat. 1037; Public Law 99-177), as amended. 
SEC. 125. In the event a sequestration order is issued pursuant 
to the Balanced Budget and Emergency Deficit Control Act of 
1985, approved December 12, 1985 (99 Stat. 1037; PubUc 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 Columbia, the Mayor of the District of Columbia shaJl 
pay to the Secretary of the Treasury, within 15 days aft;er receipt 
of a request therefor fi*om the Secretary of the Treasury, such 
amounts as are sequestered by the order: Provided, That tiie seques- Sequestration, 
tration percentage specified in the order shall be applied proportion-
ately to each of the Federal appropriation accounts in this Act 
that are not specifically exempted from sequestration by the Bal-
anced Budget and Emergency Deficit Control Act of 1985, approved 
December 12, 1985 (99 Stat. 1037; Public Law 99-177), as amended. 
SEC. 126. Nothing in this Act shall be construed to authorize 
any office, agency or entity to expend funds for programs or func-
tions for which a reorganization plan is required but has not been 
approved by the Council pursuant to section 422(12) of the District 
110 STAT. 2368 
PUBLIC LAW 104-194—SEPT. 9, 1996 
of Columbia Self-Govemment 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 Governmental 
Reorganization Procedures Act of 1981, effective October 17, 1981 
(D.C. Law 4-42; D.C. Code, sees. 1-299.1 to 1-299.7). Appropria-
tions made by this Act for such programs or functions are condi-
tioned on the approval by the Council 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. 
Records. 
(b) Each entity of the District of Columbia government shall 
Public inspection, keep accurate and detailed records of the acceptance £ind use of 
any gift or donation under subsection (a) of this section, £ind 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 independent agency 
of the District of Columbia. 
(d) This section shall not apply to the District of Columbia 
Board of Education, which may, pursuant to the laws and regula-
tions of the District of Columbia, accept and use gifts to the public 
schools without prior approval by the Mayor. 
SEC. 128. None of the Federal ftmds 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 Representative 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. 
l-113(d)). 
PROHIBITION AGAINST USE OF FUNDS FOR ABORTIONS 
SEC. 129. None of the funds appropriated under this Act shall 
be expended for any abortion except where the life of the mother 
would be endangered if the fetus were carried to term or where 
the pregnancy is the result of an act of rape or incest. 
PROHIBITION ON DOMESTIC PARTNERS ACT 
SEC. 130. No funds made aveulable pursuant to any provision 
of this Act shsdl be used to implement or enforce any system 
of registration of unmarried, cohabiting couples whether they are 
homosexual, lesbisui, or heterosexual, including but not limited 
to registration for the purpose of extending employment, health, 
or governmental benefits to such couples on the same basis that 
such 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. 
PUBLIC LAW 104-194—SEPT. 9, 1996 
110 STAT. 2369 
COMPENSATION OF MEMBERS OF JUDICIAL NOMINATION COMMISSION 
SEC. 131. (a) IN GENERAL.—Effective as if included in the Effective date, 
enactment of the District of Columbia Appropriations Act, 1996, 
section 434(b)(5) of the District of Columbia Self-Govemment and 
Governmental Reorganization Act is amended to read as follows: 
"(5) Members of the Commission shall serve without compensa-
tion for services rendered in connection with their official duties 
on the Commission.". 
(b) CONFORMING AMENDMENT.—Section 133(b) of the District 
of Columbia Appropriations Act, 1996 is hereby repealed, and the Ante. p. 1321-92. 
provision of law amended by such section is hereby restored as 
if such section had not been enacted into law. 
MONTHLY REPORTING REQUIREMENTS—BOARD OF EDUCATION 
SEC. 132. The Board of Education shall submit to the Congress, 
the Mayor, the District of Columbia Financial Responsibility and 
Management Assistance Authority, and the Council of the District 
of Columbia no later than fifteen (15) calendar days after the 
end of each month a report that sets forth— 
(1) current month expenditures and obligations, year-to-
date expenditures and obligations, and total fiscsd year expendi-
ture projections vs. budget broken out on the basis of control 
center, responsibility center, 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 fi*ozen, broken out by control center, 
responsibility center, detailed object, and agency reporting code, 
and for all funding sources; 
(4) a list of all active contracts in excess of $10,000 
annusdly, 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 report-
ing 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 modifications, extensions, renewals; 
and specific modifications 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 organizational 
structure of the D.C. Public Schools, displaying previous and 
current control centers £uid responsibility centers, the names 
of the organizationsd entities that have been changed, the name 
of the staff member supervising each entity affected, and the 
reasons for the structural change. 
110 STAT. 2370 
PUBLIC LAW 104-194—SEPT. 9, 1996 
MONTHLY REPORTING REQUIREMENTS 
UNIVERSITY OF THE DISTRICT OF COLUMBIA 
SEC. 133. The University of the District of Columbia shall 
submit to the Congress, the Mayor, the District of Columbia Finan-
cial Responsibility and Management Assistance Authority, and the 
Council of the District of Columbia no later than fifteen (15) cal-
endar 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 expendi-
ture projections vs. budget broken out on the basis of control 
center, responsibility center, and object class, and for all ftmds, 
non-appropriated fiinds, and capital financing; 
(2) a breakdown of FTE positions and all employees for 
the most current pay period broken out on the basis of control 
center and responsibility center, for all fiinds, including capital 
fiinds; 
(3) a list of each accoimt for which spending is fi*ozen 
and the amount of fiinds fi*ozen, broken out by control center, 
responsibility center, detailed object, and for all funding 
sources; 
(4) a list of all active contracts in excess of $10,000 
annually, which contains the nsime of each contractor; the 
budget to which the contract is chsirged broken out on the 
basis of control center and responsibility center, and contract 
identifying codes used by the University of the District of 
Columbia; payments made in the last month and year-to-date, 
the total amount of the contract and total pa5anents made 
for the contract and any modifications, extensions, renewals; 
and specific modifications made to each contract in the last 
month; 
(5) all reprogramming requests and reports that have been 
made by the University of the District of Columbia within 
the last month in compliance with applicable law; and 
(6) changes made in the last month to the organizational 
structure of the University of the District of Columbia, display-
ing previous and current control centers and responsibility cen-
ters, the names of the organizational entities that have been 
chsinged, the name of the staff member supervising each entity 
affected, and the reasons for the structural change. 
ANNUAL REPORTING REQUIREMENTS 
SEC. 134. (a) IN GENERAL.—The Board of Education of the 
District of Columbia and the University of the District of Columbia 
shall annually compile an accurate £ind verifiable report on the 
positions and employees in the public school system and the univer-
sity, respectively. The annual report shall set ftrth— 
(1) the number of validated schedule A positions in the 
District of Columbia Public Schools and the University of the 
District of Columbia for fiscal year 1996, fiscal year 1997, 
and thereafter on a full-time equivalent basis, including a com-
pilation of all positions by control center, responsibility center, 
funding source, position type, position title, pay plein, grade, 
and annual salary; and 
(2) a compilation of all employees in the District of Colum-
bia Public Schools and the University of the District of Colum-
PUBLIC LAW 104-194—SEPT. 9, 1996 
110 STAT. 2371 
bia as of the preceding December 31, verified as to its accuracy 
in accordance with the functions that each employee actually 
performs, by control center, responsibiUty center, agency report-
ing code, program (including funding source), activity, location 
for accounting purposes, job title, grade eind classification, 
annual salary, and position control nimiber. 
(b) SUBMISSION.—^The annual report required by subsection 
(a) of this section shall be submitted to the Congress, the 
Mayor, the District of Columbia Council, the Consensus 
Commission, and the Authority, not later than February 15 
of each year. 
ANNUAL 
BUDGETS 
AND 
BUDGET 
REVISIONS 
SEC. 135. (a) No later than October 1, 1996, or within 15 
calendar days aft;er the date of the enactment of the District of 
Columbia Appropriations Act, 1997, whichever occurs later, and 
each succeeding year, the Board of Education and the University 
of tiie District of Columbia shsdl submit to the appropriate congres-
sional committees, the Mayor, the District of Columbia Council, 
the Consensus Commission, and the District of Columbia Financial 
Responsibility and Management Assistance Authority, a revised 
appropriated funds operating budget for the public school system 
and the University of the District of Columbia for such fiscal year 
that is in the total amount of the approved appropriation and 
that realigns budgeted data for personal services and other-than-
personal services, respectively, with anticipated actual expendi-
tures. 
(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 submission to the Coimcil of the District of Columbia pursu-
ant to section 442 of the District of Columbia Self-Govemment 
and Governmental Reorganization Act, Public Law 93-198, as 
amended (D.C. Code, sec. 47-301). 
EDUCATIONAL BUDGET APPROVAL 
SEC. 136. The Board of Education, the Board of Trustees of 
the University of the District of Columbia, the Board of Library 
Trustees, and the Board of Governors of the D.C. School of Law 
shall vote on and approve their respective annual or revised budgets 
before submission to the Mayor of the District of Columbia for 
inclusion in the Mayor's budget submission to the Council of the 
District of Columbia in accordance with section 442 of the District 
of Columbia Self-Govemment and Governmental Reorganization 
Act, Public Law 93-198, as amended (D.C. Code, sec. 47-301), 
or before submitting their respective budgets directly to the Council. 
PUBLIC SCHOOL EMPLOYEE EVALUATIONS 
SEC. 137. Notwithstanding any other provision of law, rule, 
or regulation, the evaluation process £uid instruments for ev£duating 
District of Columbia Public Schools employees shall be a non-
negotiable item for collective bargaining piirposes. 
29-194 O - 96 - 21: QL 3 Part 3 
110 STAT. 2372 
PUBLIC LAW 104-194—SEPT. 9, 1996 
MODIFICATIONS OP BOARD OF EDUCATION REDUCTION-IN-FORCE 
PROCEDURES 
S E C 138. The District of Columbia Government Comprehensive 
Merit Personnel Act of 1978 (D.C. Code, sec. 1-601.1 et seq.), 
is amended— 
(1) in section 301 (D.C. Code, sec. 1-603.1)— 
(A) by inserting after paragraph (13), the following 
new paragraph: 
"(ISA) The term 'nonschool-based personnel' mesins any 
employee of the District of Columbia public schools who is 
not based at a local school or who does not provide direct 
services to individual students."; £ind 
(B) by inserting after paragraph (15), the following 
new paragraph: 
"(15A) The term 'school administrators' means principals, 
assistant principals, school program directors, coordinators, 
instructional supervisors, and support personnel of the District 
of Columbia public schools."; 
(2) in section 801A(b)(2) (D.C. Code, sec. l-609.1(b)(2)(L))— 
(A) by striking "(L) reduction-in-force" and inserting 
"(L)(i) reduction-in-force"; and 
(B) by inserting after subparagraph (L)(i), the following 
new clause: 
"(ii) notwithstanding any other provision of law, 
the Board of Education shall not issue rules that 
require or permit nonschool-based personnel or school 
administrators to be assigned or reassigned to the same 
competitive level as classroom teachers;"; and 
(3) in section 2402 (D.C. Code, sec. 1-625.2), by adding 
at the end the following new subsection: 
"(f) Notwithstanding any other provision of law, the Board 
of Education shall not require or permit nonschool-based personnel 
or school administrators to be assigned or reassigned to the same 
competitive level as classroom teachers.". 
SEC. 139. (a) Notwithstanding any other provision of law, rule, 
or regulation, an employee of the District of Columbia Public Schools 
shall be— 
(1) classified as an Educational Service employee; 
(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 competi-
tive area from nonschool-based personnel who shall not compete 
with school-based personnel for retention purposes. 
MODIFICATION OF REDUCTION-IN-FORCE PROCEDURES 
SEC. 140. (a) Section 2401 of the District of Columbia Govern-
ment Comprehensive Merit Personnel Act of 1978 (D.C. Code, sec. 
1-625.1 et seq.) is amended by amending the third sentence to 
read as follows: "A 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) The District of Columbia Government Comprehensive Merit 
Personnel Act of 1978 (D.C. Code, sec. 1-601.1 et seq.), as amended 
by section 149 of the District of Columbia Appropriations Act, 
PUBLIC LAW 104-194—SEPT. 9, 1996 
110 STAT. 2373 
1996 (Public Law 104-134), is amended by adding at the end Ante, p. 1321-97. 
the following new section: 
"SEC. 2407. ABOLISHMENT OF POSITIONS FOR FISCAL YEAR 1997. 
"(a) Notwithstanding £iny other provision of law, regulation, 
or collective bargaining agreement either in effect or to be nego-
tiated while this legislation is in effect for the fiscal year ending 
September 30, 1997, each agency head is authorized, within the 
agency head's discretion, to identify positions for abolishment. 
"(b) Prior to February 1, 1997, each personnel authority shall 
make a final determination that a position within the personnel 
authority is to be abolished. 
"(c) Notwithstanding any rights or procedures established by 
any other provision of this title, any District government employee, 
regardless of date of hire, who encumbers a position identified 
for abolishment shall be separated without competition or assign-
ment rights, except as provided in this section. 
"(d) An employee affected by the abolishment of a position 
pursuant to this section who, but for this section would be entitled 
to compete for retention, shall be entitled to one roimd of lateral 
competition pursuant to Chapter 24 of the District of Columbia 
Personnel Manual, which shall be limited to positions in the employ-
ee'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 sub-
section only, a nonresident District employee who was hired by 
the District government prior to January 1, 1980, and has not 
had a break in service since that date, or a former employee 
of the United States Department of Health and Human Services 
at Saint Elizabeths Hospital who accepted emplojrment with the 
District government on October 1, 1987, and has not had a break 
in service since that date, shall be considered a District resident. 
"(f) Each employee selected for separation pursuant to this Notice, 
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 specific position 
is to be abolished, nor separation pursuant to this section shall 
be subject to review except as follows— 
"(1) an employee may file a complaint contesting a deter-
mination or a separation pursuant to title XV of this Act 
or section 303 of the Humsin 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 separation procedures 
of subsections (d) and (f) of this section were not properly 
applied. 
"(h) An employee separated pursuant to this section shall be Severance pay. 
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 employees separated pursuant to this 
section— 
"(1) four years for an employee who quaUfied for veterans 
preference under this Act, and 
110 STAT. 2374 
PUBLIC LAW 104-194—SEPT. 9, 1996 
"(2) three years for an employee who quaUfied for residency 
preference under this Act. 
"(i) Separation pursuant to this section shall not affect an 
employee's rights imder either the Agency Reemployment Priority 
Program or the Displaced Employee Program established pursuant 
to Chapter 24 of the District Personnel Manual. 
Listing. 
"(j) The Mayor shall submit to the Council a listing of all 
positions to be abolished by agency and responsibility center by 
March 1, 1997, or upon the delivery of termination 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. 
Termination 
"(1) A personnel authority shall cause a 30-day termination 
notice. 
notice to be served, no later than September 1, 1997, on any 
incumbent employee remaining in any position identified to be 
abolished pursusuit to subsection (b) of this section.". 
CEILING ON EXPENSES AND DEFICIT 
SEC. 
141. (a) CEILING ON TOTAL OPERATING EXPENSES AND 
DEFICIT.— 
(1) IN GENERAL.—Notwithstanding any other provision of 
law, the total amount appropriated in this Act for operating 
expenses for the District of Columbia for fiscal year 1997 under 
the caption "DIVISION OF EXPENSES" shall not exceed the lesser 
of— 
(A) the sum of the total revenues of the District of 
Columbia for such fiscal year and $74,000,000; or 
(B) $5,108,913,000 (of which $134,528,000 shall be from 
intra-District funds). 
(2) ENFORCEMENT.—The Chief Financial Officer of the Dis-
trict of Columbia and the District of Columbia Financial 
Responsibility and Management Assistance Authority shall take 
such steps as are necessary to assure that the District of 
Columbia meets the requirements of this section, including 
the apportioning by the Chief Financial Officer of the appropria-
tions and funds made available to the District during fiscal 
year 1997. 
(b) 
ACCEPTANCE AND USE OF GRANTS NOT INCLUDED IN 
CEILING.— 
(1) IN GENERAL.—Notwithstanding subsection (a), the 
Mayor of the District of Columbia may accept, obligate, and 
expend Federal, private, and other grants received by the Dis-
trict government that are not reflected in the amounts appro-
priated in this Act. 
(2) REQUIREMENT OF CHIEF FINANCIAL OFFICER REPORT AND 
FINANCIAL 
RESPONSIBILITY 
AND 
MANAGEMENT 
ASSISTANCE 
AUTHORITY APPROVAL.—^No such Federal, private, or other grant 
may be accepted, obligated, or expended pursuant to paragraph 
(1) until— 
(A) the Chief Financial Officer of the District submits 
to the District of Columbia Financial Responsibility and 
Management Assistance Authority established by Public 
Law 104-8 (109 Stat. 97) a report setting forth detailed 
information regarding such grant; and 
(B) the District of Columbia Financial Responsibility 
and Management Assistance Authority has reviewed and 
approved the acceptsince, obligation, and expenditure of 
PUBLIC LAW 104-194—SEPT. 9, 1996 
110 STAT. 2375 
such grant in accordance with review and approval proce-
dures consistent with the provisions of PubHc Law 104-
8, the District of Columbia Financial Responsibility and 
Management Assistance Act of 1995. 
(3) PROHIBITION ON SPENDING IN ANTICIPATION OF APPROVAL 
OR RECEIPT.—No amount may be obligated or expended from 
the general fund or other funds of the District government 
in anticipation of the approval or receipt of a grant imder 
paragraph (2)(B) or in anticipation of the approval or receipt 
of a Federal, private, or other grant not subject to such para-
graph. 
(4) MONTHLY REPORTS.—The Chief Financial Officer of the 
District shall prepare a monthly report setting forth detailed 
information regarding all Federal, private, and other grants 
subject to this subsection. Each such report shall be submitted 
to the Council of the District of Columbia, and to the Commit-
tees on Appropriations of the House of Representatives and 
the Senate, not later than 15 days after the end of the month 
covered by the report. 
CHIEF FINANCIAL OFFICER POWERS DURING CONTROL PERIODS 
SEC. 142. Notwithstanding any other provision of law, during 
any control period in effect under subtitle A of title II of the 
District of Columbia Financial Responsibility and Management 
Assistance Act of 1995 the following shall apply: 
(a) The heads suid all personnel of the following offices, 
together with all other District of Columbia accounting, budget, 
and financial management personnel (including personnel of 
independent agencies but not including personnel of the legisla-
tive and judicial branches of the District government), shall 
be appointed by, shall serve at the pleasure of, and shall 
act under the direction and control of the Chief Financial 
Officer: 
The Office of the Treasurer. 
The Controller of the District of Columbia. 
The Office of the Budget. 
The Office of Financial Information Services. 
The Department of Finance and Revenue. 
The District of Columbia Financial Responsibility and Manage-
ment Assistance Authority established pursuant to Public Law 
104-8, approved April 17, 1995, may remove such individuals 
from office for cause, after consultation with the Mayor and 
the Chief Financial Officer. 
(b) The Chief Financial Officer shall prepare and submit 
to the Mayor, for inclusion in the annual budget of the District 
of Columbia under part D of title IV of the District of Columbia 
Self-Govemment and Governmental Reorganization Act of 
1973, approved December 24, 1973 (87 Stat. 774; Pubhc Law 
93-198), as amended, for each fiscal year occurring during 
a control period in effect under subtitle A of title 11 of the 
District of Columbia Financial Responsibility and Management 
Assistance Act of 1995, annual estimates of the expenditures 
and appropriations necessary for the operation of the Office 
of the Chief Financial Officer for the year. All such estimates 
shall be forwarded by the Mayor to the Council of the District 
of Columbia for its action pursuant to sections 446 and 603(c) 
of the District of Columbia Self-Govemment and Governmental 
110 STAT. 2376 
PUBLIC LAW 104-194—SEPT. 9, 1996 
Reorganization Act, Public Law 93-198, approved December 
24, 1973, without revision but subject to recommendations. 
Notwithstanding any other provisions of the District of Colum-
bia Self-Govemment and Governmental Reorganization Act, 
PubUc Law 93-198, approved December 24, 1973, the Coimcil 
may comment or make recommendations concerning such esti-
mates, but shall have no authority to revise such estimates. 
POLICE AND FIRE FIGHTER DISABILITY RETIREMENTS 
SEC. 143. (a) Up to 50 police officers and up to 50 Fire and 
Emergency Medical Services members with less than 20 years of 
departmental service who were hired before February 14, 1980, 
and who retire on disability before the end of calendar year 1997 
shall be excluded from the computation of the rate of disability 
retirements under subsection 145(a) of the District of Columbia 
Retirement Reform Act of 1979 (93 Stat. 882; D.C. Code, sec. 
l-725(a)), for purposes of reducing the authorized Federal pajmaent 
to the District of Columbia Police Officers and Fire Fighters' Retire-
ment Fund pursuant to subsection 145(c) of the District of Columbia 
Retirement Reform Act of 1979. 
(b) The Mayor, within 30 days after the enactment of this 
provision, shall engage an enrolled actuary, to be paid by the 
District of Columbia Retirement Board, and shall comply with the 
requirements of section 142(d) and section 144(d) of the District 
of Columbia Retirement Reform Act of 1979 (Public Law 96-122, 
approved November 17, 1979; D.C. Code, sees. l-722(d) and 1-
724(d)). 
Effective date. 
(c) This section shall not go into effect until 15 days after 
Reports. 
the Mayor transmits the actuarial report required by section 142(d) 
of the District of Columbia Retirement Reform Act of 1979 (Public 
Law 96-122, approved November 17,1979) to the District of Colum-
bia Retirement Board, the Spe^er of the House of Representatives, 
and the President pro tempore of the Senate. 
SEC. 144. (a) Section 451(cX3) of the District of Columbia Self-
Govemment and Grovemmental Reorganization Act, approved 
December 24, 1973 (87 Stat. 803; D.C. Code, sec. 1-1130(c)(3)), 
is amended by striking the word "section" and inserting the word 
"subsection" in its place. 
DISTRICT OF COLUMBIA SCHOOL REFORM 
SEC. 145. Section 2204(c)(2) of the District of Columbia School 
Ante. p. 1321- 
Reform Act of 1995 (Public Law 104^134) is amended to read 
119- 
as follows: 
"(2) TUITION, FEES, AND PAYMENTS.— 
"(A) PROHIBITION.—^A pubUc charter school may not, 
with respect to any student other than a nonresident stu-
dent, charge tuition, impose fees, or otherwise require pay-
ment for participation in any program, educational offering, 
or activity that— 
"(i) enrolls students in any grade from kinder-
garten through grade 12; or 
"(ii) is funded in whole or part through an annual 
local appropriation. 
"(B) EXCEPTION.—^A public chsirter school may impose 
fees or otherwise require payment, at rates established 
by the Board of Trustees of the school, for any program, 
PUBLIC LAW 104-194—SEPT. 9, 1996 
110 STAT. 2377 
educational offering, or activity not described in clause 
(i) or (ii) of subparagraph (A), including adult education 
programs, or for field trips or similar activities.". 
SEC. 
146. 
(a) COMPLIANCE WITH BUY AMERICAN ACT.—None 
of the funds made available in this Act may be expended by an 
entity unless the entity agrees that in expending the funds the 
entity will comply with the Buy American Act (41 U.S.C. 10a-
10c). 
(b) SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE,— 
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PROD-
UCTS.—In the case of any equipment or product that may 
be authorized to be purchased with financial assistance pro-
vided using funds made available in this Act, it is the sense 
of the Congress that entities receiving the assistance should, 
in expending the assistance, purchase only American-made 
equipment and products to the greatest extent practicable. 
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing 
financial V assistance using funds made available in this Act, 
the head of each agency of the Federal or District of Columbia 
government shall provide to each recipient of the assistance 
a notice describing the statement made in paragraph (1) by 
the Congress. 
(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABEL-
ING PRODUCTS AS MADE IN AMERICA.—If it has been finally deter-
mined by a court or Federal agency that any person intentionally 
affixed a label bearing a "Made in America" inscription, or any 
inscription with the same meaning, to any product sold in or shipped 
to the United States that is not made in the United States, the 
person shall be ineligible to receive £iny contract or subcontract 
made with funds made available in this Act, pursuant to the debar-
ment, suspension, and ineligibility procedures described in sections 
9.400 through 9.409 of title 48, Code of Federal Regulations. 
SEC. 147. Notwithstanding any other law, the District of Colum-
bia Housing Finance Agency, established by section 210 of the 
District of Columbia Housing Finance Agency Act, effective March 
3, 1979 (D.C. Law 2-135; D.C. Code, sec. 45-2111) shall not be 
required to repay moneys advanced by the District government 
(including accrued interest thereon) pursuant to Congressional 
appropriations for fiscal years 1980 through 1992. 
SEC. 148. Section 2561(b) of the District of Columbia School 
Reform Act of 1995 (Public Law 104-134) is amended to read Ante, p. 1321-
as follows: 
143. 
"(b) LIMITATION,—^A waiver under subsection (a) shall not apply 
to requirements under 40 U.S.C. 267a-276a-7 and Executive Order 
11246.", 
ENERGY AND WATER SAVINGS AT DISTRICT OF COLUMBL\ FACILITIES 
SEC, 149, The Director of the District of Columbia Office of 
Energy shall, subject to the contract approval provisions of Public 
Law 104-8— 
(A) develop a comprehensive plan to identify and accom-
plish energy conservation measures to achieve maximum cost-
effective energy and water savings; 
(B) enter into innovative financing and contractual mecha- Contracts, 
nisms including, but not limited to, utility demand-side manage-
ment programs and energy savings performance contracts and 
110 STAT. 2378 
PUBLIC LAW 104-194—SEPT. 9, 1996 
water conservation performance contracts: Provided, That the 
terms of such contracts do not exceed twenty-five years; and 
(C) permit and encourage each department or agency and 
other instrumentality of the District of Columbia to participate 
in programs conducted by any gas, electric or water utility 
of the management of electricity or gas demand or for energy 
or water conservation. 
REDUCTION IN MINIMUM NUMBER OF MEMBERS OF THE BOARD OF 
TRUSTEES OF AMERICAN UNIVERSITY 
SEC. 150. The first section of the Act entitled "An Act to 
incorporate the American University", approved February 24, 1893, 
(27 Stat. 476), is amended by striking "forty" and inserting "twenty-
five". 
WAIVER OF CONGRESSIONAL REVIEW FOR CERTAIN COUNCIL ACTS 
Effective date. 
SEC. 151. Notwithstanding section 602(c)(1) of the District of 
Columbia Self-Govemment and Governmental Reorganization Act, 
each of the following District of Columbia acts shall take effect 
on the date of the enactment of this Act: 
(1) The District of Columbia Real Property Tax Lien Assign-
ment or Sale and Transfer Amendment Act of 1996 (D.C. Act 
11-353). 
(2) The Telecommunications Competition Act of 1996 (D.C. 
Act 11-300). 
(3) The Mortgage Lenders and Brokers Act of 1996 (D.C. 
Act 11-309). 
This Act may be cited as the District of Columbia Appropria-
tions Act, 1997. 
Approved September 9, 1996. 
LEGISLATIVE HISTORY—H.R. 3845: 
HOUSE REPORTS: Nos. 104r-689 (Comm. on Appropriations) and 104-740 (Comm. 
of Conference). 
SENATE REPORTS: No. 104-328 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 142 (1996): 
July 22, considered and passed House. 
July 25, considered and passed Senate, amended. 
Aug. 1, House agreed to conference report. 
Sept. 5, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996): 
Sept. 9, Presidential statement.