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[House Report 106-790]
[From the U.S. Government Publishing Office]

106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-790

======================================================================

 
  PROVIDING FOR THE CONSIDERATION OF H.R. 4942, DISTRICT OF COLUMBIA 
                        APPROPRIATIONS ACT, 2001

                                _______
                                

   July 25, 2000.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

    Mr. Linder, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 563]

    The Committee on Rules, having had under consideration 
House Resolution 563, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                Summary of Provisions of the Resolution

    The resolution provides for the consideration of H.R. 4942, 
the District of Columbia Appropriations Act, 2001, under a 
modified open rule. The rule provides one hour of general 
debate divided equally between the chairman and ranking 
minority member of the Committee on Appropriations.
    The rule waives all points of order against consideration 
of the bill. The rule further waives clause 2 of rule XXI 
(prohibiting unauthorized appropriations, legislative 
provisions or reappropriations in a general appropriation bill) 
against provisions in the bill, except as otherwise specified 
in the rule.
    The rule makes in order only those amendments that have 
been pre-printed in the Congressional Record and the amendments 
printed in this report.
    The rule further waives all points of order against the 
amendments printed in this report, which shall be offered only 
by a Member designated in this report, and only at the 
appropriate point in the reading of the bill, shall be 
considered as read, shall be debatable for the time specified 
in this report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment and shall 
not be subject to a demand for a division of the question in 
the House or in the Committee of theWhole.
    The rule allows the Chairman of the Committee of the Whole 
to postpone votes during consideration of the bill, and to 
reduce voting time to five minutes on a postponed question if 
the vote follows a fifteen minute vote. Finally, the rule 
provides one motion to recommit with or without instructions.
    The waiver of all points of order against consideration of 
the bill includes a waiver of clause 4 of rule XIII (requiring 
a three-day layover of the committee report) because the report 
was not filed until Tuesday, July 25, and the bill may be 
considered on the floor as early as Wednesday, July 26. The 
waiver of clause 2 of rule XXI against provisions in the bill 
is necessary because there are several unauthorized 
appropriations and legislative provisions in the bill, which 
are listed in the report accompanying H.R. 4942.

 summary of amendments made in order under the rule to accompany h.r. 
          4942--district of columbia appropriations act, 2001

    Istook: Strikes the paragraph that appropriates $100,000 
for a study analyzing the District's tax structure, and uses 
the $100,000 to increase the direct appropriation for Metrorail 
construction (from $7,000,000 to $7,100,000) and reduces the 
amount to be derived by transfer (from $18,000,000 to 
$17,900,000). (10 Minutes)
    Souder: Prohibits the use of federal funds to finance 
needle-exchange programs in the District of Columbia and is 
consistent with the language passed in last year's District of 
Columbia Appropriations Act. (10 Minutes)
    Bilbray: Prohibits possession of tobacco products by any 
individual under the age of 18 years in the District of 
Columbia unless the individual is making a delivery of 
cigarettes or tobacco as part of his or her employment or is 
participating in a supervised law enforcement operation. 
Provides optional sentencing recommendations for violations. 
(10 Minutes)
    Tiahrt: Prevents the exchange of needles within 1000 feet 
of schools, day care centers, playgrounds, public housing and 
other areas which are gathering places for children. (10 
Minutes)

1. An Amendment To Be Offered by Representative Istook of Oklahoma, or 
                  a Designee, Debatable for 10 Minutes

    Strike the item relating to ``Tax Reform in the District''.
    In the item relating to ``Metrorail Construction (included 
transfer of funds)'', strike ``$7,000,000'' and insert 
``$7,100,000''.
    In the item relating to ``Metrorail Construction (including 
transfer of funds)'', strike ``$18,000,000'' and insert 
``$17,900,000''.
                              ----------                              

2. An Amendment To Be Offerred by Representative Souder of Indiana, or 
                  a Designee, Debatable for 10 Minutes

    In section 150, strike ``Federal''.
                              ----------                              

3. An Amendment To Be Offered by Representative Bilbray of California, 
                or a Designee, Debatable for 10 Minutes

  At the end of the bill, insert after the last section 
(preceding the short title) the following new section:

            banning possession of tobacco products by minors

  Sec. ____. (a) In General.--It shall be unlawful for any 
individual under 18 years of age to possess any cigarette or 
other tobacco product in the District of Columbia.
  (b) Exceptions.--
          (1) Possession in course of employment.--Subsection 
        (a) shall not apply with respect to an individual 
        making a delivery of cigarettes or tobacco products in 
        pursuance of employment.
          (2) Participation in law enforcement operation.--
        Subsection (a) shall not apply with respect to an 
        individual possessing products in the course of a 
        valid, supervised law enforcement operation.
  (c) Penalties.--Any individual who violates subsection (a) 
shall be subject to the following penalties:
          (1) For any violation, the individual may be required 
        to perform community service or attend a tobacco 
        cessation program.
          (2) Upon the first violation, the individual shall be 
        subject to a civil penalty not to exceed $50.
          (3) Upon the second and each subsequent violation, 
        the individual shall be subject to a civil penalty not 
        to exceed $100.
          (4) Upon the third and each subsequent violation, the 
        individual may have his or her driving privileges in 
        the District of Columbia suspended for a period of 90 
        consecutive days.
  (d) Effective Date.--This section shall apply during fiscal 
year 2001 and each succeeding fiscal year.
                              ----------                              

4. An Amendment To Be Offered by Representative Tiahrt of Kansas, or a 
                   Designee, Debatable for 10 Minutes

  At the end of the bill, insert after the last section 
(preceding the short title) the following new section:
  Sec. ____. (a) No person may distribute any needle or syringe 
for the hypodermic injection of any illegal drug in any area of 
the District of Columbia which is within 1000 feet of a public 
or private day care center, elementary school, vocational 
school, secondary school, college, junior college, or 
university, or any public housing project, public swimming 
pool, park, playground, video arcade, or youth center, or an 
event sponsored by any such entity.
  (b) Whoever violates subsection (a) shall be fined not more 
than $500 for each needle or syringe distributed in violation 
of such subsection.
  (c) Notwithstanding any other provision of law, any amount 
collected by the District of Columbia pursuant to subsection 
(b) shall be deposited in a separate account of the General 
Fund of the District of Columbia and used exclusively to carry 
out (either directly or by contract) drug prevention or 
treatment programs. For purposes of this subsection, no program 
of distributing sterile needles or syringes for the hypodermic 
injection of any illegal drug may be considered a drug 
prevention or treatment program.

                                  
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