II

Calendar No. 170

106TH CONGRESS

1ST SESSION S. 1283

[Report No. 106–88]

Making appropriations for the government of the District of Columbia and

other activities chargeable in whole or in part against the revenues

of said District for the fiscal year ending September 30, 2000, and

for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 24, 1999

Mrs. HUTCHISON, from the Committee on Appropriations, reported the

following original bill; which was read twice and placed on the calendar

A BILL

Making appropriations for the government of the District

of Columbia and other activities chargeable in whole

or in part against the revenues of said District for the

fiscal year ending September 30, 2000, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That, the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the
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1 District of Columbia for the fiscal year ending September

2 30, 2000, and for other purposes, namely:

3 FEDERAL FUNDS

4 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

5 CORRECTIONS TRUSTEE OPERATIONS

6 For payment to the District of Columbia Corrections

7 Trustee, $176,000,000 for the administration and oper8 ation of correctional facilities and for the administrative

9 operating costs of the Office of the Corrections Trustee,

10 as authorized by section 11202 of the National Capital

11 Revitalization and Self-Government Improvement Act of

12 1997, as amended: Provided, That said sums shall be paid

13 quarterly by the Treasury of the United States based on

14 quarterly apportionments approved by the Office of Man15 agement and Budget.

16 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

17 COURTS

18 Notwithstanding any other provision of law,

19 $136,440,000 for payment to the Joint Committee on Ju20 dicial Administration in the District of Columbia; of which

21 not to exceed $128,440,000 shall be for District of Colum22 bia Courts operation, to be allocated as follows: for the

23 District of Columbia Court of Appeals, $7,403,000; for the

24 District of Columbia Superior Court, $78,561,000; for the

25 District of Columbia Court System, $42,476,000; and of
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1 which not to exceed $8,000,000 shall remain available

2 until September 30, 2001 for capital improvements for

3 District of Columbia courthouse facilities: Provided, That

4 of amounts available for District of Columbia Courts oper5 ation, $6,900,000 shall be for the Counsel for Child Abuse

6 and Neglect program pursuant to section 1101 of title 11,

7 D.C. Code, and section 2304 of title 16, D.C. Code, and

8 of which $26,036,000 shall be to carry out sections 2602

9 and 2604 of title 11, D.C. Code, relating to representation

10 of indigents in criminal cases under the Criminal Justice

11 Act, in total, $32,936,000: Provided further, That, subject

12 to normal reprogramming requirements contained in sec13 tion 116 of this Act, this $32,936,000 may be used for

14 other purposes under this heading: Provided further, That

15 funds under this heading to carry out the District of Co16 lumbia Criminal Justice Act (D.C. Code, sec. 11–2601 et

17 seq.), shall be available for obligations incurred under the

18 Act in each fiscal year since fiscal year 1975: Provided

19 further, That funds under this heading to carry out the

20 District of Columbia Neglect Representation Equity Act

21 of 1984 (D.C. Code, sec. 16–2304), shall be available for

22 obligations incurred under the Act in each fiscal year since

23 fiscal year 1985: Provided further, That funds under this

24 heading to carry out the District of Columbia Guardian25 ship, Protective Proceedings, and Durable Power of Attor-
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1 ney Act of 1986 (D.C. Code, sec. 21–2060), shall be avail2 able for obligations incurred under the Act in each fiscal

3 year since fiscal year 1989: Provided further, That all

4 amounts under this heading shall be paid quarterly by the

5 Treasury of the United States based on quarterly appor6 tionments approved by the Office of Management and

7 Budget, with payroll and financial services to be provided

8 on a contractual basis with the General Services Adminis9 tration [GSA], said services to include the preparation of

10 monthly financial reports, copies of which shall be sub11 mitted directly by GSA to the President and to the Com12 mittees on Appropriations of the Senate and House of

13 Representatives, the Committee on Governmental Affairs

14 of the Senate, and the Committee on Government Reform

15 of the House of Representatives.

16 FEDERAL PAYMENT TO THE COURT SERVICES AND OF17 FENDER SUPERVISION AGENCY FOR THE DISTRICT

18 OF COLUMBIA

19 For payment to the Court Services and Offender Su20 pervision Agency for the District of Columbia,

21 $80,300,000, as authorized by the National Capital Revi22 talization and Self-Government Improvement Act of 1997,

23 as amended; of which $47,100,000 shall be for necessary

24 expenses of Parole Revocation, Adult Probation and Of25 fender Supervision, to include expenses relating to super-
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1 vision of adults subject to protection orders or provision

2 of services for or related to such persons; $17,400,000

3 shall be available to the Public Defender Service; and

4 $15,800,000 shall be available to the Pretrial Services

5 Agency: Provided, That, notwithstanding any other provi6 sion of law, said sums shall be paid quarterly by the

7 Treasury based on quarterly apportionments approved by

8 the Office of Management and Budget. Upon the Agency’s

9 certification as a Federal entity, as authorized by such

10 Act, and notwithstanding any other provision of law, the

11 Public Defender Service shall be subject to quarterly ap12 portionment by the Office of Management and Budget:

13 Provided further, That, of the amounts made available

14 under this heading, $5,873,000 shall be available only for

15 individuals on probation or supervised release for drug

16 screening and testing.

17 FEDERAL PAYMENT FOR DISTRICT OF COLUMBIA

18 RESIDENT TUITION SUPPORT

19 For payment to the District of Columbia,

20 $17,000,000, for a program, to be administered by the

21 Mayor, for District of Columbia resident tuition support,

22 subject to the enactment of authorizing legislation specifi23 cally referencing this program: Provided, That said funds

24 will be used to pay the difference between in-State and

25 out-of-State tuition at public institutions of higher edu-
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1 cation on behalf of eligible District of Columbia residents:

2 Provided further, That awarding of said funds shall be

3 prioritized on the basis of a resident’s academic merit and

4 other factors as authorized.

5 FEDERAL PAYMENT FOR METROPOLITAN POLICE

6 DEPARTMENT

7 For payment to the Metropolitan Police Department,

8 $1,000,000, for a program to eliminate open air drug traf9 ficking in the District of Columbia.

10 DISTRICT OF COLUMBIA FUNDS

11 OPERATING EXPENSES

12 DIVISION OF EXPENSES

13 The following amounts are appropriated for the Dis14 trict of Columbia for the current fiscal year out of the

15 general fund of the District of Columbia, except as other16 wise specifically provided.

17 GOVERNMENTAL DIRECTION AND SUPPORT

18 Governmental direction and support, $162,356,000

19 (including $137,134,000 from local funds, $11,670,000

20 from Federal funds, and $13,552,000 from other funds):

21 Provided, That not to exceed $2,500 for the Mayor,

22 $2,500 for the Chairman of the Council of the District

23 of Columbia, and $2,500 for the City Administrator shall

24 be available from this appropriation for official purposes:

25 Provided further, That any program fees collected from the
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1 issuance of debt shall be available for the payment of ex2 penses of the debt management program of the District

3 of Columbia: Provided further, That no revenues from

4 Federal sources shall be used to support the operations

5 or activities of the Statehood Commission and Statehood

6 Compact Commission: Provided further, That the District

7 of Columbia shall identify the sources of funding for Ad8 mission to Statehood from its own locally-generated reve9 nues: Provided further, That all employees permanently as10 signed to work in the Office of the Mayor shall be paid

11 from funds allocated to the Office of the Mayor: Provided

12 further, That, notwithstanding any other provision of law

13 now or hereafter enacted, no Member of the District of

14 Columbia Council eligible to earn a part-time salary of

15 $92,520, exclusive of the Council Chairman, shall be paid

16 a salary of more than $84,635 during fiscal year 2000.

17 ECONOMIC DEVELOPMENT AND REGULATION

18 Economic development and regulation, $190,335,000

19 (including $52,911,000 from local funds; $84,751,000

20 from Federal funds, and $52,673,000 from other funds),

21 of which $15,000,000 collected by the District of Colum22 bia in the form of BID tax revenue shall be paid to the

23 respective BIDs pursuant to the Business Improvement

24 Districts Act of 1996 (D.C. Law 11–134; D.C. Code, sec.

25 1–2271 et seq.), and the Business Improvement Districts
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1 Temporary Amendment Act of 1997 (D.C. Law 12–23):

2 Provided, That such funds are available for acquiring serv3 ices provided by the General Services Administration: Pro4 vided further, That Business Improvement Districts shall

5 be exempt from taxes levied by the District of Columbia.

6 PUBLIC SAFETY AND JUSTICE

7 Public safety and justice, including purchase or lease

8 of 135 passenger-carrying vehicles for replacement only,

9 including 130 for police-type use and five for fire-type use,

10 without regard to the general purchase price limitation for

11 the current fiscal year, $778,470,000 (including

12 $565,211,000 from local funds, $29,012,000 from Federal

13 funds, and $184,247,000 from other funds): Provided,

14 That the Metropolitan Police Department is authorized to

15 replace not to exceed 25 passenger-carrying vehicles and

16 the Department of Fire and Emergency Medical Services

17 of the District of Columbia is authorized to replace not

18 to exceed five passenger-carrying vehicles annually when19 ever the cost of repair to any damaged vehicle exceeds

20 three-fourths of the cost of the replacement: Provided fur21 ther, That not to exceed $500,000 shall be available from

22 this appropriation for the Chief of Police for the preven23 tion and detection of crime: Provided further, That the

24 Metropolitan Police Department shall provide quarterly

25 reports to the Committees on Appropriations of the House
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1 and Senate on efforts to increase efficiency and improve

2 the professionalism in the department: Provided further,

3 That notwithstanding any other provision of law, or May4 or’s Order 86–45, issued March 18, 1986, the Metropoli5 tan Police Department’s delegated small purchase author6 ity shall be $500,000: Provided further, That the District

7 of Columbia government may not require the Metropolitan

8 Police Department to submit to any other procurement re9 view process, or to obtain the approval of or be restricted

10 in any manner by any official or employee of the District

11 of Columbia government, for purchases that do not exceed

12 $500,000: Provided further, That the Mayor shall reim13 burse the District of Columbia National Guard for ex14 penses incurred in connection with services that are per15 formed in emergencies by the National Guard in a militia

16 status and are requested by the Mayor, in amounts that

17 shall be jointly determined and certified as due and pay18 able for these services by the Mayor and the Commanding

19 General of the District of Columbia National Guard: Pro20 vided further, That such sums as may be necessary for

21 reimbursement to the District of Columbia National

22 Guard under the preceding proviso shall be available from

23 this appropriation, and the availability of the sums shall

24 be deemed as constituting payment in advance for emer25 gency services involved: Provided further, That the Metro-
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1 politan Police Department is authorized to maintain 3,800

2 sworn officers, with leave for a 50 officer attrition: Pro3 vided further, That $100,000 shall be available for inmates

4 released on medical and geriatric parole: Provided further,

5 That, commencing on December 31, 1999, the Metropoli6 tan Police Department shall provide to the Committees on

7 Appropriations of the Senate and House of Representa8 tives, the Committee on Governmental Affairs of the Sen9 ate, and the Committee on Government Reform of the

10 House of Representatives, quarterly reports on the status

11 of crime reduction in each of the 83 police service areas

12 established throughout the District of Columbia: Provided

13 further, That $900,000 in local funds shall be available

14 for the operations of the Office of Citizen Complaint Re15 view.

16 PUBLIC EDUCATION SYSTEM

17 Public education system, including the development

18 of national defense education programs, $867,411,000 (in19 cluding $721,847,000 from local funds, $120,951,000

20 from Federal funds, and $24,613,000 from other funds),

21 to be allocated as follows: $713,197,000 (including

22 $600,936,000 from local funds, $106,213,000 from Fed23 eral funds, and $6,048,000 from other funds), for the pub24 lic schools of the District of Columbia; $10,700,000 from

25 local funds for the District of Columbia Teachers’ Retire-
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1 ment Fund; $17,000,000 from local funds for a program

2 for District of Columbia resident tuition support;

3 $27,885,000 from local funds (not including funds already

4 made available for District of Columbia public schools) for

5 public charter schools: Provided, That if the entirety of

6 this allocation has not been provided as payments to any

7 public charter schools currently in operation through the

8 per pupil funding formula, the funds shall be available for

9 new public charter schools on a per pupil basis: Provided

10 further, That $480,000 of this amount shall be available

11 to the District of Columbia Public Charter School Board

12 for administrative costs: $72,347,000 (including

13 $40,491,000 from local funds, $13,536,000 from Federal

14 funds, and $18,320,000 from other funds) for the Univer15 sity of the District of Columbia; $24,171,000 (including

16 $23,128,000 from local funds, $798,000 from Federal

17 funds, and $245,000 from other funds) for the Public Li18 brary; $2,111,000 (including $1,707,000 from local funds

19 and $404,000 from Federal funds) for the Commission on

20 the Arts and Humanities: Provided further, That the pub21 lic schools of the District of Columbia are authorized to

22 accept not to exceed 31 motor vehicles for exclusive use

23 in the driver education program: Provided further, That

24 not to exceed $2,500 for the Superintendent of Schools,

25 $2,500 for the President of the University of the District
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1 of Columbia, and $2,000 for the Public Librarian shall

2 be available from this appropriation for official purposes:

3 Provided further, That none of the funds contained in this

4 Act may be made available to pay the salaries of any Dis5 trict of Columbia Public School teacher, principal, admin6 istrator, official, or employee who knowingly provides false

7 enrollment or attendance information under article II, sec8 tion 5 of the Act entitled ‘‘An Act to provide for compul9 sory school attendance, for the taking of a school census

10 in the District of Columbia, and for other purposes’’, ap11 proved February 4, 1925 (D.C. Code, sec. 31–401 et seq.):

12 Provided further, That this appropriation shall not be

13 available to subsidize the education of any nonresident of

14 the District of Columbia at any District of Columbia pub15 lic elementary and secondary school during fiscal year

16 2000 unless the nonresident pays tuition to the District

17 of Columbia at a rate that covers 100 percent of the costs

18 incurred by the District of Columbia which are attrib19 utable to the education of the nonresident (as established

20 by the Superintendent of the District of Columbia Public

21 Schools): Provided further, That this appropriation shall

22 not be available to subsidize the education of nonresidents

23 of the District of Columbia at the University of the Dis24 trict of Columbia, unless the Board of Trustees of the Uni25 versity of the District of Columbia adopts, for the fiscal
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1 year ending September 30, 2000, a tuition rate schedule

2 that will establish the tuition rate for nonresident students

3 at a level no lower than the nonresident tuition rate

4 charged at comparable public institutions of higher edu5 cation in the metropolitan area: Provided further, That the

6 District of Columbia Public Schools shall not spend less

7 than $365,500,000 on local schools through the Weighted

8 Student Formula in fiscal year 2000: Provided further,

9 That notwithstanding any other provision of law, the Chief

10 Financial Officer of the District of Columbia shall appor11 tion from the budget of the Public Education System a

12 sum totaling five percent (5 percent) of the total budget

13 to be set aside until the current student count for Public

14 and Charter schools has been completed, and that this

15 amount shall be apportioned between the Public and Char16 ter schools based on their respective student population

17 count.

18 HUMAN SUPPORT SERVICES

19 Human support services, $1,526,111,000 (including

20 $635,123,000 from local funds, $875,814,000 from Fed21 eral funds, and $15,174,000 from other funds): Provided,

22 That $25,150,000 of this appropriation, to remain avail23 able until expended, shall be available solely for District

24 of Columbia employees’ disability compensation: Provided

25 further, That a peer review committee shall be established
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1 to review medical payments and the type of service re2 ceived by a disability compensation claimant: Provided fur3 ther, That the District of Columbia shall not provide free

4 government services such as water, sewer, solid waste dis5 posal or collection, utilities, maintenance, repairs, or simi6 lar services to any legally constituted private nonprofit or7 ganization, as defined in section 411(5) of the Stewart B.

8 McKinney Homeless Assistance Act (101 Stat. 485; Pub9 lic Law 100–77; 42 U.S.C. 11371), providing emergency

10 shelter services in the District, if the District would not

11 be qualified to receive reimbursement pursuant to such

12 Act (101 Stat. 485; Public Law 100–77; 42 U.S.C. 11301

13 et seq.).

14 PUBLIC WORKS

15 Public works, including rental of one passenger-car16 rying vehicle for use by the Mayor and three passenger17 carrying vehicles for use by the Council of the District of

18 Columbia and leasing of passenger-carrying vehicles,

19 $271,395,000 (including $258,341,000 from local funds,

20 $3,099,000 from Federal funds, and $9,955,000 from

21 other funds): Provided, That this appropriation shall not

22 be available for collecting ashes or miscellaneous refuse

23 from hotels and places of business.
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1 RECEIVERSHIP PROGRAMS

2 For all agencies of the District of Columbia govern3 ment under court ordered receivership, $337,077,000 (in4 cluding $212,606,000 from local funds, $106,111,000

5 from Federal funds, and $18,360,000 from other funds).

6 WORKFORCE INVESTMENTS

7 For workforce investments, $8,500,000 from local

8 funds, to be transferred by the Mayor of the District of

9 Columbia within the various appropriation headings in

10 this Act for which employees are properly payable.

11 RESERVE

12 For a reserve to be established by the Chief Financial

13 Officer of the District of Columbia and the District of Co14 lumbia Financial Responsibility and Management Assist15 ance Authority, $150,000,000.

16 DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY

17 AND MANAGEMENT ASSISTANCE AUTHORITY

18 For the District of Columbia Financial Responsibility

19 and Management Assistance Authority, established by sec20 tion 101(a) of the District of Columbia Financial Respon21 sibility and Management Assistance Act of 1995, approved

22 April 17, 1995 (109 Stat. 97; Public Law 104–8),

23 $3,140,000.
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1 REPAYMENT OF LOANS AND INTEREST

2 For payment of principal, interest and certain fees

3 directly resulting from borrowing by the District of Co4 lumbia to fund District of Columbia capital projects as

5 authorized by sections 462, 475, and 490 of the District

6 of Columbia Home Rule Act, approved December 24,

7 1973, as amended, and that funds shall be allocated for

8 expenses associated with the Wilson Building,

9 $328,417,000 from local funds: Provided, That for equip10 ment leases, the Mayor may finance $27,527,000 of equip11 ment cost, plus cost of issuance not to exceed two percent

12 of the par amount being financed on a lease purchase

13 basis with a maturity not to exceed five years: Provided

14 further, That $5,300,000 is allocated to the Metropolitan

15 Police Department, $3,200,000 for the Fire and Emer16 gency Medical Services Department, $350,000 for the De17 partment of Corrections, $15,949,000 for the Department

18 of Public Works and $2,728,000 for the Public Benefit

19 Corporation.

20 REPAYMENT OF GENERAL FUND RECOVERY DEBT

21 For the purpose of eliminating the $331,589,000

22 general fund accumulated deficit as of September 30,

23 1990, $38,286,000 from local funds, as authorized by sec24 tion 461(a) of the District of Columbia Home Rule Act,
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1 approved December 24, 1973, as amended (105 Stat. 540;

2 Public Law 102–106; D.C. Code, sec. 47–321(a)(1)).

3 PAYMENT OF INTEREST ON SHORT-TERM BORROWING

4 For payment of interest on short-term borrowing,

5 $9,000,000 from local funds.

6 CERTIFICATES OF PARTICIPATION

7 For lease payments in accordance with the Certifi8 cates of Participation involving the land site underlying

9 the building located at One Judiciary Square, $7,950,000

10 from local funds.

11 OPTICAL AND DENTAL INSURANCE PAYMENTS

12 For optical and dental insurance payments,

13 $1,295,000 from local funds.

14 PRODUCTIVITY BANK

15 The Chief Financial Officer of the District of Colum16 bia shall, under the direction of the Mayor and the District

17 of Columbia Financial Responsibility and Management

18 Assistance Authority, finance projects totaling

19 $20,000,000 in local funds that result in cost savings or

20 additional revenues, by an amount equal to such financing.

21 PRODUCTIVITY SAVINGS

22 The Chief Financial Officer of the District of Colum23 bia shall, under the direction of the Mayor and the District

24 of Columbia Financial Responsibility and Management

25 Assistance Authority, make reductions totaling
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1 $20,000,000 in local funds to be allocated to projects

2 funded through the Productivity Bank that produce cost

3 savings or additional revenues in an amount equal to the

4 Productivity Bank financing.

5 PROCUREMENT AND MANAGEMENT SAVINGS

6 The Chief Financial Officer of the District of Colum7 bia shall, under the direction of the Mayor and the District

8 of Columbia Financial Responsibility and Management

9 Assistance Authority, make reductions of $14,457,000 for

10 general supply schedule savings and $7,000,000 for man11 agement reform savings, in local funds to one or more of

12 the appropriation headings in this Act: Provided, That the

13 Mayor submits a resolution to the Council authorizing the

14 management reform savings and the Council approves the

15 resolution.

16 ENTERPRISE AND OTHER FUNDS

17 WATER AND SEWER AUTHORITY AND THE WASHINGTON

18 AQUEDUCT

19 For the Water and Sewer Authority and the Wash20 ington Aqueduct, $279,608,000 from other funds (includ21 ing $236,075,000 for the Water and Sewer Authority and

22 $43,533,000 for the Washington Aqueduct) of which

23 $35,222,000 shall be apportioned and payable to the Dis24 trict’s debt service fund for repayment of loans and inter25 est incurred for capital improvement projects.
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1 For construction projects, $197,169,000, as author2 ized by An Act authorizing the laying of watermains and

3 service sewers in the District of Columbia, the levying of

4 assessments therefore, and for other purposes, approved

5 April 22, 1904 (33 Stat. 244; Public Law 58–140; D.C.

6 Code, sec. 43–1512 et seq.): Provided, That the require7 ments and restrictions that are applicable to general fund

8 capital improvements projects and set forth in this Act

9 under the Capital Outlay appropriation title shall apply

10 to projects approved under this appropriation title.

11 LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

12 For the Lottery and Charitable Games Enterprise

13 Fund, established by the District of Columbia Appropria14 tion Act for the fiscal year ending September 30, 1982,

15 approved December 4, 1981 (95 Stat. 1174, 1175; Public

16 Law 97–91), as amended, for the purpose of implementing

17 the Law to Legalize Lotteries, Daily Numbers Games, and

18 Bingo and Raffles for Charitable Purposes in the District

19 of Columbia, effective March 10, 1981 (D.C. Law 3–172;

20 D.C. Code, secs. 2–2501 et seq. and 22–1516 et seq.),

21 $234,400,000: Provided, That the District of Columbia

22 shall identify the source of funding for this appropriation

23 title from the District’s own locally-generated revenues:

24 Provided further, That no revenues from Federal sources
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1 shall be used to support the operations or activities of the

2 Lottery and Charitable Games Control Board.

3 SPORTS AND ENTERTAINMENT COMMISSION

4 For the Sports and Entertainment Commission,

5 $10,846,000 from other funds for expenses incurred by

6 the Armory Board in the exercise of its powers granted

7 by the Act entitled ‘‘An Act To Establish A District of

8 Columbia Armory Board, and for other purposes’’, ap9 proved June 4, 1948 (62 Stat. 339; D.C. Code, sec. 2–

10 301 et seq.) and the District of Columbia Stadium Act

11 of 1957, approved September 7, 1957 (71 Stat. 619; Pub12 lic Law 85–300; D.C. Code, sec. 2–321 et seq.): Provided,

13 That the Mayor shall submit a budget for the Armory

14 Board for the forthcoming fiscal year as required by sec15 tion 442(b) of the District of Columbia Home Rule Act,

16 approved December 24, 1973 (87 Stat. 824; Public Law

17 93–198; D.C. Code, sec. 47–301(b)).

18 D.C. HEALTH AND HOSPITALS PUBLIC BENEFIT

19 CORPORATION

20 For the District of Columbia Health and Hospitals

21 Public Benefit Corporation, established by D.C. Law 11–

22 212, D.C. Code, sec. 32–262.2, effective April 9, 1997,

23 $133,443,000 of which $44,435,000 shall be derived by

24 transfer from the general fund and $89,008,000 from

25 other funds.
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1 D.C. RETIREMENT BOARD

2 For the D.C. Retirement Board, established by sec3 tion 121 of the District of Columbia Retirement Reform

4 Act of 1979, approved November 17, 1979 (93 Stat. 866;

5 D.C. Code, sec. 1–711), $9,892,000 from the earnings of

6 the applicable retirement funds to pay legal, management,

7 investment, and other fees and administrative expenses of

8 the District of Columbia Retirement Board: Provided,

9 That the District of Columbia Retirement Board shall pro10 vide to the Congress and to the Council of the District

11 of Columbia a quarterly report of the allocations of

12 charges by fund and of expenditures of all funds: Provided

13 further, That the District of Columbia Retirement Board

14 shall provide the Mayor, for transmittal to the Council of

15 the District of Columbia, an itemized accounting of the

16 planned use of appropriated funds in time for each annual

17 budget submission and the actual use of such funds in

18 time for each annual audited financial report.

19 CORRECTIONAL INDUSTRIES FUND

20 For the Correctional Industries Fund, established by

21 the District of Columbia Correctional Industries Estab22 lishment Act, approved October 3, 1964 (78 Stat. 1000;

23 Public Law 88–622), $1,810,000 from other funds.
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1 WASHINGTON CONVENTION CENTER ENTERPRISE FUND

2 For the Washington Convention Center Enterprise

3 Fund, $50,226,000 from other funds.

4 CAPITAL OUTLAY

5 (INCLUDING RESCISSIONS)

6 For construction projects, a net increase of

7 $1,218,637,500 (including an increase of $1,260,524,000

8 and a rescission of $41,886,500 from local funds appro9 priated under this heading in prior fiscal years, and an

10 additional $1,260,524,000 of which $929,450,000 is from

11 local funds, $54,050,000 is from the highway trust fund,

12 and $277,024,000 is from Federal funds), to remain avail13 able until expended: Provided, That funds for use of each

14 capital project implementing agency shall be managed and

15 controlled in accordance with all procedures and limita16 tions established under the Financial Management Sys17 tem: Provided further, That all funds provided by this ap18 propriation title shall be available only for the specific

19 projects and purposes intended: Provided further, That

20 notwithstanding the foregoing, all authorizations for cap21 ital outlay projects, except those projects covered by the

22 first sentence of section 23(a) of the Federal-Aid Highway

23 Act of 1968, approved August 23, 1968 (82 Stat. 827;

24 Public Law 90–495; D.C. Code, sec. 7–134, note), for

25 which funds are provided by this appropriation title, shall
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1 expire on September 30, 2001, except authorizations for

2 projects as to which funds have been obligated in whole

3 or in part prior to September 30, 2001: Provided further,

4 That, upon expiration of any such project authorization,

5 the funds provided herein for the project shall lapse.

6 GENERAL PROVISIONS

7 SECTION 101. The expenditure of any appropriation

8 under this Act for any consulting service through procure9 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

10 to those contracts where such expenditures are a matter

11 of public record and available for public inspection, except

12 where otherwise provided under existing law, or under ex13 isting Executive Order issued pursuant to existing law.

14 SEC. 102. Except as otherwise provided in this Act,

15 all vouchers covering expenditures of appropriations con16 tained in this Act shall be audited before payment by the

17 designated certifying official, and the vouchers as ap18 proved shall be paid by checks issued by the designated

19 disbursing official.

20 SEC. 103. Whenever in this Act an amount is speci21 fied within an appropriation for particular purposes or ob22 jects of expenditure, such amount, unless otherwise speci23 fied, shall be considered as the maximum amount that

24 may be expended for said purpose or object rather than

25 an amount set apart exclusively therefor.
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1 SEC. 104. Appropriations in this Act shall be avail2 able, when authorized by the Mayor, for allowances for

3 privately owned automobiles and motorcycles used for the

4 performance of official duties at rates established by the

5 Mayor: Provided, That such rates shall not exceed the

6 maximum prevailing rates for such vehicles as prescribed

7 in the Federal Property Management Regulations 101–7

8 (Federal Travel Regulations).

9 SEC. 105. Appropriations in this Act shall be avail10 able for expenses of travel and for the payment of dues

11 of organizations concerned with the work of the District

12 of Columbia government, when authorized by the Mayor:

13 Provided, That, in the case of the Council of the District

14 of Columbia, funds may be expended with the authoriza15 tion of the chair of the Council.

16 SEC. 106. There are appropriated from the applicable

17 funds of the District of Columbia such sums as may be

18 necessary for making refunds and for the payment of

19 judgments that have been entered against the District of

20 Columbia government: Provided, That nothing contained

21 in this section shall be construed as modifying or affecting

22 the provisions of section 11(c)(3) of title XII of the Dis23 trict of Columbia Income and Franchise Tax Act of 1947,

24 approved March 31, 1956 (70 Stat. 78; Public Law 84–

25 460; D.C. Code, sec. 47–1812.11(c)(3)).
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1 SEC. 107. Appropriations in this Act shall be avail2 able for the payment of public assistance without reference

3 to the requirement of section 544 of the District of Colum4 bia Public Assistance Act of 1982, effective April 6, 1982

5 (D.C. Law 4–101; D.C. Code, sec. 3–205.44), and for pay6 ment of the non-Federal share of funds necessary to qual7 ify for grants under subtitle A of title II of the Violent

8 Crime Control and Law Enforcement Act of 1994.

9 SEC. 108. No part of any appropriation contained in

10 this Act shall remain available for obligation beyond the

11 current fiscal year unless expressly so provided herein.

12 SEC. 109. No funds appropriated in this Act for the

13 District of Columbia government for the operation of edu14 cational institutions, the compensation of personnel, or for

15 other educational purposes may be used to permit, encour16 age, facilitate, or further partisan political activities.

17 Nothing herein is intended to prohibit the availability of

18 school buildings for the use of any community or partisan

19 political group during non-school hours.

20 SEC. 110. None of the funds appropriated in this Act

21 shall be made available to pay the salary of any employee

22 of the District of Columbia government whose name, title,

23 grade, salary, past work experience, and salary history are

24 not available for inspection by the House and Senate Com25 mittees on Appropriations, the Subcommittee on the Dis-
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1 trict of Columbia of the House Committee on Government

2 Reform, the Subcommittee on Oversight of Government

3 Management, Restructuring and the District of Columbia

4 of the Senate Committee on Governmental Affairs, and

5 the Council of the District of Columbia, or their duly au6 thorized representative.

7 SEC. 111. There are appropriated from the applicable

8 funds of the District of Columbia such sums as may be

9 necessary for making payments authorized by the District

10 of Columbia Revenue Recovery Act of 1977, effective Sep11 tember 23, 1977 (D.C. Law 2–20; D.C. Code, sec. 47–

12 421 et seq.).

13 SEC. 112. No part of this appropriation shall be used

14 for publicity or propaganda purposes or implementation

15 of any policy including boycott designed to support or de16 feat legislation pending before Congress or any State legis17 lature.

18 SEC. 113. At the start of the fiscal year, the Mayor

19 shall develop an annual plan, by quarter and by project,

20 for capital outlay borrowings: Provided, That within a rea21 sonable time after the close of each quarter, the Mayor

22 shall report to the Council of the District of Columbia and

23 the Congress the actual borrowings and spending progress

24 compared with projections.
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1 SEC. 114. The Mayor shall not borrow any funds for

2 capital projects unless the Mayor has obtained prior ap3 proval from the Council of the District of Columbia, by

4 resolution, identifying the projects and amounts to be fi5 nanced with such borrowings.

6 SEC. 115. The Mayor shall not expend any moneys

7 borrowed for capital projects for the operating expenses

8 of the District of Columbia government.

9 SEC. 116. None of the funds provided under this Act

10 to the agencies funded by this Act, both Federal and Dis11 trict government agencies, that remain available for obli12 gation or expenditure in fiscal year 2000, or provided from

13 any accounts in the Treasury of the United States derived

14 by the collection of fees available to the agencies funded

15 by this Act, shall be available for obligation or expenditure

16 for an agency through a reprogramming of funds which:

17 (1) creates new programs; (2) eliminates a program,

18 project, or responsibility center; (3) establishes or changes

19 allocations specifically denied, limited or increased by Con20 gress in the Act; (4) increases funds or personnel by any

21 means for any program, project, or responsibility center

22 for which funds have been denied or restricted; (5) rees23 tablishes through reprogramming any program or project

24 previously deferred through reprogramming; (6) augments

25 existing programs, projects, or responsibility centers
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1 through a reprogramming of funds in excess of

2 $1,000,000 or 10 percent, whichever is less; or (7) in3 creases by 20 percent or more personnel assigned to a spe4 cific program, project, or responsibility center; unless the

5 Appropriations Committees of both the Senate and House

6 of Representatives are notified in writing 30 days in ad7 vance of any reprogramming as set forth in this section.

8 SEC. 117. None of the Federal funds provided in this

9 Act shall be obligated or expended to procure passenger

10 automobiles as defined in the Automobile Fuel Efficiency

11 Act of 1980, approved October 10, 1980 (94 Stat. 1824;

12 Public Law 96–425; 15 U.S.C. 2001(2)), with an Environ13 mental Protection Agency estimated miles per gallon aver14 age of less than 22 miles per gallon: Provided, That this

15 section shall not apply to security, emergency rescue, or

16 armored vehicles.

17 SEC. 118. (a) Strike the last sentence of section

18 422(7) of the District of Columbia Home Rule Act, ap19 proved December 24, 1973 (87 Stat. 790; Public Law 93–

20 198; D.C. Code, sec. 1–242(7)).

21 (b) Notwithstanding section 4(a) of the District of

22 Columbia Redevelopment Act of 1945, approved August

23 2, 1946 (60 Stat. 793; Public Law 79–592; D.C. Code,

24 sec. 5–803(a)), the Board of Directors of the District of

25 Columbia Redevelopment Land Agency shall be paid, dur-
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1 ing any fiscal year, per diem compensation at a rate estab2 lished by the Mayor.

3 SEC. 119. Notwithstanding any other provisions of

4 law, the provisions of the District of Columbia Govern5 ment Comprehensive Merit Personnel Act of 1978, effec6 tive March 3, 1979 (D.C. Law 2–139; D.C. Code, sec. 1–

7 601.1 et seq.), enacted pursuant to section 422(3) of the

8 District of Columbia Home Rule Act, approved December

9 24, 1973 (87 Stat. 790; Public Law 93–198; D.C. Code,

10 sec. 1–242(3)), shall apply with respect to the compensa11 tion of District of Columbia employees: Provided, That for

12 pay purposes, employees of the District of Columbia gov13 ernment shall not be subject to the provisions of title 5,

14 United States Code.

15 SEC. 120. No later than 30 days after the end of the

16 first quarter of the fiscal year ending September 30, 2000,

17 the Mayor of the District of Columbia shall submit to the

18 Council of the District of Columbia the new fiscal year

19 2000 revenue estimates as of the end of the first quarter

20 of fiscal year 2000. These estimates shall be used in the

21 budget request for the fiscal year ending September 30,

22 2001. The officially revised estimates at midyear shall be

23 used for the midyear report.

24 SEC. 121. No sole source contract with the District

25 of Columbia government or any agency thereof may be re-
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1 newed or extended without opening that contract to the

2 competitive bidding process as set forth in section 303 of

3 the District of Columbia Procurement Practices Act of

4 1985, effective February 21, 1986 (D.C. Law 6–85; D.C.

5 Code, sec. 1–1183.3), except that the District of Columbia

6 government or any agency thereof may renew or extend

7 sole source contracts for which competition is not feasible

8 or practical: Provided, That the determination as to

9 whether to invoke the competitive bidding process has

10 been made in accordance with duly promulgated rules and

11 procedures and said determination has been reviewed and

12 approved by the District of Columbia Financial Responsi13 bility and Management Assistance Authority.

14 SEC. 122. For purposes of the Balanced Budget and

15 Emergency Deficit Control Act of 1985, as amended, the

16 term ‘‘program, project, and activity’’ shall be synonymous

17 with and refer specifically to each account appropriating

18 Federal funds in this Act, and any sequestration order

19 shall be applied to each of the accounts rather than to

20 the aggregate total of those accounts: Provided, That se21 questration orders shall not be applied to any account that

22 is specifically exempted from sequestration by the Bal23 anced Budget and Emergency Deficit Control Act of 1985.

24 SEC. 123. In the event a sequestration order is issued

25 pursuant to the Balanced Budget and Emergency Deficit
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1 Control Act of 1985, as amended, after the amounts ap2 propriated to the District of Columbia for the fiscal year

3 involved have been paid to the District of Columbia, the

4 Mayor of the District of Columbia shall pay to the Sec5 retary of the Treasury, within 15 days after receipt of a

6 request therefor from the Secretary of the Treasury, such

7 amounts as are sequestered by the order: Provided, That

8 the sequestration percentage specified in the order shall

9 be applied proportionately to each of the Federal appro10 priation accounts in this Act that are not specifically ex11 empted from sequestration by such Act.

12 SEC. 124. (a) An entity of the District of Columbia

13 government may accept and use a gift or donation during

14 fiscal year 2000 if—

15 (1) the Mayor approves the acceptance and use

16 of the gift or donation: Provided, That the Council

17 of the District of Columbia may accept and use gifts

18 without prior approval by the Mayor; and

19 (2) the entity uses the gift or donation to carry

20 out its authorized functions or duties.

21 (b) Each entity of the District of Columbia govern22 ment shall keep accurate and detailed records of the ac23 ceptance and use of any gift or donation under subsection

24 (a) of this section, and shall make such records available

25 for audit and public inspection.
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1 (c) For the purposes of this section, the term ‘‘entity

2 of the District of Columbia government’’ includes an inde3 pendent agency of the District of Columbia.

4 (d) This section shall not apply to the District of Co5 lumbia Board of Education, which may, pursuant to the

6 laws and regulations of the District of Columbia, accept

7 and use gifts to the public schools without prior approval

8 by the Mayor.

9 SEC. 125. None of the Federal funds provided in this

10 Act may be used by the District of Columbia to provide

11 for salaries, expenses, or other costs associated with the

12 offices of United States Senator or United States Rep13 resentative under section 4(d) of the District of Columbia

14 Statehood Constitutional Convention Initiatives of 1979,

15 effective March 10, 1981 (D.C. Law 3–171; D.C. Code,

16 sec. 1–113(d)).

17 SEC. 126. (a) The University of the District of Co18 lumbia shall submit to the Mayor, the District of Columbia

19 Financial Responsibility and Management Assistance Au20 thority, and the Council of the District of Columbia no

21 later than 15 calendar days after the end of each quarter

22 a report that sets forth—

23 (1) current quarter expenditures and obliga24 tions, year-to-date expenditures and obligations, and

25 total fiscal year expenditure projections versus budg-
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1 et, broken out on the basis of control center, respon2 sibility center, and object class, and for all funds,

3 non-appropriated funds, and capital financing;

4 (2) a list of each account for which spending is

5 frozen and the amount of funds frozen, broken out

6 by control center, responsibility center, detailed ob7 ject, and for all funding sources;

8 (3) a list of all active contracts in excess of

9 $10,000 annually, which contains the name of each

10 contractor; the budget to which the contract is

11 charged, broken out on the basis of control center

12 and responsibility center, and contract identifying

13 codes used by the University of the District of Co14 lumbia; payments made in the last quarter and year15 to-date, the total amount of the contract and total

16 payments made for the contract and any modifica17 tions, extensions, renewals; and specific modifica18 tions made to each contract in the last month;

19 (4) all reprogramming requests and reports

20 that have been made by the University of the Dis21 trict of Columbia within the last quarter in compli22 ance with applicable law; and

23 (5) changes made in the last quarter to the or24 ganizational structure of the University of the Dis25 trict of Columbia, displaying previous and current
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1 control centers and responsibility centers, the names

2 of the organizational entities that have been

3 changed, the name of the staff member supervising

4 each entity affected, and the reasons for the struc5 tural change.

6 (b) The Mayor, the Authority, and the Council shall

7 provide the Congress by February 1, 2000, a summary,

8 analysis, and recommendations on the information pro9 vided in the quarterly reports.

10 SEC. 127. Funds authorized or previously appro11 priated to the government of the District of Columbia by

12 this or any other Act to procure the necessary hardware

13 and installation of new software, conversion, testing, and

14 training to improve or replace its financial management

15 system are also available for the acquisition of accounting

16 and financial management services and the leasing of nec17 essary hardware, software or any other related goods or

18 services, as determined by the District of Columbia Finan19 cial Responsibility and Management Assistance Authority.

20 SEC. 128. None of the funds contained in this Act

21 may be made available to pay the fees of an attorney who

22 represents a party who prevails in an action, including an

23 administrative proceeding, brought against the District of

24 Columbia Public Schools under the Individuals with Dis25 abilities Education Act (20 U.S.C. 1400 et seq.) if—
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1 (1) the hourly rate of compensation of the at2 torney exceeds the hourly rate of compensation

3 under section 11–2604(a), District of Columbia

4 Code; or

5 (2) the maximum amount of compensation of

6 the attorney exceeds the maximum amount of com7 pensation under section 11–2604(b)(1), District of

8 Columbia Code, except that compensation and reim9 bursement in excess of such maximum may be ap10 proved for extended or complex representation in ac11 cordance with section 11–2604(c), District of Co12 lumbia Code.

13 SEC. 129. None of the funds appropriated under this

14 Act shall be expended for any abortion except where the

15 life of the mother would be endangered if the fetus were

16 carried to term or where the pregnancy is the result of

17 an act of rape or incest.

18 SEC. 130. None of the funds made available in this

19 Act may be used to implement or enforce the Health Care

20 Benefits Expansion Act of 1992 (D.C. Law 9–114; D.C.

21 Code, sec. 36–1401 et seq.) or to otherwise implement or

22 enforce any system of registration of unmarried, cohab23 iting couples (whether homosexual, heterosexual, or les24 bian), including but not limited to registration for the pur25 pose of extending employment, health, or governmental
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1 benefits to such couples on the same basis that such bene2 fits are extended to legally married couples.

3 SEC. 131. The Superintendent of the District of Co4 lumbia Public Schools shall submit to the Congress, the

5 Mayor, the District of Columbia Financial Responsibility

6 and Management Assistance Authority, and the Council

7 of the District of Columbia no later than 15 calendar days

8 after the end of each quarter a report that sets forth—

9 (1) current quarter expenditures and obliga10 tions, year-to-date expenditures and obligations, and

11 total fiscal year expenditure projections versus budg12 et, broken out on the basis of control center, respon13 sibility center, agency reporting code, and object

14 class, and for all funds, including capital financing;

15 (2) a list of each account for which spending is

16 frozen and the amount of funds frozen, broken out

17 by control center, responsibility center, detailed ob18 ject, and agency reporting code, and for all funding

19 sources;

20 (3) a list of all active contracts in excess of

21 $10,000 annually, which contains the name of each

22 contractor; the budget to which the contract is

23 charged, broken out on the basis of control center,

24 responsibility center, and agency reporting code; and

25 contract identifying codes used by the District of Co-
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1 lumbia Public Schools; payments made in the last

2 quarter and year-to-date, the total amount of the

3 contract and total payments made for the contract

4 and any modifications, extensions, renewals; and

5 specific modifications made to each contract in the

6 last month;

7 (4) all reprogramming requests and reports

8 that are required to be, and have been, submitted to

9 the Board of Education; and

10 (5) changes made in the last quarter to the or11 ganizational structure of the D.C. Public Schools,

12 displaying previous and current control centers and

13 responsibility centers, the names of the organiza14 tional entities that have been changed, the name of

15 the staff member supervising each entity affected,

16 and the reasons for the structural change.

17 SEC. 132. (a) IN GENERAL.—The Superintendent of

18 the District of Columbia Public Schools and the University

19 of the District of Columbia shall annually compile an accu20 rate and verifiable report on the positions and employees

21 in the public school system and the university, respec22 tively. The annual report shall set forth—

23 (1) the number of validated schedule A posi24 tions in the District of Columbia public schools and

25 the University of the District of Columbia for fiscal
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1 year 1999, fiscal year 2000, and thereafter on full2 time equivalent basis, including a compilation of all

3 positions by control center, responsibility center,

4 funding source, position type, position title, pay

5 plan, grade, and annual salary; and

6 (2) a compilation of all employees in the Dis7 trict of Columbia public schools and the University

8 of the District of Columbia as of the preceding De9 cember 31, verified as to its accuracy in accordance

10 with the functions that each employee actually per11 forms, by control center, responsibility center, agen12 cy reporting code, program (including funding

13 source), activity, location for accounting purposes,

14 job title, grade and classification, annual salary, and

15 position control number.

16 (b) SUBMISSION.—The annual report required by

17 subsection (a) of this section shall be submitted to the

18 Congress, the Mayor, the District of Columbia Council,

19 the Consensus Commission, and the Authority, not later

20 than February 15 of each year.

21 SEC. 133. (a) No later than October 1, 1999, or with22 in 30 calendar days after the date of the enactment of

23 this Act, whichever occurs later, and each succeeding year,

24 the Superintendent of the District of Columbia Public

25 Schools and the University of the District of Columbia
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1 shall submit to the appropriate congressional committees,

2 the Mayor, the District of Columbia Council, the Con3 sensus Commission, and the District of Columbia Finan4 cial Responsibility and Management Assistance Authority,

5 a revised appropriated funds operating budget for the pub6 lic school system and the University of the District of Co7 lumbia for such fiscal year that is in the total amount

8 of the approved appropriation and that realigns budgeted

9 data for personal services and other-than-personal serv10 ices, respectively, with anticipated actual expenditures.

11 (b) The revised budget required by subsection (a) of

12 this section shall be submitted in the format of the budget

13 that the Superintendent of the District of Columbia Public

14 Schools and the University of the District of Columbia

15 submit to the Mayor of the District of Columbia for inclu16 sion in the Mayor’s budget submission to the Council of

17 the District of Columbia pursuant to section 442 of the

18 District of Columbia Home Rule Act, Public Law 93–198,

19 as amended (D.C. Code, sec. 47–301).

20 SEC. 134. The District of Columbia Financial Re21 sponsibility and Management Assistance Authority, acting

22 on behalf of the District of Columbia Public Schools

23 [DCPS] in formulating the DCPS budget, the Board of

24 Trustees of the University of the District of Columbia, the

25 Board of Library Trustees, and the Board of Governors
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1 of the University of the District of Columbia School of

2 Law shall vote on and approve the respective annual or

3 revised budgets for such entities before submission to the

4 Mayor of the District of Columbia for inclusion in the

5 Mayor’s budget submission to the Council of the District

6 of Columbia in accordance with section 442 of the District

7 of Columbia Home Rule Act, Public Law 93–198, as

8 amended (D.C. Code, sec. 47–301), or before submitting

9 their respective budgets directly to the Council.

10 SEC. 135. (a) CEILING ON TOTAL OPERATING EX11 PENSES.—

12 (1) IN GENERAL.—Notwithstanding any other

13 provision of law, the total amount appropriated in

14 this Act for operating expenses for the District of

15 Columbia for fiscal year 2000 under the caption

16 ‘‘Division of Expenses’’ shall not exceed the lesser

17 of—

18 (A) the sum of the total revenues of the

19 District of Columbia for such fiscal year; or

20 (B) $5,486,829,000 (of which

21 $152,753,000 shall be from intra-District funds

22 and $3,108,304,000 shall be from local funds),

23 which amount may be increased by the fol24 lowing:
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1 (i) proceeds of one-time transactions, which are ex2 pended for emergency or unanticipated operating or cap3 ital needs approved by the District of Columbia Financial

4 Responsibility and Management Assistance Authority; or

5 (ii) after notification to the Council, additional ex6 penditures which the Chief Financial Officer of the Dis7 trict of Columbia certifies will produce additional revenues

8 during such fiscal year at least equal to 200 percent of

9 such additional expenditures, and that are approved by the

10 Authority.

11 (2) ENFORCEMENT.—The Chief Financial Offi12 cer of the District of Columbia and the Authority

13 shall take such steps as are necessary to assure that

14 the District of Columbia meets the requirements of

15 this section, including the apportioning by the Chief

16 Financial Officer of the appropriations and funds

17 made available to the District during fiscal year

18 2000, except that the Chief Financial Officer may

19 not reprogram for operating expenses any funds de20 rived from bonds, notes, or other obligations issued

21 for capital projects.

22 (b) ACCEPTANCE AND USE OF GRANTS NOT IN23 CLUDED IN CEILING.—

24 (1) IN GENERAL.—Notwithstanding subsection

25 (a), the Mayor, in consultation with the Chief Finan-
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1 cial Officer, during a control year, as defined in sec2 tion 305(4) of the District of Columbia Financial

3 Responsibility and Management Assistance Act of

4 1995, approved April 17, 1995 (Public Law 104–8;

5 109 Stat. 152), may accept, obligate, and expend

6 Federal, private, and other grants received by the

7 District government that are not reflected in the

8 amounts appropriated in this Act.

9 (2) REQUIREMENT OF CHIEF FINANCIAL OFFI10 CER REPORT AND AUTHORITY APPROVAL.—No such

11 Federal, private, or other grant may be accepted, ob12 ligated, or expended pursuant to paragraph (1)

13 until—

14 (A) the Chief Financial Officer of the Dis15 trict of Columbia submits to the Authority a re16 port setting forth detailed information regard17 ing such grant; and

18 (B) the Authority has reviewed and ap19 proved the acceptance, obligation, and expendi20 ture of such grant in accordance with review

21 and approval procedures consistent with the

22 provisions of the District of Columbia Financial

23 Responsibility and Management Assistance Act

24 of 1995.
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1 (3) PROHIBITION ON SPENDING IN ANTICIPA2 TION OF APPROVAL OR RECEIPT.—No amount may

3 be obligated or expended from the general fund or

4 other funds of the District government in anticipa5 tion of the approval or receipt of a grant under

6 paragraph (2)(B) of this subsection or in anticipa7 tion of the approval or receipt of a Federal, private,

8 or other grant not subject to such paragraph.

9 (4) QUARTERLY REPORTS.—The Chief Finan10 cial Officer of the District of Columbia shall prepare

11 a quarterly report setting forth detailed information

12 regarding all Federal, private, and other grants sub13 ject to this subsection. Each such report shall be

14 submitted to the Council of the District of Columbia,

15 and to the Committees on Appropriations of the

16 House of Representatives and the Senate, not later

17 than 15 days after the end of the quarter covered

18 by the report.

19 (c) REPORT ON EXPENDITURES BY FINANCIAL RE20 SPONSIBILITY AND MANAGEMENT ASSISTANCE AUTHOR21 ITY.—Not later than 20 calendar days after the end of

22 each fiscal quarter starting October 1, 1999, the Authority

23 shall submit a report to the Committees on Appropriations

24 of the House of Representatives and the Senate, the Com25 mittee on Government Reform of the House, and the Com-
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1 mittee on Governmental Affairs of the Senate providing

2 an itemized accounting of all non-appropriated funds obli3 gated or expended by the Authority for the quarter. The

4 report shall include information on the date, amount, pur5 pose, and vendor name, and a description of the services

6 or goods provided with respect to the expenditures of such

7 funds.

8 SEC. 136. If a department or agency of the govern9 ment of the District of Columbia is under the administra10 tion of a court-appointed receiver or other court-appointed

11 official during fiscal year 2000 or any succeeding fiscal

12 year, the receiver or official shall prepare and submit to

13 the Mayor, for inclusion in the annual budget of the Dis14 trict of Columbia for the year, annual estimates of the

15 expenditures and appropriations necessary for the mainte16 nance and operation of the department or agency. All such

17 estimates shall be forwarded by the Mayor to the Council,

18 for its action pursuant to sections 446 and 603(c) of the

19 District of Columbia Home Rule Act, without revision but

20 subject to the Mayor’s recommendations. Notwithstanding

21 any provision of the District of Columbia Home Rule Act,

22 approved December 24, 1973 (87 Stat. 790; Public Law

23 93–198; D.C. Code, sec. 1–101 et seq.), the Council may

24 comment or make recommendations concerning such an-
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1 nual estimates but shall have no authority under such Act

2 to revise such estimates.

3 SEC. 137. (a) Notwithstanding any other provision

4 of law, rule, or regulation, an employee of the District of

5 Columbia public schools shall be—

6 (1) classified as an Educational Service em7 ployee;

8 (2) placed under the personnel authority of the

9 Board of Education; and

10 (3) subject to all Board of Education rules.

11 (b) School-based personnel shall constitute a separate

12 competitive area from nonschool-based personnel who shall

13 not compete with school-based personnel for retention pur14 poses.

15 SEC. 138. (a) Except as otherwise provided in this

16 section, none of the funds made available by this Act or

17 by any other Act may be used to provide any officer or

18 employee of the District of Columbia with an official vehi19 cle unless the officer or employee uses the vehicle only in

20 the performance of the officer’s or employee’s official du21 ties. For purposes of this paragraph, the term ‘‘official

22 duties’’ does not include travel between the officer’s or em23 ployee’s residence and workplace (except: (1) in the case

24 of an officer or employee of the Metropolitan Police De25 partment who resides in the District of Columbia or is
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1 otherwise designated by the Chief of the Department; (2)

2 at the discretion of the Fire Chief, an officer or employee

3 of the D.C. Fire and Emergency Ambulance Department

4 who resides in the District of Columbia and is on call 24

5 hours a day; (3) the Mayor of the District of Columbia;

6 and (4) the Chairman of the Council of the District of

7 Columbia).

8 (b) The Mayor of the District of Columbia shall sub9 mit, by November 15, 1999, an inventory, as of September

10 30, 1999, of all vehicles owned, leased or operated by the

11 District of Columbia government. The inventory shall in12 clude, but not be limited to, the department to which the

13 vehicle is assigned; the year and make of the vehicle; the

14 acquisition date and cost; the general condition of the ve15 hicle; annual operating and maintenance costs; current

16 mileage; and whether the vehicle is allowed to be taken

17 home by a District officer or employee and if so, the officer

18 or employee’s title and resident location.

19 SEC. 139. (a) For purposes of determining the

20 amount of funds expended by any entity within the Dis21 trict of Columbia government during fiscal year 2000 and

22 each succeeding fiscal year, any expenditures of the Dis23 trict government attributable to any officer or employee

24 of the District government who provides services which are

25 within the authority and jurisdiction of the entity (includ-
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1 ing any portion of the compensation paid to the officer

2 or employee attributable to the time spent in providing

3 such services) shall be treated as expenditures made from

4 the entity’s budget, without regard to whether the officer

5 or employee is assigned to the entity or otherwise treated

6 as an officer or employee of the entity.

7 (b) The District of Columbia Government Com8 prehensive Merit Personnel Act of 1978 (D.C. Code, sec.

9 1–601.1 et seq.), as amended, is further amended in sec10 tion 2408(a) by deleting ‘‘1999’’ and inserting, ‘‘2000’’;

11 in subsection (b), by deleting ‘‘1999’’ and inserting

12 ‘‘2000’’; in subsection (i), by deleting ‘‘1999’’ and insert13 ing, ‘‘2000’’; and in subsection (k), by deleting ‘‘1999’’

14 and inserting, ‘‘2000’’.

15 SEC. 140. Notwithstanding any other provision of

16 law, not later than 120 days after the date that a District

17 of Columbia Public Schools [DCPS] student is referred

18 for evaluation or assessment—

19 (1) the District of Columbia Board of Edu20 cation, or its successor, and DCPS shall assess or

21 evaluate a student who may have a disability and

22 who may require special education services; and

23 (2) if a student is classified as having a dis24 ability, as defined in section 101(a)(1) of the Indi25 viduals with Disabilities Education Act (84 Stat.
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1 175; 20 U.S.C. 1401(a)(1)) or in section 7(8) of the

2 Rehabilitation Act of 1973 (87 Stat. 359; 29 U.S.C.

3 706(8)), the Board and DCPS shall place that stu4 dent in an appropriate program of special education

5 services.

6 SEC. 141. Notwithstanding any provision of any Fed7 erally-granted charter or any other provision of law, begin8 ning with fiscal year 1999 and for each fiscal year there9 after, the real property of the National Education Associa10 tion located in the District of Columbia shall be subject

11 to taxation by the District of Columbia in the same man12 ner as any similar organization.

13 SEC. 142. None of the funds contained in this Act

14 may be used for purposes of the annual independent audit

15 of the District of Columbia government (including the Dis16 trict of Columbia Financial Responsibility and Manage17 ment Assistance Authority) for fiscal year 2000 unless—

18 (1) the audit is conducted by the Inspector

19 General of the District of Columbia pursuant to sec20 tion 208(a)(4) of the District of Columbia Procure21 ment Practices Act of 1985 (D.C. Code, sec. 1–

22 1182.8(a)(4)); and

23 (2) the audit includes a comparison of audited

24 actual year-end results with the revenues submitted
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1 in the budget document for such year and the appro2 priations enacted into law for such year.

3 SEC. 143. Nothing in this Act shall be construed to

4 authorize any office, agency or entity to expend funds for

5 programs or functions for which a reorganization plan is

6 required but has not been approved by the District of Co7 lumbia Financial Responsibility and Management Assist8 ance Authority. Appropriations made by this Act for such

9 programs or functions are conditioned only on the ap10 proval by the Authority of the required reorganization

11 plans.

12 SEC. 144. Notwithstanding any other provision of

13 law, rule, or regulation, the evaluation process and instru14 ments for evaluating District of Columbia Public Schools

15 employees shall be a non-negotiable item for collective bar16 gaining purposes.

17 SEC. 145. None of the funds contained in this Act

18 may be used by the District of Columbia Corporation

19 Counsel or any other officer or entity of the District gov20 ernment to provide assistance for any petition drive or civil

21 action which seeks to require Congress to provide for vot22 ing representation in Congress for the District of Colum23 bia.

24 SEC. 146. None of the funds contained in this Act

25 may be used after April 1, 2000, to transfer or confine
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1 inmates classified above the medium security level, as de2 fined by the Federal Bureau of Prisons classification in3 strument, to the Northeast Ohio Correctional Center lo4 cated in Youngstown, Ohio.

5 SEC. 147. (a) No later than November 1, 1999, or

6 within 30 calendar days after the date of the enactment

7 of this Act, whichever occurs later, the Chief Financial Of8 ficer shall submit to the appropriate committees of Con9 gress, the Mayor, and the District of Columbia Financial

10 Responsibility and Management Assistance Authority a

11 revised appropriated funds operating budget for all agen12 cies of the District of Columbia government for such fiscal

13 year that is in the total amount of the approved appropria14 tion and that realigns budgeted data for personal services

15 and other-than-personal-services, respectively, with antici16 pated actual expenditures.

17 (b) The revised budget required by subsection (a) of

18 this section shall be submitted in the format of the budget

19 that the District of Columbia government submitted pur20 suant to section 442 of the District of Columbia Home

21 Rule Act, Public Law 93–198, as amended (D.C. Code,

22 sec. 47–301).

23 SEC. 148. (a) Section 202(i) of the District of Colum24 bia Financial Responsibility and Management Assistance
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1 Act of 1995 (Public Law 104–8) is amended to read as

2 follows:

3 ‘‘(i) RESERVE.—

4 ‘‘(1) IN GENERAL.—Beginning with fiscal year

5 2000, the plan or budget submitted pursuant to this

6 Act shall contain $150,000,000 for a reserve to be

7 established by the Mayor, Council of the District of

8 Columbia, Chief Financial Officer for the District of

9 Columbia, and the District of Columbia Financial

10 Responsibility and Management Assistance Author11 ity.

12 ‘‘(2) CONDITIONS ON USE.—The reserve

13 funds—

14 ‘‘(A) shall only be expended according to

15 criteria established by the Chief Financial Offi16 cer and approved by the Mayor, Council of the

17 District of Columbia, and District of Columbia

18 Financial Responsibility and Management As19 sistance Authority, but, in no case may any of

20 the reserve funds be expended until any other

21 surplus funds have been used;

22 ‘‘(B) shall not be used to fund the agencies

23 of the District of Columbia government under

24 court ordered receivership; and
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1 ‘‘(C) shall not be used to fund shortfalls in

2 the projected reductions budgeted in the budget

3 proposed by the District of Columbia govern4 ment for general supply schedule savings and

5 management reform savings.

6 ‘‘(3) REPORT REQUIREMENT.—The Authority

7 shall notify the Appropriations Committees of both

8 the Senate and House of Representatives in writing

9 30 days in advance of any expenditure of the reserve

10 funds.’’.

11 (b) Section 202 of the District of Columbia Financial

12 Responsibility and Management Assistance Act of 1995

13 (Public Law 104–8) is amended by adding at the end the

14 following:

15 ‘‘(j) POSITIVE FUND BALANCE.—

16 ‘‘(1) IN GENERAL.—The District of Columbia

17 shall maintain at the end of a fiscal year an annual

18 positive fund balance in the general fund of not less

19 than 4 percent of the projected general fund expend20 itures for the following fiscal year.

21 ‘‘(2) EXCESS FUNDS.—Of funds remaining in

22 excess of the amounts required by paragraph (1)—

23 ‘‘(A) not more than 50 percent may be

24 used for authorized non-recurring expenses; and
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1 ‘‘(B) not less than 50 percent shall be used

2 to reduce the debt of the District of Colum3 bia.’’.

4 SEC. 149. Notwithstanding any other provision of

5 law, funds provided by section 131 of Division A of Public

6 Law 105–277 (112 Stat. 2681–552) may also be used by

7 the Mayor, in consultation with the Council of the District

8 of Columbia and the National Capital Revitalization Cor9 poration, for the purposes of providing offsets against

10 local taxes for commercial revitalization in empowerment

11 zones and low and moderate income areas.

12 This Act may be cited as the ‘‘District of Columbia

13 Appropriations Act, 2000’’.
Calendar No. 170

106TH CONGRESS

1ST SESSION S. 1283

[Report No. 106–88]

A BILL

Making appropriations for the government of the

30, 2000, and for other purposes.said District for the fiscal year ending Septemberable in whole or in part against the revenues ofDistrict of Columbia and other activities chargeJUNE 24, 1999

Read twice and placed on the calendar