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(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 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. 133. The University of the District of Columbia
shall submit to the Congress, the Mayor, 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, and object class, and for all funds, non-appro-
priated funds, and capital financing;
(2) a breakdown of FTE positions and all em-
ployees for the most current pay period broken out
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on the basis of control center and responsibility cen-
ter, 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 ob-
ject, 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 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;
(5) 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
(6) 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
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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. 134. (a) The Board of Education of the District
of Columbia and the University of the District of Colum-
bia shall annually compile an accurate and verifiable re-
port 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,
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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 Au-
thority, not later than February 15 of each year.
ANNUAL BUDGETS AND BUDGET REVISIONS
SEC. 135. (a) No later than October 1, 1996, or with-
in 15 calendar days after the date of the enactment of
the District of Columbia Appropriations Act, 1997, which-
ever 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 Consen-
sus 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 Colum-
bia 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, re-
spectively, 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
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District of Columbia submit to the Mayor of the District
of Columbia for inclusion in the Mayor’s budget submis-
sion to the Council of the District of Columbia pursuant
to section 442 of the District of Columbia Self-Govern-
ment 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 Reorga-
nization 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 instru-
ments for evaluating District of Columbia Public Schools
employees shall be a non-negotiable item for collective bar-
gaining purposes.
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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 di-
rectors, 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
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(B) by inserting after subparagraph (L)(i),
the following new clause:
‘‘(ii) notwithstanding any other provi-
sion of law, the Board of Education shall
not issue rules that require or permit non-
school-based personnel or school adminis-
trators to be assigned or reassigned to the
same competitive level as classroom teach-
ers;’’; 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 em-
ployee;
(2) placed under the personnel authority of the
Board of Education; and
(3) subject to all Board of Education rules.
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(b) School-based personnel shall constitute a separate
competitive area from nonschool-based personnel who shall
not compete with school-based personnel for retention pur-
poses.
MODIFICATION OF REDUCTION-IN-FORCE PROCEDURES
SEC. 140. (a) Section 2401 of the District of Colum-
bia 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 person-
nel authority may establish lesser competitive areas within
an agency on the basis of all or a clearly identifiable seg-
ment of an agency’s mission or a division or major subdivi-
sion of an agency.’’.
(b) 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 149 of the Dis-
trict 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, 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, 1997, each agency
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head is authorized, within the agency head’s discretion,
to identify positions for abolishment.
‘‘(b) Prior to February 1, 1997, each personnel au-
thority 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
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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 as fol-
lows—
‘‘(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, 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 sep-
aration 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
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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) 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 termi-
nation 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 termi-
nation notice to be served, no later than September 1,
1997, on any incumbent employee remaining in any posi-
tion identified to be abolished pursuant to subsection (b)
of this section’’.
CEILING ON EXPENSES AND DEFICIT
SEC. 141. (a) CEILING ON TOTAL OPERATING EX-
PENSES AND DEFICIT.—
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(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 less-
er 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 Offi-
cer 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 Dis-
trict during fiscal year 1997.
(b) ACCEPTANCE AND USE OF GRANTS NOT IN-
CLUDED IN CEILING.—
(1) IN GENERAL.—Notwithstanding subsection
(a), the Mayor of the District of Columbia may ac-
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cept, 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 OFFI-
CER REPORT AND FINANCIAL RESPONSIBILITY AND
MANAGEMENT ASSISTANCE AUTHORITY APPROVAL.—
No such Federal, private, or other grant may be ac-
cepted, obligated, or expended pursuant to para-
graph (1) until—
(A) the Chief Financial Officer of the Dis-
trict submits to the District of Columbia Finan-
cial 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 Re-
sponsibility and Management Assistance Au-
thority has reviewed and approved the accept-
ance, obligation, and expenditure of 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.
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(3) PROHIBITION ON SPENDING IN ANTICIPA-
TION OF APPROVAL OR RECEIPT.—No amount may
be obligated or expended from the general fund or
other funds of the District government in anticipa-
tion 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 re-
port 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 Rep-
resentatives 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 Respon-
sibility and Management Assistance Act of 1995 the fol-
lowing shall apply:
(a) the heads and all personnel of the following
offices, together with all other District of Columbia
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executive branch accounting, budget, and financial
management personnel, shall be appointed by, shall
serve at the pleasure of, and shall act under the di-
rection 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 Serv-
ices.
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, ap-
proved December 24, 1973 (87 Stat. 774; Public
Law 93–198), as amended, for each fiscal year oc-
curring during a control period in effect under sub-
title A of title II of the District of Columbia Finan-
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cial Responsibility and Management Assistance Act
of 1995, annual estimates of the expenditures and
appropriations necessary for the operation of the Of-
fice 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 Re-
organization Act, Public Law 93–198, approved De-
cember 24, 1973, without revision but subject to rec-
ommendations. Notwithstanding any other provi-
sions 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 be-
fore February 14, 1980, and who retire on disability be-
fore 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–
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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 Re-
form Act of 1979 (Public Law 96–122, approved Novem-
ber 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 No-
vember 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 Co-
lumbia Self-Government and Governmental Reorganiza-
tion 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.
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DISTRICT OF COLUMBIA SCHOOL REFORM
SEC. 145. Section 2204(c)(2) of the District of Co-
lumbia 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 tui-
tion, 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 offer-
ing, or activity not described in clause (i) or (ii)
of subparagraph (A), including adult education
programs, or for field trips or similar activi-
ties.’’.
This Act may be cited as the District of Columbia
Appropriations Act, 1997.
Calendar No. 357
104TH CONGRESS
2D SESSION
H. R. 3845
[Report No. 104–689]
A BILL
Making appropriations for the government of the
District of Columbia and other activities charge-
able in whole or in part against the revenues of
said District for the fiscal year ending September
30, 1997, and for other purposes.
JULY 18, 1996
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed