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 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
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.—
(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-
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.
(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.
ACCEPTANCE AND USE OF GRANTS
SEC. 141. (a) ACCEPTANCE AND USE OF GRANTS.—
(1) IN GENERAL.—The Mayor of the District of
Columbia may accept, obligate, and expend Federal,
private, and other grants received by the District gov-
ernment that are not reflected in the amounts appro-
priated in this Act.
(2) REQUIREMENT OF CHIEF FINANCIAL OFFICER
REPORT AND FINANCIAL RESPONSIBILITY AND MAN-
AGEMENT
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 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 informa-
tion regarding such grant; and
(B) the District of Columbia Financial Re-
sponsibility and Management Assistance Author-
ity has reviewed and approved the acceptance,
obligation, and expenditure of such grant in ac-
cordance with review and approval procedures
consistent with the provisions of Public Law
104–8, the District of Columbia Financial Re-
sponsibility and Management Assistance Act of
1995.
(3) PROHIBITION ON SPENDING IN ANTICIPATION
OF APPROVAL OR RECEIPT.—No amount may be obli-
gated 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 Fed-
eral, private, and other grants subject to this sub-
section. Each such report shall be submitted to the
Council of the District of Columbia, and to the Com-
mittees on Appropriations of the House of Represent-
atives 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
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-
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.
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 per-
sonnel, (except legislative and judicial personnel)
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 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 occurring
during a control period in effect under subtitle A of
title II of the District of Columbia Financial Respon-
sibility and Management Assistance Act of 1995, an-
nual 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 sec-
tions 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. Not-
withstanding any other provisions of the District of
Columbia Self-Government and Governmental Reor-
ganization Act, Public Law 93–198, approved Decem-
ber 24, 1973, the Council may comment or make rec-
ommendations 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–
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.
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.’’.
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 REGARD-
ING 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 ex-
pending 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 bear-
ing 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 con-
tract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineli-
gibility 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 Columbia Housing Finance Agency, established by sec-
tion 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 in-
terest 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 amend-
ed 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.’’
SEC. 149. ENERGY AND WATER SAVINGS AT DISTRICT
OF COLUMBIA FACILITIES.—
(a) REDUCTION IN FACILITY ENERGY COSTS AND
WATER CONSUMPTION.—
IN GENERAL.—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 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 manage-
ment programs and energy savings perform-
ance contracts and water conservation per-
formance contracts: Provided, That the
terms of such contracts do not exceed twen-
ty-five years; and
(C) permit and encourage each depart-
ment 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 elec-
tricity or gas demand or for energy or
water and conservation.
This Act may be cited as the District of Columbia
Appropriations Act, 1997.