IB

Union Calendar No. 453

106TH CONGRESS

2D SESSION H. R. 4942

[Report No. 106–786]

Making appropriations for the government of the District of Columbia and

other activities chargeable in whole or in part against revenues of said

District for the fiscal year ending September 30, 2001, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 25, 2000

Mr. ISTOOK, from the Committee on Appropriations, reported the following

bill; which was committed to the Committee of the Whole House on the

State of the Union and ordered to be printed

A BILL

Making appropriations for the government of the District

of Columbia and other activities chargeable in whole

or in part against the revenues of said District for the

fiscal year ending September 30, 2001, and for other

purposes.

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

3 That the following sums are appropriated, out of any

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

2 30, 2001, and for other purposes, namely:

3 FEDERAL FUNDS

4 FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

5 For a Federal payment to the District of Columbia

6 for a nationwide program to be administered by the

7 Mayor for District of Columbia resident tuition support,

8 $14,000,000, to remain available until expended: Pro9 vided, That such funds may be used on behalf of eligible

10 District of Columbia residents to pay an amount based

11 upon the difference between in-State and out-of-State tui12 tion at public institutions of higher education, usable at

13 both public and private institutions for higher education:

14 Provided further, That the awarding of such funds may

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

16 and such other factors as may be authorized: Provided

17 further, That not more than 5 percent of the funds may

18 be used to pay administrative expenses.

19 FEDERAL PAYMENT FOR INCENTIVES FOR ADOPTION OF

20 CHILDREN

21 The paragraph under the heading ‘‘Federal Payment

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

23 106–113, approved November 29, 1999 (113 Stat. 1501),

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

25 to the District of Columbia to create incentives to promote
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1 the adoption of children in the District of Columbia foster

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

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

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

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

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

7 FEDERAL PAYMENT TO THE CHIEF FINANCIAL OFFICER

8 OF THE DISTRICT OF COLUMBIA

9 For a Federal payment to the Chief Financial Offi10 cer of the District of Columbia, $1,500,000, of which

11 $250,000 shall be for payment to a mentoring program

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

13 to a youth development program with a character build14 ing curriculum; $500,000 to remain available until ex15 pended, shall be for the design, construction, and mainte16 nance of a trash rack system to be installed at the Hick17 ey Run stormwater outfall; and $250,000 shall be for

18 payment to support a program to assist homeless individ19 uals to become productive, taxpaying citizens in the Dis20 trict of Columbia.

21 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

22 CORRECTIONS TRUSTEE OPERATIONS

23 For salaries and expenses of the District of Colum24 bia Corrections Trustee, $134,300,000 for the adminis25 tration and operation of correctional facilities and for the
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1 administrative operating costs of the Office of the Correc2 tions Trustee, as authorized by section 11202 of the Na3 tional Capital Revitalization and Self-Government Im4 provement Act of 1997 (Public Law 105–33; 111 Stat.

5 712) of which $1,000,000 is to fund an initiative to im6 prove case processing in the District of Columbia crimi7 nal justice system: Provided, That notwithstanding any

8 other provision of law, funds appropriated in this Act for

9 the District of Columbia Corrections Trustee shall be ap10 portioned quarterly by the Office of Management and

11 Budget and obligated and expended in the same manner

12 as funds appropriated for salaries and expenses of other

13 Federal agencies: Provided further, That in addition to

14 the funds provided under this heading, the District of Co15 lumbia Corrections Trustee may use any remaining inter16 est earned on the Federal payment made to the Trustee

17 under the District of Columbia Appropriations Act, 1998,

18 to carry out the activities funded under this heading.

19 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

20 COURTS

21 For salaries and expenses for the District of Colum22 bia Courts, $99,500,000 to be allocated as follows: for

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

24 for the District of Columbia Superior Court,

25 $72,399,000; for the District of Columbia Court System,
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1 $16,892,000; and $2,500,000, to remain available until

2 September 30, 2002, for capital improvements for Dis3 trict of Columbia courthouse facilities: Provided, That

4 none of the funds in this Act or in any other Act shall

5 be available for the purchase, installation or operation of

6 an Integrated Justice Information System until a de7 tailed plan and design has been submitted by the courts

8 and approved by the Committees on Appropriations of

9 the House of Representatives and the Senate: Provided

10 further, That notwithstanding any other provision of law,

11 all amounts under this heading shall be apportioned

12 quarterly by the Office of Management and Budget and

13 obligated and expended in the same manner as funds ap14 propriated for salaries and expenses of other Federal

15 agencies, with payroll and financial services to be pro16 vided on a contractual basis with the General Services

17 Administration (GSA), said services to include the prepa18 ration of monthly financial reports, copies of which shall

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

20 Committees on Appropriations of the Senate and House

21 of Representatives, the Committee on Governmental Af22 fairs of the Senate, and the Committee on Government

23 Reform of the House of Representatives:
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1 DEFENDER SERVICES IN DISTRICT OF COLUMBIA

2 COURTS

3 For payments authorized under section 11–2604

4 and section 11–2605, D.C. Code (relating to representa5 tion provided under the District of Columbia Criminal

6 Justice Act), payments for counsel appointed in pro7 ceedings in the Family Division of the Superior Court of

8 the District of Columbia under chapter 23 of title 16,

9 D.C. Code, and payments for counsel authorized under

10 section 21–2060, D.C. Code (relating to representation

11 provided under the District of Columbia Guardianship,

12 Protective Proceedings, and Durable Power of Attorney

13 Act of 1986), $34,387,000, to remain available until ex14 pended: Provided, That the funds provided in this Act

15 under the heading ‘‘Federal Payment to the District of

16 Columbia Courts’’ (other than the $2,500,000 provided

17 under such heading for capital improvements for District

18 of Columbia courthouse facilities) may also be used for

19 payments under this heading: Provided further, That in

20 addition to the funds provided under this heading, the

21 Joint Committee on Judicial Administration in the Dis22 trict of Columbia shall use funds provided in this Act

23 under the heading ‘‘Federal Payment to the District of

24 Columbia Courts’’ (other than the $2,500,000 provided

25 under such heading for capital improvements for District
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1 of Columbia courthouse facilities), to make payments de2 scribed under this heading for obligations incurred during

3 any fiscal year: Provided further, That such funds shall

4 be administered by the Joint Committee on Judicial Ad5 ministration in the District of Columbia: Provided fur6 ther, That notwithstanding any other provision of law,

7 this appropriation 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 ex10 penses of other Federal agencies, with payroll and finan11 cial services to be provided on a contractual basis with

12 the General Services Administration (GSA), said services

13 to include the preparation of monthly financial reports,

14 copies of which shall be submitted directly by GSA to the

15 President and to the Committees on Appropriations of

16 the Senate and House of Representatives, the Committee

17 on Governmental Affairs of the Senate, and the Com18 mittee on Government Reform of the House of Rep19 resentatives: Provided further, That the District of Co20 lumbia Courts shall implement the recommendations in

21 the General Accounting Office Report GAO/AIMD/OGC–

22 99–226 regarding payments to court-appointed attorneys

23 and shall report to the Office of Management and Budget

24 and to the House and Senate Appropriations Committees

25 quarterly on the status of these reforms.
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1 FEDERAL PAYMENT TO THE COURT SERVICES AND

2 OFFENDER SUPERVISION

3 AGENCY FOR THE DISTRICT OF COLUMBIA

4 (INCLUDING TRANSFER OF FUNDS)

5 For salaries and expenses of the Court Services and

6 Offender Supervision Agency for the District of Colum7 bia, as authorized by the National Capital Revitalization

8 and Self-Government Improvement Act of 1997, (Public

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

10 $69,871,000 shall be for necessary expenses of Commu11 nity Supervision and Sex Offender Registration, to in12 clude expenses relating to supervision of adults subject to

13 protection orders or provision of services for or related to

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

15 Public Defender Service; and $27,103,000 shall be avail16 able to the Pretrial Services Agency: Provided, That of

17 the amount provided under this heading, $22,161,000

18 shall be used to improve pretrial defendant and post-con19 viction offender supervision, enhance drug testing and

20 sanctions-based treatment programs and other treatment

21 services, expand intermediate sanctions and offender re22 entry programs, continue planning and design proposals

23 for a residential Sanctions Center and improve adminis24 trative infrastructure, including information technology;

25 and $836,000 of the $22,161,000 referred to in this pro-
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1 viso is for the Public Defender Service: Provided further,

2 That notwithstanding any other provision of law, all

3 amounts under this heading shall be apportioned quar4 terly by the Office of Management and Budget and obli5 gated and expended in the same manner as funds appro6 priated for salaries and expenses of other Federal agen7 cies: Provided further, That notwithstanding section 446

8 of the District of Columbia Home Rule Act or any provi9 sion of subchapter III of chapter 13 of title 31, United

10 States Code, the use of interest earned on the Federal

11 payment made to the District of Columbia Offender Su12 pervision, Defender, and Court Services Agency under

13 the District of Columbia Appropriations Act, 1998, by

14 the Agency during fiscal years 1998 and 1999 shall not

15 constitute a violation of such Act or such subchapter.

16 FEDERAL PAYMENT FOR WASHINGTON INTERFAITH

17 NETWORK

18 For a Federal payment to the Washington Interfaith

19 Network to reimburse the Network for costs incurred in

20 carrying out preconstruction activities at the former Fort

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

22 That such activities may include architectural and engi23 neering studies, property appraisals, environmental as24 sessments, grading and excavation, landscaping, paving,

25 and the installation of curbs, gutters, sidewalks, sewer
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1 lines, and other utilities: Provided further, That the Sec2 retary of the Treasury shall make such payment only after

3 the Network has received matching funds from private

4 sources (including funds provided through loans) to carry

5 out such activities in an aggregate amount which is equal

6 to the amount of such payment (as certified by the Inspec7 tor General of the District of Columbia) and has provided

8 the Secretary of the Treasury with a request for reim9 bursement which contains documentation certified by the

10 Inspector General of the District of Columbia showing

11 that the Network carried out the activities and that the

12 costs incurred in carrying out the activities were equal to

13 or less than the amount of the reimbursement requested:

14 Provided further, That none of the funds provided under

15 this heading may be obligated or expended after December

16 31, 2001 (without regard to whether the activities involved

17 were carried out prior to such date).

18 TAX REFORM IN THE DISTRICT

19 For a Federal payment to the Mayor of the District

20 of Columbia for a study analyzing the District’s tax struc21 ture, and the anticipated impact upon the District’s econ22 omy and government of recent and potential tax changes,

23 and of tax simplification, $100,000, to remain available

24 until expended. This may include but not be limited to

25 proposals made by the District’s Delegate to the House
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1 of Representatives. Provided, That the Mayor shall enter

2 into a contract for such analysis only with a qualified inde3 pendent auditor who is experienced in analyzing tax

4 sources and who has no other affiliation with the District

5 government.

6 FEDERAL PAYMENT FOR SIMPLIFIED PERSONNEL

7 SYSTEM

8 For a Federal payment to the Mayor of the District

9 of Columbia to study and design a system approved by

10 the Comptroller General for simplifying the administration

11 of personnel policies (including pay policies) with respect

12 to employees of the District government, $250,000: Pro13 vided, That the Mayor shall carry out such study and de14 sign through a contractor approved by the Comptroller

15 General.

16 METRORAIL CONSTRUCTION

17 (INCLUDING TRANSFER OF FUNDS)

18 For a contribution to the Washington Metropolitan

19 Area Transit Authority for construction of a Metrorail sta20 tion located at New York and Florida Avenues, Northeast,

21 $25,000,000, to remain available until expended, of which

22 $7,000,000 is appropriated under this heading and

23 $18,000,000 shall be transferred by the District of Colum24 bia Financial Responsibility and Management Assistance

25 Authority (DCFRMA) from interest earned on accounts
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1 held by DCFRMA on behalf of the District of Columbia

2 government.

3 FEDERAL PAYMENT FOR NATIONAL MUSEUM OF

4 AMERICAN MUSIC

5 For a Federal payment to the Federal City Council

6 for the establishment of a National Museum of American

7 Music, $250,000, to remain available until expended:

8 Provided, That such funds shall be used for the costs of

9 activities necessary to complete the planning phase for

10 such Museum, including the costs of personnel, design

11 projects, environmental assessments, and the preparation

12 of requests for proposals: Provided further, That such

13 funds shall be deposited into a separate account of the

14 Federal City Council used exclusively for the establish15 ment of such Museum: Provided further, That the Sec16 retary of the Treasury shall make such payment only

17 after the Federal City Council has deposited matching

18 donated funds from private sources into the account in

19 an aggregate amount which is equal to 200 percent of

20 the amount appropriated herein (as certified by the In21 spector General of the District of Columbia.)

22 PRESIDENTIAL INAUGURATION

23 For a payment to the District of Columbia to reim24 burse the District for expenses incurred in connection

25 with Presidential inauguration activities, $5,961,000, as
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1 authorized by section 737(b) of the District of Columbia

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

3 824; D.C. Code, sec. 1–1132), which shall be apportioned

4 by the Chief Financial Officer within the various appro5 priation headings in this Act.

6 DISTRICT OF COLUMBIA FUNDS

7 OPERATING EXPENSES

8 DIVISION OF EXPENSES

9 The following amounts are appropriated for the Dis10 trict of Columbia for the current fiscal year out of the

11 general fund of the District of Columbia, except as other12 wise specifically provided: Provided, That notwithstanding

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

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

15 operating expenses for the District of Columbia for fiscal

16 year 2001 under this heading shall not exceed the lesser

17 of the sum of the total revenues of the District of Colum18 bia for such fiscal year or $5,689,276,000 (of which

19 $192,804,000 shall be from intra-District funds and

20 $3,245,623,000 shall be from local funds): Provided fur21 ther, That the Chief Financial Officer of the District of

22 Columbia and the District of Columbia Financial Respon23 sibility and Management Assistance Authority shall take

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

25 Columbia meets these requirements, including the appor-
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1 tioning by the Chief Financial Officer of the appropria2 tions and funds made available to the District during fis3 cal year 2001, except that the Chief Financial Officer

4 may not reprogram for operating expenses any funds de5 rived from bonds, notes, or other obligations issued for

6 capital projects.

7 DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY

8 AND MANAGEMENT ASSISTANCE AUTHORITY

9 For the District of Columbia Financial Responsi10 bility and Management Assistance Authority, established

11 by section 101(a) of the District of Columbia Financial

12 Responsibility and Management Assistance Act of 1995

13 (109 Stat. 97; Public Law 104–8), $3,140,000 from local

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

15 Act may be used to pay any compensation of the Execu16 tive Director or General Counsel of the Authority at a

17 rate in excess of the maximum rate of compensation

18 which may be paid to such individual during fiscal year

19 2001 under section 102 of such Act, as determined by

20 the Comptroller General (as described in GAO letter re21 port B–279095.2).

22 GOVERNMENTAL DIRECTION AND SUPPORT

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

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

25 from Federal funds, and $13,175,000 from other funds):
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1 Provided, That not to exceed $2,500 for the Mayor,

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

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

4 be available from this appropriation for official purposes:

5 Provided further, That any program fees collected from

6 the issuance of debt shall be available for the payment of

7 expenses of the debt management program of the District

8 of Columbia: Provided further, That no revenues from

9 Federal sources shall be used to support the operations

10 or activities of the Statehood Commission and Statehood

11 Compact Commission: Provided further, That the District

12 of Columbia shall identify the sources of funding for Ad13 mission to Statehood from its own locally-generated reve14 nues: Provided further, That all employees permanently

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

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

17 further, That notwithstanding any other provision of law,

18 or Mayor’s Order 86–45, issued March 18, 1986, the Of19 fice of the Chief Technology Officer’s delegated small

20 purchase authority shall be $500,000: Provided further,

21 That the District of Columbia government may not re22 quire the Office of the Chief Technology Officer to sub23 mit to any other procurement review process, or to obtain

24 the approval of or be restricted in any manner by any of25 ficial or employee of the District of Columbia govern-
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1 ment, for purchases that do not exceed $500,000: Pro2 vided further, That $303,000 and no fewer than 5 FTEs

3 shall be available exclusively to support the Labor-Man4 agement Partnership Council: Provided further, That no

5 funds except those already encumbered shall be available

6 for the Maximus, Inc., revenue recovery services contract

7 (Contract GF 98104) until such time as the contract is

8 renegotiated to require Maximus, Inc., to recover max9 imum revenue first for Medicaid reimbursable special

10 education transportation costs, second for Medicaid reim11 bursable special education residential placement costs,

12 and third for the Medicaid reimbursable costs of Mental

13 Retardation and Developmental Disabilities Administra14 tion clients.

15 ECONOMIC DEVELOPMENT AND REGULATION

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

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

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

19 of which $15,000,000 collected by the District of Colum20 bia in the form of BID tax revenue shall be paid to the

21 respective BIDs pursuant to the Business Improvement

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

23 1–2271 et seq.), and the Business Improvement Districts

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

25 That such funds are available for acquiring services pro-
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1 vided by the General Services Administration: Provided

2 further, That Business Improvement Districts shall be ex3 empt from taxes levied by the District of Columbia.

4 PUBLIC SAFETY AND JUSTICE

5 Public safety and justice, including purchase or lease

6 of 135 passenger carrying vehicles for replacement only,

7 including 130 for police-type use and five for fire-type

8 use, without regard to the general purchase price limita9 tion for the current fiscal year, and such sums as may

10 be necessary for making refunds and for the payment of

11 judgments that have been entered against the District of

12 Columbia government $762,346,000 (including

13 $591,365,000 from local funds, $24,950,000 from Fed14 eral funds, and $146,031,000 from other funds): Pro15 vided further, That the Metropolitan Police Department

16 is authorized to replace not to exceed 25 passenger car17 rying vehicles and the Department of Fire and Emer18 gency Medical Services of the District of Columbia is au19 thorized to replace not to exceed five passenger carrying

20 vehicles annually whenever the cost of repair to any dam21 aged vehicle exceeds three fourths of the cost of the re22 placement: Provided further, That not to exceed $500,000

23 shall be available from this appropriation for the Chief of

24 Police for the prevention and detection of crime: Provided

25 further, That notwithstanding any other provision of law,
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1 or Mayor’s Order 86–45, issued March 18, 1986, the

2 Metropolitan Police Department’s delegated small pur3 chase authority shall be $500,000: Provided further, That

4 the District of Columbia government may not require the

5 Metropolitan Police Department to submit to any other

6 procurement review process, or to obtain the approval of

7 or be restricted in any manner by any official or em8 ployee of the District of Columbia government, for pur9 chases that do not exceed $500,000: Provided further,

10 That the Mayor shall reimburse the District of Columbia

11 National Guard for expenses incurred in connection with

12 services that are performed in emergencies by the Na13 tional Guard in a militia status and are requested by the

14 Mayor, in amounts that shall be jointly determined and

15 certified as due and payable for these services by the

16 Mayor and the Commanding General of the District of

17 Columbia National Guard: Provided further, That such

18 sums as may be necessary for reimbursement to the Dis19 trict of Columbia National Guard under the preceding

20 proviso shall be available from this appropriation, and the

21 availability of the sums shall be deemed as constituting

22 payment in advance for emergency services involved: Pro23 vided further, That the Metropolitan Police Department

24 is authorized to maintain 3,800 sworn officers, with leave

25 for a 50 officer attrition: Provided further, That
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1 $100,000 shall be available for inmates released on med2 ical and geriatric parole: Provided further, That com3 mencing on December 31, 2000, the Metropolitan Police

4 Department shall provide to the Committees on Appro5 priations of the Senate and House of Representatives, the

6 Committee on Governmental Affairs of the Senate, and

7 the Committee on Government Reform of the House of

8 Representatives, quarterly reports on the status of crime

9 reduction in each of the 83 police service areas estab10 lished throughout the District of Columbia.

11 PUBLIC EDUCATION SYSTEM

12 Public education system, including the development

13 of national defense education programs, $995,418,000

14 (including $821,367,000 from local funds, $147,643,000

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

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

17 $628,809,000 from local funds, $133,490,000 from Fed18 eral funds, and $7,144,000 from other funds), for the

19 public schools of the District of Columbia; $200,000 from

20 local funds for the District of Columbia Teachers’ Retire21 ment Fund; $1,679,000 from local funds for the State

22 Education Office, $14,000,000 from local funds, pre23 viously appropriated in this Act as a Federal payment,

24 for resident tuition support at public and private institu25 tions of higher learning for eligible District of Columbia
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1 residents; $105,000,000 from local funds for public char2 ter schools: Provided, That there shall be quarterly dis3 bursement of funds to the D.C. public charter schools,

4 with the first payment to occur within 15 days of the be5 ginning of each fiscal year: Provided further, That the

6 D.C. public charter schools will report enrollment on a

7 quarterly basis: Provided further, That the quarterly pay8 ment of October 15, 2000, shall be fifty (50) percent of

9 each public charter school’s annual entitlement based on

10 its unaudited October 5 enrollment count: Provided fur11 ther, That if the entirety of this allocation has not been

12 provided as payments to any public charter schools cur13 rently in operation through the per pupil funding for14 mula, the funds shall be available for public education in

15 accordance with the School Reform Act of 1995 (D.C.

16 Code, sec. 31–2853.43(A)(2)(D); Public Law 104–134,

17 as amended): Provided further, That the Mayor of the

18 District of Columbia shall convene a task force to rec19 ommend changes, which shall be released by December

20 31, 2000, to the School Reform Act of 1995, for the pur21 pose of instituting a funding mechanism which will ac22 count for the projected growth of charter schools: Pro23 vided further, That $480,000 of this amount shall be

24 available to the District of Columbia Public Charter

25 School Board for administrative costs: Provided further,
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1 That $76,433,000 (including $44,691,000 from local

2 funds, $13,199,000 from Federal funds, and

3 $18,543,000 from other funds) shall be available for the

4 University of the District of Columbia: Provided further,

5 That $200,000 is allocated for the East of the River

6 Campus Assessment Study, $1,000,000 for the Excel In7 stitute Adult Education Program to be used by the Insti8 tute for construction and to acquire construction services

9 provided by the General Services Administration on a re10 imbursable basis, $500,000 for the Adult Education

11 State Plan, $650,000 for The Saturday Academy Pre12 College Program, and $481,000 for the Strengthening of

13 Academic Programs; and $26,459,000 (including

14 $25,208,000 from local funds, $550,000 from Federal

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

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

17 be allocated such that; $500,000 is used for facilities im18 provements for 8 of the 26 library branches, $235,000

19 for 13 FTEs for the continuation of the Homework Help20 ers Program, $166,000 for 3 FTEs in the expansion of

21 the Reach Out And Roar (ROAR) service to license day

22 care homes, and $119,000 for 3 FTEs to expand literacy

23 support into branch libraries: Provided further, That

24 $2,204,000 (including $1,780,000 from local funds,

25 $404,000 from Federal funds and $20,000 from other
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1 funds) shall be available for the Commission on the Arts

2 and Humanities: Provided further, That the public

3 schools of the District of Columbia are authorized to ac4 cept not to exceed 31 motor vehicles for exclusive use in

5 the driver education program: Provided further, That not

6 to exceed $2,500 for the Superintendent of Schools,

7 $2,500 for the President of the University of the District

8 of Columbia, and $2,000 for the Public Librarian shall

9 be available from this appropriation for official purposes:

10 Provided further, That none of the funds contained in

11 this Act may be made available to pay the salaries of any

12 District of Columbia Public School teacher, principal, ad13 ministrator, official, or employee who knowingly provides

14 false enrollment or attendance information under article

15 II, section 5 of the Act entitled ‘‘An Act to provide for

16 compulsory school attendance, for the taking of a school

17 census in the District of Columbia, and for other pur18 poses’’, approved February 4, 1925 (D.C. Code, sec. 31–

19 401 et seq.): Provided further, That this appropriation

20 shall not be available to subsidize the education of any

21 nonresident of the District of Columbia at any District

22 of Columbia public elementary and secondary school dur23 ing fiscal year 2001 unless the nonresident pays tuition

24 to the District of Columbia at a rate that covers 100 per25 cent of the costs incurred by the District of Columbia
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1 which are attributable to the education of the nonresident

2 (as established by the Superintendent of the District of

3 Columbia Public Schools): Provided further, That this ap4 propriation shall not be available to subsidize the edu5 cation of nonresidents of the District of Columbia at the

6 University of the District of Columbia, unless the Board

7 of Trustees of the University of the District of Columbia

8 adopts, for the fiscal year ending September 30, 2001, a

9 tuition rate schedule that will establish the tuition rate

10 for nonresident students at a level no lower than the non11 resident tuition rate charged at comparable public insti12 tutions of higher education in the metropolitan area: Pro13 vided further, That $2,200,000 is allocated to the Tem14 porary Weighted Student Formula to fund 344 additional

15 slots for pre-K students: Provided further, That $50,000

16 is allocated to fund a conference on learning support for

17 children ages 3–4 in September 2000 hosted jointly by

18 the District of Columbia Public Schools and District of

19 Columbia public charter schools: Provided further, That

20 no local funds in this Act shall be used to administer a

21 system wide standardized test more than once in FY

22 2001: Provided further, That no less than $389,219,000

23 shall be expended on local schools through the Weighted

24 Student Formula: Provided further, That the District of

25 Columbia Public Schools may spend $500,000 to engage
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1 in a Schools Without Violence program based on a model

2 developed by the University of North Carolina, located in

3 Greensboro, North Carolina: Provided further, That sec4 tion 441 of the District of Columbia Home Rule Act, ap5 proved December 24, 1973 (87 Stat. 798; D.C. Code,

6 sec. 47–101), is amended as follows:

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

8 follows:

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

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

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

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

13 fiscal year for the District of Columbia Public

14 Schools and the District of Columbia Public Charter

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

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

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

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

19 Schools shall take appropriate action to ensure that

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

21 HUMAN SUPPORT SERVICES

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

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

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

2 of Columbia employees’ disability compensation: Provided

3 further, That the District of Columbia shall not provide

4 free government services such as water, sewer, solid

5 waste disposal or collection, utilities, maintenance, re6 pairs, or similar services to any legally constituted private

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

8 the Stewart B. McKinney Homeless Assistance Act (101

9 Stat. 485; Public Law 100–77; 42 U.S.C. 11371), pro10 viding emergency shelter services in the District, if the

11 District would not be qualified to receive reimbursement

12 pursuant to such Act (101 Stat. 485; Public Law 100–

13 77; 42 U.S.C. 11301 et seq.): Provided further, That

14 $1,250,000 shall be paid to the Doe Fund for the oper15 ation of its Ready, Willing, and Able Program in the Dis16 trict of Columbia as follows: $250,000 to cover debt owed

17 by the District of Columbia government for services ren18 dered shall be paid to the Doe Fund within 15 days of

19 the enactment of this Act; and $1,000,000 shall be paid

20 in equal monthly installments by the 15th day of each

21 month: Provided further, That $400,000 shall be available

22 for the administrative costs associated with implementa23 tion of the Drug Treatment Choice Program established

24 pursuant to section 4 of the Choice in Drug Treatment

25 Act of 2000, signed by the Mayor on April 20, 2000
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1 (D.C. Act 13–329): Provided further, That $7,000,000

2 shall be available for deposit in the Addiction Recovery

3 Fund established pursuant to section 5 of the Choice in

4 Drug Treatment Act of 2000, signed by the Mayor on

5 April 20, 2000 (D.C. Act 13–329).

6 PUBLIC WORKS

7 Public works, including rental of one passenger car8 rying vehicle for use by the Mayor and three passenger

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

10 Columbia and leasing of passenger-carrying vehicles,

11 $278,242,000 (including $265,078,000 from local funds,

12 $3,328,000 from Federal funds, and $9,836,000 from

13 other funds): Provided further, That this appropriation

14 shall not be available for collecting ashes or miscellaneous

15 refuse from hotels and places of business: Provided fur16 ther, That $100,000 shall be available for a commercial

17 sector recycling initiative: Provided further, That

18 $250,000 shall be available to initiate a recycling edu19 cation campaign: Provided further, That $10,000 shall be

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

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

22 vacancy rate in Parking Services: Provided further, That

23 $170,000 shall be available to plant 500 trees: Provided

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

25 trucks: Provided further, That $150,000 shall be available
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1 for contract monitors and parking analysts within Park2 ing Services: Provided further, That $1,409,000 shall be

3 available for a neighborhood cleanup initiative: Provided

4 further, That $1,000,000 shall be available for tree main5 tenance: Provided further, That $600,000 shall be avail6 able for an anti-graffiti program: Provided further, That

7 $226,000 shall be available for a hazardous waste pro8 gram: Provided further, That $1,260,000 shall be avail9 able for parking control aides: Provided further, That

10 $400,000 shall be available for the Department of Motor

11 Vehicles to hire additional ticket adjudicators, conduct

12 additional hearings, and reduce the waiting time for

13 hearings.

14 RECEIVERSHIP PROGRAMS

15 For all agencies of the District of Columbia govern16 ment under court ordered receivership, $389,528,000 (in17 cluding $234,913,000 from local funds, $135,555,000

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

19 RESERVE

20 For replacement of funds expended, if any, during

21 fiscal year 2000 from the Reserve established by section

22 202(i) of the District of Columbia Financial Responsi23 bility and Management Assistance Act of 1995, Public

24 Law 104–8, $150,000,000: Provided, That none of these

25 funds shall be obligated or expended under this heading
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1 until (1) the reductions from ‘‘Operational Improvement

2 Savings’’, ‘‘Management Reform Savings’’, and ‘‘Cafe3 teria Plan’’ have been achieved and the achievement cer4 tified by the District of Columbia Inspector General; (2)

5 the Chief Financial Officer certifies that the reserve as6 sets are not required to replace funds expended in fiscal

7 year 2000 from the Reserve established by section 202(i)

8 of the District of Columbia Financial Responsibility and

9 Management Assistance Act of 1995, Public Law 104–8;

10 and (3) the District of Columbia government enters into

11 leases provided for under the heading ‘‘Federal Payment

12 for Waterfront Improvements’’ in Public Law 105–277,

13 approved October 21, 1998 (112 Stat. 2681–124), as

14 amended by section 164 of Public Law 106–113, ap15 proved November 29, 1999 (113 Stat. 1529): Provided

16 further, That the unexpended portion of the fiscal year

17 2000 reserve that is carried over into fiscal year 2001

18 will free up local funds in the fiscal year 2001 Reserve

19 that can be used to fund selected programs upon certifi20 cation by the Chief Financial Officer of the District of

21 Columbia that: (1) the Mayor will achieve operational im22 provement savings and management reform productivity

23 savings in the fiscal year 2001 Budget and Financial

24 Plan, (2) the collection of additional revenues within the

25 fiscal year 2001 Budget and Financial Plan will be
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1 achieved; and (3) agency expenditures are monitored and

2 fiscal challenges are addressed to the satisfaction of the

3 Chief Financial Office during fiscal year 2001. The pro4 grams that will be funded following certification by the

5 Chief Financial Officer are as follows: GOVERNMENTAL

6 DIRECTION AND SUPPORT, $4,163,000 (including

7 $621,000 for the Office of the Mayor; $1,042,000 for

8 Human Resource Development; $2,500,000 for the Office

9 of Property Management): ECONOMIC DEVELOPMENT

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

11 the Department of Housing and Community Develop12 ment; $200,000 for the Department of Employment

13 Services): PUBLIC SAFETY AND JUSTICE, $6,483,000 (in14 cluding $200,000 for the Metropolitan Police Depart15 ment, $1,293,000 for the Fire and Emergency Medical

16 Services Department, $4,890,000 for Settlements and

17 Judgments, $100,000 for the Citizen Complaint Review

18 Board): PUBLIC EDUCATION SYSTEM, $15,099,000 (in19 cluding $12,079,000 for Public Schools, $2,500,000 for

20 the University of the District of Columbia, $400,000 for

21 the Public Library, $120,000 for the Commission on the

22 Arts and Humanities): HUMAN SUPPORT SERVICES,

23 $17,830,000 (including $4,245,000 for the Department

24 of Health, $1,511,000 for the Department of Recreation

25 and Parks, $574,000 for the Office on Aging, $1,500,000
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1 for the Office on Latino Affairs, $10,000,000 for Chil2 dren and Youth Investment Fund): PUBLIC WORKS,

3 $4,050,000 (including $1,500,000 for the Department of

4 Public Works, $1,000,000 for the Department of Motor

5 Vehicles, $1,550,000 for the Taxicab Commission): RE6 CEIVERSHIP PROGRAMS, $19,300,000 (including

7 $6,300,000 for Child and Family Services, $13,000,000

8 for the Commission on Mental Health Services): and

9 CAFETERIA PLAN SAVINGS, $5,000,000: Provided fur10 ther, That the freed-up appropriated funds in fiscal year

11 2001 from the reserve rollover shall be used to provide

12 funding in the following order: (1) the first $32,000,000

13 shall be used to provide in the following order,

14 $6,300,000 to the LaShawn Receivership, $13,000,000 to

15 the Commission on Mental Health, $12,079,000 to the

16 District of Columbia Public Schools, and $621,000 to the

17 Office of the Mayor, if the Chief Financial Officer cer18 tifies that the first $32,000,000 is not required to replace

19 funds expended in fiscal year 2000 from the Reserve es20 tablished by section 202(i) of the District of Columbia

21 Financial Responsibility and Management Assistance Act

22 of 1995, Public Law 104–8; (2) the next $37,189,000

23 shall be used to provide $37,189,000 to Management

24 Savings to the extent, if any, the Chief Financial Officer

25 determines the Management Savings is not achieving the
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1 required savings, and the balance, if any, shall be pro2 vided in the following order: $10,000,000 to the Children

3 Investment Trust, $1,511,000 to the Department of

4 Parks and Recreation, $1,293,000 to the Department of

5 Fire and Emergency Medical Services, $120,000 to the

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

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

8 Office on Aging, $3,296,000 to the Department of Hous9 ing and Community Development, $200,000 to the De10 partment of Employment Services, $2,500,000 to the

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

12 Department of Public Works, $1,000,000 to the Depart13 ment of Motor Vehicles, $4,245,000 to the Department

14 of Health, $1,500,000 to the Commission on Latino Af15 fairs, $1,550,000 to the Taxicab Commission, $2,500,000

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

17 for the savings associated with the implementation of the

18 Cafeteria Plan, if the Chief Financial Officer certifies

19 that the $37,189,000 is not required to replace funds ex20 pended in fiscal year 2000 from the Reserve established

21 by section 202(i) of the District of Columbia Financial

22 Responsibility and Management Assistance Act of 1995,

23 Public Law 104–8, in fiscal year 2000, and that all the

24 savings are being achieved from the Management Sav25 ings; (3) the next $10,000,000 shall be used to provide
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1 $6,232,000 to Operational Improvement to the extent, if

2 any, the Chief Financial Officer determines the Oper3 ational Improvement is not achieving the required sav4 ings, and the balance, if any, shall be provided in the fol5 lowing order: $100,000 to the Civilian Complaint Review

6 Board, $200,000 to the Metropolitan Police Department

7 for the Emergency Response Team, $1,042,000 to be

8 used for Training, and $4,890,000 to the Settlement and

9 Judgments Funds, if the Chief Financial Officer certifies

10 that the $6,232,000 is not required to replace funds ex11 pended in fiscal year 2000 from the Reserve established

12 by section 202(i) of the District of Columbia Financial

13 Responsibility and Management Assistance Act of 1995,

14 Public Law 104–8, in fiscal year 2000 and that all the

15 savings are being achieved from the Operational Improve16 ment Savings; and (4) the balance shall be used for Pay17 As-You-Go Capital Funds in lieu of capital financing if

18 the Chief Financial Officer certifies that the balance is

19 not required to replace funds expended in fiscal year

20 2000 from the Reserve established by section 202(i) of

21 the District of Columbia Financial Responsibility and

22 Management Assistance Act of 1995, Public Law 104–8:

23 Provided further, That section 202(j) of the District of

24 Columbia Financial Responsibility and Management As-
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1 sistance Act of 1995, approved April 17, 1995 (109 Stat.

2 109; D.C. Code, sec. 47–392.2(j)), is amended as follows:

3 REPAYMENT OF LOANS AND INTEREST

4 For payment of principal, interest and certain fees

5 directly resulting from borrowing by the District of Co6 lumbia to fund District of Columbia capital projects as

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

8 of Columbia Home Rule Act, approved December 24,

9 1973, $243,238,000 from local funds: Provided further,

10 That for equipment leases, the Mayor may finance

11 $19,232,000 of equipment cost, plus cost of issuance not

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

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

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

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

16 Fire and Emergency Medical Services Department,

17 $1,622,000 for the Public Library, $2,010,000 for the

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

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

20 Public Benefit Corporation.

21 REPAYMENT OF GENERAL FUND RECOVERY DEBT

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

23 general fund accumulated deficit as of September 30,

24 1990, $39,300,000 from local funds, as authorized by
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1 section 461(a) of the District of Columbia Home Rule

2 Act, (105 Stat. 540; D.C. Code, sec. 47-321(a)(1)).

3 PAYMENT OF INTEREST ON SHORT-TERM BORROWING

4 For payment of interest on short-term borrowing,

5 $1,140,000 from local funds.

6 PRESIDENTIAL INAUGURATION

7 For reimbursement for necessary expenses incurred

8 in connection with Presidential inauguration activities as

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

10 Home Rule Act, Public Law 93–198, as amended, ap11 proved December 24, 1973 (87 Stat. 824, and D.C.

12 Code, sec. 1–1803), $5,961,000, which shall be appor13 tioned by the Chief Financial Officer within the various

14 appropriation headings in this Act.

15 CERTIFICATES OF PARTICIPATION

16 For lease payments in accordance with the Certifi17 cates of Participation involving the land site underlying

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

19 from local funds.

20 WILSON BUILDING

21 For expenses associated with the John A. Wilson

22 Building, $8,409,000.

23 OPTICAL AND DENTAL INSURANCE PAYMENTS

24 For optical and dental insurance payments,

25 $2,675,000 from local funds.
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1 MANAGEMENT SUPERVISORY SERVICE

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

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

4 District of Columbia among the various appropriation

5 headings in this Act for which employees are properly

6 payable.

7 TOBACCO SETTLEMENT TRUST FUND TRANSFER

8 PAYMENT

9 There is transferred $61,406,000 to the Tobacco

10 Settlement Trust Fund established pursuant to section

11 2302 of the Tobacco Settlement Trust Fund Establish12 ment Act of 1999, effective October 20, 1999 (D.C. Law

13 13–38; to be codified at D.C. Code, sec. 6–135), to be

14 spent pursuant to local law.

15 OPERATIONAL IMPROVEMENTS SAVINGS (INCLUDING

16 MANAGED COMPETITION)

17 The Mayor and the Council in consultation with the

18 Chief Financial Officer and the District of Columbia Fi19 nancial Responsibility and Management Assistance Au20 thority, shall make reductions of $10,000,000 for oper21 ational improvements savings in local funds to one or

22 more of the appropriation headings in this Act.

23 MANAGEMENT REFORM SAVINGS

24 The Mayor and the Council in consultation with the

25 Chief Financial Officer and the District of Columbia Fi-
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1 nancial Responsibility and Management Assistance Au2 thority, shall make reductions of $37,000,000 for man3 agement reform savings in local funds to one or more of

4 the appropriation headings in this Act.

5 CAFETERIA PLAN SAVINGS

6 For the implementation of a Cafeteria Plan pursu7 ant to Federal law, a reduction of $5,000,000 in local

8 funds.

9 ENTERPRISE AND OTHER FUNDS

10 WATER AND SEWER AUTHORITY AND THE WASHINGTON

11 AQUEDUCT

12 For operation of the Water and Sewer Authority

13 and the Washington Aqueduct, $275,705,000 from other

14 funds (including $230,614,000 for the Water and Sewer

15 Authority and $45,091,000 for the Washington Aque16 duct) of which $41,503,000 shall be apportioned and

17 payable to the District’s debt service fund for repayment

18 of loans and interest incurred for capital improvement

19 projects.

20 For construction projects, $140,725,000, as author21 ized by the Act entitled ‘‘An Act authorizing the laying

22 of watermains and service sewers in the District of Co23 lumbia, the levying of assessments therefor, and for other

24 purposes’’ (33 Stat. 244; Public Law 58–140; D.C. Code,

25 sec. 43–1512 et seq.): Provided, That the requirements
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1 and restrictions that are applicable to general fund cap2 ital improvements projects and set forth in this Act

3 under the Capital Outlay appropriation title shall apply

4 to projects approved under this appropriation title.

5 LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

6 For the Lottery and Charitable Games Enterprise

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

9 (95 Stat. 1174, 1175; Public Law 97–91), for the pur10 pose of implementing the Law to Legalize Lotteries,

11 Daily Numbers Games, and Bingo and Raffles for Chari12 table Purposes in the District of Columbia (D.C. Law 3

13 172; D.C. Code, sec. 2–2501 et seq. and sec. 22–1516 et

14 seq.), $223,200,000: Provided, That the District of Co15 lumbia shall identify the source of funding for this appro16 priation title from the District’s own locally generated

17 revenues: Provided further, That no revenues from Fed18 eral sources shall be used to support the operations or ac19 tivities of the Lottery and Charitable Games Control

20 Board.

21 SPORTS AND ENTERTAINMENT COMMISSION

22 For the Sports and Entertainment Commission,

23 $10,968,000 from other funds: Provided, That the Mayor

24 shall submit a budget for the Armory Board for the

25 forthcoming fiscal year as required by section 442(b) of
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1 the District of Columbia Home Rule Act (87 Stat. 824;

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

3 DISTRICT OF COLUMBIA HEALTH AND HOSPITALS

4 PUBLIC BENEFIT CORPORATION

5 For the District of Columbia Health and Hospitals

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

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

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

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

10 no appropriated amounts and no amounts from or guar11 anteed by the District of Columbia government (including

12 the District of Columbia Financial Responsibility and

13 Management Assistance Authority) may be made avail14 able to the Corporation (through reprogramming, trans15 fers, loans, or any other mechanism) which are not other16 wise provided for under this heading.

17 DISTRICT OF COLUMBIA RETIREMENT BOARD

18 For the District of Columbia Retirement Board, es19 tablished by section 121 of the District of Columbia Re20 tirement Reform Act of 1979 (93 Stat. 866; D.C. Code,

21 sec. 1–711), $11,414,000 from the earnings of the appli22 cable retirement funds to pay legal, management, invest23 ment, and other fees and administrative expenses of the

24 District of Columbia Retirement Board: Provided, That

25 the District of Columbia Retirement Board shall provide
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1 to the Congress and to the Council of the District of Co2 lumbia a quarterly report of the allocations of charges by

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

4 That the District of Columbia Retirement Board shall

5 provide the Mayor, for transmittal to the Council of the

6 District of Columbia, an itemized accounting of the

7 planned use of appropriated funds in time for each an8 nual budget submission and the actual use of such funds

9 in time for each annual audited financial report.

10 CORRECTIONAL INDUSTRIES FUND

11 For the Correctional Industries Fund, established by

12 the District of Columbia Correctional Industries Estab13 lishment Act (78 Stat. 1000; Public Law 88–622),

14 $1,808,000 from other funds.

15 WASHINGTON CONVENTION CENTER ENTERPRISE FUND

16 For the Washington Convention Center Enterprise

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

18 CAPITAL OUTLAY

19 (INCLUDING RESCISSIONS)

20 For construction projects, an increase of

21 $1,077,282,000 of which $806,787,000 is from local

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

23 $204,049,000 is from Federal funds, and a rescission of

24 $55,208,000 from local funds appropriated under this

25 heading in prior fiscal years, for a net amount of
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1 $1,022,074,000 to remain available until expended: Pro2 vided, That funds for use of each capital project imple3 menting agency shall be managed and controlled in ac4 cordance with all procedures and limitations established

5 under the Financial Management System: Provided fur6 ther, That all funds provided by this appropriation title

7 shall be available only for the specific projects and pur8 poses intended: Provided further, That notwithstanding

9 the foregoing, all authorizations for capital outlay

10 projects, except those projects covered by the first sen11 tence of section 23(a) of the Federal Aid Highway Act

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

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

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

15 except authorizations for projects as to which funds have

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

17 2002: Provided further, That upon expiration of any such

18 project authorization, the funds provided herein for the

19 project shall lapse.

20 GENERAL PROVISIONS

21 SEC. 101. The expenditure of any appropriation

22 under this Act for any consulting service through pro23 curement contract, pursuant to 5 U.S.C. 3109, shall be

24 limited to those contracts where such expenditures are a

25 matter of public record and available for public inspec-
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1 tion, except where otherwise provided under existing law,

2 or under existing Executive order issued pursuant to ex3 isting law.

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

5 all vouchers covering expenditures of appropriations con6 tained in this Act shall be audited before payment by the

7 designated certifying official, and the vouchers as ap8 proved shall be paid by checks issued by the designated

9 disbursing official.

10 SEC. 103. Whenever in this Act, an amount is speci11 fied within an appropriation for particular purposes or

12 objects of expenditure, such amount, unless otherwise

13 specified, shall be considered as the maximum amount

14 that may be expended for said purpose or object rather

15 than an amount set apart exclusively therefor.

16 SEC. 104. Appropriations in this Act shall be avail17 able, when authorized by the Mayor, for allowances for

18 privately owned automobiles and motorcycles used for the

19 performance of official duties at rates established by the

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

21 maximum prevailing rates for such vehicles as prescribed

22 in the Federal Property Management Regulations 101–7

23 (Federal Travel Regulations).

24 SEC. 105. Appropriations in this Act shall be avail25 able for expenses of travel and for the payment of dues
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1 of organizations concerned with the work of the District

2 of Columbia government, when authorized by the Mayor:

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

4 of Columbia, funds may be expended with the authoriza5 tion of the chair of the Council.

6 SEC. 106. There are appropriated from the applica7 ble funds of the District of Columbia such sums as may

8 be necessary for making refunds and for the payment of

9 judgments that have been entered against the District of

10 Columbia government: Provided, That nothing contained

11 in this section shall be construed as modifying or affect12 ing the provisions of section 11(c)(3) of title XII of the

13 District of Columbia Income and Franchise Tax Act of

14 1947 (70 Stat. 78; Public Law 84–460; D.C. Code, sec.

15 47–1812.11(c)(3)).

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

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

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

19 Columbia shall maintain an index of all employment per20 sonal services and consulting contracts in effect on behalf

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

22 specific information on any severance clause in effect

23 under any such contract.
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1 (b) PUBLIC INSPECTION.—The index maintained

2 under subsection (a) shall be kept available for public in3 spection during regular business hours.

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

5 not apply with respect to any collective bargaining agree6 ment or any contract entered into pursuant to such a col7 lective bargaining agreement.

8 (d) DISTRICT GOVERNMENT DEFINED.—In this sec9 tion, the term ‘‘District government’’ means the govern10 ment of the District of Columbia, including—

11 (1) any department, agency or instrumentality

12 of the government of the District of Columbia;

13 (2) any independent agency of the District of

14 Columbia established under part F of title IV of the

15 District of Columbia Home Rule Act or any other

16 agency, board, or commission established by the

17 Mayor or the Council;

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

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

20 benefit corporation which has the authority to re21 ceive monies directly or indirectly from the District

22 of Columbia (other than monies received from the

23 sale of goods, the provision of services, or the loan24 ing of funds to the District of Columbia); and
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1 (5) the District of Columbia Financial Respon2 sibility and Management Assistance Authority.

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

4 contract subject to subsection (a), nor any severance pay5 ment made under such contract, if a copy of the contract

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

7 copies of their contract or severance agreement in the

8 index on their own behalf.

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

10 this Act shall remain available for obligation beyond the

11 current fiscal year unless expressly so provided herein.

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

13 District of Columbia government for the operation of

14 educational institutions, the compensation of personnel,

15 or for other educational purposes may be used to permit,

16 encourage, facilitate, or further partisan political activi17 ties. Nothing herein is intended to prohibit the avail18 ability of school buildings for the use of any community

19 or partisan political group during non-school hours.

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

21 Act shall be made available to pay the salary of any em22 ployee of the District of Columbia government whose

23 name, title, grade, salary, past work experience, and sal24 ary history are not available for inspection by the House

25 and Senate Committees on Appropriations, the Sub-
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1 committee on the District of Columbia of the House

2 Committee on Government Reform, the Subcommittee on

3 Oversight of Government Management, Restructuring

4 and the District of Columbia of the Senate Committee on

5 Governmental Affairs, and the Council of the District of

6 Columbia, or their duly authorized representative.

7 SEC. 111. There are appropriated from the applica8 ble funds of the District of Columbia such sums as may

9 be necessary for making payments authorized by the Dis10 trict of Columbia Revenue Recovery Act of 1977 (D.C.

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

12 SEC. 112. No part of this appropriation shall be

13 used for publicity or propaganda purposes or implemen14 tation of any policy including boycott designed to support

15 or defeat legislation pending before Congress or any

16 State legislature.

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

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

19 for capital outlay borrowings: Provided, That within a

20 reasonable time after the close of each quarter, the

21 Mayor shall report to the Council of the District of Co22 lumbia and the Congress the actual borrowings and

23 spending progress compared with projections.

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

25 capital projects unless the Mayor has obtained prior ap-
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1 proval from the Council of the District of Columbia, by

2 resolution, identifying the projects and amounts to be fi3 nanced with such borrowings.

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

5 borrowed for capital projects for the operating expenses

6 of the District of Columbia government.

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

8 to the agencies funded by this Act, both Federal and Dis9 trict government agencies, that remain available for obli10 gation or expenditure in fiscal year 2001, or provided

11 from any accounts in the Treasury of the United States

12 derived by the collection of fees available to the agencies

13 funded by this Act, shall be available for obligation or ex14 penditure for an agency through a reprogramming of

15 funds which: (1) creates new programs; (2) eliminates a

16 program, project, or responsibility center; (3) establishes

17 or changes allocations specifically denied, limited or in18 creased by Congress in the Act; (4) increases funds or

19 personnel by any means for any program, project, or re20 sponsibility center for which funds have been denied or

21 restricted; (5) reestablishes through reprogramming any

22 program or project previously deferred through re23 programming; (6) augments existing programs, projects,

24 or responsibility centers through a reprogramming of

25 funds in excess of $1,000,000 or 10 percent, whichever
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1 is less; or (7) increases by 20 percent or more personnel

2 assigned to a specific program, project or responsibility

3 center; unless the Appropriations Committees of both the

4 Senate and House of Representatives are notified in writ5 ing 30 days in advance of any reprogramming as set

6 forth in this section.

7 SEC. 117. None of the Federal funds provided in

8 this Act shall be obligated or expended to provide a per9 sonal cook, chauffeur, or other personal servants to any

10 officer or employee of the District of Columbia govern11 ment.

12 SEC. 118. None of the Federal funds provided in

13 this Act shall be obligated or expended to procure pas14 senger automobiles as defined in the Automobile Fuel Ef15 ficiency Act of 1980 (94 Stat. 1824; Public Law 96–425;

16 15 U.S.C. 2001(2)), with an Environmental Protection

17 Agency estimated miles per gallon average of less than

18 22 miles per gallon: Provided, That this section shall not

19 apply to security, emergency rescue, or armored vehicles.

20 SEC. 119. Notwithstanding any other provisions of

21 law, the provisions of the District of Columbia Govern22 ment Comprehensive Merit Personnel Act of 1978 (D.C.

23 Law 2–139; D.C. Code, sec. 1–601.1 et seq.), enacted

24 pursuant to section 422(3) of the District of Columbia

25 Home Rule Act (87 Stat. 790; Public Law 93–198; D.C.
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1 Code, sec. 1–242(3)), shall apply with respect to the com2 pensation of District of Columbia employees: Provided,

3 That for pay purposes, employees of the District of Co4 lumbia government shall not be subject to the provisions

5 of title 5, United States Code.

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

7 first quarter of the fiscal year ending September 30,

8 2001, the Mayor of the District of Columbia shall submit

9 to the Council of the District of Columbia the new fiscal

10 year 2001 revenue estimates as of the end of the first

11 quarter of fiscal year 2001. These estimates shall be used

12 in the budget request for the fiscal year ending Sep13 tember 30, 2002. The officially revised estimates at mid14 year shall be used for the midyear report.

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

16 of Columbia government or any agency thereof may be

17 renewed or extended without opening that contract to the

18 competitive bidding process as set forth in section 303 of

19 the District of Columbia Procurement Practices Act of

20 1985 (D.C. Law 6–85; D.C. Code, sec. 1–1183.3), except

21 that the District of Columbia government or any agency

22 thereof may renew or extend sole source contracts for

23 which competition is not feasible or practical: Provided,

24 That the determination as to whether to invoke the com25 petitive bidding process has been made in accordance
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1 with duly promulgated rules and procedures and said de2 termination has been reviewed and approved by the Dis3 trict of Columbia Financial Responsibility and Manage4 ment Assistance Authority.

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

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

7 Public Law 99–177), the term ‘‘program, project, and ac8 tivity’’ shall be synonymous with and refer specifically to

9 each account appropriating Federal funds in this Act,

10 and any sequestration order shall be applied to each of

11 the accounts rather than to the aggregate total of those

12 accounts: Provided, That sequestration orders shall not

13 be applied to any account that is specifically exempted

14 from sequestration by the Balanced Budget and Emer15 gency Deficit Control Act of 1985.

16 SEC. 123. In the event a sequestration order is

17 issued pursuant to the Balanced Budget and Emergency

18 Deficit Control Act of 1985 (99 Stat. 1037: Public Law

19 99–177), after the amounts appropriated to the District

20 of Columbia for the fiscal year involved have been paid

21 to the District of Columbia, the Mayor of the District of

22 Columbia shall pay to the Secretary of the Treasury,

23 within 15 days after receipt of a request therefor from

24 the Secretary of the Treasury, such amounts as are se25 questered by the order: Provided, That the sequestration
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1 percentage specified in the order shall be applied propor2 tionately to each of the Federal appropriation accounts in

3 this Act that are not specifically exempted from seques4 tration by such Act.

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

6 government may accept and use a gift or donation during

7 fiscal year 2001 if—

8 (1) the Mayor approves the acceptance and use

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

10 of the District of Columbia may accept and use gifts

11 without prior approval by the Mayor; and

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

13 out its authorized functions or duties.

14 (b) Each entity of the District of Columbia govern15 ment shall keep accurate and detailed records of the ac16 ceptance and use of any gift or donation under subsection

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

18 for audit and public inspection.

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

20 of the District of Columbia government’’ includes an

21 independent agency of the District of Columbia.

22 (d) This section shall not apply to the District of

23 Columbia Board of Education, which may, pursuant to

24 the laws and regulations of the District of Columbia, ac-
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1 cept and use gifts to the public schools without prior ap2 proval by the Mayor.

3 SEC. 125. None of the Federal funds provided in

4 this Act may be used by the District of Columbia to pro5 vide for salaries, expenses, or other costs associated with

6 the offices of United States Senator or United States

7 Representative under section 4(d) of the District of Co8 lumbia Statehood Constitutional Convention Initiatives of

9 1979 (D.C. Law 3–171; D.C. Code, sec. 1–113(d)).

10 SEC. 126. (a) The University of the District of Co11 lumbia shall submit to the Mayor, the District of Colum12 bia Financial Responsibility and Management Assistance

13 Authority and the Council of the District of Columbia no

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

15 a report that sets forth—

16 (1) current quarter expenditures and obliga17 tions, year-to-date expenditures and obligations, and

18 total fiscal year expenditure projections versus budg19 et broken out on the basis of control center, respon20 sibility center, and object class, and for all funds,

21 non-appropriated funds, and capital financing;

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

23 frozen and the amount of funds frozen, broken out

24 by control center, responsibility center, detailed ob25 ject, and for all funding sources;
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1 (3) a list of all active contracts in excess of

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

3 contractor; the budget to which the contract is

4 charged, broken out on the basis of control center

5 and responsibility center, and contract identifying

6 codes used by the University of the District of Co7 lumbia; payments made in the last quarter and year8 to-date, the total amount of the contract and total

9 payments made for the contract and any modifica10 tions, extensions, renewals; and specific modifica11 tions made to each contract in the last month;

12 (4) all reprogramming requests and reports

13 that have been made by the University of the Dis14 trict of Columbia within the last quarter in compli15 ance with applicable law; and

16 (5) changes made in the last quarter to the or17 ganizational structure of the University of the Dis18 trict of Columbia, displaying previous and current

19 control centers and responsibility centers, the names

20 of the organizational entities that have been

21 changed, the name of the staff member supervising

22 each entity affected, and the reasons for the struc23 tural change.

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

25 provide the Congress by February 1, 2001, a summary,
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1 analysis, and recommendations on the information pro2 vided in the quarterly reports.

3 SEC. 127. (a) Nothing in the Federal Grant and Co4 operative Agreements Act of 1977 (31 U.S.C. 6301 et

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

6 the Environmental Protection Agency from negotiating

7 and entering into cooperative agreements and grants au8 thorized by law which affect real property of the Federal

9 Government in the District of Columbia if the principal

10 purpose of the cooperative agreement or grant is to pro11 vide comparable benefits for Federal and non-Federal

12 properties in the District of Columbia.

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

14 year 2001 and each succeeding fiscal year.

15 SEC. 128. (a) CONDITIONS FOR GRANTING PREF16 ERENCE IN USE OF SURPLUS SCHOOL PROPERTIES TO

17 PUBLIC CHARTER SCHOOLS.—

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

19 District of Columbia School Reform Act of 1995

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

21 amended—

22 (A) by striking ‘‘purchase or lease’’ and in23 serting ‘‘purchase, lease-purchase, or lease’’;

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

2 that follows and inserting a period.

3 (2) PROPERTY SUBJECT TO PREFERENCE.—

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

5 2853.19(b)(1)(B)(iii), D.C. Code) is amended to

6 read as follows:

7 ‘‘(iii) with respect to which the Au8 thority or the Board of Education has

9 transferred jurisdiction to the Mayor at

10 any time prior or subsequent to the date of

11 the enactment of this title.’’.

12 (b) PROCEDURES FOR DISPOSITION OF PROPERTY.—

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

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

15 new subparagraphs:

16 ‘‘(C) DISPOSITION TO PUBLIC CHARTER

17 SCHOOLS.—

18 ‘‘(i) IN GENERAL.—Public charter

19 schools shall have the priority right to

20 lease, lease-purchase, or purchase any va21 cant facility or property described in sub22 paragraph (B), and any facility or property

23 described in subparagraph (B) which is

24 leased or occupied as of the date of the en-
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1 actment of this subparagraph by an entity

2 other than a public charter school.

3 ‘‘(ii) APPRAISAL OF PROPERTY.—

4 When a public charter school notifies the

5 Mayor of its intention to exercise its rights

6 under clause (i), the Mayor shall obtain

7 within 90 days an independent fair market

8 appraisal of the facility or property based

9 on its current permitted use, and shall

10 transmit a copy of the appraisal to the

11 public charter school. The public charter

12 school shall have 30 days from the date of

13 receipt of the appraisal to enter into a con14 tract for the purchase, lease-purchase, or

15 lease of such facility or property, which

16 time may be extended by mutual agree17 ment. Upon execution of the contract, the

18 public charter school shall have 180 days

19 to complete the acquisition of the property.

20 ‘‘(iii) PRICES.—

21 ‘‘(I) PURCHASE.—The purchase

22 price of a facility or property de23 scribed in this clause and in subpara24 graph (B) shall be the fair market
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1 value of the facility or property, less a

2 25 percent discount.

3 ‘‘(II) LEASE.—The lease price of

4 a facility or property described in this

5 clause and in subparagraph (B) shall

6 be the price charged by the District of

7 Columbia to other nonprofit organiza8 tions leasing public facilities or, if

9 there is no nonprofit rate, fair market

10 value less a 25 percent discount. The

11 price shall be reduced to take into ac12 count the value of any improvement to

13 the public school facility or property

14 which is preapproved by the Mayor.

15 ‘‘(III) LEASE-PURCHASE.—A

16 lease-purchase price of a facility or

17 property described in this clause and

18 in subparagraph (B) shall reflect a 25

19 percent discount from fair market

20 value, in a manner consistent with

21 subclauses (I) and (II).

22 ‘‘(iv) QUARTERLY REPORT.—On Jan23 uary 1, April 1, July 1, and October 1 of

24 each calendar year, the Mayor shall pub25 lish a report describing the status of each
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1 facility or property described in subpara2 graph (B), including the date of expiration

3 of the lease term or right of occupancy, if

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

5 property was or will be put out for bid or

6 transferred to a District of Columbia agen7 cy, if any. The Mayor shall deliver such re8 port to each eligible chartering authority

9 and shall publish it in the District of Co10 lumbia register.

11 ‘‘(D) DISPOSITION OF FACILITIES OR

12 PROPERTIES AFTER EXCLUSIVE PERIOD.—

13 ‘‘(i) IN GENERAL.—The Mayor may

14 put out for bid to the public or transfer to

15 a District of Columbia agency for the use

16 of such agency any facility or property de17 scribed in this subparagraph (B) which

18 was not acquired by a public charter school

19 pursuant to subparagraph (C).

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

21 to putting any such facility property out

22 for bid or transferring it to a District of

23 Columbia agency, the Mayor shall notify

24 each eligible chartering authority in writ25 ing of his intention to do so.
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1 ‘‘(iii) PUBLIC CHARTER SCHOOL

2 RIGHT TO ACQUIRE BEFORE BID OR

3 TRANSFER.—Prior to the expiration of the

4 90-day notice period described in clause

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

6 lease-purchase, or lease any facility or

7 property described in the notice under the

8 terms described in clause (iii) of subpara9 graph (C).

10 ‘‘(iv) PUBLIC CHARTER SCHOOL

11 RIGHT TO MATCH BID.—With regard to

12 any facility or property offered for bid

13 under this subparagraph, the Mayor shall

14 notify each eligible chartering authority in

15 writing within 5 days of the amount of the

16 highest acceptable bid. A public charter

17 school may purchase, lease-purchase, or

18 lease such facility or property by submit19 ting a bid for the facility or property with20 in 30 business days of receipt by each eli21 gible chartering authority of such notice.

22 The cost of acquisition shall be as de23 scribed in clause (iii) of subparagraph (C).

24 ‘‘(v) FACILITIES OR PROPERTIES NOT

25 PUT OUT FOR BID OR TRANSFERRED.—A
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1 public charter school shall have the right

2 to purchase, lease-purchase, or lease, under

3 the terms described in clause (iii) of sub4 paragraph (C), any facility or property de5 scribed in this paragraph that has not been

6 put out for bid or transferred to a District

7 of Columbia agency by the Mayor as pro8 vided for in this subparagraph.’’.

9 (c) PREFERENCES FOR USE OF CURRENT PROP10 ERTY.—Section 2209(b)(2) of such Act (sec. 31–

11 2853.19(b)(2), D.C. Code) is amended—

12 (1) in subparagraph (B)(ii), by striking ‘‘pur13 poses,’’ and inserting ‘‘purposes directly related to

14 its mission,’’; and

15 (2) by adding at the end the following new sub16 paragraph:

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

18 charter school shall have first priority to lease,

19 or otherwise contract for the use of, any prop20 erty described in subparagraph (B), at a rate

21 which does not exceed the rate charged a pri22 vate nonprofit entity for the use of a com23 parable property of the District of Columbia

24 public schools and which is reduced to take into

25 account the value of repairs or improvements
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1 made to the facility or property by the public

2 charter school.’’.

3 (d) EXERCISE OF PREFERENCES BY OTHER ENTI4 TIES.—Section 2209(b) of such Act (sec. 31–2853.19(b),

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

6 new paragraph:

7 ‘‘(3) EXERCISE OF PREFERENCE BY CERTAIN

8 OTHER ENTITIES.—A public charter school may del9 egate to a nonprofit, tax-exempt organization in the

10 District of Columbia the public charter school’s au11 thority under this subsection.’’.

12 SEC. 129. (a) MODIFICATION OF CONTRACTING RE13 QUIREMENTS.—

14 (1) CONTRACTS SUBJECT TO NOTICE REQUIRE15 MENTS.—Section 2204(c)(1)(A) of the District of

16 Columbia School Reform Act (sec. 31–

17 2853.14(c)(1)(A), D.C. Code) is amended to read as

18 follows:

19 ‘‘(A) NOTICE REQUIREMENT FOR PRO20 CUREMENT CONTRACTS.—

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

22 of an emergency (as determined by the eli23 gible chartering authority of a public char24 ter school), with respect to any procure25 ment contract proposed to be awarded by
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1 the public charter school and having a

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

3 school shall publish a notice of a request

4 for proposals in the District of Columbia

5 Register and newspapers of general cir6 culation not less than 7 days prior to the

7 award of the contract.

8 ‘‘(ii) EXCEPTION FOR CERTAIN CON9 TRACTS.—The notice requirement of clause

10 (i) shall not apply with respect to any con11 tract for the lease or purchase of real

12 property by a public charter school, any

13 employment contract for a staff member of

14 a public charter school, or any manage15 ment contract entered into by a public

16 charter school and the management com17 pany designated in its charter or its peti18 tion for a revised charter.’’.

19 (2) SUBMISSION OF CONTRACTS TO ELIGIBLE

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

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

22 amended—

23 (A) in the heading, by striking ‘‘AUTHOR24 ITY’’ and inserting ‘‘ELIGIBLE CHARTERING AU25 THORITY’’;
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1 (B) in clause (i), by striking ‘‘Authority’’

2 and inserting ‘‘eligible chartering authority’’;

3 and

4 (C) by amending clause (ii) to read as fol5 lows:

6 ‘‘(ii) EFFECTIVE DATE OF CON7 TRACT.—A contract described in subpara8 graph (A) shall become effective on the

9 date that is 10 days after the date the

10 school makes the submission under clause

11 (i) with respect to the contract, or the ef12 fective date specified in the contract,

13 whichever is later.’’.

14 (b) CLARIFICATION OF APPLICATION OF SCHOOL RE15 FORM ACT.—

16 (1) WAIVER OF DUPLICATE AND CONFLICTING

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

18 2853.20, D.C. Code) is amended by adding at the

19 end the following new subsection:

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

21 CONFLICTING PROVISIONS.—Notwithstanding any other

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

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

24 administration, or operation of public charter schools in

25 the District of Columbia shall apply with respect to a
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1 public charter school or an eligible chartering authority

2 to the extent that the provision duplicates or is incon3 sistent with any provision of this title.’’.

4 (2) EFFECTIVE DATE.—The amendments made

5 by this subsection shall take effect as if included in

6 the enactment of the District of Columbia School

7 Reform Act of 1995.

8 (c) LICENSING REQUIREMENTS FOR PRESCHOOL OR

9 PREKINDERGARTEN PROGRAMS.—

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

11 (sec. 31–2853.14(c), D.C. Code) is amended by add12 ing at the end the following new paragraph:

13 ‘‘(18) LICENSING AS CHILD DEVELOPMENT

14 CENTER.—A public charter school which offers a

15 preschool or prekindergarten program shall be sub16 ject to the same child care licensing requirements (if

17 any) which apply to a District of Columbia public

18 school which offers such a program.’’.

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

20 2202 of such Act (sec. 31–2853.12, D.C. Code) is

21 amended by striking clause (17).

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

23 2853.13(h)(2), D.C. Code) is amended by striking

24 ‘‘(17),’’.
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1 (d) Section 2403 of the District of Columbia School

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

3 amended by adding at the end the following new sub4 section:

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

6 school may assign any payments made to the school under

7 this section to a financial institution for use as collateral

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

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

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

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

12 at the end the following new subsection:

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

14 ‘‘(1) IN GENERAL.—Notwithstanding any provi15 sion of this Act or any other provision of law, a pub16 lic charter school may acquire goods and services

17 through the General Services Administration and

18 may participate in programs of the Administration

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

20 entity of the District of Columbia government.

21 ‘‘(2) PARTICIPATION BY CERTAIN ORGANIZA22 TIONS.—A public charter school may delegate to a

23 nonprofit, tax-exempt organization in the District of

24 Columbia the public charter school’s authority under

25 paragraph (1).’’.
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1 SEC. 130. None of the funds appropriated under this

2 Act shall be expended for any abortion except where the

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

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

5 an act of rape or incest.

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

7 Act may be used to implement or enforce the Health

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

9 D.C. Code, sec. 36–1401 et seq.) or to otherwise imple10 ment or enforce any system of registration of unmarried,

11 cohabiting couples (whether homosexual, heterosexual, or

12 lesbian), including but not limited to registration for the

13 purpose of extending employment, health, or govern14 mental benefits to such couples on the same basis that

15 such benefits are extended to legally married couples.

16 SEC. 132. The Superintendent of the District of Co17 lumbia Public Schools shall submit to the Congress, the

18 Mayor, the District of Columbia Financial Responsibility

19 and Management Assistance Authority, and the Council

20 of the District of Columbia no later than 15 calendar

21 days after the end of each quarter a report that sets

22 forth—

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

25 total fiscal year expenditure projections versus budg-
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1 et, broken out on the basis of control center, respon2 sibility center, agency reporting code, and object

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

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

5 frozen and the amount of funds frozen, broken out

6 by control center, responsibility center, detailed ob7 ject, and agency reporting code, and for all funding

8 sources;

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

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

11 contractor; the budget to which the contract is

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

13 responsibility center, and agency reporting code; and

14 contract identifying codes used by the District of Co15 lumbia Public Schools; payments made in the last

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

17 contract and total payments made for the contract

18 and any modifications, extensions, renewals; and

19 specific modifications made to each contract in the

20 last month;

21 (4) all reprogramming requests and reports

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

23 the Board of Education; and

24 (5) changes made in the last quarter to the or25 ganizational structure of the District of Columbia
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1 Public Schools, displaying previous and current con2 trol centers and responsibility centers, the names of

3 the organizational entities that have been changed,

4 the name of the staff member supervising each enti5 ty affected, and the reasons for the structural

6 change.

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

8 the District of Columbia Public Schools and the Univer9 sity of the District of Columbia shall annually compile an

10 accurate and verifiable report on the positions and em11 ployees in the public school system and the university, re12 spectively. The annual report shall set forth—

13 (1) the number of validated schedule A posi14 tions in the District of Columbia public schools and

15 the University of the District of Columbia for fiscal

16 year 2000, fiscal year 2001, and thereafter on full17 time equivalent basis, including a compilation of all

18 positions by control center, responsibility center,

19 funding source, position type, position title, pay

20 plan, grade, and annual salary; and

21 (2) a compilation of all employees in the Dis22 trict of Columbia public schools and the University

23 of the District of Columbia as of the preceding De24 cember 31, verified as to its accuracy in accordance

25 with the functions that each employee actually per-
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1 forms, by control center, responsibility center, agen2 cy reporting code, program (including funding

3 source), activity, location for accounting purposes,

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

5 position control number.

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

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

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

9 the Consensus Commission, and the Authority, not later

10 than February 15 of each year.

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

12 within 30 calendar days after the date of the enactment

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

14 year, the Superintendent of the District of Columbia

15 Public Schools and the University of the District of Co16 lumbia shall submit to the appropriate congressional

17 committees, the Mayor, the District of Columbia Council,

18 the Consensus Commission, and the District of Columbia

19 Financial Responsibility and Management Assistance Au20 thority, a revised appropriated funds operating budget for

21 the public school system and the University of the Dis22 trict of Columbia for such fiscal year that is in the total

23 amount of the approved appropriation and that realigns

24 budgeted data for personal services and other-than-per-
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1 sonal services, respectively, with anticipated actual ex2 penditures.

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

4 this section shall be submitted in the format of the budg5 et that the Superintendent of the District of Columbia

6 Public Schools and the University of the District of Co7 lumbia submit to the Mayor of the District of Columbia

8 for inclusion in the Mayor’s budget submission to the

9 Council of the District of Columbia pursuant to section

10 442 of the District of Columbia Home Rule Act (Public

11 Law 93–198; D.C. Code, sec. 47–301).

12 SEC. 135. The District of Columbia Financial Re13 sponsibility and Management Assistance Authority, act14 ing on behalf of the District of Columbia Public Schools

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

16 Trustees of the University of the District of Columbia,

17 the Board of Library Trustees, and the Board of Gov18 ernors of the University of the District of Columbia

19 School of Law shall vote on and approve the respective

20 annual or revised budgets for such entities before submis21 sion to the Mayor of the District of Columbia for inclu22 sion in the Mayor’s budget submission to the Council of

23 the District of Columbia in accordance with section 442

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

2 their respective budgets directly to the Council.

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

4 NOT INCLUDED IN CEILING UNDER ‘‘DIVISION OF EX5 PENSES’’.—

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

7 with the Chief Financial Officer, during a control

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

9 Columbia Financial Responsibility and Management

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

11 Stat. 152), may accept, obligate, and expend Fed12 eral, private, and other grants received by the Dis13 trict government that are not reflected in the

14 amounts appropriated in this Act.

15 (2) REQUIREMENT OF CHIEF FINANCIAL OFFI16 CER REPORT AND AUTHORITY APPROVAL.—No such

17 Federal, private, or other grant may be accepted, ob18 ligated, or expended pursuant to paragraph (1)

19 until—

20 (A) the Chief Financial Officer of the Dis21 trict of Columbia submits to the Authority a re22 port setting forth detailed information regard23 ing such grant; and

24 (B) the Authority has reviewed and ap25 proved the acceptance, obligation, and expendi-
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1 ture of such grant in accordance with review

2 and approval procedures consistent with the

3 provisions of the District of Columbia Financial

4 Responsibility and Management Assistance Act

5 of 1995.

6 (3) PROHIBITION ON SPENDING IN ANTICIPA7 TION OF APPROVAL OR RECEIPT.—No amount may

8 be obligated or expended from the general fund or

9 other funds of the District government in anticipa10 tion of the approval or receipt of a grant under

11 paragraph (2)(B) of this subsection or in anticipa12 tion of the approval or receipt of a Federal, private,

13 or other grant not subject to such paragraph.

14 (4) QUARTERLY REPORTS.—The Chief Finan15 cial Officer of the District of Columbia shall prepare

16 a quarterly report setting forth detailed information

17 regarding all Federal, private, and other grants sub18 ject to this subsection. Each such report shall be

19 submitted to the Council of the District of Columbia,

20 and to the Committees on Appropriations of the

21 House of Representatives and the Senate, not later

22 than 15 days after the end of the quarter covered

23 by the report.

24 (b) REPORT ON EXPENDITURES BY FINANCIAL RE25 SPONSIBILITY AND MANAGEMENT ASSISTANCE AUTHOR-
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1 ITY.—Not later than 20 calendar days after the end of

2 each fiscal quarter starting October 1, 2000, the Author3 ity shall submit a report to the Committees on Appro4 priations of the House of Representatives and the Senate,

5 the Committee on Government Reform of the House, and

6 the Committee on Governmental Affairs of the Senate

7 providing an itemized accounting of all non-appropriated

8 funds obligated or expended by the Authority for the

9 quarter. The report shall include information on the date,

10 amount, purpose, and vendor name, and a description of

11 the services or goods provided with respect to the expend12 itures of such funds.

13 SEC. 137. If a department or agency of the govern14 ment of the District of Columbia is under the administra15 tion of a court-appointed receiver or other court-ap16 pointed official during fiscal year 2001 or any succeeding

17 fiscal year, the receiver or official shall prepare and sub18 mit to the Mayor, for inclusion in the annual budget of

19 the District of Columbia for the year, annual estimates

20 of the expenditures and appropriations necessary for the

21 maintenance and operation of the department or agency.

22 All such estimates shall be forwarded by the Mayor to the

23 Council, for its action pursuant to sections 446 and

24 603(c) of the District of Columbia Home Rule Act, with25 out revision but subject to the Mayor’s recommendations.
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1 Notwithstanding any provision of the District of Colum2 bia Home Rule Act (87 Stat. 774; Public Law 93–198)

3 the Council may comment or make recommendations con4 cerning such annual estimates but shall have no authority

5 under such Act to revise such estimates.

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

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

8 Columbia public schools shall be—

9 (1) classified as an Educational Service em10 ployee;

11 (2) placed under the personnel authority of the

12 Board of Education; and

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

14 (b) School-based personnel shall constitute a sepa15 rate competitive area from nonschool-based personnel

16 who shall not compete with school-based personnel for re17 tention purposes.

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

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

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

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

22 of the District of Columbia with an official vehicle unless

23 the officer or employee uses the vehicle only in the per24 formance of the officer’s or employee’s official duties. For

25 purposes of this paragraph, the term ‘‘official duties’’
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1 does not include travel between the officer’s or employee’s

2 residence and workplace (except (1) in the case of an of3 ficer or employee of the Metropolitan Police Department

4 who resides in the District of Columbia or is otherwise

5 designated by the Chief of the Department; (2) at the

6 discretion of the Fire Chief, an officer or employee of the

7 District of Columbia Fire and Emergency Medical Serv8 ices Department who resides in the District of Columbia

9 and is on call 24 hours a day; (3) the Mayor of the Dis10 trict of Columbia; and (4) the Chairman of the Council

11 of the District of Columbia).

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

13 Officer of the District of Columbia shall submit, by No14 vember 15, 2000, an inventory, as of September 30,

15 2000, of all vehicles owned, leased or operated by the

16 District of Columbia government. The inventory shall in17 clude, but not be limited to, the department to which the

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

19 acquisition date and cost; the general condition of the ve20 hicle; annual operating and maintenance costs; current

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

22 home by a District officer or employee and if so, the offi23 cer or employee’s title and resident location.

24 SEC. 140. (a) SOURCE OF PAYMENT FOR EMPLOY25 EES DETAILED WITHIN GOVERNMENT.—For purposes of
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1 determining the amount of funds expended by any entity

2 within the District of Columbia government during fiscal

3 year 2001 and each succeeding fiscal year, any expendi4 tures of the District government attributable to any offi5 cer or employee of the District government who provides

6 services which are within the authority and jurisdiction of

7 the entity (including any portion of the compensation

8 paid to the officer or employee attributable to the time

9 spent in providing such services) shall be treated as ex10 penditures made from the entity’s budget, without regard

11 to whether the officer or employee is assigned to the enti12 ty or otherwise treated as an officer or employee of the

13 entity.

14 (b) MODIFICATION OF REDUCTION IN FORCE PRO15 CEDURES.—The District of Columbia Government Com16 prehensive Merit Personnel Act of 1978 (D.C. Code, sec.

17 1–601.1 et seq.), is further amended in section 2408(a)

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

19 (b), by striking ‘‘2000’’ and inserting ‘‘2001’’; in sub20 section (i), by striking ‘‘2000’’ and inserting, ‘‘2001’’;

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

22 ‘‘2001’’.

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

24 government (including any independent agency of the Dis25 trict but excluding the District of Columbia Financial Re-
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1 sponsibility and Management Assistance Authority, the

2 Metropolitan Police Department, and the Office of the

3 Chief Technology Officer) may enter into an agreement

4 in excess of $2,500 for the procurement of goods or serv5 ices on behalf of any entity of the District government

6 until the officer or employee has conducted an analysis

7 of how the procurement of the goods and services involved

8 under the applicable regulations and procedures of the

9 District government would differ from the procurement of

10 the goods and services involved under the Federal supply

11 schedule and other applicable regulations and procedures

12 of the General Services Administration, including an anal13 ysis of any differences in the costs to be incurred and the

14 time required to obtain the goods or services.

15 SEC. 141. Notwithstanding any other provision of

16 law, not later than 120 days after the date that a Dis17 trict of Columbia Public Schools (DCPS) student is re18 ferred for evaluation or assessment—

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

21 evaluate a student who may have a disability and

22 who may require special education services; and

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

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

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

5 services.

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

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

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

9 expending the funds the entity will comply with the Buy

10 American Act (41 U.S.C. 10a–10c).

11 (b) SENSE OF CONGRESS; REQUIREMENT REGARD12 ING NOTICE.—

13 (1) PURCHASE OF AMERICAN-MADE EQUIPMENT

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

15 product that may be authorized to be purchased

16 with financial assistance provided using funds made

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

18 that entities receiving the assistance should, in ex19 pending the assistance, purchase only American20 made equipment and products to the greatest extent

21 practicable.

22 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—

23 In providing financial assistance using funds made

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

25 Federal or District of Columbia government shall
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1 provide to each recipient of the assistance a notice

2 describing the statement made in paragraph (1) by

3 the Congress.

4 (c) PROHIBITION OF CONTRACTS WITH PERSONS

5 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

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

7 agency that any person intentionally affixed a label bear8 ing a ‘‘Made in America’’ inscription, or any inscription

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

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

11 States, the person shall be ineligible to receive any con12 tract or subcontract made with funds made available in

13 this Act, pursuant to the debarment, suspension, and in14 eligibility procedures described in sections 9.400 through

15 9.409 of title 48, Code of Federal Regulations.

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

17 may be used for purposes of the annual independent

18 audit of the District of Columbia government (including

19 the District of Columbia Financial Responsibility and

20 Management Assistance Authority) for fiscal year 2000

21 unless—

22 (1) the audit is conducted by the Inspector

23 General of the District of Columbia pursuant to sec24 tion 208(a)(4) of the District of Columbia Procure-
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1 ment Practices Act of 1985 (D.C. Code, sec. 1–

2 1182.8(a)(4)); and

3 (2) the audit includes a comparison of audited

4 actual year-end results with the revenues submitted

5 in the budget document for such year and the appro6 priations enacted into law for such year.

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

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

9 programs or functions for which a reorganization plan is

10 required but has not been approved by the District of Co11 lumbia Financial Responsibility and Management Assist12 ance Authority. Appropriations made by this Act for such

13 programs or functions are conditioned only on the ap14 proval by the Authority of the required reorganization

15 plans.

16 SEC. 145. Notwithstanding any other provision of

17 law, rule, or regulation, the evaluation process and in18 struments for evaluating District of Columbia Public

19 School employees shall be a non-negotiable item for col20 lective bargaining purposes.

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

22 may be used by the District of Columbia Corporation

23 Counsel or any other officer or entity of the District gov24 ernment to provide assistance for any petition drive or

25 civil action which seeks to require Congress to provide for
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1 voting representation in Congress for the District of Co2 lumbia.

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

4 may be used to transfer or confine inmates classified

5 above the medium security level, as defined by the Fed6 eral Bureau of Prisons classification instrument, to the

7 Northeast Ohio Correctional Center located in Youngs8 town, Ohio.

9 SEC. 148. (a) Section 202(j) of the District of Colum10 bia Financial Responsibility and Management Assistance

11 Act of 1995 (sec. 47–392.2(j), DC Code), as amended by

12 section 148(a) of the District of Columbia Appropriations

13 Act, 2000, is amended to read as follows:

14 ‘‘(j) RESERVE.—

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

16 2000, the financial plan or budget submitted pursu17 ant to this Act shall contain $150,000,000, to re18 main available until expended, for a reserve to be es19 tablished by the Mayor, Council of the District of

20 Columbia, Chief Financial Officer for the District of

21 Columbia, and the District of Columbia Financial

22 Responsibility and Management Assistance Author23 ity.

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

25 funds—
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1 ‘‘(A) shall only be expended according to

2 criteria established by the Chief Financial Offi3 cer and approved by the Mayor, Council of the

4 District of Columbia, and District of Columbia

5 Financial Responsibility and Management As6 sistance Authority;

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

8 of the District of Columbia government under

9 court ordered receivership; and

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

11 the projected reductions budgeted in the budget

12 proposed by the District of Columbia govern13 ment for general supply schedule savings, man14 agement reform savings, and cafeteria plan sav15 ings.

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

17 shall notify the Committees on Appropriations of the

18 Senate and House of Representatives in writing 30

19 days in advance of any expenditure of the reserve

20 funds.

21 ‘‘(4) REPLENISHMENT.—Any amount of the re22 serve funds which is expended in one fiscal year

23 shall be replenished in the reserve funds from the

24 following fiscal year appropriations to maintain the

25 $150,000,000 balance.’’.
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1 (b) Section 202(k) of such Act (sec. 47–392.2(k), DC

2 Code), as amended by section 148(b) of the District of

3 Columbia Appropriations Act, 2000, is amended to read

4 as follows:

5 ‘‘(k) POSITIVE FUND BALANCE.—

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

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

8 positive fund balance in the general fund of not less

9 than 4 percent of the projected general fund expend10 itures for the following fiscal year.

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

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

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

14 used for authorized non-recurring expenses; and

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

16 to reduce the debt of the District of Colum17 bia.’’.

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

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

20 Columbia Appropriations Act, 2000.

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

22 (D.C. Code sec. 7–134.2(e)) is amended to read as fol23 lows:

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

25 February 1, 2001, and each February 1, thereafter, the
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1 Inspector General of the District of Columbia shall audit

2 the financial statements of the District of Columbia

3 Highway Trust Fund for the preceding fiscal year and

4 shall submit to Congress a report on the results of such

5 audit. Not later than May 31, 2001, and each May 31,

6 thereafter, the Inspector General shall examine the state7 ments forecasting the conditions and operations of the

8 Trust Fund for the next five fiscal years commencing on

9 the previous October 1 and shall submit to Congress a

10 report on the results of such examination.’’.

11 SEC. 150. None of the Federal funds contained in

12 this Act may be used for any program of distributing

13 sterile needles or syringes for the hypodermic injection of

14 any illegal drug.

15 SEC. 151. (a) RESTRICTIONS ON LEASES.—Upon

16 the expiration of the 60–day period that begins on the

17 date of the enactment of this Act, none of the funds con18 tained in this Act may be used to make rental payments

19 under a lease for the use of real property by the District

20 of Columbia government (including any independent

21 agency of the District) unless the lease and an abstract

22 of the lease have been filed (by the District of Columbia

23 or any other party to the lease) with the central office

24 of the Deputy Mayor for Economic Development, in an

25 indexed registry available for public inspection.
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1 (b) ADDITIONAL RESTRICTIONS ON CURRENT

2 LEASES.—

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

4 60–day period that begins on the date of the enact5 ment of this Act, in the case of a lease described in

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

7 Act may be used to make rental payments under the

8 lease unless the lease is included in periodic reports

9 submitted by the Mayor and Council of the District

10 of Columbia to the Committees on Appropriations of

11 the House of Representatives and Senate describing

12 for each such lease the following information:

13 (A) The location of the property involved,

14 the name of the owners of record according to

15 the land records of the District of Columbia,

16 the name of the lessors according to the lease,

17 the rate of payment under the lease, the period

18 of time covered by the lease, and the conditions

19 under which the lease may be terminated.

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

21 is not occupied by the District of Columbia gov22 ernment as of the end of the reporting period

23 involved.

24 (C) If the property is not occupied and uti25 lized by the District government as of the end
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1 of the reporting period involved, a plan for oc2 cupying and utilizing the property (including

3 construction or renovation work) or a status

4 statement regarding any efforts by the District

5 to terminate or renegotiate the lease.

6 (2) TIMING OF REPORTS.—The reports de7 scribed in paragraph (1) shall be submitted for each

8 calendar quarter (beginning with the quarter ending

9 December 31, 2000) not later than 20 days after the

10 end of the quarter involved, plus an initial report

11 submitted not later than 60 days after the date of

12 the enactment of this Act, which shall provide infor13 mation as of the date of the enactment of this Act.

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

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

16 the enactment of this Act for the use of real prop17 erty by the District of Columbia government (includ18 ing any independent agency of the District) which is

19 not being occupied by the District government (in20 cluding any independent agency of the District) as

21 of such date or during the 60-day period which be22 gins on the date of the enactment of this Act.

23 SEC. 152. (a) MANAGEMENT OF EXISTING DISTRICT

24 GOVERNMENT PROPERTY.—Upon the expiration of the

25 60–day period that begins on the date of the enactment
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1 of this Act, none of the funds contained in this Act may

2 be used to enter into a lease (or to make rental payments

3 under such a lease) for the use of real property by the

4 District of Columbia government (including any inde5 pendent agency of the District) or to purchase real prop6 erty for the use of District of Columbia government (in7 cluding any independent agency of the District) or to

8 manage real property for the use of the District of Co9 lumbia (including any independent agency of the District)

10 unless the following conditions are met:

11 (1) The Mayor and Council of the District of

12 Columbia certify to the Committees on Appropria13 tions of the House of Representatives and Senate

14 that existing real property available to the District

15 (whether leased or owned by the District govern16 ment) is not suitable for the purposes intended.

17 (2) Notwithstanding any other provisions of

18 law, there is made available for sale or lease all real

19 property of the District of Columbia that the Mayor

20 from time to time determines is surplus to the needs

21 of the District of Columbia, unless a majority of the

22 members of the Council override the Mayor’s deter23 mination during the 30-day period which begins on

24 the date the determination is published.
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1 (3) The Mayor and Council implement a pro2 gram for the periodic survey of all District property

3 to determine if it is surplus to the needs of the Dis4 trict.

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

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

7 the Committees on Appropriations of the House of

8 Representatives and Senate, the Committee on Gov9 ernment Reform of the House of Representatives,

10 and the Committee on Governmental Affairs of the

11 Senate a report which provides a comprehensive plan

12 for the management of District of Columbia real

13 property assets, and are proceeding with the imple14 mentation of the plan.

15 (b) TERMINATION OF PROVISIONS.—If the District

16 of Columbia enacts legislation to reform the practices and

17 procedures governing the entering into of leases for the

18 use of real property by the District of Columbia govern19 ment and the disposition of surplus real property of the

20 District government, the provisions of subsection (a) shall

21 cease to be effective upon the effective date of the legisla22 tion.

23 SEC. 153. Section 158(b) of Public Law 106–113,

24 approved November 29, 1999 (113 Stat. 1527) is amend25 ed to read as follows:
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1 ‘‘(b) SOURCE OF FUNDS.—An amount not to exceed

2 $5,000,000 from the National Highway System funds ap3 portioned to the District of Columbia under section 104

4 of title 23, United States Code, may be used for purposes

5 of carrying out the project under subsection (a).’’

6 SEC. 154. (a) CERTIFICATION.—None of the funds

7 contained in this Act may be used after the expiration of

8 the 30-day period that begins on the date of the enact9 ment of this Act to pay the salary of any chief financial

10 officer of any office of the District of Columbia govern11 ment (including the District of Columbia Financial Re12 sponsibility and Management Assistance Authority and

13 any independent agency of the District) who has not filed

14 a certification with the Mayor and the Chief Financial

15 Officer of the District of Columbia that the officer under16 stands the duties and restrictions applicable to the officer

17 as a result of this Act (and the amendments made by this

18 Act), including any duty to prepare a report requested ei19 ther in the Act or in any of the reports accompanying the

20 Act and the deadline by which each report must be sub21 mitted, and the District’s Chief Financial Officer shall

22 provide to the Committees on Appropriations of the Sen23 ate and the House of Representatives by the 10th day

24 after the end of each quarter a summary list showing
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1 each report, the due date and the date submitted to the

2 Committees.

3 (b) PENALTY.—Any chief financial officer who car4 ries out any activity in violation of any provision of this

5 Act or any amendment made by this Act shall be subject

6 to a civil money penalty in accordance with applicable

7 District of Columbia law.

8 SEC. 155. (a) Notwithstanding the provisions of the

9 District of Columbia Government Comprehensive Merit

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

11 601.1 et seq.), or any other District of Columbia law,

12 statute, regulation, the provisions of the District of Co13 lumbia Personnel Manual, or the provisions of any collec14 tive bargaining agreement, employees of the District of

15 Columbia government will only receive compensation for

16 overtime work in excess of 40 hours per week (or other

17 applicable tour of duty) or work actually performed, in

18 accordance with the provisions of the Fair Labor Stand19 ards Act, 29 U.S.C. § 201 et seq.

20 (b) Subsection (a) of this section shall be effective

21 December 27, 1996 in order to ratify and approve the

22 Resolution and Order of the District of Columbia Finan23 cial Responsibility and Management Assistance Author24 ity, dated December 27, 1996.
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1 SEC. 156. The proposed budget of the government

2 of the District of Columbia for fiscal year 2002 that is

3 submitted by the District to Congress shall specify poten4 tial adjustments that might become necessary in the

5 event that the management savings achieved by the Dis6 trict during the year do not meet the level of manage7 ment savings projected by the District under the pro8 posed budget.

9 SEC. 157. In submitting any document showing the

10 budget for an office of the District of Columbia govern11 ment (including an independent Agency of the District)

12 that contains a category of activities labeled as ‘‘other’’,

13 ‘‘miscellaneous’’, or a similar general, nondescriptive

14 term, the document shall include a description of the

15 types of activities covered in the category and a detailed

16 breakdown of the amount allocated for each such activity.

17 SEC. 158. (a) None of the funds contained in this

18 Act may be used to enact or carry out any law, rule, or

19 regulation to legalize or otherwise reduce penalties associ20 ated with the possession, use, or distribution of any

21 schedule I substance under the Controlled Substances

22 Act (21 U.S.C. 802) or any tetrahydrocannabinols deriva23 tive.

24 (b) The Legalization of Marijuana for Medical

25 Treatment Initiative of 1998, also know as Initiative 59,
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1 approved by the electors of the District of Columbia on

2 November 3, 1998, shall not take effect.

3 SEC. 159. Notwithstanding any other provision of

4 law, the Mayor of the District of Columbia, in consultation

5 with the committee established under section 603(e)(2)(B)

6 of the Student Loan Marketing Association Reorganiza7 tion Act of 1996 (Public Law 104–208; 110 Stat. 8009–

8 293, as amended by Public Law 106–113; 113 Stat.

9 1526), is hereby authorized to allocate the District’s limi10 tation amount of qualified zone academy bonds (estab11 lished pursuant to 26 U.S.C. 1397E) among qualified

12 zone academies within the District.

13 SEC. 160. (a) Section 11232 of the Balanced Budget

14 Act of 1997 (sec. 24–1232, DC Code) is amended—

15 (1) by redesignating subsections (f) through (i)

16 as subsections (g) through (j); and

17 (2) by inserting after subsection (e) the fol18 lowing new subsection:

19 ‘‘(f) TREATMENT AS FEDERAL EMPLOYEES.—

20 ‘‘(1) IN GENERAL.—The Trustee and employees

21 of the Trustee who are not covered under subsection

22 (e) shall be treated as employees of the Federal Gov23 ernment solely for purposes of the following provi24 sions of title 5, United States Code:

25 ‘‘(A) Chapter 83 (relating to retirement).
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1 ‘‘(B) Chapter 84 (relating to the Federal

2 Employees’ Retirement System).

3 ‘‘(C) Chapter 87 (relating to life insur4 ance).

5 ‘‘(D) Chapter 89 (relating to health insur6 ance).

7 ‘‘(2) EFFECTIVE DATES OF COVERAGE.—The

8 effective dates of coverage of the provisions of para9 graph (1) are as follows:

10 ‘‘(A) In the case of the Trustee and em11 ployees of the Office of the Trustee and the Of12 fice of Adult Probation, August 5, 1997, or the

13 date of appointment, whichever is later.

14 ‘‘(B) In the case of employees of the Office

15 of Parole, October 11, 1998, or the date of ap16 pointment, whichever is later.

17 ‘‘(C) In the case of employees of the Pre18 trial Services Agency, January 3, 1999, or the

19 date of appointment, whichever is later.

20 ‘‘(3) RATE OF CONTRIBUTIONS.—The Trustee

21 shall make contributions under the provisions re22 ferred to in paragraph (1) at the same rates applica23 ble to agencies of the Federal Government.
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1 ‘‘(4) REGULATIONS.—The Office of Personnel

2 Management shall issue such regulations as are nec3 essary to carry out this subsection.’’.

4 (b) The amendment made by subsection (a) shall take

5 effect as if included in the enactment of title XI of the

6 Balanced Budget Act of 1997.

7 SEC. 161. It is the sense of Congress that the pa8 tients of Saint Elizabeths Hospital and the taxpayers of

9 the District of Columbia are being poorly served by the

10 current facilities and management of the Hospital.

11 SEC. 162. It is the sense of Congress that the Dis12 trict of Columbia Financial Responsibility and Manage13 ment Assistance Authority should quickly complete the

14 sale of the Franklin School property, a property which

15 has been vacant for over 20 years.

16 SEC. 163. It is the sense of Congress that the District

17 of Columbia government should take all steps necessary

18 to ensure that officials of the District government (includ19 ing officials of the District of Columbia Financial Respon20 sibility and Management Assistance Authority, inde21 pendent agencies, boards, commissions, and corporations

22 of the government) maintain a fiduciary duty to the tax23 payers of the District in the administration of funds under

24 their control.
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1 SEC. 164. No amounts may be made available during

2 fiscal year 2001 to the District of Columbia Health and

3 Hospitals Public Benefit Corporation (through reprogram4 ming, transfers, loans, or any other mechanism) other

5 than the amounts which are otherwise provided for the

6 Corporation in this Act under the heading ‘‘DISTRICT OF

7 COLUMBIA HEALTH AND HOSPITALS PUBLIC BENEFIT

8 CORPORATION’’.

9 SEC. 165. (a) For each payment or group of pay10 ments made by or on behalf of the District of Columbia

11 Health and Hospitals Public Benefit Corporation, the

12 Chief Financial Officer of the District of Columbia shall

13 sign an affidavit certifying that the making of the pay14 ment does not constitute a violation of any provision of

15 subchapter III of chapter 13 of title 31, United States

16 Code, or of any provision of this Act.

17 (b) More than one payment may be covered by the

18 same affidavit under subsection (a), but a single affidavit

19 may not cover more than one week’s worth of payments.

20 (c) It shall be unlawful for any person to order any

21 other person to sign any affidavit required under this sec22 tion, or for any person to provide any signature required

23 under this section on such an affidavit by proxy or by ma24 chine, computer, or other facsimile device.
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1 SEC. 166. The District of Columbia Health and Hos2 pitals Public Benefit Corporation may not obligate or ex3 pend any amounts during fiscal year 2001 unless (at the

4 time of the obligation or expenditure) the Corporation cer5 tifies that the obligation or expenditure is within the budg6 et authority provided to the Corporation in this Act.

7 SEC. 167. Nothing in this Act bars the District of

8 Columbia Corporation Counsel from reviewing or com9 menting on briefs in private lawsuits, or from consulting

10 with officials of the District government regarding such

11 lawsuits.

12 SEC. 168. (a) Notwithstanding any other provision

13 of law, the Health Insurance Coverage for Contraceptives

14 Act of 2000 (D.C. Bill 13–399) shall not take effect.

15 (b) Nothing in this section may be construed to pre16 vent the Council or Mayor of the District of Columbia

17 from addressing the issue of the provision of contraceptive

18 coverage by health insurance plans, but it is the intent

19 of Congress that any legislation enacted on such issue

20 should include a ‘‘conscience clause’’ which provides excep21 tions for religious beliefs and moral convictions.

22 SEC. 169. (a) Chapter 23 of title 11, District of Co23 lumbia, is hereby repealed.
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1 (b) The table of chapters for title 11, District of Co2 lumbia, is amended by striking the item relating to chap3 ter 23.

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

5 effect on the date on which legislation enacted by the

6 Council of the District of Columbia to establish the Office

7 of the Chief Medical Examiner in the executive branch of

8 the government of the District of Columbia takes effect.

9 PROMPT PAYMENT OF APPOINTED COUNSEL

10 SEC. 170. (a) ASSESSMENT OF INTEREST FOR DE11 LAYED PAYMENTS.—If the Superior Court of the District

12 of Columbia or the District of Columbia Court of Appeals

13 does not make a payment described in subsection (b) prior

14 to the expiration of the 45-day period which begins on the

15 date the Court receives a completed voucher for a claim

16 for the payment, interest shall be assessed against the

17 amount of the payment which would otherwise be made

18 to take into account the period which begins on the day

19 after the expiration of such 45-day period and which ends

20 on the day the Court makes the payment.

21 (b) PAYMENTS DESCRIBED.—A payment described in

22 this subsection is—

23 (1) a payment authorized under section 11–

24 2604 and section 11–2605, DC Code (relating to

25 representation provided under the District of Colum26 bia Criminal Justice Act);
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1 (2) a payment for counsel appointed in pro2 ceedings in the Family Division of the Superior

3 Court of the District of Columbia under chapter 23

4 of title 16, DC Code; or

5 (3) a payment for counsel authorized under sec6 tion 21–2060, DC Code (relating to representation

7 provided under the District of Columbia Guardian8 ship, Protective Proceedings, and Durable Power of

9 Attorney Act of 1986).

10 (c) STANDARDS FOR SUBMISSION OF COMPLETED

11 VOUCHERS.—The chief judges of the Superior Court of

12 the District of Columbia and the District of Columbia

13 Court of Appeals shall establish standards and criteria for

14 determining whether vouchers submitted for claims for

15 payments described in subsection (b) are complete, and

16 shall publish and make such standards and criteria avail17 able to attorneys who practice before such Courts.

18 (d) RULE OF CONSTRUCTION.—Nothing in this sec19 tion shall be construed to require the assessment of inter20 est against any claim (or portion of any claim) which is

21 denied by the Court involved.

22 (e) EFFECTIVE DATE.—This section shall apply with

23 respect to claims received by the Superior Court of the

24 District of Columbia or the District of Columbia Court
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1 of Appeals after the expiration of the 90-day period which

2 begins on the date of the enactment of this Act.

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

4 Appropriations Act, 2001.’’

Union Calendar No. 453

106TH CONGRESS

2D SESSION H. R. 4942

[Report No. 106–786]

A BILL

Making appropriations for the government of the

District of Columbia and other activities chargeable in whole or in part against revenues of saidDistrict for the fiscal year ending September 30,2001, and for other purposes.

JULY 25, 2000

Committed to the Committee of the Whole House on

the State of the Union and ordered to be printed