[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3845 Reported in Senate (RS)]





                                                       Calendar No. 509

104th CONGRESS

  2d Session

                               H. R. 3845

                          [Report No. 104-328]

_______________________________________________________________________

                                 AN ACT

 Making appropriations for 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.

_______________________________________________________________________

                             July 23, 1996

                        Reported with amendments
                                                       Calendar No. 509
104th CONGRESS
  2d Session
                                H. R. 3845

                          [Report No. 104-328]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 23, 1996

  Received; read twice and referred to the Committee on Appropriations

                             July 23, 1996

               Reported by Mr. Jeffords, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 AN ACT


 
 Making appropriations for government of the District of 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.

    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-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.

                          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, <DELETED>That 
funds expended for the Executive Office of the Mayor are not to exceed 
$1,753,000: Provided further, </DELETED>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): Provided, That the 
District of Columbia Housing Finance Agency, established by section 201 
of the District of Columbia Housing Finance Agency Act, effective March 
3, 1979 (D.C. Law 2-135; D.C. Code, sec. 45-2111), based upon its 
capability of repayments as determined each year by the Council of the 
District of Columbia from the Housing Finance Agency's annual audited 
financial statements to the Council of the District of Columbia, shall 
repay to the general fund an amount equal to the appropriated 
administrative costs plus interest at a rate of four percent per annum 
for a term of 15 years, with a deferral of payments for the first three 
years<DELETED>:-Provided further, That notwithstanding the foregoing 
provision, the obligation to repay all or part of the amounts due shall 
be subject to the rights of the owners of any bonds or notes issued by 
the Housing Finance Agency and shall be repaid to the District of 
Columbia government only from available operating revenues of the 
Housing Finance Agency that are in excess of the amounts required for 
debt service, reserve funds, and operating expenses</DELETED>: Provided 
further, That upon commencement of the debt service payments, such 
payments shall be deposited into the general fund of the District of 
Columbia.

                       Public Safety and Justice

                     (including transfer of funds)

    Public safety and justice, including purchase of 135 passenger-
carrying vehicles for replacement only, 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 the Metropolitan Police Department 
shall provide quarterly reports to the Committees on Appropriations of 
the House and Senate on efforts to increase efficiency and improve the 
professionalism in the department: Provided further, That 
notwithstanding any other provision of law, or Mayor's Order 86-45, 
issued March 18, 1986, the 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 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 further, That such sums as may be necessary for 
reimbursement to the District of Columbia National Guard under the 
preceding proviso shall be available from this appropriation, and the 
availability of the sums shall be deemed as constituting payment in 
advance for emergency services involved: Provided further, That in 
addition to the $1,041,281,000 appropriated under this heading, an 
additional $651,000 shall be transferred from the Department of Public 
Works to the District of Columbia Court System for maintenance and 
repair of elevators/escalators, heating, ventilation, and air 
conditioning systems, fire alarms and security systems, materials and 
services for building maintenance and repair, and trash removal.

                        Public Education System

    Public education system, including the development of national 
defense education programs, $758,815,000 and 11,276 full-time 
equivalent positions (including $632,379,000 and 10,045 full-time 
equivalent positions from local funds, $98,479,000 and 1,009 full-time 
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 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 Commissioners of the District of Columbia to plan, 
construct, operate, and maintain a sanitary sewer to connect the Dulles 
International Airport with the District of Columbia system, approved 
June 12, 1960 (74 Stat. 211; Public Law 86-515); sections 723 and 
743(f) of the District of Columbia Self-Government and Governmental 
Reorganization Act of 1973, approved December 24, 1973, as amended (87 
Stat. 821; Public Law 93-198; D.C. Code, sec. 47-321, note; 91 Stat. 
1156; Public Law 95-131; D.C. Code, sec. 9-219, note), including 
interest as required thereby, $333,710,000 from local funds.

                Repayment of General Fund Recovery Debt

    For the purpose of eliminating the $331,589,000 general fund 
accumulated deficit as of September 30, 1990, $38,314,000 from local 
funds, as authorized by 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.

                             Capital Outlay

                        (including rescissions)

    For construction projects, an increase of <DELETED>$46,923,000 
</DELETED>$75,923,000 (including an increase of $34,000,000 for the 
highway trust fund, reallocations and rescissions for a net rescission 
of $120,496,000 from local funds appropriated under this heading in 
prior fiscal years and an additional $133,419,000 in Federal funds), as 
authorized by An Act authorizing the laying of water mains and service 
sewers in the District of Columbia, the levying of assessments 
therefor, and for other purposes, approved April 22, 1904 (33 Stat. 
244; Public Law 58-140; D.C. Code, secs. 43-1512 through 43-1519); the 
District of Columbia Public Works Act of 1954, approved May 18, 1954 
(68 Stat. 101; Public Law 83-364); An Act to authorize the 
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 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 $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 1989, approved November 
17, 1979 (93 Stat. 866; D.C. Code, sec. 1-711), $16,667,000 and 13 
full-time equivalent positions from the earnings of the applicable 
retirement funds to pay legal, management, investment, and other fees 
and administrative expenses of the District of Columbia Retirement 
Board: Provided, That the 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 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. 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.
    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 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.
    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 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.
    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 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 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, prior to 
October 1, 1996, of the required reorganization plans.
    Sec. 127. (a) An entity of the District of Columbia government may 
accept and use a gift or donation during fiscal year 1997 if--
            (1) the Mayor approves the acceptance and use of the gift 
        or donation: Provided, That the Council of the District of 
        Columbia may accept and use gifts without prior approval by the 
        Mayor; and
            (2) the entity uses the gift or donation to carry out its 
        authorized functions or duties.
    (b) Each entity of the District of Columbia 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

<DELETED>    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.</DELETED>
    Sec. 129. None of the Federal funds appropriated under this Act 
shall be expended for any abortion except where the life of the mother 
would be endangered if the fetus were carried to term or where the 
pregnancy is the result of an act of rape or incest.

                  Prohibition on Domestic Partners Act

<DELETED>    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.</DELETED>
    Sec. 130. No Federal funds made available pursuant to any provision 
of this Act shall be used to implement or enforce any system of 
registration of unmarried, cohabitating 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 Federal 
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.

       Compensation of Members of Judicial Nomination Commission

    Sec. 131. (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 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.

                     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) 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 
        Columbia 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.

   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, 1996 
(Public Law 104-134), is amended by adding at the end the following new 
section:

``SEC. 2407. ABOLISHMENT OF POSITIONS FOR FISCAL YEAR 1997.

    ``(a) Notwithstanding any other provision of law, 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) 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) 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
            ``(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) 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) 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''.

           <DELETED>ceiling on expenses and deficit</DELETED>

<DELETED>    Sec. 141. (a) Ceiling on Total Operating Expenses and 
Deficit.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the sum of the total revenues of the 
                District of Columbia for such fiscal year and 
                $40,000,000; or</DELETED>
                <DELETED>    (B) $5,108,913,000 (of which $134,528,000 
                shall be from intra-District funds).</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Acceptance and Use of Grants Not Included in 
Ceiling.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) the District of Columbia Financial 
                Responsibility and Management Assistance Authority has 
                reviewed and approved the acceptance, obligation, and 
                expenditure of 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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

                      acceptance and use of grants

    Sec. 141. (a) Acceptance and Use of Grants.--
            (1) In general.--The Mayor of the District of Columbia may 
        accept, obligate, and expend Federal, 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 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.

        <DELETED>chief financial officer powers during control 
                           periods</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    (a) the heads and all personnel of the following 
        offices, together with all other District of Columbia executive 
        branch accounting, budget, and financial management personnel, 
        shall be appointed by, shall serve at the pleasure of, and 
        shall act under the direction and control of the Chief 
        Financial Officer:</DELETED>
                <DELETED>    The Office of the Treasurer.</DELETED>
                <DELETED>    The Controller of the District of 
                Columbia.</DELETED>
                <DELETED>    The Office of the Budget.</DELETED>
                <DELETED>    The Office of Financial Information 
                Services.</DELETED>
                <DELETED>    The Department of Finance and 
                Revenue.</DELETED>
        <DELETED>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.</DELETED>
        <DELETED>    (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 
        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.</DELETED>

         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, (except legislative 
        and judicial personnel) shall be appointed by, shall serve at 
        the pleasure of, and shall act under the direction and control 
        of the Chief Financial Officer:
                    The Office of the Treasurer.
                    The Controller of the District of Columbia.
                    The Office of the Budget.
                    The Office of Financial Information 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 
        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) 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) 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, 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) 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.''
    Sec. 149. Energy and Water Savings at District of Columbia 
Facilities.--
            (a) Reduction in facility energy costs and water 
        consumption.--
                    In general.--The Director of the District of 
                Columbia Office of Energy shall, subject to the 
                contract approval provisions of Public Law 104-8--
                            (A) develop a comprehensive plan to 
                        identify and accomplish energy conservation 
                        measures to achieve maximum cost-effective 
                        energy and water savings;
                            (B) enter into innovative financing and 
                        contractual mechanisms including, but not 
                        limited to utility demand-side management 
                        programs and energy savings performance 
                        contracts and 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 and conservation.
    This Act may be cited as the District of Columbia Appropriations 
Act, 1997.