IB

106TH CONGRESS

2D SESSION H. R. 4942

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 27 (legislative day, SEPTEMBER 22), 2000

Ordered to be printed with the amendments of the Senate numbered

AN ACT

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, 2001, 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 Ω1æThat the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 District of Columbia for the fiscal year ending September

6 30, 2001, and for other purposes, namely:

7 FEDERAL FUNDS

8 FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

9 For a Federal payment to the District of Columbia

10 for a nationwide program to be administered by the Mayor
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1 for District of Columbia resident tuition support,

2 $14,000,000, to remain available until expended: Pro3 vided, That such funds may be used on behalf of eligible

4 District of Columbia residents to pay an amount based

5 upon the difference between in-State and out-of-State tui6 tion at public institutions of higher education, usable at

7 both public and private institutions for higher education:

8 Provided further, That the awarding of such funds may

9 be prioritized on the basis of a resident’s academic merit

10 and such other factors as may be authorized: Provided fur11 ther, That not more than 5 percent of the funds may be

12 used to pay administrative expenses.

13 FEDERAL PAYMENT FOR INCENTIVES FOR ADOPTION OF

14 CHILDREN

15 The paragraph under the heading ‘‘Federal Payment

16 for Incentives for Adoption of Children’’ in Public Law

17 106–113, approved November 29, 1999 (113 Stat. 1501),

18 is amended to read as follows: ‘‘For a Federal payment

19 to the District of Columbia to create incentives to promote

20 the adoption of children in the District of Columbia foster

21 care system, $5,000,000: Provided, That such funds shall

22 remain available until September 30, 2002, and shall be

23 used to carry out all of the provisions of title 38, except

24 for section 3808, of the Fiscal Year 2001 Budget Support

25 Act of 2000, D.C. Bill 13–679, enrolled June 12, 2000.
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1 FEDERAL PAYMENT TO THE CHIEF FINANCIAL OFFICER

2 OF THE DISTRICT OF COLUMBIA

3 For a Federal payment to the Chief Financial Officer

4 of the District of Columbia, $1,500,000, of which

5 $250,000 shall be for payment to a mentoring program

6 and for hotline services; $500,000 shall be for payment

7 to a youth development program with a character building

8 curriculum; $500,000 to remain available until expended,

9 shall be for the design, construction, and maintenance of

10 a trash rack system to be installed at the Hickey Run

11 stormwater outfall; and $250,000 shall be for payment to

12 support a program to assist homeless individuals to be13 come productive, taxpaying citizens in the District of Co14 lumbia.

15 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

16 CORRECTIONS TRUSTEE OPERATIONS

17 For salaries and expenses of the District of Columbia

18 Corrections Trustee, $134,300,000 for the administration

19 and operation of correctional facilities and for the admin20 istrative operating costs of the Office of the Corrections

21 Trustee, as authorized by section 11202 of the National

22 Capital Revitalization and Self-Government Improvement

23 Act of 1997 (Public Law 105–33; 111 Stat. 712) of which

24 $1,000,000 is to fund an initiative to improve case proc25 essing in the District of Columbia criminal justice system:
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1 Provided, That notwithstanding any other provision of

2 law, funds appropriated in this Act for the District of Co3 lumbia Corrections Trustee shall be apportioned quarterly

4 by the Office of Management and Budget and obligated

5 and expended in the same manner as funds appropriated

6 for salaries and expenses of other Federal agencies: Pro7 vided further, That in addition to the funds provided under

8 this heading, the District of Columbia Corrections Trustee

9 may use any remaining interest earned on the Federal

10 payment made to the Trustee under the District of Colum11 bia Appropriations Act, 1998, to carry out the activities

12 funded under this heading.

13 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

14 COURTS

15 For salaries and expenses for the District of Colum16 bia Courts, $99,500,000 to be allocated as follows: for the

17 District of Columbia Court of Appeals, $7,709,000; for the

18 District of Columbia Superior Court, $72,399,000; for the

19 District of Columbia Court System, $16,892,000; and

20 $2,500,000, to remain available until September 30, 2002,

21 for capital improvements for District of Columbia court22 house facilities: Provided, That none of the funds in this

23 Act or in any other Act shall be available for the purchase,

24 installation or operation of an Integrated Justice Informa25 tion System until a detailed plan and design has been sub-
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1 mitted by the courts and approved by the Committees on

2 Appropriations of the House of Representatives and the

3 Senate: Provided further, That notwithstanding any other

4 provision of law, all amounts under this heading shall be

5 apportioned quarterly by the Office of Management and

6 Budget and obligated and expended in the same manner

7 as funds appropriated for salaries and expenses of other

8 Federal agencies, with payroll and financial services to be

9 provided on a contractual basis with the General Services

10 Administration (GSA), said services to include the prepa11 ration of monthly financial reports, copies of which shall

12 be submitted directly by GSA to the President and to the

13 Committees on Appropriations of the Senate and House

14 of Representatives, the Committee on Governmental Af15 fairs of the Senate, and the Committee on Government

16 Reform of the House of Representatives:

17 DEFENDER SERVICES IN DISTRICT OF COLUMBIA

18 COURTS

19 For payments authorized under section 11–2604 and

20 section 11–2605, D.C. Code (relating to representation

21 provided under the District of Columbia Criminal Justice

22 Act), payments for counsel appointed in proceedings in the

23 Family Division of the Superior Court of the District of

24 Columbia under chapter 23 of title 16, D.C. Code, and

25 payments for counsel authorized under section 21–2060,
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1 D.C. Code (relating to representation provided under the

2 District of Columbia Guardianship, Protective Pro3 ceedings, and Durable Power of Attorney Act of 1986),

4 $34,387,000, to remain available until expended: Pro5 vided, That the funds provided in this Act under the head6 ing ‘‘Federal Payment to the District of Columbia Courts’’

7 (other than the $2,500,000 provided under such heading

8 for capital improvements for District of Columbia court9 house facilities) may also be used for payments under this

10 heading: Provided further, That in addition to the funds

11 provided under this heading, the Joint Committee on Ju12 dicial Administration in the District of Columbia shall use

13 funds provided in this Act under the heading ‘‘Federal

14 Payment to the District of Columbia Courts’’ (other than

15 the $2,500,000 provided under such heading for capital

16 improvements for District of Columbia courthouse facili17 ties), to make payments described under this heading for

18 obligations incurred during any fiscal year: Provided fur19 ther, That such funds shall be administered by the Joint

20 Committee on Judicial Administration in the District of

21 Columbia: Provided further, That notwithstanding any

22 other provision of law, this appropriation shall be appor23 tioned quarterly by the Office of Management and Budget

24 and obligated and expended in the same manner as funds

25 appropriated for expenses of other Federal agencies, with
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1 payroll and financial services to be provided on a contrac2 tual basis with the General Services Administration

3 (GSA), said services to include the preparation of monthly

4 financial reports, copies of which shall be submitted di5 rectly by GSA to the President and to the Committees

6 on Appropriations of the Senate and House of Representa7 tives, the Committee on Governmental Affairs of the Sen8 ate, and the Committee on Government Reform of the

9 House of Representatives: Provided further, That the Dis10 trict of Columbia Courts shall implement the recommenda11 tions in the General Accounting Office Report GAO/

12 AIMD/OGC–99–226 regarding payments to court-ap13 pointed attorneys and shall report to the Office of Man14 agement and Budget and to the House and Senate Appro15 priations Committees quarterly on the status of these re16 forms.

17 FEDERAL PAYMENT TO THE COURT SERVICES AND

18 OFFENDER SUPERVISION

19 AGENCY FOR THE DISTRICT OF COLUMBIA

20 (INCLUDING TRANSFER OF FUNDS)

21 For salaries and expenses of the Court Services and

22 Offender Supervision Agency for the District of Columbia,

23 as authorized by the National Capital Revitalization and

24 Self-Government Improvement Act of 1997, (Public Law

25 105–33; 111 Stat. 712) $115,752,000, of which
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1 $69,871,000 shall be for necessary expenses of Commu2 nity Supervision and Sex Offender Registration, to include

3 expenses relating to supervision of adults subject to pro4 tection orders or provision of services for or related to such

5 persons; $18,778,000 shall be transferred to the Public

6 Defender Service; and $27,103,000 shall be available to

7 the Pretrial Services Agency: Provided, That of the

8 amount provided under this heading, $22,161,000 shall be

9 used to improve pretrial defendant and post-conviction of10 fender supervision, enhance drug testing and sanctions11 based treatment programs and other treatment services,

12 expand intermediate sanctions and offender re-entry pro13 grams, continue planning and design proposals for a resi14 dential Sanctions Center and improve administrative in15 frastructure, including information technology; and

16 $836,000 of the $22,161,000 referred to in this proviso

17 is for the Public Defender Service: Provided further, That

18 notwithstanding any other provision of law, all amounts

19 under this heading shall be apportioned quarterly by the

20 Office of Management and Budget and obligated and ex21 pended in the same manner as funds appropriated for sal22 aries and expenses of other Federal agencies: Provided fur23 ther, That notwithstanding section 446 of the District of

24 Columbia Home Rule Act or any provision of subchapter

25 III of chapter 13 of title 31, United States Code, the use
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1 of interest earned on the Federal payment made to the

2 District of Columbia Offender Supervision, Defender, and

3 Court Services Agency under the District of Columbia Ap4 propriations Act, 1998, by the Agency during fiscal years

5 1998 and 1999 shall not constitute a violation of such Act

6 or such subchapter.

7 FEDERAL PAYMENT FOR WASHINGTON INTERFAITH

8 NETWORK

9 For a Federal payment to the Washington Interfaith

10 Network to reimburse the Network for costs incurred in

11 carrying out preconstruction activities at the former Fort

12 Dupont Dwellings and Additions, $1,000,000: Provided,

13 That such activities may include architectural and engi14 neering studies, property appraisals, environmental as15 sessments, grading and excavation, landscaping, paving,

16 and the installation of curbs, gutters, sidewalks, sewer

17 lines, and other utilities: Provided further, That the Sec18 retary of the Treasury shall make such payment only after

19 the Network has received matching funds from private

20 sources (including funds provided through loans) to carry

21 out such activities in an aggregate amount which is equal

22 to the amount of such payment (as certified by the Inspec23 tor General of the District of Columbia) and has provided

24 the Secretary of the Treasury with a request for reim25 bursement which contains documentation certified by the
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1 Inspector General of the District of Columbia showing

2 that the Network carried out the activities and that the

3 costs incurred in carrying out the activities were equal to

4 or less than the amount of the reimbursement requested:

5 Provided further, That none of the funds provided under

6 this heading may be obligated or expended after December

7 31, 2001 (without regard to whether the activities involved

8 were carried out prior to such date).

9 FEDERAL PAYMENT FOR SIMPLIFIED PERSONNEL

10 SYSTEM

11 For a Federal payment to the Mayor of the District

12 of Columbia to study and design a system approved by

13 the Comptroller General for simplifying the administration

14 of personnel policies (including pay policies) with respect

15 to employees of the District government, $250,000: Pro16 vided, That the Mayor shall carry out such study and de17 sign through a contractor approved by the Comptroller

18 General.

19 METRORAIL CONSTRUCTION

20 (INCLUDING TRANSFER OF FUNDS)

21 For a contribution to the Washington Metropolitan

22 Area Transit Authority for construction of a Metrorail sta23 tion located at New York and Florida Avenues, Northeast,

24 $25,000,000, to remain available until expended, of which

25 $7,100,000 is appropriated under this heading and
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1 $17,900,000 shall be transferred by the District of Colum2 bia Financial Responsibility and Management Assistance

3 Authority (DCFRMA) from interest earned on accounts

4 held by DCFRMA on behalf of the District of Columbia

5 government.

6 FEDERAL PAYMENT FOR NATIONAL MUSEUM OF

7 AMERICAN MUSIC

8 For a Federal payment to the Federal City Council

9 for the establishment of a National Museum of American

10 Music, $250,000, to remain available until expended: Pro11 vided, That such funds shall be used for the costs of activi12 ties necessary to complete the planning phase for such

13 Museum, including the costs of personnel, design projects,

14 environmental assessments, and the preparation of re15 quests for proposals: Provided further, That such funds

16 shall be deposited into a separate account of the Federal

17 City Council used exclusively for the establishment of such

18 Museum: Provided further, That the Secretary of the

19 Treasury shall make such payment only after the Federal

20 City Council has deposited matching donated funds from

21 private sources into the account in an aggregate amount

22 which is equal to 200 percent of the amount appropriated

23 herein (as certified by the Inspector General of the Dis24 trict of Columbia).
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1 PRESIDENTIAL INAUGURATION

2 For a payment to the District of Columbia to reim3 burse the District for expenses incurred in connection with

4 Presidential inauguration activities, $5,961,000, as au5 thorized by section 737(b) of the District of Columbia

6 Home Rule Act, approved December 24, 1973 (87 Stat.

7 824; D.C. Code, sec. 1–1132), which shall be apportioned

8 by the Chief Financial Officer within the various appro9 priation headings in this Act.

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: Provided, That notwithstanding

17 any other provision of law, except for section 136(a) of

18 this Act, the total amount appropriated in this Act for

19 operating expenses for the District of Columbia for fiscal

20 year 2001 under this heading shall not exceed the lesser

21 of the sum of the total revenues of the District of Colum22 bia for such fiscal year or $5,689,276,000 (of which

23 $192,804,000 shall be from intra-District funds and

24 $3,245,623,000 shall be from local funds): Provided fur25 ther, That the Chief Financial Officer of the District of
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1 Columbia and the District of Columbia Financial Respon2 sibility and Management Assistance Authority shall take

3 such steps as are necessary to assure that the District of

4 Columbia meets these requirements, including the appor5 tioning by the Chief Financial Officer of the appropria6 tions and funds made available to the District during fis7 cal year 2001, except that the Chief Financial Officer may

8 not reprogram for operating expenses any funds derived

9 from bonds, notes, or other obligations issued for capital

10 projects.

11 DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY

12 AND MANAGEMENT ASSISTANCE AUTHORITY

13 For the District of Columbia Financial Responsibility

14 and Management Assistance Authority, established by sec15 tion 101(a) of the District of Columbia Financial Respon16 sibility and Management Assistance Act of 1995 (109

17 Stat. 97; Public Law 104–8), $3,140,000 from local

18 funds: Provided, That none of the funds contained in this

19 Act may be used to pay any compensation of the Executive

20 Director or General Counsel of the Authority at a rate

21 in excess of the maximum rate of compensation which may

22 be paid to such individual during fiscal year 2001 under

23 section 102 of such Act, as determined by the Comptroller

24 General (as described in GAO letter report B–279095.2).
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1 GOVERNMENTAL DIRECTION AND SUPPORT

2 Governmental direction and support, $194,621,000

3 (including $161,022,000 from local funds, $20,424,000

4 from Federal funds, and $13,175,000 from other funds):

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

6 $2,500 for the Chairman of the Council of the District

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

8 be available from this appropriation for official purposes:

9 Provided further, That any program fees collected from the

10 issuance of debt shall be available for the payment of ex11 penses of the debt management program of the District

12 of Columbia: Provided further, That no revenues from

13 Federal sources shall be used to support the operations

14 or activities of the Statehood Commission and Statehood

15 Compact Commission: Provided further, That the District

16 of Columbia shall identify the sources of funding for Ad17 mission to Statehood from its own locally-generated reve18 nues: Provided further, That all employees permanently

19 assigned to work in the Office of the Mayor shall be paid

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

21 further, That notwithstanding any other provision of law,

22 or Mayor’s Order 86–45, issued March 18, 1986, the Of23 fice of the Chief Technology Officer’s delegated small pur24 chase authority shall be $500,000: Provided further, That

25 the District of Columbia government may not require the
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1 Office of the Chief Technology Officer to submit to any

2 other procurement review process, or to obtain the ap3 proval of or be restricted in any manner by any official

4 or employee of the District of Columbia government, for

5 purchases that do not exceed $500,000: Provided further,

6 That $303,000 and no fewer than 5 FTEs shall be avail7 able exclusively to support the Labor-Management Part8 nership Council: Provided further, That no funds except

9 those already encumbered shall be available for the

10 Maximus, Inc., revenue recovery services contract (Con11 tract GF 98104) until such time as the contract is renego12 tiated to require Maximus, Inc., to recover maximum rev13 enue first for Medicaid reimbursable special education

14 transportation costs, second for Medicaid reimbursable

15 special education residential placement costs, and third for

16 the Medicaid reimbursable costs of Mental Retardation

17 and Developmental Disabilities Administration clients.

18 ECONOMIC DEVELOPMENT AND REGULATION

19 Economic development and regulation, $205,638,000

20 (including $53,562,000 from local funds, $92,378,000

21 from Federal funds, and $59,698,000 from other funds),

22 of which $15,000,000 collected by the District of Colum23 bia in the form of BID tax revenue shall be paid to the

24 respective BIDs pursuant to the Business Improvement

25 Districts Act of 1996 (D.C. Law 11–134; D.C. Code, sec.
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1 1–2271 et seq.), and the Business Improvement Districts

2 Amendment Act of 1997 (D.C. Law 12–26): Provided,

3 That such funds are available for acquiring services pro4 vided by the General Services Administration: Provided

5 further, That Business Improvement Districts shall be ex6 empt from taxes levied by the District of Columbia.

7 PUBLIC SAFETY AND JUSTICE

8 Public safety and justice, including purchase or lease

9 of 135 passenger carrying vehicles for replacement only,

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

11 without regard to the general purchase price limitation for

12 the current fiscal year, and such sums as may be nec13 essary for making refunds and for the payment of judg14 ments that have been entered against the District of Co15 lumbia government $762,346,000 (including

16 $591,365,000 from local funds, $24,950,000 from Federal

17 funds, and $146,031,000 from other funds): Provided fur18 ther, That the Metropolitan Police Department is author19 ized to replace not to exceed 25 passenger carrying vehi20 cles and the Department of Fire and Emergency Medical

21 Services of the District of Columbia is authorized to re22 place not to exceed five passenger carrying vehicles annu23 ally whenever the cost of repair to any damaged vehicle

24 exceeds three fourths of the cost of the replacement: Pro25 vided further, That not to exceed $500,000 shall be avail-
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1 able from this appropriation for the Chief of Police for

2 the prevention and detection of crime: 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, 2000, 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.

13 PUBLIC EDUCATION SYSTEM

14 Public education system, including the development

15 of national defense education programs, $995,418,000 (in16 cluding $821,367,000 from local funds, $147,643,000

17 from Federal funds, and $26,408,000 from other funds),

18 to be allocated as follows: $769,443,000 (including

19 $628,809,000 from local funds, $133,490,000 from Fed20 eral funds, and $7,144,000 from other funds), for the pub21 lic schools of the District of Columbia; $200,000 from

22 local funds for the District of Columbia Teachers’ Retire23 ment Fund; $1,679,000 from local funds for the State

24 Education Office, $14,000,000 from local funds, pre25 viously appropriated in this Act as a Federal payment, for
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1 resident tuition support at public and private institutions

2 of higher learning for eligible District of Columbia resi3 dents; $105,000,000 from local funds for public charter

4 schools: Provided, That there shall be quarterly disburse5 ment of funds to the D.C. public charter schools, with the

6 first payment to occur within 15 days of the beginning

7 of each fiscal year: Provided further, That the D.C. public

8 charter schools will report enrollment on a quarterly basis:

9 Provided further, That the quarterly payment of October

10 15, 2000, shall be fifty (50) percent of each public charter

11 school’s annual entitlement based on its unaudited Octo12 ber 5 enrollment count: Provided further, That if the en13 tirety of this allocation has not been provided as payments

14 to any public charter schools currently in operation

15 through the per pupil funding formula, the funds shall be

16 available for public education in accordance with the

17 School Reform Act of 1995 (D.C. Code, sec. 31–

18 2853.43(A)(2)(D); Public Law 104–134, as amended):

19 Provided further, That the Mayor of the District of Colum20 bia shall convene a task force to recommend changes,

21 which shall be released by December 31, 2000, to the

22 School Reform Act of 1995, for the purpose of instituting

23 a funding mechanism which will account for the projected

24 growth of charter schools: Provided further, That

25 $480,000 of this amount shall be available to the District
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1 of Columbia Public Charter School Board for administra2 tive costs: Provided further, That $76,433,000 (including

3 $44,691,000 from local funds, $13,199,000 from Federal

4 funds, and $18,543,000 from other funds) shall be avail5 able for the University of the District of Columbia: Pro6 vided further, That $200,000 is allocated for the East of

7 the River Campus Assessment Study, $1,000,000 for the

8 Excel Institute Adult Education Program to be used by

9 the Institute for construction and to acquire construction

10 services provided by the General Services Administration

11 on a reimbursable basis, $500,000 for the Adult Edu12 cation State Plan, $650,000 for The Saturday Academy

13 Pre-College Program, and $481,000 for the Strengthening

14 of Academic Programs; and $26,459,000 (including

15 $25,208,000 from local funds, $550,000 from Federal

16 funds and $701,000 other funds) for the Public Library:

17 Provided further, That the $1,020,000 enhancement shall

18 be allocated such that; $500,000 is used for facilities im19 provements for 8 of the 26 library branches, $235,000 for

20 13 FTEs for the continuation of the Homework Helpers

21 Program, $166,000 for 3 FTEs in the expansion of the

22 Reach Out And Roar (ROAR) service to license day care

23 homes, and $119,000 for 3 FTEs to expand literacy sup24 port into branch libraries: Provided further, That

25 $2,204,000 (including $1,780,000 from local funds,
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1 $404,000 from Federal funds and $20,000 from other

2 funds) shall be available for the Commission on the Arts

3 and Humanities: Provided further, That the public schools

4 of the District of Columbia are authorized to accept not

5 to exceed 31 motor vehicles for exclusive use in the driver

6 education program: Provided further, That not to exceed

7 $2,500 for the Superintendent of Schools, $2,500 for the

8 President of the University of the District of Columbia,

9 and $2,000 for the Public Librarian shall be available

10 from this appropriation for official purposes: Provided fur11 ther, That none of the funds contained in this Act may

12 be made available to pay the salaries of any District of

13 Columbia Public School teacher, principal, administrator,

14 official, or employee who knowingly provides false enroll15 ment or attendance information under article II, section

16 5 of the Act entitled ‘‘An Act to provide for compulsory

17 school attendance, for the taking of a school census in the

18 District of Columbia, and for other purposes’’, approved

19 February 4, 1925 (D.C. Code, sec. 31–401 et seq.): Pro20 vided further, That this appropriation shall not be avail21 able to subsidize the education of any nonresident of the

22 District of Columbia at any District of Columbia public

23 elementary and secondary school during fiscal year 2001

24 unless the nonresident pays tuition to the District of Co25 lumbia at a rate that covers 100 percent of the costs in-
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1 curred by the District of Columbia which are attributable

2 to the education of the nonresident (as established by the

3 Superintendent of the District of Columbia Public

4 Schools): Provided further, That this appropriation shall

5 not be available to subsidize the education of nonresidents

6 of the District of Columbia at the University of the Dis7 trict of Columbia, unless the Board of Trustees of the Uni8 versity of the District of Columbia adopts, for the fiscal

9 year ending September 30, 2001, a tuition rate schedule

10 that will establish the tuition rate for nonresident students

11 at a level no lower than the nonresident tuition rate

12 charged at comparable public institutions of higher edu13 cation in the metropolitan area: Provided further, That

14 $2,200,000 is allocated to the Temporary Weighted Stu15 dent Formula to fund 344 additional slots for pre-K stu16 dents: Provided further, That $50,000 is allocated to fund

17 a conference on learning support for children ages 3–4 in

18 September 2000 hosted jointly by the District of Columbia

19 Public Schools and District of Columbia public charter

20 schools: Provided further, That no local funds in this Act

21 shall be used to administer a system wide standardized

22 test more than once in FY 2001: Provided further, That

23 no less than $389,219,000 shall be expended on local

24 schools through the Weighted Student Formula: Provided

25 further, That the District of Columbia Public Schools may
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1 spend $500,000 to engage in a Schools Without Violence

2 program based on a model developed by the University of

3 North Carolina, located in Greensboro, North Carolina:

4 Provided further, That section 441 of the District of Co5 lumbia Home Rule Act, approved December 24, 1973 (87

6 Stat. 798; D.C. Code, sec. 47–101), is amended as follows:

7 (a) The third sentence is amended to read as

8 follows:

9 ‘‘However, the fiscal year for the Armory Board

10 shall begin on the first day of January and shall end

11 on the thirty-first day of December of each calendar

12 year, and, beginning the first day of July 2001, the

13 fiscal year for the District of Columbia Public

14 Schools and the District of Columbia Public Charter

15 Schools shall begin on the first day of July and end

16 on the thirtieth day of June of each calendar year.’’.

17 (b) One new sentence is added at the end to

18 read as follows: ‘‘The District of Columbia Public

19 Schools shall take appropriate action to ensure that

20 its financial books are closed by June 30, 2003.’’.

21 HUMAN SUPPORT SERVICES

22 Human support services, $1,532,204,000 (including

23 $633,897,000 from local funds, $881,589,000 from Fed24 eral funds, and $16,718,000 from other funds): Provided,

25 That $25,836,000 of this appropriation, to remain avail-
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1 able until expended, shall be available solely for District

2 of Columbia employees’ disability compensation: Provided

3 further, That the District of Columbia shall not provide

4 free government services such as water, sewer, solid waste

5 disposal or collection, utilities, maintenance, repairs, or

6 similar services to any legally constituted private nonprofit

7 organization, as defined in section 411(5) of the Stewart

8 B. McKinney Homeless Assistance Act (101 Stat. 485;

9 Public Law 100–77; 42 U.S.C. 11371), providing emer10 gency shelter services in the District, if the District would

11 not 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.): Provided further, That $1,250,000 shall be paid

14 to the Doe Fund for the operation of its Ready, Willing,

15 and Able Program in the District of Columbia as follows:

16 $250,000 to cover debt owed by the District of Columbia

17 government for services rendered shall be paid to the Doe

18 Fund within 15 days of the enactment of this Act; and

19 $1,000,000 shall be paid in equal monthly installments by

20 the 15th day of each month: Provided further, That

21 $400,000 shall be available for the administrative costs

22 associated with implementation of the Drug Treatment

23 Choice Program established pursuant to section 4 of the

24 Choice in Drug Treatment Act of 2000, signed by the

25 Mayor on April 20, 2000 (D.C. Act 13–329): Provided fur-
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1 ther, That $7,000,000 shall be available for deposit in the

2 Addiction Recovery Fund established pursuant to section

3 5 of the Choice in Drug Treatment Act of 2000, signed

4 by the Mayor on April 20, 2000 (D.C. Act 13–329).

5 PUBLIC WORKS

6 Public works, including rental of one passenger car7 rying vehicle for use by the Mayor and three passenger

8 carrying vehicles for use by the Council of the District of

9 Columbia and leasing of passenger-carrying vehicles,

10 $278,242,000 (including $265,078,000 from local funds,

11 $3,328,000 from Federal funds, and $9,836,000 from

12 other funds): Provided further, That this appropriation

13 shall not be available for collecting ashes or miscellaneous

14 refuse from hotels and places of business: Provided fur15 ther, That $100,000 shall be available for a commercial

16 sector recycling initiative: Provided further, That

17 $250,000 shall be available to initiate a recycling edu18 cation campaign: Provided further, That $10,000 shall be

19 available for community clean-up kits: Provided further,

20 That $190,000 shall be available to restore a 3.5 percent

21 vacancy rate in Parking Services: Provided further, That

22 $170,000 shall be available to plant 500 trees: Provided

23 further, That $118,000 shall be available for two water

24 trucks: Provided further, That $150,000 shall be available

25 for contract monitors and parking analysts within Parking
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1 Services: Provided further, That $1,409,000 shall be avail2 able for a neighborhood cleanup initiative: Provided fur3 ther, That $1,000,000 shall be available for tree mainte4 nance: Provided further, That $600,000 shall be available

5 for an anti-graffiti program: Provided further, That

6 $226,000 shall be available for a hazardous waste pro7 gram: Provided further, That $1,260,000 shall be available

8 for parking control aides: Provided further, That $400,000

9 shall be available for the Department of Motor Vehicles

10 to hire additional ticket adjudicators, conduct additional

11 hearings, and reduce the waiting time for hearings.

12 RECEIVERSHIP PROGRAMS

13 For all agencies of the District of Columbia govern14 ment under court ordered receivership, $389,528,000 (in15 cluding $234,913,000 from local funds, $135,555,000

16 from Federal funds, and $19,060,000 from other funds).

17 RESERVE

18 For replacement of funds expended, if any, during

19 fiscal year 2000 from the Reserve established by section

20 202(i) of the District of Columbia Financial Responsibility

21 and Management Assistance Act of 1995, Public Law

22 104–8, $150,000,000: Provided, That none of these funds

23 shall be obligated or expended under this heading until:

24 (1) the reductions from ‘‘Operational Improvement Sav25 ings’’, ‘‘Management Reform Savings’’, and ‘‘Cafeteria
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1 Plan’’ have been achieved and the achievement certified

2 by the District of Columbia Inspector General; (2) the

3 Chief Financial Officer certifies that the reserve assets are

4 not required to replace funds expended in fiscal year 2000

5 from the Reserve established by section 202(i) of the Dis6 trict of Columbia Financial Responsibility and Manage7 ment Assistance Act of 1995, Public Law 104–8; and (3)

8 the District of Columbia government enters into leases

9 provided for under the heading ‘‘Federal Payment for Wa10 terfront Improvements’’ in Public Law 105–277, approved

11 October 21, 1998 (112 Stat. 2681–124), as amended by

12 section 164 of Public Law 106–113, approved November

13 29, 1999 (113 Stat. 1529): Provided further, That the un14 expended portion of the fiscal year 2000 reserve that is

15 carried over into fiscal year 2001 will free up local funds

16 in the fiscal year 2001 Reserve that can be used to fund

17 selected programs upon certification by the Chief Finan18 cial Officer of the District of Columbia that: (1) the Mayor

19 will achieve operational improvement savings and manage20 ment reform productivity savings in the fiscal year 2001

21 Budget and Financial Plan, (2) the collection of additional

22 revenues within the fiscal year 2001 Budget and Financial

23 Plan will be achieved; and (3) agency expenditures are

24 monitored and fiscal challenges are addressed to the satis25 faction of the Chief Financial Office during fiscal year
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1 2001. The programs that will be funded following certifi2 cation by the Chief Financial Officer are as follows: GOV3 ERNMENTAL DIRECTION AND SUPPORT, $4,163,000 (in4 cluding $621,000 for the Office of the Mayor; $1,042,000

5 for Human Resource Development; $2,500,000 for the Of6 fice of Property Management): ECONOMIC DEVELOPMENT

7 AND REGULATION, $3,496,000 (including $3,296,000 for

8 the Department of Housing and Community Development;

9 $200,000 for the Department of Employment Services):

10 PUBLIC SAFETY AND JUSTICE, $6,483,000 (including

11 $200,000 for the Metropolitan Police Department,

12 $1,293,000 for the Fire and Emergency Medical Services

13 Department, $4,890,000 for Settlements and Judgments,

14 $100,000 for the Citizen Complaint Review Board): PUB15 LIC EDUCATION SYSTEM, $15,099,000 (including

16 $12,079,000 for Public Schools, $2,500,000 for the Uni17 versity of the District of Columbia, $400,000 for the Pub18 lic Library, $120,000 for the Commission on the Arts and

19 Humanities): HUMAN SUPPORT SERVICES, $17,830,000

20 (including $4,245,000 for the Department of Health,

21 $1,511,000 for the Department of Recreation and Parks,

22 $574,000 for the Office on Aging, $1,500,000 for the Of23 fice on Latino Affairs, $10,000,000 for Children and

24 Youth Investment Fund): PUBLIC WORKS, $4,050,000

25 (including $1,500,000 for the Department of Public
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1 Works, $1,000,000 for the Department of Motor Vehicles,

2 $1,550,000 for the Taxicab Commission): RECEIVERSHIP

3 PROGRAMS, $19,300,000 (including $6,300,000 for Child

4 and Family Services, $13,000,000 for the Commission on

5 Mental Health Services): and CAFETERIA PLAN SAVINGS,

6 $5,000,000: Provided further, That the freed-up appro7 priated funds in fiscal year 2001 from the reserve rollover

8 shall be used to provide funding in the following order:

9 (1) the first $32,000,000 shall be used to provide in the

10 following order, $6,300,000 to the LaShawn Receivership,

11 $13,000,000 to the Commission on Mental Health,

12 $12,079,000 to the District of Columbia Public Schools,

13 and $621,000 to the Office of the Mayor, if the Chief Fi14 nancial Officer certifies that the first $32,000,000 is not

15 required to replace funds expended in fiscal year 2000

16 from the Reserve established by section 202(i) of the Dis17 trict of Columbia Financial Responsibility and Manage18 ment Assistance Act of 1995, Public Law 104–8; (2) the

19 next $37,189,000 shall be used to provide $37,189,000

20 to Management Savings to the extent, if any, the Chief

21 Financial Officer determines the Management Savings is

22 not achieving the required savings, and the balance, if any,

23 shall be provided in the following order: $10,000,000 to

24 the Children Investment Trust, $1,511,000 to the Depart25 ment of Parks and Recreation, $1,293,000 to the Depart-
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1 ment of Fire and Emergency Medical Services, $120,000

2 to the Commission on the Arts and Humanities, $400,000

3 to the District of Columbia Public Library, $574,000 to

4 the Office on Aging, $3,296,000 to the Department of

5 Housing and Community Development, $200,000 to the

6 Department of Employment Services, $2,500,000 to the

7 University of the District of Columbia, $1,500,000 to the

8 Department of Public Works, $1,000,000 to the Depart9 ment of Motor Vehicles, $4,245,000 to the Department

10 of Health, $1,500,000 to the Commission on Latino Af11 fairs, $1,550,000 to the Taxicab Commission, $2,500,000

12 to the Office of Property Management, and $5,000,000

13 for the savings associated with the implementation of the

14 Cafeteria Plan, if the Chief Financial Officer certifies that

15 the $37,189,000 is not required to replace funds expended

16 in fiscal year 2000 from the Reserve established by section

17 202(i) of the District of Columbia Financial Responsibility

18 and Management Assistance Act of 1995, Public Law

19 104–8, in fiscal year 2000, and that all the savings are

20 being achieved from the Management Savings; (3) the

21 next $10,000,000 shall be used to provide $6,232,000 to

22 Operational Improvement to the extent, if any, the Chief

23 Financial Officer determines the Operational Improve24 ment is not achieving the required savings, and the bal25 ance, if any, shall be provided in the following order:
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1 $100,000 to the Civilian Complaint Review Board,

2 $200,000 to the Metropolitan Police Department for the

3 Emergency Response Team, $1,042,000 to be used for

4 Training, and $4,890,000 to the Settlement and Judg5 ments Funds, if the Chief Financial Officer certifies that

6 the $6,232,000 is not required to replace funds expended

7 in fiscal year 2000 from the Reserve established by section

8 202(i) of the District of Columbia Financial Responsibility

9 and Management Assistance Act of 1995, Public Law

10 104–8, in fiscal year 2000 and that all the savings are

11 being achieved from the Operational Improvement Sav12 ings; and (4) the balance shall be used for Pay-As-You13 Go Capital Funds in lieu of capital financing if the Chief

14 Financial Officer certifies that the balance is not required

15 to replace funds expended in fiscal year 2000 from the

16 Reserve established by section 202(i) of the District of Co17 lumbia Financial Responsibility and Management Assist18 ance Act of 1995, Public Law 104–8: Provided further,

19 That section 202(j) of the District of Columbia Financial

20 Responsibility and Management Assistance Act of 1995,

21 approved April 17, 1995 (109 Stat. 109; D.C. Code, sec.

22 47–392.2(j)), is amended as follows:

23 REPAYMENT OF LOANS AND INTEREST

24 For payment of principal, interest and certain fees

25 directly resulting from borrowing by the District of Co-
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1 lumbia to fund District of Columbia capital projects as

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

3 of Columbia Home Rule Act, approved December 24,

4 1973, $243,238,000 from local funds: Provided further,

5 That for equipment leases, the Mayor may finance

6 $19,232,000 of equipment cost, plus cost of issuance not

7 to exceed 2 percent of the par amount being financed on

8 a lease purchase basis with a maturity not to exceed 5

9 years: Provided further, That $2,000,000 is allocated to

10 the Metropolitan Police Department, $4,300,000 for the

11 Fire and Emergency Medical Services Department,

12 $1,622,000 for the Public Library, $2,010,000 for the De13 partment of Parks and Recreation, $7,500,000 for the De14 partment of Public Works and $1,800,000 for the Public

15 Benefit Corporation.

16 REPAYMENT OF GENERAL FUND RECOVERY DEBT

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

18 general fund accumulated deficit as of September 30,

19 1990, $39,300,000 from local funds, as authorized by sec20 tion 461(a) of the District of Columbia Home Rule Act,

21 (105 Stat. 540; D.C. Code, sec. 47–321(a)(1)).

22 PAYMENT OF INTEREST ON SHORT-TERM BORROWING

23 For payment of interest on short-term borrowing,

24 $1,140,000 from local funds.
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1 PRESIDENTIAL INAUGURATION

2 For reimbursement for necessary expenses incurred

3 in connection with Presidential inauguration activities as

4 authorized by section 737(b) of the District of Columbia

5 Home Rule Act, Public Law 93–198, as amended, ap6 proved December 24, 1973 (87 Stat. 824, and D.C. Code,

7 sec. 1–1803), $5,961,000, which shall be apportioned by

8 the Chief Financial Officer within the various appropria9 tion headings in this Act.

10 CERTIFICATES OF PARTICIPATION

11 For lease payments in accordance with the Certifi12 cates of Participation involving the land site underlying

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

14 from local funds.

15 WILSON BUILDING

16 For expenses associated with the John A. Wilson

17 Building, $8,409,000.

18 OPTICAL AND DENTAL INSURANCE PAYMENTS

19 For optical and dental insurance payments,

20 $2,675,000 from local funds.

21 MANAGEMENT SUPERVISORY SERVICE

22 For management supervisory service, $13,200,000

23 from local funds, to be transferred by the Mayor of the

24 District of Columbia among the various appropriation
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1 headings in this Act for which employees are properly pay2 able.

3 TOBACCO SETTLEMENT TRUST FUND TRANSFER

4 PAYMENT

5 There is transferred $61,406,000 to the Tobacco Set6 tlement Trust Fund established pursuant to section 2302

7 of the Tobacco Settlement Trust Fund Establishment Act

8 of 1999, effective October 20, 1999 (D.C. Law 13–38; to

9 be codified at D.C. Code, sec. 6–135), to be spent pursu10 ant to local law.

11 OPERATIONAL IMPROVEMENTS SAVINGS (INCLUDING

12 MANAGED COMPETITION)

13 The Mayor and the Council in consultation with the

14 Chief Financial Officer and the District of Columbia Fi15 nancial Responsibility and Management Assistance Au16 thority, shall make reductions of $10,000,000 for oper17 ational improvements savings in local funds to one or more

18 of the appropriation headings in this Act.

19 MANAGEMENT REFORM SAVINGS

20 The Mayor and the Council in consultation with the

21 Chief Financial Officer and the District of Columbia Fi22 nancial Responsibility and Management Assistance Au23 thority, shall make reductions of $37,000,000 for manage24 ment reform savings in local funds to one or more of the

25 appropriation headings in this Act.
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1 CAFETERIA PLAN SAVINGS

2 For the implementation of a Cafeteria Plan pursuant

3 to Federal law, a reduction of $5,000,000 in local funds.

4 ENTERPRISE AND OTHER FUNDS

5 WATER AND SEWER AUTHORITY AND THE WASHINGTON

6 AQUEDUCT

7 For operation of the Water and Sewer Authority and

8 the Washington Aqueduct, $275,705,000 from other funds

9 (including $230,614,000 for the Water and Sewer Author10 ity and $45,091,000 for the Washington Aqueduct) of

11 which $41,503,000 shall be apportioned and payable to

12 the District’s debt service fund for repayment of loans and

13 interest incurred for capital improvement projects.

14 For construction projects, $140,725,000, as author15 ized by the Act entitled ‘‘An Act authorizing the laying

16 of watermains and service sewers in the District of Colum17 bia, the levying of assessments therefor, and for other pur18 poses’’ (33 Stat. 244; Public Law 58–140; D.C. Code, sec.

19 43–1512 et seq.): Provided, That the requirements and

20 restrictions that are applicable to general fund capital im21 provements projects and set forth in this Act under the

22 Capital Outlay appropriation title shall apply to projects

23 approved under this appropriation title.
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1 LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

2 For the Lottery and Charitable Games Enterprise

3 Fund, established by the District of Columbia Appropria4 tion Act for the fiscal year ending September 30, 1982

5 (95 Stat. 1174, 1175; Public Law 97–91), for the purpose

6 of implementing the Law to Legalize Lotteries, Daily

7 Numbers Games, and Bingo and Raffles for Charitable

8 Purposes in the District of Columbia (D.C. Law 3 172;

9 D.C. Code, sec. 2–2501 et seq. and sec. 22–1516 et seq.),

10 $223,200,000: Provided, That the District of Columbia

11 shall identify the source of funding for this appropriation

12 title from the District’s own locally generated revenues:

13 Provided further, That no revenues from Federal sources

14 shall be used to support the operations or activities of the

15 Lottery and Charitable Games Control Board.

16 SPORTS AND ENTERTAINMENT COMMISSION

17 For the Sports and Entertainment Commission,

18 $10,968,000 from other funds: Provided, That the Mayor

19 shall submit a budget for the Armory Board for the forth20 coming fiscal year as required by section 442(b) of the

21 District of Columbia Home Rule Act (87 Stat. 824; Public

22 Law 93–198; D.C. Code, sec. 47–301(b)).
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1 DISTRICT OF COLUMBIA HEALTH AND HOSPITALS

2 PUBLIC BENEFIT CORPORATION

3 For the District of Columbia Health and Hospitals

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

5 212, D.C. Code, sec. 32–262.2, $123,548,000 of which

6 $45,313,000 shall be derived by transfer from the general

7 fund, and $78,235,000 from other funds: Provided, That

8 no appropriated amounts and no amounts from or guaran9 teed by the District of Columbia government (including

10 the District of Columbia Financial Responsibility and

11 Management Assistance Authority) may be made available

12 to the Corporation (through reprogramming, transfers,

13 loans, or any other mechanism) which are not otherwise

14 provided for under this heading.

15 DISTRICT OF COLUMBIA RETIREMENT BOARD

16 For the District of Columbia Retirement Board, es17 tablished by section 121 of the District of Columbia Re18 tirement Reform Act of 1979 (93 Stat. 866; D.C. Code,

19 sec. 1–711), $11,414,000 from the earnings of the appli20 cable retirement funds to pay legal, management, invest21 ment, and other fees and administrative expenses of the

22 District of Columbia Retirement Board: Provided, That

23 the District of Columbia Retirement Board shall provide

24 to the Congress and to the Council of the District of Co25 lumbia a quarterly report of the allocations of charges by
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1 fund and of expenditures of all funds: Provided further,

2 That the District of Columbia Retirement Board shall pro3 vide the Mayor, for transmittal to the Council of the Dis4 trict of Columbia, an itemized accounting of the planned

5 use of appropriated funds in time for each annual budget

6 submission and the actual use of such funds in time for

7 each annual audited financial report.

8 CORRECTIONAL INDUSTRIES FUND

9 For the Correctional Industries Fund, established by

10 the District of Columbia Correctional Industries Estab11 lishment Act (78 Stat. 1000; Public Law 88–622),

12 $1,808,000 from other funds.

13 WASHINGTON CONVENTION CENTER ENTERPRISE FUND

14 For the Washington Convention Center Enterprise

15 Fund, $52,726,000 from other funds.

16 CAPITAL OUTLAY

17 (INCLUDING RESCISSIONS)

18 For construction projects, an increase of

19 $1,077,282,000 of which $806,787,000 is from local

20 funds, $66,446,000 is from highway trust funds and

21 $204,049,000 is from Federal funds, and a rescission of

22 $55,208,000 from local funds appropriated under this

23 heading in prior fiscal years, for a net amount of

24 $1,022,074,000 to remain available until expended: Pro25 vided, That funds for use of each capital project imple-
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1 menting agency shall be managed and controlled in ac2 cordance with all procedures and limitations established

3 under the Financial Management System: Provided fur4 ther, That all funds provided by this appropriation title

5 shall be available only for the specific projects and pur6 poses intended: Provided further, That notwithstanding

7 the foregoing, all authorizations for capital outlay

8 projects, except those projects covered by the first sen9 tence of section 23(a) of the Federal Aid Highway Act

10 of 1968 (82 Stat. 827; Public Law 90–495; D.C. Code,

11 sec. 7–134, note), for which funds are provided by this

12 appropriation title, shall expire on September 30, 2002,

13 except authorizations for projects as to which funds have

14 been obligated in whole or in part prior to September 30,

15 2002: Provided further, That upon expiration of any such

16 project authorization, the funds provided herein for the

17 project shall lapse.

18 GENERAL PROVISIONS

19 SEC. 101. The expenditure of any appropriation

20 under this Act for any consulting service through procure21 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

22 to those contracts where such expenditures are a matter

23 of public record and available for public inspection, except

24 where otherwise provided under existing law, or under ex25 isting Executive order issued pursuant to existing law.
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1 SEC. 102. Except as otherwise provided in this Act,

2 all vouchers covering expenditures of appropriations con3 tained in this Act shall be audited before payment by the

4 designated certifying official, and the vouchers as ap5 proved shall be paid by checks issued by the designated

6 disbursing official.

7 SEC. 103. Whenever in this Act, an amount is speci8 fied within an appropriation for particular purposes or ob9 jects of expenditure, such amount, unless otherwise speci10 fied, shall be considered as the maximum amount that

11 may be expended for said purpose or object rather than

12 an amount set apart exclusively therefor.

13 SEC. 104. Appropriations in this Act shall be avail14 able, when authorized by the Mayor, for allowances for

15 privately owned automobiles and motorcycles used for the

16 performance of official duties at rates established by the

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

18 maximum prevailing rates for such vehicles as prescribed

19 in the Federal Property Management Regulations 101–7

20 (Federal Travel Regulations).

21 SEC. 105. Appropriations in this Act shall be avail22 able for expenses of travel and for the payment of dues

23 of organizations concerned with the work of the District

24 of Columbia government, when authorized by the Mayor:

25 Provided, That in the case of the Council of the District
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1 of Columbia, funds may be expended with the authoriza2 tion of the chair of the Council.

3 SEC. 106. There are appropriated from the applicable

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

5 necessary for making refunds and for the payment of

6 judgments that have been entered against the District of

7 Columbia government: Provided, That nothing contained

8 in this section shall be construed as modifying or affecting

9 the provisions of section 11(c)(3) of title XII of the Dis10 trict of Columbia Income and Franchise Tax Act of 1947

11 (70 Stat. 78; Public Law 84–460; D.C. Code, sec. 47–

12 1812.11(c)(3)).

13 SEC. 107. (a) REQUIRING MAYOR TO MAINTAIN

14 INDEX.—Effective with respect to fiscal year 2001 and

15 each succeeding fiscal year, the Mayor of the District of

16 Columbia shall maintain an index of all employment per17 sonal services and consulting contracts in effect on behalf

18 of the District government, and shall include in the index

19 specific information on any severance clause in effect

20 under any such contract.

21 (b) PUBLIC INSPECTION.—The index maintained

22 under subsection (a) shall be kept available for public in23 spection during regular business hours.

24 (c) CONTRACTS EXEMPTED.—Subsection (a) shall

25 not apply with respect to any collective bargaining agree-
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1 ment or any contract entered into pursuant to such a col2 lective bargaining agreement.

3 (d) DISTRICT GOVERNMENT DEFINED.—In this sec4 tion, the term ‘‘District government’’ means the govern5 ment of the District of Columbia, including—

6 (1) any department, agency or instrumentality

7 of the government of the District of Columbia;

8 (2) any independent agency of the District of

9 Columbia established under part F of title IV of the

10 District of Columbia Home Rule Act or any other

11 agency, board, or commission established by the

12 Mayor or the Council;

13 (3) the Council of the District of Columbia;

14 (4) any other agency, public authority, or public

15 benefit corporation which has the authority to re16 ceive monies directly or indirectly from the District

17 of Columbia (other than monies received from the

18 sale of goods, the provision of services, or the loan19 ing of funds to the District of Columbia); and

20 (5) the District of Columbia Financial Respon21 sibility and Management Assistance Authority.

22 (e) No payment shall be made pursuant to any such

23 contract subject to subsection (a), nor any severance pay24 ment made under such contract, if a copy of the contract

25 has not been filed in the index. Interested parties may file
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1 copies of their contract or severance agreement in the

2 index on their own behalf.

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

4 this Act shall remain available for obligation beyond the

5 current fiscal year unless expressly so provided herein.

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

7 District of Columbia government for the operation of edu8 cational institutions, the compensation of personnel, or for

9 other educational purposes may be used to permit, encour10 age, facilitate, or further partisan political activities.

11 Nothing herein is intended to prohibit the availability of

12 school buildings for the use of any community or partisan

13 political group during non-school hours.

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

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

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

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

18 not available for inspection by the House and Senate Com19 mittees on Appropriations, the Subcommittee on the Dis20 trict of Columbia of the House Committee on Government

21 Reform, the Subcommittee on Oversight of Government

22 Management, Restructuring and the District of Columbia

23 of the Senate Committee on Governmental Affairs, and

24 the Council of the District of Columbia, or their duly au25 thorized representative.
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1 SEC. 111. There are appropriated from the applicable

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

3 necessary for making payments authorized by the District

4 of Columbia Revenue Recovery Act of 1977 (D.C. Law

5 2–20; D.C. Code, sec. 47–421 et seq.).

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

7 for publicity or propaganda purposes or implementation

8 of any policy including boycott designed to support or de9 feat legislation pending before Congress or any State legis10 lature.

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

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

13 for capital outlay borrowings: Provided, That within a rea14 sonable time after the close of each quarter, the Mayor

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

16 the Congress the actual borrowings and spending progress

17 compared with projections.

18 SEC. 114. The Mayor shall not borrow any funds for

19 capital projects unless the Mayor has obtained prior ap20 proval from the Council of the District of Columbia, by

21 resolution, identifying the projects and amounts to be fi22 nanced with such borrowings.

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

24 borrowed for capital projects for the operating expenses

25 of the District of Columbia government.
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1 SEC. 116. None of the funds provided under this Act

2 to the agencies funded by this Act, both Federal and Dis3 trict government agencies, that remain available for obli4 gation or expenditure in fiscal year 2001, or provided from

5 any accounts in the Treasury of the United States derived

6 by the collection of fees available to the agencies funded

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

8 for an agency through a reprogramming of funds which:

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

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

11 allocations specifically denied, limited or increased by Con12 gress in the Act; (4) increases funds or personnel by any

13 means for any program, project, or responsibility center

14 for which funds have been denied or restricted; (5) rees15 tablishes through reprogramming any program or project

16 previously deferred through reprogramming; (6) augments

17 existing programs, projects, or responsibility centers

18 through a reprogramming of funds in excess of

19 $1,000,000 or 10 percent, whichever is less; or (7) in20 creases by 20 percent or more personnel assigned to a spe21 cific program, project or responsibility center; unless the

22 Appropriations Committees of both the Senate and House

23 of Representatives are notified in writing 30 days in ad24 vance of any reprogramming as set forth in this section.
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1 SEC. 117. None of the Federal funds provided in this

2 Act shall be obligated or expended to provide a personal

3 cook, chauffeur, or other personal servants to any officer

4 or employee of the District of Columbia government.

5 SEC. 118. None of the Federal funds provided in this

6 Act shall be obligated or expended to procure passenger

7 automobiles as defined in the Automobile Fuel Efficiency

8 Act of 1980 (94 Stat. 1824; Public Law 96–425; 15

9 U.S.C. 2001(2)), with an Environmental Protection Agen10 cy estimated miles per gallon average of less than 22 miles

11 per gallon: Provided, That this section shall not apply to

12 security, emergency rescue, or armored vehicles.

13 SEC. 119. Notwithstanding any other provisions of

14 law, the provisions of the District of Columbia Govern15 ment Comprehensive Merit Personnel Act of 1978 (D.C.

16 Law 2–139; D.C. Code, sec. 1–601.1 et seq.), enacted pur17 suant to section 422(3) of the District of Columbia Home

18 Rule Act (87 Stat. 790; Public Law 93–198; D.C. Code,

19 sec. 1–242(3)), shall apply with respect to the compensa20 tion of District of Columbia employees: Provided, That for

21 pay purposes, employees of the District of Columbia gov22 ernment shall not be subject to the provisions of title 5,

23 United States Code.

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

25 first quarter of the fiscal year ending September 30, 2001,
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1 the Mayor of the District of Columbia shall submit to the

2 Council of the District of Columbia the new fiscal year

3 2001 revenue estimates as of the end of the first quarter

4 of fiscal year 2001. These estimates shall be used in the

5 budget request for the fiscal year ending September 30,

6 2002. The officially revised estimates at midyear shall be

7 used for the midyear report.

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

9 of Columbia government or any agency thereof may be re10 newed or extended without opening that contract to the

11 competitive bidding process as set forth in section 303 of

12 the District of Columbia Procurement Practices Act of

13 1985 (D.C. Law 6–85; D.C. Code, sec. 1–1183.3), except

14 that the District of Columbia government or any agency

15 thereof may renew or extend sole source contracts for

16 which competition is not feasible or practical: Provided,

17 That the determination as to whether to invoke the com18 petitive bidding process has been made in accordance with

19 duly promulgated rules and procedures and said deter20 mination has been reviewed and approved by the District

21 of Columbia Financial Responsibility and Management

22 Assistance Authority.

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

24 Emergency Deficit Control Act of 1985 (99 Stat. 1037;

25 Public Law 99–177), the term ‘‘program, project, and ac-
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1 tivity’’ shall be synonymous with and refer specifically to

2 each account appropriating Federal funds in this Act, and

3 any sequestration order shall be applied to each of the ac4 counts rather than to the aggregate total of those ac5 counts: Provided, That sequestration orders shall not be

6 applied to any account that is specifically exempted from

7 sequestration by the Balanced Budget and Emergency

8 Deficit Control Act of 1985.

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

10 pursuant to the Balanced Budget and Emergency Deficit

11 Control Act of 1985 (99 Stat. 1037: Public Law 99–177),

12 after the amounts appropriated to the District of Colum13 bia for the fiscal year involved have been paid to the Dis14 trict of Columbia, the Mayor of the District of Columbia

15 shall pay to the Secretary of the Treasury, within 15 days

16 after receipt of a request therefor from the Secretary of

17 the Treasury, such amounts as are sequestered by the

18 order: Provided, That the sequestration percentage speci19 fied in the order shall be applied proportionately to each

20 of the Federal appropriation accounts in this Act that are

21 not specifically exempted from sequestration by such Act.

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

23 government may accept and use a gift or donation during

24 fiscal year 2001 if—
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1 (1) the Mayor approves the acceptance and use

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

3 of the District of Columbia may accept and use gifts

4 without prior approval by the Mayor; and

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

6 out its authorized functions or duties.

7 (b) Each entity of the District of Columbia govern8 ment shall keep accurate and detailed records of the ac9 ceptance and use of any gift or donation under subsection

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

11 for audit and public inspection.

12 (c) For the purposes of this section, the term ‘‘entity

13 of the District of Columbia government’’ includes an inde14 pendent agency of the District of Columbia.

15 (d) This section shall not apply to the District of Co16 lumbia Board of Education, which may, pursuant to the

17 laws and regulations of the District of Columbia, accept

18 and use gifts to the public schools without prior approval

19 by the Mayor.

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

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

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

23 offices of United States Senator or United States Rep24 resentative under section 4(d) of the District of Columbia
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1 Statehood Constitutional Convention Initiatives of 1979

2 (D.C. Law 3–171; D.C. Code, sec. 1–113(d)).

3 SEC. 126. (a) The University of the District of Co4 lumbia shall submit to the Mayor, the District of Columbia

5 Financial Responsibility and Management Assistance Au6 thority and the Council of the District of Columbia no

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

8 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, and object class, and for all funds,

14 non-appropriated funds, and 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 for all funding sources;

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

20 $10,000 annually, which contains the name of each

21 contractor; the budget to which the contract is

22 charged, broken out on the basis of control center

23 and responsibility center, and contract identifying

24 codes used by the University of the District of Co25 lumbia; payments made in the last quarter and year-
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1 to-date, the total amount of the contract and total

2 payments made for the contract and any modifica3 tions, extensions, renewals; and specific modifica4 tions made to each contract in the last month;

5 (4) all reprogramming requests and reports

6 that have been made by the University of the Dis7 trict of Columbia within the last quarter in compli8 ance with applicable law; and

9 (5) changes made in the last quarter to the or10 ganizational structure of the University of the Dis11 trict of Columbia, displaying previous and current

12 control centers and responsibility centers, the names

13 of the organizational entities that have been

14 changed, the name of the staff member supervising

15 each entity affected, and the reasons for the struc16 tural change.

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

18 provide the Congress by February 1, 2001, a summary,

19 analysis, and recommendations on the information pro20 vided in the quarterly reports.

21 SEC. 127. (a) Nothing in the Federal Grant and Co22 operative Agreements Act of 1977 (31 U.S.C. 6301 et

23 seq.) may be construed to prohibit the Administrator of

24 the Environmental Protection Agency from negotiating

25 and entering into cooperative agreements and grants au-
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1 thorized by law which affect real property of the Federal

2 Government in the District of Columbia if the principal

3 purpose of the cooperative agreement or grant is to pro4 vide comparable benefits for Federal and non-Federal

5 properties in the District of Columbia.

6 (b) Subsection (a) shall apply with respect to fiscal

7 year 2001 and each succeeding fiscal year.

8 SEC. 128. (a) CONDITIONS FOR GRANTING PREF9 ERENCE IN USE OF SURPLUS SCHOOL PROPERTIES TO

10 PUBLIC CHARTER SCHOOLS.—

11 (1) IN GENERAL.—Section 2209(b)(1)(A) of the

12 District of Columbia School Reform Act of 1995

13 (sec. 31–2853.19(b)(1)(A), D.C. Code) is

14 amended—

15 (A) by striking ‘‘purchase or lease’’ and in16 serting ‘‘purchase, lease-purchase, or lease’’;

17 and

18 (B) by striking ‘‘, provided that’’ and all

19 that follows and inserting a period.

20 (2) PROPERTY SUBJECT TO PREFERENCE.—

21 Section 2209(b)(1)(B)(iii) of such Act (sec. 31–

22 2853.19(b)(1)(B)(iii), D.C. Code) is amended to

23 read as follows:

24 ‘‘(iii) with respect to which the Au25 thority or the Board of Education has
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1 transferred jurisdiction to the Mayor at

2 any time prior or subsequent to the date of

3 the enactment of this title.’’.

4 (b) PROCEDURES FOR DISPOSITION OF PROPERTY.—

5 Section 2209(b)(1) of such Act (sec. 31–2853.19(b)(1),

6 D.C. Code) is amended by adding at the end the following

7 new subparagraphs:

8 ‘‘(C) DISPOSITION TO PUBLIC CHARTER

9 SCHOOLS.—

10 ‘‘(i) IN GENERAL.—Public charter

11 schools shall have the priority right to

12 lease, lease-purchase, or purchase any va13 cant facility or property described in sub14 paragraph (B), and any facility or property

15 described in subparagraph (B) which is

16 leased or occupied as of the date of the en17 actment of this subparagraph by an entity

18 other than a public charter school.

19 ‘‘(ii) APPRAISAL OF PROPERTY.—

20 When a public charter school notifies the

21 Mayor of its intention to exercise its rights

22 under clause (i), the Mayor shall obtain

23 within 90 days an independent fair market

24 appraisal of the facility or property based

25 on its current permitted use, and shall
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1 transmit a copy of the appraisal to the

2 public charter school. The public charter

3 school shall have 30 days from the date of

4 receipt of the appraisal to enter into a con5 tract for the purchase, lease-purchase, or

6 lease of such facility or property, which

7 time may be extended by mutual agree8 ment. Upon execution of the contract, the

9 public charter school shall have 180 days

10 to complete the acquisition of the property.

11 ‘‘(iii) PRICES.—

12 ‘‘(I) PURCHASE.—The purchase

13 price of a facility or property de14 scribed in this clause and in subpara15 graph (B) shall be the fair market

16 value of the facility or property, less a

17 25 percent discount.

18 ‘‘(II) LEASE.—The lease price of

19 a facility or property described in this

20 clause and in subparagraph (B) shall

21 be the price charged by the District of

22 Columbia to other nonprofit organiza23 tions leasing public facilities or, if

24 there is no nonprofit rate, fair market

25 value less a 25 percent discount. The
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1 price shall be reduced to take into ac2 count the value of any improvement to

3 the public school facility or property

4 which is preapproved by the Mayor.

5 ‘‘(III) LEASE-PURCHASE.—A

6 lease-purchase price of a facility or

7 property described in this clause and

8 in subparagraph (B) shall reflect a 25

9 percent discount from fair market

10 value, in a manner consistent with

11 subclauses (I) and (II).

12 ‘‘(iv) QUARTERLY REPORT.—On Jan13 uary 1, April 1, July 1, and October 1 of

14 each calendar year, the Mayor shall pub15 lish a report describing the status of each

16 facility or property described in subpara17 graph (B), including the date of expiration

18 of the lease term or right of occupancy, if

19 any, and the date, if any, each facility or

20 property was or will be put out for bid or

21 transferred to a District of Columbia agen22 cy, if any. The Mayor shall deliver such re23 port to each eligible chartering authority

24 and shall publish it in the District of Co25 lumbia register.
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1 ‘‘(D) DISPOSITION OF FACILITIES OR

2 PROPERTIES AFTER EXCLUSIVE PERIOD.—

3 ‘‘(i) IN GENERAL.—The Mayor may

4 put out for bid to the public or transfer to

5 a District of Columbia agency for the use

6 of such agency any facility or property de7 scribed in this subparagraph (B) which

8 was not acquired by a public charter school

9 pursuant to subparagraph (C).

10 ‘‘(ii) NOTICE.—At least 90 days prior

11 to putting any such facility property out

12 for bid or transferring it to a District of

13 Columbia agency, the Mayor shall notify

14 each eligible chartering authority in writ15 ing of his intention to do so.

16 ‘‘(iii) PUBLIC CHARTER SCHOOL

17 RIGHT TO ACQUIRE BEFORE BID OR

18 TRANSFER.—Prior to the expiration of the

19 90-day notice period described in clause

20 (ii), a public charter school may purchase,

21 lease-purchase, or lease any facility or

22 property described in the notice under the

23 terms described in clause (iii) of subpara24 graph (C).
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1 ‘‘(iv) PUBLIC CHARTER SCHOOL

2 RIGHT TO MATCH BID.—With regard to

3 any facility or property offered for bid

4 under this subparagraph, the Mayor shall

5 notify each eligible chartering authority in

6 writing within 5 days of the amount of the

7 highest acceptable bid. A public charter

8 school may purchase, lease-purchase, or

9 lease such facility or property by submit10 ting a bid for the facility or property with11 in 30 business days of receipt by each eli12 gible chartering authority of such notice.

13 The cost of acquisition shall be as de14 scribed in clause (iii) of subparagraph (C).

15 ‘‘(v) FACILITIES OR PROPERTIES NOT

16 PUT OUT FOR BID OR TRANSFERRED.—A

17 public charter school shall have the right

18 to purchase, lease-purchase, or lease, under

19 the terms described in clause (iii) of sub20 paragraph (C), any facility or property de21 scribed in this paragraph that has not been

22 put out for bid or transferred to a District

23 of Columbia agency by the Mayor as pro24 vided for in this subparagraph.’’.
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1 (c) PREFERENCES FOR USE OF CURRENT PROP2 ERTY.—Section 2209(b)(2) of such Act (sec. 31–

3 2853.19(b)(2), D.C. Code) is amended—

4 (1) in subparagraph (B)(ii), by striking ‘‘pur5 poses,’’ and inserting ‘‘purposes directly related to

6 its mission,’’; and

7 (2) by adding at the end the following new sub8 paragraph:

9 ‘‘(C) PREFERENCE DESCRIBED.—A public

10 charter school shall have first priority to lease,

11 or otherwise contract for the use of, any prop12 erty described in subparagraph (B), at a rate

13 which does not exceed the rate charged a pri14 vate nonprofit entity for the use of a com15 parable property of the District of Columbia

16 public schools and which is reduced to take into

17 account the value of repairs or improvements

18 made to the facility or property by the public

19 charter school.’’.

20 (d) EXERCISE OF PREFERENCES BY OTHER ENTI21 TIES.—Section 2209(b) of such Act (sec. 31–2853.19(b),

22 D.C. Code) is amended by adding at the end the following

23 new paragraph:

24 ‘‘(3) EXERCISE OF PREFERENCE BY CERTAIN

25 OTHER ENTITIES.—A public charter school may del-
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1 egate to a nonprofit, tax-exempt organization in the

2 District of Columbia the public charter school’s au3 thority under this subsection.’’.

4 SEC. 129. (a) MODIFICATION OF CONTRACTING RE5 QUIREMENTS.—

6 (1) CONTRACTS SUBJECT TO NOTICE REQUIRE7 MENTS.—Section 2204(c)(1)(A) of the District of

8 Columbia School Reform Act (sec. 31–

9 2853.14(c)(1)(A), D.C. Code) is amended to read as

10 follows:

11 ‘‘(A) NOTICE REQUIREMENT FOR PRO12 CUREMENT CONTRACTS.—

13 ‘‘(i) IN GENERAL.—Except in the case

14 of an emergency (as determined by the eli15 gible chartering authority of a public char16 ter school), with respect to any procure17 ment contract proposed to be awarded by

18 the public charter school and having a

19 value equal to or exceeding $25,000, the

20 school shall publish a notice of a request

21 for proposals in the District of Columbia

22 Register and newspapers of general cir23 culation not less than 7 days prior to the

24 award of the contract.
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1 ‘‘(ii) EXCEPTION FOR CERTAIN CON2 TRACTS.—The notice requirement of clause

3 (i) shall not apply with respect to any con4 tract for the lease or purchase of real

5 property by a public charter school, any

6 employment contract for a staff member of

7 a public charter school, or any manage8 ment contract entered into by a public

9 charter school and the management com10 pany designated in its charter or its peti11 tion for a revised charter.’’.

12 (2) SUBMISSION OF CONTRACTS TO ELIGIBLE

13 CHARTERING AUTHORITY.—Section 2204(c)(1)(B) of

14 such Act (sec. 31–2853.14(c)(1)(B), D.C. Code) is

15 amended—

16 (A) in the heading, by striking ‘‘AUTHOR17 ITY’’ and inserting ‘‘ELIGIBLE CHARTERING AU18 THORITY’’;

19 (B) in clause (i), by striking ‘‘Authority’’

20 and inserting ‘‘eligible chartering authority’’;

21 and

22 (C) by amending clause (ii) to read as fol23 lows:

24 ‘‘(ii) EFFECTIVE DATE OF CON25 TRACT.—A contract described in subpara-
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1 graph (A) shall become effective on the

2 date that is 10 days after the date the

3 school makes the submission under clause

4 (i) with respect to the contract, or the ef5 fective date specified in the contract,

6 whichever is later.’’.

7 (b) CLARIFICATION OF APPLICATION OF SCHOOL RE8 FORM ACT.—

9 (1) WAIVER OF DUPLICATE AND CONFLICTING

10 PROVISIONS.—Section 2210 of such Act (sec. 31–

11 2853.20, D.C. Code) is amended by adding at the

12 end the following new subsection:

13 ‘‘(d) WAIVER OF APPLICATION OF DUPLICATE AND

14 CONFLICTING PROVISIONS.—Notwithstanding any other

15 provision of law, and except as otherwise provided in this

16 title, no provision of any law regarding the establishment,

17 administration, or operation of public charter schools in

18 the District of Columbia shall apply with respect to a pub19 lic charter school or an eligible chartering authority to the

20 extent that the provision duplicates or is inconsistent with

21 any provision of this title.’’.

22 (2) EFFECTIVE DATE.—The amendments made

23 by this subsection shall take effect as if included in

24 the enactment of the District of Columbia School

25 Reform Act of 1995.
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1 (c) LICENSING REQUIREMENTS FOR PRESCHOOL OR

2 PREKINDERGARTEN PROGRAMS.—

3 (1) IN GENERAL.—Section 2204(c) of such Act

4 (sec. 31–2853.14(c), D.C. Code) is amended by add5 ing at the end the following new paragraph:

6 ‘‘(18) LICENSING AS CHILD DEVELOPMENT

7 CENTER.—A public charter school which offers a

8 preschool or prekindergarten program shall be sub9 ject to the same child care licensing requirements (if

10 any) which apply to a District of Columbia public

11 school which offers such a program.’’.

12 (2) CONFORMING AMENDMENTS.—(A) Section

13 2202 of such Act (sec. 31–2853.12, D.C. Code) is

14 amended by striking clause (17).

15 (B) Section 2203(h)(2) of such Act (sec. 31–

16 2853.13(h)(2), D.C. Code) is amended by striking

17 ‘‘(17),’’.

18 (d) Section 2403 of the District of Columbia School

19 Reform Act of 1995 (sec. 31–2853.43, D.C. Code) is

20 amended by adding at the end the following new sub21 section:

22 ‘‘(c) ASSIGNMENT OF PAYMENTS.—A public charter

23 school may assign any payments made to the school under

24 this section to a financial institution for use as collateral

25 to secure a loan or for the repayment of a loan.’’.
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1 (e) Section 2210 of the District of Columbia School

2 Reform Act of 1995 (sec. 31–2853.20, D.C. Code), as

3 amended by subsection (b), is further amended by adding

4 at the end the following new subsection:

5 ‘‘(e) PARTICIPATION IN GSA PROGRAMS.—

6 ‘‘(1) IN GENERAL.—Notwithstanding any provi7 sion of this Act or any other provision of law, a pub8 lic charter school may acquire goods and services

9 through the General Services Administration and

10 may participate in programs of the Administration

11 in the same manner and to the same extent as any

12 entity of the District of Columbia government.

13 ‘‘(2) PARTICIPATION BY CERTAIN ORGANIZA14 TIONS.—A public charter school may delegate to a

15 nonprofit, tax-exempt organization in the District of

16 Columbia the public charter school’s authority under

17 paragraph (1).’’.

18 SEC. 130. None of the funds appropriated under this

19 Act shall be expended for any abortion except where the

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

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

22 an act of rape or incest.

23 SEC. 131. None of the funds made available in this

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

25 Benefits Expansion Act of 1992 (D.C. Law 9–114; D.C.
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1 Code, sec. 36–1401 et seq.) or to otherwise implement or

2 enforce any system of registration of unmarried, cohab3 iting couples (whether homosexual, heterosexual, or les4 bian), including but not limited to registration for the pur5 pose of extending employment, health, or governmental

6 benefits to such couples on the same basis that such bene7 fits are extended to legally married couples.

8 SEC. 132. The Superintendent of the District of Co9 lumbia Public Schools shall submit to the Congress, the

10 Mayor, the District of Columbia Financial Responsibility

11 and Management Assistance Authority, and the Council

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

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

14 (1) current quarter expenditures and obliga15 tions, year-to-date expenditures and obligations, and

16 total fiscal year expenditure projections versus budg17 et, broken out on the basis of control center, respon18 sibility center, agency reporting code, and object

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

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

21 frozen and the amount of funds frozen, broken out

22 by control center, responsibility center, detailed ob23 ject, and agency reporting code, and for all funding

24 sources;
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1 (3) a list of all active contracts in excess of

2 $10,000 annually, which contains the name of each

3 contractor; the budget to which the contract is

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

5 responsibility center, and agency reporting code; and

6 contract identifying codes used by the District of Co7 lumbia Public Schools; payments made in the last

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

9 contract and total payments made for the contract

10 and any modifications, extensions, renewals; and

11 specific modifications made to each contract in the

12 last month;

13 (4) all reprogramming requests and reports

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

15 the Board of Education; and

16 (5) changes made in the last quarter to the or17 ganizational structure of the District of Columbia

18 Public Schools, displaying previous and current con19 trol centers and responsibility centers, the names of

20 the organizational entities that have been changed,

21 the name of the staff member supervising each enti22 ty affected, and the reasons for the structural

23 change.

24 SEC. 133. (a) IN GENERAL.—The Superintendent of

25 the District of Columbia Public Schools and the University
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1 of the District of Columbia shall annually compile an accu2 rate and verifiable report on the positions and employees

3 in the public school system and the university, respec4 tively. The annual report shall set forth—

5 (1) the number of validated schedule A posi6 tions in the District of Columbia public schools and

7 the University of the District of Columbia for fiscal

8 year 2000, fiscal year 2001, and thereafter on full9 time equivalent basis, including a compilation of all

10 positions by control center, responsibility center,

11 funding source, position type, position title, pay

12 plan, grade, and annual salary; and

13 (2) a compilation of all employees in the Dis14 trict of Columbia public schools and the University

15 of the District of Columbia as of the preceding De16 cember 31, verified as to its accuracy in accordance

17 with the functions that each employee actually per18 forms, by control center, responsibility center, agen19 cy reporting code, program (including funding

20 source), activity, location for accounting purposes,

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

22 position control number.

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

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

25 Congress, the Mayor, the District of Columbia Council,
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1 the Consensus Commission, and the Authority, not later

2 than February 15 of each year.

3 SEC. 134. (a) No later than November 1, 2000, or

4 within 30 calendar days after the date of the enactment

5 of this Act, which ever occurs later, and each succeeding

6 year, the Superintendent of the District of Columbia Pub7 lic Schools and the University of the District of Columbia

8 shall submit to the appropriate congressional committees,

9 the Mayor, the District of Columbia Council, the Con10 sensus Commission, and the District of Columbia Finan11 cial Responsibility and Management Assistance Authority,

12 a revised appropriated funds operating budget for the pub13 lic school system and the University of the District of Co14 lumbia for such fiscal year that is in the total amount

15 of the approved appropriation and that realigns budgeted

16 data for personal services and other-than-personal serv17 ices, respectively, with anticipated actual expenditures.

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

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

20 that the Superintendent of the District of Columbia Public

21 Schools and the University of the District of Columbia

22 submit to the Mayor of the District of Columbia for inclu23 sion in the Mayor’s budget submission to the Council of

24 the District of Columbia pursuant to section 442 of the
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1 District of Columbia Home Rule Act (Public Law 93–198;

2 D.C. Code, sec. 47–301).

3 SEC. 135. The District of Columbia Financial Re4 sponsibility and Management Assistance Authority, acting

5 on behalf of the District of Columbia Public Schools

6 (DCPS) in formulating the DCPS budget, the Board of

7 Trustees of the University of the District of Columbia, the

8 Board of Library Trustees, and the Board of Governors

9 of the University of the District of Columbia School of

10 Law shall vote on and approve the respective annual or

11 revised budgets for such entities before submission to the

12 Mayor of the District of Columbia for inclusion in the

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

14 of Columbia in accordance with section 442 of the District

15 of Columbia Home Rule Act (Public Law 93–198; D.C.

16 Code, sec. 47–301), or before submitting their respective

17 budgets directly to the Council.

18 SEC. 136. (a) ACCEPTANCE AND USE OF GRANTS

19 NOT INCLUDED IN CEILING UNDER ‘‘DIVISION OF EX20 PENSES’’.—

21 (1) IN GENERAL.—The Mayor, in consultation

22 with the Chief Financial Officer, during a control

23 year, as defined in section 305(4) of the District of

24 Columbia Financial Responsibility and Management

25 Assistance Act of 1995 (Public Law 104–8; 109
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1 Stat. 152), may accept, obligate, and expend Fed2 eral, private, and other grants received by the Dis3 trict government that are not reflected in the

4 amounts appropriated in this Act.

5 (2) REQUIREMENT OF CHIEF FINANCIAL OFFI6 CER REPORT AND AUTHORITY APPROVAL.—No such

7 Federal, private, or other grant may be accepted, ob8 ligated, or expended pursuant to paragraph (1)

9 until—

10 (A) the Chief Financial Officer of the Dis11 trict of Columbia submits to the Authority a re12 port setting forth detailed information regard13 ing such grant; and

14 (B) the Authority has reviewed and ap15 proved the acceptance, obligation, and expendi16 ture of such grant in accordance with review

17 and approval procedures consistent with the

18 provisions of the District of Columbia Financial

19 Responsibility and Management Assistance Act

20 of 1995.

21 (3) PROHIBITION ON SPENDING IN ANTICIPA22 TION OF APPROVAL OR RECEIPT.—No amount may

23 be obligated or expended from the general fund or

24 other funds of the District government in anticipa25 tion of the approval or receipt of a grant under
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1 paragraph (2)(B) of this subsection or in anticipa2 tion of the approval or receipt of a Federal, private,

3 or other grant not subject to such paragraph.

4 (4) QUARTERLY REPORTS.—The Chief Finan5 cial Officer of the District of Columbia shall prepare

6 a quarterly report setting forth detailed information

7 regarding all Federal, private, and other grants sub8 ject to this subsection. Each such report shall be

9 submitted to the Council of the District of Columbia,

10 and to the Committees on Appropriations of the

11 House of Representatives and the Senate, not later

12 than 15 days after the end of the quarter covered

13 by the report.

14 (b) REPORT ON EXPENDITURES BY FINANCIAL RE15 SPONSIBILITY AND MANAGEMENT ASSISTANCE AUTHOR16 ITY.—Not later than 20 calendar days after the end of

17 each fiscal quarter starting October 1, 2000, the Authority

18 shall submit a report to the Committees on Appropriations

19 of the House of Representatives and the Senate, the Com20 mittee on Government Reform of the House, and the Com21 mittee on Governmental Affairs of the Senate providing

22 an itemized accounting of all non-appropriated funds obli23 gated or expended by the Authority for the quarter. The

24 report shall include information on the date, amount, pur25 pose, and vendor name, and a description of the services
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1 or goods provided with respect to the expenditures of such

2 funds.

3 SEC. 137. If a department or agency of the govern4 ment of the District of Columbia is under the administra5 tion of a court-appointed receiver or other court-appointed

6 official during fiscal year 2001 or any succeeding fiscal

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

8 the Mayor, for inclusion in the annual budget of the Dis9 trict of Columbia for the year, annual estimates of the

10 expenditures and appropriations necessary for the mainte11 nance and operation of the department or agency. All such

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

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

14 District of Columbia Home Rule Act, without revision but

15 subject to the Mayor’s recommendations. Notwithstanding

16 any provision of the District of Columbia Home Rule Act

17 (87 Stat. 774; Public Law 93–198) the Council may com18 ment or make recommendations concerning such annual

19 estimates but shall have no authority under such Act to

20 revise such estimates.

21 SEC. 138. (a) Notwithstanding any other provision

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

23 Columbia public schools shall be—

24 (1) classified as an Educational Service em25 ployee;
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1 (2) placed under the personnel authority of the

2 Board of Education; and

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

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

5 competitive area from nonschool-based personnel who shall

6 not compete with school-based personnel for retention pur7 poses.

8 SEC. 139. (a) RESTRICTIONS ON USE OF OFFICIAL

9 VEHICLES.—Except as otherwise provided in this section,

10 none of the funds made available by this Act or by any

11 other Act may be used to provide any officer or employee

12 of the District of Columbia with an official vehicle unless

13 the officer or employee uses the vehicle only in the per14 formance of the officer’s or employee’s official duties. For

15 purposes of this paragraph, the term ‘‘official duties’’ does

16 not include travel between the officer’s or employee’s resi17 dence and workplace (except: (1) in the case of an officer

18 or employee of the Metropolitan Police Department who

19 resides in the District of Columbia or is otherwise des20 ignated by the Chief of the Department; (2) at the discre21 tion of the Fire Chief, an officer or employee of the Dis22 trict of Columbia Fire and Emergency Medical Services

23 Department who resides in the District of Columbia and

24 is on call 24 hours a day; (3) the Mayor of the District
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1 of Columbia; and (4) the Chairman of the Council of the

2 District of Columbia).

3 (b) INVENTORY OF VEHICLES.—The Chief Financial

4 Officer of the District of Columbia shall submit, by No5 vember 15, 2000, an inventory, as of September 30, 2000,

6 of all vehicles owned, leased or operated by the District

7 of Columbia government. The inventory shall include, but

8 not be limited to, the department to which the vehicle is

9 assigned; the year and make of the vehicle; the acquisition

10 date and cost; the general condition of the vehicle; annual

11 operating and maintenance costs; current mileage; and

12 whether the vehicle is allowed to be taken home by a Dis13 trict officer or employee and if so, the officer or employee’s

14 title and resident location.

15 SEC. 140. (a) SOURCE OF PAYMENT FOR EMPLOY16 EES DETAILED WITHIN GOVERNMENT.—For purposes of

17 determining the amount of funds expended by any entity

18 within the District of Columbia government during fiscal

19 year 2001 and each succeeding fiscal year, any expendi20 tures of the District government attributable to any officer

21 or employee of the District government who provides serv22 ices which are within the authority and jurisdiction of the

23 entity (including any portion of the compensation paid to

24 the officer or employee attributable to the time spent in

25 providing such services) shall be treated as expenditures
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1 made from the entity’s budget, without regard to whether

2 the officer or employee is assigned to the entity or other3 wise treated as an officer or employee of the entity.

4 (b) MODIFICATION OF REDUCTION IN FORCE PROCE5 DURES.—The District of Columbia Government Com6 prehensive Merit Personnel Act of 1978 (D.C. Code, sec.

7 1–601.1 et seq.), is further amended in section 2408(a)

8 by striking ‘‘2000’’ and inserting, ‘‘2001’’; in subsection

9 (b), by striking ‘‘2000’’ and inserting ‘‘2001’’; in sub10 section (i), by striking ‘‘2000’’ and inserting, ‘‘2001’’; and

11 in subsection (k), by striking ‘‘2000’’ and inserting,

12 ‘‘2001’’.

13 (c) No officer or employee of the District of Columbia

14 government (including any independent agency of the Dis15 trict but excluding the District of Columbia Financial Re16 sponsibility and Management Assistance Authority, the

17 Metropolitan Police Department, and the Office of the

18 Chief Technology Officer) may enter into an agreement

19 in excess of $2,500 for the procurement of goods or serv20 ices on behalf of any entity of the District government

21 until the officer or employee has conducted an analysis

22 of how the procurement of the goods and services involved

23 under the applicable regulations and procedures of the

24 District government would differ from the procurement of

25 the goods and services involved under the Federal supply
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1 schedule and other applicable regulations and procedures

2 of the General Services Administration, including an anal3 ysis of any differences in the costs to be incurred and the

4 time required to obtain the goods or services.

5 SEC. 141. Notwithstanding any other provision of

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

7 of Columbia Public Schools (DCPS) student is referred

8 for evaluation or assessment—

9 (1) the District of Columbia Board of Edu10 cation or its successor, and DCPS shall assess or

11 evaluate a student who may have a disability and

12 who may require special education services; and

13 (2) if a student is classified as having a dis14 ability, as defined in section 101(a)(1) of the Indi15 viduals with Disabilities Education Act (84 Stat.

16 175; 20 U.S.C. 1401(a)(1)) or in section 7(8) of the

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

18 706(8)), the Board and DCPS shall place that stu19 dent in an appropriate program of special education

20 services.

21 SEC. 142. (a) COMPLIANCE WITH BUY AMERICAN

22 ACT.—None of the funds made available in this Act may

23 be expended by an entity unless the entity agrees that in

24 expending the funds the entity will comply with the Buy

25 American Act (41 U.S.C. 10a–10c).
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1 (b) SENSE OF THE CONGRESS; REQUIREMENT RE2 GARDING NOTICE.—

3 (1) PURCHASE OF AMERICAN-MADE EQUIPMENT

4 AND PRODUCTS.—In the case of any equipment or

5 product that may be authorized to be purchased

6 with financial assistance provided using funds made

7 available in this Act, it is the sense of the Congress

8 that entities receiving the assistance should, in ex9 pending the assistance, purchase only American10 made equipment and products to the greatest extent

11 practicable.

12 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—

13 In providing financial assistance using funds made

14 available in this Act, the head of each agency of the

15 Federal or District of Columbia government shall

16 provide to each recipient of the assistance a notice

17 describing the statement made in paragraph (1) by

18 the Congress.

19 (c) PROHIBITION OF CONTRACTS WITH PERSONS

20 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

21 If it has been finally determined by a court or Federal

22 agency that any person intentionally affixed a label bear23 ing a ‘‘Made in America’’ inscription, or any inscription

24 with the same meaning, to any product sold in or shipped

25 to the United States that is not made in the United
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1 States, the person shall be ineligible to receive any con2 tract or subcontract made with funds made available in

3 this Act, pursuant to the debarment, suspension, and ineli4 gibility procedures described in sections 9.400 through

5 9.409 of title 48, Code of Federal Regulations.

6 SEC. 143. None of the funds contained in this Act

7 may be used for purposes of the annual independent audit

8 of the District of Columbia government (including the Dis9 trict of Columbia Financial Responsibility and Manage10 ment Assistance Authority) for fiscal year 2000 unless—

11 (1) the audit is conducted by the Inspector

12 General of the District of Columbia pursuant to sec13 tion 208(a)(4) of the District of Columbia Procure14 ment Practices Act of 1985 (D.C. Code, sec. 1–

15 1182.8(a)(4)); and

16 (2) the audit includes a comparison of audited

17 actual year-end results with the revenues submitted

18 in the budget document for such year and the appro19 priations enacted into law for such year.

20 SEC. 144. Nothing in this Act shall be construed to

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

22 programs or functions for which a reorganization plan is

23 required but has not been approved by the District of Co24 lumbia Financial Responsibility and Management Assist25 ance Authority. Appropriations made by this Act for such
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1 programs or functions are conditioned only on the ap2 proval by the Authority of the required reorganization

3 plans.

4 SEC. 145. Notwithstanding any other provision of

5 law, rule, or regulation, the evaluation process and instru6 ments for evaluating District of Columbia Public School

7 employees shall be a non-negotiable item for collective bar8 gaining purposes.

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

10 may be used by the District of Columbia Corporation

11 Counsel or any other officer or entity of the District gov12 ernment to provide assistance for any petition drive or civil

13 action which seeks to require Congress to provide for vot14 ing representation in Congress for the District of Colum15 bia.

16 SEC. 147. None of the funds contained in this Act

17 may be used to transfer or confine inmates classified above

18 the medium security level, as defined by the Federal Bu19 reau of Prisons classification instrument, to the Northeast

20 Ohio Correctional Center located in Youngstown, Ohio.

21 SEC. 148. (a) Section 202(j) of the District of Colum22 bia Financial Responsibility and Management Assistance

23 Act of 1995 (sec. 47–392.2(j), D.C. Code), as amended

24 by section 148(a) of the District of Columbia Appropria25 tions Act, 2000, is amended to read as follows:
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1 ‘‘(j) RESERVE.—

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

3 2000, the financial plan or budget submitted pursu4 ant to this Act shall contain $150,000,000, to re5 main available until expended, for a reserve to be es6 tablished by the Mayor, Council of the District of

7 Columbia, Chief Financial Officer for the District of

8 Columbia, and the District of Columbia Financial

9 Responsibility and Management Assistance Author10 ity.

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

12 funds—

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

14 criteria established by the Chief Financial Offi15 cer and approved by the Mayor, Council of the

16 District of Columbia, and District of Columbia

17 Financial Responsibility and Management As18 sistance Authority;

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

20 of the District of Columbia government under

21 court ordered receivership; and

22 ‘‘(C) shall not be used to fund shortfalls in

23 the projected reductions budgeted in the budget

24 proposed by the District of Columbia govern25 ment for general supply schedule savings, man-
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1 agement reform savings, and cafeteria plan sav2 ings.

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

4 shall notify the Committees on Appropriations of the

5 Senate and House of Representatives in writing 30

6 days in advance of any expenditure of the reserve

7 funds.

8 ‘‘(4) REPLENISHMENT.—Any amount of the re9 serve funds which is expended in 1 fiscal year shall

10 be replenished in the reserve funds from the fol11 lowing fiscal year appropriations to maintain the

12 $150,000,000 balance.’’.

13 (b) Section 202(k) of such Act (sec. 47–392.2(k),

14 D.C. Code), as amended by section 148(b) of the District

15 of Columbia Appropriations Act, 2000, is amended to read

16 as follows:

17 ‘‘(k) POSITIVE FUND BALANCE.—

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

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

20 positive fund balance in the general fund of not less

21 than 4 percent of the projected general fund expend22 itures for the following fiscal year.

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

24 excess of the amounts required by paragraph (1)—
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1 ‘‘(A) not more than 50 percent may be

2 used for authorized non-recurring expenses; and

3 ‘‘(B) not less than 50 percent shall be used

4 to reduce the debt of the District of Colum5 bia.’’.

6 (c) The amendments made by this section shall take

7 effect as if included in the enactment of the District of

8 Columbia Appropriations Act, 2000.

9 SEC. 149. Subsection 3(e) of Public Law 104–21

10 (D.C. Code sec. 7–134.2(e)) is amended to read as follows:

11 ‘‘(e) INSPECTOR GENERAL AUDIT.—Not later than

12 February 1, 2001, and each February 1, thereafter, the

13 Inspector General of the District of Columbia shall audit

14 the financial statements of the District of Columbia High15 way Trust Fund for the preceding fiscal year and shall

16 submit to Congress a report on the results of such audit.

17 Not later than May 31, 2001, and each May 31, there18 after, the Inspector General shall examine the statements

19 forecasting the conditions and operations of the Trust

20 Fund for the next 5 fiscal years commencing on the pre21 vious October 1 and shall submit to Congress a report on

22 the results of such examination.’’.

23 SEC. 150. None of the funds contained in this Act

24 may be used for any program of distributing sterile nee-
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1 dles or syringes for the hypodermic injection of any illegal

2 drug.

3 SEC. 151. (a) RESTRICTIONS ON LEASES.—Upon the

4 expiration of the 60-day period that begins on the date

5 of the enactment of this Act, none of the funds contained

6 in this Act may be used to make rental payments under

7 a lease for the use of real property by the District of Co8 lumbia government (including any independent agency of

9 the District) unless the lease and an abstract of the lease

10 have been filed (by the District of Columbia or any other

11 party to the lease) with the central office of the Deputy

12 Mayor for Economic Development, in an indexed registry

13 available for public inspection.

14 (b) ADDITIONAL RESTRICTIONS ON CURRENT

15 LEASES.—

16 (1) IN GENERAL.—Upon the expiration of the

17 60-day period that begins on the date of the enact18 ment of this Act, in the case of a lease described in

19 paragraph (3), none for the funds contained in this

20 Act may be used to make rental payments under the

21 lease unless the lease is included in periodic reports

22 submitted by the Mayor and Council of the District

23 of Columbia to the Committees on Appropriations of

24 the House of Representatives and Senate describing

25 for each such lease the following information:
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1 (A) The location of the property involved,

2 the name of the owners of record according to

3 the land records of the District of Columbia,

4 the name of the lessors according to the lease,

5 the rate of payment under the lease, the period

6 of time covered by the lease, and the conditions

7 under which the lease may be terminated.

8 (B) The extent to which the property is or

9 is not occupied by the District of Columbia gov10 ernment as of the end of the reporting period

11 involved.

12 (C) If the property is not occupied and uti13 lized by the District government as of the end

14 of the reporting period involved, a plan for oc15 cupying and utilizing the property (including

16 construction or renovation work) or a status

17 statement regarding any efforts by the District

18 to terminate or renegotiate the lease.

19 (2) TIMING OF REPORTS.—The reports de20 scribed in paragraph (1) shall be submitted for each

21 calendar quarter (beginning with the quarter ending

22 December 31, 2000) not later than 20 days after the

23 end of the quarter involved, plus an initial report

24 submitted not later than 60 days after the date of
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1 the enactment of this Act, which shall provide infor2 mation as of the date of the enactment of this Act.

3 (3) LEASES DESCRIBED.—A lease described in

4 this paragraph is a lease in effect as of the date of

5 the enactment of this Act for the use of real prop6 erty by the District of Columbia government (includ7 ing any independent agency of the District) which is

8 not being occupied by the District government (in9 cluding any independent agency of the District) as

10 of such date or during the 60-day period which be11 gins on the date of the enactment of this Act.

12 SEC. 152. (a) MANAGEMENT OF EXISTING DISTRICT

13 GOVERNMENT PROPERTY.—Upon the expiration of the

14 60-day period that begins on the date of the enactment

15 of this Act, none of the funds contained in this Act may

16 be used to enter into a lease (or to make rental payments

17 under such a lease) for the use of real property by the

18 District of Columbia government (including any inde19 pendent agency of the District) or to purchase real prop20 erty for the use of District of Columbia government (in21 cluding any independent agency of the District) or to man22 age real property for the use of the District of Columbia

23 (including any independent agency of the District) unless

24 the following conditions are met:
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1 (1) The Mayor and Council of the District of

2 Columbia certify to the Committees on Appropria3 tions of the House of Representatives and Senate

4 that existing real property available to the District

5 (whether leased or owned by the District govern6 ment) is not suitable for the purposes intended.

7 (2) Notwithstanding any other provisions of

8 law, there is made available for sale or lease all real

9 property of the District of Columbia that the Mayor

10 from time to time determines is surplus to the needs

11 of the District of Columbia, unless a majority of the

12 members of the Council override the Mayor’s deter13 mination during the 30day period which begins on

14 the date the determination is published.

15 (3) The Mayor and Council implement a pro16 gram for the periodic survey of all District property

17 to determine if it is surplus to the needs of the Dis18 trict.

19 (4) The Mayor and Council within 60 days of

20 the date of the enactment of this Act have filed with

21 the Committees on Appropriations of the House of

22 Representatives and Senate, the Committee on Gov23 ernment Reform of the House of Representatives,

24 and the Committee on Governmental Affairs of the

25 Senate a report which provides a comprehensive plan
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1 for the management of District of Columbia real

2 property assets, and are proceeding with the imple3 mentation of the plan.

4 (b) TERMINATION OF PROVISIONS.—If the District

5 of Columbia enacts legislation to reform the practices and

6 procedures governing the entering into of leases for the

7 use of real property by the District of Columbia govern8 ment and the disposition of surplus real property of the

9 District government, the provisions of subsection (a) shall

10 cease to be effective upon the effective date of the legisla11 tion.

12 SEC. 153. (a) CERTIFICATION.—None of the funds

13 contained in this Act may be used after the expiration of

14 the 30-day period that begins on the date of the enactment

15 of this Act to pay the salary of any chief financial officer

16 of any office of the District of Columbia government (in17 cluding the District of Columbia Financial Responsibility

18 and Management Assistance Authority and any inde19 pendent agency of the District) who has not filed a certifi20 cation with the Mayor and the Chief Financial Officer of

21 the District of Columbia that the officer understands the

22 duties and restrictions applicable to the officer as a result

23 of this Act (and the amendments made by this Act), in24 cluding any duty to prepare a report requested either in

25 the Act or in any of the reports accompanying the Act
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1 and the deadline by which each report must be submitted,

2 and the District’s Chief Financial Officer shall provide to

3 the Committees on Appropriations of the Senate and the

4 House of Representatives by the 10th day after the end

5 of each quarter a summary list showing each report, the

6 due date and the date submitted to the Committees.

7 (b) PENALTY.—Any chief financial officer who car8 ries out any activity in violation of any provision of this

9 Act or any amendment made by this Act shall be subject

10 to a civil money penalty in accordance with applicable Dis11 trict of Columbia law.

12 SEC. 154. (a) Notwithstanding the provisions of the

13 District of Columbia Government Comprehensive Merit

14 Personnel Act of 1978 (D.C. Law 2–139; D.C. Code 1–

15 601.1 et seq.), or any other District of Columbia law, stat16 ute, regulation, the provisions of the District of Columbia

17 Personnel Manual, or the provisions of any collective bar18 gaining agreement, employees of the District of Columbia

19 government will only receive compensation for overtime

20 work in excess of 40 hours per week (or other applicable

21 tour of duty) or work actually performed, in accordance

22 with the provisions of the Fair Labor Standards Act, 29

23 U.S.C. 201 et seq.

24 (b) Subsection (a) of this section shall be effective

25 December 27, 1996 in order to ratify and approve the Res-
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1 olution and Order of the District of Columbia Financial

2 Responsibility and Management Assistance Authority,

3 dated December 27, 1996.

4 SEC. 155. The proposed budget of the government

5 of the District of Columbia for fiscal year 2002 that is

6 submitted by the District to Congress shall specify poten7 tial adjustments that might become necessary in the event

8 that the management savings achieved by the District dur9 ing the year do not meet the level of management savings

10 projected by the District under the proposed budget.

11 SEC. 156. In submitting any document showing the

12 budget for an office of the District of Columbia govern13 ment (including an independent Agency of the District)

14 that contains a category of activities labeled as ‘‘other’’,

15 ‘‘miscellaneous’’, or a similar general, nondescriptive term,

16 the document shall include a description of the types of

17 activities covered in the category and a detailed breakdown

18 of the amount allocated for each such activity.

19 SEC. 157. (a) None of the funds contained in this

20 Act may be used to enact or carry out any law, rule, or

21 regulation to legalize or otherwise reduce penalties associ22 ated with the possession, use, or distribution of any sched23 ule I substance under the Controlled Substances Act (21

24 U.S.C. 802) or any tetrahydrocannabinols derivative.
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1 (b) The Legalization of Marijuana for Medical Treat2 ment Initiative of 1998, also know as Initiative 59, ap3 proved by the electors of the District of Columbia on No4 vember 3, 1998, shall not take effect.

5 SEC. 158. Notwithstanding any other provision of

6 law, the Mayor of the District of Columbia, in consultation

7 with the committee established under section 603(e)(2)(B)

8 of the Student Loan Marketing Association Reorganiza9 tion Act of 1996 (Public Law 104–208; 110 Stat. 8009–

10 293, as amended by Public Law 106–113; 113 Stat.

11 1526), is hereby authorized to allocate the District’s limi12 tation amount of qualified zone academy bonds (estab13 lished pursuant to 26 U.S.C. 1397E) among qualified

14 zone academies within the District.

15 SEC. 159. (a) Section 11232 of the Balanced Budget

16 Act of 1997 (sec. 24–1232, D.C. Code) is amended—

17 (1) by redesignating subsections (f) through (i)

18 as subsections (g) through (j); and

19 (2) by inserting after subsection (e) the fol20 lowing new subsection:

21 ‘‘(f) TREATMENT AS FEDERAL EMPLOYEES.—

22 ‘‘(1) IN GENERAL.—The Trustee and employees

23 of the Trustee who are not covered under subsection

24 (e) shall be treated as employees of the Federal Gov-
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1 ernment solely for purposes of the following provi2 sions of title 5, United States Code:

3 ‘‘(A) Chapter 83 (relating to retirement).

4 ‘‘(B) Chapter 84 (relating to the Federal

5 Employees’ Retirement System).

6 ‘‘(C) Chapter 87 (relating to life insur7 ance).

8 ‘‘(D) Chapter 89 (relating to health insur9 ance).

10 ‘‘(2) EFFECTIVE DATES OF COVERAGE.—The

11 effective dates of coverage of the provisions of para12 graph (1) are as follows:

13 ‘‘(A) In the case of the Trustee and em14 ployees of the Office of the Trustee and the Of15 fice of Adult Probation, August 5, 1997, or the

16 date of appointment, whichever is later.

17 ‘‘(B) In the case of employees of the Office

18 of Parole, October 11, 1998, or the date of ap19 pointment, whichever is later.

20 ‘‘(C) In the case of employees of the Pre21 trial Services Agency, January 3, 1999, or the

22 date of appointment, whichever is later.

23 ‘‘(3) RATE OF CONTRIBUTIONS.—The Trustee

24 shall make contributions under the provisions re-
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1 ferred to in paragraph (1) at the same rates applica2 ble to agencies of the Federal Government.

3 ‘‘(4) REGULATIONS.—The Office of Personnel

4 Management shall issue such regulations as are nec5 essary to carry out this subsection.’’.

6 (b) The amendment made by subsection (a) shall take

7 effect as if included in the enactment of title XI of the

8 Balanced Budget Act of 1997.

9 SEC. 160. It is the sense of the Congress that the

10 patients of Saint Elizabeths Hospital and the taxpayers

11 of the District of Columbia are being poorly served by the

12 current facilities and management of the Hospital.

13 SEC. 161. It is the sense of the Congress that the

14 District of Columbia Financial Responsibility and Man15 agement Assistance Authority should quickly complete the

16 sale of the Franklin School property, a property which has

17 been vacant for over 20 years.

18 SEC. 162. It is the sense of the Congress that the

19 District of Columbia government should take all steps nec20 essary to ensure that officials of the District government

21 (including officials of the District of Columbia Financial

22 Responsibility and Management Assistance Authority,

23 independent agencies, boards, commissions, and corpora24 tions of the government) maintain a fiduciary duty to the
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1 taxpayers of the District in the administration of funds

2 under their control.

3 SEC. 163. No amounts may be made available during

4 fiscal year 2001 to the District of Columbia Health and

5 Hospitals Public Benefit Corporation (through reprogram6 ming, transfers, loans, or any other mechanism) other

7 than the amounts which are otherwise provided for the

8 Corporation in this Act under the heading ‘‘DISTRICT OF

9 COLUMBIA HEALTH AND HOSPITALS PUBLIC BENEFIT

10 CORPORATION’’.

11 SEC. 164. (a) For each payment or group of pay12 ments made by or on behalf of the District of Columbia

13 Health and Hospitals Public Benefit Corporation, the

14 Chief Financial Officer of the District of Columbia shall

15 sign an affidavit certifying that the making of the pay16 ment does not constitute a violation of any provision of

17 subchapter III of chapter 13 of title 31, United States

18 Code, or of any provision of this Act.

19 (b) More than one payment may be covered by the

20 same affidavit under subsection (a), but a single affidavit

21 may not cover more than one week’s worth of payments.

22 (c) It shall be unlawful for any person to order any

23 other person to sign any affidavit required under this sec24 tion, or for any person to provide any signature required
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1 under this section on such an affidavit by proxy or by ma2 chine, computer, or other facsimile device.

3 SEC. 165. The District of Columbia Health and Hos4 pitals Public Benefit Corporation may not obligate or ex5 pend any amounts during fiscal year 2001 unless (at the

6 time of the obligation or expenditure) the Corporation cer7 tifies that the obligation or expenditure is within the budg8 et authority provided to the Corporation in this Act.

9 SEC. 166. Nothing in this Act bars the District of

10 Columbia Corporation Counsel from reviewing or com11 menting on briefs in private lawsuits, or from consulting

12 with officials of the District government regarding such

13 lawsuits.

14 SEC. 167. Nothing in this section may be construed

15 to prevent the Council or Mayor of the District of Colum16 bia from addressing the issue of the provision of contra17 ceptive coverage by health insurance plans, but it is the

18 intent of Congress that any legislation enacted on such

19 issue should include a ‘‘conscience clause’’ which provides

20 exceptions for religious beliefs and moral convictions.

21 SEC. 168. (a) Chapter 23 of title 11, District of Co22 lumbia, is hereby repealed.

23 (b) The table of chapters for title 11, District of Co24 lumbia, is amended by striking the item relating to chap25 ter 23.
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1 (c) The amendments made by this section shall take

2 effect on the date on which legislation enacted by the

3 Council of the District of Columbia to establish the Office

4 of the Chief Medical Examiner in the executive branch of

5 the government of the District of Columbia takes effect.

6 PROMPT PAYMENT OF APPOINTED COUNSEL

7 SEC. 169. (a) ASSESSMENT OF INTEREST FOR DE8 LAYED PAYMENTS.—If the Superior Court of the District

9 of Columbia or the District of Columbia Court of Appeals

10 does not make a payment described in subsection (b) prior

11 to the expiration of the 45-day period which begins on the

12 date the Court receives a completed voucher for a claim

13 for the payment, interest shall be assessed against the

14 amount of the payment which would otherwise be made

15 to take into account the period which begins on the day

16 after the expiration of such 45-day period and which ends

17 on the day the Court makes the payment.

18 (b) PAYMENTS DESCRIBED.—A payment described in

19 this subsection is—

20 (1) a payment authorized under section 11–

21 2604 and section 11–2605, D.C. Code (relating to

22 representation provided under the District of Colum23 bia Criminal Justice Act);

24 (2) a payment for counsel appointed in pro25 ceedings in the Family Division of the Superior
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1 Court of the District of Columbia under chapter 23

2 of title 16, D.C. Code; or

3 (3) a payment for counsel authorized under sec4 tion 21–2060, D.C. Code (relating to representation

5 provided under the District of Columbia Guardian6 ship, Protective Proceedings, and Durable Power of

7 Attorney Act of 1986).

8 (c) STANDARDS FOR SUBMISSION OF COMPLETED

9 VOUCHERS.—The chief judges of the Superior Court of

10 the District of Columbia and the District of Columbia

11 Court of Appeals shall establish standards and criteria for

12 determining whether vouchers submitted for claims for

13 payments described in subsection (b) are complete, and

14 shall publish and make such standards and criteria avail15 able to attorneys who practice before such Courts.

16 (d) RULE OF CONSTRUCTION.—Nothing in this sec17 tion shall be construed to require the assessment of inter18 est against any claim (or portion of any claim) which is

19 denied by the Court involved.

20 (e) EFFECTIVE DATE.—This section shall apply with

21 respect to claims received by the Superior Court of the

22 District of Columbia or the District of Columbia Court

23 of Appeals after the expiration of the 90-day period which

24 begins on the date of the enactment of this Act.
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1 SEC. 170. (a) No person may distribute any needle

2 or syringe for the hypodermic injection of any illegal drug

3 in any area of the District of Columbia which is within

4 1000 feet of a public or private day care center, elemen5 tary school, vocational school, secondary school, college,

6 junior college, or university, or any public housing project,

7 public swimming pool, park, playground, video arcade, or

8 youth center, or an event sponsored by any such entity.

9 (b) Whoever violates subsection (a) shall be fined not

10 more than $500 for each needle or syringe distributed in

11 violation of such subsection.

12 (c) Notwithstanding any other provision of law, any

13 amount collected by the District of Columbia pursuant to

14 subsection (b) shall be deposited in a separate account of

15 the General Fund of the District of Columbia and used

16 exclusively to carry out (either directly or by contract)

17 drug prevention or treatment programs. For purposes of

18 this subsection, no program of distributing sterile needles

19 or syringes for the hypodermic injection of any illegal drug

20 may be considered a drug prevention or treatment pro21 gram.

22 BANNING POSSESSION OF TOBACCO PRODUCTS BY

23 MINORS

24 SEC. 171. (a) IN GENERAL.—It shall be unlawful for

25 any individual under 18 years of age to possess any ciga26 rette or other tobacco product in the District of Columbia.
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1 (b) EXCEPTIONS.—

2 (1) POSSESSION IN COURSE OF EMPLOY3 MENT.—Subsection (a) shall not apply with respect

4 to an individual making a delivery of cigarettes or

5 tobacco products in pursuance of employment.

6 (2) PARTICIPATION IN LAW ENFORCEMENT OP7 ERATION.—Subsection (a) shall not apply with re8 spect to an individual possessing products in the

9 course of a valid, supervised law enforcement oper10 ation.

11 (c) PENALTIES.—Any individual who violates sub12 section (a) shall be subject to the following penalties:

13 (1) For any violation, the individual may be re14 quired to perform community service or attend a to15 bacco cessation program.

16 (2) Upon the first violation, the individual shall

17 be subject to a civil penalty not to exceed $50.

18 (3) Upon the second and each subsequent viola19 tion, the individual shall be subject to a civil penalty

20 not to exceed $100.

21 (4) Upon the third and each subsequent viola22 tion, the individual may have his or her driving

23 privileges in the District of Columbia suspended for

24 a period of 90 consecutive days.
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1 (d) EFFECTIVE DATE.—This section shall apply dur2 ing fiscal year 2001 and each succeeding fiscal year.

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

4 Appropriations Act, 2001’’.

5 That the following sums are appropriated, out of any

6 money in the Treasury not otherwise appropriated, for the

7 District of Columbia for the fiscal year ending September

8 30, 2001, and for other purposes, namely:

9 FEDERAL FUNDS

10 FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

11 For a Federal payment to the District of Columbia

12 for a nationwide program to be administered by the Mayor

13 for District of Columbia resident tuition support,

14 $17,000,000, to remain available until expended: Provided,

15 That such funds may be used on behalf of eligible District

16 of Columbia residents to pay an amount based upon the

17 difference between in-State and out-of-State tuition at pub18 lic institutions of higher education, usable at both public

19 and private institutions of higher education: Provided fur20 ther, That the awarding of such funds may be prioritized

21 on the basis of a resident’s academic merit and such other

22 factors as may be authorized.
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1 FEDERAL PAYMENT FOR INCENTIVES FOR ADOPTION OF

2 CHILDREN

3 The paragraph under the heading ‘‘Federal Payment

4 for Incentives for Adoption of Children’’ in Public Law

5 106–113, approved November 29, 1999 (113 Stat. 1501),

6 is amended to read as follows: ‘‘For a Federal payment to

7 the District of Columbia to create incentives to promote the

8 adoption of children in the District of Columbia foster care

9 system, $5,000,000: Provided, That such funds shall remain

10 available until September 30, 2002, and shall be used to

11 carry out all of the provisions of title 38, except for section

12 3808, of the Fiscal Year 2001 Budget Support Act of 2000,

13 D.C. Bill 13–679, enrolled June 12, 2000.’’.

14 FEDERAL PAYMENT FOR COMMERCIAL REVITALIZATION

15 PROGRAM

16 For a Federal payment to the District of Columbia,

17 $1,500,000, to remain available until expended, for the

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

19 Columbia, to provide offsets against local taxes for a com20 mercial revitalization program, such program to provide fi21 nancial inducements, including loans, grants, offsets to

22 local taxes and other instruments that promote commercial

23 revitalization in Enterprise Zones and low and moderate

24 income areas in the District of Columbia: Provided, That

25 in carrying out such a program, the Mayor shall use Fed-
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1 eral commercial revitalization proposals introduced in Con2 gress as a guideline: Provided further, That not later than

3 180 days after the date of the enactment of this Act, the

4 Mayor shall report to the Committees on Appropriations

5 of the Senate and House of Representatives on the progress

6 made in carrying out the commercial revitalization pro7 gram.

8 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

9 PUBLIC SCHOOLS

10 For a Federal payment to the District of Columbia

11 Public Schools, $500,000: Provided, That $250,000 of said

12 amount shall be used for a program to reduce school vio13 lence: Provided further, That $250,000 of said amount shall

14 be used for a program to enhance the reading skills of Dis15 trict public school students.

16 FEDERAL PAYMENT TO COVENANT HOUSE WASHINGTON

17 For a Federal payment to Covenant House Wash18 ington for a contribution to the construction in Southeast

19 Washington of a new community service center for homeless,

20 runaway and at-risk youth, $500,000.

21 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

22 CORRECTIONS TRUSTEE OPERATIONS

23 For salaries and expenses of the District of Columbia

24 Corrections Trustee, $134,200,000 for the administration

25 and operation of correctional facilities and for the adminis-
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1 trative operating costs of the Office of the Corrections Trust2 ee, as authorized by section 11202 of the National Capital

3 Revitalization and Self-Government Improvement Act of

4 1997 (Public Law 105–33; 111 Stat. 712) of which

5 $1,000,000 is to fund an initiative to improve case proc6 essing in the District of Columbia criminal justice system:

7 Provided, That notwithstanding any other provision of law,

8 funds appropriated in this Act for the District of Columbia

9 Corrections Trustee shall be apportioned quarterly by the

10 Office of Management and Budget and obligated and ex11 pended in the same manner as funds appropriated for sala12 ries and expenses of other Federal agencies: Provided fur13 ther, That in addition to the funds provided under this

14 heading, the District of Columbia Corrections Trustee may

15 use any remaining interest earned on the Federal payment

16 made to the Trustee under the District of Columbia Appro17 priations Act, 1998, to carry out the activities funded under

18 this heading.

19 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

20 COURTS

21 For salaries and expenses for the District of Columbia

22 Courts, $109,080,000 to be allocated as follows: for the Dis23 trict of Columbia Court of Appeals, $7,709,000; for the Dis24 trict of Columbia Superior Court, $72,399,000; for the Dis25 trict of Columbia Court System, $17,892,000; $5,255,000
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1 to finance a pay adjustment of 8.48 percent for nonjudicial

2 employees; and $5,825,000, including $825,000 for roofing

3 repairs to the facility commonly referred to as the Old

4 Courthouse and located at 451 Indiana Avenue, Northwest,

5 to remain available until September 30, 2002, for capital

6 improvements for District of Columbia courthouse facilities:

7 Provided, That notwithstanding any other provision of law,

8 all amounts under this heading shall be apportioned quar9 terly by the Office of Management and Budget and obligated

10 and expended in the same manner as funds appropriated

11 for salaries and expenses of other Federal agencies, with

12 payroll and financial services to be provided on a contrac13 tual basis with the General Services Administration (GSA),

14 said services to include the preparation of monthly finan15 cial reports, copies of which shall be submitted directly by

16 GSA to the President and to the Committees on Appropria17 tions of the Senate and House of Representatives, the Com18 mittee on Governmental Affairs of the Senate, and the Com19 mittee on Government Reform of the House of Representa20 tives.

21 DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS

22 For payments authorized under section 11–2604 and

23 section 11–2605, D.C. Code (relating to representation pro24 vided under the District of Columbia Criminal Justice Act),

25 payments for counsel appointed in proceedings in the Fam-
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1 ily Division of the Superior Court of the District of Colum2 bia under chapter 23 of title 16, D.C. Code, and payments

3 for counsel authorized under section 21–2060, D.C. Code

4 (relating to representation provided under the District of

5 Columbia Guardianship, Protective Proceedings, and Dura6 ble Power of Attorney Act of 1986), $38,387,000, to remain

7 available until expended: Provided, That the funds provided

8 in this Act under the heading ‘‘Federal Payment to the Dis9 trict of Columbia Courts’’ (other than the $5,825,000 pro10 vided under such heading for capital improvements for Dis11 trict of Columbia courthouse facilities) may also be used

12 for payments under this heading: Provided further, That

13 the Joint Committee on Judicial Administration in the

14 District of Columbia shall use funds provided in this Act

15 under the heading ‘‘Federal Payment to the District of Co16 lumbia Courts’’ (other than the $5,825,000 provided under

17 such heading for capital improvements for District of Co18 lumbia courthouse facilities), to make payments described

19 under this heading for obligations incurred during fiscal

20 year 2000 if the Comptroller General certifies that the

21 amount of obligations lawfully incurred for such payments

22 during fiscal year 2000 exceeds the obligational authority

23 otherwise available for making such payments: Provided

24 further, That such funds shall be administered by the Joint

25 Committee on Judicial Administration in the District of
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1 Columbia: Provided further, That notwithstanding any

2 other provision of law, this appropriation shall be appor3 tioned quarterly by the Office of Management and Budget

4 and obligated and expended in the same manner as funds

5 appropriated for expenses of other Federal agencies, with

6 payroll and financial services to be provided on a contrac7 tual basis with the General Services Administration (GSA),

8 said services to include the preparation of monthly finan9 cial reports, copies of which shall be submitted directly by

10 GSA to the President and to the Committees on Appropria11 tions of the Senate and House of Representatives, the Com12 mittee on Governmental Affairs of the Senate, and the Com13 mittee on Government Reform of the House of Representa14 tives: Provided further, That the District of Columbia

15 Courts shall implement the recommendations in the General

16 Accounting Office Report GAO/AIMD/OGC–99–226 regard17 ing payments to court-appointed attorneys and shall report

18 quarterly to the Office of Management and Budget and to

19 the Senate and House of Representatives Appropriations

20 Committees quarterly on the status of these reforms.

21 FEDERAL PAYMENT TO THE COURT SERVICES AND OF22 FENDER SUPERVISION AGENCY FOR THE DISTRICT OF

23 COLUMBIA

24 For salaries and expenses, including the transfer and

25 hire of motor vehicles, of the Court Services and Offender
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1 Supervision Agency for the District of Columbia, as author2 ized by the National Capital Revitalization and Self-Gov3 ernment Improvement Act of 1997 (Public Law 105–33;

4 111 Stat. 712), $112,527,000, of which $67,521,000 shall

5 be for necessary expenses of Community Supervision and

6 Sex Offender Registration, to include expenses relating to

7 supervision of adults subject to protection orders or provi8 sion of services for or related to such persons; $18,778,000

9 shall be transferred to the Public Defender Service; and

10 $26,228,000 shall be available to the Pretrial Services Agen11 cy: Provided, That notwithstanding any other provision of

12 law, all amounts under this heading shall be apportioned

13 quarterly by the Office of Management and Budget and ob14 ligated and expended in the same manner as funds appro15 priated for salaries and expenses of other Federal agencies:

16 Provided further, That notwithstanding section 446 of the

17 District of Columbia Home Rule Act or any provision of

18 subchapter III of chapter 13 of title 31, United States Code,

19 the use of interest earned on the Federal payment made to

20 the District of Columbia Offender Supervision, Defender,

21 and Court Services Agency under the District of Columbia

22 Appropriations Act, 1998, by the Agency during fiscal

23 years 1998 and 1999 shall not constitute a violation of such

24 Act or such subchapter.
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1 METRORAIL CONSTRUCTION

2 For the Washington Metropolitan Area Transit Au3 thority [WMATA], a contribution of $25,000,000 to design

4 and build a Metrorail station located at New York and

5 Florida Avenues, Northeast: Provided, That, prior to the re6 lease of said funds from the Treasury, the District of Colum7 bia shall set aside an additional $25,000,000 for this project

8 in its Fiscal Year 2001 Budget and Financial Plan and,

9 further, shall establish a special taxing district for the

10 neighborhood of the proposed Metrorail station to provide

11 $25,000,000: Provided further, That the requirements of 49

12 U.S.C. 5309(a)(2) shall apply to this project.

13 FEDERAL PAYMENT FOR BROWNFIELD REMEDIATION

14 For a Federal payment to the District of Columbia,

15 $3,450,000 for environmental and infrastructure costs at

16 Poplar Point: Provided, That of said amount, $2,150,000

17 shall be available for environmental assessment, site remedi18 ation and wetlands restoration of the 11 acres of real prop19 erty under the jurisdiction of the District of Columbia: Pro20 vided further, That no more than $1,300,000 shall be used

21 for infrastructure costs for an entrance to Anacostia Park:

22 Provided further, That none of said funds shall be used by

23 the District of Columbia to purchase private property in

24 the Poplar Point area.
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1 PRESIDENTIAL INAUGURATION

2 For a payment to the District of Columbia to reim3 burse the District for expenses incurred in connection with

4 Presidential inauguration activities, $6,211,000, as author5 ized by section 737(b) of the District of Columbia Home

6 Rule Act, approved December 24, 1973 (87 Stat. 824; D.C.

7 Code, sec. 1–1132), which shall be apportioned by the Chief

8 Financial Officer within the various appropriation head9 ings in this Act.

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 gen15 eral fund of the District of Columbia, except as otherwise

16 specifically provided: Provided, That notwithstanding any

17 other provision of law, except as provided in section 450A

18 of the District of Columbia Home Rule Act and section 124

19 of this Act, the total amount appropriated in this Act for

20 operating expenses for the District of Columbia for fiscal

21 year 2001 under this heading shall not exceed the lesser of

22 the sum of the total revenues of the District of Columbia

23 for such fiscal year or $5,546,536,000 (of which

24 $192,804,000 shall be from intra-District funds and

25 $3,096,383,000 shall be from local funds): Provided further,
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1 That the Chief Financial Officer of the District of Columbia

2 and the District of Columbia Financial Responsibility and

3 Management Assistance Authority shall take such steps as

4 are necessary to assure that the District of Columbia meets

5 these requirements, including the apportioning by the Chief

6 Financial Officer of the appropriations and funds made

7 available to the District during fiscal year 2001, except that

8 the Chief Financial Officer may not reprogram for oper9 ating expenses any funds derived from bonds, notes, or other

10 obligations issued for capital projects.

11 DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY AND

12 MANAGEMENT ASSISTANCE AUTHORITY

13 For the District of Columbia Financial Responsibility

14 and Management Assistance Authority (Authority), estab15 lished by section 101(a) of the District of Columbia Finan16 cial Responsibility and Management Assistance Act of 1995

17 (109 Stat. 97; Public Law 104–8), $6,500,000 from other

18 funds: Provided, That these funds be derived from accounts

19 held by the Authority on behalf of the District of Columbia.

20 GOVERNMENTAL DIRECTION AND SUPPORT

21 Governmental direction and support, $194,271,000

22 (including $160,672,000 from local funds, $20,424,000 from

23 Federal funds, and $13,175,000 from other funds): Pro24 vided, That of the $150,000,000 freed-up appropriations

25 provided for by this Act, $621,000 shall be available to the
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1 Office of the Mayor, $2,500,000 to the Office of Property

2 Management, and $1,042,000 to be used for training,

3 prioritized pursuant to an act of the Council: Provided fur4 ther, That not to exceed $2,500 for the Mayor, $2,500 for

5 the Chairman of the Council of the District of Columbia,

6 and $2,500 for the City Administrator shall be available

7 from this appropriation for official purposes: Provided fur8 ther, That any program fees collected from the issuance of

9 debt shall be available for the payment of expenses of the

10 debt management program of the District of Columbia: Pro11 vided further, That no revenues from Federal sources shall

12 be used to support the operations or activities of the State13 hood Commission and Statehood Compact Commission:

14 Provided further, That the District of Columbia shall iden15 tify the sources of funding for Admission to Statehood from

16 its own locally-generated revenues: Provided further, That

17 all employees permanently assigned to work in the Office

18 of the Mayor shall be paid from funds allocated to the Office

19 of the Mayor: Provided further, That $303,000 and no fewer

20 than 5 FTEs shall be available exclusively to support the

21 Labor-Management Partnership Council: Provided further,

22 That section 168(a) of the District of Columbia Appropria23 tions Act, 2000 (Public Law 106–113; 113 Stat. 1531) is

24 amended by inserting ‘‘, to remain available until ex25 pended,’’ after ‘‘$5,000,000’’.
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1 ECONOMIC DEVELOPMENT AND REGULATION

2 Economic development and regulation, $205,638,000

3 (including $53,562,000 from local funds, $92,378,000 from

4 Federal funds, and $59,698,000 from other funds), of which

5 $15,000,000 collected by the District of Columbia in the

6 form of BID tax revenue shall be paid to the respective

7 BIDs pursuant to the Business Improvement Districts Act

8 of 1996 (D.C. Law 11–134; D.C. Code, sec. 1–2271 et seq.),

9 and the Business Improvement Districts Amendment Act

10 of 1997 (D.C. Law 12–26): Provided, That such funds are

11 available for acquiring services provided by the General

12 Services Administration: Provided further, That Business

13 Improvement Districts shall be exempt from taxes levied by

14 the District of Columbia: Provided further, That of the

15 $150,000,000 freed-up appropriations provided for by this

16 Act, $3,296,000 shall be available to the Department of

17 Housing and Community Development and $200,000 to the

18 Department of Employment Services, prioritized pursuant

19 to an act of the Council.

20 PUBLIC SAFETY AND JUSTICE

21 Public safety and justice, including purchase or lease

22 of 135 passenger-carrying vehicles for replacement only, in23 cluding 130 for police-type use and five for fire-type use,

24 without regard to the general purchase price limitation for

25 the current fiscal year, and such sums as may be necessary
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1 for making refunds and for the payment of judgments that

2 have been entered against the District of Columbia govern3 ment: Provided, That of the $150,000,000 freed-up appro4 priations provided for by this Act, $1,293,000 shall be

5 available to the Department of Fire and Emergency Med6 ical Services, $100,000 to Citizen Complaint Review Board,

7 $200,000 to Metropolitan Police Department, and

8 $4,890,000 to the Settlement and Judgments Funds,

9 prioritized pursuant to an act of the Council: $762,346,000

10 (including $591,365,000 from local funds, $24,950,000 from

11 Federal funds, and $146,031,000 from other funds): Pro12 vided further, That the Metropolitan Police Department is

13 authorized to replace not to exceed 25 passenger-carrying

14 vehicles and the Department of Fire and Emergency Med15 ical Services of the District of Columbia is authorized to

16 replace not to exceed five passenger-carrying vehicles annu17 ally whenever the cost of repair to any damaged vehicle ex18 ceeds three-fourths of the cost of the replacement: Provided

19 further, That not to exceed $500,000 shall be available from

20 this appropriation for the Chief of Police for the prevention

21 and detection of crime: Provided further, That notwith22 standing any other provision of law, or Mayor’s Order 86–

23 45, issued March 18, 1986, the Metropolitan Police Depart24 ment’s delegated small purchase authority shall be

25 $500,000: Provided further, That the District of Columbia
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1 government may not require the Metropolitan Police De2 partment to submit to any other procurement review proc3 ess, or to obtain the approval of or be restricted in any

4 manner by any official or employee of the District of Co5 lumbia government, for purchases that do not exceed

6 $500,000: Provided further, That the Mayor shall reimburse

7 the District of Columbia National Guard for expenses in8 curred in connection with services that are performed in

9 emergencies by the National Guard in a militia status and

10 are requested by the Mayor, in amounts that shall be jointly

11 determined and certified as due and payable for these serv12 ices by the Mayor and the Commanding General of the Dis13 trict of Columbia National Guard: Provided further, That

14 such sums as may be necessary for reimbursement to the

15 District of Columbia National Guard under the preceding

16 proviso shall be available from this appropriation, and the

17 availability of the sums shall be deemed as constituting

18 payment in advance for emergency services involved: Pro19 vided further, That the Metropolitan Police Department is

20 authorized to maintain 3,800 sworn officers, with leave for

21 a 50 officer attrition: Provided further, That no more than

22 15 members of the Metropolitan Police Department shall

23 be detailed or assigned to the Executive Protection Unit,

24 until the Chief of Police submits a recommendation to the

25 Council for its review: Provided further, That $100,000
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1 shall be available for inmates released on medical and geri2 atric parole: Provided further, That commencing on Decem3 ber 31, 1999, the Metropolitan Police Department shall pro4 vide to the Committees on Appropriations of the Senate and

5 House of Representatives, the Committee on Governmental

6 Affairs of the Senate, and the Committee on Government

7 Reform of the House of Representatives, quarterly reports

8 on the status of crime reduction in each of the 83 police

9 service areas established throughout the District of Colum10 bia: Provided further, That Chapter 23 of Title 11 of the

11 District of Columbia Code is repealed.

12 PUBLIC EDUCATION SYSTEM

13 Public education system, including the development of

14 national defense education programs, $998,918,000 (includ15 ing $824,867,000 from local funds, $147,643,000 from Fed16 eral funds, and $26,408,000 from other funds), to be allo17 cated as follows: $769,943,000 (including $629,309,000

18 from local funds, $133,490,000 from Federal funds, and

19 $7,144,000 from other funds), for the public schools of the

20 District of Columbia; $200,000 from local funds for the Dis21 trict of Columbia Teachers’ Retirement Fund; $1,679,000

22 from local funds for the State Education Office; $17,000,000

23 from local funds, previously appropriated in this Act as

24 a Federal payment, for resident tuition support at public

25 and private institutions of higher learning for eligible Dis-
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1 trict of Columbia residents; $105,000,000 from local funds

2 for public charter schools: Provided, That there shall be

3 quarterly disbursement of funds to the D.C. public charter

4 schools, with the first payment to occur within 15 days of

5 the beginning of each fiscal year: Provided further, That

6 the D.C. public charter schools will report enrollment on

7 a quarterly basis upon which a quarterly disbursement will

8 be calculated: Provided further, That if the entirety of this

9 allocation has not been provided as payments to any public

10 charter schools currently in operation through the per pupil

11 funding formula, the funds shall be available for public edu12 cation: Provided further, That $480,000 of this amount

13 shall be available to the District of Columbia Public Charter

14 School Board for administrative costs: Provided further,

15 That $76,433,000 (including $44,691,000 from local funds,

16 $13,199,000 from Federal funds, and $18,543,000 from

17 other funds) shall be available for the University of the Dis18 trict of Columbia: Provided further, That $200,000 is allo19 cated for the East of the River Campus Assessment Study,

20 $1,000,000 for the Excel Institute Adult Education Pro21 gram, $500,000 for the Adult Education State Plan,

22 $650,000 for The Saturday Academy Pre-College Program,

23 and $481,000 for the Strengthening of Academic Programs;

24 and $26,459,000 (including $25,208,000 from local funds,

25 $550,000 from Federal funds and $701,000 from other
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1 funds) for the Public Library: Provided further, That the

2 $1,020,000 enhancement shall be allocated such that

3 $500,000 is used for facilities improvements for 8 of the

4 26 library branches, $235,000 for 13 FTEs for the continu5 ation of the Homework Helpers Program, $166,000 for 3

6 FTEs in the expansion of the Reach Out And Roar (ROAR)

7 service to license day care homes, and $119,000 for 3 FTEs

8 to expand literacy support into branch libraries: Provided

9 further, That $2,204,000 (including $1,780,000 from local

10 funds, $404,000 from Federal funds and $20,000 from other

11 funds) shall be available for the Commission on the Arts

12 and Humanities: Provided further, That the public schools

13 of the District of Columbia are authorized to accept not to

14 exceed 31 motor vehicles for exclusive use in the driver edu15 cation program: Provided further, That not to exceed $2,500

16 for the Superintendent of Schools, $2,500 for the President

17 of the University of the District of Columbia, and $2,000

18 for the Public Librarian shall be available from this appro19 priation for official purposes: Provided further, That none

20 of the funds contained in this Act may be made available

21 to pay the salaries of any District of Columbia Public

22 School teacher, principal, administrator, official, or em23 ployee who knowingly provides false enrollment or attend24 ance information under article II, section 5 of the Act enti25 tled ‘‘An Act to provide for compulsory school attendance,
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1 for the taking of a school census in the District of Columbia,

2 and for other purposes’’, approved February 4, 1925 (D.C.

3 Code, sec. 31–401 et seq.): Provided further, That this ap4 propriation shall not be available to subsidize the education

5 of any nonresident of the District of Columbia at any Dis6 trict of Columbia public elementary and secondary school

7 during fiscal year 2001 unless the nonresident pays tuition

8 to the District of Columbia at a rate that covers 100 percent

9 of the costs incurred by the District of Columbia which are

10 attributable to the education of the nonresident (as estab11 lished by the Superintendent of the District of Columbia

12 Public Schools): Provided further, That this appropriation

13 shall not be available to subsidize the education of non14 residents of the District of Columbia at the University of

15 the District of Columbia, unless the Board of Trustees of

16 the University of the District of Columbia adopts, for the

17 fiscal year ending September 30, 2001, a tuition rate sched18 ule that will establish the tuition rate for nonresident stu19 dents at a level no lower than the nonresident tuition rate

20 charged at comparable public institutions of higher edu21 cation in the metropolitan area: Provided further, That

22 $2,200,000 is allocated to the Temporary Weighted Student

23 Formula to fund 344 additional slots for pre-K students:

24 Provided further, That $50,000 is allocated to fund a con25 ference on learning support for children ages 3–4 in Sep-
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1 tember 2000 hosted jointly by the District of Columbia Pub2 lic Schools and District of Columbia public charter schools:

3 Provided further, That no local funds in this Act shall be

4 used to administer a system wide standardized test more

5 than once in fiscal year 2001: Provided further, That no

6 less than $436,452,000 shall be expended on local schools

7 through the Weighted Student Formula: Provided further,

8 That notwithstanding any other provision of law, rule, or

9 regulation, the evaluation process and instruments for eval10 uating District of Columbia Public School employees shall

11 be a non-negotiable item for collective bargaining purposes:

12 Provided further, That of the $150,000,000 freed-up appro13 priations provided for by this Act, $12,079,000 shall be

14 available to the District of Columbia Public Schools,

15 $120,000 to the Commission on the Arts and Humanities,

16 $400,000 to the District of Columbia Library, and

17 $2,500,000 to the University of the District of Columbia

18 for adult basic education, prioritized pursuant to an act

19 of the Council.

20 HUMAN SUPPORT SERVICES

21 Human support services, $1,532,704,000 (including

22 $634,397,000 from local funds, $881,589,000 from Federal

23 funds, and $16,718,000 from other funds): Provided, That

24 $25,836,000 of this appropriation, to remain available

25 until expended, shall be available solely for District of Co-
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1 lumbia employees’ disability compensation: Provided fur2 ther, That of the $150,000,000 freed-up appropriations pro3 vided for by this Act, $10,000,000 shall be available to the

4 Children Investment Trust, $1,511,000 to the Department

5 of Parks and Recreation, $574,000 to the Office on Aging,

6 $4,245,000 to the Department of Health, and $1,500,000

7 to the Commission on Latino Affairs, prioritized pursuant

8 to an act of the Council: Provided further, That the District

9 of Columbia shall not provide free government services such

10 as water, sewer, solid waste disposal or collection, utilities,

11 maintenance, repairs, or similar services to any legally con12 stituted private nonprofit organization, as defined in sec13 tion 411(5) of the Stewart B. McKinney Homeless Assist14 ance Act (101 Stat. 485; Public Law 100–77; 42 U.S.C.

15 11371), providing emergency shelter services in the District,

16 if the District would not be qualified to receive reimburse17 ment pursuant to such Act (101 Stat. 485; Public Law 100–

18 77; 42 U.S.C. 11301 et seq.): Provided further, That

19 $400,000 shall be available for the administrative costs as20 sociated with implementation of the Drug Treatment Choice

21 Program established pursuant to section 4 of the Choice in

22 Drug Treatment Act of 2000, signed by the Mayor on April

23 20, 2000 (D.C. Act 13–329): Provided further, That

24 $7,000,000 shall be available for deposit in the Addiction

25 Recovery Fund established pursuant to section 5 of the
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1 Choice in Drug Treatment Act of 2000, signed by the Mayor

2 on April 20, 2000 (D.C. Act 13–329): Provided further,

3 That the District of Columbia is authorized to enter into

4 a long-term lease of Hamilton Field with Gonzaga College

5 High School and that, in exchange for such a lease, Gonzaga

6 will introduce and implement a youth baseball program fo7 cused on 13 to 18 year old residents, said program to in8 clude summer and fall baseball programs and baseball clin9 ics: Provided further, That notwithstanding any other pro10 vision of law, the District of Columbia may increase the

11 Human Support Services appropriation under this Act by

12 an amount equal to not more than 15 percent of the local

13 funds in the appropriation in order to augment the District

14 of Columbia subsidy for the Public Benefit Corporation for

15 the purpose of restructuring the delivery of health services

16 in the District of Columbia pursuant to a restructuring

17 plan approved by the Mayor, Council of the District of Co18 lumbia, District of Columbia Financial Responsibility and

19 Management Assistance Authority, and Chief Financial Of20 ficer.

21 PUBLIC WORKS

22 Public works, including rental of one passenger-car23 rying vehicle for use by the Mayor and three passenger-car24 rying vehicles for use by the Council of the District of Co25 lumbia and leasing of passenger-carrying vehicles,
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1 $278,242,000 (including $265,078,000 from local funds,

2 $3,328,000 from Federal funds, and $9,836,000 from other

3 funds): Provided, That of the $150,000,000 freed-up appro4 priations provided for by this Act, $1,500,000 shall be

5 available to Public Works, $1,000,000 to the Department

6 of Motor Vehicles, and $1,550,000 to the Taxicab Commis7 sion, prioritized pursuant to an act of the Council: Pro8 vided further, That this appropriation shall not be available

9 for collecting ashes or miscellaneous refuse from hotels and

10 places of business: Provided further, That $100,000 be

11 available for a commercial sector recycling initiative: Pro12 vided further, That $250,000 be available to initiate a recy13 cling education campaign: Provided further, That $10,000

14 be available for community clean-up kits: Provided further,

15 That $190,000 be available to restore 3.5 percent vacancy

16 rate in Parking Services: Provided further, That $170,000

17 be available to plant 500 trees: Provided further, That

18 $118,000 be available for two water trucks: Provided fur19 ther, That $150,000 be available for contract monitors and

20 parking analysts within Parking Services: Provided fur21 ther, That $1,409,000 be available for a neighborhood clean22 up initiative: Provided further, That $1,000,000 be avail23 able for tree maintenance: Provided further, That $600,000

24 be available for an anti-graffiti program: Provided further,

25 That $226,000 be available for a hazardous waste program:
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1 Provided further, That $1,260,000 be available for parking

2 control aides: Provided further, That $400,000 be available

3 for the Department of Motor Vehicles to hire additional tick4 et adjudicators, conduct additional hearings, and reduce the

5 waiting time for hearings.

6 RECEIVERSHIP PROGRAMS

7 For all agencies of the District of Columbia govern8 ment under court ordered receivership, $389,528,000 (in9 cluding $234,913,000 from local funds, $135,555,000 from

10 Federal funds, and $19,060,000 from other funds): Pro11 vided, That of the $150,000,000 freed-up appropriation pro12 vided for by this Act, $6,300,000 shall be available to the

13 LaShawn Receivership and $13,000,000 to the Commission

14 on Mental Health, prioritized pursuant to an act of the

15 Council.

16 RESERVE

17 For a reserve to be established by the Chief Financial

18 Officer of the District of Columbia and the District of Co19 lumbia Financial Responsibility and Management Assist20 ance Authority, $150,000,000 of local funds.

21 EMERGENCY RESERVE FUND

22 For the emergency reserve fund established under sec23 tion 450A(a) of the District of Columbia Home Rule Act,

24 the amount provided for fiscal year 2001 under such sec25 tion, to be derived from local funds.
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1 REPAYMENT OF LOANS AND INTEREST

2 For payment of principal, interest and certain fees di3 rectly resulting from borrowing by the District of Columbia

4 to fund District of Columbia capital projects as authorized

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

6 Home Rule Act, approved December 24, 1973, $243,238,000

7 from local funds: Provided, That of the $150,000,000 freed8 up appropriations provided for by this Act, the balance re9 maining after other expenditures shall be used for Pay-As10 You-Go Capital Funds in lieu of capital financing,

11 prioritized pursuant to an act of the Council: Provided fur12 ther, That any funds set aside pursuant to section 148 of

13 the District of Columbia Appropriations Act (Public Law

14 106–113; 113 Stat. 1531) that are not used in the reserve

15 funds established herein shall be used for Pay-As-You-Go

16 Capital Funds: Provided further, That for equipment leases,

17 the Mayor may finance $19,232,000 of equipment cost, plus

18 cost of issuance not to exceed 2 percent of the par amount

19 being financed on a lease purchase basis with a maturity

20 not to exceed 5 years: Provided further, That $2,000,000

21 is allocated to the Metropolitan Police Department,

22 $4,300,000 for the Fire and Emergency Medical Services

23 Department, $1,622,000 for the Public Library, $2,010,000

24 for the Department of Parks and Recreation, $7,500,000 for
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1 the Department of Public Works and $1,800,000 for the

2 Public Benefit Corporation.

3 REPAYMENT OF GENERAL FUND RECOVERY DEBT

4 For the purpose of eliminating the $331,589,000 gen5 eral fund accumulated deficit as of September 30, 1990,

6 $39,300,000 from local funds, as authorized by section

7 461(a) of the District of Columbia Home Rule Act (105

8 Stat. 540; D.C. Code, sec. 47–321(a)(1)).

9 PAYMENT OF INTEREST ON SHORT-TERM BORROWING

10 For payment of interest on short-term borrowing,

11 $1,140,000 from local funds.

12 PRESIDENTIAL INAUGURATION

13 For reimbursement for necessary expenses incurred in

14 connection with Presidential inauguration activities as au15 thorized by section 737(b) of the District of Columbia Home

16 Rule Act, Public Law 93–198, as amended, approved De17 cember 24, 1973 (87 Stat. 824; D.C. Code, sec. 1–1803),

18 $6,211,000, which shall be apportioned by the Chief Finan19 cial Officer within the various appropriation headings in

20 this Act.

21 CERTIFICATES OF PARTICIPATION

22 For lease payments in accordance with the Certificates

23 of Participation involving the land site underlying the

24 building located at One Judiciary Square, $7,950,000 from

25 local funds.
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1 WILSON BUILDING

2 For expenses associated with the John A. Wilson

3 Building, $8,409,000.

4 OPTICAL AND DENTAL INSURANCE PAYMENTS

5 For optical and dental insurance payments,

6 $2,675,000 from local funds.

7 MANAGEMENT SUPERVISORY SERVICE

8 For management supervisory service, $13,200,000

9 from local funds, to be transferred by the Mayor of the Dis10 trict of Columbia among the various appropriation head11 ings in this Act for which employees are properly payable.

12 TOBACCO SETTLEMENT TRUST FUND TRANSFER PAYMENT

13 There is transferred $61,406,000 to the Tobacco Settle14 ment Trust Fund established pursuant to section 2302 of

15 the Tobacco Settlement Trust Fund Establishment Act of

16 1999, effective October 20, 1999 (D.C. Law 13–38; to be

17 codified at D.C. Code, sec. 6–135), to be spent pursuant to

18 local law.

19 OPERATIONAL IMPROVEMENTS SAVINGS (INCLUDING

20 MANAGED COMPETITION)

21 The Mayor and the Council in consultation of with

22 the Chief Financial Officer and the District of Columbia

23 Financial Responsibility and Management Assistance Au24 thority, shall make reductions of $10,000,000 for oper-
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1 ational improvements savings in local funds to one or more

2 of the appropriation headings in this Act.

3 MANAGEMENT REFORM SAVINGS

4 The Mayor and the Council in consultation of with

5 the Chief Financial Officer and the District of Columbia

6 Financial Responsibility and Management Assistance Au7 thority, shall make reductions of $37,000,000 for manage8 ment reform savings in local funds to one or more of the

9 appropriation headings in this Act.

10 CAFETERIA PLAN

11 For the implementation of a Cafeteria Plan pursuant

12 to Federal law, a reduction of $5,000,000: Provided, That

13 of the $150,000,000 freed-up appropriations provided for

14 by this Act, $5,000,000 shall be available for the savings

15 associated with the implementation of the Cafeteria Plan,

16 prioritized pursuant to an act of the Council.

17 ENTERPRISE AND OTHER FUNDS

18 WATER AND SEWER AUTHORITY AND THE WASHINGTON

19 AQUEDUCT

20 For operation of the Water and Sewer Authority and

21 the Washington Aqueduct, $275,705,000 from other funds

22 (including $230,614,000 for the Water and Sewer Authority

23 and $45,091,000 for the Washington Aqueduct) of which

24 $41,503,000 shall be apportioned and payable to the Dis-
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1 trict’s debt service fund for repayment of loans and interest

2 incurred for capital improvement projects.

3 For construction projects, $140,725,000, as authorized

4 by the Act entitled ‘‘An Act authorizing the laying of

5 watermains and service sewers in the District of Columbia,

6 the levying of assessments therefor, and for other purposes’’

7 (33 Stat. 244; Public Law 58–140; D.C. Code, sec. 43–1512

8 et seq.): Provided, That the requirements and restrictions

9 that are applicable to general fund capital improvements

10 projects and set forth in this Act under the Capital Outlay

11 appropriation title shall apply to projects approved under

12 this appropriation title.

13 LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

14 For the Lottery and Charitable Games Enterprise

15 Fund, established by the District of Columbia Appropria16 tion Act for the fiscal year ending September 30, 1982 (95

17 Stat. 1174 and 1175; Public Law 97–91), for the purpose

18 of implementing the Law to Legalize Lotteries, Daily Num19 bers Games, and Bingo and Raffles for Charitable Purposes

20 in the District of Columbia (D.C. Law 3–172; D.C. Code,

21 sec. 2–2501 et seq. and sec. 22–1516 et seq.), $223,200,000:

22 Provided, That the District of Columbia shall identify the

23 source of funding for this appropriation title from the Dis24 trict’s own locally generated revenues: Provided further,

25 That no revenues from Federal sources shall be used to sup-
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1 port the operations or activities of the Lottery and Chari2 table Games Control Board.

3 SPORTS AND ENTERTAINMENT COMMISSION

4 For the Sports and Entertainment Commission,

5 $10,968,000 from other funds: Provided, That the Mayor

6 shall submit a budget for the Armory Board for the forth7 coming fiscal year as required by section 442(b) of the Dis8 trict of Columbia Home Rule Act (87 Stat. 824; Public Law

9 93–198; D.C. Code, sec. 47–301(b)).

10 DISTRICT OF COLUMBIA HEALTH AND HOSPITALS PUBLIC

11 BENEFIT CORPORATION

12 For the District of Columbia Health and Hospitals

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

14 212; D.C. Code, sec. 32–262.2, $123,548,000 of which

15 $45,313,000 shall be derived by transfer from the general

16 fund, and $78,235,000 from other funds: Provided, That no

17 amounts may be made available to the Corporation

18 (through reprogramming, transfers, loans, or any other

19 mechanism) which are not otherwise provided for under this

20 heading.

21 DISTRICT OF COLUMBIA RETIREMENT BOARD

22 For the District of Columbia Retirement Board, estab23 lished by section 121 of the District of Columbia Retirement

24 Reform Act of 1979 (93 Stat. 866; D.C. Code, sec. 1–711),

25 $11,414,000 from the earnings of the applicable retirement
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1 funds to pay legal, management, investment, and other fees

2 and administrative expenses of the District of Columbia Re3 tirement Board: Provided, That the District of Columbia

4 Retirement Board shall provide the Mayor, for transmittal

5 to the Council of the District of Columbia, an itemized ac6 counting of the planned use of appropriated funds in time

7 for each annual budget submission and the actual use of

8 such funds in time for each annual audited financial re9 port.

10 CORRECTIONAL INDUSTRIES FUND

11 For the Correctional Industries Fund, established by

12 the District of Columbia Correctional Industries Establish13 ment Act (78 Stat. 1000; Public Law 88–622), $1,808,000

14 from other funds.

15 WASHINGTON CONVENTION CENTER ENTERPRISE FUND

16 For the Washington Convention Center Enterprise

17 Fund, $52,726,000 from other funds.

18 CAPITAL OUTLAY

19 (INCLUDING RESCISSIONS)

20 For construction projects, an increase of

21 $1,077,282,000 of which $806,787,000 is from local funds,

22 $66,446,000 is from highway trust funds, and $204,049,000

23 is from Federal funds, and a rescission of $55,208,000 from

24 local funds appropriated under this heading in prior fiscal

25 years, for a net amount of $1,022,074,000 to remain avail-
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1 able until expended: Provided, That funds for use of each

2 capital project implementing agency shall be managed and

3 controlled in accordance with all procedures and limita4 tions established under the Financial Management System:

5 Provided further, That all funds provided by this appro6 priation title shall be available only for the specific projects

7 and purposes intended: Provided further, That notwith8 standing the foregoing, all authorizations for capital outlay

9 projects, except those projects covered by the first sentence

10 of section 23(a) of the Federal-Aid Highway Act of 1968

11 (82 Stat. 827; Public Law 90–495; D.C. Code, sec. 7–134,

12 note), for which funds are provided by this appropriation

13 title, shall expire on September 30, 2002, except authoriza14 tions for projects as to which funds have been obligated in

15 whole or in part prior to September 30, 2002: Provided fur16 ther, That upon expiration of any such project authoriza17 tion, the funds provided herein for the project shall lapse.

18 GENERAL PROVISIONS

19 SEC. 101. Whenever in this Act, an amount is specified

20 within an appropriation for particular purposes or objects

21 of expenditure, such amount, unless otherwise specified,

22 shall be considered as the maximum amount that may be

23 expended for said purpose or object rather than an amount

24 set apart exclusively therefor.
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1 SEC. 102. Appropriations in this Act shall be available

2 for expenses of travel and for the payment of dues of organi3 zations concerned with the work of the District of Columbia

4 government, when authorized by the Mayor: Provided, That

5 in the case of the Council of the District of Columbia, funds

6 may be expended with the authorization of the chair of the

7 Council.

8 SEC. 103. There are appropriated from the applicable

9 funds of the District of Columbia such sums as may be nec10 essary for making refunds and for the payment of judg11 ments that have been entered against the District of Colum12 bia government: Provided, That nothing contained in this

13 section shall be construed as modifying or affecting the pro14 visions of section 11(c)(3) of title XII of the District of Co15 lumbia Income and Franchise Tax Act of 1947 (70 Stat.

16 78; Public Law 84–460; D.C. Code, sec. 47–1812.11(c)(3)).

17 SEC. 104. No funds appropriated in this Act for the

18 District of Columbia government for the operation of edu19 cational institutions, the compensation of personnel, or for

20 other educational purposes may be used to permit, encour21 age, facilitate, or further partisan political activities. Noth22 ing herein is intended to prohibit the availability of school

23 buildings for the use of any community or partisan polit24 ical group during non-school hours.
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1 SEC. 105. None of the funds appropriated in this Act

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

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

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

5 not available for inspection by the House and Senate Com6 mittees on Appropriations, the Subcommittee on the Dis7 trict of Columbia of the House Committee on Government

8 Reform, the Subcommittee on Oversight of Government

9 Management, Restructuring and the District of Columbia

10 of the Senate Committee on Governmental Affairs, and the

11 Council of the District of Columbia, or their duly author12 ized representative.

13 SEC. 106. There are appropriated from the applicable

14 funds of the District of Columbia such sums as may be nec15 essary for making payments authorized by the District of

16 Columbia Revenue Recovery Act of 1977 (D.C. Law 2–20;

17 D.C. Code, sec. 47–421 et seq.).

18 SEC. 107. No part of this appropriation shall be used

19 for publicity or propaganda purposes or implementation of

20 any policy including boycott designed to support or defeat

21 legislation pending before Congress or any State legislature.

22 SEC. 108. At the start of the fiscal year, the Mayor

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

24 for capital outlay borrowings: Provided, That within a rea25 sonable time after the close of each quarter, the Mayor shall
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1 report to the Council of the District of Columbia and the

2 Congress the actual borrowings and spending progress com3 pared with projections.

4 SEC. 109. None of the funds provided under this Act

5 to the agencies funded by this Act, both Federal and District

6 government agencies, that remain available for obligation

7 or expenditure in fiscal year 2001, or provided from any

8 accounts in the Treasury of the United States derived by

9 the collection of fees available to the agencies funded by this

10 Act, shall be available for obligation or expenditure for an

11 agency through a reprogramming or inter-appropriation

12 transfer of funds which: (1) creates new programs; (2)

13 eliminates a program, project, or responsibility center; (3)

14 establishes or changes allocations specifically denied, lim15 ited or increased by Congress in this Act; (4) increases

16 funds or personnel by any means for any program, project,

17 or responsibility center for which funds have been denied

18 or restricted; (5) reestablishes through reprogramming any

19 program or project previously deferred through reprogram20 ming; (6) augments existing programs, projects, or respon21 sibility centers through a reprogramming of funds in excess

22 of $1,000,000 or 10 percent, whichever is less; (7) increases

23 by 20 percent or more personnel assigned to a specific pro24 gram, project, or responsibility center; or (8) transfers an

25 amount from one appropriation to another as long as the
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1 amount transferred shall not exceed 2 percent of the local

2 funds in the appropriation; unless the Appropriations Com3 mittees of both the Senate and House of Representatives are

4 notified in writing 30 days in advance of any reprogram5 ming or inter-appropriation transfer as set forth in this

6 section.

7 SEC. 110. Consistent with the provisions of 31 U.S.C.

8 1301(a), appropriations under this Act shall be applied

9 only to the objects for which the appropriations were made

10 except as otherwise provided by law.

11 SEC. 111. Notwithstanding any other provisions of

12 law, the provisions of the District of Columbia Government

13 Comprehensive Merit Personnel Act of 1978 (D.C. Law 2–

14 139; D.C. Code, sec. 1–601.1 et seq.), enacted pursuant to

15 section 422(3) of the District of Columbia Home Rule Act

16 (87 Stat. 790; Public Law 93–198; D.C. Code, sec. 1–

17 242(3)), shall apply with respect to the compensation of

18 District of Columbia employees: Provided, That for pay

19 purposes, employees of the District of Columbia government

20 shall not be subject to the provisions of title 5, United States

21 Code.

22 SEC. 112. No later than 30 days after the end of the

23 first quarter of the fiscal year ending September 30, 2001,

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

25 Council of the District of Columbia the new fiscal year 2001
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1 revenue estimates as of the end of the first quarter of fiscal

2 year 2001. These estimates shall be used in the budget re3 quest for the fiscal year ending September 30, 2002. The

4 officially revised estimates at midyear shall be used for the

5 midyear report.

6 SEC. 113. No sole source contract with the District of

7 Columbia government or any agency thereof may be re8 newed or extended without opening that contract to the

9 competitive bidding process as set forth in section 303 of

10 the District of Columbia Procurement Practices Act of 1985

11 (D.C. Law 6–85; D.C. Code, sec. 1–1183.3), except that the

12 District of Columbia government or any agency thereof may

13 renew or extend sole source contracts for which competition

14 is not feasible or practical: Provided, That the determina15 tion as to whether to invoke the competitive bidding process

16 has been made in accordance with duly promulgated rules

17 and procedures and said determination has been reviewed

18 and approved by the District of Columbia Financial Re19 sponsibility and Management Assistance Authority.

20 SEC. 114. For purposes of the Balanced Budget and

21 Emergency Deficit Control Act of 1985 (99 Stat. 1037; Pub22 lic Law 99–177), the term ‘‘program, project, and activity’’

23 shall be synonymous with and refer specifically to each ac24 count appropriating Federal funds in this Act, and any

25 sequestration order shall be applied to each of the accounts
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1 rather than to the aggregate total of those accounts: Pro2 vided, That sequestration orders shall not be applied to any

3 account that is specifically exempted from sequestration by

4 the Balanced Budget and Emergency Deficit Control Act

5 of 1985.

6 SEC. 115. In the event a sequestration order is issued

7 pursuant to the Balanced Budget and Emergency Deficit

8 Control Act of 1985 (99 Stat. 1037; Public Law 99–177),

9 after the amounts appropriated to the District of Columbia

10 for the fiscal year involved have been paid to the District

11 of Columbia, the Mayor of the District of Columbia shall

12 pay to the Secretary of the Treasury, within 15 days after

13 receipt of a request therefor from the Secretary of the Treas14 ury, such amounts as are sequestered by the order: Provided,

15 That the sequestration percentage specified in the order

16 shall be applied proportionately to each of the Federal ap17 propriation accounts in this Act that are not specifically

18 exempted from sequestration by such Act.

19 SEC. 116. (a) An entity of the District of Columbia

20 government may accept and use a gift or donation during

21 fiscal year 2001 if—

22 (1) the Mayor approves the acceptance and use

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

24 the District of Columbia may accept and use gifts

25 without prior approval by the Mayor; and
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1 (2) the entity uses the gift or donation to carry

2 out its authorized functions or duties.

3 (b) Each entity of the District of Columbia government

4 shall keep accurate and detailed records of the acceptance

5 and use of any gift or donation under subsection (a) of this

6 section, and shall make such records available for audit and

7 public inspection.

8 (c) For the purposes of this section, the term ‘‘entity

9 of the District of Columbia government’’ includes an inde10 pendent agency of the District of Columbia.

11 (d) This section shall not apply to the District of Co12 lumbia Board of Education, which may, pursuant to the

13 laws and regulations of the District of Columbia, accept

14 and use gifts to the public schools without prior approval

15 by the Mayor.

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

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

18 for salaries, expenses, or other costs associated with the of19 fices of United States Senator or United States Representa20 tive under section 4(d) of the District of Columbia State21 hood Constitutional Convention Initiatives of 1979 (D.C.

22 Law 3–171; D.C. Code, sec. 1–113(d)).

23 SEC. 118. REPORTING REQUIREMENTS FOR THE DIS24 TRICT OF COLUMBIA PUBLIC SCHOOLS AND THE UNIVER25 SITY OF THE DISTRICT OF COLUMBIA. (a) The Super-
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1 intendent of the District of Columbia Public Schools

2 [DCPS] and the University of the District of Columbia

3 [UDC] shall each submit to the Committees on Appropria4 tions of the House of Representatives and Senate, the Com5 mittee on Government Reform of the House of Representa6 tives, and the Committee on Governmental Affairs of the

7 Senate no later than 15 calendar days after the end of each

8 quarter a report that sets forth—

9 (1) current quarter expenditures and obligations,

10 year-to-date expenditures and obligations, and total

11 fiscal year expenditure projections versus budget bro12 ken out on the basis of control center, responsibility

13 center, and object class, and for all funds, non-appro14 priated funds, and capital financing;

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

16 frozen and the amount of funds frozen, broken out by

17 control center, responsibility center, detailed object,

18 and for all funding sources;

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

20 $10,000 annually, which contains the name of each

21 contractor; the budget to which the contract is

22 charged, broken out on the basis of control center, re23 sponsibility center, and agency reporting code; and

24 contract identifying codes used by DCPS and UDC;

25 payments made in the last quarter and year-to-date,
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1 the total amount of the contract and total payments

2 made for the contract and any modifications, exten3 sions, renewals; and specific modifications made to

4 each contract in the last month;

5 (4) all reprogramming requests and reports that

6 are required to be, and have been, submitted to the

7 Board of Education; and

8 (5) all reprogramming requests and reports that

9 have been made by UDC within the last quarter in

10 compliance with applicable law; and

11 (6) changes made in the last quarter to the orga12 nizational structure of DCPS and UDC, displaying

13 for each entity previous and current control centers

14 and responsibility centers, the names of the organiza15 tional entities that have been changed, the name of the

16 staff member supervising each entity affected, and the

17 reasons for the structural change.

18 (b) The Superintendent of DCPS and UDC shall an19 nually compile an accurate and verifiable report on the po20 sitions and employees in the public school system and the

21 university, respectively. The annual report shall—

22 (1) set forth the number of validated schedule A

23 positions in the District of Columbia public schools

24 and UDC for fiscal year 2001, and thereafter on full25 time equivalent basis, including a compilation of all
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1 positions by control center, responsibility center,

2 funding source, position type, position title, pay plan,

3 grade, and annual salary;

4 (2) set forth a compilation of all employees in

5 the District of Columbia public schools and UDC as

6 of the preceding December 31, verified as to its accu7 racy in accordance with the functions that each em8 ployee actually performs, by control center, responsi9 bility center, agency reporting code, program (includ10 ing funding source), activity, location for accounting

11 purposes, job title, grade and classification, annual

12 salary, and position control number; and

13 (3) be submitted to the Congress, the Mayor, the

14 District of Columbia Council, the Consensus Commis15 sion, and the Authority, not later than February 15

16 of each year.

17 (c) No later than November 1, 2000, or within 30 cal18 endar days after the date of the enactment of this Act,

19 whichever occurs later, and each succeeding year, the Super20 intendent of DCPS and UDC shall submit to the appro21 priate congressional committees, the Mayor, the District of

22 Columbia Council, the Consensus Commission, and the Dis23 trict of Columbia Financial Responsibility and Manage24 ment Assistance Authority, a revised appropriated funds

25 operating budget for the public school system and UDC for
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1 such fiscal year: (1) that is in the total amount of the ap2 proved appropriation and that realigns budgeted data for

3 personal services and other-than-personal services, respec4 tively, with anticipated actual expenditures; and (2) that

5 is in the format of the budget that the Superintendent of

6 DCPS and UDC submit to the Mayor of the District of Co7 lumbia for inclusion in the Mayor’s budget submission to

8 the Council of the District of Columbia pursuant to section

9 442 of the District of Columbia Home Rule Act (Public Law

10 93–198; D.C. Code, sec. 47–301).

11 SEC. 119. Funds authorized or previously appro12 priated to the government of the District of Columbia by

13 this or any other Act to procure the necessary hardware

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

15 training to improve or replace its financial management

16 system are also available for the acquisition of accounting

17 and financial management services and the leasing of nec18 essary hardware, software or any other related goods or

19 services, as determined by the District of Columbia Finan20 cial Responsibility and Management Assistance Authority.

21 SEC. 120. (a) None of the funds contained in this Act

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

23 represents a party who prevails in an action or any attor24 ney who defends any action, including an administrative

25 proceeding, brought against the District of Columbia Public
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1 Schools under the Individuals with Disabilities Education

2 Act (20 U.S.C. 1400 et seq.) if—

3 (1) the hourly rate of compensation of the attor4 ney exceeds 250 percent of the hourly rate of com5 pensation under section 11–2604(a), District of Co6 lumbia Code; or

7 (2) the maximum amount of compensation of the

8 attorney exceeds 250 percent of the maximum amount

9 of compensation under section 11–2604(b)(1), District

10 of Columbia Code, except that compensation and re11 imbursement in excess of such maximum may be ap12 proved for extended or complex representation in ac13 cordance with section 11–2604(c), District of Colum14 bia Code; and

15 (3) in no case may the compensation limits in

16 paragraphs (1) and (2) exceed $2,500.

17 (b) Notwithstanding the preceding subsection, if the

18 Mayor and the Superintendent of the District of Columbia

19 Public Schools concur in a Memorandum of Understanding

20 setting forth a new rate and amount of compensation, then

21 such new rates shall apply in lieu of the rates set forth in

22 the preceding subsection to both the attorney who represents

23 the prevailing party and the attorney who defends the ac24 tion.
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1 SEC. 121. None of the funds appropriated under this

2 Act shall be expended for any abortion except where the life

3 of the mother would be endangered if the fetus were carried

4 to term or where the pregnancy is the result of an act of

5 rape or incest.

6 SEC. 122. None of the funds made available in this

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

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

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

10 enforce any system of registration of unmarried, cohabiting

11 couples (whether homosexual, heterosexual, or lesbian), in12 cluding but not limited to registration for the purpose of

13 extending employment, health, or governmental benefits to

14 such couples on the same basis that such benefits are ex15 tended to legally married couples.

16 SEC. 123. The District of Columbia Financial Respon17 sibility and Management Assistance Authority, acting on

18 behalf of the District of Columbia Public Schools (DCPS)

19 in formulating the DCPS budget, the Board of Trustees of

20 the University of the District of Columbia, the Board of

21 Library Trustees, and the Board of Governors of the Uni22 versity of the District of Columbia School of Law shall vote

23 on and approve the respective annual or revised budgets for

24 such entities before submission to the Mayor of the District

25 of Columbia for inclusion in the Mayor’s budget submission
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1 to the Council of the District of Columbia in accordance

2 with section 442 of the District of Columbia Home Rule

3 Act (Public Law 93–198; D.C. Code, sec. 47–301), or before

4 submitting their respective budgets directly to the Council.

5 SEC. 124. (a) ACCEPTANCE AND USE OF GRANTS NOT

6 INCLUDED IN CEILING.—

7 (1) IN GENERAL.—Notwithstanding any other

8 provision of this Act, the Mayor, in consultation with

9 the Chief Financial Officer, during a control year, as

10 defined in section 305(4) of the District of Columbia

11 Financial Responsibility and Management Assistance

12 Act of 1995 (Public Law 104–8; 109 Stat. 152), may

13 accept, obligate, and expend Federal, private, and

14 other grants received by the District government that

15 are not reflected in the amounts appropriated in this

16 Act.

17 (2) REQUIREMENT OF CHIEF FINANCIAL OFFICER

18 REPORT AND AUTHORITY APPROVAL.—No such Fed19 eral, private, or other grant may be accepted, obli20 gated, or expended pursuant to paragraph (1) until—

21 (A) the Chief Financial Officer of the Dis22 trict of Columbia submits to the Authority a re23 port setting forth detailed information regarding

24 such grant; and
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1 (B) the Authority has reviewed and ap2 proved the acceptance, obligation, and expendi3 ture of such grant in accordance with review and

4 approval procedures consistent with the provi5 sions of the District of Columbia Financial Re6 sponsibility and Management Assistance Act of

7 1995.

8 (3) PROHIBITION ON SPENDING IN ANTICIPATION

9 OF APPROVAL OR RECEIPT.—No amount may be obli10 gated or expended from the general fund or other

11 funds of the District government in anticipation of

12 the approval or receipt of a grant under paragraph

13 (2)(B) of this subsection or in anticipation of the ap14 proval or receipt of a Federal, private, or other grant

15 not subject to such paragraph.

16 (4) QUARTERLY REPORTS.—The Chief Financial

17 Officer of the District of Columbia shall prepare a

18 quarterly report setting forth detailed information re19 garding all Federal, private, and other grants subject

20 to this subsection. Each such report shall be submitted

21 to the Council of the District of Columbia, and to the

22 Committees on Appropriations of the House of Rep23 resentatives and the Senate, not later than 15 days

24 after the end of the quarter covered by the report.
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1 (b) REPORT ON EXPENDITURES BY FINANCIAL RE2 SPONSIBILITY AND MANAGEMENT ASSISTANCE AUTHOR3 ITY.—Not later than 20 calendar days after the end of each

4 fiscal quarter starting October 1, 1999, the Authority shall

5 submit a report to the Committees on Appropriations of the

6 House of Representatives and the Senate, the Committee on

7 Government Reform of the House, and the Committee on

8 Governmental Affairs of the Senate providing an itemized

9 accounting of all non-appropriated funds obligated or ex10 pended by the Authority for the quarter. The report shall

11 include information on the date, amount, purpose, and ven12 dor name, and a description of the services or goods pro13 vided with respect to the expenditures of such funds.

14 SEC. 125. If a department or agency of the government

15 of the District of Columbia is under the administration of

16 a court-appointed receiver or other court-appointed official

17 during fiscal year 2001 or any succeeding fiscal year, the

18 receiver or official shall prepare and submit to the Mayor,

19 for inclusion in the annual budget of the District of Colum20 bia for the year, annual estimates of the expenditures and

21 appropriations necessary for the maintenance and oper22 ation of the department or agency. All such estimates shall

23 be forwarded by the Mayor to the Council, for its action

24 pursuant to sections 446 and 603(c) of the District of Co25 lumbia Home Rule Act, without revision but subject to the
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1 Mayor’s recommendations. Notwithstanding any provision

2 of the District of Columbia Home Rule Act (87 Stat. 774;

3 Public Law 93–198), the Council may comment or make

4 recommendations concerning such annual estimates but

5 shall have no authority under such Act to revise such esti6 mates.

7 SEC. 126. (a) RESTRICTIONS ON USE OF OFFICIAL VE8 HICLES.—Except as otherwise provided in this section, none

9 of the funds made available by this Act or by any other

10 Act may be used to provide any officer or employee of the

11 District of Columbia with an official vehicle unless the offi12 cer or employee uses the vehicle only in the performance

13 of the officer’s or employee’s official duties. For purposes

14 of this paragraph, the term ‘‘official duties’’ does not in15 clude travel between the officer’s or employee’s residence and

16 workplace (except: (1) in the case of an officer or employee

17 of the Metropolitan Police Department who resides in the

18 District of Columbia or is otherwise designated by the Chief

19 of the Department; (2) at the discretion of the Fire Chief,

20 an officer or employee of the District of Columbia Fire and

21 Emergency Medical Services Department who resides in the

22 District of Columbia and is on call 24 hours a day; (3)

23 the Mayor of the District of Columbia; and (4) the Chair24 man of the Council of the District of Columbia).
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1 (b) INVENTORY OF VEHICLES.—The Chief Financial

2 Officer of the District of Columbia shall submit, by Novem3 ber 15, 2000, an inventory, as of September 30, 2000, of

4 all vehicles owned, leased or operated by the District of Co5 lumbia government. The inventory shall include, but not

6 be limited to, the department to which the vehicle is as7 signed; the year and make of the vehicle; the acquisition

8 date and cost; the general condition of the vehicle; annual

9 operating and maintenance costs; current mileage; and

10 whether the vehicle is allowed to be taken home by a District

11 officer or employee and if so, the officer or employee’s title

12 and resident location.

13 SEC. 127. (a) SOURCE OF PAYMENT FOR EMPLOYEES

14 DETAILED WITHIN GOVERNMENT.—For purposes of deter15 mining the amount of funds expended by any entity within

16 the District of Columbia government during fiscal year

17 2001 and each succeeding fiscal year, any expenditures of

18 the District government attributable to any officer or em19 ployee of the District government who provides services

20 which are within the authority and jurisdiction of the enti21 ty (including any portion of the compensation paid to the

22 officer or employee attributable to the time spent in pro23 viding such services) shall be treated as expenditures made

24 from the entity’s budget, without regard to whether the offi-
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1 cer or employee is assigned to the entity or otherwise treated

2 as an officer or employee of the entity.

3 (b) MODIFICATION OF REDUCTION IN FORCE PROCE4 DURES.—Section 2408 of the District of Columbia Govern5 ment Comprehensive Merit Personnel Act of 1978, effective

6 March 3, 1979 (D.C. Law 2–139; D.C. Code, sec. 1–625.7),

7 is amended as follows:

8 (a) Subsection (a) is amended by striking the

9 date ‘‘September 30, 2000’’ and inserting the phrase

10 ‘‘September 30, 2000, and each subsequent fiscal

11 year’’ in its place.

12 (b) Subsection (b) is amended by striking the

13 phrase ‘‘Prior to February 1, 2000’’ and inserting the

14 phrase ‘‘Prior to February 1 of each year’’ in its

15 place.

16 (c) Subsection (i) is amended by striking the

17 phrase ‘‘March 1, 2000’’ and inserting the phrase

18 ‘‘March 1 of each year’’ in its place.

19 (d) Subsection (k) is amended by striking the

20 phrase ‘‘September 1, 2000’’ and inserting the phrase

21 ‘‘September 1 of each year’’ in its place.

22 SEC. 128. Notwithstanding any other provision of law,

23 not later than 120 days after the date that a District of

24 Columbia Public Schools (DCPS) student is referred for

25 evaluation or assessment—
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1 (1) the District of Columbia Board of Education,

2 or its successor, and DCPS shall assess or evaluate a

3 student who may have a disability and who may re4 quire special education services; and

5 (2) if a student is classified as having a dis6 ability, as defined in section 101(a)(1) of the Individ7 uals with Disabilities Education Act (84 Stat. 175;

8 20 U.S.C. 1401(a)(1)) or in section 7(8) of the Reha9 bilitation Act of 1973 (87 Stat. 359; 29 U.S.C.

10 706(8)), the Board and DCPS shall place that student

11 in an appropriate program of special education serv12 ices.

13 SEC. 129. (a) COMPLIANCE WITH BUY AMERICAN

14 ACT.—None of the funds made available in this Act may

15 be expended by an entity unless the entity agrees that in

16 expending the funds the entity will comply with the Buy

17 American Act (41 U.S.C. 10a–10c).

18 (b) SENSE OF THE CONGRESS; REQUIREMENT RE19 GARDING NOTICE.—

20 (1) PURCHASE OF AMERICAN-MADE EQUIPMENT

21 AND PRODUCTS.—In the case of any equipment or

22 product that may be authorized to be purchased with

23 financial assistance provided using funds made avail24 able in this Act, it is the sense of the Congress that

25 entities receiving the assistance should, in expending
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1 the assistance, purchase only American-made equip2 ment and products to the greatest extent practicable.

3 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

4 providing financial assistance using funds made

5 available in this Act, the head of each agency of the

6 Federal or District of Columbia government shall pro7 vide to each recipient of the assistance a notice de8 scribing the statement made in paragraph (1) by the

9 Congress.

10 (c) PROHIBITION OF CONTRACTS WITH PERSONS

11 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

12 If it has been finally determined by a court or Federal agen13 cy that any person intentionally affixed a label bearing a

14 ‘‘Made in America’’ inscription, or any inscription with

15 the same meaning, to any product sold in or shipped to

16 the United States that is not made in the United States,

17 the person shall be ineligible to receive any contract or sub18 contract made with funds made available in this Act, pur19 suant to the debarment, suspension, and ineligibility proce20 dures described in sections 9.400 through 9.409 of title 48,

21 Code of Federal Regulations.

22 SEC. 130. None of the funds contained in this Act may

23 be used for purposes of the annual independent audit of

24 the District of Columbia government (including the District
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1 of Columbia Financial Responsibility and Management As2 sistance Authority) for fiscal year 2001 unless—

3 (1) the audit is conducted by the Inspector Gen4 eral of the District of Columbia pursuant to section

5 208(a)(4) of the District of Columbia Procurement

6 Practices Act of 1985 (D.C. Code, sec. 1–

7 1182.8(a)(4)); and

8 (2) the audit includes a comparison of audited

9 actual year-end results with the revenues submitted in

10 the budget document for such year and the appropria11 tions enacted into law for such year.

12 SEC. 131. None of the funds contained in this Act may

13 be used by the District of Columbia Corporation Counsel

14 or any other officer or entity of the District government

15 to provide assistance for any petition drive or civil action

16 which seeks to require Congress to provide for voting rep17 resentation in Congress for the District of Columbia.

18 SEC. 132. No later than November 1, 2000, or within

19 30 calendar days after the date of the enactment of this

20 Act, whichever occurs later, the Chief Financial Officer of

21 the District of Columbia shall submit to the appropriate

22 committees of Congress, the Mayor, and the District of Co23 lumbia Financial Responsibility and Management Assist24 ance Authority a revised appropriated funds operating

25 budget in the format of the budget that the District of Co-
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1 lumbia government submitted pursuant to section 442 of

2 the District of Columbia Home Rule Act (Public Law 93–

3 198; D.C. Code, sec. 47–301), for all agencies of the District

4 of Columbia government for such fiscal year that is in the

5 total amount of the approved appropriation and that re6 aligns all budgeted data for personal services and other7 than-personal-services, respectively, with anticipated actual

8 expenditures.

9 SEC. 133. (a) None of the funds contained in this Act

10 may be used for any program of distributing sterile needles

11 or syringes for the hypodermic injection of any illegal drug.

12 (b) Any individual or entity who receives any funds

13 contained in this Act and who carries out any program

14 described in subsection (a) shall account for all funds used

15 for such program separately from any funds contained in

16 this Act.

17 SEC. 134. (a) RESTRICTIONS ON LEASES.—Upon the

18 expiration of the 60-day period that begins on the date of

19 the enactment of this Act, none of the funds contained in

20 this Act may be used to make rental payments under a lease

21 for the use of real property by the District of Columbia gov22 ernment (including any independent agency of the District)

23 unless the lease and an abstract of the lease have been filed

24 (by the District of Columbia or any other party to the lease)

25 with the central office of the Deputy Mayor for Economic
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1 Development, in an indexed registry available for public in2 spection.

3 (b) ADDITIONAL RESTRICTIONS ON CURRENT

4 LEASES.—

5 (1) IN GENERAL.—Upon the expiration of the

6 60-day period that begins on the date of the enact7 ment of this Act, in the case of a lease described in

8 paragraph (3), none of the funds contained in this

9 Act may be used to make rental payments under the

10 lease unless the lease is included in periodic reports

11 submitted by the Mayor and Council of the District

12 of Columbia to the Committees on Appropriations of

13 the House of Representatives and Senate describing

14 for each such lease the following information:

15 (A) The location of the property involved,

16 the name of the owners of record according to the

17 land records of the District of Columbia, the

18 name of the lessors according to the lease, the

19 rate of payment under the lease, the period of

20 time covered by the lease, and the conditions

21 under which the lease may be terminated.

22 (B) The extent to which the property is or

23 is not occupied by the District of Columbia gov24 ernment as of the end of the reporting period in25 volved.
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1 (C) If the property is not occupied and uti2 lized by the District government as of the end of

3 the reporting period involved, a plan for occu4 pying and utilizing the property (including con5 struction or renovation work) or a status state6 ment regarding any efforts by the District to ter7 minate or renegotiate the lease.

8 (2) TIMING OF REPORTS.—The reports described

9 in paragraph (1) shall be submitted for each calendar

10 quarter (beginning with the quarter ending December

11 31, 2000) not later than 20 days after the end of the

12 quarter involved, plus an initial report submitted not

13 later than 60 days after the date of the enactment of

14 this Act, which shall provide information as of the

15 date of the enactment of this Act.

16 (3) LEASES DESCRIBED.—A lease described in

17 this paragraph is a lease in effect as of the date of

18 the enactment of this Act for the use of real property

19 by the District of Columbia government (including

20 any independent agency of the District) which is not

21 being occupied by the District government (including

22 any independent agency of the District) as of such

23 date or during the 60-day period which begins on the

24 date of the enactment of this Act.
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1 SEC. 135. (a) MANAGEMENT OF EXISTING DISTRICT

2 GOVERNMENT PROPERTY.—Upon the expiration of the 60-

3 day period that begins on the date of the enactment of this

4 Act, none of the funds contained in this Act may be used

5 to enter into a lease (or to make rental payments under

6 such a lease) for the use of real property by the District

7 of Columbia government (including any independent agen8 cy of the District) or to purchase real property for the use

9 of the District of Columbia government (including any

10 independent agency of the District) or to manage real prop11 erty for the use of the District of Columbia (including any

12 independent agency of the District) unless the following con13 ditions are met:

14 (1) The Mayor and Council of the District of Co15 lumbia certify to the Committees on Appropriations

16 of the House of Representatives and Senate that exist17 ing real property available to the District (whether

18 leased or owned by the District government) is not

19 suitable for the purposes intended.

20 (2) Notwithstanding any other provisions of law,

21 there is made available for sale or lease all real prop22 erty of the District of Columbia that the Mayor from

23 time-to-time determines is surplus to the needs of the

24 District of Columbia, unless a majority of the mem25 bers of the Council override the Mayor’s determina-
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1 tion during the 30-day period which begins on the

2 date the determination is published.

3 (3) The Mayor and Council implement a pro4 gram for the periodic survey of all District property

5 to determine if it is surplus to the needs of the Dis6 trict.

7 (4) The Mayor and Council within 60 days of

8 the date of the enactment of this Act have filed with

9 the Committees on Appropriations of the House of

10 Representatives and Senate, the Committee on Gov11 ernment Reform of the House of Representatives, and

12 the Committee on Governmental Affairs of the Senate

13 a report which provides a comprehensive plan for the

14 management of District of Columbia real property as15 sets, and are proceeding with the implementation of

16 the plan.

17 (b) TERMINATION OF PROVISIONS.—If the District of

18 Columbia enacts legislation to reform the practices and pro19 cedures governing the entering into of leases for the use of

20 real property by the District of Columbia government and

21 the disposition of surplus real property of the District gov22 ernment, the provisions of subsection (a) shall cease to be

23 effective upon the effective date of the legislation.

24 SEC. 136. CERTIFICATION.—None of the funds con25 tained in this Act may be used after the expiration of the
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1 60-day period that begins on the date of the enactment of

2 this Act to pay the salary of any chief financial officer of

3 any office of the District of Columbia government (includ4 ing any independent agency of the District) who has not

5 filed a certification with the Mayor and the Chief Financial

6 Officer of the District of Columbia that the officer under7 stands the duties and restrictions applicable to the officer

8 and their agency as a result of this Act.

9 SEC. 137. The proposed budget of the government of

10 the District of Columbia for fiscal year 2002 that is sub11 mitted by the District to Congress shall specify potential

12 adjustments that might become necessary in the event that

13 the operational improvements savings and management re14 form savings achieved by the District during the year do

15 not meet the level of management savings projected by the

16 District under the proposed budget.

17 SEC. 138. In submitting any document showing the

18 budget for an office of the District of Columbia government

19 (including an independent agency of the District) that con20 tains a category of activities labeled as ‘‘other’’, ‘‘miscella21 neous’’, or a similar general, nondescriptive term, the docu22 ment shall include a description of the types of activities

23 covered in the category and a detailed breakdown of the

24 amount allocated for each such activity.
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1 SEC. 139. (a) None of the funds contained in this Act

2 may be used to enact or carry out any law, rule, or regula3 tion to legalize or otherwise reduce penalties associated with

4 the possession, use, or distribution of any schedule I sub5 stance under the Controlled Substances Act (21 U.S.C. 802)

6 or any tetrahydrocannabinols derivative.

7 (b) The Legalization of Marijuana for Medical Treat8 ment Initiative of 1998, also known as Initiative 59, ap9 proved by the electors of the District of Columbia on Novem10 ber 3, 1998, shall not take effect.

11 SEC. 140. Nothing in this Act bars the District of Co12 lumbia Corporation Counsel from reviewing or commenting

13 on briefs in private lawsuits, or from consulting with offi14 cials of the District government regarding such lawsuits.

15 SEC. 141. (a) Nothing in the Federal Grant and Coop16 erative Agreements Act of 1977 (31 U.S.C. 6301 et seq.)

17 may be construed to prohibit the Administrator of the Envi18 ronmental Protection Agency from negotiating and entering

19 into cooperative agreements and grants authorized by law

20 which affect real property of the Federal Government in the

21 District of Columbia if the principal purpose of the cooper22 ative agreement or grant is to provide comparable benefits

23 for Federal and non-Federal properties in the District of

24 Columbia.
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1 (b) Subsection (a) shall apply with respect to fiscal

2 year 2001 and each succeeding fiscal year.

3 SEC. 142. (a) IN GENERAL.—The District of Columbia

4 Home Rule Act is amended by inserting after section 450

5 the following:

6 ‘‘COMPREHENSIVE FINANCIAL MANAGEMENT POLICY

7 ‘‘SEC. 450B. (a) COMPREHENSIVE FINANCIAL MAN8 AGEMENT POLICY.—The District of Columbia shall conduct

9 its financial management in accordance with a comprehen10 sive financial management policy.

11 ‘‘(b) CONTENTS OF POLICY.—The comprehensive fi12 nancial management policy shall include, but not be lim13 ited to, the following:

14 ‘‘(1) A cash management policy.

15 ‘‘(2) A debt management policy.

16 ‘‘(3) A financial asset management policy.

17 ‘‘(4) A contingency reserve management policy

18 in accordance with section 450A(a)(3).

19 ‘‘(5) An emergency reserve management policy

20 in accordance with section 450A(b)(3).

21 ‘‘(6) A policy for determining real property tax

22 exemptions for the District of Columbia.

23 ‘‘(c) ANNUAL REVIEW.—The comprehensive financial

24 management policy shall be reviewed at the end of each fis25 cal year by the Chief Financial Officer who shall—
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1 ‘‘(1) not later than July 1 of each year, submit

2 any proposed changes in the policy to the Mayor for

3 review and the District of Columbia Financial Re4 sponsibility and Management Assistance Authority

5 (in a control year);

6 ‘‘(2) not later than August 1 of each year, after

7 consideration of any comments received under para8 graph (1), submit the changes to the Council of the

9 District of Columbia for approval; and

10 ‘‘(3) not later than September 1 of each year, no11 tify the Committees on Appropriations of the Senate

12 and House of Representatives, the Committee on Gov13 ernment Reform of the House of Representatives, and

14 the Committee on Governmental Affairs of the Senate

15 of any changes enacted by the Council of the District

16 of Columbia.

17 ‘‘(d) PROCEDURE FOR DEVELOPMENT OF FIRST COM18 PREHENSIVE FINANCIAL MANAGEMENT POLICY.—

19 ‘‘(1) CFO.—Not later than April 1, 2001, the

20 Chief Financial Officer shall submit to the Mayor an

21 initial proposed comprehensive financial management

22 policy for the District of Columbia pursuant to sec23 tion 450B of the District of Columbia Home Rule

24 Act.
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1 ‘‘(2) COUNCIL.—Following review and comment

2 by the Mayor, not later than May 1, 2001, the Chief

3 Financial Officer shall submit the proposed financial

4 management policy to the Council of the District of

5 Columbia for its prompt review and adoption.

6 ‘‘(3) AUTHORITY.—Upon adoption of the finan7 cial management policy under paragraph (2), the

8 Council shall immediately submit the policy to the

9 District of Columbia Financial Responsibility and

10 Management Assistance Authority for a review of not

11 to exceed 30 days.

12 ‘‘(4) CONGRESS.—Following review of the finan13 cial management policy by the Authority under para14 graph (3), the Authority shall submit the policy to the

15 Committees on Appropriations of the Senate and

16 House of Representatives, the Committee on Govern17 ment Reform of the House of Representatives, and the

18 Committee on Governmental Affairs of the Senate for

19 review and the policy shall take effect 30 days after

20 the date the policy is submitted under this para21 graph.’’.

22 (b) EFFECTIVE DATE.—This section and the amend23 ments made by this section shall take effect on October 1,

24 2000.
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1 APPOINTMENT AND DUTIES OF CHIEF FINANCIAL OFFICER

2 SEC. 143. (a) APPOINTMENT AND DISMISSAL.—Section

3 424(b) of the District of Columbia Home Rule Act (sec. 47–

4 317.2, D.C. Code) is amended—

5 (1) in paragraph (1)(B), by adding at the end

6 the following: ‘‘Upon confirmation by the Council, the

7 name of the Chief Financial Officer shall be submitted

8 to the Committees on Appropriations of the Senate

9 and House of Representatives, the Committee on Gov10 ernmental Affairs of the Senate, and the Committee

11 on Government Reform of the House of Representa12 tives for a 30-day period of review and comment be13 fore the appointment takes effect.’’; and

14 (2) in paragraph (2)(B), by striking the period

15 at the end and inserting the following: ‘‘upon dis16 missal by the Mayor and approval of that dismissal

by a 2 17 ⁄3 vote of the Council of the District of Colum18 bia. Upon approval of the dismissal by the Council,

19 notice of the dismissal shall be submitted to the Com20 mittees on Appropriations of the Senate and House of

21 Representatives, the Committee on Governmental Af22 fairs of the Senate, and the Committee on Govern23 ment Reform of the House of Representatives for a 30-

24 day period of review and comment before the dis25 missal takes effect.’’.
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1 (b) FUNCTIONS.—

2 (1) IN GENERAL.—Section 424(c) of such Act

3 (sec. 47–317.3, D.C. Code) is amended—

4 (A) in the heading, by striking ‘‘DURING A

5 CONTROL YEAR’’;

6 (B) in the matter preceding paragraph (1),

7 by striking ‘‘During a control year, the Chief Fi8 nancial Officer’’ and inserting ‘‘The Chief Fi9 nancial Officer’’;

10 (C) in paragraph (1), by striking ‘‘Pre11 paring’’ and inserting ‘‘During a control year,

12 preparing’’;

13 (D) in paragraph (3), by striking ‘‘Assur14 ing’’ and inserting ‘‘During a control year, as15 suring’’;

16 (E) in paragraph (5), by striking ‘‘With the

17 Approval’’ and all that follows through ‘‘the

18 Council—’’ and inserting ‘‘Preparing and sub19 mitting to the Mayor and the Council, with the

20 approval of the Authority during a control

21 year—’’;

22 (F) in paragraph (11), by striking ‘‘or the

23 Authority’’ and inserting ‘‘(or by the Authority

24 during a control year)’’; and
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1 (G) by adding at the end the following new

2 paragraphs:

3 ‘‘(18) Exercising responsibility for the adminis4 tration and supervision of the District of Columbia

5 Treasurer (except that the Chief Financial Officer

6 may delegate any portion of such responsibility as the

7 Chief Financial Officer considers appropriate and

8 consistent with efficiency).

9 ‘‘(19) Administering all borrowing programs of

10 the District government for the issuance of long-term

11 and short-term indebtedness.

12 ‘‘(20) Administering the cash management pro13 gram of the District government, including the invest14 ment of surplus funds in governmental and non-gov15 ernmental interest-bearing securities and accounts.

16 ‘‘(21) Administering the centralized District gov17 ernment payroll and retirement systems.

18 ‘‘(22) Governing the accounting policies and sys19 tems applicable to the District government.

20 ‘‘(23) Preparing appropriate annual, quarterly,

21 and monthly financial reports of the accounting and

22 financial operations of the District government.

23 ‘‘(24) Not later than 120 days after the end of

24 each fiscal year, preparing the complete financial

25 statement and report on the activities of the District
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1 government for such fiscal year, for the use of the

2 Mayor under section 448(a)(4).’’.

3 (2) CONFORMING AMENDMENTS.—Section 424 of

4 such Act (sec. 47–317.1 et seq., D.C. Code) is

5 amended—

6 (A) by striking subsection (d);

7 (B) in subsection (e)(2), by striking ‘‘or

8 subsection (d)’’; and

9 (C) by redesignating subsections (e) and (f)

10 as subsections (d) and (e), respectively.

11 SEC. 144. (a) Notwithstanding the provisions of the

12 District of Columbia Government Comprehensive Merit

13 Personnel Act of 1978 (D.C. Law 2–139; D.C. Code 1–

14 601.1 et seq.), or any other District of Columbia law, stat15 ute, regulation, the provisions of the District of Columbia

16 Personnel Manual, or the provisions of any collective bar17 gaining agreement, employees of the District of Columbia

18 government will only receive compensation for overtime

19 work in excess of 40 hours per week (or other applicable

20 tour of duty) of work actually performed, in accordance

21 with the provisions of the Fair Labor Standards Act, 29

22 U.S.C. § 201 et seq.

23 (b) Subsection (a) of this section shall be effective De24 cember 27, 1996. The Resolution and Order of the District

25 of Columbia Financial Responsibility and Management
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1 Assistance Authority, dated December 27, 1996, is hereby

2 ratified and approved and shall be given full force and ef3 fect.

4 SEC. 145. (a) IN GENERAL.—Notwithstanding section

5 503 of Public Law 100–71 and as provided in subsection

6 (b), the Court Services and Offender Supervision Agency

7 for the District of Columbia (in this section referred to as

8 the ‘‘agency’’) may implement and administer the Drug

9 Free Workplace Program of the agency, dated July 28,

10 2000, for employment applicants of the agency.

11 (b) EFFECTIVE PERIOD.—The waiver provided by sub12 section (a) shall—

13 (1) take effect on enactment; and

14 (2) terminate on the date the Department of

15 Health and Human Services approves the drug pro16 gram of the agency pursuant to section 503 of Public

17 Law 100–71 or 12 months after the date referred to

18 in paragraph (1), whichever is later.

19 SEC. 146. The Mayor of the District of Columbia shall

20 submit quarterly reports to the Senate Committees on Ap21 propriations and Governmental Affairs, commencing Octo22 ber 1, 2000, addressing the following issues: (1) crime, in23 cluding the homicide rate, implementation of community

24 policing, the number of police officers on local beats, and

25 the closing down of open-air drug markets; (2) access to
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1 drug abuse treatment, including the number of treatment

2 slots, the number of people served, the number of people on

3 waiting lists, and the effectiveness of treatment programs;

4 (3) management of parolees and pre-trial violent offenders,

5 including the number of halfway house escapes and steps

6 taken to improve monitoring and supervision of halfway

7 house residents to reduce the number of escapes to be pro8 vided in consultation with the Court Services and Offender

9 Supervision Agency; (4) education, including access to spe10 cial education services and student achievement to be pro11 vided in consultation with the District of Columbia Public

12 Schools; (5) improvement in basic District services, includ13 ing rat control and abatement; (6) application for and

14 management of Federal grants, including the number and

15 type of grants for which the District was eligible but failed

16 to apply and the number and type of grants awarded to

17 the District but which the District failed to spend the

18 amounts received; and (7) indicators of child well-being.

19 RESERVE FUNDS

20 SEC. 147. (a) ESTABLISHMENT OF RESERVE

21 FUNDS.—

22 (1) IN GENERAL.—The District of Columbia

23 Home Rule Act is amended by inserting after section

24 450 the following new section:

25 ‘‘RESERVE FUNDS

26 ‘‘SEC. 450A. (a) EMERGENCY RESERVE FUND.—
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1 ‘‘(1) IN GENERAL.—There is established an emer2 gency cash reserve fund (in this subsection referred to

3 as the ‘emergency reserve fund’) as an interest-bearing

4 account (separate from other accounts in the General

5 Fund) into which the Mayor shall deposit in cash not

6 later than February 15 of each fiscal year (or not

7 later than October 1, 2000, in the case of fiscal year

8 2001) such amount as may be required to maintain

9 a balance in the fund of at least 4 percent of the total

10 budget appropriated for operating expenditures for

11 such fiscal year which is derived from local funds (or,

12 in the case of fiscal years prior to fiscal year 2004,

13 such amount as may be required to maintain a bal14 ance in the fund of at least the minimum emergency

15 reserve balance for such fiscal year, as determined

16 under paragraph (2)).

17 ‘‘(2) DETERMINATION OF MINIMUM EMERGENCY

18 RESERVE BALANCE.—

19 ‘‘(A) IN GENERAL.—The ‘minimum emer20 gency reserve balance’ with respect to a fiscal

21 year is the amount equal to the applicable per22 centage of the total budget appropriated for oper23 ating expenditures for such fiscal year which is

24 derived from local funds.
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1 ‘‘(B) APPLICABLE PERCENTAGE DEFINED.—

2 In subparagraph (A), the ‘applicable percentage’

3 with respect to a fiscal year means the following:

4 ‘‘(i) For fiscal year 2001, 1 percent.

5 ‘‘(ii) For fiscal year 2002, 2 percent.

6 ‘‘(iii) For fiscal year 2003, 3 percent.

7 ‘‘(3) INTEREST.—Interest earned on the emer8 gency reserve fund shall remain in the account and

9 shall only be withdrawn in accordance with para10 graph (4).

11 ‘‘(4) CRITERIA FOR USE OF AMOUNTS IN EMER12 GENCY RESERVE FUND.—The Chief Financial Officer,

13 in consultation with the Mayor, shall develop a policy

14 to govern the emergency reserve fund which shall in15 clude (but which may not be limited to) the following

16 requirements:

17 ‘‘(A) The emergency reserve fund may be

18 used to provide for unanticipated and non19 recurring extraordinary needs of an emergency

20 nature, including a natural disaster or calamity

21 as defined by section 102 of the Robert T. Staf22 ford Disaster Relief and Emergency Assistance

23 Act (Public Law 100–707) or unexpected obliga24 tions by Federal law.
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1 ‘‘(B) The emergency reserve fund may also

2 be used in the event of a State of Emergency as

3 declared by the Mayor pursuant to section 5 of

4 the District of Columbia Public Emergency Act

5 of 1980 (sec. 6–1504, D.C. Code).

6 ‘‘(C) The emergency reserve fund may not

7 be used to fund—

8 ‘‘(i) any department, agency, or office

9 of the Government of the District of Colum10 bia which is administered by a receiver or

11 other official appointed by a court;

12 ‘‘(ii) shortfalls in any projected reduc13 tions which are included in the budget pro14 posed by the District of Columbia for the

15 fiscal year; or

16 ‘‘(iii) settlements and judgments made

17 by or against the Government of the Dis18 trict of Columbia.

19 ‘‘(5) ALLOCATION OF EMERGENCY CASH RESERVE

20 FUNDS.—Funds may be allocated from the emergency

21 reserve fund only after—

22 ‘‘(A) an analysis has been prepared by the

23 Chief Financial Officer of the availability of

24 other sources of funding to carry out the pur25 poses of the allocation and the impact of such al-
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1 location on the balance and integrity of the

2 emergency reserve fund; and

3 ‘‘(B) with respect to fiscal years beginning

4 with fiscal year 2005, the contingency reserve

5 fund established by subsection (b) has been pro6 jected by the Chief Financial Officer to be ex7 hausted at the time of the allocation.

8 ‘‘(6) NOTICE.—The Mayor, the Council, and (in

9 the case of a fiscal year which is a control year, as

10 defined in section 305(4) of the District of Columbia

11 Financial Responsibility and Management Assistance

12 Act of 1995) the District of Columbia Financial Re13 sponsibility and Management Assistance Authority

14 shall notify the Committees on Appropriations of the

15 Senate and House of Representatives in writing not

16 more than 30 days after the expenditure of funds

17 from the emergency reserve fund.

18 ‘‘(7) REPLENISHMENT.—The District of Colum19 bia shall appropriate sufficient funds each fiscal year

20 in the budget process to replenish any amounts allo21 cated from the emergency reserve fund during the pre22 ceding fiscal year by the following fiscal year. Once

23 the emergency reserve equals 4 percent of total budget

24 appropriated for operating expenditures for the fiscal

25 year, the District of Columbia shall appropriate suffi-
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1 cient funds each fiscal year in the budget process to

2 replenish any amounts allocated from the emergency

3 reserve fund during the preceding year to maintain

4 a balance of at least 4 percent of total funds appro5 priated for operating expenditures by the following

6 fiscal year.

7 ‘‘(b) CONTINGENCY RESERVE FUND.—

8 ‘‘(1) IN GENERAL.—There is established a con9 tingency cash reserve fund (in this subsection referred

10 to as the ‘contingency reserve fund’) as an interest11 bearing account (separate from other accounts in the

12 General Fund) into which the Mayor shall deposit in

13 cash not later than October 1 of each fiscal year (be14 ginning with fiscal year 2005) such amount as may

15 be required to maintain a balance in the fund of at

16 least 3 percent of the total budget appropriated for

17 operating expenditures for such fiscal year which is

18 derived from local funds (or, in the case of fiscal

19 years prior to fiscal year 2007, such amount as may

20 be required to maintain a balance in the fund of at

21 least the minimum contingency reserve balance for

22 such fiscal year, as determined under paragraph (2)).

23 ‘‘(2) DETERMINATION OF MINIMUM CONTINGENCY

24 RESERVE BALANCE.—
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1 ‘‘(A) IN GENERAL.—The ‘minimum contin2 gency reserve balance’ with respect to a fiscal

3 year is the amount equal to the applicable per4 centage of the total budget appropriated for oper5 ating expenditures for such fiscal year which is

6 derived from local funds.

7 ‘‘(B) APPLICABLE PERCENTAGE DEFINED.—

8 In subparagraph (A), the ‘applicable percentage’

9 with respect to a fiscal year means the following:

10 ‘‘(i) For fiscal year 2005, 1 percent.

11 ‘‘(ii) For fiscal year 2006, 2 percent.

12 ‘‘(3) INTEREST.—Interest earned on the contin13 gency reserve fund shall remain in the account and

14 may only be withdrawn in accordance with para15 graph (4).

16 ‘‘(4) CRITERIA FOR USE OF AMOUNTS IN CONTIN17 GENCY RESERVE FUND.—The Chief Financial Officer,

18 in consultation with the Mayor, shall develop a policy

19 governing the use of the contingency reserve fund

20 which shall include (but which may not be limited to)

21 the following requirements:

22 ‘‘(A) The contingency reserve fund may

23 only be used to provide for nonrecurring or un24 foreseen needs that arise during the fiscal year,

25 including expenses associated with unforeseen
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1 weather or other natural disasters, unexpected

2 obligations created by Federal law or new public

3 safety or health needs or requirements that have

4 been identified after the budget process has oc5 curred, or opportunities to achieve cost savings.

6 ‘‘(B) The contingency reserve fund may be

7 used, if needed, to cover revenue shortfalls experi8 enced by the District government for 3 consecu9 tive months (based on a 2 month rolling average)

10 that are 5 percent or more below the budget fore11 cast.

12 ‘‘(C) The contingency reserve fund may not

13 be used to fund any shortfalls in any projected

14 reductions which are included in the budget pro15 posed by the District of Columbia for the fiscal

16 year.

17 ‘‘(5) ALLOCATION OF CONTINGENCY CASH RE18 SERVE.—Funds may be allocated from the contin19 gency reserve fund only after an analysis has been

20 prepared by the Chief Financial Officer of the avail21 ability of other sources of funding to carry out the

22 purposes of the allocation and the impact of such allo23 cation on the balance and integrity of the contingency

24 reserve fund.
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1 ‘‘(6) REPLENISHMENT.—The District of Colum2 bia shall appropriate sufficient funds each fiscal year

3 in the budget process to replenish any amounts allo4 cated from the contingency reserve fund during the

5 preceding fiscal year by the following fiscal year.

6 Once the contingency reserve equals 3 percent of total

7 funds appropriated for operating expenditures, the

8 District of Columbia shall appropriate sufficient

9 funds each fiscal year in the budget process to replen10 ish any amounts allocated from the contingency re11 serve fund during the preceding year to maintain a

12 balance of at least 3 percent of total funds appro13 priated for operating expenditures by the following

14 fiscal year.

15 ‘‘(c) QUARTERLY REPORTS.—The Chief Financial Of16 ficer shall submit a quarterly report to the Mayor, the

17 Council, the District of Columbia Financial Responsibility

18 and Management Assistance Authority (in the case of a fis19 cal year which is a control year, as defined in section

20 305(4) of the District of Columbia Financial Responsibility

21 and Management Assistance Act of 1995), and the Commit22 tees on Appropriations of the Senate and House of Rep23 resentatives that includes a monthly statement on the bal24 ance and activities of the contingency and emergency re25 serve funds.’’.
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1 (2) CLERICAL AMENDMENT.—The table of con2 tents for the District of Columbia Home Rule Act is

3 amended by inserting after the item relating to sec4 tion 450 the following new item:

‘‘Sec. 450A. Reserve funds.’’.

5 (b) CONFORMING AMENDMENTS.—

6 (1) CURRENT RESERVE FUND.—Section 202(j) of

7 the District of Columbia Financial Responsibility

8 and Management Assistance Act of 1995 (sec. 47–

9 392.2(j), D.C. Code) is amended by striking ‘‘Begin10 ning with fiscal year 2000, the plan or budget sub11 mitted pursuant to this Act’’ and inserting ‘‘For each

12 of the fiscal years 2000 through 2004, the budget of

13 the District government for the fiscal year’’.

14 (2) POSITIVE FUND BALANCE.—Section 202(k) of

15 such Act (sec. 47–392.2(k), D.C. Code) is repealed.

16 (c) EFFECTIVE DATE.—This section and the amend17 ments made by this section shall take effect on October 1,

18 2000.
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1 This Act may be cited as the ‘‘District of Columbia

2 Appropriations Act, 2001’’.

Passed the House of Representatives September 14,

2000.

Attest: JEFF TRANDAHL,

Clerk.

Passed the Senate September 27 (legislative day,

September 22), 2000.

Attest: GARY SISCO,

Secretary.