II

Calendar No. 805

106TH CONGRESS

2D SESSION H. R. 4942

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 14, 2000

Received; read twice and placed on the calendar

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.
2

HR 4942 PCS

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

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 District of Columbia for the fiscal year ending September

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

7 FEDERAL FUNDS

8 FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

9 For a Federal payment to the District of Columbia

10 for a nationwide program to be administered by the Mayor

11 for District of Columbia resident tuition support,

12 $14,000,000, to remain available until expended: Pro13 vided, That such funds may be used on behalf of eligible

14 District of Columbia residents to pay an amount based

15 upon the difference between in-State and out-of-State tui16 tion at public institutions of higher education, usable at

17 both public and private institutions for higher education:

18 Provided further, That the awarding of such funds may

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

20 and such other factors as may be authorized: Provided fur21 ther, That not more than 5 percent of the funds may be

22 used to pay administrative expenses.
3

HR 4942 PCS

1 FEDERAL PAYMENT FOR INCENTIVES FOR ADOPTION OF

2 CHILDREN

3 The paragraph under the heading ‘‘Federal Payment

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

5 106–113, approved November 29, 1999 (113 Stat. 1501),

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

7 to the District of Columbia to create incentives to promote

8 the adoption of children in the District of Columbia foster

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

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

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

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

13 Act of 2000, D.C. Bill 13–679, enrolled June 12, 2000.

14 FEDERAL PAYMENT TO THE CHIEF FINANCIAL OFFICER

15 OF THE DISTRICT OF COLUMBIA

16 For a Federal payment to the Chief Financial Officer

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

18 $250,000 shall be for payment to a mentoring program

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

20 to a youth development program with a character building

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

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

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

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

25 support a program to assist homeless individuals to be-
4

HR 4942 PCS

1 come productive, taxpaying citizens in the District of Co2 lumbia.

3 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

4 CORRECTIONS TRUSTEE OPERATIONS

5 For salaries and expenses of the District of Columbia

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

7 and operation of correctional facilities and for the admin8 istrative operating costs of the Office of the Corrections

9 Trustee, as authorized by section 11202 of the National

10 Capital Revitalization and Self-Government Improvement

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

12 $1,000,000 is to fund an initiative to improve case proc13 essing in the District of Columbia criminal justice system:

14 Provided, That notwithstanding any other provision of

15 law, funds appropriated in this Act for the District of Co16 lumbia Corrections Trustee shall be apportioned quarterly

17 by the Office of Management and Budget and obligated

18 and expended in the same manner as funds appropriated

19 for salaries and expenses of other Federal agencies: Pro20 vided further, That in addition to the funds provided under

21 this heading, the District of Columbia Corrections Trustee

22 may use any remaining interest earned on the Federal

23 payment made to the Trustee under the District of Colum24 bia Appropriations Act, 1998, to carry out the activities

25 funded under this heading.
5

HR 4942 PCS

1 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

2 COURTS

3 For salaries and expenses for the District of Colum4 bia Courts, $99,500,000 to be allocated as follows: for the

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

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

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

8 $2,500,000, to remain available until September 30, 2002,

9 for capital improvements for District of Columbia court10 house facilities: Provided, That none of the funds in this

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

12 installation or operation of an Integrated Justice Informa13 tion System until a detailed plan and design has been sub14 mitted by the courts and approved by the Committees on

15 Appropriations of the House of Representatives and the

16 Senate: Provided further, That notwithstanding any other

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

18 apportioned quarterly by the Office of Management and

19 Budget and obligated and expended in the same manner

20 as funds appropriated for salaries and expenses of other

21 Federal agencies, with payroll and financial services to be

22 provided on a contractual basis with the General Services

23 Administration (GSA), said services to include the prepa24 ration of monthly financial reports, copies of which shall

25 be submitted directly by GSA to the President and to the
6

HR 4942 PCS

1 Committees on Appropriations of the Senate and House

2 of Representatives, the Committee on Governmental Af3 fairs of the Senate, and the Committee on Government

4 Reform of the House of Representatives:

5 DEFENDER SERVICES IN DISTRICT OF COLUMBIA

6 COURTS

7 For payments authorized under section 11–2604 and

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

9 provided under the District of Columbia Criminal Justice

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

11 Family Division of the Superior Court of the District of

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

13 payments for counsel authorized under section 21–2060,

14 D.C. Code (relating to representation provided under the

15 District of Columbia Guardianship, Protective Pro16 ceedings, and Durable Power of Attorney Act of 1986),

17 $34,387,000, to remain available until expended: Pro18 vided, That the funds provided in this Act under the head19 ing ‘‘Federal Payment to the District of Columbia Courts’’

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

21 for capital improvements for District of Columbia court22 house facilities) may also be used for payments under this

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

24 provided under this heading, the Joint Committee on Ju25 dicial Administration in the District of Columbia shall use
7

HR 4942 PCS

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

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

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

4 improvements for District of Columbia courthouse facili5 ties), to make payments described under this heading for

6 obligations incurred during any fiscal year: Provided fur7 ther, That such funds shall be administered by the Joint

8 Committee on Judicial Administration in the District of

9 Columbia: Provided further, That notwithstanding any

10 other provision of law, this appropriation shall be appor11 tioned quarterly by the Office of Management and Budget

12 and obligated and expended in the same manner as funds

13 appropriated for expenses of other Federal agencies, with

14 payroll and financial services to be provided on a contrac15 tual basis with the General Services Administration

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

17 financial reports, copies of which shall be submitted di18 rectly by GSA to the President and to the Committees

19 on Appropriations of the Senate and House of Representa20 tives, the Committee on Governmental Affairs of the Sen21 ate, and the Committee on Government Reform of the

22 House of Representatives: Provided further, That the Dis23 trict of Columbia Courts shall implement the recommenda24 tions in the General Accounting Office Report GAO/

25 AIMD/OGC–99–226 regarding payments to court-ap-
8

HR 4942 PCS

1 pointed attorneys and shall report to the Office of Man2 agement and Budget and to the House and Senate Appro3 priations Committees quarterly on the status of these re4 forms.

5 FEDERAL PAYMENT TO THE COURT SERVICES AND

6 OFFENDER SUPERVISION

7 AGENCY FOR THE DISTRICT OF COLUMBIA

8 (INCLUDING TRANSFER OF FUNDS)

9 For salaries and expenses of the Court Services and

10 Offender Supervision Agency for the District of Columbia,

11 as authorized by the National Capital Revitalization and

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

13 105–33; 111 Stat. 712) $115,752,000, of which

14 $69,871,000 shall be for necessary expenses of Commu15 nity Supervision and Sex Offender Registration, to include

16 expenses relating to supervision of adults subject to pro17 tection orders or provision of services for or related to such

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

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

20 the Pretrial Services Agency: Provided, That of the

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

22 used to improve pretrial defendant and post-conviction of23 fender supervision, enhance drug testing and sanctions24 based treatment programs and other treatment services,

25 expand intermediate sanctions and offender re-entry pro-
9

HR 4942 PCS

1 grams, continue planning and design proposals for a resi2 dential Sanctions Center and improve administrative in3 frastructure, including information technology; and

4 $836,000 of the $22,161,000 referred to in this proviso

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

6 notwithstanding any other provision of law, all amounts

7 under this heading shall be apportioned quarterly by the

8 Office of Management and Budget and obligated and ex9 pended in the same manner as funds appropriated for sal10 aries and expenses of other Federal agencies: Provided fur11 ther, That notwithstanding section 446 of the District of

12 Columbia Home Rule Act or any provision of subchapter

13 III of chapter 13 of title 31, United States Code, the use

14 of interest earned on the Federal payment made to the

15 District of Columbia Offender Supervision, Defender, and

16 Court Services Agency under the District of Columbia Ap17 propriations Act, 1998, by the Agency during fiscal years

18 1998 and 1999 shall not constitute a violation of such Act

19 or such subchapter.

20 FEDERAL PAYMENT FOR WASHINGTON INTERFAITH

21 NETWORK

22 For a Federal payment to the Washington Interfaith

23 Network to reimburse the Network for costs incurred in

24 carrying out preconstruction activities at the former Fort

25 Dupont Dwellings and Additions, $1,000,000: Provided,
10

HR 4942 PCS

1 That such activities may include architectural and engi2 neering studies, property appraisals, environmental as3 sessments, grading and excavation, landscaping, paving,

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

5 lines, and other utilities: Provided further, That the Sec6 retary of the Treasury shall make such payment only after

7 the Network has received matching funds from private

8 sources (including funds provided through loans) to carry

9 out such activities in an aggregate amount which is equal

10 to the amount of such payment (as certified by the Inspec11 tor General of the District of Columbia) and has provided

12 the Secretary of the Treasury with a request for reim13 bursement which contains documentation certified by the

14 Inspector General of the District of Columbia showing

15 that the Network carried out the activities and that the

16 costs incurred in carrying out the activities were equal to

17 or less than the amount of the reimbursement requested:

18 Provided further, That none of the funds provided under

19 this heading may be obligated or expended after December

20 31, 2001 (without regard to whether the activities involved

21 were carried out prior to such date).

22 FEDERAL PAYMENT FOR SIMPLIFIED PERSONNEL

23 SYSTEM

24 For a Federal payment to the Mayor of the District

25 of Columbia to study and design a system approved by
11

HR 4942 PCS

1 the Comptroller General for simplifying the administration

2 of personnel policies (including pay policies) with respect

3 to employees of the District government, $250,000: Pro4 vided, That the Mayor shall carry out such study and de5 sign through a contractor approved by the Comptroller

6 General.

7 METRORAIL CONSTRUCTION

8 (INCLUDING TRANSFER OF FUNDS)

9 For a contribution to the Washington Metropolitan

10 Area Transit Authority for construction of a Metrorail sta11 tion located at New York and Florida Avenues, Northeast,

12 $25,000,000, to remain available until expended, of which

13 $7,100,000 is appropriated under this heading and

14 $17,900,000 shall be transferred by the District of Colum15 bia Financial Responsibility and Management Assistance

16 Authority (DCFRMA) from interest earned on accounts

17 held by DCFRMA on behalf of the District of Columbia

18 government.

19 FEDERAL PAYMENT FOR NATIONAL MUSEUM OF

20 AMERICAN MUSIC

21 For a Federal payment to the Federal City Council

22 for the establishment of a National Museum of American

23 Music, $250,000, to remain available until expended: Pro24 vided, That such funds shall be used for the costs of activi25 ties necessary to complete the planning phase for such
12

HR 4942 PCS

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

2 environmental assessments, and the preparation of re3 quests for proposals: Provided further, That such funds

4 shall be deposited into a separate account of the Federal

5 City Council used exclusively for the establishment of such

6 Museum: Provided further, That the Secretary of the

7 Treasury shall make such payment only after the Federal

8 City Council has deposited matching donated funds from

9 private sources into the account in an aggregate amount

10 which is equal to 200 percent of the amount appropriated

11 herein (as certified by the Inspector General of the Dis12 trict of Columbia).

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, $5,961,000, as au17 thorized by section 737(b) of the District of Columbia

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

19 824; D.C. Code, sec. 1–1132), which shall be apportioned

20 by the Chief Financial Officer within the various appro21 priation headings in this Act.
13

HR 4942 PCS

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

6 general fund of the District of Columbia, except as other7 wise specifically provided: Provided, That notwithstanding

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

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

10 operating expenses for the District of Columbia for fiscal

11 year 2001 under this heading shall not exceed the lesser

12 of the sum of the total revenues of the District of Colum13 bia for such fiscal year or $5,689,276,000 (of which

14 $192,804,000 shall be from intra-District funds and

15 $3,245,623,000 shall be from local funds): Provided fur16 ther, That the Chief Financial Officer of the District of

17 Columbia and the District of Columbia Financial Respon18 sibility and Management Assistance Authority shall take

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

20 Columbia meets these requirements, including the appor21 tioning by the Chief Financial Officer of the appropria22 tions and funds made available to the District during fis23 cal year 2001, except that the Chief Financial Officer may

24 not reprogram for operating expenses any funds derived
14

HR 4942 PCS

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

2 projects.

3 DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY

4 AND MANAGEMENT ASSISTANCE AUTHORITY

5 For the District of Columbia Financial Responsibility

6 and Management Assistance Authority, established by sec7 tion 101(a) of the District of Columbia Financial Respon8 sibility and Management Assistance Act of 1995 (109

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

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

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

12 Director or General Counsel of the Authority at a rate

13 in excess of the maximum rate of compensation which may

14 be paid to such individual during fiscal year 2001 under

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

16 General (as described in GAO letter report B–279095.2).

17 GOVERNMENTAL DIRECTION AND SUPPORT

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

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

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

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

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

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

24 be available from this appropriation for official purposes:

25 Provided further, That any program fees collected from the
15

HR 4942 PCS

1 issuance of debt shall be available for the payment of ex2 penses of the debt management program of the District

3 of Columbia: Provided further, That no revenues from

4 Federal sources shall be used to support the operations

5 or activities of the Statehood Commission and Statehood

6 Compact Commission: Provided further, That the District

7 of Columbia shall identify the sources of funding for Ad8 mission to Statehood from its own locally-generated reve9 nues: Provided further, That all employees permanently

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

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

12 further, That notwithstanding any other provision of law,

13 or Mayor’s Order 86–45, issued March 18, 1986, the Of14 fice of the Chief Technology Officer’s delegated small pur15 chase authority shall be $500,000: Provided further, That

16 the District of Columbia government may not require the

17 Office of the Chief Technology Officer to submit to any

18 other procurement review process, or to obtain the ap19 proval of or be restricted in any manner by any official

20 or employee of the District of Columbia government, for

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

22 That $303,000 and no fewer than 5 FTEs shall be avail23 able exclusively to support the Labor-Management Part24 nership Council: Provided further, That no funds except

25 those already encumbered shall be available for the
16

HR 4942 PCS

1 Maximus, Inc., revenue recovery services contract (Con2 tract GF 98104) until such time as the contract is renego3 tiated to require Maximus, Inc., to recover maximum rev4 enue first for Medicaid reimbursable special education

5 transportation costs, second for Medicaid reimbursable

6 special education residential placement costs, and third for

7 the Medicaid reimbursable costs of Mental Retardation

8 and Developmental Disabilities Administration clients.

9 ECONOMIC DEVELOPMENT AND REGULATION

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

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

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

13 of which $15,000,000 collected by the District of Colum14 bia in the form of BID tax revenue shall be paid to the

15 respective BIDs pursuant to the Business Improvement

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

17 1–2271 et seq.), and the Business Improvement Districts

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

19 That such funds are available for acquiring services pro20 vided by the General Services Administration: Provided

21 further, That Business Improvement Districts shall be ex22 empt from taxes levied by the District of Columbia.

23 PUBLIC SAFETY AND JUSTICE

24 Public safety and justice, including purchase or lease

25 of 135 passenger carrying vehicles for replacement only,
17

HR 4942 PCS

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

2 without regard to the general purchase price limitation for

3 the current fiscal year, and such sums as may be nec4 essary for making refunds and for the payment of judg5 ments that have been entered against the District of Co6 lumbia government $762,346,000 (including

7 $591,365,000 from local funds, $24,950,000 from Federal

8 funds, and $146,031,000 from other funds): Provided fur9 ther, That the Metropolitan Police Department is author10 ized to replace not to exceed 25 passenger carrying vehi11 cles and the Department of Fire and Emergency Medical

12 Services of the District of Columbia is authorized to re13 place not to exceed five passenger carrying vehicles annu14 ally whenever the cost of repair to any damaged vehicle

15 exceeds three fourths of the cost of the replacement: Pro16 vided further, That not to exceed $500,000 shall be avail17 able from this appropriation for the Chief of Police for

18 the prevention and detection of crime: Provided further,

19 That notwithstanding any other provision of law, or May20 or’s Order 86–45, issued March 18, 1986, the Metropoli21 tan Police Department’s delegated small purchase author22 ity shall be $500,000: Provided further, That the District

23 of Columbia government may not require the Metropolitan

24 Police Department to submit to any other procurement re25 view process, or to obtain the approval of or be restricted
18

HR 4942 PCS

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

2 of Columbia government, for purchases that do not exceed

3 $500,000: Provided further, That the Mayor shall reim4 burse the District of Columbia National Guard for ex5 penses incurred in connection with services that are per6 formed in emergencies by the National Guard in a militia

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

8 shall be jointly determined and certified as due and pay9 able for these services by the Mayor and the Commanding

10 General of the District of Columbia National Guard: Pro11 vided further, That such sums as may be necessary for

12 reimbursement to the District of Columbia National

13 Guard under the preceding proviso shall be available from

14 this appropriation, and the availability of the sums shall

15 be deemed as constituting payment in advance for emer16 gency services involved: Provided further, That the Metro17 politan Police Department is authorized to maintain 3,800

18 sworn officers, with leave for a 50 officer attrition: Pro19 vided further, That $100,000 shall be available for inmates

20 released on medical and geriatric parole: Provided further,

21 That commencing on December 31, 2000, the Metropoli22 tan Police Department shall provide to the Committees on

23 Appropriations of the Senate and House of Representa24 tives, the Committee on Governmental Affairs of the Sen25 ate, and the Committee on Government Reform of the
19

HR 4942 PCS

1 House of Representatives, quarterly reports on the status

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

3 established throughout the District of Columbia.

4 PUBLIC EDUCATION SYSTEM

5 Public education system, including the development

6 of national defense education programs, $995,418,000 (in7 cluding $821,367,000 from local funds, $147,643,000

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

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

10 $628,809,000 from local funds, $133,490,000 from Fed11 eral funds, and $7,144,000 from other funds), for the pub12 lic schools of the District of Columbia; $200,000 from

13 local funds for the District of Columbia Teachers’ Retire14 ment Fund; $1,679,000 from local funds for the State

15 Education Office, $14,000,000 from local funds, pre16 viously appropriated in this Act as a Federal payment, for

17 resident tuition support at public and private institutions

18 of higher learning for eligible District of Columbia resi19 dents; $105,000,000 from local funds for public charter

20 schools: Provided, That there shall be quarterly disburse21 ment of funds to the D.C. public charter schools, with the

22 first payment to occur within 15 days of the beginning

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

24 charter schools will report enrollment on a quarterly basis:

25 Provided further, That the quarterly payment of October
20

HR 4942 PCS

1 15, 2000, shall be fifty (50) percent of each public charter

2 school’s annual entitlement based on its unaudited Octo3 ber 5 enrollment count: Provided further, That if the en4 tirety of this allocation has not been provided as payments

5 to any public charter schools currently in operation

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

7 available for public education in accordance with the

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

9 2853.43(A)(2)(D); Public Law 104–134, as amended):

10 Provided further, That the Mayor of the District of Colum11 bia shall convene a task force to recommend changes,

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

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

14 a funding mechanism which will account for the projected

15 growth of charter schools: Provided further, That

16 $480,000 of this amount shall be available to the District

17 of Columbia Public Charter School Board for administra18 tive costs: Provided further, That $76,433,000 (including

19 $44,691,000 from local funds, $13,199,000 from Federal

20 funds, and $18,543,000 from other funds) shall be avail21 able for the University of the District of Columbia: Pro22 vided further, That $200,000 is allocated for the East of

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

24 Excel Institute Adult Education Program to be used by

25 the Institute for construction and to acquire construction
21

HR 4942 PCS

1 services provided by the General Services Administration

2 on a reimbursable basis, $500,000 for the Adult Edu3 cation State Plan, $650,000 for The Saturday Academy

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

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

6 $25,208,000 from local funds, $550,000 from Federal

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

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

9 be allocated such that; $500,000 is used for facilities im10 provements for 8 of the 26 library branches, $235,000 for

11 13 FTEs for the continuation of the Homework Helpers

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

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

14 homes, and $119,000 for 3 FTEs to expand literacy sup15 port into branch libraries: Provided further, That

16 $2,204,000 (including $1,780,000 from local funds,

17 $404,000 from Federal funds and $20,000 from other

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

19 and Humanities: Provided further, That the public schools

20 of the District of Columbia are authorized to accept not

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

22 education program: Provided further, That not to exceed

23 $2,500 for the Superintendent of Schools, $2,500 for the

24 President of the University of the District of Columbia,

25 and $2,000 for the Public Librarian shall be available
22

HR 4942 PCS

1 from this appropriation for official purposes: Provided fur2 ther, That none of the funds contained in this Act may

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

4 Columbia Public School teacher, principal, administrator,

5 official, or employee who knowingly provides false enroll6 ment or attendance information under article II, section

7 5 of the Act entitled ‘‘An Act to provide for compulsory

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

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

10 February 4, 1925 (D.C. Code, sec. 31–401 et seq.): Pro11 vided further, That this appropriation shall not be avail12 able to subsidize the education of any nonresident of the

13 District of Columbia at any District of Columbia public

14 elementary and secondary school during fiscal year 2001

15 unless the nonresident pays tuition to the District of Co16 lumbia at a rate that covers 100 percent of the costs in17 curred by the District of Columbia which are attributable

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

19 Superintendent of the District of Columbia Public

20 Schools): Provided further, That this appropriation shall

21 not be available to subsidize the education of nonresidents

22 of the District of Columbia at the University of the Dis23 trict of Columbia, unless the Board of Trustees of the Uni24 versity of the District of Columbia adopts, for the fiscal

25 year ending September 30, 2001, a tuition rate schedule
23

HR 4942 PCS

1 that will establish the tuition rate for nonresident students

2 at a level no lower than the nonresident tuition rate

3 charged at comparable public institutions of higher edu4 cation in the metropolitan area: Provided further, That

5 $2,200,000 is allocated to the Temporary Weighted Stu6 dent Formula to fund 344 additional slots for pre-K stu7 dents: Provided further, That $50,000 is allocated to fund

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

9 September 2000 hosted jointly by the District of Columbia

10 Public Schools and District of Columbia public charter

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

12 shall be used to administer a system wide standardized

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

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

15 schools through the Weighted Student Formula: Provided

16 further, That the District of Columbia Public Schools may

17 spend $500,000 to engage in a Schools Without Violence

18 program based on a model developed by the University of

19 North Carolina, located in Greensboro, North Carolina:

20 Provided further, That section 441 of the District of Co21 lumbia Home Rule Act, approved December 24, 1973 (87

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

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

24 follows:
24

HR 4942 PCS

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

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

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

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

5 fiscal year for the District of Columbia Public

6 Schools and the District of Columbia Public Charter

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

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

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

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

11 Schools shall take appropriate action to ensure that

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

13 HUMAN SUPPORT SERVICES

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

15 $633,897,000 from local funds, $881,589,000 from Fed16 eral funds, and $16,718,000 from other funds): Provided,

17 That $25,836,000 of this appropriation, to remain avail18 able until expended, shall be available solely for District

19 of Columbia employees’ disability compensation: Provided

20 further, That the District of Columbia shall not provide

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

22 disposal or collection, utilities, maintenance, repairs, or

23 similar services to any legally constituted private nonprofit

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

25 B. McKinney Homeless Assistance Act (101 Stat. 485;
25

HR 4942 PCS

1 Public Law 100–77; 42 U.S.C. 11371), providing emer2 gency shelter services in the District, if the District would

3 not be qualified to receive reimbursement pursuant to such

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

5 et seq.): Provided further, That $1,250,000 shall be paid

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

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

8 $250,000 to cover debt owed by the District of Columbia

9 government for services rendered shall be paid to the Doe

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

11 $1,000,000 shall be paid in equal monthly installments by

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

13 $400,000 shall be available for the administrative costs

14 associated with implementation of the Drug Treatment

15 Choice Program established pursuant to section 4 of the

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

17 Mayor on April 20, 2000 (D.C. Act 13–329): Provided fur18 ther, That $7,000,000 shall be available for deposit in the

19 Addiction Recovery Fund established pursuant to section

20 5 of the Choice in Drug Treatment Act of 2000, signed

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

22 PUBLIC WORKS

23 Public works, including rental of one passenger car24 rying vehicle for use by the Mayor and three passenger

25 carrying vehicles for use by the Council of the District of
26

HR 4942 PCS

1 Columbia and leasing of passenger-carrying vehicles,

2 $278,242,000 (including $265,078,000 from local funds,

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

4 other funds): Provided further, That this appropriation

5 shall not be available for collecting ashes or miscellaneous

6 refuse from hotels and places of business: Provided fur7 ther, That $100,000 shall be available for a commercial

8 sector recycling initiative: Provided further, That

9 $250,000 shall be available to initiate a recycling edu10 cation campaign: Provided further, That $10,000 shall be

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

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

13 vacancy rate in Parking Services: Provided further, That

14 $170,000 shall be available to plant 500 trees: Provided

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

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

17 for contract monitors and parking analysts within Parking

18 Services: Provided further, That $1,409,000 shall be avail19 able for a neighborhood cleanup initiative: Provided fur20 ther, That $1,000,000 shall be available for tree mainte21 nance: Provided further, That $600,000 shall be available

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

23 $226,000 shall be available for a hazardous waste pro24 gram: Provided further, That $1,260,000 shall be available

25 for parking control aides: Provided further, That $400,000
27

HR 4942 PCS

1 shall be available for the Department of Motor Vehicles

2 to hire additional ticket adjudicators, conduct additional

3 hearings, and reduce the waiting time for hearings.

4 RECEIVERSHIP PROGRAMS

5 For all agencies of the District of Columbia govern6 ment under court ordered receivership, $389,528,000 (in7 cluding $234,913,000 from local funds, $135,555,000

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

9 RESERVE

10 For replacement of funds expended, if any, during

11 fiscal year 2000 from the Reserve established by section

12 202(i) of the District of Columbia Financial Responsibility

13 and Management Assistance Act of 1995, Public Law

14 104–8, $150,000,000: Provided, That none of these funds

15 shall be obligated or expended under this heading until:

16 (1) the reductions from ‘‘Operational Improvement Sav17 ings’’, ‘‘Management Reform Savings’’, and ‘‘Cafeteria

18 Plan’’ have been achieved and the achievement certified

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

20 Chief Financial Officer certifies that the reserve assets are

21 not required to replace funds expended in fiscal year 2000

22 from the Reserve established by section 202(i) of the Dis23 trict of Columbia Financial Responsibility and Manage24 ment Assistance Act of 1995, Public Law 104–8; and (3)

25 the District of Columbia government enters into leases
28

HR 4942 PCS

1 provided for under the heading ‘‘Federal Payment for Wa2 terfront Improvements’’ in Public Law 105–277, approved

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

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

5 29, 1999 (113 Stat. 1529): Provided further, That the un6 expended portion of the fiscal year 2000 reserve that is

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

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

9 selected programs upon certification by the Chief Finan10 cial Officer of the District of Columbia that: (1) the Mayor

11 will achieve operational improvement savings and manage12 ment reform productivity savings in the fiscal year 2001

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

14 revenues within the fiscal year 2001 Budget and Financial

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

16 monitored and fiscal challenges are addressed to the satis17 faction of the Chief Financial Office during fiscal year

18 2001. The programs that will be funded following certifi19 cation by the Chief Financial Officer are as follows: GOV20 ERNMENTAL DIRECTION AND SUPPORT, $4,163,000 (in21 cluding $621,000 for the Office of the Mayor; $1,042,000

22 for Human Resource Development; $2,500,000 for the Of23 fice of Property Management): ECONOMIC DEVELOPMENT

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

25 the Department of Housing and Community Development;
29

HR 4942 PCS

1 $200,000 for the Department of Employment Services):

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

3 $200,000 for the Metropolitan Police Department,

4 $1,293,000 for the Fire and Emergency Medical Services

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

6 $100,000 for the Citizen Complaint Review Board): PUB7 LIC EDUCATION SYSTEM, $15,099,000 (including

8 $12,079,000 for Public Schools, $2,500,000 for the Uni9 versity of the District of Columbia, $400,000 for the Pub10 lic Library, $120,000 for the Commission on the Arts and

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

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

13 $1,511,000 for the Department of Recreation and Parks,

14 $574,000 for the Office on Aging, $1,500,000 for the Of15 fice on Latino Affairs, $10,000,000 for Children and

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

17 (including $1,500,000 for the Department of Public

18 Works, $1,000,000 for the Department of Motor Vehicles,

19 $1,550,000 for the Taxicab Commission): RECEIVERSHIP

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

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

22 Mental Health Services): and CAFETERIA PLAN SAVINGS,

23 $5,000,000: Provided further, That the freed-up appro24 priated funds in fiscal year 2001 from the reserve rollover

25 shall be used to provide funding in the following order:
30

HR 4942 PCS

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

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

3 $13,000,000 to the Commission on Mental Health,

4 $12,079,000 to the District of Columbia Public Schools,

5 and $621,000 to the Office of the Mayor, if the Chief Fi6 nancial Officer certifies that the first $32,000,000 is not

7 required to replace funds expended in fiscal year 2000

8 from the Reserve established by section 202(i) of the Dis9 trict of Columbia Financial Responsibility and Manage10 ment Assistance Act of 1995, Public Law 104–8; (2) the

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

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

13 Financial Officer determines the Management Savings is

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

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

16 the Children Investment Trust, $1,511,000 to the Depart17 ment of Parks and Recreation, $1,293,000 to the Depart18 ment of Fire and Emergency Medical Services, $120,000

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

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

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

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

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

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

25 Department of Public Works, $1,000,000 to the Depart-
31

HR 4942 PCS

1 ment of Motor Vehicles, $4,245,000 to the Department

2 of Health, $1,500,000 to the Commission on Latino Af3 fairs, $1,550,000 to the Taxicab Commission, $2,500,000

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

5 for the savings associated with the implementation of the

6 Cafeteria Plan, if the Chief Financial Officer certifies that

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

8 in fiscal year 2000 from the Reserve established by section

9 202(i) of the District of Columbia Financial Responsibility

10 and Management Assistance Act of 1995, Public Law

11 104–8, in fiscal year 2000, and that all the savings are

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

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

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

15 Financial Officer determines the Operational Improve16 ment is not achieving the required savings, and the bal17 ance, if any, shall be provided in the following order:

18 $100,000 to the Civilian Complaint Review Board,

19 $200,000 to the Metropolitan Police Department for the

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

21 Training, and $4,890,000 to the Settlement and Judg22 ments Funds, if the Chief Financial Officer certifies that

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

24 in fiscal year 2000 from the Reserve established by section

25 202(i) of the District of Columbia Financial Responsibility
32

HR 4942 PCS

1 and Management Assistance Act of 1995, Public Law

2 104–8, in fiscal year 2000 and that all the savings are

3 being achieved from the Operational Improvement Sav4 ings; and (4) the balance shall be used for Pay-As-You5 Go Capital Funds in lieu of capital financing if the Chief

6 Financial Officer certifies that the balance is not required

7 to replace funds expended in fiscal year 2000 from the

8 Reserve established by section 202(i) of the District of Co9 lumbia Financial Responsibility and Management Assist10 ance Act of 1995, Public Law 104–8: Provided further,

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

12 Responsibility and Management Assistance Act of 1995,

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

14 47–392.2(j)), is amended as follows:

15 REPAYMENT OF LOANS AND INTEREST

16 For payment of principal, interest and certain fees

17 directly resulting from borrowing by the District of Co18 lumbia to fund District of Columbia capital projects as

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

20 of Columbia Home Rule Act, approved December 24,

21 1973, $243,238,000 from local funds: Provided further,

22 That for equipment leases, the Mayor may finance

23 $19,232,000 of equipment cost, plus cost of issuance not

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

25 a lease purchase basis with a maturity not to exceed 5
33

HR 4942 PCS

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

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

3 Fire and Emergency Medical Services Department,

4 $1,622,000 for the Public Library, $2,010,000 for the De5 partment of Parks and Recreation, $7,500,000 for the De6 partment of Public Works and $1,800,000 for the Public

7 Benefit Corporation.

8 REPAYMENT OF GENERAL FUND RECOVERY DEBT

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

10 general fund accumulated deficit as of September 30,

11 1990, $39,300,000 from local funds, as authorized by sec12 tion 461(a) of the District of Columbia Home Rule Act,

13 (105 Stat. 540; D.C. Code, sec. 47–321(a)(1)).

14 PAYMENT OF INTEREST ON SHORT-TERM BORROWING

15 For payment of interest on short-term borrowing,

16 $1,140,000 from local funds.

17 PRESIDENTIAL INAUGURATION

18 For reimbursement for necessary expenses incurred

19 in connection with Presidential inauguration activities as

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

21 Home Rule Act, Public Law 93–198, as amended, ap22 proved December 24, 1973 (87 Stat. 824, and D.C. Code,

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

24 the Chief Financial Officer within the various appropria25 tion headings in this Act.
34

HR 4942 PCS

1 CERTIFICATES OF PARTICIPATION

2 For lease payments in accordance with the Certifi3 cates of Participation involving the land site underlying

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

5 from local funds.

6 WILSON BUILDING

7 For expenses associated with the John A. Wilson

8 Building, $8,409,000.

9 OPTICAL AND DENTAL INSURANCE PAYMENTS

10 For optical and dental insurance payments,

11 $2,675,000 from local funds.

12 MANAGEMENT SUPERVISORY SERVICE

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

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

15 District of Columbia among the various appropriation

16 headings in this Act for which employees are properly pay17 able.

18 TOBACCO SETTLEMENT TRUST FUND TRANSFER

19 PAYMENT

20 There is transferred $61,406,000 to the Tobacco Set21 tlement Trust Fund established pursuant to section 2302

22 of the Tobacco Settlement Trust Fund Establishment Act

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

24 be codified at D.C. Code, sec. 6–135), to be spent pursu25 ant to local law.
35

HR 4942 PCS

1 OPERATIONAL IMPROVEMENTS SAVINGS (INCLUDING

2 MANAGED COMPETITION)

3 The Mayor and the Council in consultation with the

4 Chief Financial Officer and the District of Columbia Fi5 nancial Responsibility and Management Assistance Au6 thority, shall make reductions of $10,000,000 for oper7 ational improvements savings in local funds to one or more

8 of the appropriation headings in this Act.

9 MANAGEMENT REFORM SAVINGS

10 The Mayor and the Council in consultation with the

11 Chief Financial Officer and the District of Columbia Fi12 nancial Responsibility and Management Assistance Au13 thority, shall make reductions of $37,000,000 for manage14 ment reform savings in local funds to one or more of the

15 appropriation headings in this Act.

16 CAFETERIA PLAN SAVINGS

17 For the implementation of a Cafeteria Plan pursuant

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

19 ENTERPRISE AND OTHER FUNDS

20 WATER AND SEWER AUTHORITY AND THE WASHINGTON

21 AQUEDUCT

22 For operation of the Water and Sewer Authority and

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

24 (including $230,614,000 for the Water and Sewer Author25 ity and $45,091,000 for the Washington Aqueduct) of
36

HR 4942 PCS

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

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

3 interest incurred for capital improvement projects.

4 For construction projects, $140,725,000, as author5 ized by the Act entitled ‘‘An Act authorizing the laying

6 of watermains and service sewers in the District of Colum7 bia, the levying of assessments therefor, and for other pur8 poses’’ (33 Stat. 244; Public Law 58–140; D.C. Code, sec.

9 43–1512 et seq.): Provided, That the requirements and

10 restrictions that are applicable to general fund capital im11 provements projects and set forth in this Act under the

12 Capital Outlay appropriation title shall apply to projects

13 approved under this appropriation title.

14 LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

15 For the Lottery and Charitable Games Enterprise

16 Fund, established by the District of Columbia Appropria17 tion Act for the fiscal year ending September 30, 1982

18 (95 Stat. 1174, 1175; Public Law 97–91), for the purpose

19 of implementing the Law to Legalize Lotteries, Daily

20 Numbers Games, and Bingo and Raffles for Charitable

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

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

23 $223,200,000: Provided, That the District of Columbia

24 shall identify the source of funding for this appropriation

25 title from the District’s own locally generated revenues:
37

HR 4942 PCS

1 Provided further, That no revenues from Federal sources

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

3 Lottery and Charitable Games Control Board.

4 SPORTS AND ENTERTAINMENT COMMISSION

5 For the Sports and Entertainment Commission,

6 $10,968,000 from other funds: Provided, That the Mayor

7 shall submit a budget for the Armory Board for the forth8 coming fiscal year as required by section 442(b) of the

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

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

11 DISTRICT OF COLUMBIA HEALTH AND HOSPITALS

12 PUBLIC BENEFIT CORPORATION

13 For the District of Columbia Health and Hospitals

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

15 212, D.C. Code, sec. 32–262.2, $123,548,000 of which

16 $45,313,000 shall be derived by transfer from the general

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

18 no appropriated amounts and no amounts from or guaran19 teed by the District of Columbia government (including

20 the District of Columbia Financial Responsibility and

21 Management Assistance Authority) may be made available

22 to the Corporation (through reprogramming, transfers,

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

24 provided for under this heading.
38

HR 4942 PCS

1 DISTRICT OF COLUMBIA RETIREMENT BOARD

2 For the District of Columbia Retirement Board, es3 tablished by section 121 of the District of Columbia Re4 tirement Reform Act of 1979 (93 Stat. 866; D.C. Code,

5 sec. 1–711), $11,414,000 from the earnings of the appli6 cable retirement funds to pay legal, management, invest7 ment, and other fees and administrative expenses of the

8 District of Columbia Retirement Board: Provided, That

9 the District of Columbia Retirement Board shall provide

10 to the Congress and to the Council of the District of Co11 lumbia a quarterly report of the allocations of charges by

12 fund and of expenditures of all funds: Provided further,

13 That the District of Columbia Retirement Board shall pro14 vide the Mayor, for transmittal to the Council of the Dis15 trict of Columbia, an itemized accounting of the planned

16 use of appropriated funds in time for each annual budget

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

18 each annual audited financial report.

19 CORRECTIONAL INDUSTRIES FUND

20 For the Correctional Industries Fund, established by

21 the District of Columbia Correctional Industries Estab22 lishment Act (78 Stat. 1000; Public Law 88–622),

23 $1,808,000 from other funds.
39

HR 4942 PCS

1 WASHINGTON CONVENTION CENTER ENTERPRISE FUND

2 For the Washington Convention Center Enterprise

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

4 CAPITAL OUTLAY

5 (INCLUDING RESCISSIONS)

6 For construction projects, an increase of

7 $1,077,282,000 of which $806,787,000 is from local

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

9 $204,049,000 is from Federal funds, and a rescission of

10 $55,208,000 from local funds appropriated under this

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

12 $1,022,074,000 to remain available until expended: Pro13 vided, That funds for use of each capital project imple14 menting agency shall be managed and controlled in ac15 cordance with all procedures and limitations established

16 under the Financial Management System: Provided fur17 ther, That all funds provided by this appropriation title

18 shall be available only for the specific projects and pur19 poses intended: Provided further, That notwithstanding

20 the foregoing, all authorizations for capital outlay

21 projects, except those projects covered by the first sen22 tence of section 23(a) of the Federal Aid Highway Act

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

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

25 appropriation title, shall expire on September 30, 2002,
40

HR 4942 PCS

1 except authorizations for projects as to which funds have

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

3 2002: Provided further, That upon expiration of any such

4 project authorization, the funds provided herein for the

5 project shall lapse.

6 GENERAL PROVISIONS

7 SEC. 101. The expenditure of any appropriation

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

10 to those contracts where such expenditures are a matter

11 of public record and available for public inspection, except

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

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

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

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

19 disbursing official.

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

24 may be expended for said purpose or object rather than

25 an amount set apart exclusively therefor.
41

HR 4942 PCS

1 SEC. 104. Appropriations in this Act shall be avail2 able, when authorized by the Mayor, for allowances for

3 privately owned automobiles and motorcycles used for the

4 performance of official duties at rates established by the

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

6 maximum prevailing rates for such vehicles as prescribed

7 in the Federal Property Management Regulations 101–7

8 (Federal Travel Regulations).

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

11 of organizations concerned with the work of the District

12 of Columbia government, when authorized by the Mayor:

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

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

16 SEC. 106. There are appropriated from the applicable

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

18 necessary for making refunds and for the payment of

19 judgments that have been entered against the District of

20 Columbia government: Provided, That nothing contained

21 in this section shall be construed as modifying or affecting

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

24 (70 Stat. 78; Public Law 84–460; D.C. Code, sec. 47–

25 1812.11(c)(3)).
42

HR 4942 PCS

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

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

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

4 Columbia shall maintain an index of all employment per5 sonal services and consulting contracts in effect on behalf

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

7 specific information on any severance clause in effect

8 under any such contract.

9 (b) PUBLIC INSPECTION.—The index maintained

10 under subsection (a) shall be kept available for public in11 spection during regular business hours.

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

13 not apply with respect to any collective bargaining agree14 ment or any contract entered into pursuant to such a col15 lective bargaining agreement.

16 (d) DISTRICT GOVERNMENT DEFINED.—In this sec17 tion, the term ‘‘District government’’ means the govern18 ment of the District of Columbia, including—

19 (1) any department, agency or instrumentality

20 of the government of the District of Columbia;

21 (2) any independent agency of the District of

22 Columbia established under part F of title IV of the

23 District of Columbia Home Rule Act or any other

24 agency, board, or commission established by the

25 Mayor or the Council;
43

HR 4942 PCS

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

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

3 benefit corporation which has the authority to re4 ceive monies directly or indirectly from the District

5 of Columbia (other than monies received from the

6 sale of goods, the provision of services, or the loan7 ing of funds to the District of Columbia); and

8 (5) the District of Columbia Financial Respon9 sibility and Management Assistance Authority.

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

11 contract subject to subsection (a), nor any severance pay12 ment made under such contract, if a copy of the contract

13 has not been filed in the index. Interested parties may file

14 copies of their contract or severance agreement in the

15 index on their own behalf.

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

17 this Act shall remain available for obligation beyond the

18 current fiscal year unless expressly so provided herein.

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

20 District of Columbia government for the operation of edu21 cational institutions, the compensation of personnel, or for

22 other educational purposes may be used to permit, encour23 age, facilitate, or further partisan political activities.

24 Nothing herein is intended to prohibit the availability of
44

HR 4942 PCS

1 school buildings for the use of any community or partisan

2 political group during non-school hours.

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

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

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

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

7 not available for inspection by the House and Senate Com8 mittees on Appropriations, the Subcommittee on the Dis9 trict of Columbia of the House Committee on Government

10 Reform, the Subcommittee on Oversight of Government

11 Management, Restructuring and the District of Columbia

12 of the Senate Committee on Governmental Affairs, and

13 the Council of the District of Columbia, or their duly au14 thorized representative.

15 SEC. 111. There are appropriated from the applicable

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

17 necessary for making payments authorized by the District

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

19 2–20; D.C. Code, sec. 47–421 et seq.).

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

21 for publicity or propaganda purposes or implementation

22 of any policy including boycott designed to support or de23 feat legislation pending before Congress or any State legis24 lature.
45

HR 4942 PCS

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

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

3 for capital outlay borrowings: Provided, That within a rea4 sonable time after the close of each quarter, the Mayor

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

6 the Congress the actual borrowings and spending progress

7 compared with projections.

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

9 capital projects unless the Mayor has obtained prior ap10 proval from the Council of the District of Columbia, by

11 resolution, identifying the projects and amounts to be fi12 nanced with such borrowings.

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

14 borrowed for capital projects for the operating expenses

15 of the District of Columbia government.

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

17 to the agencies funded by this Act, both Federal and Dis18 trict government agencies, that remain available for obli19 gation or expenditure in fiscal year 2001, or provided from

20 any accounts in the Treasury of the United States derived

21 by the collection of fees available to the agencies funded

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

23 for an agency through a reprogramming of funds which:

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

25 project, or responsibility center; (3) establishes or changes
46

HR 4942 PCS

1 allocations specifically denied, limited or increased by Con2 gress in the Act; (4) increases funds or personnel by any

3 means for any program, project, or responsibility center

4 for which funds have been denied or restricted; (5) rees5 tablishes through reprogramming any program or project

6 previously deferred through reprogramming; (6) augments

7 existing programs, projects, or responsibility centers

8 through a reprogramming of funds in excess of

9 $1,000,000 or 10 percent, whichever is less; or (7) in10 creases by 20 percent or more personnel assigned to a spe11 cific program, project or responsibility center; unless the

12 Appropriations Committees of both the Senate and House

13 of Representatives are notified in writing 30 days in ad14 vance of any reprogramming as set forth in this section.

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

16 Act shall be obligated or expended to provide a personal

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

18 or employee of the District of Columbia government.

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

20 Act shall be obligated or expended to procure passenger

21 automobiles as defined in the Automobile Fuel Efficiency

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

23 U.S.C. 2001(2)), with an Environmental Protection Agen24 cy estimated miles per gallon average of less than 22 miles
47

HR 4942 PCS

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

2 security, emergency rescue, or armored vehicles.

3 SEC. 119. Notwithstanding any other provisions of

4 law, the provisions of the District of Columbia Govern5 ment Comprehensive Merit Personnel Act of 1978 (D.C.

6 Law 2–139; D.C. Code, sec. 1–601.1 et seq.), enacted pur7 suant to section 422(3) of the District of Columbia Home

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

9 sec. 1–242(3)), shall apply with respect to the compensa10 tion of District of Columbia employees: Provided, That for

11 pay purposes, employees of the District of Columbia gov12 ernment shall not be subject to the provisions of title 5,

13 United States Code.

14 SEC. 120. 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

18 2001 revenue estimates as of the end of the first quarter

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

20 budget request for the fiscal year ending September 30,

21 2002. The officially revised estimates at midyear shall be

22 used for the midyear report.

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

24 of Columbia government or any agency thereof may be re25 newed or extended without opening that contract to the
48

HR 4942 PCS

1 competitive bidding process as set forth in section 303 of

2 the District of Columbia Procurement Practices Act of

3 1985 (D.C. Law 6–85; D.C. Code, sec. 1–1183.3), except

4 that the District of Columbia government or any agency

5 thereof may renew or extend sole source contracts for

6 which competition is not feasible or practical: Provided,

7 That the determination as to whether to invoke the com8 petitive bidding process has been made in accordance with

9 duly promulgated rules and procedures and said deter10 mination has been reviewed and approved by the District

11 of Columbia Financial Responsibility and Management

12 Assistance Authority.

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

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

15 Public Law 99–177), the term ‘‘program, project, and ac16 tivity’’ shall be synonymous with and refer specifically to

17 each account appropriating Federal funds in this Act, and

18 any sequestration order shall be applied to each of the ac19 counts rather than to the aggregate total of those ac20 counts: Provided, That sequestration orders shall not be

21 applied to any account that is specifically exempted from

22 sequestration by the Balanced Budget and Emergency

23 Deficit Control Act of 1985.

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

25 pursuant to the Balanced Budget and Emergency Deficit
49

HR 4942 PCS

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

2 after the amounts appropriated to the District of Colum3 bia for the fiscal year involved have been paid to the Dis4 trict of Columbia, the Mayor of the District of Columbia

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

6 after receipt of a request therefor from the Secretary of

7 the Treasury, such amounts as are sequestered by the

8 order: Provided, That the sequestration percentage speci9 fied in the order shall be applied proportionately to each

10 of the Federal appropriation accounts in this Act that are

11 not specifically exempted from sequestration by such Act.

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

13 government may accept and use a gift or donation during

14 fiscal year 2001 if—

15 (1) the Mayor approves the acceptance and use

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

17 of the District of Columbia may accept and use gifts

18 without prior approval by the Mayor; and

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

20 out its authorized functions or duties.

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

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

25 for audit and public inspection.
50

HR 4942 PCS

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

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

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

6 laws and regulations of the District of Columbia, accept

7 and use gifts to the public schools without prior approval

8 by the Mayor.

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

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

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

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

14 Statehood Constitutional Convention Initiatives of 1979

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

16 SEC. 126. (a) The University of the District of Co17 lumbia shall submit to the Mayor, the District of Columbia

18 Financial Responsibility and Management Assistance Au19 thority and the Council of the District of Columbia no

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

21 a report that sets forth—

22 (1) current quarter expenditures and obliga23 tions, year-to-date expenditures and obligations, and

24 total fiscal year expenditure projections versus budg25 et broken out on the basis of control center, respon-
51

HR 4942 PCS

1 sibility center, and object class, and for all funds,

2 non-appropriated funds, and capital financing;

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

4 frozen and the amount of funds frozen, broken out

5 by control center, responsibility center, detailed ob6 ject, and for all funding sources;

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

8 $10,000 annually, which contains the name of each

9 contractor; the budget to which the contract is

10 charged, broken out on the basis of control center

11 and responsibility center, and contract identifying

12 codes used by the University of the District of Co13 lumbia; payments made in the last quarter and year14 to-date, the total amount of the contract and total

15 payments made for the contract and any modifica16 tions, extensions, renewals; and specific modifica17 tions made to each contract in the last month;

18 (4) all reprogramming requests and reports

19 that have been made by the University of the Dis20 trict of Columbia within the last quarter in compli21 ance with applicable law; and

22 (5) changes made in the last quarter to the or23 ganizational structure of the University of the Dis24 trict of Columbia, displaying previous and current

25 control centers and responsibility centers, the names
52

HR 4942 PCS

1 of the organizational entities that have been

2 changed, the name of the staff member supervising

3 each entity affected, and the reasons for the struc4 tural change.

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

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

7 analysis, and recommendations on the information pro8 vided in the quarterly reports.

9 SEC. 127. (a) Nothing in the Federal Grant and Co10 operative Agreements Act of 1977 (31 U.S.C. 6301 et

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

12 the Environmental Protection Agency from negotiating

13 and entering into cooperative agreements and grants au14 thorized by law which affect real property of the Federal

15 Government in the District of Columbia if the principal

16 purpose of the cooperative agreement or grant is to pro17 vide comparable benefits for Federal and non-Federal

18 properties in the District of Columbia.

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

20 year 2001 and each succeeding fiscal year.

21 SEC. 128. (a) CONDITIONS FOR GRANTING PREF22 ERENCE IN USE OF SURPLUS SCHOOL PROPERTIES TO

23 PUBLIC CHARTER SCHOOLS.—

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

25 District of Columbia School Reform Act of 1995
53

HR 4942 PCS

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

2 amended—

3 (A) by striking ‘‘purchase or lease’’ and in4 serting ‘‘purchase, lease-purchase, or lease’’;

5 and

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

7 that follows and inserting a period.

8 (2) PROPERTY SUBJECT TO PREFERENCE.—

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

10 2853.19(b)(1)(B)(iii), D.C. Code) is amended to

11 read as follows:

12 ‘‘(iii) with respect to which the Au13 thority or the Board of Education has

14 transferred jurisdiction to the Mayor at

15 any time prior or subsequent to the date of

16 the enactment of this title.’’.

17 (b) PROCEDURES FOR DISPOSITION OF PROPERTY.—

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

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

20 new subparagraphs:

21 ‘‘(C) DISPOSITION TO PUBLIC CHARTER

22 SCHOOLS.—

23 ‘‘(i) IN GENERAL.—Public charter

24 schools shall have the priority right to

25 lease, lease-purchase, or purchase any va-
54

HR 4942 PCS

1 cant facility or property described in sub2 paragraph (B), and any facility or property

3 described in subparagraph (B) which is

4 leased or occupied as of the date of the en5 actment of this subparagraph by an entity

6 other than a public charter school.

7 ‘‘(ii) APPRAISAL OF PROPERTY.—

8 When a public charter school notifies the

9 Mayor of its intention to exercise its rights

10 under clause (i), the Mayor shall obtain

11 within 90 days an independent fair market

12 appraisal of the facility or property based

13 on its current permitted use, and shall

14 transmit a copy of the appraisal to the

15 public charter school. The public charter

16 school shall have 30 days from the date of

17 receipt of the appraisal to enter into a con18 tract for the purchase, lease-purchase, or

19 lease of such facility or property, which

20 time may be extended by mutual agree21 ment. Upon execution of the contract, the

22 public charter school shall have 180 days

23 to complete the acquisition of the property.

24 ‘‘(iii) PRICES.—
55

HR 4942 PCS

1 ‘‘(I) PURCHASE.—The purchase

2 price of a facility or property de3 scribed in this clause and in subpara4 graph (B) shall be the fair market

5 value of the facility or property, less a

6 25 percent discount.

7 ‘‘(II) LEASE.—The lease price of

8 a facility or property described in this

9 clause and in subparagraph (B) shall

10 be the price charged by the District of

11 Columbia to other nonprofit organiza12 tions leasing public facilities or, if

13 there is no nonprofit rate, fair market

14 value less a 25 percent discount. The

15 price shall be reduced to take into ac16 count the value of any improvement to

17 the public school facility or property

18 which is preapproved by the Mayor.

19 ‘‘(III) LEASE-PURCHASE.—A

20 lease-purchase price of a facility or

21 property described in this clause and

22 in subparagraph (B) shall reflect a 25

23 percent discount from fair market

24 value, in a manner consistent with

25 subclauses (I) and (II).
56

HR 4942 PCS

1 ‘‘(iv) QUARTERLY REPORT.—On Jan2 uary 1, April 1, July 1, and October 1 of

3 each calendar year, the Mayor shall pub4 lish a report describing the status of each

5 facility or property described in subpara6 graph (B), including the date of expiration

7 of the lease term or right of occupancy, if

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

9 property was or will be put out for bid or

10 transferred to a District of Columbia agen11 cy, if any. The Mayor shall deliver such re12 port to each eligible chartering authority

13 and shall publish it in the District of Co14 lumbia register.

15 ‘‘(D) DISPOSITION OF FACILITIES OR

16 PROPERTIES AFTER EXCLUSIVE PERIOD.—

17 ‘‘(i) IN GENERAL.—The Mayor may

18 put out for bid to the public or transfer to

19 a District of Columbia agency for the use

20 of such agency any facility or property de21 scribed in this subparagraph (B) which

22 was not acquired by a public charter school

23 pursuant to subparagraph (C).

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

25 to putting any such facility property out
57

HR 4942 PCS

1 for bid or transferring it to a District of

2 Columbia agency, the Mayor shall notify

3 each eligible chartering authority in writ4 ing of his intention to do so.

5 ‘‘(iii) PUBLIC CHARTER SCHOOL

6 RIGHT TO ACQUIRE BEFORE BID OR

7 TRANSFER.—Prior to the expiration of the

8 90-day notice period described in clause

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

10 lease-purchase, or lease any facility or

11 property described in the notice under the

12 terms described in clause (iii) of subpara13 graph (C).

14 ‘‘(iv) PUBLIC CHARTER SCHOOL

15 RIGHT TO MATCH BID.—With regard to

16 any facility or property offered for bid

17 under this subparagraph, the Mayor shall

18 notify each eligible chartering authority in

19 writing within 5 days of the amount of the

20 highest acceptable bid. A public charter

21 school may purchase, lease-purchase, or

22 lease such facility or property by submit23 ting a bid for the facility or property with24 in 30 business days of receipt by each eli25 gible chartering authority of such notice.
58

HR 4942 PCS

1 The cost of acquisition shall be as de2 scribed in clause (iii) of subparagraph (C).

3 ‘‘(v) FACILITIES OR PROPERTIES NOT

4 PUT OUT FOR BID OR TRANSFERRED.—A

5 public charter school shall have the right

6 to purchase, lease-purchase, or lease, under

7 the terms described in clause (iii) of sub8 paragraph (C), any facility or property de9 scribed in this paragraph that has not been

10 put out for bid or transferred to a District

11 of Columbia agency by the Mayor as pro12 vided for in this subparagraph.’’.

13 (c) PREFERENCES FOR USE OF CURRENT PROP14 ERTY.—Section 2209(b)(2) of such Act (sec. 31–

15 2853.19(b)(2), D.C. Code) is amended—

16 (1) in subparagraph (B)(ii), by striking ‘‘pur17 poses,’’ and inserting ‘‘purposes directly related to

18 its mission,’’; and

19 (2) by adding at the end the following new sub20 paragraph:

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

22 charter school shall have first priority to lease,

23 or otherwise contract for the use of, any prop24 erty described in subparagraph (B), at a rate

25 which does not exceed the rate charged a pri-
59

HR 4942 PCS

1 vate nonprofit entity for the use of a com2 parable property of the District of Columbia

3 public schools and which is reduced to take into

4 account the value of repairs or improvements

5 made to the facility or property by the public

6 charter school.’’.

7 (d) EXERCISE OF PREFERENCES BY OTHER ENTI8 TIES.—Section 2209(b) of such Act (sec. 31–2853.19(b),

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

10 new paragraph:

11 ‘‘(3) EXERCISE OF PREFERENCE BY CERTAIN

12 OTHER ENTITIES.—A public charter school may del13 egate to a nonprofit, tax-exempt organization in the

14 District of Columbia the public charter school’s au15 thority under this subsection.’’.

16 SEC. 129. (a) MODIFICATION OF CONTRACTING RE17 QUIREMENTS.—

18 (1) CONTRACTS SUBJECT TO NOTICE REQUIRE19 MENTS.—Section 2204(c)(1)(A) of the District of

20 Columbia School Reform Act (sec. 31–

21 2853.14(c)(1)(A), D.C. Code) is amended to read as

22 follows:

23 ‘‘(A) NOTICE REQUIREMENT FOR PRO24 CUREMENT CONTRACTS.—
60

HR 4942 PCS

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

2 of an emergency (as determined by the eli3 gible chartering authority of a public char4 ter school), with respect to any procure5 ment contract proposed to be awarded by

6 the public charter school and having a

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

8 school shall publish a notice of a request

9 for proposals in the District of Columbia

10 Register and newspapers of general cir11 culation not less than 7 days prior to the

12 award of the contract.

13 ‘‘(ii) EXCEPTION FOR CERTAIN CON14 TRACTS.—The notice requirement of clause

15 (i) shall not apply with respect to any con16 tract for the lease or purchase of real

17 property by a public charter school, any

18 employment contract for a staff member of

19 a public charter school, or any manage20 ment contract entered into by a public

21 charter school and the management com22 pany designated in its charter or its peti23 tion for a revised charter.’’.

24 (2) SUBMISSION OF CONTRACTS TO ELIGIBLE

25 CHARTERING AUTHORITY.—Section 2204(c)(1)(B) of
61

HR 4942 PCS

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

2 amended—

3 (A) in the heading, by striking ‘‘AUTHOR4 ITY’’ and inserting ‘‘ELIGIBLE CHARTERING AU5 THORITY’’;

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

7 and inserting ‘‘eligible chartering authority’’;

8 and

9 (C) by amending clause (ii) to read as fol10 lows:

11 ‘‘(ii) EFFECTIVE DATE OF CON12 TRACT.—A contract described in subpara13 graph (A) shall become effective on the

14 date that is 10 days after the date the

15 school makes the submission under clause

16 (i) with respect to the contract, or the ef17 fective date specified in the contract,

18 whichever is later.’’.

19 (b) CLARIFICATION OF APPLICATION OF SCHOOL RE20 FORM ACT.—

21 (1) WAIVER OF DUPLICATE AND CONFLICTING

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

23 2853.20, D.C. Code) is amended by adding at the

24 end the following new subsection:
62

HR 4942 PCS

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

2 CONFLICTING PROVISIONS.—Notwithstanding any other

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

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

5 administration, or operation of public charter schools in

6 the District of Columbia shall apply with respect to a pub7 lic charter school or an eligible chartering authority to the

8 extent that the provision duplicates or is inconsistent with

9 any provision of this title.’’.

10 (2) EFFECTIVE DATE.—The amendments made

11 by this subsection shall take effect as if included in

12 the enactment of the District of Columbia School

13 Reform Act of 1995.

14 (c) LICENSING REQUIREMENTS FOR PRESCHOOL OR

15 PREKINDERGARTEN PROGRAMS.—

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

17 (sec. 31–2853.14(c), D.C. Code) is amended by add18 ing at the end the following new paragraph:

19 ‘‘(18) LICENSING AS CHILD DEVELOPMENT

20 CENTER.—A public charter school which offers a

21 preschool or prekindergarten program shall be sub22 ject to the same child care licensing requirements (if

23 any) which apply to a District of Columbia public

24 school which offers such a program.’’.
63

HR 4942 PCS

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

2 2202 of such Act (sec. 31–2853.12, D.C. Code) is

3 amended by striking clause (17).

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

5 2853.13(h)(2), D.C. Code) is amended by striking

6 ‘‘(17),’’.

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

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

9 amended by adding at the end the following new sub10 section:

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

12 school may assign any payments made to the school under

13 this section to a financial institution for use as collateral

14 to secure a loan or for the repayment of a loan.’’.

15 (e) Section 2210 of the District of Columbia School

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

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

18 at the end the following new subsection:

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

20 ‘‘(1) IN GENERAL.—Notwithstanding any provi21 sion of this Act or any other provision of law, a pub22 lic charter school may acquire goods and services

23 through the General Services Administration and

24 may participate in programs of the Administration
64

HR 4942 PCS

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

2 entity of the District of Columbia government.

3 ‘‘(2) PARTICIPATION BY CERTAIN ORGANIZA4 TIONS.—A public charter school may delegate to a

5 nonprofit, tax-exempt organization in the District of

6 Columbia the public charter school’s authority under

7 paragraph (1).’’.

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

9 Act shall be expended for any abortion except where the

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

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

12 an act of rape or incest.

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

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

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

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

17 enforce any system of registration of unmarried, cohab18 iting couples (whether homosexual, heterosexual, or les19 bian), including but not limited to registration for the pur20 pose of extending employment, health, or governmental

21 benefits to such couples on the same basis that such bene22 fits are extended to legally married couples.

23 SEC. 132. The Superintendent of the District of Co24 lumbia Public Schools shall submit to the Congress, the

25 Mayor, the District of Columbia Financial Responsibility
65

HR 4942 PCS

1 and Management Assistance Authority, and the Council

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

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

4 (1) current quarter expenditures and obliga5 tions, year-to-date expenditures and obligations, and

6 total fiscal year expenditure projections versus budg7 et, broken out on the basis of control center, respon8 sibility center, agency reporting code, and object

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

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

11 frozen and the amount of funds frozen, broken out

12 by control center, responsibility center, detailed ob13 ject, and agency reporting code, and for all funding

14 sources;

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

16 $10,000 annually, which contains the name of each

17 contractor; the budget to which the contract is

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

19 responsibility center, and agency reporting code; and

20 contract identifying codes used by the District of Co21 lumbia Public Schools; payments made in the last

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

23 contract and total payments made for the contract

24 and any modifications, extensions, renewals; and
66

HR 4942 PCS

1 specific modifications made to each contract in the

2 last month;

3 (4) all reprogramming requests and reports

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

5 the Board of Education; and

6 (5) changes made in the last quarter to the or7 ganizational structure of the District of Columbia

8 Public Schools, displaying previous and current con9 trol centers and responsibility centers, the names of

10 the organizational entities that have been changed,

11 the name of the staff member supervising each enti12 ty affected, and the reasons for the structural

13 change.

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

15 the District of Columbia Public Schools and the University

16 of the District of Columbia shall annually compile an accu17 rate and verifiable report on the positions and employees

18 in the public school system and the university, respec19 tively. The annual report shall set forth—

20 (1) the number of validated schedule A posi21 tions in the District of Columbia public schools and

22 the University of the District of Columbia for fiscal

23 year 2000, fiscal year 2001, and thereafter on full24 time equivalent basis, including a compilation of all

25 positions by control center, responsibility center,
67

HR 4942 PCS

1 funding source, position type, position title, pay

2 plan, grade, and annual salary; and

3 (2) a compilation of all employees in the Dis4 trict of Columbia public schools and the University

5 of the District of Columbia as of the preceding De6 cember 31, verified as to its accuracy in accordance

7 with the functions that each employee actually per8 forms, by control center, responsibility center, agen9 cy reporting code, program (including funding

10 source), activity, location for accounting purposes,

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

12 position control number.

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

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

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

16 the Consensus Commission, and the Authority, not later

17 than February 15 of each year.

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

19 within 30 calendar days after the date of the enactment

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

21 year, the Superintendent of the District of Columbia Pub22 lic Schools and the University of the District of Columbia

23 shall submit to the appropriate congressional committees,

24 the Mayor, the District of Columbia Council, the Con25 sensus Commission, and the District of Columbia Finan-
68

HR 4942 PCS

1 cial Responsibility and Management Assistance Authority,

2 a revised appropriated funds operating budget for the pub3 lic school system and the University of the District of Co4 lumbia for such fiscal year that is in the total amount

5 of the approved appropriation and that realigns budgeted

6 data for personal services and other-than-personal serv7 ices, respectively, with anticipated actual expenditures.

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

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

10 that the Superintendent of the District of Columbia Public

11 Schools and the University of the District of Columbia

12 submit to the Mayor of the District of Columbia for inclu13 sion in the Mayor’s budget submission to the Council of

14 the District of Columbia pursuant to section 442 of the

15 District of Columbia Home Rule Act (Public Law 93–198;

16 D.C. Code, sec. 47–301).

17 SEC. 135. The District of Columbia Financial Re18 sponsibility and Management Assistance Authority, acting

19 on behalf of the District of Columbia Public Schools

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

21 Trustees of the University of the District of Columbia, the

22 Board of Library Trustees, and the Board of Governors

23 of the University of the District of Columbia School of

24 Law shall vote on and approve the respective annual or

25 revised budgets for such entities before submission to the
69

HR 4942 PCS

1 Mayor of the District of Columbia for inclusion in the

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

3 of Columbia in accordance with section 442 of the District

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

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

6 budgets directly to the Council.

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

8 NOT INCLUDED IN CEILING UNDER ‘‘DIVISION OF EX9 PENSES’’.—

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

11 with the Chief Financial Officer, during a control

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

13 Columbia Financial Responsibility and Management

14 Assistance Act of 1995 (Public Law 104–8; 109

15 Stat. 152), may accept, obligate, and expend Fed16 eral, private, and other grants received by the Dis17 trict government that are not reflected in the

18 amounts appropriated in this Act.

19 (2) REQUIREMENT OF CHIEF FINANCIAL OFFI20 CER REPORT AND AUTHORITY APPROVAL.—No such

21 Federal, private, or other grant may be accepted, ob22 ligated, or expended pursuant to paragraph (1)

23 until—

24 (A) the Chief Financial Officer of the Dis25 trict of Columbia submits to the Authority a re-
70

HR 4942 PCS

1 port setting forth detailed information regard2 ing such grant; and

3 (B) the Authority has reviewed and ap4 proved the acceptance, obligation, and expendi5 ture of such grant in accordance with review

6 and approval procedures consistent with the

7 provisions of the District of Columbia Financial

8 Responsibility and Management Assistance Act

9 of 1995.

10 (3) PROHIBITION ON SPENDING IN ANTICIPA11 TION OF APPROVAL OR RECEIPT.—No amount may

12 be obligated or expended from the general fund or

13 other funds of the District government in anticipa14 tion of the approval or receipt of a grant under

15 paragraph (2)(B) of this subsection or in anticipa16 tion of the approval or receipt of a Federal, private,

17 or other grant not subject to such paragraph.

18 (4) QUARTERLY REPORTS.—The Chief Finan19 cial Officer of the District of Columbia shall prepare

20 a quarterly report setting forth detailed information

21 regarding all Federal, private, and other grants sub22 ject to this subsection. Each such report shall be

23 submitted to the Council of the District of Columbia,

24 and to the Committees on Appropriations of the

25 House of Representatives and the Senate, not later
71

HR 4942 PCS

1 than 15 days after the end of the quarter covered

2 by the report.

3 (b) REPORT ON EXPENDITURES BY FINANCIAL RE4 SPONSIBILITY AND MANAGEMENT ASSISTANCE AUTHOR5 ITY.—Not later than 20 calendar days after the end of

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

7 shall submit a report to the Committees on Appropriations

8 of the House of Representatives and the Senate, the Com9 mittee on Government Reform of the House, and the Com10 mittee on Governmental Affairs of the Senate providing

11 an itemized accounting of all non-appropriated funds obli12 gated or expended by the Authority for the quarter. The

13 report shall include information on the date, amount, pur14 pose, and vendor name, and a description of the services

15 or goods provided with respect to the expenditures of such

16 funds.

17 SEC. 137. If a department or agency of the govern18 ment of the District of Columbia is under the administra19 tion of a court-appointed receiver or other court-appointed

20 official during fiscal year 2001 or any succeeding fiscal

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

22 the Mayor, for inclusion in the annual budget of the Dis23 trict of Columbia for the year, annual estimates of the

24 expenditures and appropriations necessary for the mainte25 nance and operation of the department or agency. All such
72

HR 4942 PCS

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

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

3 District of Columbia Home Rule Act, without revision but

4 subject to the Mayor’s recommendations. Notwithstanding

5 any provision of the District of Columbia Home Rule Act

6 (87 Stat. 774; Public Law 93–198) the Council may com7 ment or make recommendations concerning such annual

8 estimates but shall have no authority under such Act to

9 revise such estimates.

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

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

12 Columbia public schools shall be—

13 (1) classified as an Educational Service em14 ployee;

15 (2) placed under the personnel authority of the

16 Board of Education; and

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

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

19 competitive area from nonschool-based personnel who shall

20 not compete with school-based personnel for retention pur21 poses.

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

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

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

25 other Act may be used to provide any officer or employee
73

HR 4942 PCS

1 of the District of Columbia with an official vehicle unless

2 the officer or employee uses the vehicle only in the per3 formance of the officer’s or employee’s official duties. For

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

5 not include travel between the officer’s or employee’s resi6 dence and workplace (except: (1) in the case of an officer

7 or employee of the Metropolitan Police Department who

8 resides in the District of Columbia or is otherwise des9 ignated by the Chief of the Department; (2) at the discre10 tion of the Fire Chief, an officer or employee of the Dis11 trict of Columbia Fire and Emergency Medical Services

12 Department who resides in the District of Columbia and

13 is on call 24 hours a day; (3) the Mayor of the District

14 of Columbia; and (4) the Chairman of the Council of the

15 District of Columbia).

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

17 Officer of the District of Columbia shall submit, by No18 vember 15, 2000, an inventory, as of September 30, 2000,

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

20 of Columbia government. The inventory shall include, but

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

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

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

24 operating and maintenance costs; current mileage; and

25 whether the vehicle is allowed to be taken home by a Dis-
74

HR 4942 PCS

1 trict officer or employee and if so, the officer or employee’s

2 title and resident location.

3 SEC. 140. (a) SOURCE OF PAYMENT FOR EMPLOY4 EES DETAILED WITHIN GOVERNMENT.—For purposes of

5 determining the amount of funds expended by any entity

6 within the District of Columbia government during fiscal

7 year 2001 and each succeeding fiscal year, any expendi8 tures of the District government attributable to any officer

9 or employee of the District government who provides serv10 ices which are within the authority and jurisdiction of the

11 entity (including any portion of the compensation paid to

12 the officer or employee attributable to the time spent in

13 providing such services) shall be treated as expenditures

14 made from the entity’s budget, without regard to whether

15 the officer or employee is assigned to the entity or other16 wise treated as an officer or employee of the entity.

17 (b) MODIFICATION OF REDUCTION IN FORCE PROCE18 DURES.—The District of Columbia Government Com19 prehensive Merit Personnel Act of 1978 (D.C. Code, sec.

20 1–601.1 et seq.), is further amended in section 2408(a)

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

22 (b), by striking ‘‘2000’’ and inserting ‘‘2001’’; in sub23 section (i), by striking ‘‘2000’’ and inserting, ‘‘2001’’; and

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

25 ‘‘2001’’.
75

HR 4942 PCS

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

2 government (including any independent agency of the Dis3 trict but excluding the District of Columbia Financial Re4 sponsibility and Management Assistance Authority, the

5 Metropolitan Police Department, and the Office of the

6 Chief Technology Officer) may enter into an agreement

7 in excess of $2,500 for the procurement of goods or serv8 ices on behalf of any entity of the District government

9 until the officer or employee has conducted an analysis

10 of how the procurement of the goods and services involved

11 under the applicable regulations and procedures of the

12 District government would differ from the procurement of

13 the goods and services involved under the Federal supply

14 schedule and other applicable regulations and procedures

15 of the General Services Administration, including an anal16 ysis of any differences in the costs to be incurred and the

17 time required to obtain the goods or services.

18 SEC. 141. Notwithstanding any other provision of

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

20 of Columbia Public Schools (DCPS) student is referred

21 for evaluation or assessment—

22 (1) the District of Columbia Board of Edu23 cation or its successor, and DCPS shall assess or

24 evaluate a student who may have a disability and

25 who may require special education services; and
76

HR 4942 PCS

1 (2) if a student is classified as having a dis2 ability, as defined in section 101(a)(1) of the Indi3 viduals with Disabilities Education Act (84 Stat.

4 175; 20 U.S.C. 1401(a)(1)) or in section 7(8) of the

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

6 706(8)), the Board and DCPS shall place that stu7 dent in an appropriate program of special education

8 services.

9 SEC. 142. (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

19 with financial assistance provided using funds made

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

21 that entities receiving the assistance should, in ex22 pending the assistance, purchase only American23 made equipment and products to the greatest extent

24 practicable.
77

HR 4942 PCS

1 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—

2 In providing financial assistance using funds made

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

4 Federal or District of Columbia government shall

5 provide to each recipient of the assistance a notice

6 describing the statement made in paragraph (1) by

7 the Congress.

8 (c) PROHIBITION OF CONTRACTS WITH PERSONS

9 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

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

11 agency that any person intentionally affixed a label bear12 ing a ‘‘Made in America’’ inscription, or any inscription

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

14 to the United States that is not made in the United

15 States, the person shall be ineligible to receive any con16 tract or subcontract made with funds made available in

17 this Act, pursuant to the debarment, suspension, and ineli18 gibility procedures described in sections 9.400 through

19 9.409 of title 48, Code of Federal Regulations.

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

21 may be used for purposes of the annual independent audit

22 of the District of Columbia government (including the Dis23 trict of Columbia Financial Responsibility and Manage24 ment Assistance Authority) for fiscal year 2000 unless—
78

HR 4942 PCS

1 (1) the audit is conducted by the Inspector

2 General of the District of Columbia pursuant to sec3 tion 208(a)(4) of the District of Columbia Procure4 ment Practices Act of 1985 (D.C. Code, sec. 1–

5 1182.8(a)(4)); and

6 (2) the audit includes a comparison of audited

7 actual year-end results with the revenues submitted

8 in the budget document for such year and the appro9 priations enacted into law for such year.

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

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

12 programs or functions for which a reorganization plan is

13 required but has not been approved by the District of Co14 lumbia Financial Responsibility and Management Assist15 ance Authority. Appropriations made by this Act for such

16 programs or functions are conditioned only on the ap17 proval by the Authority of the required reorganization

18 plans.

19 SEC. 145. Notwithstanding any other provision of

20 law, rule, or regulation, the evaluation process and instru21 ments for evaluating District of Columbia Public School

22 employees shall be a non-negotiable item for collective bar23 gaining purposes.

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

25 may be used by the District of Columbia Corporation
79

HR 4942 PCS

1 Counsel or any other officer or entity of the District gov2 ernment to provide assistance for any petition drive or civil

3 action which seeks to require Congress to provide for vot4 ing representation in Congress for the District of Colum5 bia.

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

7 may be used to transfer or confine inmates classified above

8 the medium security level, as defined by the Federal Bu9 reau of Prisons classification instrument, to the Northeast

10 Ohio Correctional Center located in Youngstown, Ohio.

11 SEC. 148. (a) Section 202(j) of the District of Colum12 bia Financial Responsibility and Management Assistance

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

14 by section 148(a) of the District of Columbia Appropria15 tions Act, 2000, is amended to read as follows:

16 ‘‘(j) RESERVE.—

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

18 2000, the financial plan or budget submitted pursu19 ant to this Act shall contain $150,000,000, to re20 main available until expended, for a reserve to be es21 tablished by the Mayor, Council of the District of

22 Columbia, Chief Financial Officer for the District of

23 Columbia, and the District of Columbia Financial

24 Responsibility and Management Assistance Author25 ity.
80

HR 4942 PCS

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

2 funds—

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

4 criteria established by the Chief Financial Offi5 cer and approved by the Mayor, Council of the

6 District of Columbia, and District of Columbia

7 Financial Responsibility and Management As8 sistance Authority;

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

10 of the District of Columbia government under

11 court ordered receivership; and

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

13 the projected reductions budgeted in the budget

14 proposed by the District of Columbia govern15 ment for general supply schedule savings, man16 agement reform savings, and cafeteria plan sav17 ings.

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

19 shall notify the Committees on Appropriations of the

20 Senate and House of Representatives in writing 30

21 days in advance of any expenditure of the reserve

22 funds.

23 ‘‘(4) REPLENISHMENT.—Any amount of the re24 serve funds which is expended in 1 fiscal year shall

25 be replenished in the reserve funds from the fol-
81

HR 4942 PCS

1 lowing fiscal year appropriations to maintain the

2 $150,000,000 balance.’’.

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

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

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

6 as follows:

7 ‘‘(k) POSITIVE FUND BALANCE.—

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

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

10 positive fund balance in the general fund of not less

11 than 4 percent of the projected general fund expend12 itures for the following fiscal year.

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

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

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

16 used for authorized non-recurring expenses; and

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

18 to reduce the debt of the District of Colum19 bia.’’.

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

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

22 Columbia Appropriations Act, 2000.

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

24 (D.C. Code sec. 7–134.2(e)) is amended to read as follows:
82

HR 4942 PCS

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

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

3 Inspector General of the District of Columbia shall audit

4 the financial statements of the District of Columbia High5 way Trust Fund for the preceding fiscal year and shall

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

7 Not later than May 31, 2001, and each May 31, there8 after, the Inspector General shall examine the statements

9 forecasting the conditions and operations of the Trust

10 Fund for the next 5 fiscal years commencing on the pre11 vious October 1 and shall submit to Congress a report on

12 the results of such examination.’’.

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

14 may be used for any program of distributing sterile nee15 dles or syringes for the hypodermic injection of any illegal

16 drug.

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

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

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

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

21 a lease for the use of real property by the District of Co22 lumbia government (including any independent agency of

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

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

25 party to the lease) with the central office of the Deputy
83

HR 4942 PCS

1 Mayor for Economic Development, in an indexed registry

2 available for public inspection.

3 (b) ADDITIONAL RESTRICTIONS ON CURRENT

4 LEASES.—

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

6 60-day period that begins on the date of the enact7 ment of this Act, in the case of a lease described in

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

9 Act may be used to make rental payments under the

10 lease unless the lease is included in periodic reports

11 submitted by the Mayor and Council of the District

12 of Columbia to the Committees on Appropriations of

13 the House of Representatives and Senate describing

14 for each such lease the following information:

15 (A) The location of the property involved,

16 the name of the owners of record according to

17 the land records of the District of Columbia,

18 the name of the lessors according to the lease,

19 the rate of payment under the lease, the period

20 of time covered by the lease, and the conditions

21 under which the lease may be terminated.

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

23 is not occupied by the District of Columbia gov24 ernment as of the end of the reporting period

25 involved.
84

HR 4942 PCS

1 (C) If the property is not occupied and uti2 lized by the District government as of the end

3 of the reporting period involved, a plan for oc4 cupying and utilizing the property (including

5 construction or renovation work) or a status

6 statement regarding any efforts by the District

7 to terminate or renegotiate the lease.

8 (2) TIMING OF REPORTS.—The reports de9 scribed in paragraph (1) shall be submitted for each

10 calendar quarter (beginning with the quarter ending

11 December 31, 2000) not later than 20 days after the

12 end of the quarter involved, plus an initial report

13 submitted not later than 60 days after the date of

14 the enactment of this Act, which shall provide infor15 mation as of the date of the enactment of this Act.

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

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

18 the enactment of this Act for the use of real prop19 erty by the District of Columbia government (includ20 ing any independent agency of the District) which is

21 not being occupied by the District government (in22 cluding any independent agency of the District) as

23 of such date or during the 60-day period which be24 gins on the date of the enactment of this Act.
85

HR 4942 PCS

1 SEC. 152. (a) MANAGEMENT OF EXISTING DISTRICT

2 GOVERNMENT PROPERTY.—Upon the expiration of the

3 60-day period that begins on the date of the enactment

4 of this Act, none of the funds contained in this Act may

5 be used to enter into a lease (or to make rental payments

6 under such a lease) for the use of real property by the

7 District of Columbia government (including any inde8 pendent agency of the District) or to purchase real prop9 erty for the use of District of Columbia government (in10 cluding any independent agency of the District) or to man11 age real property for the use of the District of Columbia

12 (including any independent agency of the District) unless

13 the following conditions are met:

14 (1) The Mayor and Council of the District of

15 Columbia certify to the Committees on Appropria16 tions of the House of Representatives and Senate

17 that existing real property available to the District

18 (whether leased or owned by the District govern19 ment) is not suitable for the purposes intended.

20 (2) Notwithstanding any other provisions of

21 law, there is made available for sale or lease all real

22 property of the District of Columbia that the Mayor

23 from time to time determines is surplus to the needs

24 of the District of Columbia, unless a majority of the

25 members of the Council override the Mayor’s deter-
86

HR 4942 PCS

1 mination during the 30day period which begins on

2 the date the determination is published.

3 (3) The Mayor and Council implement a pro4 gram for the periodic survey of all District property

5 to determine if it is surplus to the needs of the Dis6 trict.

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

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

9 the Committees on Appropriations of the House of

10 Representatives and Senate, the Committee on Gov11 ernment Reform of the House of Representatives,

12 and the Committee on Governmental Affairs of the

13 Senate a report which provides a comprehensive plan

14 for the management of District of Columbia real

15 property assets, and are proceeding with the imple16 mentation of the plan.

17 (b) TERMINATION OF PROVISIONS.—If the District

18 of Columbia enacts legislation to reform the practices and

19 procedures governing the entering into of leases for the

20 use of real property by the District of Columbia govern21 ment and the disposition of surplus real property of the

22 District government, the provisions of subsection (a) shall

23 cease to be effective upon the effective date of the legisla24 tion.
87

HR 4942 PCS

1 SEC. 153. (a) CERTIFICATION.—None of the funds

2 contained in this Act may be used after the expiration of

3 the 30-day period that begins on the date of the enactment

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

5 of any office of the District of Columbia government (in6 cluding the District of Columbia Financial Responsibility

7 and Management Assistance Authority and any inde8 pendent agency of the District) who has not filed a certifi9 cation with the Mayor and the Chief Financial Officer of

10 the District of Columbia that the officer understands the

11 duties and restrictions applicable to the officer as a result

12 of this Act (and the amendments made by this Act), in13 cluding any duty to prepare a report requested either in

14 the Act or in any of the reports accompanying the Act

15 and the deadline by which each report must be submitted,

16 and the District’s Chief Financial Officer shall provide to

17 the Committees on Appropriations of the Senate and the

18 House of Representatives by the 10th day after the end

19 of each quarter a summary list showing each report, the

20 due date and the date submitted to the Committees.

21 (b) PENALTY.—Any chief financial officer who car22 ries out any activity in violation of any provision of this

23 Act or any amendment made by this Act shall be subject

24 to a civil money penalty in accordance with applicable Dis25 trict of Columbia law.
88

HR 4942 PCS

1 SEC. 154. (a) Notwithstanding the provisions of the

2 District of Columbia Government Comprehensive Merit

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

4 601.1 et seq.), or any other District of Columbia law, stat5 ute, regulation, the provisions of the District of Columbia

6 Personnel Manual, or the provisions of any collective bar7 gaining agreement, employees of the District of Columbia

8 government will only receive compensation for overtime

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

10 tour of duty) or work actually performed, in accordance

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

12 U.S.C. 201 et seq.

13 (b) Subsection (a) of this section shall be effective

14 December 27, 1996 in order to ratify and approve the Res15 olution and Order of the District of Columbia Financial

16 Responsibility and Management Assistance Authority,

17 dated December 27, 1996.

18 SEC. 155. The proposed budget of the government

19 of the District of Columbia for fiscal year 2002 that is

20 submitted by the District to Congress shall specify poten21 tial adjustments that might become necessary in the event

22 that the management savings achieved by the District dur23 ing the year do not meet the level of management savings

24 projected by the District under the proposed budget.
89

HR 4942 PCS

1 SEC. 156. In submitting any document showing the

2 budget for an office of the District of Columbia govern3 ment (including an independent Agency of the District)

4 that contains a category of activities labeled as ‘‘other’’,

5 ‘‘miscellaneous’’, or a similar general, nondescriptive term,

6 the document shall include a description of the types of

7 activities covered in the category and a detailed breakdown

8 of the amount allocated for each such activity.

9 SEC. 157. (a) None of the funds contained in this

10 Act may be used to enact or carry out any law, rule, or

11 regulation to legalize or otherwise reduce penalties associ12 ated with the possession, use, or distribution of any sched13 ule I substance under the Controlled Substances Act (21

14 U.S.C. 802) or any tetrahydrocannabinols derivative.

15 (b) The Legalization of Marijuana for Medical Treat16 ment Initiative of 1998, also know as Initiative 59, ap17 proved by the electors of the District of Columbia on No18 vember 3, 1998, shall not take effect.

19 SEC. 158. Notwithstanding any other provision of

20 law, the Mayor of the District of Columbia, in consultation

21 with the committee established under section 603(e)(2)(B)

22 of the Student Loan Marketing Association Reorganiza23 tion Act of 1996 (Public Law 104–208; 110 Stat. 8009–

24 293, as amended by Public Law 106–113; 113 Stat.

25 1526), is hereby authorized to allocate the District’s limi-
90

HR 4942 PCS

1 tation amount of qualified zone academy bonds (estab2 lished pursuant to 26 U.S.C. 1397E) among qualified

3 zone academies within the District.

4 SEC. 159. (a) Section 11232 of the Balanced Budget

5 Act of 1997 (sec. 24–1232, D.C. Code) is amended—

6 (1) by redesignating subsections (f) through (i)

7 as subsections (g) through (j); and

8 (2) by inserting after subsection (e) the fol9 lowing new subsection:

10 ‘‘(f) TREATMENT AS FEDERAL EMPLOYEES.—

11 ‘‘(1) IN GENERAL.—The Trustee and employees

12 of the Trustee who are not covered under subsection

13 (e) shall be treated as employees of the Federal Gov14 ernment solely for purposes of the following provi15 sions of title 5, United States Code:

16 ‘‘(A) Chapter 83 (relating to retirement).

17 ‘‘(B) Chapter 84 (relating to the Federal

18 Employees’ Retirement System).

19 ‘‘(C) Chapter 87 (relating to life insur20 ance).

21 ‘‘(D) Chapter 89 (relating to health insur22 ance).

23 ‘‘(2) EFFECTIVE DATES OF COVERAGE.—The

24 effective dates of coverage of the provisions of para25 graph (1) are as follows:
91

HR 4942 PCS

1 ‘‘(A) In the case of the Trustee and em2 ployees of the Office of the Trustee and the Of3 fice of Adult Probation, August 5, 1997, or the

4 date of appointment, whichever is later.

5 ‘‘(B) In the case of employees of the Office

6 of Parole, October 11, 1998, or the date of ap7 pointment, whichever is later.

8 ‘‘(C) In the case of employees of the Pre9 trial Services Agency, January 3, 1999, or the

10 date of appointment, whichever is later.

11 ‘‘(3) RATE OF CONTRIBUTIONS.—The Trustee

12 shall make contributions under the provisions re13 ferred to in paragraph (1) at the same rates applica14 ble to agencies of the Federal Government.

15 ‘‘(4) REGULATIONS.—The Office of Personnel

16 Management shall issue such regulations as are nec17 essary to carry out this subsection.’’.

18 (b) The amendment made by subsection (a) shall take

19 effect as if included in the enactment of title XI of the

20 Balanced Budget Act of 1997.

21 SEC. 160. It is the sense of the Congress that the

22 patients of Saint Elizabeths Hospital and the taxpayers

23 of the District of Columbia are being poorly served by the

24 current facilities and management of the Hospital.
92

HR 4942 PCS

1 SEC. 161. It is the sense of the Congress that the

2 District of Columbia Financial Responsibility and Man3 agement Assistance Authority should quickly complete the

4 sale of the Franklin School property, a property which has

5 been vacant for over 20 years.

6 SEC. 162. It is the sense of the Congress that the

7 District of Columbia government should take all steps nec8 essary to ensure that officials of the District government

9 (including officials of the District of Columbia Financial

10 Responsibility and Management Assistance Authority,

11 independent agencies, boards, commissions, and corpora12 tions of the government) maintain a fiduciary duty to the

13 taxpayers of the District in the administration of funds

14 under their control.

15 SEC. 163. No amounts may be made available during

16 fiscal year 2001 to the District of Columbia Health and

17 Hospitals Public Benefit Corporation (through reprogram18 ming, transfers, loans, or any other mechanism) other

19 than the amounts which are otherwise provided for the

20 Corporation in this Act under the heading ‘‘DISTRICT OF

21 COLUMBIA HEALTH AND HOSPITALS PUBLIC BENEFIT

22 CORPORATION’’.

23 SEC. 164. (a) For each payment or group of pay24 ments made by or on behalf of the District of Columbia

25 Health and Hospitals Public Benefit Corporation, the
93

HR 4942 PCS

1 Chief Financial Officer of the District of Columbia shall

2 sign an affidavit certifying that the making of the pay3 ment does not constitute a violation of any provision of

4 subchapter III of chapter 13 of title 31, United States

5 Code, or of any provision of this Act.

6 (b) More than one payment may be covered by the

7 same affidavit under subsection (a), but a single affidavit

8 may not cover more than one week’s worth of payments.

9 (c) It shall be unlawful for any person to order any

10 other person to sign any affidavit required under this sec11 tion, or for any person to provide any signature required

12 under this section on such an affidavit by proxy or by ma13 chine, computer, or other facsimile device.

14 SEC. 165. The District of Columbia Health and Hos15 pitals Public Benefit Corporation may not obligate or ex16 pend any amounts during fiscal year 2001 unless (at the

17 time of the obligation or expenditure) the Corporation cer18 tifies that the obligation or expenditure is within the budg19 et authority provided to the Corporation in this Act.

20 SEC. 166. Nothing in this Act bars the District of

21 Columbia Corporation Counsel from reviewing or com22 menting on briefs in private lawsuits, or from consulting

23 with officials of the District government regarding such

24 lawsuits.
94

HR 4942 PCS

1 SEC. 167. Nothing in this section may be construed

2 to prevent the Council or Mayor of the District of Colum3 bia from addressing the issue of the provision of contra4 ceptive coverage by health insurance plans, but it is the

5 intent of Congress that any legislation enacted on such

6 issue should include a ‘‘conscience clause’’ which provides

7 exceptions for religious beliefs and moral convictions.

8 SEC. 168. (a) Chapter 23 of title 11, District of Co9 lumbia, is hereby repealed.

10 (b) The table of chapters for title 11, District of Co11 lumbia, is amended by striking the item relating to chap12 ter 23.

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

14 effect on the date on which legislation enacted by the

15 Council of the District of Columbia to establish the Office

16 of the Chief Medical Examiner in the executive branch of

17 the government of the District of Columbia takes effect.

18 PROMPT PAYMENT OF APPOINTED COUNSEL

19 SEC. 169. (a) ASSESSMENT OF INTEREST FOR DE20 LAYED PAYMENTS.—If the Superior Court of the District

21 of Columbia or the District of Columbia Court of Appeals

22 does not make a payment described in subsection (b) prior

23 to the expiration of the 45-day period which begins on the

24 date the Court receives a completed voucher for a claim

25 for the payment, interest shall be assessed against the

26 amount of the payment which would otherwise be made
95

HR 4942 PCS

1 to take into account the period which begins on the day

2 after the expiration of such 45-day period and which ends

3 on the day the Court makes the payment.

4 (b) PAYMENTS DESCRIBED.—A payment described in

5 this subsection is—

6 (1) a payment authorized under section 11–

7 2604 and section 11–2605, D.C. Code (relating to

8 representation provided under the District of Colum9 bia Criminal Justice Act);

10 (2) a payment for counsel appointed in pro11 ceedings in the Family Division of the Superior

12 Court of the District of Columbia under chapter 23

13 of title 16, D.C. Code; or

14 (3) a payment for counsel authorized under sec15 tion 21–2060, D.C. Code (relating to representation

16 provided under the District of Columbia Guardian17 ship, Protective Proceedings, and Durable Power of

18 Attorney Act of 1986).

19 (c) STANDARDS FOR SUBMISSION OF COMPLETED

20 VOUCHERS.—The chief judges of the Superior Court of

21 the District of Columbia and the District of Columbia

22 Court of Appeals shall establish standards and criteria for

23 determining whether vouchers submitted for claims for

24 payments described in subsection (b) are complete, and
96

HR 4942 PCS

1 shall publish and make such standards and criteria avail2 able to attorneys who practice before such Courts.

3 (d) RULE OF CONSTRUCTION.—Nothing in this sec4 tion shall be construed to require the assessment of inter5 est against any claim (or portion of any claim) which is

6 denied by the Court involved.

7 (e) EFFECTIVE DATE.—This section shall apply with

8 respect to claims received by the Superior Court of the

9 District of Columbia or the District of Columbia Court

10 of Appeals after the expiration of the 90-day period which

11 begins on the date of the enactment of this Act.

12 SEC. 170. (a) No person may distribute any needle

13 or syringe for the hypodermic injection of any illegal drug

14 in any area of the District of Columbia which is within

15 1000 feet of a public or private day care center, elemen16 tary school, vocational school, secondary school, college,

17 junior college, or university, or any public housing project,

18 public swimming pool, park, playground, video arcade, or

19 youth center, or an event sponsored by any such entity.

20 (b) Whoever violates subsection (a) shall be fined not

21 more than $500 for each needle or syringe distributed in

22 violation of such subsection.

23 (c) Notwithstanding any other provision of law, any

24 amount collected by the District of Columbia pursuant to

25 subsection (b) shall be deposited in a separate account of
97

HR 4942 PCS

1 the General Fund of the District of Columbia and used

2 exclusively to carry out (either directly or by contract)

3 drug prevention or treatment programs. For purposes of

4 this subsection, no program of distributing sterile needles

5 or syringes for the hypodermic injection of any illegal drug

6 may be considered a drug prevention or treatment pro7 gram.

8 BANNING POSSESSION OF TOBACCO PRODUCTS BY

9 MINORS

10 SEC. 171. (a) IN GENERAL.—It shall be unlawful for

11 any individual under 18 years of age to possess any ciga12 rette or other tobacco product in the District of Columbia.

13 (b) EXCEPTIONS.—

14 (1) POSSESSION IN COURSE OF EMPLOY15 MENT.—Subsection (a) shall not apply with respect

16 to an individual making a delivery of cigarettes or

17 tobacco products in pursuance of employment.

18 (2) PARTICIPATION IN LAW ENFORCEMENT OP19 ERATION.—Subsection (a) shall not apply with re20 spect to an individual possessing products in the

21 course of a valid, supervised law enforcement oper22 ation.

23 (c) PENALTIES.—Any individual who violates sub24 section (a) shall be subject to the following penalties:
98

HR 4942 PCS

1 (1) For any violation, the individual may be re2 quired to perform community service or attend a to3 bacco cessation program.

4 (2) Upon the first violation, the individual shall

5 be subject to a civil penalty not to exceed $50.

6 (3) Upon the second and each subsequent viola7 tion, the individual shall be subject to a civil penalty

8 not to exceed $100.

9 (4) Upon the third and each subsequent viola10 tion, the individual may have his or her driving

11 privileges in the District of Columbia suspended for

12 a period of 90 consecutive days.

13 (d) EFFECTIVE DATE.—This section shall apply dur14 ing fiscal year 2001 and each succeeding fiscal year.

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

16 Appropriations Act, 2001’’.

Passed the House of Representatives September 14,

2000.

Attest: JEFF TRANDAHL,

Clerk.
Calendar No. 805

106TH CONGRESS

2D SESSION H. R. 4942

AN ACT

Making appropriations for the government of the

District of Columbia and other activities chargeable in whole or in part against the revenues ofsaid District for the fiscal year ending September30, 2001, and for other purposes.

SEPTEMBER 14, 2000

Received; read twice and placed on the calendar