[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.

                          ____________________