322f2ca0ee3bda44a03251d7895923a2a9742db315037eba09545397546bc768

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.

54bb20f7c779c6a63f826c7eb96d1c857c57b618f3b7db77c9de1abdb665cda0

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.

db368997a2010b2575de2f9960b41d29c8f836d952e3c734dca484a1ed7b89cf

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.

719eb88949f79bf70c20157f226e4c7afe352cfdf07db2903ccfd311d09432aa

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).

4671612466d1f27e8bca11388e93462aad4009b27994cb8e88f87f4f70c94302

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.

dfb0aa4ac40cda296ed30010ba1dc12a9fb28b08943e4cb90721765072f0b400

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)).

272e89be990719ea716442dabbac62df3e2d01a226b02dcd0ccc36ae2133d730

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.).

70e395d4a9ef41b270167a61cba9a0ad34db71720bc8447af864e844f8cef763

remain available for obligation beyond the current fiscal year unless
expressly so provided herein.

7770463076f9f59a2cd4c29b71d116e217918273a4ebbc20184321af00939d06

Columbia government for the operation of educational institutions, 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.

eb26044bdacba8a5604108b91e91801df6b6c1729a69420585c336800bce079d

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.

fc43e33a1f65f15fbf0d4fb3e0a6a9004e10662fca1aabc94e6cbb8b49ff1d1e

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.).

95cd68a7c37e32918abbf769323607e6969366cfce8cc187393a45d634b13a52

or propaganda purposes or implementation of any policy including
boycott designed to support or defeat legislation pending before
Congress or any State legislature.

e388ebc27721460fbc53d22b5c6420cb3e7248c94cdce7965ceb9ad8d1edcdce

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.

ac023130f2b27365bddf9a449e10b4dcb06d7bd62745f2228c30c62a34eea9b6

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.

a7024c29a4eda1b6babddcffaba5f4637a78dc68410561f6a72b12dbb6e132a6

capital projects for the operating expenses of the District of Columbia
government.

ff91b46332ac83baa703dcefd7802098718cb712cdd589b905ac498ec3b68a43

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.

e3729d22ec96a376ac7e5bc1f920b93becfaebe6b04a4da90412cd8282207aa7

obligated or expended to provide a personal cook, chauffeur, or other
personal servants to any officer or employee of the District of
Columbia.

4f4736ccb562b5a45ca9b00a38957a3b0fb62071c96ca7a1673bbcd050a73d21

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.

0abfe95a6d3e2ec1e35dd40dd25a8ad8981349fec6d8d7d21a6ab5f6d0caa8f6

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.

cfb14b69e06f2825f68e0b9ddaec57d6de37789b970a5fe5aa95d59d75855ada

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.

ad7c9b91e570c21a1a7830240b6cbfb7c7b460cdecf7fd7a4410307a04e92f56

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.

6be9bd7206e4b90753c337266c0679d7eb7f863a91cc0e4ebb9203f4444915ba

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.

c8c58b7b679245a15133722312a2a5d8314e08c266740abc2d33ebf6a56a4431

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.

44438261931c72393c55c8ed921dbbecb340399d5dd3c5905144a2bc9575ea62

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.

7c159290a00ca57d8f25913f9989f7d76187893371e0e288436c1c3de48caea2

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.

0fd8b5493e21e94578405c52a472449c80324566372729a51a3062fb7e0ee4f6

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 of the
required reorganization plans.

1314c56d5ba6536e21289d7b1708d29d04ed742abf86b30b63f840ab73d8e260

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.

433d890a92167529b6aec253a1f46ba1f5db2b13c1cae46d5f07f4f7b047f189

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)).
Prohibition Against Use of Funds for Abortions

4b4572eeab8e3e00fa2746e890cea1519f01d39a41da2c2e794171749f0901f7

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

6862124362cff571853fa16c84b9217fc37b0de684a84e3be3c29b4de116b491

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.
Compensation of Members of Judicial Nomination Commission

8d35b7a43d8fa2f8ada7280a105becfa1550369c09d8e61b0d97d6b4dc89481f

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

387e924bee37eca8cf551606a321d363f41b1a131389fe644fa409044e917f22

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

c2c191e816c4ca0cfa4b1ab9021ecb50dec8d7f947979a7a2d6e6d7b2e3f824d

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

9170ab70e89f8881e59084212612cf7b3c81f6c10be31f9295b42a2509f286dc

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

9c169a1cc28f5797529e239e0dadb49b329b50918fa02086af1823641a5ae93b

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

404fab07bf2b45718759848de20786f564dcfef6c5e110d38a3e76bbc6d05caf

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

a8b18b8abd6e009e148ef4dc56c316b26e5b24da5f69bc1ca8ac67c055a029b4

regulation, the evaluation process and instruments for evaluating
District of Columbia Public Schools employees shall be a non-negotiable
item for collective bargaining purposes.
Modifications of Board of Education Reduction-in-Force Procedures

d31900e73d297a46f6c505454044307f49a4492a74a3221d5d36b1bbf980f205

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.''.

4f8c195a0965f4e81a371f67da0203f79a1a86880f8ff3d2c2971e67c80fd2cf

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

f0c57987ec2d6e9333de314d7a91ba3a06cbe63a1ab96e05522801a76890deac

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

c9f063b236c5b6fd4cec6bc86f514854523ddf0d83cba93a5a35ea7221950a3a

(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 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.
chief financial officer powers during control periods

809fb4162dd698940fdd21f338fef95582ee637d2427c4ab2670528ffea8a58a

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 legislative
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 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

197be6c9389a627dd76522516194f24d6a39b08299d4527a46d87573ac1f2a91

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 ofColumbia
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.

4e312f0499cf7269b44e3b79211518a9fad9c8de7b2d83a18280b77bbf52e353

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

b642930ddae2684fbe4d41996720aa43bfe2f64879c95e9564bb37f67b69312c

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.''.

93a9ca4c037b8e8b7fc6f02361eeeb8c5e3192d1eace9bc11771ae9795f635f5

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.

a6337ef24279e5e72bcaf0c115ec1b88fda2a0fc71f6658262eb86a052ec4cf0

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.

11b4de8351645a09b00216b214a0b40f353906df1b2b7837cab596b697456d46

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

3180c61b92ac094084f5cb8c06392d8a440515250bba2cac85e64413303e8e10

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
conservation.
Reduction in Minimum Number of Members of the Board of Trustees of
American University

c5ca61d35bc1e4ae5eb80042c32cb4826875d1e6641e2b4d80d4978a24e1c5ab

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

ba0b0e12b9fd6315fbb7f9279a8e9a23d37c4a59cbe89bf5b141f5aa06b69d31

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 Assignment
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 Appropriations
Act, 1997.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

3a5012cc9863713ffe3282cc7674d2b7e97c42db909caca75ff5c2aa286a23e6

District of Columbia FY97 Appropriations bill — HR. 3845

Other Sections

Want the full experience?