[Congressional Record Volume 142, Number 111 (Thursday, July 25, 1996)]
[Senate]
[Pages S8821-S8829]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DISTRICT OF COLUMBIA APPROPRIATIONS FOR FISCAL YEAR 1997
Mr. LOTT. Mr. President, I ask unanimous consent then that the Senate
now turn to the consideration of Calendar No. 509, which is H.R. 3845,
the District of Columbia appropriations bill.
There being no objection, the Senate proceeded to consider the bill
(H.R. 3845) making appropriations for the government of the District of
Columbia and other activities chargeable in whole or in part against
revenues of said District for the fiscal year ending September 30,
1997, and for other purposes, which had been reported from the
Committee on Appropriations, with amendments; as follows:
(The parts of the bill intended to be stricken are shown in boldface
brackets and the parts of the bill intended to be inserted are shown in
italic.)
H.R. 3845
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, [That funds expended for the
Executive Office of the Mayor are not to exceed $1,753,000:
Provided further,] That not to exceed $2,500 for the Mayor,
$2,500 for the Chairman of the Council of the District of
Columbia, and $2,500 for the City Administrator shall be
available from this 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
[: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]: 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:
[[Page S8822]]
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
[[Page S8823]]
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 [$46,923,000]
$75,923,000 (including an increase of $34,000,000 for the
highway trust fund, reallocations and rescissions for a net
rescission of $120,496,000 from local funds appropriated
under this heading in prior fiscal years and an additional
$133,419,000 in Federal funds), as authorized by An Act
authorizing the laying of water mains and service sewers in
the District of Columbia, the levying of assessments
therefor, and for other purposes, approved April 22, 1904 (33
Stat. 244; Public Law 58-140; D.C. Code, secs. 43-1512
through 43-1519); the District of Columbia Public Works Act
of 1954, approved May 18, 1954 (68 Stat. 101; Public Law 83-
364); An Act to authorize the 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,
[[Page S8824]]
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)).
[[Page S8825]]
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.]
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
[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.]
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.
[[Page S8826]]
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''.
[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 $40,000,000; 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 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.]
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
[[Page S8827]]
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.
[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 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:
[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.]
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
[[Page S8828]]
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.
Mr. JEFFORDS. Mr. President, I am pleased to present the fiscal year
1997 District of Columbia appropriations bill to the Senate. This
budget is, I hope, one more step in the District's path to fiscal
stability and financial health.
Our goal, in this bill and every one to follow, must be a city worthy
in every respect to be the symbol of our Nation--from its streets, to
its schools, to its safety. The District of Columbia is at a critical
juncture. If we do not exercise great care over the next few years, we
will be left with a Potemkin Village on the Potomac--one with gleaming
monuments and grinding poverty.
The bill presented is within the subcommittee's allocation and
contains a Federal payment of $660 million. This is the authorized
level and the same amount as was appropriated for 1995 and 1996.
The bill also contains $52 million in Federal contributions to the
pension funds for police officers, firefighters, judges, and teachers.
The Federal Government accepted this commitment when it transferred
these pension funds to the District over a decade ago. Finally, the
bill contains some $5.7 million for reimbursement for expenses
resulting from next January's Presidential inauguration.
As my colleagues will recall, the District's financial situation had
so deteriorated that last year we established a control board for the
city. A little over a year ago the President appointed the five members
of the District of Columbia Financial Responsibility and Management
Assistance Authority and its work began.
The budget before us is the first to fully benefit from the work of
the Financial Authority and the process established by its authorizing
legislation. The Mayor, the city council, the chief financial officer
and the Financial Authority have worked together and produced a budget
which each supports.
The committee's bill adopts the consensus budget without change. I
think we should respect the process we established in the control board
legislation and defer to the budget presented us.
I think this budget is a sound one. It restrains spending, which is
up from about $5 billion this year to some $5.1 billion next year, and
relies on much more conservative assumptions than some past budget
submissions.
The budget reduces spending in some areas, and increases it in
others, such as public safety. As we trim spending, I think it is vital
that we support spending in such core functions as public safety and
education.
To further insure fiscal integrity, this bill removes any ambiguity
in the authority of the CFO. The committee intends that he shall
oversee all financial personnel in the executive branch, excluding the
independent agencies.
Section 148 of the bill contains an important provision authorizing
the director of the District of Columbia Energy Office to negotiate
energy performance contracts, the terms of which can extend up to 25
years. Under current law, the District is limited to entering 1 year or
short term contracts which acts to discourage companies from entering
such contracts.
The Department of Energy's [DOE] Federal Energy Management Program is
an ambitious program to reduce energy consumption in all Federal
buildings and installations. Agencies and Departments invite energy
service companies to install energy efficient lighting, heating, and
cooling systems. The companies provide the investment capital and their
payback comes from a portion of the money saved when the Agency's
energy bills are lowered. A good example of the program's success is
the DOE's headquarters building recently relamped without any Federal
appropriation. It lowered the cost of operating the Forestall Building,
reduced energy costs and saved taxpayer money.
The District's public buildings and particularly its public schools
are in desperate need of repair and rehabilitation. With energy
performance contracting authority, the city can attract capital
improvement investments from energy service companies prepared to
install energy efficient equipment. Under this program, we can reduce
the District's $50 million annual energy bill without the need to
appropriate funds. Many school districts across America have come to
rely upon this contracting mechanism and it is time the District of
Columbia has this authority. While this would provide the District with
greater flexibility, these contracts would be subject to the same
review by the Financial Authority for all other contracts.
Mr. President, I want to thank my colleagues on the subcommittee,
Senator Kohl and Senator Campbell. I also want to thank the chairman of
the Committee on Appropriations, Senator Hatfield, and our
distinguished ranking member, Senator Byrd, for their leadership and
assistance on this bill.
Finally, I would like to briefly thank a former Senate staff member,
Mr. B. Timothy Leeth, for all of his work on this bill and so many
appropriations bills before it.
As my colleagues on the Appropriations Committee know, Tim joined the
committee staff in 1977 and has served during most of his tenure as the
clerk of the District Subcommittee, Congress after Congress he would
inherit new chairmen and committee members who probably, like me, know
very little about the details of the District's operations.
With extraordinary patience, intelligence, and good humor, he would
suffer the same questions from each one of us year after year. He
worked hard and well for members on both sides of the aisle, of all
different political philosophies, in a thorough and professional
manner. He was, and remains, an outstanding public servant.
We will miss his efforts on behalf of the committee and the Senate,
but the District of Columbia is fortunate that it will continue to
benefit from his work.
Mr. President, I yield the floor,
Mr. BYRD. Mr. President, I commend the distinguished majority [Mr.
Jeffords] and minority [Mr. Kohl] managers of the Fiscal Year 1997
District of Columbia Appropriations Bill. I know, from 7 years of
personal experience as Chairman of the District of Columbia
Appropriations Subcommittee, how much effort is required, and how much
frustration is involved, in dealing with the problems encountered in
formulating this legislation. It is a thankless job.
The bill before the Senate recommends the $5.1 billion Fiscal Year
1997 District of Columbia budget that was forwarded to Congress. That
budget represents a consensus agreed to by the District of Columbia
City Council, the Mayor, and the Control Board. The Administration
supports the consensus budget.
Mr. President, last year the Congress enacted the District of
Columbia Financial Responsibility and Management Assistance Act, which
was designed to restore fiscal integrity of the District of Columbia.
Section 201(c) of that legislation requires that progress for
equalizing expenditures and revenues of the District Government must be
made with the balance being achieved in 1999. The Subcommittee Chairman
and Ranking Member are keenly aware of this requirement and are working
with the Control Board, the City Council, and the Mayor, to achieve the
desired result.
[[Page S8829]]
I want to commend the staff of the Subcommittee. Tim Leeth, on the
majority, and Terry Sauvain, on the minority, are two experienced
committee staffers. Mr. Leeth has worked for both the majority and
minority and represents a proud tradition of non-partisanship on the
Senate Appropriations Committee staff. Mr. Leeth is leaving the
Committee and will serve on the staff of the Control Board. He has done
a fine job as a member of the Committee staff and made many important
contributions. I thank him for his excellent service and wish him well
in his new assignment. Mr. Sauvain continues to serve as my Deputy
Staff Director of the Appropriations Committee, in addition to his work
for the Subcommittee.
Mr. KOHL. Mr. President, I commend the distinguished Subcommittee
Chairman (Mr. Jeffords), in connection with the Fiscal Year 1997
District of Columbia Appropriations Bill. He has done a good job and I
support him in his efforts.
The bill before the Senate recommends the $5.1 billion Fiscal Year
1997 District of Columbia budget that was forwarded to Congress. That
budget represents a consensus agreed to by the District of Columbia
City Council, the Mayor, and the Control Board. The Administration
supports the consensus budget.
Mr. President, last year the Congress enacted the District of
Columbia Financial Responsibility and Management Assistance Act, which
was designed to restore fiscal integrity of the District of Columbia.
Section 201(c) of that legislation requires that progress for
equalizing expenditures and revenues of the District Government must be
made with the balance being achieved in 1999. The Subcommittee is
keenly aware of this requirement and is working with the Control Board,
the City Council, and the Mayor, to achieve the desired result.
I want to commend the staff of the Subcommittee. Tim Leeth, on the
majority, and Terry Sauvain, on the minority, are two able and
experienced staffers. After many years on the Committee staff, Mr.
Leeth is leaving the Committee and will continue to be associated with
the District of Columbia as a senior staff member of the Control Board.
Tim is an excellent person and professional staff member. I have
appreciated his wise counsel in matters relating to the District of
Columbia. My colleagues and I will miss him here in the Senate. I am
pleased that his expertise in District matters and good humor will be
available to the members of the Control Board.
Mr. President, I yield the floor.
Mr. LOTT. Mr. President, I ask unanimous consent that the committee
amendments be deemed agreed to, the bill be advanced to third reading,
passed, and the motion to reconsider be laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (H.R. 3845), as amended, was deemed read a third time, and
passed.
Mr. LOTT. Mr. President, I ask unanimous consent that the Senate
insist on its amendments and request a conference with the House, and
that the Chair be authorized to appoint conferees on the part of the
Senate.
There being no objection, the Presiding Officer (Mr. Bennett)
appointed Mr. Campbell, Mr. Hatfield, Mr. Kohl, and Mr. Inouye
conferees on the part of the Senate.
Mr. GORTON. Mr. President, I would like to go on record as being
against this bill, which ignores the very grave problems of the
District of Columbia and only throws money at what can only be called a
complete mess.
In the D.C. control board we have an organization that seems
incapable of dealing decisively with the D.C. government, a government
that cannot provide such basic services as law enforcement, fire
fighting, water, sewer and road maintenance, education, and the like.
Compare this with, say, the State of North Dakota, which, with
approximately the same population but with 70,636 more square miles to
manage, can fulfill all its basic governing duties.
For the State of North Dakota, total government spending--State and
local--for 1995 was approximately $2.7 billion. Washington, DC, by
contrast, spent a total of $5.2 billion for 1995. In other words, the
D.C. government spends twice as much as North Dakota and still comes up
short. Let's look at it another way: Per capita government spending in
North Dakota is $3,857; in D.C., it's nearly $9,000.
Comparing Washington, DC, to the rest of the Nation, the picture
looks equally bleak. Looking at numbers from sworn testimony before the
D.C. Appropriations Subcommittee, published studies and the Washington
Post:
``D.C. employs over 37,000 people to service a population
of 550,000 people. The city of Los Angeles has the same
number of employees but a population of three million
people--six times that of D.C.'' Even though Washington,
D.C.--unlike Los Angeles--has responsibilities of a state
government, these numbers are still striking.
``Despite a 25 percent drop in the number of school-aged
children in the 1980s, D.C. public education expenditures
have grown to over $9,400 per student, the highest in the
nation.
``The District spent so little on maintenance that a court
had to step in to correct fire code violations.''
What is the District's problem? Quite simply, there is no
accountability in the D.C. control board. There is certainly no
accountability in the city government. By simply continuing to write
checks, and not demanding a change in behavior, we perpetuate the
problem.
If it is going to improve--financially, service-wise, and in terms of
just plain carrying out its day-to-day duties--if that is to happen,
Mr. President, then we are going to have to stop doing the things we've
been doing. A change of course is in order. No more bailing out the
District; no more saving the District from itself. The city of
Washington, DC, must take the initiative and make the changes necessary
to bring itself out of its present miserable condition and begin to
function more efficiently and affectively. Congress cannot continue to
hold the District's hand, always standing by, ready to get the city out
of a tight spot. Accountability and responsibility are in order.
On a related subject, I see no justification for supporting the
proposal to cut taxes in the District. The city's current woes are due
not to tax rates but to an outrageously inefficient government.
Attempting to cure those woes with tax incentives that are not
available to my hard-working constituents or to any other taxpayers
across the land, only serves to reward D.C. for its outlandish
mismanagement. Again, the District must face the source of its
problems--a government virtually incapable of governing--and tackle
them head-on
Mr. President, I would offer the strongest possible suggestion to my
colleagues on the D.C. Appropriations Subcommittee that they take a new
look at how they determine funding for the District of Columbia. Only
by adapting a course of radical change can Washington, DC, hope to be a
normal, functioning city.
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