[104th Congress Public Law 194]
[From the U.S. Government Printing Office]
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[DOCID: f:publ194.104]
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DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 1997
[[Page 110 STAT. 2356]]
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 for the fiscal year ending September 30, 1997, and for
other purposes. <<NOTE: Sept. 9, 1996 - [H.R. 3845]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That <<NOTE: District of
Columbia Appropriations Act, 1997.>> 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-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 Retirement 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 authorized 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.
Federal Contribution for Repair of Drinking Water System
For a Federal contribution to the District of Columbia Financial
Responsibility and Management Assistance Authority for contracting with
a private entity (or entities) to carry out a program to inspect, flush,
and repair the drinking water distribution system of the District of
Columbia, $1,000,000.
[[Page 110 STAT. 2357]]
Division 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 from local funds, $12,192,000 and 8 full-time
equivalent positions from Federal funds, and $4,780,000 and 61 full-time
equivalent positions from other funds): Provided, That funds expended
for the Office of the Mayor are not to exceed $2,109,000, of which
$632,000 is from intra-District funds: Provided further, That $327,000
of the funds 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 from this appropriation 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 management 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 Statehood Commission and Statehood
Compact Commission: Provided further, That the District of Columbia
shall identify 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 positions from Federal funds, and $22,800,000 and 257 full-
time equivalent positions from other funds).
Public Safety and Justice
Public safety and justice, including purchase of 135 passenger-
carrying vehicles for replacement only, including 130 for police-type
use and five for fire-type use, without 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
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 available from this appropriation
for the Chief of Police for the prevention and detection of crime:
Provided further, That <<NOTE: Reports.>> the Metropolitan Police
Department shall pro
[[Page 110 STAT. 2358]]
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
notwithstanding 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 procurement 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: Provided further, That funds
appropriated for expenses under the District of Columbia Neglect
Representation Equity Act of 1984, effective March 13, 1985 (D.C. Law 5-
129; D.C. Code, sec. 16-2304), for the fiscal year ending September 30,
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 under the Act in each fiscal year
since inception in fiscal year 1989: Provided further, That not to
exceed $1,500 for the Chief Judge of the District of Columbia Court of
Appeals, $1,500 for the Chief Judge of the Superior Court of the
District of Columbia, and $1,500 for the Executive Officer of the
District of Columbia Courts shall be available from this appropriation
for official purposes: Provided further,
That <<NOTE: Communications. Prisons. Virginia.>> the District of
Columbia shall operate and maintain a free, 24-hour telephone
information service whereby residents of the area surrounding Lorton
prison in Fairfax County, Virginia, can promptly obtain information from
District of Columbia government officials on all disturbances at the
prison, including escapes, riots, and similar incidents: Provided
further, That the District of Columbia government shall also take steps
to publicize the availability of the 24-hour telephone 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
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 disturbances involving the prison: Provided further,
That the Mayor shall reimburse the District of Columbia National Guard
for expenses incurred in connection with services that are performed in
emergencies by the National Guard in a militia status and are requested
by the Mayor, in amounts that shall be jointly determined and certified
as due and payable for these services by the Mayor and the Commanding
General of the District of Columbia National Guard: Provided fur
[[Page 110 STAT. 2359]]
ther, 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 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 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 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 Fund; $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 equivalent positions
from local funds, $446,000 and 6 full-time equivalent 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 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 and
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
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 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
counselors: Provided further, That this appropriation shall not be
available to subsidize the education of nonresidents
[[Page 110 STAT. 2360]]
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 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 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 funds): Provided, That $24,793,000
of this appropriation, to remain available until expended, shall be
available solely for District of Columbia employees' 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, maintenance, 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 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-carrying 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
equivalent 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 establishment of a modern, adequate, and
efficient hospital center 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 Columbia to borrow funds
for capital improvement programs and to amend provisions of law relating
to Federal Government participation in meeting costs of maintaining the
Nation's Capital City, approved June 6, 1958 (72 Stat. 183; Public Law
85-451; D.C. Code, sec. 9-219); section 4 of An Act to authorize the
Commis
[[Page 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; 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 section 461(a) of the District of Columbia Self-
Government and Governmental Reorganization Act, approved December 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 Certificates 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 Columbia 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 energy cost initiatives, $12,960,000
in purchasing and procurement initiatives, and workforce reductions of
2,411 full-time positions and $21,375,000.
[[Page 110 STAT. 2362]]
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 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 Commissioners of the District of Columbia to borrow funds
for capital improvement programs and to amend provisions of law relating
to Federal Government participation in meeting costs of maintaining the
Nation's Capital City, approved June 6, 1958 (72 Stat. 183; Public Law
85-451); including acquisition of sites, preparation of plans and
specifications, conducting preliminary surveys, erection of structures,
including building improvement and alteration and treatment of grounds,
to remain available until expended: Provided, That 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 System: Provided further, That all funds provided
by this appropriation title shall be available only for the specific
projects and purposes intended: Provided further,
That <<NOTE: Expiration date.>> 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 funds are provided by
this appropriation title, shall expire on September 30, 1998, except
authorizations for projects as to which funds have been obligated in
whole or in part prior to September 30, 1998: Provided further, That
upon expiration of any such project authorization the funds provided
herein for the project shall lapse.
Water and Sewer Enterprise Fund
For the Water and Sewer Enterprise Fund, $221,362,000 from other
funds of which $41,833,000 shall be apportioned and payable to the debt
service fund for repayment of loans and interest incurred for capital
improvement projects.
Lottery and Charitable Games Enterprise Fund
For the Lottery and Charitable Games Enterprise Fund, established by
the District of Columbia 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 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 (including
$7,850,000 and 100 full-time equivalent positions for administrative
expenses and
[[Page 110 STAT. 2363]]
$240,050,000 for non-administrative expenses from revenue generated by
the Lottery Board), to be derived from non-Federal District of Columbia
revenues: Provided, That the District of Columbia shall identify the
source of funding for this appropriation title from the District's own
locally-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 funds).
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.C. Code, sec. 2-321 et seq.): Provided, That the
Mayor shall submit a budget for the Armory Board for the forthcoming
fiscal year as required by section 442(b) of the District of Columbia
Self-Government and Governmental Reorganization Act, approved December
24, 1973 (87 Stat. 824; Public Law 93-198; D.C. Code, sec. 47-301(b)).
D.C. General Hospital
For the District of Columbia General Hospital, established by
Reorganization Order No. 57 of the Board of Commissioners, effective
August 15, 1953, $112,419,000 of which $59,735,000 shall be derived by
transfer from the general fund and $52,684,000 shall be derived from
other funds.
D.C. Retirement Board
For the D.C. Retirement Board, established by 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
funds to pay legal, management, investment, and other fees and
administrative expenses of the District of Columbia Retirement Board:
Provided, That <<NOTE: Reports.>> the District of Columbia Retirement
Board shall provide to the Congress and to the Council of the District
of Columbia a quarterly report of the allocations of charges by fund and
of expenditures of all funds: Provided further, That the District of
Columbia Retirement Board shall provide the Mayor, for transmittal to
the Council of the District of Columbia, an item accounting of the
planned use of appropriated funds in time for each annual budget
submission
[[Page 110 STAT. 2364]]
and the actual use of such funds in time for each annual audited
financial report.
Correctional Industries Fund
For the Correctional Industries Fund, established by the District of
Columbia Correctional Industries Establishment Act, approved October 3,
1964 (78 Stat. 1000; Public Law 88-622), $3,052,000 and 50 full-time
equivalent positions from other funds.
Washington Convention Center Enterprise Fund
For the Washington Convention Center Enterprise Fund, $47,996,000 of
which $5,400,000 shall be derived by transfer from the general fund.
District of Columbia Financial Responsibility and Management Assistance
Authority
For the District of Columbia Financial Responsibility and Management
Assistance Authority, established by section 101(a) of the District of
Columbia Financial Responsibility and Management Assistance Act of 1995,
approved April 17, 1995 (109 Stat. 97; Public Law 104-8), $3,400,000.
General Provisions
Sec. 101. <<NOTE: Contracts.>> The expenditure of any appropriation
under this Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or under
existing Executive order issued pursuant to existing law.
Sec. 102. Except as otherwise provided in this Act, all vouchers
covering expenditures of appropriations contained in this Act shall be
audited before payment by the designated certifying official and the
vouchers as approved shall be paid by checks issued by the designated
disbursing official.
Sec. 103. Whenever in this Act, an amount is specified within an
appropriation for particular purposes or objects of expenditure, such
amount, unless otherwise specified, shall be considered as the maximum
amount that may be expended for said purpose or object rather than an
amount set apart exclusively therefor.
Sec. 104. Appropriations in this Act shall be available, when
authorized by the Mayor, for allowances for privately-owned automobiles
and motorcycles used for the performance of official duties at rates
established by the Mayor: Provided, That such rates shall not exceed the
maximum prevailing rates for such vehicles as prescribed in the Federal
Property Management Regulations 101-7 (Federal Travel Regulations).
Sec. 105. Appropriations in this Act shall be 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.
[[Page 110 STAT. 2365]]
Sec. 106. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of judgments that have been entered against the
District of Columbia government: Provided, That nothing contained in
this section shall be construed as modifying or affecting the provisions
of section 11(c)(3) of title XII of the District of Columbia Income and
Franchise Tax Act of 1947, approved March 31, 1956 (70 Stat. 78; Public
Law 84-460; D.C. Code, sec. 47-1812.11(c)(3)).
Sec. 107. Appropriations in this Act shall be available for the
payment of public assistance without reference to the requirement 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 funds 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
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 109. No funds appropriated in this Act for the District of
Columbia government for the operation of educational institutions, the
compensation of personnel, or for other educational purposes may be used
to permit, encourage, facilitate, or further partisan political
activities. Nothing herein is intended to prohibit the availability of
school buildings for the use of any community or partisan political
group during non-school hours.
Sec. 110. None of the funds appropriated in this Act shall be made
available to pay the salary of any employee of the District of Columbia
government whose name, title, grade, salary, past work experience, and
salary history are not available for inspection by the House and Senate
Committees on Appropriations, the Subcommittee on the District of
Columbia of the House Committee on Government Reform and Oversight, the
Subcommittee on Oversight of Government Management and the District of
Columbia of the Senate Committee on Governmental Affairs, and the
Council of the District of Columbia, or their duly authorized
representative.
Sec. 111. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making payments
authorized by the District of Columbia Revenue Recovery Act of 1977,
effective 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 publicity
or propaganda purposes or implementation of any policy including 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, That <<NOTE: Reports.>> within a reasonable time
after the close of each quarter, the Mayor shall report to the Council
of the District of Columbia and the Congress the actual borrowings and
spending progress compared with projections.
Sec. 114. The Mayor shall not borrow any funds for capital projects
unless the Mayor has obtained prior approval from the Council of the
District of Columbia, by resolution, identifying the projects and
amounts to be financed with such borrowings.
[[Page 110 STAT. 2366]]
Sec. 115. The Mayor shall not expend any moneys borrowed for capital
projects for the operating expenses of the District of Columbia
government.
Sec. 116. None of the funds appropriated by this Act may be
obligated or expended by reprogramming except pursuant to advance
approval of the reprogramming granted according to the procedure set
forth in the Joint Explanatory Statement of the Committee of Conference
(House Report No. 96-443), which accompanied the District of Columbia
Appropriation Act, 1980, approved October 30, 1979 (93 Stat. 713; Public
Law 96-93), as modified in House Report No. 98-265, and in accordance
with the Reprogramming Policy Act of 1980, effective September 16, 1980
(D.C. Law 3-100; D.C. Code, sec. 47-361 et seq.): Provided,
That <<NOTE: Applicability.>> 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 funds provided in this Act shall be
obligated or expended to provide a personal cook, chauffeur, or other
personal servants to any officer or employee of the District of
Columbia.
Sec. 118. None of the Federal funds provided in this Act shall be
obligated or expended to procure passenger automobiles as defined in the
Automobile Fuel Efficiency Act of 1980, approved October 10, 1980 (94
Stat. 1824; Public Law 96-425; 15 U.S.C. 2001(2)), with an 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 under 5 U.S.C.
5315.
(b) For purposes of applying 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 subsection (a) of
this section for any position for any period during the last quarter of
calendar year 1996 shall be deemed to be the rate of pay payable for
that position for September 30, 1996.
(c) Notwithstanding section 4(a) of the District of Columbia
Redevelopment Act of 1945, approved August 2, 1946 (60 Stat. 793; Public
Law 79-592; D.C. Code, sec. 5-803(a)), the Board of Directors of the
District of Columbia Redevelopment Land Agency shall be paid, 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 pursuant to section 422(3) of the
District of Columbia Self-Government and Governmental Reorganization Act
of 1973, approved December 24, 1973 (87 Stat. 790; Public Law 93-198;
D.C. Code, sec. 1-242(3)), shall apply with respect to the compensation
of District of Columbia employees: Provided, That for pay purposes,
employees of the District of Columbia government shall not be subject to
the provisions of title 5, United States Code.
[[Page 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 circumstances set forth in such
determination, the payment of these rents and the execution of this
work, without reference to the limitations of section 322, is
advantageous to the District in terms of economy, efficiency, and the
District's best interest.
Sec. 122. No later than 30 days after the end of the first quarter
of the fiscal year ending September 30, 1997, the Mayor of the District
of Columbia shall submit to the Council of the District of Columbia the
new fiscal year 1997 revenue estimates as of the end of the first
quarter of fiscal year 1997. These estimates shall be used in the budget
request for the fiscal year ending September 30, 1998. The officially
revised estimates at midyear shall be used for the midyear report.
Sec. 123. No sole source contract with the District of Columbia
government or any agency thereof may be renewed or extended without
opening that contract to the competitive bidding process as set forth in
section 303 of the District of Columbia Procurement Practices Act of
1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Code, sec. 1-
1183.3), except that the District of Columbia Public Schools may renew
or extend sole source contracts for which competition is not feasible or
practical, provided that the determination as to whether to invoke the
competitive bidding process has been made in accordance with duly
promulgated Board 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; Public
Law 99-177), as amended, the term ``program, project, and activity''
shall be synonymous with and refer specifically to each account
appropriating Federal funds in this Act, and any sequestration order
shall be applied to each of the accounts rather than to the aggregate
total of those accounts: Provided, That sequestration orders shall not
be applied to any account that is specifically exempted from
sequestration by the Balanced Budget and Emergency Deficit Control Act
of 1985, approved December 12, 1985 (99 Stat. 1037; Public Law 99-177),
as amended.
Sec. 125. In the event a sequestration order is issued pursuant to
the Balanced Budget and Emergency Deficit Control Act of 1985, approved
December 12, 1985 (99 Stat. 1037; Public Law 99-177), as amended, after
the amounts appropriated to the District of Columbia for the fiscal year
involved have been paid to the District of Columbia, the Mayor of the
District of Columbia shall pay to the Secretary of the Treasury, within
15 days after receipt of a request therefor from the Secretary of the
Treasury, such amounts as are sequestered by the order: Provided,
That <<NOTE: Sequestration.>> the sequestration percentage specified in
the order shall be applied proportionately to each of the Federal
appropriation accounts in this Act that are not specifically exempted
from sequestration by the Balanced Budget and Emergency Deficit Control
Act of 1985, 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 functions for
which a reorganization plan is required but has not been approved by the
Council pursuant to section 422(12) of the District
[[Page 110 STAT. 2368]]
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 Governmental 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 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.
(b) <<NOTE: Records. Public inspection.>> Each entity of the
District of Columbia government shall keep accurate and detailed records
of the acceptance and use of any gift or donation under subsection (a)
of this section, and shall make such records available for audit and
public inspection.
(c) For the purposes of this section, the term ``entity of the
District of Columbia government'' includes an 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 regulations of the
District of Columbia, accept and use gifts to the public schools without
prior approval by the Mayor.
Sec. 128. None of the Federal funds provided in this Act may be used
by the District of Columbia to provide for salaries, expenses, or other
costs associated with the offices of United States Senator or United
States 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. 1-113(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 available pursuant to any provision of this
Act shall be used to implement or enforce any system of registration of
unmarried, cohabiting couples whether they are homosexual, lesbian, 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.
[[Page 110 STAT. 2369]]
Compensation of Members of Judicial Nomination Commission
Sec. 131. <<NOTE: Effective date.>> (a) In General.--Effective as if
included in the enactment of the District of Columbia Appropriations
Act, 1996, section 434(b)(5) of the District of Columbia Self-Government
and Governmental Reorganization Act is amended to read as follows:
``(5) Members of the Commission shall serve without compensation for
services rendered in connection with their official duties on the
Commission.''.
(b) Conforming Amendment.--Section 133(b) of the District of
Columbia Appropriations Act, 1996 <<NOTE: Ante, p. 1321-92.>> is hereby
repealed, and the provision of law amended by such section is hereby
restored as if such section had not been enacted into law.
monthly reporting requirements--board of education
Sec. 132. The Board of Education shall submit to the Congress, the
Mayor, 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 fiscal year expenditure
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 frozen, 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
annually, which contains the name of each contractor; the budget
to which the contract is charged broken out on the basis of
control center, responsibility center, and agency reporting
code; and contract identifying codes used by the D.C. Public
Schools; payments made in the last month and year-to-date, the
total amount of the contract and total payments made for the
contract and any 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 and responsibility centers, the names of
the organizational entities that have been changed, the name of
the staff member supervising each entity affected, and the
reasons for the structural change.
[[Page 110 STAT. 2370]]
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 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 fiscal year expenditure
projections vs. budget broken out on the basis of control
center, responsibility center, and object class, and for all
funds, non-appropriated funds, 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 funds, including
capital funds;
(3) a list of each account for which spending is frozen and
the amount of funds frozen, broken out by control center,
responsibility center, detailed object, and for all funding
sources;
(4) a list of all active contracts in excess of $10,000
annually, which contains the name of each contractor; the budget
to which the contract is charged broken out on the basis of
control center and responsibility center, and contract
identifying codes used by the University of the District of
Columbia; 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 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,
displaying previous and current control centers and
responsibility centers, the names of the organizational entities
that have been changed, the name of the staff member supervising
each entity 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 and verifiable report on the positions and employees
in the public school system and the university, respectively. The annual
report shall set forth--
(1) the number of validated schedule A 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
compilation of all positions by control center, responsibility
center, funding source, position type, position title, pay plan,
grade, and annual salary; and
(2) a compilation of all employees in the District of
Columbia Public Schools and the University of the District of
Colum
[[Page 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, responsibility center, agency
reporting code, program (including funding source), activity,
location for accounting purposes, job title, grade and
classification, annual salary, and position control number.
(b) Submission.--The annual report required by subsection
(a) of this section shall be submitted to the Congress, the
Mayor, the District of Columbia Council, the Consensus
Commission, and the Authority, not later than February 15 of
each year.
annual budgets and budget revisions
Sec. 135. (a) No later than October 1, 1996, or within 15 calendar
days after 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 the District of
Columbia shall submit to the appropriate congressional 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
expenditures.
(b) The revised budget required by subsection (a) of this section
shall be submitted in the format of the budget that the Board of
Education and the University of the District of Columbia submit to the
Mayor of the District of Columbia for inclusion in the Mayor's budget
submission to the Council of the District of Columbia pursuant to
section 442 of the District of Columbia Self-Government and Governmental
Reorganization Act, Public Law 93-198, as amended (D.C. Code, sec. 47-
301).
educational budget approval
Sec. 136. The Board of Education, the Board of Trustees of the
University of the District of Columbia, the Board of Library Trustees,
and the Board of Governors of the D.C. School of Law shall vote on and
approve their respective annual or revised budgets before submission to
the Mayor of the District of Columbia for inclusion in the Mayor's
budget submission to the Council of the District of Columbia in
accordance with section 442 of the District of Columbia Self-Government
and Governmental 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 and instruments for evaluating
District of Columbia Public Schools employees shall be a non-negotiable
item for collective bargaining purposes.
[[Page 110 STAT. 2372]]
modifications of board of education reduction-in-force procedures
Sec. 138. The District of Columbia Government Comprehensive Merit
Personnel Act of 1978 (D.C. Code, sec. 1-601.1 et seq.), is amended--
(1) in section 301 (D.C. Code, sec. 1-603.1)--
(A) by inserting after paragraph (13), the following
new paragraph:
``(13A) The term `nonschool-based personnel' means any
employee of the District of Columbia public schools who is not
based at a local school or who does not provide direct services
to individual students.''; and
(B) by inserting after paragraph (15), the following
new paragraph:
``(15A) The term `school administrators' means principals,
assistant principals, school program directors, coordinators,
instructional supervisors, and support personnel of the District
of Columbia public schools.'';
(2) in section 801A(b)(2) (D.C. Code, sec. 1-
609.1(b)(2)(L))--
(A) by striking ``(L) reduction-in-force'' and
inserting ``(L)(i) reduction-in-force''; and
(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 competitive
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 Government
Comprehensive Merit Personnel Act of 1978 (D.C. Code, sec. 1-625.1 et
seq.) is amended by amending the third sentence to read as follows: ``A
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,
[[Page 110 STAT. 2373]]
1996 (Public Law 104-134), <<NOTE: Ante, p. 1321-97.>> is amended by
adding at the end the following new section:
``SEC. 2407. ABOLISHMENT OF POSITIONS FOR FISCAL YEAR 1997.
``(a) Notwithstanding any other provision of law, regulation, or
collective bargaining agreement either in effect or to be negotiated
while this legislation is in effect for the fiscal year ending September
30, 1997, each agency 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 assignment rights,
except as provided in this section.
``(d) An employee affected by the abolishment of a position pursuant
to this section who, but for this section would be entitled to compete
for retention, shall be entitled to one round of lateral competition
pursuant to Chapter 24 of the District of Columbia Personnel Manual,
which shall be limited to positions in the employee's competitive level.
``(e) Each employee who is a bona fide resident of the District of
Columbia shall have added 5 years to his or her creditable service for
reduction-in-force purposes. For purposes of this subsection only, a
nonresident 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 employment with
the District government on October 1, 1987, and has not had a break in
service since that date, shall be considered a District resident.
``(f) <<NOTE: Notice.>> Each employee selected for separation
pursuant to this section shall be given written notice of at least 30
days before the effective date of his or her separation.
``(g) Neither the establishment of a competitive area smaller than
an agency, nor the determination that a 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
determination or a separation pursuant to title XV of this Act
or section 303 of the Human Rights Act of 1977, effective
December 13, 1977 (D.C. Law 2-38; D.C. Code, sec. 1-2543); and
``(2) an employee may file with the Office of Employee
Appeals an appeal contesting that the separation procedures of
subsections (d) and (f) of this section were not properly
applied.
``(h) <<NOTE: Severance pay.>> An employee separated pursuant to
this section shall be entitled to severance pay in accordance with title
XI of this Act, except that the following shall be included in computing
creditable service for severance pay for employees separated pursuant to
this section--
``(1) four years for an employee who qualified for veterans
preference under this Act, and
[[Page 110 STAT. 2374]]
``(2) three years for an employee who qualified for
residency preference under this Act.
``(i) Separation pursuant to this section shall not affect an
employee's rights under either the Agency Reemployment Priority Program
or the Displaced Employee Program established pursuant to Chapter 24 of
the District Personnel Manual.
``(j) <<NOTE: Listing.>> 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.
``(l) <<NOTE: Termination notice.>> A personnel authority shall
cause a 30-day termination notice to be served, no later than September
1, 1997, on any incumbent employee remaining in any position identified
to be abolished pursuant 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
District of Columbia and the District of Columbia Financial
Responsibility and Management Assistance Authority shall take
such steps as are necessary to assure that the District of
Columbia meets the requirements of this section, including the
apportioning by the Chief Financial Officer of the
appropriations and funds made available to the 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 District
government that are not reflected in the amounts appropriated 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 acceptance, obligation, and
expenditure of
[[Page 110 STAT. 2375]]
such grant in accordance with review and approval
procedures consistent with the provisions of Public Law
104-8, the District of Columbia Financial Responsibility
and Management Assistance Act of 1995.
(3) Prohibition on spending in 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 under
paragraph (2)(B) or in anticipation of the approval or receipt
of a Federal, private, or other grant not subject to such
paragraph.
(4) Monthly reports.--The Chief Financial Officer of the
District shall prepare a monthly report setting forth detailed
information regarding all Federal, private, and other grants
subject to this subsection. Each such report shall be submitted
to the Council of the District of Columbia, and to the
Committees on Appropriations of the House of 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 and 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
legislative 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 Management
Assistance Authority established pursuant to Public Law 104-8,
approved April 17, 1995, may remove such individuals from office
for cause, after consultation with the Mayor and the Chief
Financial Officer.
(b) The Chief Financial Officer shall prepare and submit to
the Mayor, for inclusion in the annual budget of the District of
Columbia under part D of title IV of the District of Columbia
Self-Government and Governmental Reorganization Act of 1973,
approved December 24, 1973 (87 Stat. 774; Public Law 93-198), as
amended, for each fiscal year occurring during a control period
in effect under subtitle A of title II of the District of
Columbia Financial 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-Government and Governmental
[[Page 110 STAT. 2376]]
Reorganization Act, Public Law 93-198, approved December 24,
1973, without revision but subject to recommendations.
Notwithstanding any other provisions of the District of Columbia
Self-Government and Governmental Reorganization Act, Public Law
93-198, approved December 24, 1973, the Council may comment or
make recommendations concerning such estimates, but shall have
no authority to revise such estimates.
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. 1-725(a)), for purposes of
reducing the authorized Federal payment to the District of
Columbia Police Officers and Fire Fighters' Retirement 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,
secs. 1-722(d) and 1-724(d)).
(c) <<NOTE: Effective date. Reports.>> This section shall not go
into effect until 15 days after 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 Columbia Retirement Board, the Speaker of the House of
Representatives, and the President pro tempore of the Senate.
Sec. 144. (a) Section 451(c)(3) of the District of Columbia Self-
Government and Governmental 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
Reform Act of 1995 (Public Law 104-134) <<NOTE: Ante, p. 1321-119.>> is
amended to read as follows:
``(2) Tuition, fees, and payments.--
``(A) Prohibition.--A public charter school may not,
with respect to any student other than a nonresident
student, charge tuition, impose fees, or otherwise
require payment for participation in any program,
educational offering, or activity that--
``(i) enrolls students in any grade from
kindergarten through grade 12; or
``(ii) is funded in whole or part through an
annual local appropriation.
``(B) Exception.--A public charter school may impose
fees or otherwise require payment, at rates established
by the Board of Trustees of the school, for any program,
[[Page 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 products.--In
the case of any equipment or product that may be authorized to
be purchased with financial assistance provided using funds made
available in this Act, it is the sense of the Congress that
entities receiving the assistance should, in expending the
assistance, purchase only American-made equipment and products
to the greatest extent practicable.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act, the
head of each agency of the Federal or District of Columbia
government shall provide to each recipient of the assistance a
notice describing the statement made in paragraph (1) by the
Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined 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
any contract or subcontract made with funds made available in this Act,
pursuant to the debarment, 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 Columbia
Housing Finance Agency, established by section 210 of the District of
Columbia Housing Finance Agency Act, effective March 3, 1979 (D.C. Law
2-135; D.C. Code, sec. 45-2111) shall not be required to repay moneys
advanced by the District government (including accrued 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) <<NOTE: Ante, p. 1321-143.>> is amended
to read as follows:
``(b) Limitation.--A waiver under subsection (a) shall not apply to
requirements under 40 U.S.C. 267a-276a-7 and Executive Order 11246.''.
energy and water savings at district of columbia 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 accomplish
energy conservation measures to achieve maximum cost-effective
energy and water savings;
(B) <<NOTE: Contracts.>> enter into innovative financing and
contractual mechanisms including, but not limited to, utility
demand-side management programs and energy savings performance
contracts and
[[Page 110 STAT. 2378]]
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
Sec. 151. <<NOTE: Effective date.>> Notwithstanding section
602(c)(1) of the District of Columbia Self-Government 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
Assignment 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 Appropriations
Act, 1997.
Approved September 9, 1996.
LEGISLATIVE HISTORY--H.R. 3845:
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HOUSE REPORTS: Nos. 104-689 (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.
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