In the Senate of the United States,

September 27 (legislative day, September 22), 2000.

Resolved, That the bill from the House of Representatives (H.R. 4942) entitled ‘‘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.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 District of Columbia for the fiscal year ending September

4 30, 2001, and for other purposes, namely:
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1 FEDERAL FUNDS

2 FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

3 For a Federal payment to the District of Columbia

4 for a nationwide program to be administered by the Mayor

5 for District of Columbia resident tuition support,

6 $17,000,000, to remain available until expended: Provided,

7 That such funds may be used on behalf of eligible District

8 of Columbia residents to pay an amount based upon the

9 difference between in-State and out-of-State tuition at pub10 lic institutions of higher education, usable at both public

11 and private institutions of higher education: Provided fur12 ther, That the awarding of such funds may be prioritized

13 on the basis of a resident’s academic merit and such other

14 factors as may be authorized.

15 FEDERAL PAYMENT FOR INCENTIVES FOR ADOPTION OF

16 CHILDREN

17 The paragraph under the heading ‘‘Federal Payment

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

19 106–113, approved November 29, 1999 (113 Stat. 1501),

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

21 the District of Columbia to create incentives to promote the

22 adoption of children in the District of Columbia foster care

23 system, $5,000,000: Provided, That such funds shall remain

24 available until September 30, 2002, and shall be used to

25 carry out all of the provisions of title 38, except for section
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1 3808, of the Fiscal Year 2001 Budget Support Act of 2000,

2 D.C. Bill 13–679, enrolled June 12, 2000.’’.

3 FEDERAL PAYMENT FOR COMMERCIAL REVITALIZATION

4 PROGRAM

5 For a Federal payment to the District of Columbia,

6 $1,500,000, to remain available until expended, for the

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

8 Columbia, to provide offsets against local taxes for a com9 mercial revitalization program, such program to provide fi10 nancial inducements, including loans, grants, offsets to

11 local taxes and other instruments that promote commercial

12 revitalization in Enterprise Zones and low and moderate

13 income areas in the District of Columbia: Provided, That

14 in carrying out such a program, the Mayor shall use Fed15 eral commercial revitalization proposals introduced in Con16 gress as a guideline: Provided further, That not later than

17 180 days after the date of the enactment of this Act, the

18 Mayor shall report to the Committees on Appropriations

19 of the Senate and House of Representatives on the progress

20 made in carrying out the commercial revitalization pro21 gram.

22 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

23 PUBLIC SCHOOLS

24 For a Federal payment to the District of Columbia

25 Public Schools, $500,000: Provided, That $250,000 of said
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1 amount shall be used for a program to reduce school vio2 lence: Provided further, That $250,000 of said amount shall

3 be used for a program to enhance the reading skills of Dis4 trict public school students.

5 FEDERAL PAYMENT TO COVENANT HOUSE WASHINGTON

6 For a Federal payment to Covenant House Wash7 ington for a contribution to the construction in Southeast

8 Washington of a new community service center for homeless,

9 runaway and at-risk youth, $500,000.

10 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

11 CORRECTIONS TRUSTEE OPERATIONS

12 For salaries and expenses of the District of Columbia

13 Corrections Trustee, $134,200,000 for the administration

14 and operation of correctional facilities and for the adminis15 trative operating costs of the Office of the Corrections Trust16 ee, as authorized by section 11202 of the National Capital

17 Revitalization and Self-Government Improvement Act of

18 1997 (Public Law 105–33; 111 Stat. 712) of which

19 $1,000,000 is to fund an initiative to improve case proc20 essing in the District of Columbia criminal justice system:

21 Provided, That notwithstanding any other provision of law,

22 funds appropriated in this Act for the District of Columbia

23 Corrections Trustee shall be apportioned quarterly by the

24 Office of Management and Budget and obligated and ex25 pended in the same manner as funds appropriated for sala-
5

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1 ries and expenses of other Federal agencies: Provided fur2 ther, That in addition to the funds provided under this

3 heading, the District of Columbia Corrections Trustee may

4 use any remaining interest earned on the Federal payment

5 made to the Trustee under the District of Columbia Appro6 priations Act, 1998, to carry out the activities funded under

7 this heading.

8 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

9 COURTS

10 For salaries and expenses for the District of Columbia

11 Courts, $109,080,000 to be allocated as follows: for the Dis12 trict of Columbia Court of Appeals, $7,709,000; for the Dis13 trict of Columbia Superior Court, $72,399,000; for the Dis14 trict of Columbia Court System, $17,892,000; $5,255,000

15 to finance a pay adjustment of 8.48 percent for nonjudicial

16 employees; and $5,825,000, including $825,000 for roofing

17 repairs to the facility commonly referred to as the Old

18 Courthouse and located at 451 Indiana Avenue, Northwest,

19 to remain available until September 30, 2002, for capital

20 improvements for District of Columbia courthouse facilities:

21 Provided, That notwithstanding any other provision of law,

22 all amounts under this heading shall be apportioned quar23 terly by the Office of Management and Budget and obligated

24 and expended in the same manner as funds appropriated

25 for salaries and expenses of other Federal agencies, with
6

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1 payroll and financial services to be provided on a contrac2 tual basis with the General Services Administration (GSA),

3 said services to include the preparation of monthly finan4 cial reports, copies of which shall be submitted directly by

5 GSA to the President and to the Committees on Appropria6 tions of the Senate and House of Representatives, the Com7 mittee on Governmental Affairs of the Senate, and the Com8 mittee on Government Reform of the House of Representa9 tives.

10 DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS

11 For payments authorized under section 11–2604 and

12 section 11–2605, D.C. Code (relating to representation pro13 vided under the District of Columbia Criminal Justice Act),

14 payments for counsel appointed in proceedings in the Fam15 ily Division of the Superior Court of the District of Colum16 bia under chapter 23 of title 16, D.C. Code, and payments

17 for counsel authorized under section 21–2060, D.C. Code

18 (relating to representation provided under the District of

19 Columbia Guardianship, Protective Proceedings, and Dura20 ble Power of Attorney Act of 1986), $38,387,000, to remain

21 available until expended: Provided, That the funds provided

22 in this Act under the heading ‘‘Federal Payment to the Dis23 trict of Columbia Courts’’ (other than the $5,825,000 pro24 vided under such heading for capital improvements for Dis25 trict of Columbia courthouse facilities) may also be used
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1 for payments under this heading: Provided further, That

2 the Joint Committee on Judicial Administration in the

3 District of Columbia shall use funds provided in this Act

4 under the heading ‘‘Federal Payment to the District of Co5 lumbia Courts’’ (other than the $5,825,000 provided under

6 such heading for capital improvements for District of Co7 lumbia courthouse facilities), to make payments described

8 under this heading for obligations incurred during fiscal

9 year 2000 if the Comptroller General certifies that the

10 amount of obligations lawfully incurred for such payments

11 during fiscal year 2000 exceeds the obligational authority

12 otherwise available for making such payments: Provided

13 further, That such funds shall be administered by the Joint

14 Committee on Judicial Administration in the District of

15 Columbia: Provided further, That notwithstanding any

16 other provision of law, this appropriation shall be appor17 tioned quarterly by the Office of Management and Budget

18 and obligated and expended in the same manner as funds

19 appropriated for expenses of other Federal agencies, with

20 payroll and financial services to be provided on a contrac21 tual basis with the General Services Administration (GSA),

22 said services to include the preparation of monthly finan23 cial reports, copies of which shall be submitted directly by

24 GSA to the President and to the Committees on Appropria25 tions of the Senate and House of Representatives, the Com-
8

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1 mittee on Governmental Affairs of the Senate, and the Com2 mittee on Government Reform of the House of Representa3 tives: Provided further, That the District of Columbia

4 Courts shall implement the recommendations in the General

5 Accounting Office Report GAO/AIMD/OGC–99–226 regard6 ing payments to court-appointed attorneys and shall report

7 quarterly to the Office of Management and Budget and to

8 the Senate and House of Representatives Appropriations

9 Committees quarterly on the status of these reforms.

10 FEDERAL PAYMENT TO THE COURT SERVICES AND OF11 FENDER SUPERVISION AGENCY FOR THE DISTRICT OF

12 COLUMBIA

13 For salaries and expenses, including the transfer and

14 hire of motor vehicles, of the Court Services and Offender

15 Supervision Agency for the District of Columbia, as author16 ized by the National Capital Revitalization and Self-Gov17 ernment Improvement Act of 1997 (Public Law 105–33;

18 111 Stat. 712), $112,527,000, of which $67,521,000 shall

19 be for necessary expenses of Community Supervision and

20 Sex Offender Registration, to include expenses relating to

21 supervision of adults subject to protection orders or provi22 sion of services for or related to such persons; $18,778,000

23 shall be transferred to the Public Defender Service; and

24 $26,228,000 shall be available to the Pretrial Services Agen25 cy: Provided, That notwithstanding any other provision of
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1 law, all amounts under this heading shall be apportioned

2 quarterly by the Office of Management and Budget and ob3 ligated and expended in the same manner as funds appro4 priated for salaries and expenses of other Federal agencies:

5 Provided further, That notwithstanding section 446 of the

6 District of Columbia Home Rule Act or any provision of

7 subchapter III of chapter 13 of title 31, United States Code,

8 the use of interest earned on the Federal payment made to

9 the District of Columbia Offender Supervision, Defender,

10 and Court Services Agency under the District of Columbia

11 Appropriations Act, 1998, by the Agency during fiscal

12 years 1998 and 1999 shall not constitute a violation of such

13 Act or such subchapter.

14 METRORAIL CONSTRUCTION

15 For the Washington Metropolitan Area Transit Au16 thority [WMATA], a contribution of $25,000,000 to design

17 and build a Metrorail station located at New York and

18 Florida Avenues, Northeast: Provided, That, prior to the re19 lease of said funds from the Treasury, the District of Colum20 bia shall set aside an additional $25,000,000 for this project

21 in its Fiscal Year 2001 Budget and Financial Plan and,

22 further, shall establish a special taxing district for the

23 neighborhood of the proposed Metrorail station to provide

24 $25,000,000: Provided further, That the requirements of 49

25 U.S.C. 5309(a)(2) shall apply to this project.
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1 FEDERAL PAYMENT FOR BROWNFIELD REMEDIATION

2 For a Federal payment to the District of Columbia,

3 $3,450,000 for environmental and infrastructure costs at

4 Poplar Point: Provided, That of said amount, $2,150,000

5 shall be available for environmental assessment, site remedi6 ation and wetlands restoration of the 11 acres of real prop7 erty under the jurisdiction of the District of Columbia: Pro8 vided further, That no more than $1,300,000 shall be used

9 for infrastructure costs for an entrance to Anacostia Park:

10 Provided further, That none of said funds shall be used by

11 the District of Columbia to purchase private property in

12 the Poplar Point area.

13 PRESIDENTIAL INAUGURATION

14 For a payment to the District of Columbia to reim15 burse the District for expenses incurred in connection with

16 Presidential inauguration activities, $6,211,000, as author17 ized by section 737(b) of the District of Columbia Home

18 Rule Act, approved December 24, 1973 (87 Stat. 824; D.C.

19 Code, sec. 1–1132), which shall be apportioned by the Chief

20 Financial Officer within the various appropriation head21 ings in this Act.
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1 DISTRICT OF COLUMBIA FUNDS

2 OPERATING EXPENSES

3 DIVISION OF EXPENSES

4 The following amounts are appropriated for the Dis5 trict of Columbia for the current fiscal year out of the gen6 eral fund of the District of Columbia, except as otherwise

7 specifically provided: Provided, That notwithstanding any

8 other provision of law, except as provided in section 450A

9 of the District of Columbia Home Rule Act and section 124

10 of this Act, the total amount appropriated in this Act for

11 operating expenses for the District of Columbia for fiscal

12 year 2001 under this heading shall not exceed the lesser of

13 the sum of the total revenues of the District of Columbia

14 for such fiscal year or $5,546,536,000 (of which

15 $192,804,000 shall be from intra-District funds and

16 $3,096,383,000 shall be from local funds): Provided further,

17 That the Chief Financial Officer of the District of Columbia

18 and the District of Columbia Financial Responsibility and

19 Management Assistance Authority shall take such steps as

20 are necessary to assure that the District of Columbia meets

21 these requirements, including the apportioning by the Chief

22 Financial Officer of the appropriations and funds made

23 available to the District during fiscal year 2001, except that

24 the Chief Financial Officer may not reprogram for oper-
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1 ating expenses any funds derived from bonds, notes, or other

2 obligations issued for capital projects.

3 DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY AND

4 MANAGEMENT ASSISTANCE AUTHORITY

5 For the District of Columbia Financial Responsibility

6 and Management Assistance Authority (Authority), estab7 lished by section 101(a) of the District of Columbia Finan8 cial Responsibility and Management Assistance Act of 1995

9 (109 Stat. 97; Public Law 104–8), $6,500,000 from other

10 funds: Provided, That these funds be derived from accounts

11 held by the Authority on behalf of the District of Columbia.

12 GOVERNMENTAL DIRECTION AND SUPPORT

13 Governmental direction and support, $194,271,000

14 (including $160,672,000 from local funds, $20,424,000 from

15 Federal funds, and $13,175,000 from other funds): Pro16 vided, That of the $150,000,000 freed-up appropriations

17 provided for by this Act, $621,000 shall be available to the

18 Office of the Mayor, $2,500,000 to the Office of Property

19 Management, and $1,042,000 to be used for training,

20 prioritized pursuant to an act of the Council: Provided fur21 ther, That not to exceed $2,500 for the Mayor, $2,500 for

22 the Chairman of the Council of the District of Columbia,

23 and $2,500 for the City Administrator shall be available

24 from this appropriation for official purposes: Provided fur25 ther, That any program fees collected from the issuance of
13

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1 debt shall be available for the payment of expenses of the

2 debt management program of the District of Columbia: Pro3 vided further, That no revenues from Federal sources shall

4 be used to support the operations or activities of the State5 hood Commission and Statehood Compact Commission:

6 Provided further, That the District of Columbia shall iden7 tify the sources of funding for Admission to Statehood from

8 its own locally-generated revenues: Provided further, That

9 all employees permanently assigned to work in the Office

10 of the Mayor shall be paid from funds allocated to the Office

11 of the Mayor: Provided further, That $303,000 and no fewer

12 than 5 FTEs shall be available exclusively to support the

13 Labor-Management Partnership Council: Provided further,

14 That section 168(a) of the District of Columbia Appropria15 tions Act, 2000 (Public Law 106–113; 113 Stat. 1531) is

16 amended by inserting ‘‘, to remain available until ex17 pended,’’ after ‘‘$5,000,000’’.

18 ECONOMIC DEVELOPMENT AND REGULATION

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

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

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

22 $15,000,000 collected by the District of Columbia in the

23 form of BID tax revenue shall be paid to the respective

24 BIDs pursuant to the Business Improvement Districts Act

25 of 1996 (D.C. Law 11–134; D.C. Code, sec. 1–2271 et seq.),
14

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1 and the Business Improvement Districts Amendment Act

2 of 1997 (D.C. Law 12–26): Provided, That such funds are

3 available for acquiring services provided by the General

4 Services Administration: Provided further, That Business

5 Improvement Districts shall be exempt from taxes levied by

6 the District of Columbia: Provided further, That of the

7 $150,000,000 freed-up appropriations provided for by this

8 Act, $3,296,000 shall be available to the Department of

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

10 Department of Employment Services, prioritized pursuant

11 to an act of the Council.

12 PUBLIC SAFETY AND JUSTICE

13 Public safety and justice, including purchase or lease

14 of 135 passenger-carrying vehicles for replacement only, in15 cluding 130 for police-type use and five for fire-type use,

16 without regard to the general purchase price limitation for

17 the current fiscal year, and such sums as may be necessary

18 for making refunds and for the payment of judgments that

19 have been entered against the District of Columbia govern20 ment: Provided, That of the $150,000,000 freed-up appro21 priations provided for by this Act, $1,293,000 shall be

22 available to the Department of Fire and Emergency Med23 ical Services, $100,000 to Citizen Complaint Review Board,

24 $200,000 to Metropolitan Police Department, and

25 $4,890,000 to the Settlement and Judgments Funds,
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1 prioritized pursuant to an act of the Council: $762,346,000

2 (including $591,365,000 from local funds, $24,950,000 from

3 Federal funds, and $146,031,000 from other funds): Pro4 vided further, That the Metropolitan Police Department is

5 authorized to replace not to exceed 25 passenger-carrying

6 vehicles and the Department of Fire and Emergency Med7 ical Services of the District of Columbia is authorized to

8 replace not to exceed five passenger-carrying vehicles annu9 ally whenever the cost of repair to any damaged vehicle ex10 ceeds three-fourths of the cost of the replacement: Provided

11 further, That not to exceed $500,000 shall be available from

12 this appropriation for the Chief of Police for the prevention

13 and detection of crime: Provided further, That notwith14 standing any other provision of law, or Mayor’s Order 86–

15 45, issued March 18, 1986, the Metropolitan Police Depart16 ment’s delegated small purchase authority shall be

17 $500,000: Provided further, That the District of Columbia

18 government may not require the Metropolitan Police De19 partment to submit to any other procurement review proc20 ess, or to obtain the approval of or be restricted in any

21 manner by any official or employee of the District of Co22 lumbia government, for purchases that do not exceed

23 $500,000: Provided further, That the Mayor shall reimburse

24 the District of Columbia National Guard for expenses in25 curred in connection with services that are performed in
16

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1 emergencies by the National Guard in a militia status and

2 are requested by the Mayor, in amounts that shall be jointly

3 determined and certified as due and payable for these serv4 ices by the Mayor and the Commanding General of the Dis5 trict of Columbia National Guard: Provided further, That

6 such sums as may be necessary for reimbursement to the

7 District of Columbia National Guard under the preceding

8 proviso shall be available from this appropriation, and the

9 availability of the sums shall be deemed as constituting

10 payment in advance for emergency services involved: Pro11 vided further, That the Metropolitan Police Department is

12 authorized to maintain 3,800 sworn officers, with leave for

13 a 50 officer attrition: Provided further, That no more than

14 15 members of the Metropolitan Police Department shall

15 be detailed or assigned to the Executive Protection Unit,

16 until the Chief of Police submits a recommendation to the

17 Council for its review: Provided further, That $100,000

18 shall be available for inmates released on medical and geri19 atric parole: Provided further, That commencing on Decem20 ber 31, 1999, the Metropolitan Police Department shall pro21 vide to the Committees on Appropriations of the Senate and

22 House of Representatives, the Committee on Governmental

23 Affairs of the Senate, and the Committee on Government

24 Reform of the House of Representatives, quarterly reports

25 on the status of crime reduction in each of the 83 police
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1 service areas established throughout the District of Colum2 bia: Provided further, That Chapter 23 of Title 11 of the

3 District of Columbia Code is repealed.

4 PUBLIC EDUCATION SYSTEM

5 Public education system, including the development of

6 national defense education programs, $998,918,000 (includ7 ing $824,867,000 from local funds, $147,643,000 from Fed8 eral funds, and $26,408,000 from other funds), to be allo9 cated as follows: $769,943,000 (including $629,309,000

10 from local funds, $133,490,000 from Federal funds, and

11 $7,144,000 from other funds), for the public schools of the

12 District of Columbia; $200,000 from local funds for the Dis13 trict of Columbia Teachers’ Retirement Fund; $1,679,000

14 from local funds for the State Education Office; $17,000,000

15 from local funds, previously appropriated in this Act as

16 a Federal payment, for resident tuition support at public

17 and private institutions of higher learning for eligible Dis18 trict of Columbia residents; $105,000,000 from local funds

19 for public charter schools: Provided, That there shall be

20 quarterly disbursement of funds to the D.C. public charter

21 schools, with the first payment to occur within 15 days of

22 the beginning of each fiscal year: Provided further, That

23 the D.C. public charter schools will report enrollment on

24 a quarterly basis upon which a quarterly disbursement will

25 be calculated: Provided further, That if the entirety of this
18

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1 allocation has not been provided as payments to any public

2 charter schools currently in operation through the per pupil

3 funding formula, the funds shall be available for public edu4 cation: Provided further, That $480,000 of this amount

5 shall be available to the District of Columbia Public Charter

6 School Board for administrative costs: Provided further,

7 That $76,433,000 (including $44,691,000 from local funds,

8 $13,199,000 from Federal funds, and $18,543,000 from

9 other funds) shall be available for the University of the Dis10 trict of Columbia: Provided further, That $200,000 is allo11 cated for the East of the River Campus Assessment Study,

12 $1,000,000 for the Excel Institute Adult Education Pro13 gram, $500,000 for the Adult Education State Plan,

14 $650,000 for The Saturday Academy Pre-College Program,

15 and $481,000 for the Strengthening of Academic Programs;

16 and $26,459,000 (including $25,208,000 from local funds,

17 $550,000 from Federal funds and $701,000 from other

18 funds) for the Public Library: Provided further, That the

19 $1,020,000 enhancement shall be allocated such that

20 $500,000 is used for facilities improvements for 8 of the

21 26 library branches, $235,000 for 13 FTEs for the continu22 ation of the Homework Helpers Program, $166,000 for 3

23 FTEs in the expansion of the Reach Out And Roar (ROAR)

24 service to license day care homes, and $119,000 for 3 FTEs

25 to expand literacy support into branch libraries: Provided
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1 further, That $2,204,000 (including $1,780,000 from local

2 funds, $404,000 from Federal funds and $20,000 from other

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

4 and Humanities: Provided further, That the public schools

5 of the District of Columbia are authorized to accept not to

6 exceed 31 motor vehicles for exclusive use in the driver edu7 cation program: Provided further, That not to exceed $2,500

8 for the Superintendent of Schools, $2,500 for the President

9 of the University of the District of Columbia, and $2,000

10 for the Public Librarian shall be available from this appro11 priation for official purposes: Provided further, That none

12 of the funds contained in this Act may be made available

13 to pay the salaries of any District of Columbia Public

14 School teacher, principal, administrator, official, or em15 ployee who knowingly provides false enrollment or attend16 ance information under article II, section 5 of the Act enti17 tled ‘‘An Act to provide for compulsory school attendance,

18 for the taking of a school census in the District of Columbia,

19 and for other purposes’’, approved February 4, 1925 (D.C.

20 Code, sec. 31–401 et seq.): Provided further, That this ap21 propriation shall not be available to subsidize the education

22 of any nonresident of the District of Columbia at any Dis23 trict of Columbia public elementary and secondary school

24 during fiscal year 2001 unless the nonresident pays tuition

25 to the District of Columbia at a rate that covers 100 percent
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1 of the costs incurred by the District of Columbia which are

2 attributable to the education of the nonresident (as estab3 lished by the Superintendent of the District of Columbia

4 Public Schools): Provided further, That this appropriation

5 shall not be available to subsidize the education of non6 residents of the District of Columbia at the University of

7 the District of Columbia, unless the Board of Trustees of

8 the University of the District of Columbia adopts, for the

9 fiscal year ending September 30, 2001, a tuition rate sched10 ule that will establish the tuition rate for nonresident stu11 dents 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 Student

15 Formula to fund 344 additional slots for pre-K students:

16 Provided further, That $50,000 is allocated to fund a con17 ference on learning support for children ages 3–4 in Sep18 tember 2000 hosted jointly by the District of Columbia Pub19 lic Schools and District of Columbia public charter schools:

20 Provided further, That no local funds in this Act shall be

21 used to administer a system wide standardized test more

22 than once in fiscal year 2001: Provided further, That no

23 less than $436,452,000 shall be expended on local schools

24 through the Weighted Student Formula: Provided further,

25 That notwithstanding any other provision of law, rule, or
21

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1 regulation, the evaluation process and instruments for eval2 uating District of Columbia Public School employees shall

3 be a non-negotiable item for collective bargaining purposes:

4 Provided further, That of the $150,000,000 freed-up appro5 priations provided for by this Act, $12,079,000 shall be

6 available to the District of Columbia Public Schools,

7 $120,000 to the Commission on the Arts and Humanities,

8 $400,000 to the District of Columbia Library, and

9 $2,500,000 to the University of the District of Columbia

10 for adult basic education, prioritized pursuant to an act

11 of the Council.

12 HUMAN SUPPORT SERVICES

13 Human support services, $1,532,704,000 (including

14 $634,397,000 from local funds, $881,589,000 from Federal

15 funds, and $16,718,000 from other funds): Provided, That

16 $25,836,000 of this appropriation, to remain available

17 until expended, shall be available solely for District of Co18 lumbia employees’ disability compensation: Provided fur19 ther, That of the $150,000,000 freed-up appropriations pro20 vided for by this Act, $10,000,000 shall be available to the

21 Children Investment Trust, $1,511,000 to the Department

22 of Parks and Recreation, $574,000 to the Office on Aging,

23 $4,245,000 to the Department of Health, and $1,500,000

24 to the Commission on Latino Affairs, prioritized pursuant

25 to an act of the Council: Provided further, That the District
22

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1 of Columbia shall not provide free government services such

2 as water, sewer, solid waste disposal or collection, utilities,

3 maintenance, repairs, or similar services to any legally con4 stituted private nonprofit organization, as defined in sec5 tion 411(5) of the Stewart B. McKinney Homeless Assist6 ance Act (101 Stat. 485; Public Law 100–77; 42 U.S.C.

7 11371), providing emergency shelter services in the District,

8 if the District would not be qualified to receive reimburse9 ment pursuant to such Act (101 Stat. 485; Public Law 100–

10 77; 42 U.S.C. 11301 et seq.): Provided further, That

11 $400,000 shall be available for the administrative costs as12 sociated with implementation of the Drug Treatment Choice

13 Program established pursuant to section 4 of the Choice in

14 Drug Treatment Act of 2000, signed by the Mayor on April

15 20, 2000 (D.C. Act 13–329): Provided further, That

16 $7,000,000 shall be available for deposit in the Addiction

17 Recovery Fund established pursuant to section 5 of the

18 Choice in Drug Treatment Act of 2000, signed by the Mayor

19 on April 20, 2000 (D.C. Act 13–329): Provided further,

20 That the District of Columbia is authorized to enter into

21 a long-term lease of Hamilton Field with Gonzaga College

22 High School and that, in exchange for such a lease, Gonzaga

23 will introduce and implement a youth baseball program fo24 cused on 13 to 18 year old residents, said program to in25 clude summer and fall baseball programs and baseball clin-
23

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1 ics: Provided further, That notwithstanding any other pro2 vision of law, the District of Columbia may increase the

3 Human Support Services appropriation under this Act by

4 an amount equal to not more than 15 percent of the local

5 funds in the appropriation in order to augment the District

6 of Columbia subsidy for the Public Benefit Corporation for

7 the purpose of restructuring the delivery of health services

8 in the District of Columbia pursuant to a restructuring

9 plan approved by the Mayor, Council of the District of Co10 lumbia, District of Columbia Financial Responsibility and

11 Management Assistance Authority, and Chief Financial Of12 ficer.

13 PUBLIC WORKS

14 Public works, including rental of one passenger-car15 rying vehicle for use by the Mayor and three passenger-car16 rying vehicles for use by the Council of the District of Co17 lumbia and leasing of passenger-carrying vehicles,

18 $278,242,000 (including $265,078,000 from local funds,

19 $3,328,000 from Federal funds, and $9,836,000 from other

20 funds): Provided, That of the $150,000,000 freed-up appro21 priations provided for by this Act, $1,500,000 shall be

22 available to Public Works, $1,000,000 to the Department

23 of Motor Vehicles, and $1,550,000 to the Taxicab Commis24 sion, prioritized pursuant to an act of the Council: Pro25 vided further, That this appropriation shall not be available
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1 for collecting ashes or miscellaneous refuse from hotels and

2 places of business: Provided further, That $100,000 be

3 available for a commercial sector recycling initiative: Pro4 vided further, That $250,000 be available to initiate a recy5 cling education campaign: Provided further, That $10,000

6 be available for community clean-up kits: Provided further,

7 That $190,000 be available to restore 3.5 percent vacancy

8 rate in Parking Services: Provided further, That $170,000

9 be available to plant 500 trees: Provided further, That

10 $118,000 be available for two water trucks: Provided fur11 ther, That $150,000 be available for contract monitors and

12 parking analysts within Parking Services: Provided fur13 ther, That $1,409,000 be available for a neighborhood clean14 up initiative: Provided further, That $1,000,000 be avail15 able for tree maintenance: Provided further, That $600,000

16 be available for an anti-graffiti program: Provided further,

17 That $226,000 be available for a hazardous waste program:

18 Provided further, That $1,260,000 be available for parking

19 control aides: Provided further, That $400,000 be available

20 for the Department of Motor Vehicles to hire additional tick21 et adjudicators, conduct additional hearings, and reduce the

22 waiting time for hearings.

23 RECEIVERSHIP PROGRAMS

24 For all agencies of the District of Columbia govern25 ment under court ordered receivership, $389,528,000 (in-
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1 cluding $234,913,000 from local funds, $135,555,000 from

2 Federal funds, and $19,060,000 from other funds): Pro3 vided, That of the $150,000,000 freed-up appropriation pro4 vided for by this Act, $6,300,000 shall be available to the

5 LaShawn Receivership and $13,000,000 to the Commission

6 on Mental Health, prioritized pursuant to an act of the

7 Council.

8 RESERVE

9 For a reserve to be established by the Chief Financial

10 Officer of the District of Columbia and the District of Co11 lumbia Financial Responsibility and Management Assist12 ance Authority, $150,000,000 of local funds.

13 EMERGENCY RESERVE FUND

14 For the emergency reserve fund established under sec15 tion 450A(a) of the District of Columbia Home Rule Act,

16 the amount provided for fiscal year 2001 under such sec17 tion, to be derived from local funds.

18 REPAYMENT OF LOANS AND INTEREST

19 For payment of principal, interest and certain fees di20 rectly resulting from borrowing by the District of Columbia

21 to fund District of Columbia capital projects as authorized

22 by sections 462, 475, and 490 of the District of Columbia

23 Home Rule Act, approved December 24, 1973, $243,238,000

24 from local funds: Provided, That of the $150,000,000 freed25 up appropriations provided for by this Act, the balance re-
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1 maining after other expenditures shall be used for Pay-As2 You-Go Capital Funds in lieu of capital financing,

3 prioritized pursuant to an act of the Council: Provided fur4 ther, That any funds set aside pursuant to section 148 of

5 the District of Columbia Appropriations Act (Public Law

6 106–113; 113 Stat. 1531) that are not used in the reserve

7 funds established herein shall be used for Pay-As-You-Go

8 Capital Funds: Provided further, That for equipment leases,

9 the Mayor may finance $19,232,000 of equipment cost, plus

10 cost of issuance not to exceed 2 percent of the par amount

11 being financed on a lease purchase basis with a maturity

12 not to exceed 5 years: Provided further, That $2,000,000

13 is allocated to the Metropolitan Police Department,

14 $4,300,000 for the Fire and Emergency Medical Services

15 Department, $1,622,000 for the Public Library, $2,010,000

16 for the Department of Parks and Recreation, $7,500,000 for

17 the Department of Public Works and $1,800,000 for the

18 Public Benefit Corporation.

19 REPAYMENT OF GENERAL FUND RECOVERY DEBT

20 For the purpose of eliminating the $331,589,000 gen21 eral fund accumulated deficit as of September 30, 1990,

22 $39,300,000 from local funds, as authorized by section

23 461(a) of the District of Columbia Home Rule Act (105

24 Stat. 540; D.C. Code, sec. 47–321(a)(1)).
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1 PAYMENT OF INTEREST ON SHORT-TERM BORROWING

2 For payment of interest on short-term borrowing,

3 $1,140,000 from local funds.

4 PRESIDENTIAL INAUGURATION

5 For reimbursement for necessary expenses incurred in

6 connection with Presidential inauguration activities as au7 thorized by section 737(b) of the District of Columbia Home

8 Rule Act, Public Law 93–198, as amended, approved De9 cember 24, 1973 (87 Stat. 824; D.C. Code, sec. 1–1803),

10 $6,211,000, which shall be apportioned by the Chief Finan11 cial Officer within the various appropriation headings in

12 this Act.

13 CERTIFICATES OF PARTICIPATION

14 For lease payments in accordance with the Certificates

15 of Participation involving the land site underlying the

16 building located at One Judiciary Square, $7,950,000 from

17 local funds.

18 WILSON BUILDING

19 For expenses associated with the John A. Wilson

20 Building, $8,409,000.

21 OPTICAL AND DENTAL INSURANCE PAYMENTS

22 For optical and dental insurance payments,

23 $2,675,000 from local funds.
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1 MANAGEMENT SUPERVISORY SERVICE

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

3 from local funds, to be transferred by the Mayor of the Dis4 trict of Columbia among the various appropriation head5 ings in this Act for which employees are properly payable.

6 TOBACCO SETTLEMENT TRUST FUND TRANSFER PAYMENT

7 There is transferred $61,406,000 to the Tobacco Settle8 ment Trust Fund established pursuant to section 2302 of

9 the Tobacco Settlement Trust Fund Establishment Act of

10 1999, effective October 20, 1999 (D.C. Law 13–38; to be

11 codified at D.C. Code, sec. 6–135), to be spent pursuant to

12 local law.

13 OPERATIONAL IMPROVEMENTS SAVINGS (INCLUDING

14 MANAGED COMPETITION)

15 The Mayor and the Council in consultation of with

16 the Chief Financial Officer and the District of Columbia

17 Financial Responsibility and Management Assistance Au18 thority, shall make reductions of $10,000,000 for oper19 ational improvements savings in local funds to one or more

20 of the appropriation headings in this Act.

21 MANAGEMENT REFORM SAVINGS

22 The Mayor and the Council in consultation of with

23 the Chief Financial Officer and the District of Columbia

24 Financial Responsibility and Management Assistance Au25 thority, shall make reductions of $37,000,000 for manage-
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1 ment reform savings in local funds to one or more of the

2 appropriation headings in this Act.

3 CAFETERIA PLAN

4 For the implementation of a Cafeteria Plan pursuant

5 to Federal law, a reduction of $5,000,000: Provided, That

6 of the $150,000,000 freed-up appropriations provided for

7 by this Act, $5,000,000 shall be available for the savings

8 associated with the implementation of the Cafeteria Plan,

9 prioritized pursuant to an act of the Council.

10 ENTERPRISE AND OTHER FUNDS

11 WATER AND SEWER AUTHORITY AND THE WASHINGTON

12 AQUEDUCT

13 For operation of the Water and Sewer Authority and

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

15 (including $230,614,000 for the Water and Sewer Authority

16 and $45,091,000 for the Washington Aqueduct) of which

17 $41,503,000 shall be apportioned and payable to the Dis18 trict’s debt service fund for repayment of loans and interest

19 incurred for capital improvement projects.

20 For construction projects, $140,725,000, as authorized

21 by the Act entitled ‘‘An Act authorizing the laying of

22 watermains and service sewers in the District of Columbia,

23 the levying of assessments therefor, and for other purposes’’

24 (33 Stat. 244; Public Law 58–140; D.C. Code, sec. 43–1512

25 et seq.): Provided, That the requirements and restrictions
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1 that are applicable to general fund capital improvements

2 projects and set forth in this Act under the Capital Outlay

3 appropriation title shall apply to projects approved under

4 this appropriation title.

5 LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

6 For the Lottery and Charitable Games Enterprise

7 Fund, established by the District of Columbia Appropria8 tion Act for the fiscal year ending September 30, 1982 (95

9 Stat. 1174 and 1175; Public Law 97–91), for the purpose

10 of implementing the Law to Legalize Lotteries, Daily Num11 bers Games, and Bingo and Raffles for Charitable Purposes

12 in the District of Columbia (D.C. Law 3–172; D.C. Code,

13 sec. 2–2501 et seq. and sec. 22–1516 et seq.), $223,200,000:

14 Provided, That the District of Columbia shall identify the

15 source of funding for this appropriation title from the Dis16 trict’s own locally generated revenues: Provided further,

17 That no revenues from Federal sources shall be used to sup18 port the operations or activities of the Lottery and Chari19 table Games Control Board.

20 SPORTS AND ENTERTAINMENT COMMISSION

21 For the Sports and Entertainment Commission,

22 $10,968,000 from other funds: Provided, That the Mayor

23 shall submit a budget for the Armory Board for the forth24 coming fiscal year as required by section 442(b) of the Dis-
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1 trict of Columbia Home Rule Act (87 Stat. 824; Public Law

2 93–198; D.C. Code, sec. 47–301(b)).

3 DISTRICT OF COLUMBIA HEALTH AND HOSPITALS PUBLIC

4 BENEFIT CORPORATION

5 For the District of Columbia Health and Hospitals

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

7 212; D.C. Code, sec. 32–262.2, $123,548,000 of which

8 $45,313,000 shall be derived by transfer from the general

9 fund, and $78,235,000 from other funds: Provided, That no

10 amounts may be made available to the Corporation

11 (through reprogramming, transfers, loans, or any other

12 mechanism) which are not otherwise provided for under this

13 heading.

14 DISTRICT OF COLUMBIA RETIREMENT BOARD

15 For the District of Columbia Retirement Board, estab16 lished by section 121 of the District of Columbia Retirement

17 Reform Act of 1979 (93 Stat. 866; D.C. Code, sec. 1–711),

18 $11,414,000 from the earnings of the applicable retirement

19 funds to pay legal, management, investment, and other fees

20 and administrative expenses of the District of Columbia Re21 tirement Board: Provided, That the District of Columbia

22 Retirement Board shall provide the Mayor, for transmittal

23 to the Council of the District of Columbia, an itemized ac24 counting of the planned use of appropriated funds in time

25 for each annual budget submission and the actual use of
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1 such funds in time for each annual audited financial re2 port.

3 CORRECTIONAL INDUSTRIES FUND

4 For the Correctional Industries Fund, established by

5 the District of Columbia Correctional Industries Establish6 ment Act (78 Stat. 1000; Public Law 88–622), $1,808,000

7 from other funds.

8 WASHINGTON CONVENTION CENTER ENTERPRISE FUND

9 For the Washington Convention Center Enterprise

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

11 CAPITAL OUTLAY

12 (INCLUDING RESCISSIONS)

13 For construction projects, an increase of

14 $1,077,282,000 of which $806,787,000 is from local funds,

15 $66,446,000 is from highway trust funds, and $204,049,000

16 is from Federal funds, and a rescission of $55,208,000 from

17 local funds appropriated under this heading in prior fiscal

18 years, for a net amount of $1,022,074,000 to remain avail19 able until expended: Provided, That funds for use of each

20 capital project implementing agency shall be managed and

21 controlled in accordance with all procedures and limita22 tions established under the Financial Management System:

23 Provided further, That all funds provided by this appro24 priation title shall be available only for the specific projects

25 and purposes intended: Provided further, That notwith-
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1 standing the foregoing, all authorizations for capital outlay

2 projects, except those projects covered by the first sentence

3 of section 23(a) of the Federal-Aid Highway Act of 1968

4 (82 Stat. 827; Public Law 90–495; D.C. Code, sec. 7–134,

5 note), for which funds are provided by this appropriation

6 title, shall expire on September 30, 2002, except authoriza7 tions for projects as to which funds have been obligated in

8 whole or in part prior to September 30, 2002: Provided fur9 ther, That upon expiration of any such project authoriza10 tion, the funds provided herein for the project shall lapse.

11 GENERAL PROVISIONS

12 SEC. 101. Whenever in this Act, an amount is specified

13 within an appropriation for particular purposes or objects

14 of expenditure, such amount, unless otherwise specified,

15 shall be considered as the maximum amount that may be

16 expended for said purpose or object rather than an amount

17 set apart exclusively therefor.

18 SEC. 102. Appropriations in this Act shall be available

19 for expenses of travel and for the payment of dues of organi20 zations concerned with the work of the District of Columbia

21 government, when authorized by the Mayor: Provided, That

22 in the case of the Council of the District of Columbia, funds

23 may be expended with the authorization of the chair of the

24 Council.
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1 SEC. 103. There are appropriated from the applicable

2 funds of the District of Columbia such sums as may be nec3 essary for making refunds and for the payment of judg4 ments that have been entered against the District of Colum5 bia government: Provided, That nothing contained in this

6 section shall be construed as modifying or affecting the pro7 visions of section 11(c)(3) of title XII of the District of Co8 lumbia Income and Franchise Tax Act of 1947 (70 Stat.

9 78; Public Law 84–460; D.C. Code, sec. 47–1812.11(c)(3)).

10 SEC. 104. No funds appropriated in this Act for the

11 District of Columbia government for the operation of edu12 cational institutions, the compensation of personnel, or for

13 other educational purposes may be used to permit, encour14 age, facilitate, or further partisan political activities. Noth15 ing herein is intended to prohibit the availability of school

16 buildings for the use of any community or partisan polit17 ical group during non-school hours.

18 SEC. 105. None of the funds appropriated in this Act

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

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

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

22 not available for inspection by the House and Senate Com23 mittees on Appropriations, the Subcommittee on the Dis24 trict of Columbia of the House Committee on Government

25 Reform, the Subcommittee on Oversight of Government
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1 Management, Restructuring and the District of Columbia

2 of the Senate Committee on Governmental Affairs, and the

3 Council of the District of Columbia, or their duly author4 ized representative.

5 SEC. 106. There are appropriated from the applicable

6 funds of the District of Columbia such sums as may be nec7 essary for making payments authorized by the District of

8 Columbia Revenue Recovery Act of 1977 (D.C. Law 2–20;

9 D.C. Code, sec. 47–421 et seq.).

10 SEC. 107. No part of this appropriation shall be used

11 for publicity or propaganda purposes or implementation of

12 any policy including boycott designed to support or defeat

13 legislation pending before Congress or any State legislature.

14 SEC. 108. At the start of the fiscal year, the Mayor

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

16 for capital outlay borrowings: Provided, That within a rea17 sonable time after the close of each quarter, the Mayor shall

18 report to the Council of the District of Columbia and the

19 Congress the actual borrowings and spending progress com20 pared with projections.

21 SEC. 109. None of the funds provided under this Act

22 to the agencies funded by this Act, both Federal and District

23 government agencies, that remain available for obligation

24 or expenditure in fiscal year 2001, or provided from any

25 accounts in the Treasury of the United States derived by
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1 the collection of fees available to the agencies funded by this

2 Act, shall be available for obligation or expenditure for an

3 agency through a reprogramming or inter-appropriation

4 transfer of funds which: (1) creates new programs; (2)

5 eliminates a program, project, or responsibility center; (3)

6 establishes or changes allocations specifically denied, lim7 ited or increased by Congress in this Act; (4) increases

8 funds or personnel by any means for any program, project,

9 or responsibility center for which funds have been denied

10 or restricted; (5) reestablishes through reprogramming any

11 program or project previously deferred through reprogram12 ming; (6) augments existing programs, projects, or respon13 sibility centers through a reprogramming of funds in excess

14 of $1,000,000 or 10 percent, whichever is less; (7) increases

15 by 20 percent or more personnel assigned to a specific pro16 gram, project, or responsibility center; or (8) transfers an

17 amount from one appropriation to another as long as the

18 amount transferred shall not exceed 2 percent of the local

19 funds in the appropriation; unless the Appropriations Com20 mittees of both the Senate and House of Representatives are

21 notified in writing 30 days in advance of any reprogram22 ming or inter-appropriation transfer as set forth in this

23 section.

24 SEC. 110. Consistent with the provisions of 31 U.S.C.

25 1301(a), appropriations under this Act shall be applied
37

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1 only to the objects for which the appropriations were made

2 except as otherwise provided by law.

3 SEC. 111. Notwithstanding any other provisions of

4 law, the provisions of the District of Columbia Government

5 Comprehensive Merit Personnel Act of 1978 (D.C. Law 2–

6 139; D.C. Code, sec. 1–601.1 et seq.), enacted pursuant to

7 section 422(3) of the District of Columbia Home Rule Act

8 (87 Stat. 790; Public Law 93–198; D.C. Code, sec. 1–

9 242(3)), shall apply with respect to the compensation of

10 District of Columbia employees: Provided, That for pay

11 purposes, employees of the District of Columbia government

12 shall not be subject to the provisions of title 5, United States

13 Code.

14 SEC. 112. No later than 30 days after the end of the

15 first quarter of the fiscal year ending September 30, 2001,

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

17 Council of the District of Columbia the new fiscal year 2001

18 revenue estimates as of the end of the first quarter of fiscal

19 year 2001. These estimates shall be used in the budget re20 quest for the fiscal year ending September 30, 2002. The

21 officially revised estimates at midyear shall be used for the

22 midyear report.

23 SEC. 113. No sole source contract with the District of

24 Columbia government or any agency thereof may be re25 newed or extended without opening that contract to the
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1 competitive bidding process as set forth in section 303 of

2 the District of Columbia Procurement Practices Act of 1985

3 (D.C. Law 6–85; D.C. Code, sec. 1–1183.3), except that the

4 District of Columbia government or any agency thereof may

5 renew or extend sole source contracts for which competition

6 is not feasible or practical: Provided, That the determina7 tion as to whether to invoke the competitive bidding process

8 has been made in accordance with duly promulgated rules

9 and procedures and said determination has been reviewed

10 and approved by the District of Columbia Financial Re11 sponsibility and Management Assistance Authority.

12 SEC. 114. For purposes of the Balanced Budget and

13 Emergency Deficit Control Act of 1985 (99 Stat. 1037; Pub14 lic Law 99–177), the term ‘‘program, project, and activity’’

15 shall be synonymous with and refer specifically to each ac16 count appropriating Federal funds in this Act, and any

17 sequestration order shall be applied to each of the accounts

18 rather than to the aggregate total of those accounts: Pro19 vided, That sequestration orders shall not be applied to any

20 account that is specifically exempted from sequestration by

21 the Balanced Budget and Emergency Deficit Control Act

22 of 1985.

23 SEC. 115. In the event a sequestration order is issued

24 pursuant to the Balanced Budget and Emergency Deficit

25 Control Act of 1985 (99 Stat. 1037; Public Law 99–177),
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1 after the amounts appropriated to the District of Columbia

2 for the fiscal year involved have been paid to the District

3 of Columbia, the Mayor of the District of Columbia shall

4 pay to the Secretary of the Treasury, within 15 days after

5 receipt of a request therefor from the Secretary of the Treas6 ury, such amounts as are sequestered by the order: Provided,

7 That the sequestration percentage specified in the order

8 shall be applied proportionately to each of the Federal ap9 propriation accounts in this Act that are not specifically

10 exempted from sequestration by such Act.

11 SEC. 116. (a) An entity of the District of Columbia

12 government may accept and use a gift or donation during

13 fiscal year 2001 if—

14 (1) the Mayor approves the acceptance and use

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

16 the District of Columbia may accept and use gifts

17 without prior approval by the Mayor; and

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

19 out its authorized functions or duties.

20 (b) Each entity of the District of Columbia government

21 shall keep accurate and detailed records of the acceptance

22 and use of any gift or donation under subsection (a) of this

23 section, and shall make such records available for audit and

24 public inspection.
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1 (c) For the purposes of this section, the term ‘‘entity

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

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

6 laws and regulations of the District of Columbia, accept

7 and use gifts to the public schools without prior approval

8 by the Mayor.

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

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

11 for salaries, expenses, or other costs associated with the of12 fices of United States Senator or United States Representa13 tive under section 4(d) of the District of Columbia State14 hood Constitutional Convention Initiatives of 1979 (D.C.

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

16 SEC. 118. REPORTING REQUIREMENTS FOR THE DIS17 TRICT OF COLUMBIA PUBLIC SCHOOLS AND THE UNIVER18 SITY OF THE DISTRICT OF COLUMBIA. (a) The Super19 intendent of the District of Columbia Public Schools

20 [DCPS] and the University of the District of Columbia

21 [UDC] shall each submit to the Committees on Appropria22 tions of the House of Representatives and Senate, the Com23 mittee on Government Reform of the House of Representa24 tives, and the Committee on Governmental Affairs of the
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1 Senate no later than 15 calendar days after the end of each

2 quarter a report that sets forth—

3 (1) current quarter expenditures and obligations,

4 year-to-date expenditures and obligations, and total

5 fiscal year expenditure projections versus budget bro6 ken out on the basis of control center, responsibility

7 center, and object class, and for all funds, non-appro8 priated funds, and capital financing;

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

10 frozen and the amount of funds frozen, broken out by

11 control center, responsibility center, detailed object,

12 and for all funding sources;

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

14 $10,000 annually, which contains the name of each

15 contractor; the budget to which the contract is

16 charged, broken out on the basis of control center, re17 sponsibility center, and agency reporting code; and

18 contract identifying codes used by DCPS and UDC;

19 payments made in the last quarter and year-to-date,

20 the total amount of the contract and total payments

21 made for the contract and any modifications, exten22 sions, renewals; and specific modifications made to

23 each contract in the last month;
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1 (4) all reprogramming requests and reports that

2 are required to be, and have been, submitted to the

3 Board of Education; and

4 (5) all reprogramming requests and reports that

5 have been made by UDC within the last quarter in

6 compliance with applicable law; and

7 (6) changes made in the last quarter to the orga8 nizational structure of DCPS and UDC, displaying

9 for each entity previous and current control centers

10 and responsibility centers, the names of the organiza11 tional entities that have been changed, the name of the

12 staff member supervising each entity affected, and the

13 reasons for the structural change.

14 (b) The Superintendent of DCPS and UDC shall an15 nually compile an accurate and verifiable report on the po16 sitions and employees in the public school system and the

17 university, respectively. The annual report shall—

18 (1) set forth the number of validated schedule A

19 positions in the District of Columbia public schools

20 and UDC for fiscal year 2001, and thereafter on full21 time equivalent basis, including a compilation of all

22 positions by control center, responsibility center,

23 funding source, position type, position title, pay plan,

24 grade, and annual salary;
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1 (2) set forth a compilation of all employees in

2 the District of Columbia public schools and UDC as

3 of the preceding December 31, verified as to its accu4 racy in accordance with the functions that each em5 ployee actually performs, by control center, responsi6 bility center, agency reporting code, program (includ7 ing funding source), activity, location for accounting

8 purposes, job title, grade and classification, annual

9 salary, and position control number; and

10 (3) be submitted to the Congress, the Mayor, the

11 District of Columbia Council, the Consensus Commis12 sion, and the Authority, not later than February 15

13 of each year.

14 (c) No later than November 1, 2000, or within 30 cal15 endar days after the date of the enactment of this Act,

16 whichever occurs later, and each succeeding year, the Super17 intendent of DCPS and UDC shall submit to the appro18 priate congressional committees, the Mayor, the District of

19 Columbia Council, the Consensus Commission, and the Dis20 trict of Columbia Financial Responsibility and Manage21 ment Assistance Authority, a revised appropriated funds

22 operating budget for the public school system and UDC for

23 such fiscal year: (1) that is in the total amount of the ap24 proved appropriation and that realigns budgeted data for

25 personal services and other-than-personal services, respec-
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1 tively, with anticipated actual expenditures; and (2) that

2 is in the format of the budget that the Superintendent of

3 DCPS and UDC submit to the Mayor of the District of Co4 lumbia for inclusion in the Mayor’s budget submission to

5 the Council of the District of Columbia pursuant to section

6 442 of the District of Columbia Home Rule Act (Public Law

7 93–198; D.C. Code, sec. 47–301).

8 SEC. 119. Funds authorized or previously appro9 priated to the government of the District of Columbia by

10 this or any other Act to procure the necessary hardware

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

12 training to improve or replace its financial management

13 system are also available for the acquisition of accounting

14 and financial management services and the leasing of nec15 essary hardware, software or any other related goods or

16 services, as determined by the District of Columbia Finan17 cial Responsibility and Management Assistance Authority.

18 SEC. 120. (a) None of the funds contained in this Act

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

20 represents a party who prevails in an action or any attor21 ney who defends any action, including an administrative

22 proceeding, brought against the District of Columbia Public

23 Schools under the Individuals with Disabilities Education

24 Act (20 U.S.C. 1400 et seq.) if—
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1 (1) the hourly rate of compensation of the attor2 ney exceeds 250 percent of the hourly rate of com3 pensation under section 11–2604(a), District of Co4 lumbia Code; or

5 (2) the maximum amount of compensation of the

6 attorney exceeds 250 percent of the maximum amount

7 of compensation under section 11–2604(b)(1), District

8 of Columbia Code, except that compensation and re9 imbursement in excess of such maximum may be ap10 proved for extended or complex representation in ac11 cordance with section 11–2604(c), District of Colum12 bia Code; and

13 (3) in no case may the compensation limits in

14 paragraphs (1) and (2) exceed $2,500.

15 (b) Notwithstanding the preceding subsection, if the

16 Mayor and the Superintendent of the District of Columbia

17 Public Schools concur in a Memorandum of Understanding

18 setting forth a new rate and amount of compensation, then

19 such new rates shall apply in lieu of the rates set forth in

20 the preceding subsection to both the attorney who represents

21 the prevailing party and the attorney who defends the ac22 tion.

23 SEC. 121. None of the funds appropriated under this

24 Act shall be expended for any abortion except where the life

25 of the mother would be endangered if the fetus were carried
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1 to term or where the pregnancy is the result of an act of

2 rape or incest.

3 SEC. 122. None of the funds made available in this

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

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

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

7 enforce any system of registration of unmarried, cohabiting

8 couples (whether homosexual, heterosexual, or lesbian), in9 cluding but not limited to registration for the purpose of

10 extending employment, health, or governmental benefits to

11 such couples on the same basis that such benefits are ex12 tended to legally married couples.

13 SEC. 123. The District of Columbia Financial Respon14 sibility and Management Assistance Authority, acting on

15 behalf of the District of Columbia Public Schools (DCPS)

16 in formulating the DCPS budget, the Board of Trustees of

17 the University of the District of Columbia, the Board of

18 Library Trustees, and the Board of Governors of the Uni19 versity of the District of Columbia School of Law shall vote

20 on and approve the respective annual or revised budgets for

21 such entities before submission to the Mayor of the District

22 of Columbia for inclusion in the Mayor’s budget submission

23 to the Council of the District of Columbia in accordance

24 with section 442 of the District of Columbia Home Rule
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1 Act (Public Law 93–198; D.C. Code, sec. 47–301), or before

2 submitting their respective budgets directly to the Council.

3 SEC. 124. (a) ACCEPTANCE AND USE OF GRANTS NOT

4 INCLUDED IN CEILING.—

5 (1) IN GENERAL.—Notwithstanding any other

6 provision of this Act, the Mayor, in consultation with

7 the Chief Financial Officer, during a control year, as

8 defined in section 305(4) of the District of Columbia

9 Financial Responsibility and Management Assistance

10 Act of 1995 (Public Law 104–8; 109 Stat. 152), may

11 accept, obligate, and expend Federal, private, and

12 other grants received by the District government that

13 are not reflected in the amounts appropriated in this

14 Act.

15 (2) REQUIREMENT OF CHIEF FINANCIAL OFFICER

16 REPORT AND AUTHORITY APPROVAL.—No such Fed17 eral, private, or other grant may be accepted, obli18 gated, or expended pursuant to paragraph (1) until—

19 (A) the Chief Financial Officer of the Dis20 trict of Columbia submits to the Authority a re21 port setting forth detailed information regarding

22 such grant; and

23 (B) the Authority has reviewed and ap24 proved the acceptance, obligation, and expendi25 ture of such grant in accordance with review and
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1 approval procedures consistent with the provi2 sions of the District of Columbia Financial Re3 sponsibility and Management Assistance Act of

4 1995.

5 (3) PROHIBITION ON SPENDING IN ANTICIPATION

6 OF APPROVAL OR RECEIPT.—No amount may be obli7 gated or expended from the general fund or other

8 funds of the District government in anticipation of

9 the approval or receipt of a grant under paragraph

10 (2)(B) of this subsection or in anticipation of the ap11 proval or receipt of a Federal, private, or other grant

12 not subject to such paragraph.

13 (4) QUARTERLY REPORTS.—The Chief Financial

14 Officer of the District of Columbia shall prepare a

15 quarterly report setting forth detailed information re16 garding all Federal, private, and other grants subject

17 to this subsection. Each such report shall be submitted

18 to the Council of the District of Columbia, and to the

19 Committees on Appropriations of the House of Rep20 resentatives and the Senate, not later than 15 days

21 after the end of the quarter covered by the report.

22 (b) REPORT ON EXPENDITURES BY FINANCIAL RE23 SPONSIBILITY AND MANAGEMENT ASSISTANCE AUTHOR24 ITY.—Not later than 20 calendar days after the end of each

25 fiscal quarter starting October 1, 1999, the Authority shall
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1 submit a report to the Committees on Appropriations of the

2 House of Representatives and the Senate, the Committee on

3 Government Reform of the House, and the Committee on

4 Governmental Affairs of the Senate providing an itemized

5 accounting of all non-appropriated funds obligated or ex6 pended by the Authority for the quarter. The report shall

7 include information on the date, amount, purpose, and ven8 dor name, and a description of the services or goods pro9 vided with respect to the expenditures of such funds.

10 SEC. 125. If a department or agency of the government

11 of the District of Columbia is under the administration of

12 a court-appointed receiver or other court-appointed official

13 during fiscal year 2001 or any succeeding fiscal year, the

14 receiver or official shall prepare and submit to the Mayor,

15 for inclusion in the annual budget of the District of Colum16 bia for the year, annual estimates of the expenditures and

17 appropriations necessary for the maintenance and oper18 ation of the department or agency. All such estimates shall

19 be forwarded by the Mayor to the Council, for its action

20 pursuant to sections 446 and 603(c) of the District of Co21 lumbia Home Rule Act, without revision but subject to the

22 Mayor’s recommendations. Notwithstanding any provision

23 of the District of Columbia Home Rule Act (87 Stat. 774;

24 Public Law 93–198), the Council may comment or make

25 recommendations concerning such annual estimates but
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1 shall have no authority under such Act to revise such esti2 mates.

3 SEC. 126. (a) RESTRICTIONS ON USE OF OFFICIAL VE4 HICLES.—Except as otherwise provided in this section, none

5 of the funds made available by this Act or by any other

6 Act may be used to provide any officer or employee of the

7 District of Columbia with an official vehicle unless the offi8 cer or employee uses the vehicle only in the performance

9 of the officer’s or employee’s official duties. For purposes

10 of this paragraph, the term ‘‘official duties’’ does not in11 clude travel between the officer’s or employee’s residence and

12 workplace (except: (1) in the case of an officer or employee

13 of the Metropolitan Police Department who resides in the

14 District of Columbia or is otherwise designated by the Chief

15 of the Department; (2) at the discretion of the Fire Chief,

16 an officer or employee of the District of Columbia Fire and

17 Emergency Medical Services Department who resides in the

18 District of Columbia and is on call 24 hours a day; (3)

19 the Mayor of the District of Columbia; and (4) the Chair20 man of the Council of the District of Columbia).

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

22 Officer of the District of Columbia shall submit, by Novem23 ber 15, 2000, an inventory, as of September 30, 2000, of

24 all vehicles owned, leased or operated by the District of Co25 lumbia government. The inventory shall include, but not
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1 be limited to, the department to which the vehicle is as2 signed; the year and make of the vehicle; the acquisition

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

4 operating and maintenance costs; current mileage; and

5 whether the vehicle is allowed to be taken home by a District

6 officer or employee and if so, the officer or employee’s title

7 and resident location.

8 SEC. 127. (a) SOURCE OF PAYMENT FOR EMPLOYEES

9 DETAILED WITHIN GOVERNMENT.—For purposes of deter10 mining the amount of funds expended by any entity within

11 the District of Columbia government during fiscal year

12 2001 and each succeeding fiscal year, any expenditures of

13 the District government attributable to any officer or em14 ployee of the District government who provides services

15 which are within the authority and jurisdiction of the enti16 ty (including any portion of the compensation paid to the

17 officer or employee attributable to the time spent in pro18 viding such services) shall be treated as expenditures made

19 from the entity’s budget, without regard to whether the offi20 cer or employee is assigned to the entity or otherwise treated

21 as an officer or employee of the entity.

22 (b) MODIFICATION OF REDUCTION IN FORCE PROCE23 DURES.—Section 2408 of the District of Columbia Govern24 ment Comprehensive Merit Personnel Act of 1978, effective
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1 March 3, 1979 (D.C. Law 2–139; D.C. Code, sec. 1–625.7),

2 is amended as follows:

3 (a) Subsection (a) is amended by striking the

4 date ‘‘September 30, 2000’’ and inserting the phrase

5 ‘‘September 30, 2000, and each subsequent fiscal

6 year’’ in its place.

7 (b) Subsection (b) is amended by striking the

8 phrase ‘‘Prior to February 1, 2000’’ and inserting the

9 phrase ‘‘Prior to February 1 of each year’’ in its

10 place.

11 (c) Subsection (i) is amended by striking the

12 phrase ‘‘March 1, 2000’’ and inserting the phrase

13 ‘‘March 1 of each year’’ in its place.

14 (d) Subsection (k) is amended by striking the

15 phrase ‘‘September 1, 2000’’ and inserting the phrase

16 ‘‘September 1 of each year’’ in its place.

17 SEC. 128. Notwithstanding any other provision of law,

18 not later than 120 days after the date that a District of

19 Columbia Public Schools (DCPS) student is referred for

20 evaluation or assessment—

21 (1) the District of Columbia Board of Education,

22 or its successor, and DCPS shall assess or evaluate a

23 student who may have a disability and who may re24 quire special education services; and
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1 (2) if a student is classified as having a dis2 ability, as defined in section 101(a)(1) of the Individ3 uals with Disabilities Education Act (84 Stat. 175;

4 20 U.S.C. 1401(a)(1)) or in section 7(8) of the Reha5 bilitation Act of 1973 (87 Stat. 359; 29 U.S.C.

6 706(8)), the Board and DCPS shall place that student

7 in an appropriate program of special education serv8 ices.

9 SEC. 129. (a) COMPLIANCE WITH BUY AMERICAN

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

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

12 expending the funds the entity will comply with the Buy

13 American Act (41 U.S.C. 10a–10c).

14 (b) SENSE OF THE CONGRESS; REQUIREMENT RE15 GARDING NOTICE.—

16 (1) PURCHASE OF AMERICAN-MADE EQUIPMENT

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

18 product that may be authorized to be purchased with

19 financial assistance provided using funds made avail20 able in this Act, it is the sense of the Congress that

21 entities receiving the assistance should, in expending

22 the assistance, purchase only American-made equip23 ment and products to the greatest extent practicable.

24 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

25 providing financial assistance using funds made
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1 available in this Act, the head of each agency of the

2 Federal or District of Columbia government shall pro3 vide to each recipient of the assistance a notice de4 scribing the statement made in paragraph (1) by the

5 Congress.

6 (c) PROHIBITION OF CONTRACTS WITH PERSONS

7 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

8 If it has been finally determined by a court or Federal agen9 cy that any person intentionally affixed a label bearing a

10 ‘‘Made in America’’ inscription, or any inscription with

11 the same meaning, to any product sold in or shipped to

12 the United States that is not made in the United States,

13 the person shall be ineligible to receive any contract or sub14 contract made with funds made available in this Act, pur15 suant to the debarment, suspension, and ineligibility proce16 dures described in sections 9.400 through 9.409 of title 48,

17 Code of Federal Regulations.

18 SEC. 130. None of the funds contained in this Act may

19 be used for purposes of the annual independent audit of

20 the District of Columbia government (including the District

21 of Columbia Financial Responsibility and Management As22 sistance Authority) for fiscal year 2001 unless—

23 (1) the audit is conducted by the Inspector Gen24 eral of the District of Columbia pursuant to section

25 208(a)(4) of the District of Columbia Procurement
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1 Practices Act of 1985 (D.C. Code, sec. 1–

2 1182.8(a)(4)); and

3 (2) the audit includes a comparison of audited

4 actual year-end results with the revenues submitted in

5 the budget document for such year and the appropria6 tions enacted into law for such year.

7 SEC. 131. None of the funds contained in this Act may

8 be used by the District of Columbia Corporation Counsel

9 or any other officer or entity of the District government

10 to provide assistance for any petition drive or civil action

11 which seeks to require Congress to provide for voting rep12 resentation in Congress for the District of Columbia.

13 SEC. 132. No later than November 1, 2000, or within

14 30 calendar days after the date of the enactment of this

15 Act, whichever occurs later, the Chief Financial Officer of

16 the District of Columbia shall submit to the appropriate

17 committees of Congress, the Mayor, and the District of Co18 lumbia Financial Responsibility and Management Assist19 ance Authority a revised appropriated funds operating

20 budget in the format of the budget that the District of Co21 lumbia government submitted pursuant to section 442 of

22 the District of Columbia Home Rule Act (Public Law 93–

23 198; D.C. Code, sec. 47–301), for all agencies of the District

24 of Columbia government for such fiscal year that is in the

25 total amount of the approved appropriation and that re-
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1 aligns all budgeted data for personal services and other2 than-personal-services, respectively, with anticipated actual

3 expenditures.

4 SEC. 133. (a) None of the funds contained in this Act

5 may be used for any program of distributing sterile needles

6 or syringes for the hypodermic injection of any illegal drug.

7 (b) Any individual or entity who receives any funds

8 contained in this Act and who carries out any program

9 described in subsection (a) shall account for all funds used

10 for such program separately from any funds contained in

11 this Act.

12 SEC. 134. (a) RESTRICTIONS ON LEASES.—Upon the

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

14 the enactment of this Act, none of the funds contained in

15 this Act may be used to make rental payments under a lease

16 for the use of real property by the District of Columbia gov17 ernment (including any independent agency of the District)

18 unless the lease and an abstract of the lease have been filed

19 (by the District of Columbia or any other party to the lease)

20 with the central office of the Deputy Mayor for Economic

21 Development, in an indexed registry available for public in22 spection.

23 (b) ADDITIONAL RESTRICTIONS ON CURRENT

24 LEASES.—
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1 (1) IN GENERAL.—Upon the expiration of the

2 60-day period that begins on the date of the enact3 ment of this Act, in the case of a lease described in

4 paragraph (3), none of the funds contained in this

5 Act may be used to make rental payments under the

6 lease unless the lease is included in periodic reports

7 submitted by the Mayor and Council of the District

8 of Columbia to the Committees on Appropriations of

9 the House of Representatives and Senate describing

10 for each such lease the following information:

11 (A) The location of the property involved,

12 the name of the owners of record according to the

13 land records of the District of Columbia, the

14 name of the lessors according to the lease, the

15 rate of payment under the lease, the period of

16 time covered by the lease, and the conditions

17 under which the lease may be terminated.

18 (B) The extent to which the property is or

19 is not occupied by the District of Columbia gov20 ernment as of the end of the reporting period in21 volved.

22 (C) If the property is not occupied and uti23 lized by the District government as of the end of

24 the reporting period involved, a plan for occu25 pying and utilizing the property (including con-
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1 struction or renovation work) or a status state2 ment regarding any efforts by the District to ter3 minate or renegotiate the lease.

4 (2) TIMING OF REPORTS.—The reports described

5 in paragraph (1) shall be submitted for each calendar

6 quarter (beginning with the quarter ending December

7 31, 2000) not later than 20 days after the end of the

8 quarter involved, plus an initial report submitted not

9 later than 60 days after the date of the enactment of

10 this Act, which shall provide information as of the

11 date of the enactment of this Act.

12 (3) LEASES DESCRIBED.—A lease described in

13 this paragraph is a lease in effect as of the date of

14 the enactment of this Act for the use of real property

15 by the District of Columbia government (including

16 any independent agency of the District) which is not

17 being occupied by the District government (including

18 any independent agency of the District) as of such

19 date or during the 60-day period which begins on the

20 date of the enactment of this Act.

21 SEC. 135. (a) MANAGEMENT OF EXISTING DISTRICT

22 GOVERNMENT PROPERTY.—Upon the expiration of the 60-

23 day period that begins on the date of the enactment of this

24 Act, none of the funds contained in this Act may be used

25 to enter into a lease (or to make rental payments under
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1 such a lease) for the use of real property by the District

2 of Columbia government (including any independent agen3 cy of the District) or to purchase real property for the use

4 of the District of Columbia government (including any

5 independent agency of the District) or to manage real prop6 erty for the use of the District of Columbia (including any

7 independent agency of the District) unless the following con8 ditions are met:

9 (1) The Mayor and Council of the District of Co10 lumbia certify to the Committees on Appropriations

11 of the House of Representatives and Senate that exist12 ing real property available to the District (whether

13 leased or owned by the District government) is not

14 suitable for the purposes intended.

15 (2) Notwithstanding any other provisions of law,

16 there is made available for sale or lease all real prop17 erty of the District of Columbia that the Mayor from

18 time-to-time determines is surplus to the needs of the

19 District of Columbia, unless a majority of the mem20 bers of the Council override the Mayor’s determina21 tion during the 30-day period which begins on the

22 date the determination is published.

23 (3) The Mayor and Council implement a pro24 gram for the periodic survey of all District property
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1 to determine if it is surplus to the needs of the Dis2 trict.

3 (4) The Mayor and Council within 60 days of

4 the date of the enactment of this Act have filed with

5 the Committees on Appropriations of the House of

6 Representatives and Senate, the Committee on Gov7 ernment Reform of the House of Representatives, and

8 the Committee on Governmental Affairs of the Senate

9 a report which provides a comprehensive plan for the

10 management of District of Columbia real property as11 sets, and are proceeding with the implementation of

12 the plan.

13 (b) TERMINATION OF PROVISIONS.—If the District of

14 Columbia enacts legislation to reform the practices and pro15 cedures governing the entering into of leases for the use of

16 real property by the District of Columbia government and

17 the disposition of surplus real property of the District gov18 ernment, the provisions of subsection (a) shall cease to be

19 effective upon the effective date of the legislation.

20 SEC. 136. CERTIFICATION.—None of the funds con21 tained in this Act may be used after the expiration of the

22 60-day period that begins on the date of the enactment of

23 this Act to pay the salary of any chief financial officer of

24 any office of the District of Columbia government (includ25 ing any independent agency of the District) who has not
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1 filed a certification with the Mayor and the Chief Financial

2 Officer of the District of Columbia that the officer under3 stands the duties and restrictions applicable to the officer

4 and their agency as a result of this Act.

5 SEC. 137. The proposed budget of the government of

6 the District of Columbia for fiscal year 2002 that is sub7 mitted by the District to Congress shall specify potential

8 adjustments that might become necessary in the event that

9 the operational improvements savings and management re10 form savings achieved by the District during the year do

11 not meet the level of management savings projected by the

12 District under the proposed budget.

13 SEC. 138. In submitting any document showing the

14 budget for an office of the District of Columbia government

15 (including an independent agency of the District) that con16 tains a category of activities labeled as ‘‘other’’, ‘‘miscella17 neous’’, or a similar general, nondescriptive term, the docu18 ment shall include a description of the types of activities

19 covered in the category and a detailed breakdown of the

20 amount allocated for each such activity.

21 SEC. 139. (a) None of the funds contained in this Act

22 may be used to enact or carry out any law, rule, or regula23 tion to legalize or otherwise reduce penalties associated with

24 the possession, use, or distribution of any schedule I sub-
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1 stance under the Controlled Substances Act (21 U.S.C. 802)

2 or any tetrahydrocannabinols derivative.

3 (b) The Legalization of Marijuana for Medical Treat4 ment Initiative of 1998, also known as Initiative 59, ap5 proved by the electors of the District of Columbia on Novem6 ber 3, 1998, shall not take effect.

7 SEC. 140. Nothing in this Act bars the District of Co8 lumbia Corporation Counsel from reviewing or commenting

9 on briefs in private lawsuits, or from consulting with offi10 cials of the District government regarding such lawsuits.

11 SEC. 141. (a) Nothing in the Federal Grant and Coop12 erative Agreements Act of 1977 (31 U.S.C. 6301 et seq.)

13 may be construed to prohibit the Administrator of the Envi14 ronmental Protection Agency from negotiating and entering

15 into cooperative agreements and grants authorized by law

16 which affect real property of the Federal Government in the

17 District of Columbia if the principal purpose of the cooper18 ative agreement or grant is to provide comparable benefits

19 for Federal and non-Federal properties in the District of

20 Columbia.

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

22 year 2001 and each succeeding fiscal year.

23 SEC. 142. (a) IN GENERAL.—The District of Columbia

24 Home Rule Act is amended by inserting after section 450

25 the following:
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1 ‘‘COMPREHENSIVE FINANCIAL MANAGEMENT POLICY

2 ‘‘SEC. 450B. (a) COMPREHENSIVE FINANCIAL MAN3 AGEMENT POLICY.—The District of Columbia shall conduct

4 its financial management in accordance with a comprehen5 sive financial management policy.

6 ‘‘(b) CONTENTS OF POLICY.—The comprehensive fi7 nancial management policy shall include, but not be lim8 ited to, the following:

9 ‘‘(1) A cash management policy.

10 ‘‘(2) A debt management policy.

11 ‘‘(3) A financial asset management policy.

12 ‘‘(4) A contingency reserve management policy

13 in accordance with section 450A(a)(3).

14 ‘‘(5) An emergency reserve management policy

15 in accordance with section 450A(b)(3).

16 ‘‘(6) A policy for determining real property tax

17 exemptions for the District of Columbia.

18 ‘‘(c) ANNUAL REVIEW.—The comprehensive financial

19 management policy shall be reviewed at the end of each fis20 cal year by the Chief Financial Officer who shall—

21 ‘‘(1) not later than July 1 of each year, submit

22 any proposed changes in the policy to the Mayor for

23 review and the District of Columbia Financial Re24 sponsibility and Management Assistance Authority

25 (in a control year);
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1 ‘‘(2) not later than August 1 of each year, after

2 consideration of any comments received under para3 graph (1), submit the changes to the Council of the

4 District of Columbia for approval; and

5 ‘‘(3) not later than September 1 of each year, no6 tify the Committees on Appropriations of the Senate

7 and House of Representatives, the Committee on Gov8 ernment Reform of the House of Representatives, and

9 the Committee on Governmental Affairs of the Senate

10 of any changes enacted by the Council of the District

11 of Columbia.

12 ‘‘(d) PROCEDURE FOR DEVELOPMENT OF FIRST COM13 PREHENSIVE FINANCIAL MANAGEMENT POLICY.—

14 ‘‘(1) CFO.—Not later than April 1, 2001, the

15 Chief Financial Officer shall submit to the Mayor an

16 initial proposed comprehensive financial management

17 policy for the District of Columbia pursuant to sec18 tion 450B of the District of Columbia Home Rule

19 Act.

20 ‘‘(2) COUNCIL.—Following review and comment

21 by the Mayor, not later than May 1, 2001, the Chief

22 Financial Officer shall submit the proposed financial

23 management policy to the Council of the District of

24 Columbia for its prompt review and adoption.
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1 ‘‘(3) AUTHORITY.—Upon adoption of the finan2 cial management policy under paragraph (2), the

3 Council shall immediately submit the policy to the

4 District of Columbia Financial Responsibility and

5 Management Assistance Authority for a review of not

6 to exceed 30 days.

7 ‘‘(4) CONGRESS.—Following review of the finan8 cial management policy by the Authority under para9 graph (3), the Authority shall submit the policy to the

10 Committees on Appropriations of the Senate and

11 House of Representatives, the Committee on Govern12 ment Reform of the House of Representatives, and the

13 Committee on Governmental Affairs of the Senate for

14 review and the policy shall take effect 30 days after

15 the date the policy is submitted under this para16 graph.’’.

17 (b) EFFECTIVE DATE.—This section and the amend18 ments made by this section shall take effect on October 1,

19 2000.

20 APPOINTMENT AND DUTIES OF CHIEF FINANCIAL OFFICER

21 SEC. 143. (a) APPOINTMENT AND DISMISSAL.—Section

22 424(b) of the District of Columbia Home Rule Act (sec. 47–

23 317.2, D.C. Code) is amended—

24 (1) in paragraph (1)(B), by adding at the end

25 the following: ‘‘Upon confirmation by the Council, the

26 name of the Chief Financial Officer shall be submitted
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1 to the Committees on Appropriations of the Senate

2 and House of Representatives, the Committee on Gov3 ernmental Affairs of the Senate, and the Committee

4 on Government Reform of the House of Representa5 tives for a 30-day period of review and comment be6 fore the appointment takes effect.’’; and

7 (2) in paragraph (2)(B), by striking the period

8 at the end and inserting the following: ‘‘upon dis9 missal by the Mayor and approval of that dismissal

by a 2 10 ⁄3 vote of the Council of the District of Colum11 bia. Upon approval of the dismissal by the Council,

12 notice of the dismissal shall be submitted to the Com13 mittees on Appropriations of the Senate and House of

14 Representatives, the Committee on Governmental Af15 fairs of the Senate, and the Committee on Govern16 ment Reform of the House of Representatives for a 30-

17 day period of review and comment before the dis18 missal takes effect.’’.

19 (b) FUNCTIONS.—

20 (1) IN GENERAL.—Section 424(c) of such Act

21 (sec. 47–317.3, D.C. Code) is amended—

22 (A) in the heading, by striking ‘‘DURING A

23 CONTROL YEAR’’;

24 (B) in the matter preceding paragraph (1),

25 by striking ‘‘During a control year, the Chief Fi-
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1 nancial Officer’’ and inserting ‘‘The Chief Fi2 nancial Officer’’;

3 (C) in paragraph (1), by striking ‘‘Pre4 paring’’ and inserting ‘‘During a control year,

5 preparing’’;

6 (D) in paragraph (3), by striking ‘‘Assur7 ing’’ and inserting ‘‘During a control year, as8 suring’’;

9 (E) in paragraph (5), by striking ‘‘With the

10 Approval’’ and all that follows through ‘‘the

11 Council—’’ and inserting ‘‘Preparing and sub12 mitting to the Mayor and the Council, with the

13 approval of the Authority during a control

14 year—’’;

15 (F) in paragraph (11), by striking ‘‘or the

16 Authority’’ and inserting ‘‘(or by the Authority

17 during a control year)’’; and

18 (G) by adding at the end the following new

19 paragraphs:

20 ‘‘(18) Exercising responsibility for the adminis21 tration and supervision of the District of Columbia

22 Treasurer (except that the Chief Financial Officer

23 may delegate any portion of such responsibility as the

24 Chief Financial Officer considers appropriate and

25 consistent with efficiency).
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1 ‘‘(19) Administering all borrowing programs of

2 the District government for the issuance of long-term

3 and short-term indebtedness.

4 ‘‘(20) Administering the cash management pro5 gram of the District government, including the invest6 ment of surplus funds in governmental and non-gov7 ernmental interest-bearing securities and accounts.

8 ‘‘(21) Administering the centralized District gov9 ernment payroll and retirement systems.

10 ‘‘(22) Governing the accounting policies and sys11 tems applicable to the District government.

12 ‘‘(23) Preparing appropriate annual, quarterly,

13 and monthly financial reports of the accounting and

14 financial operations of the District government.

15 ‘‘(24) Not later than 120 days after the end of

16 each fiscal year, preparing the complete financial

17 statement and report on the activities of the District

18 government for such fiscal year, for the use of the

19 Mayor under section 448(a)(4).’’.

20 (2) CONFORMING AMENDMENTS.—Section 424 of

21 such Act (sec. 47–317.1 et seq., D.C. Code) is

22 amended—

23 (A) by striking subsection (d);

24 (B) in subsection (e)(2), by striking ‘‘or

25 subsection (d)’’; and
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1 (C) by redesignating subsections (e) and (f)

2 as subsections (d) and (e), respectively.

3 SEC. 144. (a) Notwithstanding the provisions of the

4 District of Columbia Government Comprehensive Merit

5 Personnel Act of 1978 (D.C. Law 2–139; D.C. Code 1–

6 601.1 et seq.), or any other District of Columbia law, stat7 ute, regulation, the provisions of the District of Columbia

8 Personnel Manual, or the provisions of any collective bar9 gaining agreement, employees of the District of Columbia

10 government will only receive compensation for overtime

11 work in excess of 40 hours per week (or other applicable

12 tour of duty) of work actually performed, in accordance

13 with the provisions of the Fair Labor Standards Act, 29

14 U.S.C. § 201 et seq.

15 (b) Subsection (a) of this section shall be effective De16 cember 27, 1996. The Resolution and Order of the District

17 of Columbia Financial Responsibility and Management

18 Assistance Authority, dated December 27, 1996, is hereby

19 ratified and approved and shall be given full force and ef20 fect.

21 SEC. 145. (a) IN GENERAL.—Notwithstanding section

22 503 of Public Law 100–71 and as provided in subsection

23 (b), the Court Services and Offender Supervision Agency

24 for the District of Columbia (in this section referred to as

25 the ‘‘agency’’) may implement and administer the Drug
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1 Free Workplace Program of the agency, dated July 28,

2 2000, for employment applicants of the agency.

3 (b) EFFECTIVE PERIOD.—The waiver provided by sub4 section (a) shall—

5 (1) take effect on enactment; and

6 (2) terminate on the date the Department of

7 Health and Human Services approves the drug pro8 gram of the agency pursuant to section 503 of Public

9 Law 100–71 or 12 months after the date referred to

10 in paragraph (1), whichever is later.

11 SEC. 146. The Mayor of the District of Columbia shall

12 submit quarterly reports to the Senate Committees on Ap13 propriations and Governmental Affairs, commencing Octo14 ber 1, 2000, addressing the following issues: (1) crime, in15 cluding the homicide rate, implementation of community

16 policing, the number of police officers on local beats, and

17 the closing down of open-air drug markets; (2) access to

18 drug abuse treatment, including the number of treatment

19 slots, the number of people served, the number of people on

20 waiting lists, and the effectiveness of treatment programs;

21 (3) management of parolees and pre-trial violent offenders,

22 including the number of halfway house escapes and steps

23 taken to improve monitoring and supervision of halfway

24 house residents to reduce the number of escapes to be pro25 vided in consultation with the Court Services and Offender
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1 Supervision Agency; (4) education, including access to spe2 cial education services and student achievement to be pro3 vided in consultation with the District of Columbia Public

4 Schools; (5) improvement in basic District services, includ5 ing rat control and abatement; (6) application for and

6 management of Federal grants, including the number and

7 type of grants for which the District was eligible but failed

8 to apply and the number and type of grants awarded to

9 the District but which the District failed to spend the

10 amounts received; and (7) indicators of child well-being.

11 RESERVE FUNDS

12 SEC. 147. (a) ESTABLISHMENT OF RESERVE

13 FUNDS.—

14 (1) IN GENERAL.—The District of Columbia

15 Home Rule Act is amended by inserting after section

16 450 the following new section:

17 ‘‘RESERVE FUNDS

18 ‘‘SEC. 450A. (a) EMERGENCY RESERVE FUND.—

19 ‘‘(1) IN GENERAL.—There is established an emer20 gency cash reserve fund (in this subsection referred to

21 as the ‘emergency reserve fund’) as an interest-bearing

22 account (separate from other accounts in the General

23 Fund) into which the Mayor shall deposit in cash not

24 later than February 15 of each fiscal year (or not

25 later than October 1, 2000, in the case of fiscal year

26 2001) such amount as may be required to maintain
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1 a balance in the fund of at least 4 percent of the total

2 budget appropriated for operating expenditures for

3 such fiscal year which is derived from local funds (or,

4 in the case of fiscal years prior to fiscal year 2004,

5 such amount as may be required to maintain a bal6 ance in the fund of at least the minimum emergency

7 reserve balance for such fiscal year, as determined

8 under paragraph (2)).

9 ‘‘(2) DETERMINATION OF MINIMUM EMERGENCY

10 RESERVE BALANCE.—

11 ‘‘(A) IN GENERAL.—The ‘minimum emer12 gency reserve balance’ with respect to a fiscal

13 year is the amount equal to the applicable per14 centage of the total budget appropriated for oper15 ating expenditures for such fiscal year which is

16 derived from local funds.

17 ‘‘(B) APPLICABLE PERCENTAGE DEFINED.—

18 In subparagraph (A), the ‘applicable percentage’

19 with respect to a fiscal year means the following:

20 ‘‘(i) For fiscal year 2001, 1 percent.

21 ‘‘(ii) For fiscal year 2002, 2 percent.

22 ‘‘(iii) For fiscal year 2003, 3 percent.

23 ‘‘(3) INTEREST.—Interest earned on the emer24 gency reserve fund shall remain in the account and
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1 shall only be withdrawn in accordance with para2 graph (4).

3 ‘‘(4) CRITERIA FOR USE OF AMOUNTS IN EMER4 GENCY RESERVE FUND.—The Chief Financial Officer,

5 in consultation with the Mayor, shall develop a policy

6 to govern the emergency reserve fund which shall in7 clude (but which may not be limited to) the following

8 requirements:

9 ‘‘(A) The emergency reserve fund may be

10 used to provide for unanticipated and non11 recurring extraordinary needs of an emergency

12 nature, including a natural disaster or calamity

13 as defined by section 102 of the Robert T. Staf14 ford Disaster Relief and Emergency Assistance

15 Act (Public Law 100–707) or unexpected obliga16 tions by Federal law.

17 ‘‘(B) The emergency reserve fund may also

18 be used in the event of a State of Emergency as

19 declared by the Mayor pursuant to section 5 of

20 the District of Columbia Public Emergency Act

21 of 1980 (sec. 6–1504, D.C. Code).

22 ‘‘(C) The emergency reserve fund may not

23 be used to fund—

24 ‘‘(i) any department, agency, or office

25 of the Government of the District of Colum-
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1 bia which is administered by a receiver or

2 other official appointed by a court;

3 ‘‘(ii) shortfalls in any projected reduc4 tions which are included in the budget pro5 posed by the District of Columbia for the

6 fiscal year; or

7 ‘‘(iii) settlements and judgments made

8 by or against the Government of the Dis9 trict of Columbia.

10 ‘‘(5) ALLOCATION OF EMERGENCY CASH RESERVE

11 FUNDS.—Funds may be allocated from the emergency

12 reserve fund only after—

13 ‘‘(A) an analysis has been prepared by the

14 Chief Financial Officer of the availability of

15 other sources of funding to carry out the pur16 poses of the allocation and the impact of such al17 location on the balance and integrity of the

18 emergency reserve fund; and

19 ‘‘(B) with respect to fiscal years beginning

20 with fiscal year 2005, the contingency reserve

21 fund established by subsection (b) has been pro22 jected by the Chief Financial Officer to be ex23 hausted at the time of the allocation.

24 ‘‘(6) NOTICE.—The Mayor, the Council, and (in

25 the case of a fiscal year which is a control year, as
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1 defined in section 305(4) of the District of Columbia

2 Financial Responsibility and Management Assistance

3 Act of 1995) the District of Columbia Financial Re4 sponsibility and Management Assistance Authority

5 shall notify the Committees on Appropriations of the

6 Senate and House of Representatives in writing not

7 more than 30 days after the expenditure of funds

8 from the emergency reserve fund.

9 ‘‘(7) REPLENISHMENT.—The District of Colum10 bia shall appropriate sufficient funds each fiscal year

11 in the budget process to replenish any amounts allo12 cated from the emergency reserve fund during the pre13 ceding fiscal year by the following fiscal year. Once

14 the emergency reserve equals 4 percent of total budget

15 appropriated for operating expenditures for the fiscal

16 year, the District of Columbia shall appropriate suffi17 cient funds each fiscal year in the budget process to

18 replenish any amounts allocated from the emergency

19 reserve fund during the preceding year to maintain

20 a balance of at least 4 percent of total funds appro21 priated for operating expenditures by the following

22 fiscal year.

23 ‘‘(b) CONTINGENCY RESERVE FUND.—

24 ‘‘(1) IN GENERAL.—There is established a con25 tingency cash reserve fund (in this subsection referred
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1 to as the ‘contingency reserve fund’) as an interest2 bearing account (separate from other accounts in the

3 General Fund) into which the Mayor shall deposit in

4 cash not later than October 1 of each fiscal year (be5 ginning with fiscal year 2005) such amount as may

6 be required to maintain a balance in the fund of at

7 least 3 percent of the total budget appropriated for

8 operating expenditures for such fiscal year which is

9 derived from local funds (or, in the case of fiscal

10 years prior to fiscal year 2007, such amount as may

11 be required to maintain a balance in the fund of at

12 least the minimum contingency reserve balance for

13 such fiscal year, as determined under paragraph (2)).

14 ‘‘(2) DETERMINATION OF MINIMUM CONTINGENCY

15 RESERVE BALANCE.—

16 ‘‘(A) IN GENERAL.—The ‘minimum contin17 gency reserve balance’ with respect to a fiscal

18 year is the amount equal to the applicable per19 centage of the total budget appropriated for oper20 ating expenditures for such fiscal year which is

21 derived from local funds.

22 ‘‘(B) APPLICABLE PERCENTAGE DEFINED.—

23 In subparagraph (A), the ‘applicable percentage’

24 with respect to a fiscal year means the following:

25 ‘‘(i) For fiscal year 2005, 1 percent.
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1 ‘‘(ii) For fiscal year 2006, 2 percent.

2 ‘‘(3) INTEREST.—Interest earned on the contin3 gency reserve fund shall remain in the account and

4 may only be withdrawn in accordance with para5 graph (4).

6 ‘‘(4) CRITERIA FOR USE OF AMOUNTS IN CONTIN7 GENCY RESERVE FUND.—The Chief Financial Officer,

8 in consultation with the Mayor, shall develop a policy

9 governing the use of the contingency reserve fund

10 which shall include (but which may not be limited to)

11 the following requirements:

12 ‘‘(A) The contingency reserve fund may

13 only be used to provide for nonrecurring or un14 foreseen needs that arise during the fiscal year,

15 including expenses associated with unforeseen

16 weather or other natural disasters, unexpected

17 obligations created by Federal law or new public

18 safety or health needs or requirements that have

19 been identified after the budget process has oc20 curred, or opportunities to achieve cost savings.

21 ‘‘(B) The contingency reserve fund may be

22 used, if needed, to cover revenue shortfalls experi23 enced by the District government for 3 consecu24 tive months (based on a 2 month rolling average)
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1 that are 5 percent or more below the budget fore2 cast.

3 ‘‘(C) The contingency reserve fund may not

4 be used to fund any shortfalls in any projected

5 reductions which are included in the budget pro6 posed by the District of Columbia for the fiscal

7 year.

8 ‘‘(5) ALLOCATION OF CONTINGENCY CASH RE9 SERVE.—Funds may be allocated from the contin10 gency reserve fund only after an analysis has been

11 prepared by the Chief Financial Officer of the avail12 ability of other sources of funding to carry out the

13 purposes of the allocation and the impact of such allo14 cation on the balance and integrity of the contingency

15 reserve fund.

16 ‘‘(6) REPLENISHMENT.—The District of Colum17 bia shall appropriate sufficient funds each fiscal year

18 in the budget process to replenish any amounts allo19 cated from the contingency reserve fund during the

20 preceding fiscal year by the following fiscal year.

21 Once the contingency reserve equals 3 percent of total

22 funds appropriated for operating expenditures, the

23 District of Columbia shall appropriate sufficient

24 funds each fiscal year in the budget process to replen25 ish any amounts allocated from the contingency re-
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1 serve fund during the preceding year to maintain a

2 balance of at least 3 percent of total funds appro3 priated for operating expenditures by the following

4 fiscal year.

5 ‘‘(c) QUARTERLY REPORTS.—The Chief Financial Of6 ficer shall submit a quarterly report to the Mayor, the

7 Council, the District of Columbia Financial Responsibility

8 and Management Assistance Authority (in the case of a fis9 cal year which is a control year, as defined in section

10 305(4) of the District of Columbia Financial Responsibility

11 and Management Assistance Act of 1995), and the Commit12 tees on Appropriations of the Senate and House of Rep13 resentatives that includes a monthly statement on the bal14 ance and activities of the contingency and emergency re15 serve funds.’’.

16 (2) CLERICAL AMENDMENT.—The table of con17 tents for the District of Columbia Home Rule Act is

18 amended by inserting after the item relating to sec19 tion 450 the following new item:

‘‘Sec. 450A. Reserve funds.’’.

20 (b) CONFORMING AMENDMENTS.—

21 (1) CURRENT RESERVE FUND.—Section 202(j) of

22 the District of Columbia Financial Responsibility

23 and Management Assistance Act of 1995 (sec. 47–

24 392.2(j), D.C. Code) is amended by striking ‘‘Begin25 ning with fiscal year 2000, the plan or budget sub-
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1 mitted pursuant to this Act’’ and inserting ‘‘For each

2 of the fiscal years 2000 through 2004, the budget of

3 the District government for the fiscal year’’.

4 (2) POSITIVE FUND BALANCE.—Section 202(k) of

5 such Act (sec. 47–392.2(k), D.C. Code) is repealed.

6 (c) EFFECTIVE DATE.—This section and the amend7 ments made by this section shall take effect on October 1,

8 2000.

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

10 Appropriations Act, 2001’’.

Attest:

Secretary.
106TH CONGRESS

2D SESSION H. R. 4942

AMENDMENT
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