H. R. 3845—16
bia 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 report-
ing 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 congres-
sional 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 expendi-
tures.
(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 pursu-
ant 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.
H. R. 3845—17
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 competi-
tive 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 Govern-
ment 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,
H. R. 3845—18
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 nego-
tiated 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 assign-
ment 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 employ-
ee’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 sub-
section 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 deter-
mination 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
H. R. 3845—19
‘‘(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 $74,000,000; 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 Dis-
trict 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 appropria-
tions 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 Dis-
trict government that are not reflected in the amounts appro-
priated 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
H. R. 3845—20
such grant in accordance with review and approval proce-
dures 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 para-
graph.
(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 Commit-
tees 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 accounting, budget,
and financial management personnel (including personnel of
independent agencies but not including personnel of the legisla-
tive and judicial branches of the District government), 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 Manage-
ment 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
H. R. 3845—21
Reorganization Act, Public Law 93–198, approved December
24, 1973, without revision but subject to recommendations.
Notwithstanding any other provisions of the District of Colum-
bia Self-Government and Governmental Reorganization Act,
Public Law 93–198, approved December 24, 1973, the Council
may comment or make recommendations concerning such esti-
mates, 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’ Retire-
ment 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 Colum-
bia 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 stu-
dent, charge tuition, impose fees, or otherwise require pay-
ment for participation in any program, educational offering,
or activity that—
‘‘(i) enrolls students in any grade from kinder-
garten 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,
H. R. 3845—22
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 PROD-
UCTS.—In the case of any equipment or product that may
be authorized to be purchased with financial assistance pro-
vided 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 LABEL-
ING PRODUCTS AS MADE IN AMERICA.—If it has been finally deter-
mined 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 debar-
ment, 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 Colum-
bia Housing Finance Agency, established by section 210 of the
District of Columbia Housing Finance Agency Act, effective March
3, 1979 (D.C. Law 2–135; D.C. Code, sec. 45–2111) shall not be
required to repay moneys advanced by the District government
(including accrued interest thereon) pursuant to Congressional
appropriations for fiscal years 1980 through 1992.
SEC. 148. Section 2561(b) of the District of Columbia School
Reform Act of 1995 (Public Law 104–134) is amended to read
as follows:
‘‘(b) LIMITATION.—A waiver under subsection (a) shall not apply
to requirements under 40 U.S.C. 267a–276a–7 and Executive Order
11246.’’.
ENERGY AND WATER SAVINGS AT DISTRICT OF COLUMBIA FACILITIES
SEC. 149. 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 accom-
plish energy conservation measures to achieve maximum cost-
effective energy and water savings;
(B) enter into innovative financing and contractual mecha-
nisms including, but not limited to, utility demand-side manage-
ment programs and energy savings performance contracts and
H. R. 3845—23
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 conservation.
REDUCTION IN MINIMUM NUMBER OF MEMBERS OF THE BOARD OF
TRUSTEES OF AMERICAN UNIVERSITY
SEC. 150. The first section of the Act entitled ‘‘An Act to
incorporate the American University’’, approved February 24, 1893,
(27 Stat. 476), is amended by striking ‘‘forty’’ and inserting ‘‘twenty-
five’’.
WAIVER OF CONGRESSIONAL REVIEW FOR CERTAIN COUNCIL ACTS
SEC. 151. Notwithstanding section 602(c)(1) of the District of
Columbia Self-Government and Governmental Reorganization Act,
each of the following District of Columbia acts shall take effect
on the date of the enactment of this Act:
(1) The District of Columbia Real Property Tax Lien Assign-
ment or Sale and Transfer Amendment Act of 1996 (D.C. Act
11–353).
(2) The Telecommunications Competition Act of 1996 (D.C.
Act 11–300).
(3) The Mortgage Lenders and Brokers Act of 1996 (D.C.
Act 11–309).
This Act may be cited as the District of Columbia Appropria-
tions Act, 1997.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.