carried to term or where the pregnancy is the result of
an act of rape or incest.
PROHIBITION ON DOMESTIC PARTNERS ACT
SEC. 130. None of the funds made available in this
Act may be used to implement or enforce the Health Care
Benefits Expansion Act of 1992 (D.C. Law 9–114; D.C.
Code, sec. 36–1401 et seq.) or to otherwise implement or
enforce any system of registration of unmarried, cohabit-
ing couples (whether homosexual, heterosexual, or les-
bian), including but not limited to registration for the pur-
pose of extending employment, health, or governmental
benefits to such couples on the same basis as such benefits
are extended to legally married couples.
MONTHLY REPORTING REQUIREMENTS—PUBLIC SCHOOLS
SEC. 131. The Emergency Transitional Education
Board of Trustees 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) cal-
endar 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 cen-
ter, agency reporting code, and object class, and for
all funds, including capital financing;
(2) a list of each account for which spending is
frozen and the amount of funds frozen, broken out
by control center, responsibility center, detailed ob-
ject, and agency reporting code, and for all funding
sources;
(3) 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 modifica-
tions, extensions, renewals; and specific modifica-
tions made to each contract in the last month;
(4) all reprogramming requests and reports
that are required to be, and have been, submitted to
the Board of Education; and
(5) changes made in the last month to the orga-
nizational structure of the D.C. Public Schools, dis-
playing previous and current control centers and re-
sponsibility 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. 132. The University of the District of Columbia
shall submit to the Congress, the Mayor, the District of
Columbia Financial Responsibility and Management As-
sistance Authority, and the Council of the District of Co-
lumbia 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 versus budget
broken out on the basis of control center, respon-
sibility center, and object class, and for all funds,
non-appropriated funds, and capital financing;
(2) a list of each account for which spending is
frozen and the amount of funds frozen, broken out
by control center, responsibility center, detailed ob-
ject, and for all funding sources;
(3) 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 Co-
lumbia; 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 modifica-
tions, extensions, renewals; and specific modifica-
tions made to each contract in the last month;
(4) all reprogramming requests and reports
that have been made by the University of the Dis-
trict of Columbia within the last month in compli-
ance with applicable law; and
(5) changes made in the last month to the orga-
nizational 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 af-
fected, and the reasons for the structural change.
ANNUAL REPORTING REQUIREMENTS
SEC. 133. (a) IN GENERAL.—The Emergency Tran-
sitional Education Board of Trustees 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 posi-
tions 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 Dis-
trict of Columbia Public Schools and the University
of the District of Columbia as of the preceding De-
cember 31, verified as to its accuracy in accordance
with the functions that each employee actually per-
forms, by control center, responsibility center, agen-
cy 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. 134. (a) No later than October 1, 1997, or with-
in 15 calendar days after the date of the enactment of
the District of Columbia Appropriations Act, 1998, which-
ever occurs later, and each succeeding year, the Emer-
gency Transitional Education Board of Trustees and the
University of the District of Columbia shall submit to the
appropriate congressional committees, the Mayor, the Dis-
trict 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 appropria-
tion and that realigns budgeted data for personal services
and other-than-personal services, respectively, with antici-
pated actual expenditures.
(b) The revised budget required by subsection (a) of
this section shall be submitted in the format of the budget
that the Emergency Transitional Education Board of
Trustees and the University of the District of Columbia
submit to the Mayor of the District of Columbia for inclu-
sion in the Mayor’s budget submission to the Council of
the District of Columbia pursuant to section 442 of the
District of Columbia Home Rule Act, Public Law 93–198,
as amended (D.C. Code, sec. 47–301).
EDUCATIONAL BUDGET APPROVAL
SEC. 135. The Emergency Transitional Education
Board of Trustees, the Board of Trustees of the Univer-
sity 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
Home Rule 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. 136. Notwithstanding any other provision of
law, rule, or regulation, the evaluation process and instru-
ments for evaluating District of Columbia Public Schools
employees shall be a non-negotiable item for collective bar-
gaining purposes.
SEC. 137. (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 em-
ployee;
(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
(b) SOURCE
OF PAYMENT
FOR EMPLOYEES DE-
TAILED WITHIN GOVERNMENT.—For purposes of deter-
mining the amount of funds expended by any entity within
the District of Columbia government during fiscal year
1998 and each succeeding fiscal year, any expenditures
of the District government attributable to any officer or
employee of the District government who provides services
which are within the authority and jurisdiction of the en-
tity (including any portion of the compensation paid to
the officer or employee attributable to the time spent in
providing such services) shall be treated as expenditures
made from the entity’s budget, without regard to whether
the officer or employee is assigned to the entity or other-
wise treated as an officer or employee of the entity.
(c) MODIFICATION OF REDUCTION IN FORCE PROCE-
DURES.—The District of Columbia Government Com-
prehensive Merit Personnel Act of 1978 (D.C. Code, sec.
1–601.1 et seq.), as amended by section 140(b) of the Dis-
trict of Columbia Appropriations Act, 1997 (Public Law
104–194), is amended by adding at the end the following
new section:
‘‘SEC. 2408. ABOLISHMENT OF POSITIONS FOR FISCAL YEAR
1998.
‘‘(a) Notwithstanding any other provision of law, reg-
ulation, or collective bargaining agreement either in effect
or to be negotiated while this legislation is in effect for
the fiscal year ending September 30, 1998, each agency
head is authorized, within the agency head’s discretion,
to identify positions for abolishment.
‘‘(b) Prior to February 1, 1998, each personnel au-
thority (other than a personnel authority of an agency
which is subject to a management reform plan under sub-
title B of title XI of the Balanced Budget Act of 1997)
shall make a final determination that a position within the
personnel authority is to be abolished.
‘‘(c) Notwithstanding any rights or procedures estab-
lished by any other provision of this title, any District gov-
ernment employee, regardless of date of hire, who encum-
bers a position identified for abolishment shall be sepa-
rated 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 Dis-
trict 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 spe-
cific position is to be abolished, nor separation pursuant
to this section shall be subject to review except that—
‘‘(1) an employee may file a complaint contest-
ing a determination or a separation pursuant to title
XV of this Act or section 303 of the Human Rights
Act of 1977 (D.C. Code, sec. 1–2543); and
‘‘(2) an employee may file with the Office of
Employee Appeals an appeal contesting that the sep-
aration procedures of subsections (d) and (f) 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 em-
ployees 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 af-
fect an employee’s rights under either the Agency Reem-
ployment Priority Program or the Displaced Employee
Program established pursuant to Chapter 24 of the Dis-
trict Personnel Manual.
‘‘(j) With respect to agencies which are not subject
to a management reform plan under subtitle B of title XI
of the Balanced Budget Act of 1997, the Mayor shall sub-
mit to the Council a listing of all positions to be abolished
by agency and responsibility center by March 1, 1998 or
upon the delivery of termination notices to individual em-
ployees.
‘‘(k) Notwithstanding the provisions of section 1708
or section 2402(d), the provisions of this Act shall not be
deemed negotiable.