Pub.L. 104-195 To amend the Impact Aid program to provide for a hold-harmless with respect to amounts for payments relating to the Federal acquisition of real property, and for other purposes. <> ...

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              DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 1997

[[Page 110 STAT. 2356]]

Public Law 104-194
104th Congress

                                 An Act


 
Making appropriations for the government of the District of Columbia and 
other activities chargeable in whole or in part against the revenues of 
  said District for the fiscal year ending September 30, 1997, and for 
         other purposes. <<NOTE: Sept. 9, 1996 -  [H.R. 3845]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That <<NOTE: District of 
Columbia Appropriations Act, 1997.>> the following sums are 
appropriated, out of any money in the Treasury not otherwise 
appropriated, for the District of Columbia for the fiscal year ending 
September 30, 1997, and for other purposes, namely:

               Federal Payment to the District of Columbia

    For payment to the District of Columbia for the fiscal year ending 
September 30, 1997, $660,000,000, as authorized by section 502(a) of the 
District of Columbia Self-Government and Governmental Reorganization 
Act, Public Law 93-198, as amended (D.C. Code, sec. 47-3406.1).

                Federal Contribution to Retirement Funds

    For the Federal contribution to the Police Officers and Fire 
Fighters', Teachers', and Judges' Retirement Funds, as authorized by the 
District of Columbia Retirement Reform Act, approved November 17, 1979 
(93 Stat. 866; Public Law 96-122), $52,070,000.

                        Presidential Inauguration

    For payment to the District of Columbia in lieu of reimbursement for 
expenses incurred in connection with Presidential inauguration 
activities, $5,702,000, as authorized by section 737(b) of the District 
of Columbia Self-Government and Governmental Reorganization Act, Public 
Law 93-198, as amended (D.C. Code, sec. 1-1803), which shall be 
apportioned by the Chief Financial Officer within the various 
appropriation headings in this Act.

        Federal Contribution for Repair of Drinking Water System

    For a Federal contribution to the District of Columbia Financial 
Responsibility and Management Assistance Authority for contracting with 
a private entity (or entities) to carry out a program to inspect, flush, 
and repair the drinking water distribution system of the District of 
Columbia, $1,000,000.

[[Page 110 STAT. 2357]]

                          Division of Expenses

    The following amounts are appropriated for the District of Columbia 
for the current fiscal year out of the general fund of the District of 
Columbia, except as otherwise specifically provided.

                   Governmental Direction and Support

    Governmental direction and support, $115,663,000 and 1,440 full-time 
equivalent positions (including $98,691,000 and 1,371 full-time 
equivalent positions from local funds, $12,192,000 and 8 full-time 
equivalent positions from Federal funds, and $4,780,000 and 61 full-time 
equivalent positions from other funds): Provided, That funds expended 
for the Office of the Mayor are not to exceed $2,109,000, of which 
$632,000 is from intra-District funds: Provided further, That $327,000 
of the funds for the Office of the Mayor shall be transferred to the 
Department of Administrative Services as reimbursement for occupancy 
costs, including costs for telephone, electricity and other services: 
Provided further, That not to exceed $2,500 for the Mayor, $2,500 for 
the Chairman of the Council of the District of Columbia, and $2,500 for 
the City Administrator shall be available from this appropriation for 
official purposes: Provided further, That any program fees collected 
from the issuance of debt shall be available for the payment of expenses 
of the debt management program of the District of Columbia: Provided 
further, That no revenues from Federal sources shall be used to support 
the operations or activities of the Statehood Commission and Statehood 
Compact Commission: Provided further, That the District of Columbia 
shall identify the sources of funding for Admission to Statehood from 
its own locally-generated revenues.

                   Economic Development and Regulation

    Economic development and regulation, $135,704,000 and 1,501 full-
time equivalent positions (including $67,196,000 and 720 full-time 
equivalent positions from local funds, $45,708,000 and 524 full-time 
equivalent positions from Federal funds, and $22,800,000 and 257 full-
time equivalent positions from other funds).

                        Public Safety and Justice

    Public safety and justice, including purchase of 135 passenger-
carrying vehicles for replacement only, including 130 for police-type 
use and five for fire-type use, without regard to the general purchase 
price limitation for the current fiscal year, $1,041,281,000 and 11,842 
full-time equivalent positions (including $1,012,112,000 and 11,726 
full-time equivalent positions from local funds, $19,310,000 and 112 
full-time equivalent positions from Federal funds, and $9,859,000 and 4 
full-time equivalent positions from other funds): Provided, That the 
Metropolitan Police Department is authorized to replace not to exceed 25 
passenger-carrying vehicles and the Fire Department of the District of 
Columbia is authorized to replace not to exceed five passenger-carrying 
vehicles annually whenever the cost of repair to any damaged vehicle 
exceeds three-fourths of the cost of the replacement: Provided further, 
That not to exceed $500,000 shall be available from this appropriation 
for the Chief of Police for the prevention and detection of crime: 
Provided further, That <<NOTE: Reports.>> the Metropolitan Police 
Department shall pro

[[Page 110 STAT. 2358]]

vide quarterly reports to the Committees on Appropriations of the House 
and Senate on efforts to increase efficiency and improve the 
professionalism in the department: Provided further, That 
notwithstanding any other provision of law, or Mayor's Order 86-45, 
issued March 18, 1986, the Metropolitan Police Department's delegated 
small purchase authority shall be $500,000: Provided further, That the 
District of Columbia government may not require the Metropolitan Police 
Department to submit to any other procurement review process, or to 
obtain the approval of or be restricted in any manner by any official or 
employee of the District of Columbia government, for purchases that do 
not exceed $500,000: Provided further, That funds appropriated for 
expenses under the District of Columbia Criminal Justice Act, approved 
September 3, 1974 (88 Stat. 1090; Public Law 93-412; D.C. Code, sec. 11-
2601 et seq.), for the fiscal year ending September 30, 1997, shall be 
available for obligations incurred under the Act in each fiscal year 
since inception in fiscal year 1975: Provided further, That funds 
appropriated for expenses under the District of Columbia Neglect 
Representation Equity Act of 1984, effective March 13, 1985 (D.C. Law 5-
129; D.C. Code, sec. 16-2304), for the fiscal year ending September 30, 
1997, shall be available for obligations incurred under the Act in each 
fiscal year since inception in fiscal year 1985: Provided further, That 
funds appropriated for expenses under the District of Columbia 
Guardianship, Protective Proceedings, and Durable Power of Attorney Act 
of 1986, effective February 27, 1987 (D.C. Law 6-204; D.C. Code, sec. 
21-2060), for the fiscal year ending September 30, 1997, shall be 
available for obligations incurred under the Act in each fiscal year 
since inception in fiscal year 1989: Provided further, That not to 
exceed $1,500 for the Chief Judge of the District of Columbia Court of 
Appeals, $1,500 for the Chief Judge of the Superior Court of the 
District of Columbia, and $1,500 for the Executive Officer of the 
District of Columbia Courts shall be available from this appropriation 
for official purposes: Provided further, 
That <<NOTE: Communications. Prisons. Virginia.>> the District of 
Columbia shall operate and maintain a free, 24-hour telephone 
information service whereby residents of the area surrounding Lorton 
prison in Fairfax County, Virginia, can promptly obtain information from 
District of Columbia government officials on all disturbances at the 
prison, including escapes, riots, and similar incidents: Provided 
further, That the District of Columbia government shall also take steps 
to publicize the availability of the 24-hour telephone information 
service among the residents of the area surrounding the Lorton prison: 
Provided further, That not to exceed $100,000 of this appropriation 
shall be used to reimburse Fairfax County, Virginia, and Prince William 
County, Virginia, for expenses incurred by the counties during the 
fiscal year ending September 30, 1997, in relation to the Lorton prison 
complex: Provided further, That such reimbursements shall be paid in all 
instances in which the District requests the counties to provide police, 
fire, rescue, and related services to help deal with escapes, fires, 
riots, and similar disturbances involving the prison: Provided further, 
That the Mayor shall reimburse the District of Columbia National Guard 
for expenses incurred in connection with services that are performed in 
emergencies by the National Guard in a militia status and are requested 
by the Mayor, in amounts that shall be jointly determined and certified 
as due and payable for these services by the Mayor and the Commanding 
General of the District of Columbia National Guard: Provided fur

[[Page 110 STAT. 2359]]

ther, That such sums as may be necessary for reimbursement to the 
District of Columbia National Guard under the preceding proviso shall be 
available from this appropriation, and the availability of the sums 
shall be deemed as constituting payment in advance for emergency 
services involved.

                         Public Education System

    Public education system, including the development of national 
defense education programs, $758,815,000 and 11,276 full-time equivalent 
positions (including $632,379,000 and 10,045 full-time equivalent 
positions from local funds, $98,479,000 and 1,009 full-time equivalent 
positions from Federal funds, and $27,957,000 and 222 full-time 
equivalent positions from other funds), to be allocated as follows: 
$573,430,000 and 9,935 full-time equivalent positions (including 
$479,679,000 and 9,063 full-time equivalent positions from local funds, 
$85,823,000 and 840 full-time equivalent positions from Federal funds, 
and $7,928,000 and 32 full-time equivalent positions from other funds), 
for the public schools of the District of Columbia; $2,835,000 from 
local funds for public charter schools: Provided, That if the entirety 
of this allocation has not been provided as payments to one or more 
public charter schools by May 1, 1997, and remains unallocated, the 
funds will revert to the general fund of the District of Columbia in 
accordance with section 2403(a)(2)(D) of the District of Columbia School 
Reform Act of 1995 (Public Law 104-134); $88,100,000 from local funds 
for the District of Columbia Teachers' Retirement Fund; $69,801,000 and 
917 full-time equivalent positions (including $38,479,000 and 572 full-
time equivalent positions from local funds, $11,747,000 and 156 full-
time equivalent positions from Federal funds, and $19,575,000 and 189 
full-time equivalent positions from other funds) for the University of 
the District of Columbia; $22,429,000 and 415 full-time equivalent 
positions (including $21,529,000 and 408 full-time equivalent positions 
from local funds, $446,000 and 6 full-time equivalent positions from 
Federal funds, and $454,000 and 1 full-time equivalent position from 
other funds) for the Public Library; $2,220,000 and 9 full-time 
equivalent positions (including $1,757,000 and 2 full-time equivalent 
positions from local funds and $463,000 and 7 full-time equivalent 
positions from Federal funds) for the Commission on the Arts and 
Humanities: Provided, That the public schools of the District of 
Columbia are authorized to accept not to exceed 31 motor vehicles for 
exclusive use in the driver education program: Provided further, That 
not to exceed $2,500 for the Superintendent of Schools, $2,500 for the 
President of the University of the District of Columbia, and $2,000 for 
the Public Librarian shall be available from this appropriation for 
official purposes: Provided further, That not less than $9,200,000 shall 
be available from this appropriation for school repairs in a restricted 
line item: Provided further, That not less than $1,200,000 shall be 
available for local school allotments in a restricted line item: 
Provided further, That not less than $4,500,000 shall be available to 
support kindergarten aides in a restricted line item: Provided further, 
That not less than $2,800,000 shall be available to support substitute 
teachers in a restricted line item: Provided further, That not less than 
$1,788,000 shall be available in a restricted line item for school 
counselors: Provided further, That this appropriation shall not be 
available to subsidize the education of nonresidents

[[Page 110 STAT. 2360]]

of the District of Columbia at the University of the District of 
Columbia, unless the Board of Trustees of the University of the District 
of Columbia adopts, for the fiscal year ending September 30, 1997, a 
tuition rate schedule that will establish the tuition rate for 
nonresident students at a level no lower than the nonresident tuition 
rate charged at comparable public institutions of higher education in 
the metropolitan area.

                         Human Support Services

    Human support services, $1,685,707,000 and 6,344 full-time 
equivalent positions (including $961,399,000 and 3,814 full-time 
equivalent positions from local funds, $676,665,000 and 2,444 full-time 
equivalent positions from Federal funds, and $47,643,000 and 86 full-
time equivalent positions from other funds): Provided, That $24,793,000 
of this appropriation, to remain available until expended, shall be 
available solely for District of Columbia employees' disability 
compensation: Provided further, That the District of Columbia shall not 
provide free government services such as water, sewer, solid waste 
disposal or collection, utilities, maintenance, repairs, or similar 
services to any legally constituted private nonprofit organization (as 
defined in section 411(5) of Public Law 100-77, approved July 22, 1987) 
providing emergency shelter services in the District, if the District 
would not be qualified to receive reimbursement pursuant to the Stewart 
B. McKinney Homeless Assistance Act, approved July 22, 1987 (101 Stat. 
485; Public Law 100-77; 42 U.S.C. 11301 et seq.).

                              Public Works

    Public works, including rental of one passenger-carrying vehicle for 
use by the Mayor and three passenger-carrying vehicles for use by the 
Council of the District of Columbia and purchase of passenger-carrying 
vehicles for replacement only, $247,967,000 and 1,252 full-time 
equivalent positions (including $234,391,000 and 1,149 full-time 
equivalent positions from local funds, $3,047,000 and 32 full-time 
equivalent positions from Federal funds, and $10,529,000 and 71 full-
time equivalent positions from other funds): Provided, That this 
appropriation shall not be available for collecting ashes or 
miscellaneous refuse from hotels and places of business.

           Washington Convention Center Fund Transfer Payment

    For payment to the Washington Convention Center Enterprise Fund, 
$5,400,000 from local funds.

                     Repayment of Loans and Interest

    For reimbursement to the United States of funds loaned in compliance 
with An Act to provide for the establishment of a modern, adequate, and 
efficient hospital center in the District of Columbia, approved August 
7, 1946 (60 Stat. 896; Public Law 79-648); section 1 of An Act to 
authorize the Commissioners of the District of Columbia to borrow funds 
for capital improvement programs and to amend provisions of law relating 
to Federal Government participation in meeting costs of maintaining the 
Nation's Capital City, approved June 6, 1958 (72 Stat. 183; Public Law 
85-451; D.C. Code, sec. 9-219); section 4 of An Act to authorize the 
Commis

[[Page 110 STAT. 2361]]

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